Council PKT 11-02-2004 Special/Regular
I
~ Federal Way
City Council Meeting
AGENDA
COUNCILMEMBERS
Dean McColgan, Mayor
Jeanne Burbidge
Jack Dovey
Eric Faison
Jim Ferre 11
Linda Kochmar
Mike Park
..
CITY MANAGER
David H. Moseley
Office of the City Clerk
November 2, 2004
I.
II.
III.
I.
II.
III.
a.
b.
c.
IV.
AGENDA
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
November 2,2004
(wwwcifyqffederalway.com)
* * * * *
SPECIAL MEETING - 5:00 p.m.
CALL MEETING TO ORDER
COMMUNITY CENTER UPDATE
ADJOURNMENT
REGULAR MEETING - 7:00 p.m.
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
PRESENTATIONS
Youth Commission Introductions/Certificates of Appointment
Introduction of New Employees/City Manager
Emerging Issues/City Manager
CITIZEN COMMENT
PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING.
Citi:::ens may address City Council at this time. When recogni:::ed by the Mayor, please comefárward to the
podium and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES.
The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are
otherwise inappropriate.
Page 1 of3 . . .
V.
VI.
VII.
VIII.
IX.
X.
CONSENT AGENDA
Items listed below have been previously reviewed by a Council Committee o/three members and brought bejáre
/Úll Councilfòr approval: all items are enacted by one motion. Individual items may be removed bv a
Councilmember /ár separate discussion and subsequent motion.
a.
b.
Minutes/October 19, 2004 Regular Meeting
Ventana Final Plat - Resolution
Police Evidence Building/Financing Package & Authorization to Bid
c.
PUBLIC HEARINGS
a.
2005-2006 Biennial Budget & 2005 Property Tax Rate
(As required by RCW 35A.34)
. Citizen Comment (3-minute limit)
b.
2005-20 10 Transportation Improvement Plat (TIP) & Arterial Street
Improvement Plan (ASIP)
. Staff Report
. Citizen Comment (3-minute limit)
. Council Discussion - Resolution
COUNCIL BUSINESS
a.
b.
Community Center/50% Design Consideration
Han Woo-Ri Festival/Authorization to Continue Funding & Production/
Establish Festival Dates
INTRODUCTION ORDINANCE
a.
Council Bill #348/Critical Aquifer Recharge Areas & Wellhead Protection
Areas Code Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING FEDERAL WAY CHAPTER 18 (ENVIRONMENTAL
PROTECTION) AND 22 (ZONING), RELATED TO PROTECTION OF CRITICAL
AQUIFER RECHARGE AREAS AND WELLHEAD PROTECTION AREAS.
CITY COUNCIL REPORTS
CITY MANAGER REPORT
Page 2 0{3 . . .
XI.
EXECUTIVE SESSION
To Consider Sale or Lease of Property/Pursuant to RCW 42.30.] 10(1)( c)
XII.
ADJOURNMENT
** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA **
THE COMPLETE AGENDA PACKET IS AVAILABLE FOR REVIEW AT CITY HALL AND
ON THE CITY'S WEBSITE UNDER "PUBLIC DOCUMENT LIBRARY"
Page 3 0{3 . . .
MEETING DATE:
November 2,2004
TTEM# ~-LL(CC)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
CITY COUNCIL MEETING MINUTES
CATEGORY:
BUDGET IMPACT:
~ CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Draft minutes of the City Council regular meeting held October 19,2004.
SUMMARY/BACKGROUND: Official City Council meeting minuts for permanent records pursuant to RCW
requirements.
CITY COUNCIL COMMITTEE RECOMMENDATION: nla
PROPOSED MOTION: "I move approval ofthe draft minutes from the October 19,2004 regular meeting, as
presented. "
CITY MANAGER APPROY AL: ~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
D DENIED
0 T ABLED/DEFERRED/NO ACTION
D MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
ST
I" reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05110/2001
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
October 19,2004 -7:00 p.m.
Regular Meeting
Minutes
QR~f1
1.
CALL MEETING TO ORDER
Mayor McColgan called the regular meeting of the Federal Way City Council to order at
the hour of7:00 p.m.
Councilmembers present: Mayor Dean McColgan, Deputy Mayor Linda Kochmar,
Councilmembers Jeanne Burbidge, Jack Dovey, Eric Faison, Jim Ferrell, and Mike Park.
Staff present: City Manager David Moseley, City Attorney Pat Richardson, and City Clerk
Chris Green.
II.
PLEDGE OF ALLEGIANCE
Councilmember Eric Faison led the flag salute.
III.
PRESENTATIONS
a.
Introduction of New Employees/City Manager
City Manager David Moseley announced there were no new employees to introduce this
evemng.
b.
Emerging Issues/City Manager
City Manager David Moseley announced there were no emerging issues to discuss this
evemng.
IV.
CITIZEN COMMENT
Rick Reece, spoke on behalf of the Federal Way Public Academy to thank Public Works
Traffic Engineer Rick Perez and staff for the recently installed speed zone signs in the area.
Tamara Brown, spoke on behalf of Catholic Community Services, thanking Council for
prior years funding from the Human Services Budget, she asked Council to not cut funding
in this budget cycle.
Federal Way City Council Regular Meeting Minute."
October 19, 2004 - Page 2 of 4
Roddy J. Nolten, P.E., addressed concerns regarding budget cuts to the Community
Emergency Response Team volunteer program.
V.
a.
b.
c,
d.
e.
f.
g,
h.
1.
J.
k.
CONSENT AGENDA
Minutes/October 5, 2004 Regular Meeting -Approved
Vouchers-Approved
Monthly Financial Report-Approved
Council Bill #347/FWCC Amendment to Chapter 13, regarding Vacation
of Streets/Enactment Ordinance-Approved Ordinance #04-467
Letter of Withdrawal to the Airport Communities Coalition-Approved
Setting Public Hearing for 2005-2010 Transportation Improvement
Plan/ Resolution-Approved Approved Resolution #04-429
City Center Access Study- Stakeholder Addition Approval-Approved
Devonshire Final Plat-Approved
Crosspointe Preliminary Plat-Approved
Tourism Enhancement Grants-Approved
2005 Solid Waste/Recycling Division Grant Award/ Resolution-Approved
Resolution #04-430
MOTION MADE BY DEPUTY MAYOR KOCHMAR TO APPROVE THE
CONSENT AGENDA AS PRESENTED; SECOND MADE BY COUNCILMEMBER
DOVEY. The motion passed as follows:
VI.
Burbidge
Dovey
Faison
Ferrell
Kochmar
McColgan
Park
yes
yes
yes
yes
yes
yes
yes
COUNCIL BUSINESS
Youth Commission Appointments
Councilmember Burbidge thanked all who applied to the Youth Commission.
MOTION MADE BY COUNCILMEMBER BURBIDGE TO APPOINT SAMUAL
ACUNA, .JOSEPH WOO, CHRISTOPHER MCCOLGAN, AND MEGAN LOO TO
ONE-YEAR COMMISSIONER TERMS THROUGH AUGUST 31, 2005; AND
FURTHER MOVED TO APPOINT SARAH KIRSCH, CHELSEA FRIEDMAN,
HAYLEY JOHNSON, ALLISON PALUMBARIT, AND KILEY MARTIN TO TWO-
YEAR COMMISSIONER TERMS THROUGH AUGUST 31, 2006; MOTION
Federal Way Ci(V Council Regular Meeting Minutes
October 19, 2004 - Page 3 of 4
SECONDED BY COUNCILMEMBER DOVEY. The motion passed unanimously as
follows:
Burbidge
Dovey
Faison
Ferrell
yes
yes
yes
yes
Kochmar
McColgan
Park
yes
yes
yes
VII.
CITY COUNCIL REPORTS
Councilmember Faison announced the next meeting of the Finance/Economic
Development/Regional Affairs Committee would be held Tuesday, October 26th at 5:30
p.m. He noted the Committee recently narrowed the options for the downtown market
study down to two firms.
Councilmember Dovey reminded citizens the Federal Way Farmer's Market has two weeks
left. He also announced the next meeting of the Land Use/Transportation Committee
scheduled for November] S\ may be canceled due to the open house on the same night.
Councilmember Burbidge announced the next meeting of the Parks/Recreation/Human
Services Committee meeting would be held November 8th at 5:00 p.m. She further thanked
the arts commission and staff, for the outstanding Arts Harvest Reception and the luried
Art Show currently on display in City Hall. She noted she recently attended the South
County Area Transportation Board, where Sound Transit Phase II for transportation
planning and other area transportation issues were discussed. She encouraged citizens to
attend some of the many events and performances in the local arts.
Deputy Mayor Kochmar highlighted some of the many special events and grand opening
which are happening in the city. She encouraged citizens to shop in Federal Way for the
upcoming holiday season. She further reported on many auctions and fund-raisers that have
been held to help various non-profit agencies.
Councilmember Park announced the next meeting of the Lodging Tax Advisory Committee
has been rescheduled and would now be held on November 5th. He further reported on the
Community Center, he asked citizens to send their comments regarding the timeline and
budget constraints for the project.
Councilmember Ferrell noted he spoke at a recent fundraiser at the South King County
Multi Service Center. He noted it is a very worthwhile cause, and asked citizens to
remember the less fortunate in the coming holiday. He also highlighted a new newspaper in
the region, that reports on Federal Way and surrounding communities.
Federal Way City Council Regular Meeting Minutes
October 19, 2004 - Page 4 of 4
Mayor McColgan invited everyone to come to the open house for the new city hall on
November] st at 4:00 p.m. Tours of City Hall will be available. He thanked Assistant City
Manager Derek Matheson for all his hard work on the building. He reminded everyone of
the upcoming budget meetings, and asked citizens to attend and become involved with this
difficult budget. He further reminded everyone of the upcoming election, and encouraged
everyone to get out and vote,
VIII.
CITY MANAGER REPORT
City Manger David Moseley reported on the Korean Cultural and Sports Festival. He noted
the planning is coming along and a updated report from the consultants will come to
Council at the November 2nd meeting.
Mr. Moseley thanked Community Development Director Kathy McClung and Executive
Assistant Patrick Briggs for their efforts and work on the annual United Way and Federal
Way Human Services event last Wednesday. The event hosted a silent auction, chili cook
off, and cakewalk. He noted the event was very well attended and thanked all who
participated and donated.
He echoed earlier comment regarding the new city hall dedication, which is scheduled for
November I 5t, 2004 beginning at 4:00 p.m. with the dedication plaque to be unveiled
around 5:30 p.m. He encouraged citizens to come and see the new fàcility. He noted work
continues on the flag plaza and parking lot to the North of the building as weather permits.
City Manager noted staff provided a very detailed report and site visit for the stream
restoration and salmon habitat project for Joe's Creek, the meeting was very well attended
by state officials. He noted this project has very high priority in completing.
He further reminded Council there is no need for an Executive Session this evening.
IX.
ADJOURNMENT
There being nothing further to come before the Federal Way City Council, Mayor
McColgan adjourned the regular meeting at 7:35 p,m.
Stephanie Courtney, CMC
Deputy City Clerk
MEETING DATE:
November 2, 2004
ITEM#
~(Íl
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Ventana Final Plat, File No. 04-101264-00-SU
CATEGORY:
BUDGET IMPACT:
IZI CONSENT
IZI RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
0 PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$0
$0
$none
ATTACHMENTS: October 8, 2004, staff report (Exhibit D) with attachments to City Council Land
Use/ Transportation Committee, including draft Final Plat Resolution (Exhibit C) and Hearing Examiner
Recommendation dated February 22, 1999 (Exhibit E).
SUMMARYIBACKGROUND: The applicant has submitted a request for final plat approval for the 28-
lot Ventana subdivision. The Federal Way City Council approved the Ventana preliminary plat on April
6, 1999. The City Council Land Use/Transportation Committee (LUTe) reviewed the final plat
application at their October 18, 2004, meeting.
CITY COUNCIL COMMITTEE RECOMMENDATION: The LUTC voted to recommend approval
of the Ventana final plat application to the fun City Counci1.
PROPOSED MOTION: "I move approval of the Resolution approving the Ventana final plat."
CITY MANAGER APPROVAL: ~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
Doc. I.D. 29265
CITY OF FEDERAL WAY
MEMO RAND UM
DATE:
October 12, 2004
To:
Jack Dovey, Chair
Land Use/Transportation Committee
FROM:
VIA:
SUBJECT:
Ventana Final Plat Application
Federal Way File #O4-101264-00-SU
I.
STAFF RECOMMENDATION
Staff recommends that the Land Use/Transportation Committee forward to the City Council a
recommendation approving the Ventana Final Plat Resolution,
II. SUMMARY OF ApPLICA TlON/EXHIBITS
This application requests final plat approval for Ventana, a subdivision of28 single-family lots on
9.9 acres. The Federal Way City Council granted preliminary plat approval for the 28-lot residential
subdivision on April 6, 1999. The Ventana subdivision is located between SW 3041h Street and SW
3061h Place at 241 Avenue SW. Zoning for the site at the time of application was and continues to be
Residential Single-Family (RS 9.6). Pursuant to Federal Way City Code (FWCC) Section 20-136,
the City Council may approve the final plat application only if all criteria of FWCC Section 20-
136(b) are met. Findings and conclusions contained in the staff report to the City Council and
referenced in the resolution indicate that the application is consistent with these criteria.
The following exhibits are included with this memorandum: Exhibit A, Vicinity Map; Exhibit B,
Final Plat Map; Exhibit C, Resolution; and Exhibit D, Staff Report (with attachments).
III. REASON FOR COUNCIL ACTION
The final decision for final plats rest with the City Council in accordance with FWCC Section 20-
136(b). Bringing this matter before the City Council Land Use/Transportation Committee for review
and recommendation prior to the full Council is consistent with how land use matters are currently
processed by the City,
IV. PROPOSED MOTION
I move that the Land Useffransportation Committee forward to the City Council, and place on the
November 2,2004, City Council consent agenda{~rom"'eAgatioR aPlmwiRg tR~ VtmtaQa FiRal
r P-Iõt R.."vlutÎÖIL
APPROVAL OFCOMMITIEE ACTION
~
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Ventana Final Plat
LUTC Memorandum
04-101264 / Doc. I.D. 29107
Page 2
DRAFT
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING THE VENTANA
FINAL PLAT, FEDERAL WAY, WASIDNGTON, FILE NO. 04-
101264-00-SU
WHEREAS, the Ventana preliminary plat, City of Federal Way File No. 97-103866 OO-SUI, was
approved subject to conditions on April 6, 1999, by Federal Way Resolution No. 99-292; and
WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution No. 99-292 and in
the February 22, 1999, Recommendation of the Federal Way Hearing Examiner with the exception of
condition #9 which was modified by the Federal Way City Council in conjunction with Preliminary Plat
approval; and
WHEREAS, the applicant submitted the application for Ventana final plat within the required time of
receiving approval for the above-referenced preliminary plat; and
WHEREAS, the City of Federal Way's Department of Community Development Services and Public
Works Department staff have reviewed the proposed final plat for its conformance to the conditions of
preliminary plat approval and the Federal Way Hearing Examiner and the Federal Way City Council, and
their analysis and conclusions are set forth in the October 12,2004, Staff Report; and
WHEREAS, the City Council Land Use/Transportation Committee considered the apphcation for the
Ventana final plat at its October 18, 2004, meeting and recommended approval by the fun City Council;
and
WHEREAS, the City Council reviewed and considered the Staff Report and the application for
Ventana final plat during the Council's November 2,2004, meeting;
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS
FOLLOWS:
I Also filed under SUB97-0005 based on previous computer system numbering.
Res #
,Page 1
Section 1. Findings and Conclusions.
1.
The Ventana final plat, City of Federal Way File No. 04-10l264-00-SU, is in substantial
confonnance to the preliminary plat and is in confonnance with applicable zoning ordinances or other
land use controls in effect at the time the preliminary plat application was deemed complete.
2.
Based on inter alia, the analysis and conc1usions in the Staff Report which are adopted herein
by reference and on the City Council's review of the application for final plat, the proposed subdivision
makes appropriate provision for public health, safety, and general welfare, and for such open spaces,
drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary
wastes, parks and recreation, play grounds, and schools and school grounds as are required by City Code,
or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe
walking conditions for students who only walk to and from school.
3.
The public use and interest will be served by the final plat approval granted herein.
4.
An conditions listed in the Federal Way Resolution No. 99-292 and the conditions listed in the
February 22, 1999, Recommendation ofthe City of Federal Way Hearing Examiner, with the exception of
Condition #9 which was modified by the Federal Way City Council in conjunction with preliminary plat
approval, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by
the applicant as anowed by Federal Way City Code Section 20-135.
5.
An required improvements have been made and/or sufficient bond, cash deposit, or assignment
of funds have been accepted as guaranty for completion and maintenance of an required plat
improvements, as identified in the October 12,2004, Final Plat Staff Report.
6,
An taxes and assessments owing on the property being subdivided have been paid or will be
paid, prior to recording the final plat.
Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section 1
above, the Ventana final plat, City of Federal Way File No, 04-101264-00-SU, is approved subject to
satisfaction of compliance with plat conditions and conditions required by the Public Works Director as
identified in the Staff Report and as required by applicable codes and policies.
Res #
, Page 2
Section 3. Recording. The approved and signed final plat, together with all legal instruments
pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the
King County Department of Records. The applicant shall pay all recording fees.
Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this
resolution.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the
resolution is hereby ratified and affirmed.
Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal
Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this
day of
,2004.
City of Federal Way
Mayor, Dean McColgan
Attest:
City Clerk, N. Christine Green, CMC
Approved as to Form:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION No:
--
Res. #
, Page 3
VENTANA FINAL PLAT
Vicinity Map
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Map Date: October '04
City of Federal Way
33325 8th Avenue S.
PO Box 9718
Federal Way, WA 98063
www.cityoffederalway.com
This map is intended for use
as a graphical representation
ONLY. The City of Federal Way
makes no warrenty as to its
accuracy.
FILE NO: 04-101624-00-SU
EXHIBIT A
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A PORTION OF THE. NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF
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CITY OF FEDERAL WAY, KING COUNTY. WASHINGTON
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EXHIBIT
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VENTANA
A PORTION OF THE NORTHWEST 1/4 OF THE NORTHEST 1/4
SECTION 12, TOWNSHIP 21 NORTH, RANGE 3 EAST, WILLAMETTE MERIDIAN
CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON
LEGAl DESCRIPTION
Tl<E NORTI<wEST OUMTER OF Tl<E NORTI<wEST OUM"R OF THE NORTHEAST OUMTER OF SECTION 12 TOWNSHIP
21 NORTI<. RANGE' EAST. wIlL'MmE HERlOI,,". [N KING COUNTY. WASHINGTON. .
DEDICATION .
KNOW AU. PEOPU: BY Tl<ESE ""ESENTS ""T WE. Tl<E UNOERS~NED OWNERS Of INTEREST [N Tl<E ","0 HEREBY
SUBOMOED, HEREBY DEClARE THIS Pv.T TO BE Tl<E GRAPHiC REPRESEN"nON or THE SUBOMSIOH WDE HERE-
BY, AND DO HEREBY DEDICATE TO Tl<E USE OF Tl<E PUBUt FORMR AU. STREETS ,"0 A"'HUES NOT SHOWH AS
""WATE HEREON ,"0 DEDiCATE THE USE 11<EREor fOR AU. PUBUC PURPOSES HOT ~COHSOIDIT WlTI< '"' USE
Tl<EREOF FOR PUBUC H[GHWAY PURPOSES. AND ALSO 11<E RIGHI TO ""'E AU. NECESSARY SlOP£S FOR CUTS AND
AUS UPON Tl<E LOTS AND TRACTS SHOWN Tl<EREDN [N Tl<E ORIGI""- REASON""-E GITAOINO Of SAID STREETS AND
A"'NUES. AND F\JRTI<ER DEDiCATE TO Tl<E USE OF Tl<E PUBUC ALL Tl<E EASEHENTS AND TRACTS SHOWH ON THIS
Pv.T FOR AU. PUBUC PURPOSES AS [NOICATEO Tl<EREON. [NCLUO[NG BUT NOT UHITED TO PMKS. WEN SPACE.
unun" AND ORJJNAGE UNLESS SUCH EASEHENTS OR TRACTS ME SPEC[ACAU.Y 10ENnAED ON Tl<1S "-'T AS
BUNG OEDlCATE1) OR CON",",O TO A PERSON OR ENTITY OTHER T1<AN 11<E PUBUt. [H ""CH CASE wE DO HERE"
DEDICATE AND CONV£Y SUCH STREETS. EASEHENTS. OR TRACTS TO Tl<E PERSON OR ENnTY [OENTIRED AND FOR
Tl<E PURPOSE STATED.
F\!R11<ER, '"' UNDERSIGNED OWNERS OF THE "'"0 HEREBY SUBOMOED. W"'" AND RElW( FOR THEHSEms,
Tl<UR HEiRS AND ASSIGNS AND ANY PERSON OR ENTITY OERMNG TITlE FROH THE UNDERSIGNED, ANY AND AU.
MHS FOR DAM"'ES AGAJNST Tl<E CITY Of FEDERAl. WAY. ITS SUCCESSORS AND ASS[GNS ,,"[CH HAY BE OCCA-
SIONED " Tl<E DESIGN, "'ABUSHH"T, CONSTRUCTION, OPERATION, F"LURE TO WERATE. OR H"NTENÞI'ICE Of
RQAOS AND/OR ORJJN"'E SYSTEMS, ALTERATIONS OF Tl<E GROUND SURFACE. "'G£1ATlON, ORJJN"'E OR SURFACE
OR SUBSURF"'E WATER flOWS WlTH[N Tl<E SUBOMSIONS OR W[11<[N ANY ORJJNAGE OR omNl1ON F"'IUTIES OE-
SiCNED TO RECEM' OR ACTUAU.Y RECEMNO DRAINAGE A1OH IHE SU80MS[ONS AND Tl<E CITY OF FEDERAl. WAYS
REVIEW AND APPROVAL OF P","S AND PERHITS FOR SANE OTHER Tl<AN Cl/oJNS RESUlTINO fROH INADEQUATE
NAlNTENANCE BY Tl<E CITY OF FEOffiAl WAY.
F\JRTI<ER. THE UNDERSIGNED OWNERS OF '"' "'"0 HEREBY SUBO["DEO. "'REE fOR IHEHSEL",S, Tl<EIR HEiRS
AND ASSIGNS TO INOENNIFY. NOLO ""'HLESS. AND DEfEND 11<E CITY Of FEDERAl. WAY. ITS SUCCESSORS ,,"0
ASSIGNS. fROH AND ""'NST ANY OANAGE. INCLUDING ANY coSTS Of DEFENSE. Cl/oJHEO BY PERSONS W111<1N OR
WITHOUT Tl<E SUBO["SIONS TO HA'" SEEN CAUSED BY Tl<E DES[GN, ESTABUSHH"T, CONSTRUCTION, OPERATION,
f"'-URE TO OP£RATE, OR H"NTENANCE or ROADS AND/OR ORJJNAGE SYSTEH. ALTEAAl1ONS or Tl<E GROUND SUP-
f"'E. "'GETATlON, _N"'E, OR SURF"'E OR SUBSURfACE WATER flOWS WlTI<1N Tl<E SUBDIVISIONS OR WITHIN
,"Y ORJJNAGE OR OmNTION fAC<InES DESIGNED TO RECEM' OR ACTUAU.Y RECEMNG ORJJNAGE fROH THE SUB-
OMS,,"S AND THE C[TY OF FEDERAl. WAY'S PEVIEW AND "'PROVAL OF P","S AND PERH'" fOR SANE. PR""OED.
Tl<1S WAMR AND INOENNlACAl1ON SNAU. NOT BE CONSTRUED AS RE\£AS[NG Tl<E CiTY or FEDERAl. WAY, ITS SUC-
CESS""S OR ASSIGNS, FROH "",[UTY fOR DAMAGES, iNCLUDiNG Tl<E COST Of DEFENSE, RESULTING fROH AND
TO Tl<E EXTENT OF THE SOlE NEGUGENCE OF THE CiTY Of FEDERAl. WAY, ITS SUCCESSORS, OR ASS[GNS.
THO SUBOMSION. OED[CAT1ON, RElEASE. iNOENN[OCATION OF Cl/oJNS, AND ACRITHENT TO NOLO HMNtfSS IS HAOt:
Wl11< 11<E FREE CONSENT #<0 IN ACCORDANCE W[TI< THE DESIRES Of SAID OWNERS.
IN WITNESS ,,"EREOf wE SET OUR HANDS AND SWS.
Tl<E COHHERCE BANK or WASI<1NGTON, HA
BY,
11',
CANAl O£V[lOPH,", LLC..
A W""'INGTON UHITED UAB[UTY CONPANY
BY, G""OON 1WJ0~CH
[TS, I.1ANACER
SUSAN HORN<
ACKNOWLEDGMENTS
~~~""'fOfw"'Ki~~GTON ¡ SS.
I CERnfY ""T I KNOW OR """ SATISF"'TORY EVIDENCE 11<AY GORGON 1WJO'o1CH 0 Tl<E "RSON WHO "'PEAAED
BEFORE HE. AND "'0 PERSON ACKNOWlEOCEO T"" HE SIGNED Tl<1S INSTRUHENT. ON OATH STATED", WAS
,,"TI<O""O TO mCUTE Tl<E INSTRU"EN! AND ACKNOv.uOCEO 11 AS 11<E HANAGER or CANA'- DEVELOPMENT LLC
TO BE Tl<E fREE #<0 VOLUNTARY ACT Of SUCH PARTY FOR THE USES #<0 PURPOSES HENTIONED IN THE
INSTRUMENT.
DATED THIS_DAY OF_, 2004.
NOTMY PUBUt IN AND FOR Tl<E STAlE OF WASHINGTON
RESIDING AT
P"NfEO NAME
COHHISSION EXPIRES
~~~~""'f';"'Ki~GTON ¡ SS.
[ CERTIFY ""T [ KNOW OR """ SATiSFACIORY EVIDENCE 11<AT ------- IS THE PERSON ,,"0
"'PEARED "FORE ME. AND SAID PERSON "'KNOWlEOCED THAY (SI"' SlG",O 11<1S INSTRUHENT. ON OA11< SfATED
(S)HE WAS ,,"1NORiZED TO mcuTE THE INSTRUHENT AND ACKNOWlEDGED IT AS THE ---- OF 11<E
CONNERCE BANK Of WASHINGTON. N.A. TO " 11<E FREE AND VOLUNTARY ACT OF SUCH PARN FOR THE USES
AND PURPOSES HENTIONED IN IHE INSTRUHENT.
DATED THIS_DAY OF_. 200'
NOTARY PUBUC IN AND fOR Tl<E STAlE Of WASHINGTON
R"O[NG AY
PRINTED N"'E
COMHISSION EXPIRES
STATE Of WASHINGTON
COUNTY OF KING
¡ SS.
[ CERTIFY THAY I KNOW OR """ SATISFACTORY EVIDENCE IHAY SUSAN HORAN IS THE "RSON WHO APPEXREO
"FORE HE. AND SHE ACKNOWlEOCED T"'T SHE SIGNED 11<[S INSIRUH"T AND ACKNOWlEDGED 11 TO BE HEN
FREE AND ",,-UNT"'Y "'T FOR 11<E USES AND PURPOSES H"nONED IN IHE INSfRUH"!.
DATED THIS_DAY OF _.2004
NOTARY PUBUG IN AND FOR Tl<E STATE Of WASHINGTON
RES[OING AT
PRiNTED NANE
C""'HISS,," EXPIRES
fEOEIW. WAY FILE NO. 04-101264-00-SU
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APPROVAlS
DEPARTMENT OF PUBLIC WORKS
EXAM[NEO AND APPROVED THI5-__0AY OF______. 2004
PuBLlc.ORKS - ÓiRWO'----'---------- ----
DEPARTMENT OF COHMUN[TY DEVELOPNENT
[KANiNEO AND 'PPROVED IHIS__._OAY OF~__-. 200'.
D[RECTOR-OF 'co';¡¡;¡UNiTY OEŸÖ:¡,PME N T
FEDERAL WAY O[TY COUNCIL
EKA"""O ,"0 'PPROYED THIS-----_-OAY OF______-. 2004
MA'Ò.-------------'-------- .----- ----
AmST
OrYCLERK--------------------------- ---
KING COUNTY DEPARTMENT OF ASSESSMENTS
EX"'[NED ^NO APPRovED IHI5.___0"" Of- --- n' 2004
,i¡;¡; eOUN,y--.:s",SO.--' ---- OEPUfI'K[NG-êö¡;, ,jTASSESSÒR
ACCOUNT NUHeER-_~__---------------
FINANCE DIVISION CERTIFICATE
[ HER"Y CERTIfY 1H" AU. PROPERTY TM" ME P"D. TH" TH'PE A9' "0 ,[UNOUENT SO""L ASSfSS"ENIS
CERTIAED TO nlls omC[ fOR COLLECTION AND TI<" ALL >PEe",- ASSESS""'" CERTlnEO TO TH'S Om"E 'OR
COlLEcnOIl mT ANY OF THE PROPERTY HEREiN CONT"IIED. OEDiCA"O >S STIIWS. '.LETS 011 FOR 41" O""R
PUBLIC USE. ÞRE '"0 IN FULL
THI5 n--___.- DAY or ---------. 'DD4
"N^"CE DIViSION
¡¡ANACER. "NANCE öMSION~--
ÕËPUTY'-------~-----
UTILITY EASEMENT PROVISIONS
AN EASEHENT lS HER"Y PESEfMO FOR AND CON""ED TO PUCET SOUND ""'GT. INC. COUCASI. OWlsr. lAK'H"'N
UTIliTY DISTRICT AND 11<EiR RE"""'IE SUCCESSORS '" ASS[GNS UNDER AND UPON THE PRNATE ST""(5). "
ANY.ANO11<EEXTERKJRIO(IOlFEETOF""1.0TS.TR4CTSANDSP",rsM11<IN11<EPv.Tl.mIGPAA/<lfLWIlHAN0
,,"DINING "'" STREET(S) IN WH[CH TO CONSTRuer. OPERArE. ""NT.N. REP"R. REPlACE me ENLARGE UN"RGROlm'
PIPES. CONDUITS. CA9LES AND WiRES "TH All NECESSMY OR CON"'NiENT UNOERGROuRO OR GROUNO-HOuNIEO
"'PURrENANCES Tl<ERETO FOR M PURPOSE Of SEIMHO THIS SU80MSlON AIIO OTl<ER PROPERTY WIIH mCTRIC.
GAS. TELEPHONE AND OTHER U'[liTY 5ER',TCE. IOG"hER WiTl< THE RIGHT TO EIiTER UPON THE SIRElS. LO[S.
TRACTS AND SPACES AT AU. TlH" FOR THE PURPCSE HEREiN STATEO.
DOWNSPOUT NOTE
ALL ,"'WINO DOWNSPOUIS. FOOTING OR"NS. AND DRJJNS FROH ALL [HPERV[OUS SURfACES SUOI " ""OS mD
DRI'iEW4YS SHAU. " CC,"£CIEO TO n[E PE""'ENT STORN DRJJN OUTLET AS 5"OWN ON "" "['PO'PcD CCNsr-
RueT,," DRAWINGS. PERHIT NO OO-IOO97>-OO-EN "LE WITH THE CiTY OF FEDERAl. WAr. TH" PC'" 511Ail H
su,"mED MTH IH' ""UCATTO" Of ANY BU[LL"" PERM'I. "'" CONNECnoNS or IHE O",NS '.'OST " CO"'RUC"O
AND "'PRO"'O PRIOR TO TH' ANAl. BUWHO INSPeer"N "'PROVAL ALL 'NDi~OO". [0' STUB-OuTS 5~',' "
PR[VATELY OWNED AND H"NT_NEO BY THE LOT HOHE OWNER
SURVEYOR'S NOTES:
1. A OElO ""VE"£ USiNC A 'UETl SEHA" AND A "SOKKIA SET 3100" TOTAL 5T4T10' "^"C("","" "'.>Ii
USHiNG 11<E ANGU,," AND OI3TANCE REv.TlO",HIP BETWEEN THE HONU"eNt' AND p"a?fRn "'.'5 "" ,,'C.'"
H(REO" 11<E "[SULTING OAT> Hms OR EXCEEDS IHE 51ANU,,"OS FeR LAND BOUNO,,"' SO""" ',";C' .V<1"
'N WASHINGTON ""HlNiSTRA'"" CODE CH"'!ER "'-130-090
2 Pv.T CORNERS "'<E ST""CO WItH ," . "PE. ,," IN LENOTl< FlU.ED _II" CONC""
WERE 51""ED W[TI< '/4' CALV^'aCO IRON FlPE W[11< Pv.STlC C"'S "'-'KED -J" ""B'
WERE ST""CO WITH )/4" OAL"'","O IRON PIPE WITH PlASTIC C"'S H'.",ED ",,[ "",.
WERE sn At RO^" IN<[RSWlONS. PC'S. prs. OR ,,'S
,. BASiS OF BEARINGS AND Sl"~11 SUBrn"S~" PER Pl/oT OF lAKOIA ,IG>LANDS o, ""'[" <o,,¡ C'.'" "'J""
"76 AND REeO"ED IN VOlU"E " or Pv.TS. P"'ES 71-72, u'OER RECO",'",O NO. ;0""",'0. ""'.eG' or
"NG COUNTY. WASHINGTON.
4. BENCh""'K A "H ON EXlS1NG SAN1TMT SEWER HAIIHOLE LOCMEO "I LANO" ",,",",05. P"'"""
PER TRI-CO",TY "'"0 SUR"" COHoANY 5/"/97. "'RnCAL O'TUH "AS
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EXHIBIT
"PAGE ,
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ì
VENTANA
A PORTION OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 12, TOWNSHIP 21 NORTH, RANGE 3 EAST, WILLAMETTE MERIDIAN
CITY OF FEDERAL WAY, KING COUNTY, WASHINGTON
?tAT NOTES AND RESTRICTIONS;
,. OU"NG ,"E COURSE or CONSTRUCTION or "" LOT ""NIN TN" SUBOMS<QN. STUB-OUT INVERT EL,v>mNS
rOR sTORM D"'NAGE SHOULO " VERlnED BT '"E IN~"DU" LOT BUILDER OR OWNER TO PRO"DE TNE NECES-
"'" SLOPE AWAY "'OM TN( PROPOSED HOUSE.
, TNE ARTIClES or INCORPORAnoN rOR TNE VENTANA NOMEOWNER'.;" ASSOCIATION ARE ON "LE WITN TNE
STATE or WASHINGTON IN OLYMPIA
J. "'" AOORESSES SHOWN AI" PREUMINARY ONLY"'" AI" SUBJECT TO CH,"GE, AS DlCWED BY TNE BUILOING
O(PARTMENT.
,. TNERE SHAU. " NO DIRECT VEH\CUW< ACCESS TO OR "'OM SW OO'TH STREET OR 26TH AVENUE SW "'OM
THOSE LO" WHICN 'BUT IT.
,. mCT 'A' " A STORM DRAINAGE TRACT AND " NEREBT DEDICATED TO TNE CITY or "DEPAL WAY roR OWNER-
SHIP AND MAINTENANCE PURPOSES.
,. TRACT 'B' " AN OPEN SPACE TRACT AND " NEREBT CONV(Y£D TO THE HOMEOWNERS' ASSOCIATION 'DCNT"'ED
IN NOTE ,. ABOVE. rOR OWNE","IP AND ""NTENANCE PURRO"S. TN( REMOVAL OR ""TURBANCE or VEGETATION
AND LANDSCAPING SHAlL " PROHI~TED WITHIN TRAeT "B'. (XC(PT AS NECES"'" fOR MHNTENANCE OR RE""CE-
MENT Of EXlSTlNO PLANTINOS AND AS APPROVED IN "'TlNG BY THE CITY Of f[1)[PAL WAY.
7. THE STORM DTWNAGE EASEMENT (SDCI NGTEO HEREON MTHIN LOT 25. " PUBLIC ,"0 " HEREBT CONV(Y£O TO
THE CITY or "DCPAL WAY 'OR THE CONSTRUCTION, ""NTE","CE AND REPHR Of STORM DTWNAGE fACIUTlES.
STRUCTURES. mi, OR OBSTRUCTIONS (INCLU~NG BUT NOT UMIT!D TO DECKS. PATIOS. OUTBuI\.OINGS. OR OVER-
HANGS) SHAU. NOT BE PER~mo B£YQI<D ,"E "'LOING SÐ1!ACK UNE 1""'-1 OR WIT1<N P\JBUC D",NAG[ EASEMEN".
ADDlTlORAl.LY, GRADING AND CONSTRUGTlON Of "NCINO SHAU. NOT " ALlOW£O MTNIN TNE PUBLIC _NAGE
EASEMEN" SHOWN ON TNIS PLAT"" UNLESS OTHERMSE APPf>OV(O BT "E CITY Of F!OEPAL WAY.
B ALl ",GHT Of WAY EASEMEN" (RW£) NOT!D HEREON AS ONHOOT MDE ARE HEREg¡ DEDICATED TO IHE CITY
Of "OEPAL WAY fOR THE INSTAlLATION ,"0 MAINTENANCE Of STREET UGHnNG.
g. AlL UTlU1Y ""EMEN" (UE) NOm> NERE"" AS IHW "DE AO( NEREBY C""""'D TO "'" ,"0 All unu",s
rOR "E INSTALLATION AND ""NTEN,"CE Of WATER. SEwER. POW£R. GAS, PNON(. '"0 CABLE TE""SION. AN
OVERlnNG EAS'MENt OVER THE HOOT ADJACENT TO THE PUBUC "GH"-Of -WAY HAS "EN DEDICAT!D TO TN<
CIlY Of "DEPAL WAY AS A RKOHT-Of-WAY EASEME"'. (SEE NOTE B, ABIM)
¡g, o^.i~E:~~¡:'~~ =f':::;;C¡"';'JR~giJ~ HEREON ARE HEREffY DED~ATED TO LAKEH"EN unuTY DISTRICT
11. ALL SANITARY SEW£R EASEMEN", (SSEI NOTED NtREON MIHIN LO" <9 AND 2() ARE HEREg¡ DE~CATED TO
l.AK'HA\'EN UTIlITY OlSTR~T fOR OWNERSHIP AND ""NTENANCE PURPOSES.
12. THE ROAD '"0 STORM OTWNAG( SYSTEMS SHAU. " CONSTRUCTED ACCORDING TO IN( APPROVED PLAN '"0
PRO"LE. PERMIT NO. 00-100913-00-'N ON fiLE WITH THE CITY Of "OERAl WAY. '"Y O<VIAnoN fRO" TN(
APPROVED PLANS "u. REQUIRE W"m:N APPROVAl fR,," "E CITY Of "OEPAL WAY PUBlIC WORKS DEPARTME'"
D. THE STRW TREES, PLANTED AS A CON~TION Of PLAT APPRQv,," SNALl BE PLANTED ACCORDING TO THE
APPROVED ENGINEERING PLANS, PERMIT NO. OD-loom-DO-EN ON RLE "TH THE CITY Of fEDERAL WAY.
AlL STREET TREES SHAU. BE MHNTHNEO BT TH( CITY Of fEocPAL WAY.
U. TN( BUILOING SETBACK UNES ON CORNER LOTS HAVE BEEN SNOWN W<lM A TY"'AL fRONT YARO SETBACK,
~~~'cÓri:(tE~T~ MA~AYBi'ò'. ~?&~.'~~&, '¡-;,\ ~¡f~~':~ '~~o:.\:~TYu~!'s(l~~':rc~:~ó[;RTY
\s. ,Pl.ATCERT1f1CATEPREPAREDBYCHICAGDTmLINSUR»!C1:C,,"PANY.THtIROROERNO.1110019ANDDATEDMAY
TO. '00'. AND AlL SUPP"MENTALS THEREOf. W£RE RWED UPON rOR RECORD ITEMS Af"CTING T~S SUBOMSIDN.
ACCORDING TO TNESE DOCUMENTS, THE fOLLOWING ITEMS AffECT "15 ~T!,
A '" UNOERCI\OUNO uTlurr EASEME'" ,"0 TH' TERMS '"0 CON~T~S THEREOf fOR ELECTRIC T11ANSM"S~N
AND/OR OlST"BUTlON SYSTEM AS RECORDED UNOER RECORDING NO. BOOS"D"'1. TH1S EASEMENT HAS .EEN
GRAPNICAL" DEPICTED ON SHW " "THIN LOT 2B.
B. '" ACR,,"ENT AND I\1E TERMS AND CONOITTONS THEREOf fOR COWSTRUCTIOO Of SMR AND WATtR SYSTEMS
AS RECOROED UNDER ",G""DING NO. '00009190012". IH" DOCUMENT HAS BEEN AMENDED UNDER RECORDING
NOS. 20010925002152 "'O 2002081200""'.
C. NOTICE Of AOO<T1ONAL TAP "" GONNECTION CHARGES fiLED BT WATtR DISTRICT NO. '" AS RECOflDED UNOCR
RECOR~NG NO. 6106010916.
D. UCEN5I' TO ENTER PROPERTY, ,"0 TH£ TERMS ,"0 CONOITTON$ I\1(REOf, TO INSPECT M CONSTRUcnON OF
IMPROVEMENTS AS RECORDED UNDER ",CORDING NO. 'OOJO1I0000"'. "15 UCENS( "u. SÐ.HXT1NGUISH
"HEN THE BONOS ARE RELEASED.
". ACCORDING TO SE,^ C""OITIONS Of APPROVAL. " OOVGLAS fIR OR GRANt> f1R TREES, A MINI"UM or SlK
"ET IN N"GHT AT THE nME OF PLANnNG. SHAlL BE INSTAlLED PRIOR TQ fiNAl PLAT APPROVAL THESE TREES
"u. " LOCATED"" LO", I, ,. g. ". T8 ,"0 19. '"0 TRACT 'G' IN ACC""DANCE WITH TNE APPROVED TREE
RERLACEMENT PLAN ON fiLE WITH TH( CITY Of" fEDERAL WAY. SHEET" Of " Of THE ENGINEERING DESIGN
PLAN SET.
'SERA' REPLACEMENT TREES ARE REQUIRED TO MITIGATE (NV1RONMENTAl IMPAC" ,"0 TO PI'O"O( PERCHING
OPPORTUNITIES fOR ARFA BALD ""'EES. "E SERA TREES, WHICH ARE TO REMAIN IN PERPETUITY, SHALL BE
"""'HNED BY "" HOMEOWNERS' ASSOClAllOII. MATURE SERA REPLACEME'" TREES WHICH M""URE A MINIMUM
Of 15 TO 2D "ET IN HEKOHI, SHAU. BE APPROVED TO " LIMBED UP BY TH( HOMEOWNERS' ASSOCIATION. AS
LONG AS 00 PERI:E'" CROWN IS REI.NED. If THi SEPA lREES ARE DAMAGED OR D£STROY£D IN "" MANNER.
THE HOMEDWNERS' ASSOCIATION SHALl REP1.<CE SAID SERA 1REE WITH A MINIMUM SIX-fOOl IALl TYPE OOVGLAS
fiR "" GRANO fOR TREE.
'" OVERlYING EASEMENT IS HEREBY GRANTED TO "E HOMEOWNERS' ASSOCIATION mENmED IN NOTE ,. ASO"".
OVER IHOSE PORTIONS Of THE LO" NOTED IN PARAGRAPH ONE Of THIS NOTE WHICN ARE IDENnnED "" TN(
~;" ~:,o~O~;Eg :cg¡s;l~ ~E~~~\^'J~ r';',E~~~~~Ii:c~ g;<~N~u~r-IR~~r"~:r~;s
11. REPLACEMENT mEES FOR SICN"",,"T TREES RE""VEO DURING C""STRUCT~ SNAlL B( OEP~T!O ON THE
B",WNG PERMIT SIT! PLAN fOR LOTS TT, 11, 19. 20. 21. 22. 2J. ". ,"0 25 AI THE 11ME Of BUILDING "'R-
M" APPlICATION REPLACEMENT TREES SHAU. BE El'SED ON TH( APPROVED TR£t REP1.<CE"ENI PLAN RECQRDED
UNDER RECORDING NUMBER . OR SHAU. BE WED ON THE APPROVED REPLACEMENT
TREE UST. REOUIRED REPUoCEMENT TREES SHALl " INSTAllED "" EACH AffECTED LOT PRIOR TO nNAL INSPEC-
TION ,"0 SNAlL " THE RESPONSIBIUTY or THE INOMOUAL NOME OWNER fOR MHNT!NANCE AND RE?l.ACEMENT.
18. STORM WATERS "u. B( DISCHARGED orr-~T! """" lRAe' 'A" V1A '" ON-S"E EASEMENT WITHIN LOT 25.
AND Off-SITE V1A ""EME,,"S RECORDING NUM"RS '0000'21000.16', 200JO.121000"', '00201 TTOO"" ,"0
'OOJO81""'18" TO PUBlIC ROADWAYS. AN() EVENTUALlY TO OUT-fALl IN ""'ETSOUNO.
19. f1I.LSlOP<SÐlISTATI\1(REAAorLO", I "ROUGH8.T2THROUGH ".,"0 2()THROUGH 28. ACC"",,NG
TQ A LEm:R fROM ASSOCIA¡[) EAR" SClENC£S, INC.. DATED MAY". '00'. TH£RE ARE NO BO,",NO RESTR~-
nONS fOR THES( SlOPES OTHER TNAN TH( NORMAl PROPERTY UNE S£IIIACK UMI", PRESC",BED BT THE CITY
0' F!OERAl wAY. TH( SlOPES "u. BE SUBJECT TO EROSIOII If TH£Y ARE ~STURBED '"0 "'" C""STRUCTION
ON "E SlOPES SHOULO INCORPORAT! '" EROSION ,"0 SEOIMENT CONTROL PLAN TO PREVENT TRANSPORT or
SOL OfF TN( SlOPES. A "GETATlV( C()V[R SHOOLO BE ""'NTHNEO O""R ALl PORnONS Of TN( SLOPES ON
WHICH ""LOP"ENT DOES NOT OCCUR. PRmR""E LANDSCAPINO WOULO CONSIST DE D£tPER-RQDT!O, NAnVE
""ClES THAT 00 NOT REQUIRE S1GN1F1C.ANT IRRIGATION TO BE SU'$TAlNEO. SITE-GENERATED STOR" WATER SHO\JLO
NOT BE AllOW£O TO OISCHARG( ONIO "E FILL SlOPES. STOITM WATER COlL(Cm> FRON All IM"""US SUR-
fACES "" THE LO", SHOULO BE OIRECT!O TO TNE PR""EGT STORM WAT!R COLlECnON SYSTEM. LANDSCAPING
fV,ruRES THAT REOUIRE OTWNAG[ (IL ROC!<ERlES. RfTAiNING WAlLS, £IC.) SHO\JLO nGHTUNE All STORM WATER
COUfGT1ON PIPES TO THE BOTTOM Of THE SlOPES fOR ""CHARGE. REC,,"MENDEO READING 5 TH( DOCu"ENT
'slOP( STASlulATlON ,"0 EROSION OONTROt. ""NO VEGETAnON', PUBlICATION "-'0 DAm> MAY 199'. g¡ THE
WASHINGTON STATE OCPART1oIENt Of ECOLOGY,
'0. TITAC", 'C", '" ,"0 " ARE LANDSCAPE TITAC", AND AR£ HEREBT CQtMY(D TO TNE HOMEOWNERS'
ASSOCIATION TOENTlflED IN NOT! ,. A8O'Æ fOR OWNERSH~ AND ""NIENAIIC' PURPOSES.
fEO(RAL WAY fiLE NO. 0'-10126'-00-SU
PlAT DEDICATION FOR NON-EXCLUSIVE EASEMENT
"'EAS[MENI1SHER[BYOR"OCAl3LYREs(RVEDfQR""GRANTE'ro""«~A""I<UOU""",(I."S""R'.5",",ssoes
ANDAS5IG"',IQRSOLO"GAS"S"AllOWllANDWJNI.N"'E,",un"R"""CT" ""'I< c>m¡o "",PON '"EA%'
~...::-,/.:': ;;:' ":.<'",.. ,'. ~":'. :..". '..: ::'.,: ,.gR';~~:r~~~~'š'r~r~~'rj;¡;~I\:g,;:SlZi5
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21 BUILOING ON SLOPING LOTS H. 12-1' AND 20-28 SrlOUlO 'DuO' IHE ""U'C"ES or n'E",""OO"'"
BUIWNG CODE 1100') SlCTION "OS.J' AS PER flGURt "O"., fOR CONSTRUCTION ON '" ""AC"" TO J"'-
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EXHI~T 'B
'PAGE OF ~
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING THE VENT ANA
FINAL PLAT, FEDERAL WAY, WASHINGTON, FILE NO. 04-
101264-00-SU
WHEREAS, the Ventana preliminary plat, City of Federal Way File No, 97-103866 OO-SOI, was
approved subject to conditions on April 6, 1999, by Federal Way Resolution No. 99-292; and
WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution No. 99-292 and in
the February 22, 1999, Recommendation of the Federal Way Hearing Examiner with the exception of
condition #9 which was modified by the Federal Way City Council in conjunction with Preliminary Plat
approval; and
WHEREAS, the applicant submitted the application for Ventana final plat within the required time of
receiving approval for the above-referenced preliminary plat; and
WHEREAS, the City of Federal Way's Department of Community Development Services and Public
Works Department staff have reviewed the proposed final plat for its conformance to the conditions of
preliminary plat approval and the Federal Way Hearing Examiner and the Federal Way City Council, and
their analysis and conclusions are set forth in the October 12, 2004, Staff Report; and
WHEREAS, the City Council Land Use/Transportation Committee considered the application for the
Ventana final plat at its October 18, 2004, meeting and recommended approval by the full City Council;
and
WHEREAS, the City Council reviewed and considered the Staff Report and the application for
Ventana final plat during the Council's November 2,2004, meeting;
Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS
FOLLOWS:
Res. #
. Page I
EXHIBIT ~
PAGE I ~
I Also filed under SUB97-0005 based on previous computer system numbering.
Section I. Findings and Conclusions.
1.
The Ventana final plat, City of Federal Way File No. 04-101264-00-SU, is in substantial
conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other
land use controls in eff~ct at..the time the preliminary plat application was deemed complete.
2.
Based on inter alia, the analysis and conclusions in the Staff Report which are adopted herein
by reference and on the City Council's review of the application for final plat, the proposed subdivision
makes appropriate provision for public health, safety, and general welfare, and for such open spaces,
drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary
wastes, parks and recI:'~ation, play grounds, and schools and school grounds as are required by City Code,
or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe
walking conditions for students who only walk to and from school.
3.
The public use and interest will be served by the final plat approval granted herein,
4,
All conditions listed in the Federal Way Resolution No. 99-292 and the conditions listed in the
February 22, 1999, Recommendation of the City of Federal Way Hearing Examiner, with the exception of
Condition #9 which was modified by the Federal Way City Council in conjunction with preliminary plat
approval, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by
the applicant as allowed by Federal Way City Code Section 20-135.
5,
All required improvements have been made and/or sufficient bond, cash deposit, or assig~~ent
of funds have been accepted as guaranty for completion and maintenance of all required plat
improvements, as identified in the October 12, 2004, Final Plat Staff Report.
6.
All taxes and assessments owing on the property being subdivided have been paid or will be
paid, prior to recording the final plat.
Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section I
above, the Ventana final plat, City of Federal Way File No. 04-101264-00-SU, is approved subject to
satisfaction of compliance with plat conditions and conditions required by the Public Works Director as
Res. #
, Page 2
EXHIBJT c,?
PAGE 2. OF
identified in the Staff Report and as required by applicable codes and policies.
Section 3. Recording, The approved and signed final plat, together with all legal instruments
pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the
King County Department of Records. The applicant shall pay all recording fees.
Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this
resolution,
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the
resolution is hereby ratified and affirmed.
Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal
Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY .OF FEDERAL WAY, WASHINGTON, this
day of
,2004.
City of Federal Way
Mayor, Dean McColgan
Attest:
City Clerk, N. Christine Green, CMC
Approved as to Form:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERIC
PASSED BY THE CITY COUNCIL:
EXH II~J.T - C
PAGE--LOF -2--
RESOLUTION No:
Res. #
. Page 3
~
CITY OF ~
Federal Way
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
STAFF REPORT
REQUEST FOR FINAL PLAT ApPROVAL
VENT ANA FINAL PLAT - MODIFIED
File No. 04-101264-00-SU
I.
RECOMMENDA TION
City of Federal Way staff has reviewed the final plat of Vent ana for compliance with preliminary plat
conditions and all applicable codes and policies, and recommends approval ofthe final plat application.
II.
INTRODUCTION
Date:
October 12,2004
Req uest:
Request for final plat approval for Ventana Subdivision
Description: Ventana is a proposed subdivision of28 single-family lots on approximately 9.9 acres.
The 28-lot Ventana Preliminary Plat was granted approval by the Federal Way City
Council on April 6, 1999, per City Council Resolution 99-292.
Access to the Ventana subdivision is from 24th Avenue SW connecting to SW 304th Street
on the north and to SW 306th Place on the south. All required roads, sidewalks, storm
drainage facilities, sewer lines, water lines, and related improvements have been
constructed or are financially guaranteed,
Owner:.
Gordon Radovich, Canal Development, LLC, 360-649-3320
6052 Chico WayNW
Bremerton, W A 98312
Surveyor:
Barghausen Consulting Engineers, Inc., 425-251-6222
18215 nnd Avenue South
Kent, WA 98032
Location:
At the SW quadrant of the intersection ofSW 304th Street at 24th Avenue SW. In the NW lj.¡
of the NE lj.¡ of Section 12, Township 21 North, Range 3 East, W.M, King County (Exhibit
]- Vicinity Map).
~
Ventana Final Plat Staff Report
Request for Final Plat Approval
Page I
Sewage
Disposal:
Lakehaven Utility District
Water
Supply:
Lakehaven Utility District
Fire District: King County District No. 39
School
District:
Federal Way Public Schools, No. 210
Report
Prepared By: Deb Barker, Associate Planner
III.
HISTORY AND BACKGROUND
The Ventana subdivision is 28 single-family lots on approximately 9,9 acres, with approximately 7,383
square feet of constrained open space (Exhibit 2 - Final Plat Map). A proposed resolution of the City of
Federal Way, Washington, to approve the final plat of Vent ana is enclosed (Exhibit 3 - Ventana Final Plat
Resolution). The 28-lot Ventana Preliminary Plat was granted approval by the Federal Way City Council
on April 6, 1999, per City Council Resolution 99-292 (Exhibit 4 - Preliminary Plat Map and Exhibit 5 -
Resolution 99-292).
Zoning for the 9.9-acre site is Single-Family Residential (RS) 9.6. The Ventana plat is a standard
subdivision under the codes, and the minimum permitted lot size is 9,600 square feet. Lot sizes on the
Ventana Final Plat range from 9,609 to 14,882 square feet, with an average lot size of approximately
10,500 square feet.
The applicant applied for Engineering Approval on March 13,2000. During engineering review, the
applicant applied for modifications to the approved preliminary plat. In an August 9,2002 decision, the
City approved the relocation of the stormwater detention tract from the west side of 251h Avenue SW to
the east side of 251h Avenue SW and conditionally permitted clearing a majority of the site in conjunction
with plat construction. In a March II, 2003 letter, the City conditionally approved the reduction of the
open space tract.
Engineering approval was granted on May 29,2003, and site work commenced shortly thereafter.
Clearing and grading activities ran through the summer and fall of 2003, with on- and off-site
infrastructure construction extending into the spring of2004.
Preliminary plat approval was scheduled to expire on April 6, 2004, five years from the date of
preliminary plat approved pursuant to FWCC Section 20-131(a). The applicant applied for extension to
the preliminary plat on February 17,2004, noting that the plat was substantially complete. The Federal
Way Hearing Examiner administratively granted an extension to the preliminary plat application as
provided for in FWCC Section 20-13I(c).
The applicant filed an application for final plat approval on April 6, 2004. The final plat application was
determined to be complete on September 8, 2004, following resolution of outstanding issues including
completion of the site work.
EXHIBIT ~
PAGE ~ OF.,
Ventana Final Plat Staff Report
Request for Final Plat Approval
04-10 I 264-00-SU / Doc.1.D. 29178
Page 2
Improvements installed under file number 00-1 00973-00-EN are now substantially complete. Pursuant to
RCW 58.17.110 and Section 20-136 ofthe Federal Way City Code (FWCC), the City Council is charged
with determining whether: 1) the proposed final plat conforms to all terms of the preliminary plat
approval; 2) if the subdivision meets the requirements of all applicable state laws and local ordinances
that were in effect at the time of preliminary plat approval; 3) if all tãxes and assessments owing on the
property have been paid; and, 4) if all required improvements have been made or sufficient security has
been accepted by the City.
City of Federal Way staff has reviewed the Ventana Final Plat for compliance with preliminary plat
conditions and all applicable codes and policies. Generally, all applicable codes, policies, and plat
conditions have been met, or are financially secured as allowed by FWCC Section 20-135. A draft
proposed resolution of the City of Federal Way, to approve the final plat of Vent ana is enclosed (Exhibit
3).
IV.
COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS
The following lists conditions of preliminary plat approval in the same order referenced in Federal Way
City Council Resolution 99-292, followed by staff comments as to the status of the conditions. Required
improvements have been substantially completed or are financially secured as allowed by FWCC Section
20-135.
1.
Because the plat proposes to redirect surface water runoff from the northeast basin into the western
basin (the net result of which is an increase in the real size of the plat's westernmost drainage basin,
as required by the Public Works Director), and prior to constructing the plat improvements, the
conveyance system downstream of this basin shall be analyzed in sufficient detail to insure that the
increased volume of water discharged from this basin can be accommodated. A level three
downstream analysis shall be performed from the plat to Puget Sound for engineering plan review.
Additional hydrologic/hydraulic analysis shall be required if the level three analysis is not sufficient
to determine all drainage problems,
The applicant shall be required to construct all improvements necessary to mitigate all identified
conveyance problems, whether existing or resulting from the plat's development, as identified during
engineering plan review, as required by the Public Works Director. Engineering approval shall not
be granted if it is determined that proposed mitigation is not adequate to address the impacts of the
project. .
Staff Comment: This condition has been met. The applicant submitted a level three downstream
analysis prepared May 26, 1999, by Barghausen Consulting Engineers, in conjunction with the
Engineering application.! Revisions to the TIR were received through May of2003. The analysis
identified all drainage parameters resulting from the on-site system and the downstream system. The
applicant constructed a downstream system that collected and detained storm drainage flows on the
site and released them through a public system to Puget Sound as depicted on page 17 of39 of the
approved Engineering Plans. These downstream improvements have been inspected and approved by
the City. Rip-rap was installed 200 feet from Puget Sound north ofSW300th Street in order to
maintain the outfall channel.
I In a January 2000 letter, the applicant proposed to voluntarily convert from the 1990 KCSWDM to the 1998 KCSWDM for
storm water improvements. The Public Works Department conditionally approved of this in an April 14,2000 memorandum.
E XHLBrr 1)
04-I~~tnðF .!L
Ventana Final Plat Staff Report
Request for Final Plat Approval
2.
.
All plat drainage elements shall be required to conform to the standards, policies, and practices of
the City of Federal Way's Surface Water Management Division as outlined in the adopted 1990
King County Surface Water Design Manual, the City of Federal Way Comprehensive Surface Water
Management Plan - Phase I, the Comprehensive Surface Water Management Plan, and the
Storm water System Operation and Maintenance Manual, and as modified by the Public Works
Director.
Staff Comment: This condition has been met. A stormwater quality pond was constructed per the
1998 King County Surface Water Design Manual (KCSWDM) and City of Federal Way addendum
requirements, The applicant constructed an adequate downstream conveyance system down to Puget
Sound and reconstructed existing portions ofthe conveyance system needed to accomplish the
increase in runoffto Puget Sound.
3.
Retention/detention facilities used to control runoff from the site to off-site drainage courses shall be
located in a detention tract dedicated to the City at the time of final plat approval, unless located
within improved public rights-of-way. Vegetative screening of the facilities shall be provided,
Staff Comment: This condition has been met. Tract A, as depicted on Sheet 4 of 4 of the final plat,
is the storm drainage tract for the subdivision. According to sheet 3 of 4, Tract A is to be conveyed
to the City of Federal Way for ownership and maintenance purposes. Downstream conveyance
systems have been deeded to the City via statutory warranty deed for ownership and maintenance.
Vegetative screening has been planted around the storm drainage facility consistent with the
approved engineering plans. This screening landscaping is located in Tracts C, D, and E. Note 20 on
sheet 3 of 4 states that these tracts are to be maintained by the Homeowners Association.
4.
The final plat drawing shall establish the open space in an open space tract to be owned in common
and maintained by property owners of the proposed subdivision, and prohibiting removal or
disturbance of landscaping within the tract, except as necessary for maintenance or replacement of
existing plantings and as approved by the City. Additional vegetation may be located in open
-space(s) and Native Growth Protection Easement (NGPE) tracts to meet the MDNS conditions as
approved by the City.
Staff Comment: This condition has been met. Note #6 on page 3 of 4 of the final plat drawing
(Exhibit 2), which establishes Tract B as an open space tract owned and maintained by the Ventana
Homeowners Association, implements this condition of preliminary plat approval. The approved
preliminary plat depicted a constrained open space tract 11,516 feet in size. The balance of the open
space obligation was to be satisfied by a fee-in-lieu-of payment.
In a January 8, 2003 letter, the applicant requested that the open space tract be reduced to 7,783
square feet in size due to adjacent lot grading constraints. This request was conditionally approved
on March 11,2003, as follows (Exhibit 6 - Open Space Modification Approval):
To mitigate the impact to significant trees and the environment, ten replacement trees shall be
required to be planted in the open space tract and on lots 20 through 23, pursuant to FWCC
Section 22-1568. These replacement trees shall be installed prior to final plat approval.
Engineering plans depicted Tract B as an open space tract. No clearing or grading activities were
proposed within this tract and vegetation was not to be removed except as approved by the City
according to notes on engineering plan pages. Seven fir trees will be planted in the open space tract
association with SEPA mitigation. Open space replacement trees are proposed for adjacent lots 20
EXHIBIT Þ
~-1-
Page 4
Ventana Final Plat Staff Report
Request for Final Plat Approval
5.
through 24 as depicted on sheet 3S of the approved engineering plans (Exhibit 7 - Overall Landscape
Planting Plan),
Prior to issuance of construction permits, a landscape plan, prepared by a licensed landscape
architect, shall be submitted to the City for approval, and shall include the following elements:
a)
Open space landscaping;
b)
Street trees in planter strips inside plat boundaries;
c)
Tree conservation and significant tree replacement; and,
d)
Visual screening of all property boundaries of the detention tract from adjacent properties and
the right-of-way with landscaping and/or fencing. Cyclone fencing, if used, shall be painted
black or green, and shall be surrounded by vegetation.
Staff Comment: This condition has been met. Although the preliminary plat established
development parameters for the subdivision, the applicant has requested several modifications to the
approved plat layout, to clearing and grading activities, to open space configuration and tree removal
in conjunction with engineering review, The "final" landscape plan was reviewed and approved in
conjunction with engineering approval, and has been implemented in accordance with the approved
plan or bonded as provided for in FWCC (Exhibit 7 - Overall Landscape Planting Plan).
a)
Existing grades and trees are to remain in the open space tract according to page 3S ofthe
approved engineering plans. In addition to the retained significant trees, seven "SEP A" trees
are to be planted as a condition of SEP A compliance.
b)
Thundercloud Flowering Plum street trees were proposed to be installed in the plat right-of-
way. The Public Works department approved a modification to the Crabapple street tree. These
have been installed and approved by the Public Works Department.
c)
Tree conservation and significant tree replacement was conceptually approved with the
preliminary plat. Partial site grading was approved due to topographic constraints. In a June 27,
2002 letter, the applicant requested clearing the majority of the site except for the open space
tract to allow for an on-site balance of the proposed earthwork with the current layout. The
City, in an August 9, 2002 response, noted that the request results in additional impacts to
significant trees and the environment, thereby impacting the neighborhood (Exhibit 8 - Site
Modifications). However, as conditioned below, the request was deemed to be a minor change
to the preliminary plat.
To mitigate the impacts to significant trees and the environment, replacement trees
shall be required for parcels 11, 17, 19, 20, 21, 22, 23, 24, and 25 as depicted on the
reduced scale Overall Grading and Storm Water Drainage Plan (page 4 of 38
received by the City on June 27, 2002) pursuant to the requirements of FWCC Section
22-1568. Replacement tree information shall be required with the construction
permits for new singlejamily dwelling units on the nine referenced parcels.
The replacement tree requirements are identified on the approved landscape plan. Species
approved for replacement trees have been identified by H. Bruce McCrory, Registered
Landscape Architect. Note 17 on sheet 3 of 4 of the final plat also identify the replacement tree
requiccmcnt ~.~~I~IT _pð-
Ventana Final Plat Staff Report ~
Request for Final Plat Approval
Page 5
d)
The north, south, and east portions of the detention pond are screened from the right-of-way
and adjacent properties with vegetation. A fence along the east side of the pond screens the
adjacent residential properties from the pond. Cyclone fencing was not required around the
storm drainage facility since pond slopes were 3: 1 as provided for in the KCSWDM.
6.
Retaining walls and rockery design shall be harmonious with existing adjoining residential uses, and
shall promote residential design themes through such means as terracing, orientation, natural
material selection, use of vegetation, and textural treatment.
Staff Comment: This condition has been met. The preliminary plat depicted extensive use of
retaining walls along the east and west property lines. The applicant elected to regrade the site to
eliminate use of retaining walls? There is one rockery located on the north side of lot one,
approximately four feet in height. This low scale rockery is consistent with residential rockery
construction.
7.
The applicant must develop written procedures to inform personnel working on the -site be alerted to
the possibility that archaeological remains could be exposed during construction, that tWiäeñêe of the
remains can include concentrations of organic material, shell, fire modified rock, burned or oxidized
sediments, bone or lithic, and that should remains be exposed, personnel must follow specific
procedures to notify the Washington State Department of Archaeology and Historic Preservation, the
City of Federal Way, and an archaeologist. The written procedures shall be reviewed and approved
by the City prior to beginning construction,
Staff Comment: This condition has been met. A "Discovery Plan" prepared by Northwest
Archaeology Services denoting discovery procedures for human remains and cultural resources was
included on the approved engineering plans prior to engineering plan approval. No evidence of
archaeological remains was presented to the City as provided in the plan.
8.
To provide a safe route of travel for school children, the applicant shall install a pedestrian corridor
from the subject site, west along the southern side of SW 304th Street to Adelaide Elementary
School, subject to review and approval by the Public Works Director.
Staff Comment: This condition has been met. The at-grade pedestrian route oftravel on the south
side of SW 304th Street from the subject site to Adelaide Elementary was designed by the applicant
with input from affected neighbors, approved by the City and constructed by the applicant.
9.
According to the Plat of View Cliff No. 2, the temporary turn-around located at the southern portion
of View Cliff No. 2 is to become void on the extension of 25th Avenue SW. Because 25th Avenue SW
is not being extended to through traffic, the cul-de-sac does not become void. Further, as a part of its
road plans for the plat, the applicant shall provide for a cul-de-sac at the north end of 25th Avenue
SW, with provisions for a pedestrian connection to the plat of View Cliff No. 2, and with provisions
for emergency vehicle access to the cul-de-sac at the south end of2Slh Avenue SW with the plat of
ViewCliffNo. 2,
Staff Comment: This condition has been met. The cul-de-sac constructed at the northern end of 25th
Avenue SW provides for pedestrian and emergency vehicle access while precluding vehicular access
into ViewCliffNo. 2.
, A-hod i, , ",t" """iye' Jll", 2004 from, "dghbm reg.roi"g tho dimi""i"" "f ","i"i", w,lI, ~::I B ,T ~
Ventana Final Plat Staff Report
Request for Final Plat Approval
04-101 264-00-SU I Doc.I.D 29178
Page 6
v.
COMPLIANCE WITH SEP A MITIGATION MEASURES
The following lists SEP A mitigation measures contained in the Mitigated Determination of
Nonsignificance (MONS) issued on October 16, 1998, for the proposal. The required tree installation is
financially secured as allowed by FWCC Section 20-135.
1.
One or two Douglas Fir or Grand Fir trees, a minimum of six feet in height at the time of
planting, shall be installed in each building lot before final building inspection shall occur; or
In lieu of planting the trees within individual lots, the same number and type of trees shall be
installed within an area, such as an open space or detention tract. The trees shall be a
minimum of six feet in height at the time of planting, and shall be installed before the final plat
is approved.
2.
Staff Response: This condition has been met. The SEP A condition of approval mitigated the
removal of 21 0 significant trees3 from the subject site and required that evergreen trees be planted to
provide future perching opportunities for Bald Eagles that nest in nearby Poverty Bay Park.4 The
approved landscape plan submitted with the engineering plans depicted 56 Douglas Fir trees planted
in building lots, the open space tract, and in the storm drainage tract, planted on twenty-foot centers
with fifty-foot separation between tree groups in conformance with the SEP A conditions of
approval. The applicant has provided an assignment of funds to guarantee that the SEP A trees will
be planted in approved locations depicted on the Engineering plan in conjunction with residential
development.
VI.
DECISIONAL CRITERIA
Pursuant to FWCC Section 20-136, ifthe City Council finds that the following criteria have been met, the
City Council may approve the final plat for recording.
1.
The final plat is in substantial conformance to the preliminary plat.
Staff Response: This criterion has been met, as the conditions of preliminary plat have been
met or are financially guaranteed. The applicant's request to modify the plat from the flagpole
driveways to a cul-de-sac was administratively approved by the Public Works Department in
September 1999. The applicant, in a June 27, 2002 letter, requested to relocate the
detention/water quality storm drainage pond from the west side of 25th Avenue SW (as
approved in the preliminary plat) to the east side of the street in order to create a more natural
setting due to the elimination of large concrete retaining walls, and enhanced views. The City
approved the new location as a minor change to the preliminary plat in an August 9,2002 letter
(Exhibit 8). As previously noted, the applicant opted to regrade the site to avoid extensive use
of retaining walls, which conformed to lot alignment in the preliminary plat. The City approved
conditional mass grading of the site, which eliminated the majority of the significant trees from
the site. However, the removal of the significant trees is mitigated with installation of 37
replacement trees planted on ten individual lots in conjunction with home construction. Based
on the minor modifications and associated conditions of approval for those modifications to the
preliminary plat, the final plat is determined to be in substantial conformance to the preliminary
plat.
3 A significant tree.is defined as 12 inches in diameter or larger, in good health and not detrimental to the community or Þ
obscuring site distance requirements. Significant trees shall not include red alder, cottonwood, poplar or big leaf maple.
4 The Eagles are known to perch in trees on the subject site. EXH I B IT .
PAGE :r ~
Ventana Final Plat Staff Report
Request for Final Plat Approval
04-101 264-00-SU / Doc. I.D. 29178
Page 7
2.
The final plat is in conformity with applicable zoning ordinances, or other land use controls.
Staff Response: This criterion has been met and/or is financially guaranteed. Pursuant to
FWCC Section 20-155, the plat provides 1.72 percent of on-site open space located in Tract B.
The applicant has made a fee-in-lieu-of open space payment to the City in the amount of
$71,000.00, thereby satisfying the balance of the open space obligation. On- and off-site
infrastructure improvements are substantially complete. As provided in FWCC Section 20-135,
performance and maintenance bonds are in place for completion of any outstanding
improvements.
3.
That all conditions of the Hearing Examiner and/or City Council have been satisfied.
Staff Response: This criterion has been met as noted in the staff comments above. All plat
conditions have been met and/or are financially guaranteed to be completed within six months
of final plat approval. All life safety improvements have been completed.
4,
That the public use and interest shall be served by the establishment of the subdivision and
dedication by determining if appropriate provisions are made for, but not limited to, the public
health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other
public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and school grounds, and shall consider all other relevant facts, including
sidewalks and other planning features that assure safe walking conditions for students who only
walk to and from school.
Staff Response: This criterion has been met. The final plat is consistent with applicable zoning
and subdivision regulations and ensures the public health, safety, and welfare is protected.
Two neighborhoods surrounding the subdivision construction and adjacent to the downstream
construction were adversely impacted by construction activities as a result of this project. As
there is no formal notification process required when engineering plans for subdivision are
submitted or ultimately approved, those residents adjacent to the Ventana subdivision who
actively followed the preliminary plat process were caught unaware of the timing of clearing,
grading, and filling construction work. The fact that four years passed between preliminary plat
approval and the beginning of construction led many to assume that the project would not
proceed. The applicant, at the urging of staff, provided a notice to the immediate neighborhood
prior to beginning clearing activities, and the City added a Ventana Construction Update to the
City's Website to keep neighbors informed on known construction timeframes, However, the
City received numerous calls from residents adjacent to the project, from homeowners who
were living with the noise and vibration of construction equipment, who encountered wildlife
leaving the site, or who were impacted by the dust and dirt, Many expressed concern about the
lack of pubic notice. The City forwarded requests from impacted property owners to the
Developer for resolution.
Staff fielded a number of calls regarding the potential for this site being impacted by the former
Tacoma Smelter plant based on a pilot scale investigation of soils. Washington State
Department of Ecology (WSDOE) had jurisdiction over this matter. Knowing that the WSDOE
did not comment on the 1998 MDNS, the City did not require the Ventana developer to provide
any additional information or conduct additional environmental review, although the City
reserved the right to review the situation and identify any appropriate mitigation measures ~
should unmitigated adverse impacts be identified by WSDOE. ~~IB( O~~
Ventana Final Plat Staff Report
Request for Final Plat Approval
04-10 1264-00-S0 / Doc.1.D. 29178
Page 8
The plat infrastructure has been installed and/or adequately financially guaranteed as discussed
above, including: safe walking routes to school; open space fee-in-lieu-of payment to the City;
drainage system installation; water system installation; sewer system installation; and street
improvements.
5.
That all required improvements have been made, and maintenance bonds or other security for
such improvements have been submitted and accepted,
Staff Response: This criterion has been met. All road and storm drainage improvements for
V entana have been constructed and/or are financially guaranteed. The street improvements are
complete. In addition, all water lines and sewer lines have been installed and deemed
substantially complete as identified in the April 9, 2004, letter of substantial completion from the
Lakehaven Utility District.
6.
That all taxes and assessments owing on the property being subdivided have been paid.
Staff Response: Prior to being recorded, the plat is reviewed by the King County Department
of Assessments to ensure that all taxes and assessments have been paid.
VII. CONCLUSION
Based on site visits, review of the final plat maps, construction drawings, and the project file, staff has
determined that the application for final plat approval for Ventana meets all platting requirements of
RCW 58.17.110 and FWCC Section 20-136. Plat infrastructure improvements have been substantially
completed and/or financial guarantees have been provided to assure completion of plat conditions within
six months of final plat approval, as allowed by FWCC Section 20-135, The project has been developed
in conformance with Resolution 99-292, A recommendation of final plat approval is therefore being
forwarded to the City Council for your approval.
VIII. EXHIBITS
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Vicinity Map for Ventana
Ilxl7 Reduced Copy of Vent ana Final Plat Map
Final Plat Resolution of the City of Federal Way, Washington, Approving the Ventana Final
Plat
8~ x II Reduced Copy of Approved Ventana Preliminary Plat
Resolution 99-292 - April 6, 1999, City of Federal Way Preliminary Plat Approval of
Ventana
Open Space Modification Letter, March 11,2003
Overall Landscape Planting Plan, Page 35 of39, Ventana Engineering Plans
Site Modifications Letter, August 9, 2002
Letter from Patrick Redmond, undated
EXH I B IT --J;-
PAGE~OF -+---
04-101 264-00-S U / Doc 1.0. 29178
Page 9
Ventana Final Plat Staff Report
Request for Final Plat Approval
. .. ~ Pierce County . .
Office of the Pierce County Hearing Examiner
902 South 10th Street
Tacoma. Washington 98405
(208) 272.2206
STEPHEN K. CAUSSEAUX, JR.
Pierce CoUl~ty Hearing Examiner
, TELECOPIER COVER SHEET
'~.~ð..-
VIA TB:LECOPIER
No. :
u Co \ - LlO15.
~^O--/\Å.f~~
TO:
RE: ~q ~ O~
FROM:
STEPHEN K. CAUSSEAUX. JR.. HEARING EXAMINER
Transmitted herewith are a total of \~ pages, including
this cover sheet. If you do not receive all page please call
sender CHRISTINA ALLEN, of McCARTHY, CAUSSEAUX & ROURKE, INC.,
P.S., at (206) 272-2206 for resending.
Thank you.
I
STEPHEN K. CAUSBEAUX, JR.
HEARING EXAMINER
902 South lOth Street
Taooma, WaBhin~ton 98405
(206) 272-2206 (Switchboard)
(206) 272-6439 (Faa8tmile)
.~
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(253) 661-4000
. FEDERAL WAY. WA 98003-6210
February 22, 1999
-,
wellington Morrie Corporation
Greg Sahar, Vice President
10335 Main street, Suite 8
Bellevue, WA 98004
RE:
VENTANA PREL!MINARY PLAT. FWH!i 99-02
Dear Applicant:
Enclosed please find the Report and Decision relating to the above-
entitled case.
very~~ ~ L
STEPHEN K. CAUSSEAUX, JR.
HEARING EXAMINER
SKC/ca
co: All parties of recor~
City of Federal Way
EXHIBIT e
PAGE ~ OF IT:
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---- - - -n - -
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
)
)
)
)
)
}
I. SUMMARY OF APPLICATION
VENTANA PRELIMINARY PLAT
FWHE# 99-02
SUB97-0005
Preliminary plat approval of a 28 lot single family residential subdivIsion as provided
for under Federal Way City Code (FWCC) Chapter 20. SubdivisIons; and requiring
approval pursuant to FWCC Section 20-110.
!1..YROCEDURAL lliFORMA TION
Hearing Date:
Decision Date:
February 2, 1999
February 22, 1999
At the hearing the following presented testimony and evidence:
1.
2.
3.
4.
. .
£ ":;¡ûVd
Deb Barker, City Associate Planner, City of Federal Way
Bob Sterbank. Deputy City Attorney. City of Federal Way
David Halinen, Attorney at Law, on behalf of applicant, Bellevue
Place/Seafirst Building, 1050~ NE Sth, Suite 1900. Bellevue. WA 98004
Dean Condos. 30444 28th Ave. SW, Federal Way, WA 98023
6.
Dianne Ray, 2405 SW 301'( Place, Federal Way, WA 98023
Patricia Clark, 30255 25th Ave. SW, Federal Way. WA 98023
6.
7.
Sean Redmond. 30423 23rd Ave. SW. Federal Way. WA 98023
Robert Collins, 30235 2S\t1 Ave. SW. Federal Way. WA 98023
8.
9.
Kent Nelson, 30206 25th Ave. SW. Federal Way. WA 98023
Chris Castrow, 2324 SW 300th St. Federal Way. WA 98023
1
10.
EXHIBIT r::
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11.
12.
Raymond Miller, 3827 38th Ave. SW, Federal Way, WA 98023
Richard Perez. Public Works, City of Federal Way
13. - Jeff Pratt, Surface Water Manager, City of Federal Way
\
At the hearing the following exhibits were admItted as part of the official record of these
proceedings:
1.
2.
3.
4.
Staff Report with all attachments
Letter dated January 31, 1999, from Chris Carrel
Memorandum dated February 2, 1999, from David Hallnen
Rockery Section
5.
Submittal from Dianne L. Ray dated February 2, 1999
6.
Submittal from Patricia Clark dated February 2, 1999
7.
Letter to Examiner from Robert F. Jones, Diane Ray, and Dale Kure dated
January 18, 1999
III. FINDINGS
1. The Hearing Examiner has heard testimony, admitted documentary evidence Into
'- ~ the record, and taken this matter under advisement.
2.
3.
4.
v';aÐVd
The Community Development Staff Report sets forth general findings. applicable
policies and provisions in this matter and is hereby marked as ExhIbit "1" and
incorporated in its entirety by this reference.
All appropriate notices were delivered In accordance with the requirements of the
Federal Way City Code (FWCC).
The applicant has a possessory ownership Interest in a rectangular. 9.91 acre
parcel of unimproved property located in the northwest portion of the City of
Federal Way near Poverty Bay Park. The applicant is requesting preliminary plat
approval to subdivide the site into 28 sIngle-family residential lots with a
minimum lot size of 9,600 square feet and an average lot size of 11,582 square
2
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feet and a density of 2.8 dwelling units per acre. The north property line of the
parcel abuts the View Cliff single-family residential subdivision; the east property
line abuts the Adelaide Park sIngle-family subdivision; the south property line
abuts the Lakota Highlands single-family subdivision; and the west property line
- abuts unplatted parcels Improved with single-family dwellings.
\
s.
A review of the preliminary plat reveals that access is provided at the northeast
comer of the site from 304th Street S.W. onto 24th Avenue S.W. which currently
extends north into the View Cliff subdivIsion and which will be extended south to
connect with 24th Avenue S.W. in the Lakota Highlands subdivision. 25th Avenue
S.W. currently dead-ends at the south end of the View Cliff No.2 subdivision but
will be connected to a Ventana plat road whIch will extend south and east to
connect with 24\11 Avenue S.W. A 26.358 square foot storm draInage detention'
pond is located at the northwest corner of the plat. and 10,954 square feet of
open space are provided along the slopes at the west property line. Because of
topographic differences. the applicant must Install a rE)taining wall of up to eight
feet In height, one foot from the. six residential lots of the Adelaide Park
subdivision which abut the east property line.
6.
A visit to the site establishes that the parcel has significant topographic
differences and is heavily vegetated with second growth timber and dense
understory. Access to the sIte is provided from S.W. Dash Point Road via either
21st Avenue, 16th Avenue, or 12th Avenue to 304111 Street which presently
terminates at the plat boundary. Future plat residents will likely travel from the
plat via 306111 Place onto 2181 Avenue which provides a connection with S.W.
3121h Street and Dash Point Rd., both of which provide access to SR-99. 304th
Street appears substandard for virtually it's entire length as do Internal roads in
the View Cliff subdivision. Adelaide Elementary School, located on the
southeast corner of the intersection of 16th Avenue and 304th Street, is withIn
walking distance of the plat. The site Is also a short distance from Lakota Junior
High School located southeast of the intersection of 312m Street and Dash Point
Road. The proposed subdivision should complement abutting and nearby
development which consists of attractive, well-maintained, single family homes.
7.
Section 22-1568 of the Federal Way City Code (FWCC) defines a significant tree
as one In good health which has a diameter of 12 Inches or a circumference of
37 inches measured 4 % feet above ground. The preliminary tree preservation
and removal plan identified 239 significant trees on the site, 210 of which are
located in future rights-ot-way, utility easements, and building pads and must be
3
EXHI~T ~
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removed. Most of the significant trees are located on the western half of the site,
and most of the 29 retained trees are located either along the north property line
adjacent to View Cliff or in the southwest corner above 26th Avenue S.W.
Conditions of approval and mitigating measures In the Mitigated Determination of
Nonsignificance (MDNS) require the applicant to replant the site with two, six foot
high, Douglas or grand fir trees on each building lot or within open space areas.
Furthermore, the applicant must plant 66 street trees along both sides of internal
plat roads Including the extension of 25th Avenue into the View Point subdivision.
\
8.
Because of the topography, the applicant has requested the City to approve
mass grading which will allow on-site material to be used as fill for low areas and
eliminate the necessity of removing and replacing material which would require.
6,000 to 8,000 truck trips. This number of truck trips would impact local
subdivision streets and could create a safety hazard due to pavement width and
sight distance problems. If mass grading is approved by City staff. all excavated
material can be used on-site and no Import fill will be required. While tree
removal and. mass grading will temp'orarily create a most unattractive
appearance, construction of attractive single-family homes and the planting of
street trees and fir trees and the landscaping of yards will soon render the site
. compatible with abutting subdivisions.
9.
Concerns were raised by residents of the area regarding the possibility of eagles,
...
goshawks, owls, plleated woodpeckers, and ensatina salamanders on the site.
Terra Associates. Inc., conducted several wildlife assessments in response to
said concerns and submitted reports dated June 26. 1997. March 19. 1998, and
November 23, 1998 (Exhibit Q to the staff report). These reports establish that
the nearest eagle nest is located more than 2,000 feet north of the parcel
adjacent to Puget Sound. The Washington Department of Fish and Wildlife
generally prohibits development within 330 feet of a nest. restricts development
within -660 feet of a nest, and requires preservation of perch trees within 200 feet
of the shoreline. While some large trees on the site could be used for occasional
perching. because the eagle nest is more than 2,000 feet away and because the
eagle activity is concentrated along the shoreline, development of the site will
have no adverse impact on the pair of bald eagles nesting on Poverty Bay.
Goshawks are only rarely observed in the Puget Sound region, almost always In
the forested areas of the Cascade mountaIns In eastern King County.
Goshawks are often confused with Cooper's hawks which are rather common In
the Puget Sound area, and no evidence of nests were observed on the site.
Great horned owls may roost or perch on the site, however since this species is
4
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10.
11.
very adaptable and relatively tolerant of human activities, development of the site
will create no significant adverse impact on the owls. Pileated woodpeckers
generally inhabit mature and old growth forests which have large snags and
fallen trees, but are also reported to use open woodlands. parks, and wooded
suburbs in the Puget Sound area. The study identified six snags on the
Ventana site which have been used for foraging by pileated woodpeckers and
one large Douglas fir that has a nest cavity which could have been used by said
woodpeckers. However, the foraging appears relatively old and the 10 acre site
Is much too small to support a pair of woodpeckers. The habitat Is only of
marginal suitability since the healthy condition of the trees provides a low density
of small snags. While ensatina salamanders are found they are not on any state
or federal list of threatened, endangered, or sensitive species. The ensatlna is .
described by expert publications as "one of the most widespread of specIes of
salamanders." Development of the site will not adversely affect any species or
habitat of concern. -
The applicant will comply with all FWCC infrastructure requirements. Fifty foot
wide rights-or-way will be improved with 28 feet of pavement, vertical curbs,
gutters, sidewalks, and street trees. The intersection of 304m Street and 24th
Avenue S.W. will be widened and improved with sidewalks on the west and
south sides. The applicant will also install a raised asphalt sidewalk on the south
side of 304111 Street from the parcel to Adelaide Elementary School. Conditions
also require a retaining wall design along the south property line to promote
residential design themes through terracing and the use of natural material.
Section 20-155 (b) FWCC requires all resIdential subdivisions to retain 15% of
the gross land area in open space. However, said section also authorizes
applicants to elect a fee in lieu of open space payment to satisfy open space
requirements. Following consIderation of the City's overall park plan: and the
quality, location, and service area of the open space, the parks director accepted
the offer of payment in lieu of open space. The payment Is based on the most
recent assessed value of the property or a professional appraisal. Thus, the plat
complies with Section 20.155(b) as the applicant is maintaining 2.5% of the site
as open space and the parks director has agreed to accept a fee in lieu of
payment for 12.5%. Because of the mass grading required to develop the site in
accordance with it's zone classification, the absence of critical areas such as
wetlands, and the large amount of open space within the immediate area to
include Poverty Bay Park and numerous ravines and steep slopes, the parks
director's decision is appropriate. The plat makes appropriate provision for open
5
EXHIBIT e:
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12.
spaces, parks, and playgrounds.
\
SignIficant concerns were raised by downstream property owners to the west
regarding storm drainage control and the increased runoff caused by removal of
the trees and understory and the creation of Impervious surfaces. The site is
located within an area of the South Lower Puget Sound Sub-Basin which has
downstream conveyance, flooding, erosion, and habitat problems associated
with storm water runoff. Pinnacle Engineering, Inc., prepared a preliminary
storm drainage report dated October 17,1997, and revised August 14,1998
(Exhibit I to the staff report.) The report proposes mitigation as recommended by
the basin plan which requires use of a seven day storm event in sizing on-site
detention facilities. Pinnacle Engineering, Inc.. also performed a Level 2
downstream assessment which identified substandard drainage facilities.
Conditions of approval require that all storm water facilities be designed in
accordance with the 1990 King County Surface Water Design Manual. Pinnacle,
in Its efforts to find an established drainage course which will accommodate plat
storm drainage, is attempting to obtain easements across private property. If
successful, such will ensure a discharge route that will not impact downstream
property owners. The Examiner has added a condition which requires the
applicant to provide a copy of the final storm drainage plan to Dean Condos with
opportunity to review and comment prior to it's final approval by the City. -
Compliance with the basin plan, the KCSWDM. and the provision of adequate
downstream facilities will ensure that the plat makeš appropriate provision for
drainage ways.
13.
The principal objection raised by neighboring property owners is the proposed
connection of 25th Avenue S.W. between the Ventana and View Cliff
subdivisions. King County approved View Cliff in the mid-1960's many years
before the Incorporation of Federal Way and prior to adoption of County road
standards. The View Cliff final plat contains the following note:
Temporary turnaround to become void on extension of 25th
Avenue S.W,
The final plat also reflects 25th Avenue S.W. extending to the 3041h Street right-of-
way. Thus, King County intended that 25th Avenue would be extended and that
the temporary cul-de-sac would be eliminated. All property owners within View
Cliff were either aware of the temporary nature of the cul-de-sac or were charged
with it's knowledge since it is a recorded document. However, property owners
6 e
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14.
correctly assert that View Cliff has had no problems with it's internal circulation
for the past 30+ years and strenuously object to the creation of another access
Into the subdivision for a number of reasons to Include: higher traffic volumes on
inadequate and poorly designed streets; opposition by 97% at the residents of "
View Cliff; creation of a high speed traffic corridor; elimination of a basketball
hoop and play area for children at the 2511\ Ave. cul-de-sac; creation of unsafe
walking and bicycling conditions; increased crime caused by better access and
more than one way out; and the fact that the extension of 25th was required by
King County as opposed to the City.
(
In addition to the temporary cul-de-sac and extension of 25111 to the south
property line, the final plat of View Cliff No.2 reflects that the unopened right-of- .
way of S.W. 304111 Street abuts the entire south property line of the plat (lots 1
and 18). Thus, when View Cliff No.2 was approved, King County contemplated
the extension of 25\11 Avenue to the south and the extension ot 304\11 Street to the
north to provide a connection with 251~ Avenue. Since the City has not required
the applicant to either dedicate the additional right-oJ-way tor 304tn Street or to
,construct said street, the existing 30 foot wide unopened right-of-way will likely
not be used for road purposes.
15.
A drive through the View Cliff subdivision reveals an attractive, well maintained
neighborhood with streets of substandard width and no curbs, gutters, or
sidewalks, and either narrow or no shoulders. View Cliff is shaped similar to a
chicken "wishbone" with the two prongs being 25th Avenue and 24th Avenue and
the stem extending north from their intersection. To access Ventana through
View Cliff, a driver would travel westbound on S.W. 3041h Street. turn northbound
on 24th Avenue S.W., travel north for approximately 1,000 feet, make a
horseshoe left turn onto 3018\ Place which runs to the northwest. make a sharp
left turn onto 2Sltt Avenue S.W., and then drive south about 1,000 feet to
Ventana, A much quicker and easier access into Ventana is provided via 2111
Avenue and S.W. 30attl for drivers coming from either the north or the south.
Ventana residents would have no reason to use View Cliff roads unless visiting
someone In View Cliff, or If other accesses were closed. Connecting 25th
Avenue will likely mean that some residents of View Cliff desiring to travel south
willlìkely use the Ventana roads as opposed to the present 24th/304m route.
While 25th Avenue will experience more traffic, it will not become the
thoroughfare that residents fear. The VIew Cliff subdivision contains 54 lots.
most of which will continue to use the 241h/3041h route to Dash Point Road.
7
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16.
Residents have accused City staff of not listening to their desire to keep 25th
Avenue closed. Residents point to the virtual unanimous support for closure as
evidenced by petition signatures. However. City staff and the Examiner must
review policies and standards adopted by the Federal Way City Council in .
determining proper access for a new subdivision. land use decisions are not
made by popular vote, but are determined by whether the project complies with
adopted criteria. Chapter 20 FWCC contains the Federal Way Subdivision
Code. Section 20.2 states that the purpose of said chapter is to implement the
ComprehensIve Plan; promote the health. safety, and general welfare; promote
safe and convenient travel by the public on streets and highways through the
proper planning and coordination of new streets within a subdivision with existing
and planned streets in the surrounding communIty; provIde for proper ingress.
and egress; and promote the effective use of land by preventing overcrowding or
scattered development which would adversely Impact the transportation system.
Thus. the City Council has determined that in approving new subdivisions, City
staff must plan and coordinate "new streets within a subdivision with existing and
planned streets in the surrounding community," City staff has done so by
requiring a road connection contemplated for many years.
17.
Section 20-151 FWCC entitled "Subdivision Design" provides in part as follows:
a.
Subdivisions should be designed so that traffic Is distributed in a
logical manner toward a collector street system, to avoid intrusion
and over-burdening of residential streets, and to connect with
planned or existing streets.
c.
Cul-de-sac streets should be no longer than 600 feet.
d.
Blocks should be no longer than 1,200 feet without an intersecting
connector road.
If 25m is not connected, a cul-de-sac substantially longer than 600 feet will be
maintained. Even with 25th Ave. connected, the distance between its intersection
with 24th Ave. SW and SW 3011t Place is longer than 1,200 feet. Connecting 25th
will not overburden the existing road even though it is substandard. The only
objective way of determining whether a street is overburdened is to refer to a
recognized traffic engIneering publication establishing standards for local streets.
Otherwise, some residents may think that 10 vehicle trips per day overburdens a
street while others may thInk that 500 vehicle trips per day overburdens a street.
8
EXHIBIT J -
PAGEJILOF ..IL-
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The Federal Way City Council has adopted traffic volume limits for each street
classification. All streets abutting and within the Ventana and View Cliff
subdivisions are classified as local streets, and Table 111-3 of the comprehensive
plan states that local streets can handle a maximum of 1.500 vehicle trips per
day. The Institute of Transportation Engineers Trip Generation Manual estimates
that each single family residential dwelling will generate ten vehicle trips per day.
Thus, if every vehicle trip from every single family dwelling in both the Ventana
and View Cliff subdivisions use 25th Ave., such would amount to 820 vehicle trips
per day or 55% of the road's capacIty.
18.
Connecting 25th is also consistent with the land use goals and policies of the
Federal Way Comprehensive Plan as follows:
1 1 '3DVd
a.
land Use Goal 3 and Land Use Policy (LUP) 14 encourage the
preservation and protection of Federal Way single family neighborhoods
through strict enforcement of the City's land use regulations. Such
includes the requirements of the subdivision code set forth above.
Furthermore, smaller street grids are encouraged to disperse vehicular
traffic so that no residential streets are overburdened and walking
distances are shortened, which in turn reduces vehicular use. LUP 17
encourages the development of transportation routes to single family
neIghborhoods which re-enforces the concept of multiple routes between
destinations. The transportation goals and policies of the comprehensive
plan encourage the protection of neighborhoods from traffic impacts. As
previously found, connection of 25th with the Ventana street network will
add little, If any. traffic to the streets within View Cliff. The connection will
provide an alternative vehicle and pedestrian route for residents of View
Cliff travelling to the south.
b.
Transportation Goal 2 and TP 20 state as follows:
Transportation Goal 2: Provide a safe. efficient, and economic
street system with sufficient capacity to move people, goods, and
services at an appropriate level of service. The City shall adopt
policies for the construction, reconstruction, maintenance. and
preservation of new and existing facilities such as gravel and
substandard streets.
TP 20: Take advantage of opportunities to open new road
9
..EXHIBIT~
. PAGE--1LOF--'L
90lZlLZf5l
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connections to create route alternatives, especially In areas with
few access choices. .
\
Opening 25th Ave. specifically complies with the above goal and policy as
it creates a second alternative route Into View Cliff which consists of 54
lots served by only one access.
c.
TP21 states as follows:
Enhance traffic circulation and access with closer spacing of
through streets as follows:
8.
Arterial streets at least every 1.200 feet in single family
zones and every 600 feet in non-single family zones.
b.
Collector streets every 600 feet in single family zones and
every 600 feet In non-s1n9le family zones.
Implementing TP 21 would require extending 304111 St. to 25111 Ave., but City staff
has elected not to do so. However, based upon the adopted comprehensive plan
policies and subdivision code criteria, City staff has correctly required the
extension of 25th Ave. Following the desires of residents would directly contradict
the adopted.standards, plans, and policies of the City Council. Furthermore,
maintaining 25111 a dead-end road would not further the health. safety, and
welfare as it creates problems not only for emergency vehicle providers, but also
delivery trucks. garbage trucks, mail service,etc., which must now backtrack for
significant distances due to the road layout. The plat makes appropriate
provisions for streets, roads, alleys, and other public ways.
19.
lake Haven Utility District will provide both potable water and fire flow to the site
and sanitary sewer service to each lot. The Federal Way Fire Department has a
fire station within a reasonable response time. The plat makes appropriate
provision for water supplies, sanitary waste, and fire protection.
20.
The applicant must comply with the Federal Way School Impact Fee Ordinance
and make a payment of $2,882 per single family housing ,unit .at the time of
building permit issuance. As previously found, the applicant is providing safe
walking conditions for students by providing sidewalks on both sides of ihternal
plat roads and on the south side of 304t11 St. E. to Adelaide Elementary SchooL
10
EXHIBIT. t:
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21.
While concerns were raised regarding overcrowded conditions at the schools,
our Court of Appeals has addressed this issue in the case of ~
A$sociate$ v. Skaolt County, 37 Wn. App 295 (1984) as follows;
\
School capacity is always a legitimate concern, but, taken alone any
development could be halted solely on this ground. If no solution exists,
then perhaps no further development Is appropriate, but the mere fact that
more houses mean more children and more children mean greater school
capacity is needed, is not the end of the inquiry. 37 Wn. App 295 at 302.
The City Council has adopted a School Impact Fee Ordinance to address
overcrowding, and taxes generated by the subdivision will also support the public.
schools. The plat makes appropriate provision for schools and school grounds
and safe walking conditions for students.
Section 20-126 FWCC requires the Examinerto issue a written recommendation
of approval or disapproval of the subdivision to the City Council. Section 20-
126(c) sets forth the decision criteria used by the Examiner in reviewing the
preliminary plat. Findings on each criteria are hereby made as follows:
A.
As previously found, the proposed plat is consistent with the Federál Way
Comprehensive Plan.
B.
As previously found, the preliminary plat is consistent with applicable
provisions of the subdivision code.
c.
The pre1iminary plat is consistent with the public health, safety, and
welfare assuming that the applicant complies with applicable development
codes and regulations.
D.
As previously found, the prelimInary plat satisfies the design criteria set
forth in Section 20-2 FWCC as well as the criteria set forth in RCW
58.17.110.
E.
The preliminary plat Is consIstent with the development standards set forth
in Sections 20-151 through 20-157 and 20-178 through 20-187 FWCC.
22.
Concerns were raised by one or more property owners abutting the east side of
the parcel regarding the proposed retaining wall. The applicant submitted a
11 EXHIBIT~
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23.
proposal for a rock retaining wan and requested the Examiner's approval.
However, neither City staff nor residents had had an opportunity to review the
proposal and the Examiner will not approve it. but will impose the CIty's
recommended Condition 6. In doing so, the Examiner is not finding that said wall
is not appropriate or not å good design, but only that it should be further
reviewed prior to approval. .
\
The Examiner has modified conditions of approval as agreed to between the
applicant and the City, but has declined to adopt the modifications requested for
the drainage condition. The Examiner agrees that since the applicant is
proposing the preliminary plat, it is responsible for remedying downstream
conveyance problems.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
1.
The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
2.
The proposed preliminary plat of Ventana is consistent with the goals and
policIes of the Federal Way Comprehensive Plan and satIsfies all criteria of the
Federal Way Subdivision Code and zoning regulations.
3.
The proposed preliminary plat makes appropriate provisIon for the public health.
safety, and welfare for open spaces, drainage ways, streets, roads, alleys, other
public ways, water supplies, sanitary waste, fire protection, parks. playgrounds,
sites for schools and school grounds, and safe walking conditions for students.
4.
The proposed preliminary plat satisfies all criteria set forth In Sections 20-126(c),
20-151 through 20-157, and 20-178 through 20-187 FWCC.
5.
The proposed preliminary plat will serve the public use and interest by providing
an attractive location for a single family residential subdivision consIstent with
existing development in the area, and therefore should be approved subject to
the following conditions:
1.
Because the plat proposes to redirect surface water runoff from the
12 h
EXHIBIT
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"C:'" (..~.." ,..,.. 77 ----
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northeast basin into the western basin (the net result of which is an
increase in the real size of the plat's westernmost drainage basin, as
required by the Public Works Director), and prior to constructing the plat
improvements, the conveyance system downstream of this basin shall be
analyzed in sufficient detail to Insure that the increased volume of water
discharged from this basin can be accommodated. A level three
downstream analysis shall be performed from the plat to Puget Sound for
engineering plan review. Additional hydrologic/hydraulic analysis shall be
required if the level three analysis Is not sufficient to determine all
drainage problems.
The dòwnstream capacity of the new drainage conveyance for the
Southwest basin between the project site and Puget Sound has to be
adequate. The capacity of this conveyance needs to be fully analyzed
using the design standard outlined In the King County Surface Water
Design Manual. The analysis will be reviewed in the engineering review
process. Any deficiency of the conveyance has to be addressed before
engineering approval of the project. Depending upon the result of the
analysis and the historical observation record. the mitigation effort may
involve substantial improvement of the conveyance system downstream.
The bonds and liability requirement. including drainage facilities
restoration and site stabilization bond and the maintenance defect bond,
shall be applied to all downstream improvements constructed by the
developer.
The applicant shall be required to construct all Improvements necessary
to mitigate all identified conveyance problems, whether existing or
resulting from the plat's development. as Identified during engineering
plan review, as required by the Public Works Dlrector. Engineering
approval shall not be granted if it is determined that proposed mitIgation Is
not adequate to address the impacts of the project.
2~
All plat drainage elements shall be required to conform to the standards.
policies, and practices of the City of Federal Way's Surface Water
Management Division as outlined in the adopted "1990 King County
Surface Water Design Manual," the "City of Federal Way Comprehensive
Surface Water Management Plan - Phase I, "the ItComprehensive Surface
Water Management Plan," and the "Stormwater System Operation and
Maintenance Manual, n and as modified by the Public Works Director.
13
, .
EXHIBIJ- é 1%
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3.
Retention/detention facilities used to control runoff from the site to off-site
drainage courses shall be located In a detention tract dedicated to the city
at the time of final plat approval, unless located within improved public
rights-of-way. Vegetative screening of the facilities shall be provided.
4.
The finat plat drawing shall establish the open space In an open space
tract to be owned In common and maintained by property owners of the
proposed subdivision (or owned by an incorporated homeowners'
association and maintained by the association), and prohibiting removal or
disturbance of landscaping within the tract, except as necessary for
maintenance or replacement of existing plantings and as approved by the,
city. Additional vegetation may be located In open space{s) and Native
Grovvth Protection Easement (NGPE) tracts to meet the MONS conditions
as approved by the city. -
5.
Prior to issuance of construction permits, a landscape plan, prepared by a
licensed landscape architect, shall be submitted to the city tor approval,
and shall include the following elements:
a)
Open space landscaping;
b)
Street trees in planter strips Inside plat boundaries;'"
c)
Tree conservation and significant tree replacement; and
d)
Visual screening of all property boundaries of the detention tract
from adjacent properties and the rlght-ot-way with landscaping
and/or fencing. Cyclone fencing, if used, shall be painted black or
green, and shall be surrounded by vegetation.
6. Retaining walls and rockery design shall be harmonious with existing
adjoining residential uses, and shall promote residential design themes
through such means as terracing, orientation, natural material selection,
. use of vegetation, and textural treatment.
7.
The applicant must develop written procedures to inform personnel
working on the site (1) to be on the alert the possibility that (a)
archaeological remains could be exposed during construction. and (b)
14
EXHIBIT e
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evidence of such remains can Include concentrations of organic material,
shell, fire modified rock, burned or oxidized sediments, bone or lithic, and
(2) that should remains be exposed, personnel must follow specific
procedures to notify the Washington State Department of Archaeology
and Historic Preservation. the City of Federal Way. and an archaeologist.
The written procedures shall be reviewed and approved by the city prior to
beginning construction.
8.
To provide a safe route of travel for school children. the applicant shall
install an asphalt-paved pedestrian pathway from the subject sIte, west
along the southern side of SW 304th Street to Adelaide Elementary
School, subject to review and approval by the Public Works Director. The.
pathway shall generally be 8~feet wide. but may be narrowed down to a 5-
foot wide in places as necessary to avoid construction conflicts with
existing Improvements along the ,route.
9.
According to the Plat of VlewCliff No.2. the temporary turn-around located
at the southern portion of Viewcliff No.2 is to become void on the
extension of 25th Avenue SW. The applicant will be responsible for
preparation and submittal of any documents necessary to accomplish the
voiding of the existing 25 Avenue SW cul-de-sac at the direction of the
city.
10. The applicant shall provide a copy of the final storm drainage plans to
Dean Condos for review and comment prior to final approval by the City.
RECOMMENDATION:
. .
L t '3DVd
It is hereby recommended to the Federal Way City Council that the prelimInary plat
of Ventana be approved subject to the conditions contained In the conclusions
above and the mitigating measures set forth in the Mitigated Determination of
Nonslgnlficance.
rU(
DATED THIS 11- DAY OF
15
EXHIBIT ~
PAGEJLOF -'L
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TRANSMITTED THIS (}.&, DAY OF February, 1999, to the following:
APPLICANT:
Wellington Morris Corporation
Greg Saher, Vice President
10335 Main Street. Suite 8
Bellevue. WA 98004
ENGINEER:
Pinnacle Engineering, inc.
Ray Miller, PE
11100 NE 8111 Street, Suite 355
Bellevue, WA 98004
OWNER:
- Roberta and Ernest Gadberry
438 Comstock Place
Seattle, WA 98109
David Halinen 10500 NE 8111 St. #1900
Dean Condos 30444 28th Ave. SW
Keith Dewey 401 SW 152od Street
Louise Uhlman 2434 SW 306111 Place
Dianne Ray 2405 SW 301&t Place
Patricia Clark 30255 25111 Ave. SW
Sean Redmond 30423 23(Q Ave. SW
Robert Collins 30235 25th Ave. 'SW
Kent Nelson 30206 2Stl1 Ave. SW
Penny Fullaway 30215 25th Ave. SW
Mike Bollen 30432 23ré Ava. SW .
Cary Lang Construction 34618 11 III PI. S., Ste. 200
John Norris 10516 172Md Ct. SE
Randolph Colton 30168 25\11 Ave. SW
City of Federal Way c/o Chris Green 33530 1 It Way S.
16
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t
Bellevue, WA 98004
Federal Way, WA 98023
Burian, WA 98166
Federal Way, WA 98023
Federal Way, WA 98023
Federal Way, WA 98023
Federal Way, WA 98023
Federal Way, WA 98023
Federal Way, WA 98023
Federal Way, WA 98023
Federal Way. WA 98023
Federal Way, WA 98003
Renton, WA 98059
Federal Way, WA 98023
Federal Way, WA 98003
EXHIBiT - e
PAGE-LLOF ...IC-
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MEETING DATE:
November 2, 2004
ITEM# .~ ~)
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Police Evidence Building - Financing Package and Authorization to Bid
CATEGORY:
BUDGET IMP ACT:
rg¡ CONSENT
D RESOLUTION
D CITY COUNCIL BUSINESS
D ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$50000.00
$450116.00
$0.00
ATTACHMENTS: FEDRAC staff report.
SUMMARYIBACKGROUND: See attached FEDRAC staffreport,
"""""""""'....................
CITY COUNCIL COMMITTEE RECOMMENDATION: Approve the design for the Police Evidence Building,
approve the proposed financing package, and authorize staff to bid and construct the project.
.............................................
PROPOSED MOTION: "I move to approve the design for the Police Evidence Building, approve the proposed
financing package ($50,000 in previously-approved asset forfeiture funds plus $150,116 in additional asset forfeiture
funds plus $250,000 in REET funds), and authorize staff to bid and construct the project."
~~~~~~:~~~~~;"..~--" ~.,.. '-- - '"
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D APPROVED
D DENIED
D T ABLED/DEFERRED/NO ACTION
D MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
October 26, 2004
SUBJECT:
Finance, E~o mic Development and Regiona, I' Affairs Committee
David Mo e anager {ô"'"
, !\r-
Derek Matheson, Assistant City Manager'
Police Evidence Building - Financing Package and Authorization to Bid
VIA:
FROM:
Policv Issue
Should the City Council approve the design for the Police Evidence Building, approve a financing
package for the construction phase, and authorize staff to bid and construct the project?
Background
At its February 17, 2004, meeting, the City Council selected the west end of the New City Hall
parking annex as the location for a Police Evidence Building, and authorized staff to expend up to
$50,000 in police asset forfeiture funds to design the facility. Staff committed to return to the
Council in the fall with a design and a financing package for the construction phase.
The Police Department needs to vacate its old facility by June 30, 2005.
Attachments
1. Design by David A. Clark Architects: The design meets the Police Department's needs. It
complies with the city's zoning code, building code, and design guidelines. The architect's goal
was to design a storage building that is as attractive as possible given a very limited budget.
2. Proposed financing package for the construction phase: The financing package relies on a
combination of police asset forfeiture funds and one-time real estate excise tax funds that are not
needed for Valley Com debt service this year. The management services director recommends
using REET instead of New City Hall contingency funds because REET is restricted to capital
projects while the contingency funds are not. The project's cost is consistent with the estimate
provided to Council in February, plus a 10% contingency required by Council budget policy.
Options
1. Approve the design for the Police Evidence Building, approve the proposed financing package,
and authorize staff to bid and construct the project.
2. Approve the design and financing package for the Police Evidence Building with modifications
EI
made by the committee, and authorize staff to bid and construct the project.
3. Direct staff to return to the committee with more significant modifications to the design and/or
financing package.
Staff recommendation
Recommend that the full City Council approve the design for the Police Evidence Building, approve
the proposed financing package, and authorize staff to bid and construct the project. (Option 1)
Committee recommendation
"I move to place option Ì-- onto the November 2 consent agenda."
. ..
APPROVAL OF COMMITTEE REPORT:
Co~ ...
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-Be r vKi
Committee Member
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DAVID A. CLARK ARCHITECTS, PLLC
5,760 SF Evidence Building
Pre Design Stage Created 20-Jan-04
Total Project Costs Rc\' ¡sed I X-OCI-O.t
Construction Costs
I Building Construction Budget (See Breakdown) $ 315,129 I
Related (Soft) Costs
Permits (Estimate) 0.0% 315,129 $
AÆ $ 54,81 I
Additional Asst CM Fee $ 10,000
WSST 8.8% 315,129 $ 27,731
Insurance 0.0% 315,129 $
Advertising, Bidding Costs $
Printing, Reimbursables $ 1,000
Testing 1.0% $
Utility connections $ 7,000
Archeological Review $
2% for the Arts 0.0% 315,129 $
Survey $
Soils Engineering $ 1,000
Total Soft Costs $
101,542
Total Project Costs.................................................................""""""""" $
Council Approved Contingency 1 0.0% 308,928 $
416,671
33,445
Total Costs....... .......................... .......... ............... .................... .............. S
450,116
Approved Budget
Amount (under) or over budget
$
$
450,143
(27)
David A. Clark Architects, PLLC
FW Evidence Bldg CE 101804: Project Costs
Printed 10/18/2004,920 AM
~
Police Evidence Building
Proposed Financing Package
Asset forfeiture funds
Approved by Council on 2/17/04 for design phase
Additional for construction phase
Real Estate Excise Tax
TOTAL
$50,000
$150,116
$250,000
$450,116
MEETING DATE:
November 2, 2004
ITEM# -=xL~ ~ )
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
2005-2006 BIENNIAL BUDGET & 2005 PROPERTY TAX RATE
CATEGORY:
BUDGET IMPACT:
0 CONSENT
0 RESOLUTION
0 CITY COUNCIL BUSINESS
0 ORDINANCE
~ PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: None
SUMMARY/BACKGROUND: Pursuant to RCW 35A.34, the City Council is conducting the required public hearing to
receive citizen comment on the 2005-2006 biennial budget and 2005 property tax rate.
CITY COUNCIL COMMITTEE RECOMMENDATION: n/a
PROPOSED MOTION: No action is required at this time. The first reading of the budget and property tax ordinances
will be conducted at the regular City CoLIn ï meeting on November 16,2004.
CITY MANAGER APPROVAL:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 T ABLEDillEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
ST
I" reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 05/10/2001
MEETING DATE:
November 2,2004
ITEM# :ILL. æ
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: Proposed 2005-2010 Transportation Improvement Plan (TIP) and Arterial Street Improvement
Plan (A SIP) Presentation and Resolution for Adoption of the Proposed 2005-2010 Transportation Improvement
Plan (TIP) and Arterial Street Improvement Plan (ASIP)
CATEGORY:
BUDGET IMPACT:
0
(8]
0
CONSENT
RESOLUTION
CITY COUNCIL BUSINESS
0 ORDINANCE
(8] PUBLIC HEARING
0 OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated October 18,2004, Resolution
and Draft TIP Packet.
SUMMARY/BACKGROUND: In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code
of Washington, the City of Federal Way adopted its original TIP and ASIP on July 23, 1991. The City is also required to
adopt a revised TIP and ASIP on an annual basis that reflects the City's current and future street and arterial needs. These
plans identify capital projects that the City intends to construct over the next six years. Projects are required to be listed in
the TIP in order to be eligible for grant funding.
The City is required to hold a minimum of one public hearing on the revised plan, which is scheduled for the November 2,
2004 City Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must
be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement
Board. The attached resolution would adopt the 2005-20 10 TIP and ASIP.
The City issued an addendum to the DNS because of the 21 st Avenue South project that is now included in the 2005-2006
budget, for which the City received one million dollars from Sound Transit. Therefore, the resolution has been amended
accordingly. On page three, the first line of the second paragraph has been changed by inserting the phrase "and an
addendum" directly following the word "DNS".
CITY COUNCIL COMMITTEE RECOMMENDATION: At its meeting, the Land Use and Transportation
Committee recommended approval of the resolution to adopt the 2005-2010 TIP and ASIP at the Public Hearing on
November 2, 2004.
PROPOSED MOTION: I move to ap
e the resolution to adopt the 2005-2010 TIP and ASI P.
CITY MANAGER APPROVAL:
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
October 18, 2004
SUBJECT:
sportation Committee
David Mo ,i Manager
Rick Perez, . ., City Traffic Engineer ~
Proposed 2005 - 2010 Transportation Improvement Plan (TIP) and Arterial Street
Improvement Plan (ASIP)
Policy Question:
Should Council approve the draft resolution to adopt the proposed 2005~20 I 0 Transportation Improvement Plan
(TIP) and Arterial Street Improvement Plan (ASIP) at the Public Hearing on November 2, 2004?
Back2round:
In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington, the City of
Federal Way adopted its original TIP and ASIP on July 23, 1991. The City is also required to adopt a revised TIP
and ASIP on an annual basis reflecting the City's current and future street and arterial needs. These plans identify
capital projects that the City intends to construct over the next six years. In order to be eligible for grant funding,
projects are required to be listed in the City's TIP.
The City is required to hold a minimum of one public hearing on the revised plan, which is proposed for the
November 2, 2004 City Council meeting. Once the revised plans have been adopted by Resolution, a copy of the
respective plans must be filed with the Washington State Secretary of Transportation and the Washington State
Transportation Improvement Board.
Revised Plan:
Attached for your review and comment are the proposed 2005-2010 TIP and ASIP (Exhibit A), a location map
(Exhibit B), and a draft resolution for adoption (Exhibit C). The six-year TIP and ASIP respond to the Growth
Management Act concurrency requirements as we1l as other emerging needs. Projects are selected based on
criteria adopted in the City's Comprehensive Plan TP81, which reads, "Prioritize transportation projects
considering concurrency, safety, support for non-SOY modes, environmental impacts, and cost effectiveness."
The scoring criteria as established for Transportation TIP/CIP Prioritization ranked each project. Staff also
reviewed and analyzed available grant-eligible programs suitable for project programming.
Although the proposed plan does not significantly differ from the previous year's plan, several changes should be
noted, Specifically. Three projects are now reflected as "in progress", two projects should be deleted because
they are complete, one project has been modified, and four new projects are recommended for addition to the six-
year TIP and ASIP.
Projects in Pro2ress:
.
SR-99 HOV Lanes Phase II, adding HOY lanes, raised medians, sidewalks, curbs, gutters, illumination,
underground utilities, landscaping, and left turn lanes on S 324th Street.
SR-99 HOV Lanes Phase III, adding HOY lanes, raised medians, sidewalks, curbs, gutters, illumination,
underground utilities, landscaping, and signalizing the intersection of SR 509 and Redondo Way S.
"1-5 to City Center Access Study", previous project title was S 31th Street at 1-5 Design Study. This
project is a design study to recommend improvements for a preferred solution to the interchange at S
320th Street at 1-5 reaching capacity.
.
.
Completed Projects:
. S 312th St @ 14th Ave S, signalization.
. S 336th St @ Weyerhaeuser Way S, construction ofa roundabout.
. S 288th St @ SR 99, adding left-turn lanes for eastbound and westbound at SR 99 and 18th Ave S,
interconnects signals on Military Road S.
. S 314th St @ 23rd Ave S, adds a new signal at this intersection and interconnect to S 312thSt.
. S 336th Sf: 18th Ave S - 1-5, adds a two-way let-tum lane and signalizes the intersection of 20th Avenue
S. These improvements will be constructed by Christian Faith Center.
. S 344th Street: SR 99 - 16th Ave S, adds traffic signals at SR 99 and at 16th Ave S. These
improvements will be constructed by Christian Faith Center.
Modified Project:
. City Center Access Study, where the scope has been increased to conduct an environmental analysis
Proposed New Projects:
. Military Road S from S Star Lake Rd to S 288th Street: This project (currently contained in the Capital
Facilities Program in the Comprehensive Plan) widens Military Road S to 5 lanes with bike lanes, curb,
gutter, sidewalks, streetlights and underground utilities, This addresses concurrency issues at both S Star
Lake Road and S 288th Street.
. SW 320th Street @ 4ih Avenue SW: This project (currently contained in the Capital Facilities Program
in the Comprehensive Plan) addresses a concurrency issue and level of service deficiencies. The project
will add a new signal.
. S 312th Street @ 28th Avenue S: This project (currently contained in the Capital Facilities Program in
the Comprehensive Planas two separate projects) addresses a concurrency issue, and level of service
deficiencies. The combined project adds a southbound right tumlane.
. SW 336th Way / SW 340th Street from 26th Place SW to Hoyt Road SW: This project (currently
contained in the Capital Facilities Program in the Comprehensive Plan) addresses concurrency issues and
level of service deficiencies at 35th Avenue SW and at Hoyt Road SW. The project widens this arterial to 5
lanes.
. 21st Avenue S from S 316th Street to S 320th Street: This project improves access to Sound Transit's
Federal Way Transit Center and constructs a minor collector contained in the Comprehensive Plan.
Staff Recommendation:
Staff requests the Land Use and Transportation Committee recommend approval of the attached resolution
adopting the 2005-2010 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan at a Public
Hearing to be held November 2, 2004,
Committee Recommendation:
Recommend approval of the resolution to adopt the 2005-2010 TIP and ASIP at the Public Hearing on November
2, 2004.
, ,
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DRAf1
Ii) /þIr!O t
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, ADOPTING AN
EXTENDED AND REVISED TRANSPORTATION
IMPROVEMENT PROGRAM AND ARTERIAL STREET
IMPROVEMENT PLAN FOR 2005-2010, AND DIRECTING
THE SAME TO BE FILED WITH THE WASHINGTON
STATE SECRETARY OF TRANSPORTATION AND THE
TRANSPðRTATION IMPROVEMENT BOARD. (AMENDS
RESOLUTION 91-67, 92-117, 93-155, 94-186, 95-210, 96-236,
97-258,98-273,99-299,00-316,01-343,02-365, and 03-391).
WHEREAS, pursuant to the requirements of RCW Chapters 35.77 and 47.26, the City
Council of the City of Federal Way adopted its original Transportation Improvement Program on
July 23,1991 (Resolution No. 91-67); and
WHEREAS, the Federal Way City Council updated its Transportation Improvement Program
("Program") on October 19, 1993, by its passage of Resolution No. 93-155; and
WHEREAS, the Federal Way City Council further updated its Transportation Improvement
Program on October 4, 1994 (Resolution No. 94-186); and
WHEREAS, the Federal Way City Council further updated its Transportation Improvement
Program on July 18, 1995 (Resolution No. 95-210); and
WHEREAS, the Federal Way City Council further updated its Transportation Improvement
Program on July 16, 1996 (Resolution No. 96-236); and
WHEREAS, the Federal Way City council further updated its Transportation Improvement
Program on July 1, 1997 (Resolution No" 97-258); and
RES #
, PAGE 1
WHEREAS, the Federal Way City council further updated its Transportation Improvement
Program on July 7, 1998 (Resolution No., 98-273); and
WHEREAS, the Federal Way City council further updated its Transportation Improvement
Program on June 1, 1999 (Resolution No., 99-299); and
WHEREAS, the Federal Way City council further updated its Transportation Improvement
Program on June 20, 2000 (Resolution No., 00-316); and
WHEREAS, the Federal Way City council further updated its Transportation Improvement
Program on July 17, 2001 (Resolution No., 01-343); and
WHEREAS, the Federal Way City council further updated its Transportation Improvement
Program on June 18,2002 (Resolution No., 02-365); and
WHEREAS, the Federal Way City council further updated its Transportation Improvement
Program on July 15, 2003 (Resolution No., 03-391); and
WHEREAS, the City Council of the City of Federal Way has reviewed the work
accomplished under the existing Program and has reviewed work scheduled to be accomplished
according to the updated Program; and
WHEREAS, a public hearing was held on the revised Transportation Improvement Program
on November 2, 2004, in compliance with the requirements of State laws; and
WHEREAS, the City Council has detennined current and future City street and arterial
needs, and based upon these findings has prepared a revised and extended Transportation
Improvement Program and an Arterial Street Improvement Plan for the ensuing six calendar years;
and
RES #
, PAGE 2
WHEREAS, pursuant to RCW 35.77 and 47.26, the City Council is required to annually
reVIse and adopt an extended Transportation Improvement Program and an Arterial Street
Improvement Plan; and
WHEREAS, the City's SEP A Responsible Official has adopted the DNS and an addendum in
Federal Way File No. 04-1O3205-00-SE issued for the City's 2005 - 2010 Transportation
Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) which includes the extended
and revised projects contained in the TIP adopted herein; and
WHEREAS, adoption of the City's 2005 - 2010 Transportation Improvement Plan (TIP) and
Arterial Street Improvement Plan (ASIP) DNS reflects the fact that there will be no significant
adverse environmental impacts as a result of adoption or implementation ofthe extended and revised
Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) adopted
herein;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
Section I. Program Adopted. The extended and revised Transportation Improvement
Program and Arterial Street Improvement Plan for the City of Federal Way for the ensuing six (6)
calendar years (2005-2010 inclusive), a copy of which is attached hereto as Exhibit A and
incorporated herein by this reference, which sets forth the City's transportation project locations,
types of improvements and the estimated costs thereof, is hereby approved and adopted.
Section 2. Filing of Program. Pursuant to Chapter 35.77 RCW, the City Clerk is hereby
authorized and directed to file a copy of this Resolution, together with Exhibit A, with the
Washington State Secretary of Transportation and a copy with the Washington State Transportation
, PAGE 3
RES #
Improvement Board.
Section 3. Severability. If any section, sentence, clause or phrase ofthis Resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase ofthis Resolution.
Section 4. Ratification. Any act consistent with the authority and prior to the effective date
of the Resolution is hereby ratified and affirmed.
Section 5. Effective Date. This Resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this - day of
, 2004.
CITY OF FEDERAL WAY
MAYOR, DEAN McCOLGAN
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
k:\traffic\tip - cip\2005\adoption reso.doc
RES #
, PAGE 4
Map
10-
1
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Map
10 Location
29 Westwa Ne' hborhood ,
30 S314thSI 20th Ave S,23rdAve S
31 'stAveS, S292ndSI.5312IhSI
Subtotal Non,Motorized Capital Proj.c..
Draft 05 TIP 0<1006
10,"12004
TOTAL CAPITAL PROJECT COSTS
OraftTIP060cl04
t1
til
~
r4
!:~~
i~
~
TRANSPORTATION IMPROVEMErlT PLAN (TIP), 2005 TO 2010
CAPITAL PROJECTS
NON,MOTORIZED CAPITAL PROJECTS
D.scilptlon
Add Crime Prevention Street Ughts throogh out the Ne~hborhood 01 Westway
Install sld...elks, ADA ramps, curbs & gu~er, pedestrian improvements
Shoulder Improvements
Provlous Yea"
--.so
4,702
Provlous Y....
200a
---rsõ
ïõ:õ"2"3
750
941
5,993
2004
-"22
.
5,993
2005
v.a'2004 Costs In $ thousands
~
~
10,923
1,470
2:šõõ
200
420
160
200
6,890
'.963
1.000
',ODD
360
',202
6"iõ
1.44.
346
596
550
Dõõ
1õõ
2,'00
',700
1,890
a,9501 18,5"1 22,aior-~
Year 200a Costs In $ thous.nds
2005 I 2005 I 2007 I 2007
160
22
10,U5
150
5,110
16,5"
340
0
340
22,810
2009
3.350
',202
1:õõõ
500
',382
8,750
',ODD
5,472
360
2009
0
2a,015
2010
4,512
500
1,359
4,900
',ODD
5:2ãõ
',600
~
2a,2"
2010
653
ill
2a,896
2a,937
6,900
Total
--¡:¡oo
W9s
",103
',350
4,200
9.345
ã;i9i"
~
420
7:iõõ
',728
1,356
7š6
1 ¡:¡Qo
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360
',700
',600
ã;i9i"
5,438
2õõ
1i4
',890
;::ii9
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5.156
5,438
2õõ
124
7."9
2W7
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Total
-----;-¡-;
340
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137,393
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,¡
I City of Federal Way
2005-2010
Transportation
Improvement Plan
Legend
.
Intersection Improvement
"""""""'" Corridor Improvement
.~"",.,"'" Non-Motorized Improvement
Map Date: September, 2004
City of Federal Way,
33325 8th Ave S,
PO Box 9718
Federal Way, WA 98063
(253) 835-7000
00.12"'.2$
fj
N
0.$
0.1$
1""'- 'Mil"
~ Fëderal Way
This map is accompanied by no warranties,
and is simply a graphic representation.
MEETING ])A TE:
November 2, 2004
ITEM#
11 / (u{;i)
CITY OF FEDEHAL '\lAY
City Council
AGENDA BILL
-._...;¡:¡;;.c;¡:;¡,¡~~..._;.~c;;.;;"';¿,.:;¡;'¡"::""o;.;;;'.';C. -,~..,;, ">";"
SUBJECT:
Community Center: 50% Design Consideration
CATEGORY:
BUDGET IMPACT:
D
D
~
CONSENT
RESOLUTION
CITY COUNCIL BUSINESS
D ORDJNANCE
D I)UHUC lŒARlNG
D OTl-II~R
Amount Budgeted:
Expenditure Am":
Contingency Req'd:
$
$
$
ATTACHMENTS: Upper and lower level floor plans including a11 alternates, site plan, and preliiminary projcct schcdule
summary presented] 0-] 4-04
SUMMARYIHACKGROUND: Council approved 30% Design on May] 8,2004. Budget reconciliation and proposed
50% Design was presented in a study session on October ]4,2004. At that time the direction was to bring back final
revised 50% Design concepts to a Study Session on November 2, 2004 with possible approval at the Regular meeting on
the same evening.
CITY COUNCIL COMMITTEE RECOMMENDATION: NA
I)ROI)OSED MOTION: "I move approval of 50% design of the new community center to include bid alternates as
~:::::~:t:~::?-c~gs=~eturn tn C:U~for 85% dcslgn :cw"
-"-- ----"-- ----
- "----- -----"-'"--"- ---
(BELOW TO BE COMPLEThï) BY C1TY CLERJ(S OFPïCE)
w.~"¡;..;'"-<;~,~,, >~~~.-._.-.; "';;"'~.:;':';~"."L."';';""';--"-- ,.. '-,'", '..,
" " - -'_U" "---- --- --" --" -
"...'" "d--""'~~" M~U."__-~',,,,"-"-'-""
COUNCIL ACTION:
D AI)I)ROVED
D ])ENJE])
0 TAULE])!DEFERRE])/NO ACJ'JON
0 MOVE]) TO SECON]) READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
--------- -- ----u-
---- -- "~
~----~-"-~,---
REVISED - 05/10/2001
Lower Level Plan
53,296 GSF
~ ~~~~ ,';-OOR
City of Federal Way Community Center
8
In association with Arai Jackson Ellison Murakami
Upper Level Plan
MeCHANICAL
EeulPlotENT
/
JOG/WALK
TRACK IN BASE
GYM 4,010 net sf
.
"
AEROBICS
FITNESS
! il!
i.::':; .
CLIMBIING WALL
ENCLOSURE
456 gsf
City of Federal Way Community Center
"
MECHANICAL
EQUIPMENT
SCRt!EHING
"
6,855 GSF
~ ~::~~~ FLOOR
8
In association with Arai Jackson Ellison Murakami
. .
..
. '
Preliminary Project Master Schedule Summary
I~Task Name I Duration I Start Finish 2004 12005 12006 12007 12008
1 Design Development Cost Reconciliation 27 days Fri 9t24/04 Mon 1111/04 .. Design Development Cost Reconciliation
10 I Permitting and Approvals 142 days Fri 9124104 Mon 4/11t05 .... ... Permitting and Approvals
24 I Construction Documents 112days Tue1112104 Wed 4/6/05 .... ... Construction Documents
35 I Bid Period and Contract Formation 47 days Mon 4111105 Wed 6115t05 ... Bid Period and Contract Formation
49 I Construction 392 days Thu 6/16t05 Fri 12115t06 .... .... Construction
54 I System Checkout to Grand Opening 40 days Mon 12t18/06 Frl 219t07 System Checkout to Grand Opening ..
62 I Preliminary Site Work Early Start 90 days Thu 6t16t05 Wed 10119t05 ~ Preliminary Site Work Early Start
63 I NTP June 16,2005 0 days Thu 6/16/05 Thu 6/16/05
Phase One Mobilization 10 days Thu 6/16105 Wed 6/29/05
I 65 I Punch.ln Access Road 10 days Thu 6/30/05 Wed 7/13/05
66 Temporary Errosion Control Plan 10 days Thu 6/30/05 Wed 7/13/05 I ~.mp""..y .~.~, Coo"'" P.,
I
67 Tree Harvesting 15 days Thu 7/14/05 Wed 8/3/05 Tree Harvesting
68 I Clearing and Grubing 20 days Thu 7/28/05 Wed 8124/05 Clearing and Grubing
69 I Rough Grading 25 days Thu 8/11/05 Wed 9/14/05 W, Rough Grading
70 Fire Water Mains 10 days Thu 9/15/05 Wed 9/28/05 i. Fire Water Mains
71 Building Excavation 15 days Thu 9/15105 Wed 10/5105 ìI Building Excavation
72 Base Course Road Construction 15 days Thu 9/29/05 Wed 10/19/05 1 Base Course Road Construction
City of Federal Way Community Center
8
In association with Arai Jackson Ellison Murakami
MEETING DATE:
November 2, 2004
ITEM#
1LI-L W
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT:
Han Woo-ill Festival: Authorization to Continue Funding and Production and Establish Festival
Dates
CATEGORY:
BUDGET IMP ACT:
CONSENT
RESOLUTION
CITY COUNCIL BUSINESS
ORDINANCE
PUBLIC HEARING
OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$0
$176,000
$0
x
ATTACHMENTS: Exhibit A - Council Agenda Bil1, 5/18/04, and attachments
"""""""""""""""""""""""""""",,""""""""""."""""""""""""'"""""""""""""""""""""""""
SUMMARYIBACKGROUND:
Please refer to Exhibit (Council Agenda Bill for 5/18/04) for details related to background on the formulation of
the Korean Sports and Cultural Festival concept.
On 5/18/04 the City Council reviewed the proposal for a Northwest Korean Sports and Cultural Festival, its
projected program elements, sponsorship levels, and City funding budget, and granted preliminary approval of
up to $176,000 in one-time lodging tax revenues to be used to produce Han Woo-Ri, Northwest Korean Sports
and Cultural Festival in May 2005. Two conditions were placed on that preliminary approval:
1. That the City Council be given a progress report in Fall 2004 regarding the status of planning,
programming, and sponsorships, as well as a statement as to the feasibility of producing the event in the
timeframe envisioned; and
2. That sponsorship revenues in excess of the estimated $30,000 included in the presented budget be used
both for reducing the net City funding for the event and creating a fund balance to allow for subsequent
year expenditures and/or to cover costs for special opportunities that might arise the first year.
Status of the Festival Programming and Sponsorships
On 1112/04 City staff and the event-production consultants from The Workshop will provide a detailed
presentation on the status of the programming and sponsorship work to date on the Ran Woo-Ri Festival. The
following is only a brief summary of this information.
Pro gramming
The Ran Woo-Ri Festival is envisioned as a 4-day event, running from Thursday to Sunday, May 12-15,2005.
The program elements are broken into three areas: culture, sports and trade. Related to culture and sports, both
traditional and contemporary forms are intended to be presented, as well as performers/athletes from both Korea
and the Pacific Northwest.
To date the greatest work has focused on the cultural and sports components originating from Korea, given the
need for a maximum amount of lead time to arrange for visas and other travel details for visiting
athletes/performers.
The following cultural and sports components are envisioned as the backbone of the Festival:
Korean contemporary music/performance
Korean traditional music, dance from Gangwan Province (Donghae's province)
Korean traditional music, dance in modem format
Korean film showcase
Korean pop culture showcase (soap operas, video games, pop music, etc.)
Korean bonsai with visiting Korean bonsai master
Golf invitational between Korean National Amateur Team and University of Washington
Golf tournament/open with Korean National Team players on each local team, possibly clinic
Soccer exhibition by Guinness world record holder
Soccer tournament with clinic by Korean coach - open to Korean "old boy" teams and/or others
Tae Kwon Do exhibitions by Korean National Team
It should be noted that the Seattle International Children's Festival has agreed to partner with the City on the
contemporary music/performance component, intending to market these performances as a satellite of their
Festival for the South County. This will likely stretch the Festival back to Wednesday to allow for daytime
performances for the school children. Marketing of this component of the Festival will increase exposure of the
entire Festival and expand the client base.
Similarly, the Seattle International Film Festival has indicated that it will cosponsor a "Korean film showcase"
as a satellite of its Festival here in Federal Way. Again, marketing of this component of the Festival will
increase exposure of the entire Festival and expand the client base.
In addition, numerous additional components will be developed to fill in the program, chiefly with
local/regional performers, athletes, artists, etc. Examples include:
Korean totem-carving exhibition
Local Korean traditional music/dance, including children's performances
Food and cooking
Art installations, including traditional pottery, paintings, textiles
Big-screen video imagery
Korean dog (Jindo) show
Local bonsai collection
As mentioned above, the Festival is intended to include a Korean-US trade component, as well. Likely to be
held on Thursday of Festival week, the trade day is tentatively programmed to include speakers on Korea-US
trade relations, seminars on engaging in Korea-US trade, hand-outs and brochures on trade and trade resources,
etc.
Sponsorships
Several corporate and governmental sponsorship requests have been made, with increasing levels of response
and commitment. Generally speaking, however, the full-court effort to seek sponsorships has been held until
the Festival's programming can be confidently advertised in sponsorship brochures. For this reason,
sponsorship requests to date have gone to those corporations or agencies whose missions most closely align
with the Festival or have direct, local connections; for example: Asiana Airlines, Weyerhaeuser, Commons at
Federal Way, Sears, Korean National Tourism Office, Korea Foundation, Although no dollar-amount
commitments are in writing, we can divulge that Asiana Airlines is seriously pursuing a "partner"-level
sponsorship to include venue-naming rights, etc., and the Korea Foundation is considering sponsorship of an
entire performance troupe from Korea to the Festival. The Korean National Tourism Office is very interested in
assisting with marketing and publicity expenses, as well as a cash donation. Weyerhaeuser has indicated its
intent to provide a cash sponsorship, with other entities expressing interest in informal discussions. Once
Council approval is granted and the program can be advertised (likely in November), a substantially stepped-up
sponsorship-seeking effort will be engaged.
The preliminary budget included a very conservative figure on the order of $30,000 in sponsorships. Based on
statements of intent by the above-mentioned entities, the current level of cash and in-kind sponsorship revenues
would be on the order of $75,000.
Timeframe
Last May, during Council consideration of the preliminary approval and funding for the Festival, questions
were raised as to whether there would be sufficient time to program, fund and produce the event. The
Workshop consultants, charged with producing this event, believe that the progress to date has been very
satisfactory and promising, and they are confident that production of the event for mid-May 2005 is quite
feasible. More detail on this will be provided in the 11/2/04 presentation.
................ """"""""""""""""""""""""""""........... ............ """""""""""""""""""""""""""""""""""""""""""""""""""""""",""""""""........ . """"""""""""""""""""""""""""""""'--""""""""""""""""""""'...""""""'... """"""".... """""""""""""""""'" ......... "'............ .........
CITY COUNCIL COMMITTEE RECOMMENDATION: N/A. This action follows directly from full City Council
action of 5/18/04,
"""""""""""""""""'"
...................................
PROPOSED MOTION: "I move to authorize continued funding, planning and production of the Ran Woo-Ri
Festival and to set the Festival date for t1].e., week of May 9, 2005"
---- - -- ._--~
CITY MANAGER APPROVAL: _1- )
.-
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
0 APPROVED
0 DENIED
0 TABLED/DEFERRED/NO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
REVISED - 04/28/2003
YC+)
MEETING DATE:
May 18, 2004
ITEM#
.......................... ....
.......................................... .
................................
x
CONSENT
RESOLUTION
CITY COUNCIL BUSINESS
\\
ORDINANCE \ \(\
PUBLIC HEARING,,-\ \.
OTHER (, T
........................................._~........... ....
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$0
$176,000
$0
SUBJECT:
CATEGORY:
Proposed Korean Sports and Cultural Festival
........................................ ...
ATTACHMENTS: Exhibit A - memo to FEDRAC and attachments /
SUMMARY /BACKGROUND:
Pursuant to its City Council-approved 2003-2004 work plan and budget, the Lodging Tax Advisory Committee
(L T AC) hired events planning consultants to study the local! regional events "market," identify any event-
market niches that Federal Way could potentially fill, and propose two or three new major annual events
designed to attract visitors to the City from throughout the region and beyond.
The events planners identified two community strengths around which new events could be formulated:
amateur sports and the community's sizable and recognized Korean-American population.
As you know, related to the amateur sports concept, the City Council has approved expenditures associated with
hosting a Reebok Women's Triathlon in September 2004 and 2005, with an option to continue that event in
future years.
Korean Sports and Cultural Festival
After studying the regional event market, our events planning consultants discovered that, while dozens of
ethnic-themed cultural events exist throughout the region and state, no sizable event exists devoted to Korean
and Korean-American culture and sports. In fact, very few such events exist in the nation, with festivals in
Honolulu and New York being the two major exceptions, in addition to more focused events, such as a film
festival in Los Angeles,
Federal Way has one of the highest proportions of Korean-Americans among its population and serves as a
recognized cultural, business, and geographic hub of the Korean-American population that ranges chiefly from
Edmonds to Lakewood, In addition, Federal Way has a prosperous and active relationship with our Korean
sister city, Donghae, as well as established personal and professional connections with both local and in-country
Korean commercial and government entities.
For these reasons, the events planning consultants formulated a concept for a Korean Sports and Cultural
Festival, which was presented, with increasing levels of detail, to the Lodging Tax Advisory Committee from
October 2003 through February 2004.
PROPOSAL (Please refer to attached Memo to FEDRAC and Attachments for more detail)
The current proposal is for a 3-day event in May 2005 that would include local, regional, national and
international talent and exhibits related to both traditional and modem Korean sports and culture. There would
also be a commercial trade component. The event would be headquartered at a festival hall-style hub (likely a
large tent especially designed for the event), which would include a performance space, exhibits, etc., and other
events would be held throughout the City - both indoors and outdoors.
"The Workshop" events planning and production company would produce the first-year event. A local half-
time staff person and volunteer committee would participate throughout and learn about the
planning/production process. The Workshop would thoroughly document their work and leave a written
guidebook. After year one, The Workshop would hand over the production to a local event organization (likely
an incorporated, 501(c)3), but would continue to serve on a consultant basis to assist at the discretion of the
local organization.
The event would require the involvement of a steering committee of local and regional Korean community and
business leaders, as well as non-Korean community and business leaders to oversee formulation of event
"concepts" and programmatic elements, as well as lead local PR and volunteer efforts. Approximately 12
members.
Attendance assumptions range from 5,000-10,000 the first year on to approximately 20,000 or more by the third
year. Ethnic/cultural events in Seattle (e,g" Cherry Blossom Festival, Chinese New Year, Fiestas Patrias, etc.)
routinely attract 20,000 to 30,000 for weekend events of a smaller scale.
Budgetary assumptions and City of Federal Way contributions are summarized for the first, second and third
years in the following table
YEAR EXPENSES REVENUES CITY FUNDING
2005 $229,000 $53,000 $176,000
2006 $167,000 $127,000 $42,000
2007 $187,000 $162,000 $25,000
LTAC RECOMMENDATION
The L T AC reviewed and considered the Korean Sports and Cultural Festival over the past several months,
starting in October 2003 and ending at its annual retreat on 2120/04. The Committee's final recommendation to
City Council was to approve the hosting of this event in Federal Way and approve the expenditure of up to
approximately $176,000 in lodging tax revenues to produce the first-year event. The Committee tentatively
identified that up to $170,000 of this funding would be available from carry-forward funds within the Lodging
Tax fund balance, available as of the end of2003.
... ... -.. ...... ."'.......... -..... ... .-.'.. ..-... -..-.... "'...""""'" -.... -....... ..-............. """""" ...-. .......- """'-""""""'-....-..-.-.........."-"""""""'" ......-......-.. .............. ........... ..-.. """"'" - ........ .....m._....."',- ..'-' ...-.. ...-.................................. ...... .... """"""""""'" .m_.- --.-.........- -... ",,"""""""-"""""'.-"""'--"....
CITY COUNCIL COMMITTEE RECOMMENDATION: On 5/11/04 the FEDRAC voted to recommend that City
Council approve the hosting of a Korean Sports and Cultural Festival in 2005, approving the expenditure of up
to approximately $176,000 in lodging tax revenue towards this event, and to place this recommendation on the
May 18, 2004, City Council agenda.
"""'."".............""",""""""""""" """'."......................-....--.-..""'-'-""'"""",-,-,-""-,,.,"_".""_m".___""""."-""-,",,""""""""""""""""."""",,"""-"""""'-"......--.........-...........-...................-....------.....-...-"'-"".'-""""""""'-"""""""-""""""""
PROPOSED MOTION: "I move to approve the hosting of a Korean Sports and Cultural Festival in 2005,
including the expenditure of up to approximately $176,000 in lodging tax revenue towards this event, as
recommended by FEDRAc."
~.:r~~~~~~~~~~~~-~........... .- ---
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
...................................._.................................... ..... ....................................................
COUNCIL ACTION:
¡¡)¡tAPPROVEJ1iì'\
ErDENIED ~
0 T ABLEDIDEFERREDINO ACTION
0 MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
!51JeYlfJr
, .
REVISED - 04/2812003
£ì<~ \BlT A
CITY OF FEDERAL WAY
MEMORANDUM
Date:
To:
Via:
From:
Subject:
mic Development and Regional Affairs Committee
ity Manager
uty Director, Community Development Services
ultural Festival
BACKGROUND
Pursuant to its City Council-approved 2003-2004 work plan and budget, the Lodging Tax
Advisory Committee (L T AC) hired events planning consultants to study the local/
regional events "market," identify any event-market niches that Federal Way could
potentially fill, and propose two or three new major annual events designed to attract
visitors to the City from throughout the region and beyond.
The events planners identified two community strengths around which new events could
be formulated: amateur sports and the community's sizable and recognized Korean-
American population.
As you know, related to the amateur sports concept, the City Council has approved
expenditures associated with hosting a Reebok Women's Triathlon in September 2004
and 2005, with an option to continue that event in future years.
Korean Sports and Cultural Festival
After studying the regional event market, our events planning consultants discovered that,
while dozens of ethnic-themed cultural events exist throughout the region and state, no
sizable event exists devoted to Korean and Korean-American culture and sports. In fact,
very few such events exist in the nation, with festivals in Honolulu and New York being
the two major exceptions, in addition to more focused events, such as a film festival in
Los Angeles,
Federal Way has one of the highest proportions of Korean-Americans among its
population and serves as a recognized cultural, business, and geographic hub of the
Korean-American population that ranges chiefly from Edmonds to Lakewood. In
addition, Federal Way has a prosperous and active relationship with our Korean sister
city, Donghae, as well as established personal and professional connections with both
local and in-country Korean commercial and government entities.
Memo to FEDRAC, 4/4/04
Korean Sports and Cultural Festival
Page 2 of 5
For these reasons, the events planning consultants formulated a concept for a Korean
Sports and Cultural Festival, which was presented, with increasing levels of detail, to the
Lodging Tax Advisory Committee from October 2003 through February 2004.
Festival Concept
The conceptual framework for this event can be summarized as follows:
.
Form a steering committee of local and regional Korean community and business
leaders, as well as non-Korean community and business leaders to oversee
formulation of event "concepts" and programmatic elements, as well as lead local
PR and volunteer efforts. Approximately 12 members.
Three-day annual event, starting in Spring 2005.
"The Workshop" events planning and production company would produce the
first-year event. A local half-time staff person and volunteer committee would
participate throughout and learn about the planning/production process. The
Workshop would thoroughly document their work and leave a written guide book.
After year one, The Workshop would hand over the production to a local event
organization (likely an incorporated, 501(c)3), but would continue to serve on a
consultant basis to assist at the discretion of the local organization.
A group of approximately five local volunteer leaders would be needed to
coordinate volunteers to support sports, arts, film and general volunteer activities.
During the three-day event a maximum of 14 volunteer positions in four-hour
shifts would likely be needed, with lesser amounts (7 positions over two shifts,S
positions over two shifts, etc.) at lower-demand times during the event.
The event would include events and exhibits related to both traditional and
popular culture, sports and commerce (trade).
Cultural events would include music, dance, art, film, cuisine, etc, Korean talent,
whether from within the US or from Korea (such as traditional dancers, popular
music figures, celebrities, etc.) would be sought. Headliner events (such as a pop
music concert, major dance troupe performance, film festival) might be separately
billed and ticketed.
Sports events would include both traditional and popular sports, ranging from Tae
Kwon Doe masters exhibition matches, Korean-American soccer championships
(uniting regional teams from across the US), Korean sports stars (golf, soccer,
swimming, etc.). Headliner events could include soccer play-offs, exhibition
soccer match with Korean celebrity, golf tournament with celebrated Korean
athletes, etc.
Trade component could include trade show, trade delegations/conferencing,
international trade/business links, etc.
The event would be headquartered at a festival hall-style hub (likely a large tent
especially designed for the event), which would include a performance space,
exhibits, etc., and other events would be held throughout the City ~ both indoors
and outdoors.
.
.
.
.
.
.
.
.
Memo to FEDRAC, 4/4/04
Korean Sports and Cultural Festival
Page 3 of 5
.
Attendance assumptions range from 5,000-10,000 the first year on to
approximately 20,000 or more by the third year. Ethnic/cultural events in Seattle
(e.g., Cherry Blossom Festival, Chinese New Year, Fiestas Patrias, etc.) routinely
attract 20,000 to 30,000 for weekend events of a smaller scale.
.
Budgetary assumptions and City of Federal Way contributions are summarized
for the first, second and third years in the following table (see "Sample Three-
Year Budget" table in Attachment A for details):
YEAR EXPENSES REVENUES CITY FUNDING
2005 $229,000 $53,000 $176,000
2006 $167,000 $127,000 $42,000
2007 $187,000 $162,000 $25,000
.
Key assumptions in budget:
0 Sponsorship monies (corporate, local and Korean): $30,000, $45,000 and
$55,000 for years 1, 2, and 3, respectively
0 Grant monies (Korean govt., King Co Cultural Dev Authority, e.g.):
$16,000, $20,000 and $25,000 for years 1,2 and 3.
0 Year 2 initiate fee for weekend-long event pass (average ticket price of
$3.50, averaged between youth and adults prices)
Pros and Cons
Benefits of the Festival that have been expressed include:
.
Preliminary economic impact figures, based on direct spending by attendees only
(doesn't count purchasing and rentals for event production or multiplier effects):
0 Year 1: $200,000
0 Year 2: $300,000
0 Year 3: $400,000
.
Enhanced community profile and image regionally and nationally. Could be a
"signature event" for the community.
Increase range of attractions for visitors and tourists.
Could increase Federal Way's role in KoreanlPacific Rim trade opportunities.
.
.
Liabilities related to this Festival for the City that have been expressed include:
.
Nollittle established track record in Federal Way for hosting/producing such a
large and complex event.
Use of all of saved-up lodging tax carry-forward revenues to produce first-year
event.
.
Memo to FEDRAC, 4/4/04
Korean Sports and Cultural Festival
Page 4 of 5
.
Concern over community's ability to muster up sufficient and reliable volunteer
organization to staff and eventually take over the event.
Concern over some_of the assumptions. Will attendance grow? Will
sponsorships rise? Will a ticketed event work after first year?
Overall concern regarding sustainability of the event after the professional
producers hand over the event to the community (with their assistance as
consultants to the extent needed/affordable).
.
.
Previous FEDRAC Consideration
On 3/9/04 the FEDRAC Committee met to consider this issue and raised concerns over the
following issues: desire for a more complete presentation of the proposal (including potential
presence of the events planners who could answer detailed questions); the level of City (lodging
tax) funding projected as necessary; whether the work needed to produce this event can still
reasonably be accomplished in the remaining time; and the implications of draft State Auditor's
opinion that seemed to put into question whether the creation of events such as this would be an
allowable expenditure of lodging tax revenues.
Since that time, the City Attorney and Finance Director have had discussions with the State
Auditor's and Attorney General's Offices to try to clarify whether the expenditure for the event
would be appropriate. In mid-April the State Auditor's Office and the Attorney General's Office
responded that their position had changed. Instead the focus for their review would be to ensure
that communities employ an open and deliberative process for determining the expenditure of
lodging tax revenues (via a duly appointed lodging tax advisory committee); that such
expenditures continue to comport with the over-arching objective of promoting tourism; that such
lodging tax monies cannot be used to supplant general fund expenditures; and, that thorough
documentation of the decision-making process and associated expenditures be kept.
For this reason, staff believes that the proposed expenditure of lodging tax revenues to fund the
planning, creation and production of this or other events for the purpose of tourism promotion
would be permissible under State law, given the caveats mentioned above.
Lastly, you will find attached a timeline that includes a break-down of the planning and
production activities between now and the tentative date of May 2005, with an indication of those
activities already accomplished or already in progress.
LTAC RECOMMENDATION
The L T AC reviewed and considered the Korean Sports and Cultural Festival over the
past several months, starting in October 2003 and ending at its annual retreat on 2120/04.
The Committee's final recommendation to City Council was to approve the hosting of
this event in Federal Way and approve the expenditure of up to approximately $176,000
in lodging tax revenues to produce the first-year event. The Committee tentatively
identified that up to $170,000 of this funding would be available from carry-forward
funds within the Lodging Tax fund balance, available as of the end of 2003.
This concept has been shared with several key community organizations who had the
following general responses:
Memo to FEDRAC, 4/4/04
Korean Sports and Cultural Festival
Page 5 of 5
. The Korean Consul General and his staff indicated enthusiastic support for the
idea, including an indication that the Korean government would likely have grant-
funding availability, although no official Korean government response has been
given.
. The Federal Way Korean Community Leaders expressed overwhelming support
for the event at their 12/18/03 quarterly meeting, including an enthusiastic show
of hands when asked who present would be willing to volunteer over the next year
and a half to produce this event.
. The Federal Way Chamber expressed support and several volunteers surfaced at
their December Economic Vitality Committee meeting.
COMMITTEE ACTION
1. "I move to recommend that City Council approve the hosting of a Korean Sports
and Cultural Festival in 2005 and approve the expenditure of up to approximately
$176,000 in lodging tax revenue towards this event and to place this
recommendation on the May 18,2004, City Council agenda."
2. "I move not to approve the use of lodging tax revenues for the hosting of a
Korean Sports and Cultural Festival in 2005 and to place this recommendation on
the May 18,2004, City Council agenda."
APPROVAL BY
COMMITTEE:
Committee Member
Timeline
Spring 2005, Korean Sports & Cultural Festival
OCTOBER - DECEMBER, 2003
Focus - Start-up planning
Preliminary budget structure devised - DONE
Set planning team agenda for the year - DONE
Establish start-up event grid & timeline - DONE
Meet with Korean Consulate - DONE
JANUARY - MAY, 2004
Focus - Define the event scope & program & advisory group
Establish event assumptions and start up program narrative. -IN PROGRESS
Revise event assumptions and program narratives. - IN PROGRESS
Set event budget and update schedule. - IN PROGRESS
Establish sponsorship concept - DONE
Define volunteer organization, leadership and communications method - DONE
Target sponsor list -IN PROGRESS
Define planning staff roles and responsibilities - DONE
JUNE - AUGUST, 2004
Focus - Finish big picture planning
Establish event assumptions and refine program narrative
Revise event assumptions and program narratives
Make key contacts for program elements (local, national, international)
Hold volunteer committee meeting & establish timeline for committee.
Set event budget and update schedule
Determine budget line item accountability
Meet with key volunteers in small-groups
Establish initial space use plan & décor
Define sponsorship plan and benefits
Determine key volunteers and master volunteer list.
Develop Graphic Design plan & hire designer
Target sponsor list '
Develop media plan & community awareness plan
Develop web-site and registration plan
Develop English-Korean language plan
Final event budgets established.
Write sponsorship proposals
Define tourism plan in regional area
Planning team finalize direction for event theme & aesthetics
Develop ticket-price structure and scale venues as needed.
Determine financial control, cash flow estimate and payment policy.
Create contract format and requirements (I/C, w-9, SS, payment terms)
Define program grid and plan of attack
Planning document by The Workshop.
Page I
SEPTEMBER - OCTOBER, 2004
Focus - Prepare for final producing push
Timeline & budget updates.
Confirm graphic design
Final marketing plan
Put tourism plan in effect
Prepare descriptions of events and activities
Develop site plan.
Contract artists & performers
Develop performance stages, placements and tech specs
Design the backstage space: dressing rooms, production offices, catering, sponsor area, and other
needs.
First draft of venue drawings.
Develop tix sales plan.
Establish on-site sponsorship fulfillment plan.
Define volunteer organization, hospitality and other needs.
Develop merchandise sales plan if needed.
Invite speaking guests and for opening program (Mayor, other elected, etc)
Revise meeting dates, timelines & goals (advisory group & City)
NOVEMBER - DECEMBER, 2004
Focus - Ramp up production planning
Develop guest services plan incorporating coordination of guest arrivals, registration, coat check, gift
distribution, hospitality, and communications.
Press packets complete
Billboard plan
Site & Perimeter plan.
Arrange hotel accommodations as required.
Create credential plan.
Develop plan to handle government officials and community relations.
Develop sponsorship hospitality areas as needed,
JANUARY - FEBRUARY, 2005
Focus - Tie together guest services, artistry, production & promotional plans
Begin initial PR campaign,
Determine event staff, advisory and City assignments.
Hold all-staff meeting to review assumptions and overall event plan to make sure we are on-track
towards achieving the highest quality, and all of goals for the event
Develop food service plan as needed.
Parking plan,
Define on-site sponsorship plan.
Develop media production plan (camera truck parking, on-site shot locations (with audio feeds and
power as needed), and a press interview area, if requested.
Determine performing artist's photo and video restrictions during the artist advance process.
Arrange artist hospitality and dressing room requirements.
Arrange artist meet and greet with client VIPs or guests if possible.
Planning document by The Workshop.
Page 2
Schedule cargo vans, forklifts and equipment trucks,
Establish admissions & crowd management policies
Define signage plan
Arrange artist transportation if required.
Load-in and load-out plan.
Determine communications plan.
Determine labor & stagehand schedule.
Develop initial guest list and comp plan.
Define security plan.
Define crisis management plan
Begin community multi-language signage plan
MARCH,2005
Focus - Stay on budget, push the quality higher
Regional print ads.
Vendor bids.
Procure permits.
Determine power distribution plan.
Design security schedule if needed
Establish dress wear standards for crew, staff and servers
Select food & beverage menu as needed
Select table décor, chairs, coverings
Select evenings colors and determine depth of décor
APRIL, 2005
Focus - Fully commit the production and focus the programs
Local & regional print ads
Draft & final ESO
Arrange parking for vendor vehicles and VIPs.
Create event credentials
Produce event and sponsor signs as needed.
Advance talent
fTENTATIVE MAY, 20051
Focus - Fulfill and the Event
Radio campaign TV spots
Procure site & programming equipment, supplies and rentals.
Distribute ESO to planning staff
Train staff
Event
JUNE,2005
Focus - Wrap it up, close the books and say thanks
Wrap-up/Evaluations
Financial wrap-up, close the books
Thank-you's
Distribute last monthly progress report to planning staff
Planning document by The Workshop.
Page 3
CITY OF FEDERAL WAY
MEMORANDUM
Date:
To:
Via:
From:
Subject:
March 2, 2004
Finance, Economic ev~opment and Regional Affairs Committee
David H. osele, tanager
Patrick Doherty, t eputy irector, Community Development Services
Korean Sports and Cultural Festival
BACKGROUND
Pursuant to its City Council-approved 2003-2004 work plan and budget, the Lodging Tax
Advisory Committee (L T AC) hired events planning consultants to study the local/
regional events "market," identify any event-market niches that Federal Way could
potentially fill, and propose two or three new major annual events designed to attract
visitors to the City from throughout the region and beyond.
The events planners identified two community strengths around which new events could
be formulated: amateur sports and the community's sizable and recognized Korean-
American population.
As you know, related to the amateur sports concept, the City Council has approved
expenditures associated with hosting a Reebok Women's Triathlon in September 2004
and 2005, with an option to continue that event in future years.
Korean Sports and Cultural Festival
After studying the regional event market, our events planning consultants discovered that,
while dozens of ethnic-themed cultural events exist throughout the region and state, no
sizable event exists devoted to Korean and Korean-American culture and sports. In fact,
very few such events exist in the nation, with festivals in Honolulu and New York being
the two major exceptions, in addition to more focused events, such as a film festival in
Los Angeles.
Federal Way has one of the highest proportions of Korean-Americans among its
population and serves as a recognized cultural, business and geographic hub of the
Korean-American population that ranges chiefly from Edmonds to Lakewood. In
addition, Federal Way has a prosperous and active relationship with our Korean sister
city, Donghae, as well as established personal and professional connections with both
local and in-country Korean commercial and government entities.
Memo to FEDRAC, 3/2/04
Korean Sports and Cultural Festival
Page 3 of 5
.
Attendance assumptions range from 5,000-10,000 the first year on to
approximately 20,000 or more by the third year. Ethnic/cultural events in Seattle
(e.g., Cherry Blossom Festival, Chinese New Year, Fiestas Patrias, etc.) routinely
attract 20,000 to 30,000 for weekend events of a smaller scale.
Budgetary assumptions and City of Federal Way contributions are summarized
for the first, second and third years in the following table (see "Sample Three-
Year Budget" table in Attachment A for details):
.
YEAR EXPENSES REVENUES CITY FUNDING
2005 $229,000 $53,000 $176,000
2006 $167,000 $127,000 $42,000
2007 $187,000 $162,000 $25,000
.
Key assumptions in budget:
0 Sponsorship monies (corporate, local and Korean): $30,000, $45,000 and
$55,000 for years 1,2 and 3, respectively
0 Grant monies (Korean govt, King Co Cultural Dev Authority, e.g.):
$16,000, $20,000 and $25,000 for years 1,2 and 3.
0 Year 2 initiate fee for weekend-long event pass (average ticket price of
$3.50, averaged between youth and adults prices)
Pros and Cons
Benefits of the Festival that have been expressed include:
.
Preliminary economic impact figures, based on direct spending by attendees only
(doesn't count purchasing and rentals for event production or multiplier effects):
0 Year I: $200,000
0 Year 2: $300,000
0 Year 3: $400,000
.
Enhanced community profile and image regionally and nationally. Could be a
"signature event" for the community.
Increase range of attractions for visitors and tourists.
Could increase Federal Way's role in KoreanlPacific Rim trade opportunities.
.
.
Liabilities related to this Festival for the City that have been expressed include:
. No/little established track record in Federal Way for hosting/producing such a
large and complex event.
. Use of all of saved-up lodging tax carry-forward revenues to produce first-year
event.
Memo to FEDRAC, 3/2/04
Korean Sports and Cultural Festival
Page 5 of 5
COMMITTEE OPTIONS
1. "I move to recommend that City Council approve the hosting of a Korean Sports and
Cultural Festival in 2005 and approve the expenditure of up to approximately
$176,000 in lodging tax revenue towards this event and to place this recommendation
on the March 16,2004, City Council Agenda."
2. "I move to not approve the use of lodging tax revenues for the hosting of a Korean
Sports and Culture Festival in 2005 and to place this recommendation on the March
16,2004, City Council Agenda."
APPROVAL BY COMMITTEE:
Eric Faison Chair
Jeanne Burbidge
Jim Ferrell
k¡r~ H MGNr A
Korean Festival
Sample Three-Year Budget -- 1/9/04
#1
Expense Projections ..... ..~ ~ ...'.......... ... ,'.....' ..2004/2005. .."..~.. >2006< 2007
PROGRAMMING $ 25,000.00 $ 35,00000 $ 45,000.00
Talent Fees $ 12,00000
Travel $ 8,00000
Hotel $ 3,00000
Per Diem $ 2,000.00
MARKETING $ 28,000.00 $ 35,000.00 $ 38,000.00
Graphic Design $ 5,000.00
Press Releases/Kits $ 1 ,50000
Promotion Printing $ 2.70000
Poster $ 5,00000
Advertising $ 10,00000
Documentation $ 1 ,00000
Press Relations $ 500.00
Sponsor Relations $ 1,000.00
Public Information $ 500.00
Promotional Administrative $ 800.00
PLANNING STAFF $ 86,450.00 $ 40,00000 $ 33,750.00
Producer Staff $ 48,750.00 $ 15,00000 S 7,50000
Event Staff $ 37,700.00 $ 25,00000 $ 26,25000
PRODUCTION & OPERATIONS EXPENSE $ 31,000.00 $ 40,00000 $ 50,000.00
Admissions $
Production Admin $ 800.00
Venue and Public Transportation $
Security & Public Safety $ 2,000.00
Perimeter $
Stage/Lights/Sound $ 4,000.00
Stage Backdrops $ 800.00
Electrical $ 1,200.00
Catering $ 800.00
Site Production $ 5,00000
Crew $ 3,00000
Site EnhancementlDécor $ 2,00000
Signage $
Booth & Displays $ 1,000.00
Concessions $ 500.00
Finance & Banking $ 500.00
InsurancefT axeslProfessional Fee's $
Various/Other $ 125.00
Expense Subtotal $ 170,45000 $ 150,00000 $ 166,75000
In-Kind Offset $ (21,000.00) $ (21,000.00) $ (21,000.00)
Contingency (8%) $ 13,636.00 $ 12,00000 $ 13,340.00
TW Overhead/Profit (225%) $ 40,498.92 $ S
City Coordinator (1/2 time) $ 25,000.00 $ 26,250.00 $ 27,562.50
EXPENSE GRAND TOTAL $ 228,584.92 $ 167,250.00 $ 186,652.50
#2
#3
#4
#5
#6
#7
RevenueProjections............ ... .......'...... .... ,
Sponsors (minus %) $ 30,00000 $ 45,00000 $
Concessions & Booth Sales $ 3,00000 $ 4,00000 $
Merchandise $ $ 1,00000 $
Grants/Govemment $ 16,00000 $ 20,00000 $
Concert Ticket Sales $ 4,000.00 $ 4,50000 $
Event Ticket Sales n/a $ 52,50000 $
Other $ $ $
--..--. - - - -~--- ----
REVENUE GRANO TOTAL $ 53 000.00 $ 127000.00 $ 162000_00
CITY OF FEDERAL WAY CONTRIBUTION $ 176,000.00 $ 42,000.00 $ 25,000,00 # 1 2
#8
55,000.00 #9
5,000.00 #10
2,00000
25,000.00
5,000.00
70,000.00 # 11
Korean Festival
Sample Year-One Budget -- 1/9/04
Expense Projections í1Q.Q:! m TOTAL
MARKETING, ~~"" ' , ,.:~.:~. 'tc""""\:"; ,,' ~~:~",.;.¡....tS I"f!',' '~'IDJXX).oo ~SIA!~', ',"ò,\~8~ 00 J :~:t¡t;;l~j5~:i!i;~~~I.~q..P!I.
.,-.-.--.,.:" "':~J~';.~~.:.;'t-~.:;;"?';:i~l::<.;¡'~'St.it~."...~<::...,;,.;:~'~ '¡.....<~~".,.: ..~~1(~{;~:;;:.~",...;,..
Graphic Design $ 5,000.00
Press ReleaseslKits $ 1,500.00
Promotion Printing $ 2,700.00
Poster $ 5,000.00
Advertising $ 10,000.00
Documentation $ 1,000.00
Press Relations $ 500 . 00
Sponsor Relations $ 1,000.00
Public Information $ 500 . 00
Promotional Administrative $ 800.00
PRoGRAMMING',;".;:,. ",: ., ',ó ..' .$ :}:~;~..~,L", . 24.000.00 $..: "'.:25000.00
...,.....".--..""'......".. ' " .,"', ." .'.' .. " ." ...... ,,'" .' '. I". ""
Talent Fees $ 12,000.00
Travel $ 8,000,00
Hotel $ 3,000.00
Per Diern $ 2,000.00
è..~Lij§.s.!ÄËt,&71.;~~;:::¿':")iD.Œ: ~;~:"" ' .';:,:'ii~.t.;:~~2i';~.~.~~J.!~~,~~;tam[\r.:: '.~~.:~!!D.~ ~ :~:,S.:Id~¡~~ ~ ' i :j6.~Q;9ò..
Producers (Dox, Kris) $ 30,000.00 $ 18.750.00 $ 48,750.00
,.~~~.(~~.~~~.~gr,.PR.~ngr) .' '" $ 13,000.00 $ 24.700.00 $ 37,700.00
P~9~t4.f11.Qt4...~ Q.I)ERA TION~E?C.~.!=.~SE '. .:~~ $ ;/s;~~::r.?'.:;":>: . "~~.,~ $':-:'..".'>:::'i~,)1,O.~q:~'
., . .,'. .
Admissions $ -
Production Admin $ 800.00
Venue and Public Transportation $ .
Security & Public Safety $ 2,000.00
Perimeter $ .
StagelUghtslSound $ 4,000.00
Stage Backdrops $ 800 .00
EIec1rical $ 1,200.00
Catering $ 800.00
Site Production $ 5,000.00
Crew $ 3,000.00
Site EnhancemenVDécor $ 2,000.00
Signage $ .
Booth & Displays $ 1,000 . 00
Concessions $ 500 . 00
Finance & Banking $ 500 .00
InsurancefTaxeslProfessional Fee's $ .
Various/Other $ 125.00
Expense Subtotal $ 59,000.00 $ 111,45O.QQ $ 170,450,00
Contingency (8%) $ 4,72Q.00 $ 8.916.00 $ 13,636.00
TW OverheadlProfit 122%) $ 14.Q18.40 $ 26,480.52 $ 40 498.92
SUBTOTAL $ n,738.40 $ 146.846.52 $ 224,584,92
City Cooroinator $ 12,500.00 $ 12.500.00 $ 25,000.00
EXPENSE GRANO TOTAL $ 10.238.40 $ 159,346.52 $ 249 584.92
Revenue Projections
City of Federal Way Contribution $ n,SOOoo $ 98,500.00 $ 176,000.00
Sponsors (minus %) $ $ 30,000.00 $ 30,000,00
Concessions & Booth Sales $ $ 3,000.00 $ 3,000.00
Merchandise $ $ $ .
Grants/Government $ $ 16,000.00 $ 16,000,00
Concert TICket Sales $ $ 4,000.00 $ 4,000.00
Event TIcket Sales $ $ . $ -
In.Kind (City, Community, Consulate) $ $ 21,000.00 $ 21,000.00
Other $ $ $ -
REVENUE GRANO TOTAL $ n,500.OO $ 172,500.00 $ 250,000.00
Korean Festival
Sample Program Grid -- 1/9/04
Samole Soortina Events
øaseban
Saccer
West Caast K"""an Swimming Championship
Diving
T aekwanda
Galf
Player appearances
Martial arts exhibition
Somal. Cultural Events
aassical artist with FW SO
Pop Singer/cancert
Book reading/signings
Arts & Crafts shaw
Asian fashion show
Food event
film festival
Opening ceremony at crafts haft
Exhibit hall & festival site opens
Food Booths open
VIP hospita~ty opens
Hotel hospitality room opens
Exhibit hall & festival site opens
Food Booths open
Music begins
Samole Other Event
Welcome Programs at hotels
Veterns parade/celebration
Performer appearances
Pre-£vent
aub Event
Press Canference
Exhibit hall & festival site opens
Food Booths apen
Music begins
luncheon, awards, fashion show Hotel hospitality room opens
Hotel hospita~ty room opens Exhibit beverage garden begins
Exhibit beverage garden begins Füm Festival begins
Sports fuN schedule. multi venue VIP hopsitality opens
Taekwondo Afternoon concert begins
Diving
Swimming
Opening nite receptions Film Festival opening reception
Music Exhibit beverage garden begins
Sports Opening Cen.
Film Festival begins
VIP hospitality opens
Afternoon concert begins
Afternoon cultural program begins
Sports conclude, awards ceremony
Finale reception begins
Exhibit han doses
Evening concert begins
EveniÓg main concert begins Evening main concert begins
Eveninsl dub entertainment ~ Evening dub entertainment begins
Film festival begins Exhibit haM doses
Exhibit haM doses
Late niqht ~ and dub ope Late night program and dub opens
Sports reception begôns Sports reception begôns
Korean Festival
Staff Planning Organization --1/9/2004
Advertising
Graphic Design
Press Relations
Sponsorship Fulfilment
Film
Arts/Entertainment
Sports
Community Volunteers
Master Budget
Accounting
Committee Uaison
Oversee Community Relations
Public Information
Programming
Community Relations
Volunteer Planning
Sponsorship Recommendations
Korean Consulate Liaison
Site Design
Budget Management
Master Timeline
Supervise Event Management Team
Sponsorship Management
Oversee Advertisin
,en ,a e
Coordinate Event Team
Establish and Track Timeline
Track Expenses and Revenue
Develop On-Site Communications
Oversee Public Safety planning
Permitting and Insurance
Develop Admissions Plan/Procedures
Oversee Public Information
Oversee Décor
Develo Contracts and Contractin Procedures
fitS .'.':-Q,
Recruit Volunteers
Schedule Volunteers
On-Site Volunteer Management
Solicit Exhibitors
Exhibit Hall Management
Exhibitor Coordination
Merchandise Mana ement
Staging, Ughts, AudioNisual Procurement
, Venue Relations
Signage
Security
Transportation
Site Production
Credentials
Ma sand Draftin
Korean Festival
Sample Volunteer Schedule -- 1/9/04
Pre-Event
Kev CommunitY Volunteers
(4 month commitment)
2x Sports Director
1 x Arts Director
1 x Volunteer Director
1 x Film Festival Director
TW Staff Reauired
Event ,& Production Manager
Marketing & PR Manager
IIC Event Staff
Communications & Admin Asst
Production Coordinators
Crew
Runner
Citv Event Staff
Exhibit Manager & Vol Coord
Event
Volunteer Schedule
Pre-Event 320 hours total (8 people x 40 hours each)
Mailings, admin, copies, letters, job descriptions, training manuals, venue specs, volunteers & Sched, specific production jobs
Wednesday
7x positions in 2 shifts (1 0:00am-2:00pm; 1 :30pm-4:30pm)
1x Film Asst (Special hours)
2x Registration (Special hours)
2x Talent Host (Special hours)
2x Volunteer Assts
Thursday
lOx positions in three 4hr shifts (1 0:00am-2:00pm; 1 :30pm-4:30pm; 4:00pm-8:00pm)
1 x Exhibit Asst
2x Sports Venue Asst
1x Film Asst
2x Registration
2x Talent Host
2x Volunteer Assts
Friday
(Special hours)
(Special hours)
(Special hours)
14x DOsitions in four 4hr shifts (8-30am-12-30pm- 12-00om-4-00om- 3-30-7-30pm- 7:00pm-11-00pm)
1 X Exhibit Asst
1 x Stage Asst
2x Sports Venue Asst
2x Art Venue Asst
1x Rim Asst
2x Registration
1 x VIP Hospitality
2x Talent Host
2x Volunteer Assts
Saturday
(Special hours)
(Special hours)
(Special hours)
(Special hours)
14x DOsitions in four 4hr shifts (8:30am-12:30om- 12:00om-4:00am: 3:30-7:30om: 7:00om-11-00om)
1 x Exhibit Asst
1 x Stage Asst
2x Sports Venue Asst
2x Art Venue Asst
1x Film Asst
2x Registration
1x VIP Hospitality
2x Talent Host
2x Volunteer Assts
Sunday
(Special hours)
(Special hours)
(Special hours)
(Special hours)
14x positions in four 4hr shifts (8-30am-12-30om- 12-00om-4-00om- 3-30-7:30om- 7-oopm-11-00pm)
1 x Exhibit Asst
1 x Stage Asst
2x Sports Venue Asst
2x Art Venue Asst
1x Film Asst
2x Registration
1 x VIP Hospitality
2x Talent Host
2x Volunteer Assts
(Special hours)
(Special hours)
(Special hours)
(Special hours)
Sx positions in 2 shifts (1 0:00am-2:00pm; 1 :30pm-4:30pm)
1 x Film Asst (Special hours)
2x Talent Host (Special hours)
2x Volunteer Assts
Monday
Post-Event
40 hours total (4 people x 10 hours each)
Mailings, admin, copies, letters, wrap up
Korean Festival
Notes & Assumptions
#1. Not for Profit Status
The goa¡"is to develop a non-profit organization to own and oversee the Korean Festival.
The Workshop will work with this organization to develop the festival and assist in the
development of the organization's mission and goals.
#2. Programming
The Festival Program is scheduled to improve and increase the number of performances
the second and third years. The budget reflects this increase.
#3. Marketing
Marketing expenses will increase in 2006/2007 as the number of performances and ticket
sales increase. The budget reflects those numbers.
#4. Planning staff
The Workshop will develop and train the festival staff, so this staff can run the Festival in
2006. A 5% COLA increase is budgeted for subsequent years.
The Workshop will produce the 2005 Festival and then relinquish this producing role to
staff for 2006. The Workshop will act as consultants for the 2006/2007 events.
#5. Production
Production expenses will increase in 2006/2007 as the number of performances and
attendance increases. The budget reflects these increases.
#6. In-kind
It is a goal to procure a fair amount of in-kind contributions from the community, private
business, sponsors and governments. This in-kind is shown as an off-set against expenses
in this budget.
#7. City Coordinator
A contractor will be hired to represent the City's event interests and the handle the
Korean Festival volunteer system and exhibits. This person is budgeted for six months,
halftime over the next two years for a total cost of$25,000 to the 2005 budget.
#8. Attendance
Attendance estimates are based on research of events of similar size cities adjacent to
major metropolitan areas.
Year 1: 5,000 -10,000
Overnighters (based on 20%): 1,000 - 2,000 people
Revenue: $75,000 - $150,000 (average $75pp)
Day trippers: 4,000- 8,000 people (average $25pp)
MEETING DATE:
November 2, 2004
ITEM#
'~V/j (
CITY OF FEDERAL WAY
City Council
AGENDA BILL
SUBJECT: AMENDMENTS TO FEDERAL WAY CITY CODE (FWCC) CHAPTERS 18 AND 22, CRITICAL AQUIFER
RECHARGE AREAS AND WELLHEAD PROTECTION
.......... .. ...................................................................................... ...........................................
CATEGORY:
BUDGET IMPACT:
D
D
D
CONSENT
RESOLUTION
CITY COUNCIL BUSINESS
~ ORDINANCE
D PUBLIC HEARING
D OTHER
Amount Budgeted:
Expenditure Amt.:
Contingency Req'd:
$
$
$
ATTACHMENTS: (1) Proposed Ordinance with Exhibit A (Amendments to FWCC Section 22-1, "Definitions"; FWCC Chapter 22,
Article XIV, "Environmentally Sensitive Areas"; FWCC Chapter 22, Article IV, "Nonconformance"; FWCC Chapter 22, Article XIII,
Division 7, "Land Modifications"; and FWCC Chapter 18, "Environmental Protection"). (2) October 26,2004, Memorandum to the City
Council with Exhibit I-A. (3) October 11,2004, Memorandum to the Land Use/Transportation Committee (LUTe) with Exhibits 1-3. (4)
October 18,2004, Correspondence fÌom Mark -:\splund. (5) September 24,2004, Memorandum to the Land Use/Transportation Committee
(LUTe) with Exhibits 1-6. (Please note that due to their bulk, only Exhibit I and Exhibits A. B. and C of I are included in this packet. Exhibits D through
L of Exhibit I and Exhibits 2-6 are not included, but are available in the Council Conference Room.)
SUMMARY/BACKGROUND: The purpose of the proposed amendments is to protect Wellhead Protection Areas and Critical Aquifer
Recharge Areas (CARAs). The City is required by the Growth Management Act (OMA) to adopt regulations to protect CARAs. In addition,
the Lakehaven Utility District is required under federal and state law to implement a Wellhead Protection Program. The Planning
Commission held a public hearing on September 1,2004, and recommended approval of the proposed code amendments to the Land
Use/Transportation Committee and City Council.
CITY COUNCIL COMMITTEE RECOMMENDATION: The Land Use/Transportation Committee (LUTe) discussed the proposed
amendments during public meetings on October 4 and 18, 2004. During the October 4, 2004 meeting, the LUTC had a number of questions
regarding how the review process between the Lakehaven Utility District, Federal Way Fire Department, and City of Federal Way would be
coordinated. The LUTC was concerned about duplication of regulation and their imp:1ct on businesses that handle or store hazardous
materials. Staff responded to the LUTe's questions in an October 11, 2004 Staff Report. During the October 18,2004, presentation to the
LUTC, staffrecommended changes to the proposed amendments to reflect the LUTC "s concerns (See October 26,2004, Memorandum to the
City Council). The Planning Commission recommendation as amended by the LUTC is being forwarded to the full Council for first reading
on November 16,2004.
PROPOSED MOTION: "I move the LUTe's recommendation to approve the to FWCC Chapters 18 and 22, Critical Aquifer
Recharge Areas and Wellhead Protection, which are attached as Exhibit A to the proposed ordinance, to second reading and enactment on
:::':~:::~ APPRO V AL:~~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D
D
D
D
APPROVED
DENIED
T ABLED/DEFERRED/NO ACTION
MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1 ST READING
ENACTMENT READING
ORDINANCE #
RESOLUTION #
3i~
1:\2004 Code Amendments\Wellhead Protection\City Council\Exhibit A to Adoption Ordinance\110204 AGENDA BILLdoc1lO/27/2004 9:27 AM
CITY OF FEDERAL WAY
~RAFT
I o/¿ Yóy
ORDINANCE NO. 04 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 18
(ENVIRONMENTAL PROTECTION) AND 22 (ZONING), RELATED TO
PROTECTION OF CRITICAL AQUIFER RECHARGE AREAS AND
WELLHEAD PROTECTION AREAS.
WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly
revised the Federal Way City Code (FWCC) Chapter 22 (Zoning);
WHEREAS, the City of Federal Way finds that amending FWCC Chapter 18 (Environmental
Protection) and FWCC Chapter 22 (Zoning) to add new definitions related to Wellhead Protection Areas
and Critical Aquifer Recharge Areas and to modify existing sections of Chapter 22, Article IV
(Nonconformance); Article XIII, Division 7 (Land Modifications); and Article XIV (Environmentally
Sensitive Areas) meet the intent of Chapter 36.70A RCW, Growth Management;
WHEREAS, the City of Federal Way finds that these code amendments will implement and are
consistent with the Federal Way Comprehensive Plan;
WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code
amendments on September 1, 2004, and forwarded a recommendation of approval to the City Council;
WHEREAS, the LandlUse Transportation Committee of the Federal Way City Council considered
these code amendments on October 4, and October 18, 2004, following which it recommended adoption
of the text amendments as recommended by the Planning Commission and amended by the Land
Use/Transportation Committee;
WHEREAS, the City Council finds that the code amendments relating to protection of Wellhead
Protection Areas and Critical Aquifer Recharge Areas are consistent with the intent and purpose of
Ord No. 04 -
, Page I
FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general
public.
Now, THEREFORE, THE CITY COUNCIL OF THE CiTY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way
finds that the proposed code amendments will protect and will not adversely affect the public health,
safety, or welfare.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the
Findings set forth in Section I, the Federal Way City Council makes the following Conclusions of Law
with respect to the decisional criteria necessary for the adoption of the proposal:
1.
The proposed FWCC text amendments are consistent with, and substantia1ly implement, the
Federal Way Comprehensive Plan concept to preserve the natural environment by adopting
poJicies and regulations to protect the quaJity of groundwater, aquifer recharge areas, and
we1lhead protection areas.
2.
The proposed amendment bears a substantial relationship to pubJic health, safety, and
welfare because it provides regulations that will protect the City's drinking water supply.
These regulations establish Critical Aquifer Recharge Areas and We1lhead Protection
Areas, within which certain activities could present a risk of contaminating the City's
drinking water supply. A review process is established for proposed activities within these
areas whereby potential risks to drinking water can be identified and mitigated through the
environmental review process.
3.
The proposed FWCC text amendments are in the best interest of the residents of the City
because they provide for increased protection of the residents' primary supply of drinking
water.
Section 3. Amendment. FWCC Chapters 18 and 22 are amended as set forth in the attached Exhibit A.
Section 4. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invaJidity of the application thereof to any person or circumstance, sha1l not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Ord No. 04 -
, Page 2
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on
day of
,2004.
the
ApPROVED:
Mayor, Dean McColgan
A TIEST:
City Clerk, N. Christine Green, CMC
ApPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No:
1:\2004 Code Amendments\WelIhead Protection\City CounciI\Exhibit A to Adoption Ordinance\Adoption
Ordinance.doc/1 0/26/2004 2:49 PM
Ord No. 04 -
, Page 3
EXHIBIT A
TO ADOPTION ORDINANCE
FEDERAL WAY CITY CODE
CHAPTER 22. ARTICLE I.
22-1
Definitions.
The following words, terms and phrases, when used in this chapter, sha1l have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Abandoned means knowing reJinquishment, by the owner, of right or c1aim to the subject property or
structure on that property, without any intention of transferring rights to the property or structure to
another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" shall
include but not be limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure.
Abandoned personal wireless service facility means a PWSF that meets the fol1owing:
(1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or
(2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60
or more consecutive days; or
(3) The antenna has been re1ocated at a point less than 80 percent of the height of the support
structure; or
(4) The number of transmissions from an antenna has been reduced by 75 percent for a period of
60 or more consecutive days.
Accessory means a use, activity, structure or part of a structure which is subordinate and incidental to
the main activity or structure on the subject property.
Accessory dwelling unit (ADU) means either a freestanding detached structure or an attached part of a
structure which is subordinate and incidental to the main or primary dwe1ling unit located on the subject
property, providing complete, independent living facilities exclusively for one single housekeeping unit,
inc1uding permanent provisions for Jiving, sleeping, cooking and sanitation.
ADU, attached means an accessory dwel1ing unit that has one or more vertical and/or horizontal
walls, in common with or attached to the primary dwe1ling unit.
ADU, detached means a freestanding accessory dwe1ling unit that is not attached or physically
connected to the primary dwelJing unit.
Accessory hardship dwelling unit means an attached ADD which satisfies the criteria set forth in
FWCC 22-633.
Accessory living facility means an area or structure on the subject property, which is accessory to a
permitted use on a commercial subject property, providing provisions for Jiving, cooking, sleeping and
sanitation for an employee on the subject property and that employee's family, or for the business
owner/operator and that person's family.
Adjoining means property that touches or is directly across a street from the subject property. For the
purpose of height regulations, any portion of a structure which is 100 feet or more from a low density
zone is not considered to be adjoining that zone,
Adult entertainment activity or use shal1 mean al1 of the following:
(1) Adult theater shall mean a building or enc1osure or any portion thereof used for presenting
material distinguished or characterized by an emphasis on matter depicting, describing or relating to
specified sexual activities or specified anatomical areas (defined as fol1ows) for observation by patrons
therein and which exc1udes minors by virtue of age.
a. Specified anatomical areas sha1l mean böth of the fo1lowing:
1. When less than complete1y and opaquely covered:
i, Human genitals or pubic region;
ii. Human buttock;
iii. Human female breast be1ow a point immediately above the top of the areola;
2. Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
b. Specified sexual activities shall mean all of the following:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttock or breast.
(2) Adult bookstore shall mean an establishment which in whole or in portion thereof has a
substantial or significant portion of its stock and trade books, magazines or other periodicals, which are
distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified
sexual activities" or "specified anatomical areas" and which excludes minors by virtue of age.
(3) Adult cabaret shall mean a cabaret, nightclub or other establishment which features go-go
dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who
are so clothed or dressed as to emphasize specified anatomical areas and/or whose performances or other
activities include or mimic specified sexual activities and which establishment excludes minors by virtue
of age,
Activities and uses defined as "adult entertainment activity or use" are only permitted in the zone
where that term is specifically listed as an allowable use and only in conformance to the requirements as
stated for that use.
Agricultural use means any agricultural, stable or livestock use listed as an allowable use in the
suburban estate zones.
Air rights means the right to, in some manner, control the use of the space above the surface of the
ground.
AKART means". . . all known, available and reasonable methods of prevention, control and treatment"
as interpreted in the Washington Administrative Code (WAC 173-201A-020). This is a technologv-based
approach to limiting pollutants from wastewater discharges, which requires both an engineering and
economic judgment.
Alluvium means soil deposits transported by surface waters,
Antenna(s) means any system of electromagnetically tuned wires, poles, rods, reflecting discs or
similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based
points, including, but is not limited to:
(1) Omni-directional (or "whip ') antenna(s) transmits and receives radio frequency signals in a
360-degree radial pattern.
(2) Directional (or "pane!') antenna(s) transmits and receives radio frequency signals in a
specific directional pattern of less than 360 degrees.
(3) Parabolic antenna(s) (or "dish ') antenna(s) is a bowl-shaped device for the reception and/or
transmission of communications signals in a specific directional pattern.
(4) Ancillary antenna is an antenna that is less than 12 inches in its largest dimension and that is
not directly used to provide personal wireless communications services. An example would be a global
positioning satellite (GPS) antenna.
Applicant means both of the following, depending on the content:
(1) A person who applies for any permit or approval to do anything governed by this chapter,
which person must be the owner of the subject property, the authorized agent of the owner, or the city.
(2) Any person who is engaging in an activity govemed by this chapter or who is the owner of
property subject to this chapter.
Aquifer means a water-bearing porous soil or rock strata capable ofvielding a significant amount of
groundwater to wells or springs.
Average building elevation (ARE) means a reference datum on a subject property from which
building height is measured. ABE is 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; provided, that ABE
shall not be greater than five feet above the lowest existing or proposed elevation.
FWCC - Section 22-1, Definitions
Page 2
Average slope means the average grade of land within each land area representing a distinct
topographical change.
Backfill means material placed into an excavated area, pit, trench or behind a constructed retaining
wall or foundation.
BMP's or Best Management Practicers) means maintenance measures and operational practices that
are considered the most effective, practical means of preventing or reducing pollution from nonpoint or
point sources. BMPs are defined by trade organizations, government agencies, and other organizations
involved in pollution prevention and environmental regulation.
Building means a roofed structure used for or intended for human occupancy.
Building mounted signs means aU of the following: Wall-mounted signs, marquee signs, under
marquee signs and projecting signs.
Bulkhead means a wall or embankment used for retaining earth.
Business or vocational school means a post-secondary institution that offers instruction in business
principles and practices that will enhance one's ability to perform in a business setting, i.e., secretarial,
accounting, purchasing, computer programming or usage, or training in fields such as health services,
restaurant management, real estate, beautician training, or professional training or continuing education in
these or similar fields.
Cell-on-wheels (C-O-W) means a mobile temporary personal wire1ess service facility.
Cemetery means land used or intended to be used for the burial of the dead and dedicated for
cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses,
when operated in conjunction with and within boundaries of such cemetery.
Change of use means a change of use detennined to have occurred when it is found that the general
character of the operation has been modified. This detennination shall inc1ude review of, but not be
limited to:
(1) Hours of operation;
(2) Required parking;
(3) Traffic generation;
(4) General appearance;
(5) Type, extent or amount of indoor or outdoor storage; and
(6) Constituents of surface water discharge or runoff.
Church, synagogue or other place of religious worship means an establishment, the principal purpose
of which is religious worship and for which the principal building or other structure contains the
sanctuary or principal place of worship, and which establishment may inc1ude related accessory uses.
Class I home occupation means those home businesses that qualify as home occupations under this
zoning chapter, except family child care homes.
Class II home occupation means those family child care homes that qualify under FWCC 22-1069.
College or university means a post-secondary institution for higher learning that grants associate or
bache1or degrees and may also have research facilities and/or professional schools that grant master and
doctoral degrees. This may also inc1ude community colleges that grant associate or bachelor degrees or
certificates of completion in business or technical fields.
Collocation means the placement and arrangement of multiple providers' antennas and equipment on
a single support structure or equipment pad area.
Commercial recreation facility means an indoor facility and use operated for profit, with private
facilities, equipment or services for recreational purposes including swimming pools, tennis courts,
playgrounds and other similar uses. The use of such an area may be limited to private membership or may
be open to the public upon the payment of a fee.
Commercial use means the uses allowed in the commercial zones and not pennitted in any other
zones of the city.
Commercial zones means the BN, BC, CC-C and CC-F zoning districts.
FWCC - Section 22-1, Definitions
Page 3
Common recreational open space usable for many activities means any area available to all of the
residents of the subject property that is appropriate for a variety of active and passive recreational
activities (including activities suitable for all age groups) and is not:
(1) Covered by buildings or parking or driving areas,
(2) Covered by any vegetation that impedes access.
(3) On a slope that is too steep for recreational activities.
Community recreation area or clubhouse means an area devoted to facilities and equipment for
recreational purposes, such as swimming pools, tennIS courts, playgrounds, community clubhouses and
other similar uses, which area is maintained and operated by a nonprofit club or organization whose
membership is limited to the residents within a specified development or geographic area.
Comprehensive plan means the ordinances of the city, as adopted and amended from time to time,
under RCW 35A.63.060 through 35A.65.080 and the shoreline master program.
Contour line means the interconnection of points having the same height above sea level.
Convalescent center means an inpatient facihty, excluding facilities defined as hospitals, for patients
who are recovering from an illness or who are receiving care for chronic conditions; mental, physical,
emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include
assisted living facilities.
Critical aquifer recharge areas means areas in which water reaches the zone of saturation by surface
infiltration. These areas are hydro-geologically susceptible to contamination and contamination loading
potential including, but not limited to. such areas as sole water source aquifer recharge areas, special
protection groundwater management areas. wellhead protection areas. and other areas with a critical
recharging effect on aquifers used for potable water.
Cross-section (drawing) means a visual representation of a vertical cut through a structure or any
other three-dimensional form.
Curb cut means the connection of a driveway with a street, which may entail a structural alteration to
the curb by lowering the height of part of the curb.
Day care facility means the temporary, nonresidential care of persons in a residence or other structure
on a regular, recurring basis.
Dedication means the deliberate appropriation of land by its owner for public use or purpose,
reserving no other rights than those that are compatible with the full exercise and enjoyment of the public
uses or purpose to which the property has been devoted.
Deleterious substance includes. but is not hmited to. chemical and microbial substances that are
classified as hazardous materials under FWCC 22-1, "hazardous materials." whether the substances are in
usable or waste condition. that have the potential to pose a significant groundwater hazard, or for which
monitoring requirements of treatment based standards are enforced under Chapter 246-290 WAc.
Development activity means any work, condition or activity which requires a permit or approval
under this chapter or the city's building code.
Development permit means any permit or approval under this chapter or the city's building code that
must be obtained before initiating a use or development activity.
Domestic animal means an animal which can be and is customarily kept or raised in a home or on a
farm.
Domestic violence shelters means housing for adult women or men and their dependent children, if
any, who are victims of domestic violence perpetrated by the spouse, domestic partner or significant other
of the adult victim.
Dredging means removal of earth and other materials from the bottom of a body of water or
watercourse or ITom a wetland.
Dredging spoils means the earth and other materials removed from the bottom of a body of water or
watercourse or ITom a wetland by dredging.
Driveway means an area of the subject property designed to provide vehicular access to a parking
area or structure located on the subject property.
FWCC - Section 22-1, Definitions
Page 4
Dry land means the area ofthe subject property landward of the high water line.
Dwelling unit means one or more rooms in a structure or structures, excluding mobile homes,
providing complete, independent living facilities exclusively for one family, including permanent
provisions for living, sleeping, cooking and sanitation. A factory-built home or manufactured home is
considered a dwelling unit under this chapter only if it meets the standards and criteria of a designated
manufactured home established in RCW 35A.63.145. There are the following three types of dwelling
units:
(1) Dwelling unit, attached, means a dwelling unit that has one or more vertical walls in common
with or attached to one or more other dwelling units or other uses and does not have other dwelling units
or other uses above or below it.
(2) Dwelling unit, detached, means a dwelling unit that is not attached or physically connected to
any other dwelling unit or other use.
(3) Dwelling unit, stacked, means a dwelling unit that has one or more horizontal walls in
common with or attached to one or more other dwelling units or other uses and may have one or more
vertical walls in common with or adjacent to one or more other dwe11ing units or other uses.
Easement means land which has specific air, surface or subsurface rights conveyed for use by
someone other than the owner of the subject property or to benefit some property other than the subject
property .
EMF means electromagnetic field, which is the field produced by the operation of equipment used in
transmitting and receiving radio frequency signals.
Equipment shelter means the structure associated with a PWSF that is used to house electronic
switching equipment, cooling system and back-up power systems.
Erosion and deposition means the removal of soils and the placement of these removed soils
elsewhere by the natural forces of wind or water.
Essential public facility is any facility or conveyance which has the following attributes:
(1) It is typically difficult to site due to unusual site requirements and/or significant public
opposition;
(2) It is necessary component of a system, network or program which provides a public service or
good;
(3) It is owned or operated by a unit of local or state government, private or nonprofit
organization under contract with or receiving government funding, or private firms subject to a public
service obligation;
(4) It meets a general and/or specific category for facility types or individual facilities listed
below in Class I and Class II essential public facilities.
a. Qltlss I: Facilities of a county, regional or state-wide nature. Those essential public
facilities intended to serve a population base that extends significantly beyond the boundaries of
the city, and which may include several local jurisdictions or a significant share of the Puget
Sound regional population. Such facilities may include, but are not limited to, the following:
I. State or regional education facilities (except minor branch facilities).
i. Research facilities;
ii, University branch campuses;
iii. Community college.
2. State or regional transportation facilities.
i. Light and/or standard rail lines;
ii, Commuter terminals;
iii. Transit centers;
iv. Park and ride lots in residential zones.
3. State or regional correctional facilities.
4. Solid waste handling facilities (large scale).
i. Transfer station;
FWCC - Section 22-1, Definitions
Page 5
ii, Recycling center.
S. Sewage treatment plants.
6. Power plants.
b. Class II: Facilities of a local nature. Those essential public facilities that are intended to
meet the service needs of the local community. In any cases local facilities are characterized by
providing some type of in-patient care, assistance, or monitoring. Such facilities may include, but
are not limited to, the following:
1. Substance abuse facilities.
2. Mental health facilities.
3. Group homes/special need housing.
4. Local schools.
i. Elementary school.
ii. Middle school.
iii. High school.
5. Social service transitional housing.
i. Domestic violence shelter.
ii. Homeless shelter.
iii. Work-release.
Excavate or excavation means the mechanical removal of soils and/or underlying strata.
Family means an individual or two or more individuals related by not more than four degrees of
affinity or consanguinity and including persons under legal guardianship, or a group of not more than five
persons who are not related by four or fewer degrees of affinity or consanguinity; provided, however, that
any limitation on the number of residents resulting from this definition shaH not be applied if it prohibits
the city trom making reasonable accommodations to disabled persons in order to afford such persons
equal opportunity to use and enjoy a dweHing as required by the Fair Housing Amendments Act of 1988,
42 USC 3604(f)(3)(b).
Family child care home means a business regularly providing care during part of the 24-hour day to
12 or fewer children (including the children of the day care provider) in the family abode of the person or
persons under whose direct care the children are placed.
Fastfood restaurant means an establishment which offers quick food service which is accomplished
through one or more of the foHowing mechanisms:
(1) Limited menu of easily produced items.
(2) Orders are not taken at the customer's table.
(3) Food is served in disposable wrappings or containers.
Fence means a manmade barrier or wan constructed for the purpose of enclosing space or separating
parcels of land.
Fill material means dirt, structural rock or gravel, broken concrete and similar structural substances
customarily used to raise the level of the ground, but excluding topsoil, bark, ornamental rocks or gravel
placed on the surface of the ground.
Finished grade means the final contour of the land surface prior to landscaping.
Floor means the horizontal surface inside a structure designed and intended for human use and
occupancy.
Geologically hazardous areas means areas which because of their susceptibihty to erosion, land-
shding, seismic or other geological events are not suited to siting commercial, residential or industrial
development consistent with public health or safety concerns. GeologicaHy hazardous areas include the
foHowing areas:
(1) Erosion hazard areas are those areas having a severe to very severe erosion hazard due to
natural agents such as wind, rain, splash, trost action or stream flow.
(2) Landslide hazard areas are those areas potentially subject to episodic downslope movement
of a mass of soil or rock including, but not limited to, the foHowing areas:
FWCC - Section 22-1, Definitions
Page 6
a. Any area with a combination of:
I. Slopes greater than IS percent;
2. Penneable sediment, predominately sand and gravel, overlying relatively impenneable
sediment or bedrock, typically silt and clay; and
3. Springs or groundwater seepage.
b. Any area which has shown movement during the holocene epoch, from 10,000 years ago to
present, or which is underlain by mass wastage debris of that epoch.
c. Any area potentially unstable as a result of rapid stream incision, stream bank erosion or
undercutting by wave action.
d. Any area located in a ravine or on an active alluvial fan, presently or potentially subject to
inundation by debris flows or flooding.
e. Those areas identified by the United States Department of Agriculture Soil Conservation
Service as having a severe limitation for building site development.
f. Those areas mapped as class U (unstable), UOS (unstable old slides), and URS (unstable
recent slides) by the Department of Ecology.
g. Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking.
(3) Seismic hazard areas are those areas subject to severe risk of earthquake damage as a result of
seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting.
These conditions occur in areas underlain by cohesionless soils oflow density usually in association with
a shallow groundwater table.
(4) Steep slope hazard areas are those areas with a slope of 40 percent or greater and with a
vertical relief of 10 or more feet, a vertical rise of 10 feet or more for every 25 feet of horizontal distance.
A slope is delineated by establishing its toe and top, and measured by averaging the inclination over at
least 10 feet of vertical relief.
Glare means both of the following:
(I) The reflection of harsh, bright light.
(2) The physical effect resulting from high luminances or insufficiently shielded light sources in
the field of view.
Government facility means a use consisting of services and facilities operated by any level of
government, excluding those uses listed separately in this chapter.
Gross floor area means the total square footage of all floors, excluding parking area, in a structure as
measured from either the interior surface of each exterior wall of the structure or, if the structure does not
have walls, trom each outer edge of the roof. Certain exterior areas may also constitute gross floor area.
Ground floor means the floor of a structure that is closest in elevation to the finished grade along the
facade of the structure that is principally oriented to the street which provides primary access to the
subject property.
Groundwater means water that occurs in subsurface openings in the earth, such as the spaces between
particles in unconsolidated deposits or along tractures in consolidated deposits.
Groundwater contamination means the presence of any substance designated by the U.S.
Environmental Protection Agency ŒPA), or the State of Washington Department of Ecology (DOE), as a
primary or secondary water quality parameter, in excess of the maximum allowable containment level
(MCL).
Group home type II means housing for juveniles under the jurisdiction of the criminal justice system.
Such groups include state-licensed group care homes or halfway homes for juveniles which provide
residence in lieu of sentencing or incarceration, halfway houses providing residence to juveniles needing
correction, or for those selected to participate in state-operated work release and pre-release programs. The
director of community development services shall have the discretion to classify a group home proposing
to serve juveniles convicted of the offenses listed under group home type III in this section as a group
home type III, and any such home shall be sited according to the regulations contained within type III
classification.
FWCC - Section 22-1, Definitions
Page 7
Group homes type II-A: Maximum number of 12 residents including resident staff.
Group homes type II-B: Thirteen or more residents including residential staff. Maximum number to be
determined on a case-by-case basis.
The limitation on the number of residents in a group homes type II shall not be applied if it
prohibits the city from making reasonable accommodations to disabled persons in order to afford such
persons equal opportunity to use and enjoy a dwening as required by the Fair Housing Amendments Act
of 1988, 42 USC 3604(f)(3)(b).
Group homes type III means housing for adults that have been convicted of a violent crime against a
person or property, or have been convicted of a crime against a person with a sexual motivation, or have
been convicted or charged as a sexual or assaultive violent predator. These individuals are under the
jurisdiction of the criminal justice system or have entered a pre- or post -charging diversion program. Such
groups involve individuals selected to participate in state-operated work/training release and pre-release
programs or similar programs. Such category does not include fun-time detention facilities.
Gymnasium means a room or building equipped for sports, which must be accessory to a school
facility, health club, social service club such as the Boys and Girls Club, or similar facility. A gymnasium
may also be used as an auditorium to hold concerts and other performing arts.
Hardship means a current or impending health condition which requires a person to Jive in dose
proximity to, and/or share housing with a caregiver.
Hazardous liquid means: (a) Petroleum, petroleum products, or anhvdrous ammonia as those terms
are defined in 49 c.F.R. Part 195 in effect March L 1998; and (b) carbon dioxide.
Hazardous materials means anv material, either singularlv or in combination, that is a physical or
health hazard as defined and classified in the International Fire Code, whether the materials are in usable
or waste condition; and anv material that may degrade groundwater quality when improperly stored,
handled, treated, used, produced, recvcled, disposed of. or otherwise mismanaged. Hazardous materials
shan also include anv hazardous waste, hazardous substance, dangerous waste, or extremely hazardous
waste that is a phvsical or health hazard as defined or classified in Chapter 70.105 RCW and Chapter 173-
303 WAC, whether the materials are in usable or waste condition. Hazardous materials shan also include
petroleum or petroleum products that are in a liquid phase at ambient temperatures, including any waste
oils or sludge.
Hazardous waste means all dangerous and extremely hazardous waste, including substances
composed of radioactive and hazardous components (see Chapter 70.105 RCW).
Hazardous waste storage means the holding of dangerous waste for a temporary period (see WAC
173-303-040(85».
Hazardous waste treatment means the physical, chemical or biological processing of dangerous
wastes to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or
material resource recovery, amenable for storage or reduced in volume (see WAC 173-303-040(97).
Heat means added energy that causes substances to rise in temperature, fuse, evaporate, expand or
undergo any other related change.
Heavy equipment means high capacity mechanical devices for moving earth or other materials,
mobile power units, including but not limited to carryalls, graders, loading/unloading devices, cranes,
drag Jines, trench diggers, tractors over 80 HP, augers, caterpil1ars, concrete mixers and conveyors,
harvesters, combines, or other major agricuHural equipment, and similar devices operated by mechanical
power as distinguished from manpower.
Height of structure means the vertical distance above the average building elevation measured to the
highest point of a flat roof or to the deck line of a mansard roof, or to the mid-point between eave and
ridge of the highest principal roof of a gable, hip, gambrel, or similar sloped roof. For single-family
residential structures where the total area of dormers exceeds 35 percent of the total area of the underlying
sloped roof, height wil1 be measured to the ridge of the highest principal gable.
High density residential zones means the fonowing zones: RM 3.6, RM 2.4, RM 1.8, RS 5.0, RS 7.2,
RS 9.6, and comparable zones in other jurisdictions.
FWCC - Section 22-1, Definitions
Page 8
Home occupation means an occupatIOn, enterprise, activity or professIOn which is incidental to a
residential use, which is carried on for profit or customarily carried on for profit and which is not an
otherwise permitted use in the zone in which it occurs.
Horizontal dimension means the length of the facade of a structure as measured along a plane,
excluding eaves which extend out no more than 18 inches from the exterior walls of the structure.
Hospital means an institution providing primary health services and medical or surgical care to persons,
primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or
mental conditions, and including, as an integral part of the institution, related facilities such as
laboratories, outpatient facilities, extended care facilities and/or training facilities.
Hotel or motel means a single building or group of buildings containing individual sleeping units
intended for transient occupancy.
Improvement means any structure or manmade feature.
Industrial use means the uses allowed in the industrial zones and not permitted in any other zones of
the city.
Industrial zones means the BP zoning district.
Inoperable motor vehicle shall be any vehicle that has been in a stationary position for more than 14
days, is apparently inoperable or requires repairs in order to be operated legally on the public roads or is
unable to move a distance of 10 feet on level pavement under its own power.
Institutional uses mean the following uses: Schools, churches, colleges, hospitals, parks,
governmental facilities and public utilities.
Irrevocable license means a written irrevocable permission given by a property owner to the city for
specified purposes.
Issuance, when used with respect to a decision of the director of community development services or
a decision of the hearing examiner issued under this chapter, means the date that is three days after the
date the written decision of the director or hearing examiner is mailed. Proof of mailing shall be by
affidavit or by dec1aration under penalty of peIjury.
Issuance, when used with respect to a city council decision made by ordinance or resolution while
sitting in a quasi-judicial capacity, means the date on which the council passes the ordinance or
resolution, as evidenced by the date of passage indicated on the face of the ordinance or resolution.
Junk means old or scrap metal, rope, rags, batteries, paper, rubber, machinery, scrap wood, debris,
trash, or junked, dismantled, wrecked or inoperable motor vehicles or parts thereof.
Junk or junked vehicle means any vehicle substantially meeting at least two of the following conditions:
(1) Is extensively damaged, such damage including but not limited to any of the following: A
broken window or windshield or missing wheels, tires, motor, or transmission;
(2) Is apparently inoperable;
(3) Is without a current, valid registration plate.
lunkyard means a property or place of business which is maintained, operated or used for storing,
keeping, buying, selling or salvaging junk.
Kennel means an establishment, generally retail in nature, which houses, cares for, breeds, raises or
sells dogs or cats.
Land surface modification means the clearing or removal of trees, shrubs, groundcover and other
vegetation and all grading, excavation and filling activities.
Landscaping means the planting, removal and maintenance of vegetation along with the movement
and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the
planting, removal and maintenance of vegetation.
Landward means toward dry land.
Linear frontage of subject property means the frontage of the subject property adjacent to all open,
improved rights-of-way other than Interstate 5. Ifthe subject property is not adjacent to an open,
improved right-of-way, 1inear frontage means the frontage of the subject property on any public access
FWCC - Section 22- I, Definitions
Page 9
easements or tracts which serve the subject property and adjacent unopened and/or unimproved rights-of-
way.
Lot means a parcel of land having fixed boundaries described by reference to a recorded plat, by
reference to metes and bounds, or by reference to section, township and range.
Low density use means a detached dwelling unit on a subject property that contains at least five acres.
Low density zone means the following zones: SE and comparable zones in other jurisdictions.
Major stream means any stream, and the tributaries to any stream, which contains or supports, or
under normal circumstances contains or supports, resident or migratory fish. If there exists a natural
permanent blockage on the stream course which precludes the upstream movement of anadromous
salmonid fish, then that portion of the stream which is downstream of the natural permanent blockage
shall be regulated as a major stream.
Manufactured homes means a factory-built structure transportable in one or more sections which is
built on a permanent chassis and designed to be a dwelling with or without a permanent foundation when
connected to required utilities. A manufactured home shall be built to comply with the National
Manufactured Home Construction and Safety Standards Act of 1974 (regulations effective June 15,
1976).
Maximum lot coverage means the maximum percentage of the surface of the subject property that
may be covered with materials which will not allow for the percolation of water into the underlying soils.
See FWCC 22-955 et seq. for further details.
Mean sea level means the level ofPuget Sound at zero tide as established by the U.S. Army Corps of
Engineers.
Medium density zones means the following zones: RS 15.0, RS 35.0 and comparable zones in other
jurisdictions.
Microcell means a wireless communication facility consisting of an antenna that is either:
(1) Four feet in height and with an area of not more than 580 square inches; or
(2) If a tubular antenna, no more than four inches in diameter and no more than six feet high.
Minor facility means a wireless communication facility consisting of up to three antennas, each which
is either:
(1) Four feet in height and with an area of not more than 580 inches; or
(2) If a tubular antenna, no more than four inches in diameter and no more than six feet in length;
and the associated equipment cabinet that is six feet or less in height and no more than 48 square feet in
floor area.
Minor stream means any stream that does not meet the definition of "major stream."
Moorage facility means a pier, dock, buoy or other structure providing docking or moorage space for
waterborne pleasure craft.
Multiuse complex means all of the following: A group of separate buildings operating under a
common name or management; or a single building containing multiple uses where there are specific
exterior entranceways for individual uses; or a group of uses on separate but adjoining properties that
request treatment as a mu1tiuse complex.
Natural features mean physical characteristics of the subject property that are not manmade.
Natural materials means materials chemically una1tered from their natural state.
Noise means the intensity, duration and character of sound from any and all sources.
Nonconformance means any use, structure, lot, condition, activity or any other feature or element of
private or public property or the use or utilization of private or public property that does not conform to
any of the provisions of this chapter or that was not approved by the city of Federal Way through the
appropriate decision-making process required under this chapter.
Nonliving groundcover means gravel, chipped bark or similar nonpolluting material through which
water can freely percolate to the soil beneath.
Normal maintenance means normal maintenance includes interior and exterior repairs and incidental
a1terations. Normal maintenance and repair may include, but is not limited to, painting, roof repair and
FWCC - Section 22- I, Definitions
Page 10
replacement, plumbing, wiring and electrical systems, mechanical equipment replacement and
weatherization. Incidental alterations may include construction of nonbearing waHs or partitions.
Nursing home. See "Convalescent center."
Occupant means a person that legally occupies a structure or property.
Odor means stimulus affecting the olfactory nerves.
Office use means a place of employment providing services other than production, distribution, sale
or repair of goods or commodities. The following is a nonexclusive list of office uses: Medical, dental or
other health care; veterinary, accounting, legal, architectural, engineering, consulting or other similar
professional services; management, administrative, secretarial, marketing, advertising, personnel or other
similar personnel services; sales offices where no inventories or goods are available on the premises; real
estate, insurance, travel agent, loan companies, brokerage or other similar services, The following uses
are specifically excluded from the definition of office: Banks, savings and loan companies and similar
financial institutions.
Office zones means the PO, OP and CP-1 zoning districts.
Official notification boards of the city means the bulletin boards in the public areas of City Hall and
other public locations as designated by city council.
On-site hazardous waste treatment and storage facilities mean facilities which treat and store
hazardous wastes generated on the same lot or geographically contiguous or bordering property. Travel
between two properties divided by a public right-of-way, and owned, operated or controlled by the same
person, shall be considered on-site travel if:
(1) The travel crosses the right-of-way at a perpendicular intersection; or
(2) The right-of-way is controlled by the property owner and is inaccessible to the public (see
WAC 173-303-040(39)).
Open record hearing means a hearing that creates the city's record of decision for an application or
appeal through testimony and submission of evidence and infonnation, under procedures prescribed by
the city's hearing examiner or the city council. An open record hearing may be held prior to the city's
decision on an application, or as part of an appeal.
Open space means land not covered by buildings, roadways, parking areas or other surfaces through
which water cannot percolate into the underlying soils,
Ordinary high water mark means, on lakes, streams and tidal waters, that mark that wil1 be found by
examining the bed, banks or shore and ascertaining where the presence and action of waters are so
common and usual, and so long continued in ordinary years, as to mark upon the soil or land a character
distinct from that of the abutting uplands; provided, that any tidal area where the ordinary high water
mark cannot be found based on the previous text of this definition, the ordinary high water mark shaH be
the line of mean high tide.
Outdoor means not contained within a building.
Outdoor storage means any material or item (including vehicles), being stored for or awaiting sale,
lease, processing or repair and not enclosed within a bui1ding.
Owner means, in reference to real property, the person or persons holding fee title to the property as
well as the purchaser or purchasers under any real estate contract involving the real property.
Parking area means any area designed and/or used for parking vehicles.
Parking space means an area which is improved, maintained and used for the sole purpose of
temporarily accommodating a motor vehicle that is not in use,
Person means any individual, partnership, association, corporation, unit of government or any other
legal entity.
Personal wireless services means commercial mobile services, unlicensed wireless services, and
common carrier wireless exchange access services, as defined by federal laws and regulations.
Personal wireless service facility (PWSF) means a wireless communication facility, including a
microcell, that is a facility for the transmission and/or reception of radio frequency signals, and which
FWCC - Section 22-1, Definitions
Page] I
may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve
the necessary elevation, and reception and transmission devices and antennas.
Preapplication conference means a meeting, between an applicant and members of the development
review committee, which is held prior to fonnal application, during which the project is discussed relative
to city and other pertinent codes and/or regulations.
Primary dwelling unit means the main structure located on the subject property which is
distinguishable from any accessory dwelling unit because it is greater in total square footage.
Primary vehicular access means the major street from which the majority of vehicles enter the subject
property .
Principal use means the primary or predominant use of any lot or parcel.
Private club means an association of persons organized for some common purpose, but not including
groups organized primarily to sell merchandise or render a service which is customarily carried on as a
business.
Property line means those lines enclosing the subject property and those lines defining a recorded
vehicular access easement or tract. The following are categories of property 1ines:
(1) The front property line is any property line that is adjacent to a right-of-way which is more
than 21 feet in width, excluding Interstate 5. If the subject property is adjacent to more than one right-of-
way which is more than 21 feet in width, the applicant shall designate which of the adjacent property lines
is the front property 1ine and the remainder of such adjacent property 1ines will be considered as either a
rear property 1ine or side property 1ine, based on the definition in this section. If the subject property is not
adjacent to a right-of-way which is more than 21 feet in width, then the front property line is the property
line adjacent or principally oriented to the street providing primary vehicular access to the subject
property, as detennined by the director of the department of community development.
(2) The rear property 1ine is any property 1ine that is farthest from, and essentially parallel to, the
front property 1ine.
(3) The side property line is any property 1ine other than a front property 1ine or a rear property
line.
Public park means a natural or landscaped area, provided by a unit of government, to meet the active
or passive recreational needs of people.
Public utility means the facilities of a private business organization such as a pub1ic service
corporation, or a governmental agency perfonning some public service and subject to special
governmental regulations, the services which are paid for directly by the recipients thereof. Such services
shall include but are not limited to: Water supply, electric power, telephone, cablevision, natural gas and
transportation for persons and freight. The tenn also includes broadcast towers, antennas and related
faci1ities operated on a commercial basis.
Public works director means the director of the department of public works of the city.
Qualified groundwater scientist means a hvdro-geologist or engineer who meets the following
criteria:
(I) Has received a baccalaureate or post-graduate degree in earth science or engineering; and
(2) Has sufficient education and experience in geology and hydro-geology as may be
demonstrated by state registration, professional certifications, or licensing that enable that individual to
make sound professional judgments regarding groundwater and groundwater vulnerabi1ity.
Regulated lakes means the folh.ving wetlands Wetlands #8-21-4-26, 7-21-4-71, 11-21-3-9, 14-21-3-
2, 14-21-3-5, 13-21-3-12,9-21-4-38, 17-21-4-55,20-21-4-57, and 20-21-4-61 as shown in the Irlflg
County 'Hetlands Inyentory Notebooks, Volume 3 South June 19, 1999, City of Federal Way Final
Wetland Inventory Report, except vegetated areas meeting the definition of "regulated wetland" located
around the margins of regulated lakes shall be considered regulated wetlands.
fBLo'NerP\igetSound6, 7,12,15, 16 and 17.
(2) Hylebos 2, 11, 13 and 16.
FWCC - Section 22- I, Definitions
Page 12
Regulated wetlands, see the definition of "regulated wetlands" under the definition of "wetlands."
means:
(1) Those wetlands, as described below, '.vhich fall into one or more of the following categories:
a. Category I '.vetlands meet one of the following criteria:
1. Contain the presence of species or documented habitat recognized by state or federal
agencies as endangered, tm-eatened or potentially extirpated plant, fish or animal species; or
2. Contain the presence of plant associations of infrequent occurrenee, irreplaeeable
ecological functions, or exceptionalloeal significance including but not limited to estuarine
systems, peat bogs and fens, mature forested ':letlands, groundvlater exehange areas, significant
habitat or unique educational sites; or
3. Ha'(e three or more '.vetland classes, one of which is open '.vater.
b. Category II wetlands are greater than 2,500 square feet in area, do not exhibit the
oharaeteristics of Category I '/t'etlands, and meet one of the follovling criteria:
1. Are eontiguous '.vith Vlater bodies or tributaries to water bodies 'Nhich under normal
circumstances contain or support a fish population, including streams 'Nhere flow is intermittent;
ef
2. Are greater than one acre in size in its entirety; or
3. Are less than or equal to one aere in size in its entirety and haye two or more \vetland
olasses, '.'lith neither class dominated by non natiT(e inyasive species.
e. Category III wetlands are greater than 2,500 square feet in area and do not exhibit those
charaoteristies of Category I or II wetlands.
(2) The fol1owing areas, as shov:n in the King County Vi etlands Inventory Notebook, Volume 3
South, shall be regulated by the city's shoreline master program, but shall not be eonsidered regulated
'.vetlands, unless T(egetated '.vetlands arc present:
a. Lower Puget Sound Beaoh;
b. LO'Ner Puget Sound I and 51; and
e. .f\.reas defined as a regulated lake, by the city's shoreline master program. Vegetated areas
meeting the definition of "wetland" herein, and 'Nhich are located around the margins of regulated
lakes, are regulated '.vetlands for the purpose of this definition.
Relative means persons connected through blood, marriage or other legal relationships by not more
than four degrees or affinity or consanguinity and including persons under legal guardianship.
Required yards means the areas adjacent to and interior from the property hnes and high water mark
of a lot. If two or more required yards are coincidental, the area will be considered the required yard with
the greater dimension. Required yards are categorized as follows:
(1) Front. That portion of a lot adjacent to and parallel with the front property lines and at a
distance therefrom equal to the required front yard depth.
(2) Rear. That portion of a lot adjacent to and parallel with the rear property line and at a distance
therefrom equal to the required rear yard depth.
(3) High water line yard. That portion of a lot adjacent to and para1lel with the high water mark
and at a distance landward therefrom established in this chapter.
(4) Side. That portion of a lot adjacent to and para1lel with each side property line and at a
distance therefrom equal to the required side yard depth. A1l required yards not otherwise categorized
sha1l be designated side yards.
Residential use means developments and occupancy in which persons sleep and prepare food, other
than developments used for transient occupancy.
Residential zone means the fo1lowing zones: SE, RS 35.0, RS 15.0, RS 9.6, RS 7.2, RS 5.0, RM 3.6,
RM 2.4, RM 1.8 and comparable zones in other jurisdictions.
Restaurant or tavern means commercial use (excluding fast food restaurants) which se1ls prepared
food or beverages and genera1ly for consumption on the premises.
FWCC - Section 22-1, Definitions
Page 13
Retail establishment means a commercial enterprise which provides goods and/or services directly to
the consumer, where such goods are available for immediate purchase and removal from the premises by
the purchaser.
Retail sales, bulk, means a retail establishment engaged in selling goods or merchandise to the general
public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale
of such goods. Bulk retail involves a high volume of sales of related and/or unrelated products in a
warehouse setting and may include membership warehouse clubs, i.e., "big box" retaiL Bulk retail is
differentiated from general retail by any of the following characteristics:
(1) Items for sale include large, categorized products, e.g., lumber, appliances, household
furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock, etc.; and may
also include a variety of carry out goods, e.g., groceries, household, and personal care products;
(2) A large inventory of goods and merchandise is stored on the subject site in high-ceiling
warehouse areas, high-rack displays, and/or outdoor storage areas; and
(3) High volume truck traffic, regular pick up and delivery oflarge items, a designated
contractor pick-up area, and high parking to building ratios.
Retail sales, general and specialty, is differentiated from bulk retail by the size of the building, size of
items purchased and sales volume. General and specialty retail includes the sale of smaller items such as
groceries, drug store sundries, specialty hardware, paint supplies, and sports equipment, etc. Typical1y not
a discount or volume warehouse store. Typical user is the general public.
Right-of-way means land dedicated or conveyed to the public or a unit of government, the primary
purpose of which is the movement of vehicles and/or pedestrians and providing for access to adjacent
parcels, with the secondary purpose of providing space for utility lines and appurtenances and other
devices and facilities benefiting the public.
Right-of-way realignment means the changing of the horizontal position of the improvements in a
right-of-way.
Roofline means the line formed by the outside of the gable of the roof, or if the roof is flat or mansard,
the top of the roof or mansard.
Runoff means the overland or subsurface flow of water.
Schools means institutions of learning, excluding those offering post-secondary education, offering
instruction in the several branches of learning and study required by the Basic Education Code of the
State of Washington to be taught in public, private and parochial schools, including those disciplines
considered vocational, business-related, or trade in nature.
Shared access points means a common point of vehicle access from a street to more than one lot or
use.
Significant natural vegetation means any area containing a concentration of significant trees; any area
of significant biological importance; and any area containing dense, mature, native vegetation.
Significant trees. A "significant tree" shaH be defined as:
(1) Twelve inches in diameter or 37 inches in circumference measured four and one-half feet
above ground; and
(2) In good health; and
(3) Not detrimental to the community (e.g., is not diseased, dying, or likely offaHing into public
open space or right-of-way, etc.) or obscuring safe sight distance requirements. Significant trees shal1 not
include red alder, cottonwood, poplar or big leaf maple.
Silt or sediment means the soil particles mobilized and deposited by the processes of erosion and
deposition.
Single housekeeping unit means an individual or two or more individuals related by not more than
four degrees of affinity or consanguinity and including persons under legal guardianship, or a group of
not more than three persons who are not related by four or fewer degrees of affinity or consanguinity,
provided, however, that any limitation on the number of residents resulting from this definition shal1 not
be applied if it prohibits the city trom making reasonable accommodations to disabled person in order to
FWCC - Section 22-1, Definitions
Page 14
afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing
Amendments Act of 1988, 42 USC 3604(f)(3)(b).
Single-use building means a building which contains one use.
Small animals mean dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.),
foxes, bobcats and similar small wild animals.
Social service transitional housing means facilities other than offices and group homes as defined in
this chapter, operated by a nonprofit social service agency, licensed as required by the state, providing
temporary and transitional housing to individuals on an as-needed basis including, but not limited to,
emergency shelters, homeless shelters, and other such crisis intervention facilities. This classification
includes domestic violence shelters as defined herein, except that such shelters wherein the total number
of residents does not exceed the maximum number allowed under the "family" definition, may be
permitted outright in all residential zones.
Type A: Maximum number of residents to be consistent with the maximum number of unrelated
adults allowed under the zoning definition of family,
Type B: All social service transitional housing not meeting the definition of "Type A," above.
Maximum number to be determined on a case-by-case basis.
The limitation on the number of residents in social service transitional housing shall not be
applied if it prohibits the city from making reasonable accommodations to disabled persons in order to
afford such person equal opportunity to use and enjoy a dwelling as required by the Fair Housing
Amendments Act of 1988, 42 USC 3604(f)(3)(b).
Special needs housing means housing not specifically defined by this chapter, and which will be
processed under the classification most closely related to the proposed use, as determined by the director
of community development services.
State Environmental Policy Act means Chapter 43.21C RCW.
Storm drainage means the movement of water, due to precipitation, either surficially or
subsurficially. .
Story means the area or a structure between the floor and the horizontal supporting members of the
ceiling directly above that floor. If a floor is, on average, at least three feet below finished grade, the area
between that floor and the ceiling directly above is not a story.
Stream means a course or route, formed by nature, including those which have been modified by
humans, and generally consisting of a channel with a bed, banks or sides throughout substantially all its
length, along which surface waters naturally and normally flow in draining from higher to lower
elevations. A stream need not contain water year round. In a developing setting, streams may run in
culverts or may be channeled in a concrete, rock or other artificial conveyance system. This definition is
not meant to include irrigation ditches, stormwater facilities or other artificial watercourses unless they
are used by resident or anadromous salmonid fish, or the feature was constructed to convey natural
streams which existed prior to construction of the watercourse.
Street means both of the following:
(1) A public right-of-way.
(2) A vehicular access easement or tract.
Street providing direct vehicle access means the street from which a vehicle can enter the subject
property without traversing another street or piece of property. In the case of a multiuse complex, the
street providing direct vehicular access is the exterior street that borders the complex and not an internal
street surrounded by the complex.
Structure means anything which is built or constructed, an edifice or building of any kind or any
piece of work artificially built up or composed of parts joined together in some definite manner.
Structural alterations means any change in the supporting member of a building or structure.
Structured parking means parking provided on more than one level and within a structure, either
above- or below-grade, Structured parking shall not include a surface parking lot.
FWCC - Section 22- I, Definitions
Page 15
Subject property means the entire lot or parcel, or series of lots or parcels, on which a development,
activity or use is or will locate or on which any activity or condition regulated by or subject to this chapter
is or will occur or take place.
Support structure means any built structure, including any guy wires and anchors, to which antenna
and other necessary associated hardware is mounted. Support structures may include the following:
(I) Lattice tower. A support structure which consists of a network of crossed metal braces,
fonning a tower which is usually triangular or square in cross-section.
(2) Guy tower. A support structure such as a pole or narrow metal framework which is held erect
by the use of guy wires and anchors.
(3) Monopole. A support structure which consists of a single steel or wood pole sunk into the
ground and/or attached to a concrete pad.
(4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with
certain conditions.
Temporary personal wireless service facility means a personal wireless service facility which is to be
placed in use for a hmited period of time, is not deployed in a pennanent manner, and does not have a
pennanent foundation.
Tenant improvement means any work, improvement or remodeling completely within the interior of a
building necessary to meet the varied requirements of continuing or succeeding tenants.
Threshold determination means the decision by the responsible official (the community development
services director) whether or not an environmental impact statement (EIS) is required for projects that are
not categorica1ly exempt under the State Environmental Policy Act (SEP A).
Topsoil means the uppermost strata of soil containing a large percentage of organic materials and
which is capable of providing suitable nourishment for vegetation.
Trade school means a post-secondary institution that trains persons for quahfication in specific trades
or occupations, i.e., mechanics; construction trades such as carpentry, HV AC, and wiring; electronics
repair and service including computers; plumbing; chefs and culinary training; upholstery; bartending.
Traffic control devices means signs, signals, stripes and other mechanical or graphic items which
control the flow, direction or speed of vehicular and pedestrian traffic.
Use means the nature of the activities taking place on private property or within structures thereon.
Each separate hsting under the "Use" column in FWCC 22-596 through 22-878 is a separate use.
Vehicle service station means a commercial use supplying petroleum products that are for immediate
use in a vehicle.
Vehicle storage area means an outside area which is used for the storage and/or display of operational
vehicles.
Vehicular access easement or tract means privately owned land used and lega1ly committed, through
easements, plat restrictions or similar mechanisms, to providing access for vehicles and pedestrians to
properties other than the property within the tract or easement. It may also provide space for utility lines
and appurtenances and other devices and facihties benefiting nearby properties or the public.
Waterward means toward the body of water.
Well means a hole or shaft sunk into the earth to tap an underground supply of water.
Wellfield means an area containing two or more wells with overlapping zones of contribution that
supplv a public water system.
Wellhead means the top of the shaft of a we1l or similar water extraction facility from which potable
water is extracted.
Wellhead capture zone means an area in which groundwater is calculated to trayel to a pumping well.
Capture zones are usually defined according to the time that it takes for water within a particular zone to
travel to a well. Calculated capture zones usually only approximate actual capture zones as a result of
assumptions required to conduct the ca1culation.
FWCC - Section 22- I, Definitions
Page 16
Wellhead protection area (WHP A) means the surface and subsurface area surrounding a well or
wellfield that supplies a public water system through which contaminants are likely to pass and eventually
reach the water well( s) as designated under the Federal Clean Water Act.
Wetlands means those areas that are inundated or saturated by surface or groundwater at a ftequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas.
The March 1997 Washington State Wetlands Identification and Delineation Manual (Department of
Ecology publication #96-94) as set forth in WAC 173-22-080, as it exists as of November 1, 1999, or as
subsequently amended, will be used for identification and delineation of wetlands within the city.
Although a site-specific wetland may not meet the criteria described above, it will be considered a
regulated wetland if it is functionally related to another wetland that meets the criteria.
Regulated wetlands means:
(1) Those wetlands, as described below, which fall into one or more of the following categories:
a. Category I wetlands meet one of the following criteria:
1. Contain the presence of species or documented habitat recognized by state or federal
agencies as endangered, threatened or potentially extirpated plant, fish or animal species; or
2. Contain the presence of plant associations of infrequent occurrence, irreplaceable
ecological functions, or exceptional local significance including but not limited to estuarine
systems, peat bogs and fens, mature forested wetlands, groundwater exchange areas, significant
habitat or unique educational sites; or
3. Have three or more wetland classes, one of which is open water.
b. Category II wetlands are greater than 2,500 square feet in area, do not exhibit the
characteristics of Category I wetlands, and meet one of the following criteria:
1. Are contiguous with water bodies or tributaries to water bodies which under normal
circumstances contain or support a fish population, including streams where flow is intermittent;
or
2. Are greater than one acre in size in its entirety; or
3. Are less than or equal to one acre in size in its entirety and have two or more wetland
classes, with neither class dominated by non-native invasive species,
c. Category III wetlands are greater than 2,500 square feet in area and do not exhibit those
characteristics of Category I or II wetlands.
(2) See definition of "Regulated lakes."
Wholesale trade means a commercial establishment which sells to retail establishments.
Zones means use zones as described in FWCC 22-596 through 22-878.
Zoning map means the series of maps adopted by the city, and designated the official zoning map of
the city, showing the geographical location of use zones within the municipal boundaries. (Ord. No. 90-43,
§ 2(3.10),2-27-90; Ord. No. 90-51, §§ 1,2,3-27-90; Old. No. 91-87, §§ 2 - 4,2-5-91; Ord. No. 91-92, § 4, 4-16-91;
Old. No. 91-100, § 4, 6-4-91; Old. No. 91-105, § 3, 8-20-91; Old. No. 91-113, § 3,12-3-91; Ord. No. 94-223 §
3(A), 10-18-94; Ord. No. 95-245, § 3(A), 11-21-95; Ord. No. 96-269, § 3, 6-18-96; Old. No. 96-270, § 3(A), 7-2-96;
Old, No. 97-295, § 3, 5-20-97; Ord. No. 97-291, § 3,4-1-97; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 97-300, § 3,
9-16-97; Old. No. 97-307, § 3,12-16-97; Old. No. 99-337, § 2, 3-2-99; Old. No. 99-348, § 2,9-7-99; Ord. No. 99-
353, § 3,11-16-99; Old. No. 99-357, § 3, 12-7-99; Old. No. 00-363, § 2, 1-4-00; Ord. No. 01-385, § 3,4-3-01; Old.
No. 02-424, § 3, 9-17-02; Ord. No. 03-443, § 3, 5-20-03)
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FWCC - Section 22-1, Definitions
Page 17
FEDERAL WAY CITY CODE
CHAPTER 22. ARTICLE XIV.
ENVIRONIVIENTALL Y SENSITIVE CRITICAL AREAS
Sections:
Division 1. Generally
22-1221 Purpose.
22-1222 Applicable provisions.
22-1223 Jurisdiction.
22-1224 Other authority and jurisdiction.
22-1225 Liability.
22-1226 - 22-1240 Reserved.
Division 2. Administration
22-1241 Administration.
22-1242 Maps adopted.
22-1243 Basis for determination,
22-1244 Reasonable use of the subject property.
22-1245 Appeals of determination made under article.
22-1246 Bonds.
22-1247 Dedication.
22-1248 Exemptions.
22-1249 - 22-1265 Reserved.
Division 3. General Site Design Requirements
2-1266 Responsibility of applicant.
22-1267 Physical barriers.
22-1268 Vehicle circulation areas.
22-1269 Time limitation.
22-1270 Other requirements.
22-1271 - 22-1285 Reserved.
Division 4. Geologically Hazardous Areas Development
22-1286 Limitations.
22-1287- 22-1305 Reserved.
Division 5. Streams
22-1306
22-1307
22-1308
22-1309
22-1310
22-1311
Setbacks.
Relocation,
Bulkheads.
Culverts.
Removal of streams from culverts.
Rehabilitation.
22-1312 Intrusion into setbacks.
22-1313 Additional requirements for land surface modification.
22-1314 - 22-1330 Reserved.
Division 6. Regulated Lakes
22-1331 Conformance with division.
22-1332 Setback areas.
22-1333 Activities and improvements waterward of the ordinary high water mark.
22-1334 Activities and improvements within the required setback areas from regulated lakes.
22-1335 Rehabilitation.
22-1336 Bulkheads.
22-1337 - 22-1355 Reserved.
Division 7. Regulated Wetlands
22-1356 Determination of wetland and regulated wetland.
22-1357 Wetland categories and standard buffers.
22-1358 Structures, improvements and land surface modifications within regulated wetlands.
22-1359 Structures, improvements and land surface modification within regulated wetland buffers.
22-1360 - 22-1368 Reserved.
Division 8. Regulated Well Heads
22-1369 Criteria.
22 1370 22 1375 Reserved.
Division 9. Critical Aquifer Rechar2e Areas and Wellhead Protection Areas
22-13 70
22-1371
22-1372
22-13 73
22-1374
22-1375
22-1375.1
Limitations.
Classification of wellhead capture zones.
General requirements.
Prohibited activities in wellhead capture zone 1.
Regulation of facilities handling and storing hazardous materials.
Performance standards.
Use of pesticides, herbicides, and fertilizers in critical aquifer recharge areas and wellhead
protection areas.
Division 1. Generally
22-1221 Purpose.
The purpose of this article is to protect the environment, human life and property trom harm and
degradation. This is to be achieved by prec1uding or limiting development in areas where development
poses serious or special hazards; by preserving and protecting the qua1ity of drinking water; and by
preserving important ecological areas such as steep slopes, streams, lakes and wetlands. The public
purposes to be achieved by this artic1e inc1ude protection of water quality, groundwater recharge,
shore1ine stabi1ization, stream flow maintenance, stability of slope areas, wild1ife and fisheries habitat
FWCC - Eavireameatally SeRsitive :\Teas Critical Areas
Page 2
maintenance, protectIOn of human life and property and maintenance of natural stormwater storage
systems. (Ord. No. 90-43, § 2(80.10),2-27-90; Ord. No. 91-105, § 4(80.10), 8-20-91; Ord. No. 91-123, § 3(80.10),
12-17-91)
22-1222 Applicable provisions.
The provisions of this article apply throughout the city and must be complied with regardless of any
other conflicting provisions of this chapter. The provisions ofthis chapter that do not conflict with the
provisions of this article apply to the subject property. (Ord. No. 90-43, § 2(80.15),2-27-90; Ord. No. 91-105,
§ 4(80.15), 8-20-91; Ord. No. 91-123, § 3(80.15),12-17-91)
22-1223 Jurisdiction.
This article applies to the subject property if it:
(1) Contains or is within 25 feet of a regulated slope geologically hazardous area;
(2) Contains or is within 100 feet of a wen head;
(3) Contains or is within 100 feet of the ordinary high water mark of a major stream;
(4) Contains or is within 50 feet of the ordinary high water mark of a minor stream;
(5) Contains or is within 25 feet of any regulated lake; or
(6) Contains or is within 200 feet of the edge of any regulated wetland, including regulated
wetlands associated with any major stream, minor stream, or regulated lake.
(7) Is located within a critical recharge area or a wellhead protection area (1, 5, or 10-Year
Wenhead Capture Zone). (Ord. No. 90-43, § 2(80.20), 2-27-90; Ord. No. 91-105, § 4(80.20),8-20-91; Ord. No.
91-123, § 3(80.20),12-17-91; Ord. No. 99-353, § 3,11-16-99)
22-1224 Other authority and jurisdiction.
Nothing in this article in any way limits, or may be construed to limit, the authority of the city under
any other applicable law, nor in any way decreases the responsibility of the applicant to comply with an
other applicable local, state and federal laws and regulations. (Ord. No. 90-43, § 2(80.25), 2-27-90; Ord. No.
91-105, § 4(80.25), 8-20-91; Ord. No. 91-123, § 3(80.25),12-17-91)
22-1225 Liability.
(a) Prior to issuance of any building permit or other permit by the building official, the applicant
may be required to enter into an agreement with the city, in a form acceptable to the city attomey,
releasing and indemnifying the city from and for any damage or liability resulting from any development
activity on the subject property which is related to the physical condition of the steep slope, stream,
regulated lake or regulated wetland. This agreement shall be recorded in the county, at the applicant's
expense, and shall run with the property.
(b) The city may also require the applicant to obtain insurance coverage for damage to city or
private property and/or city liabi1ity related to any such development activity. (Ord. No. 90-43, § 2(80.55),
2-27-90; Ord. No. 91-105, § 4(80.55), 8-20-91; Ord. No. 91-123, § 3(80.55), 12-17-91)
22-1226 - 22-1240 Reserved.
Division 2. Administration
22-1241 Administration.
Except as otherwise established in this article, this article wil1 be implemented and enforced as part of
the city's review of any development activity on the subject property. If the development activity requires
approval through process I, II or III, the provisions of this article will be implemented as part of these
processes. If the development activity does not require approval through process I, II or III, the provisions
ofthis article wil1 be implemented through site plan review under FWCC 22-361 et seq. (Ord. No. 90-43, §
2(80.30(1)),2-27-90; Ord. No. 91-105, § 4(80.30(1)), 8-20-91; Ord. No. 91-123, § 3(80.30(1)),12-17-91)
FWCC - BR'¡}reBmeRtaIly Sensiti','e ,A.reas Critical Areas
Page 3
22-1242 Maps adopted.
The city hereby adopts the King County Wetlands Imentory Notebook, Volume 3 South June 19,
1999, City of Federal Way Final Wetland Inventory Report, to show the locations ofregulated lakes and
certain regulated wetlands in the city. The City hereby adopts the Lakehaven Utility District Wellhead 1,
5, and 10-Year Capture Zones Maps, as now existing or amended. (Ord. No. 90-43, § 2 (80.30(2)), 2-27-90;
Ord. No. 91-105, § 4(80.30 (2)), 8-20-91; Ord. No. 91-123, § 3(80.30(2)),12-17-91)
22-1243 Basis for determination.
The determinations regarding whether the subject property is regulated under this article, as well as
the extent and nature ofthe regulations that will apply to the subject property, will be deteffi1ined based
on environmental information and mapping possessed by the city as well as other information and
mapping provided by or through the appJicant. The city may require the appJicant, at the applicant's
expense, to provide any infoffi1ation, mapping, studies, materials, inspections or reviews that are
reasonably necessary to implement this article and to require that such information, studies, mapping,
materials, inspections and reviews be provided or performed by a quaJified professional acceptable to the
city, Other provisions of this article detail other information and inspections that may be required in some
instances. (Ord. No. 90-43, § 2(80.30(3)), 2-27-90; Ord. No. 91-105, § 4(80.30(3)), 8-20-91; Ord. No. 91-123, §
3(80.30(3)),12-17-91)
22-1244 Reasonable use of the subject property.
(a) The provIsions ofthis section estabJish a mechanism whereby the provisions ofthis article may be
modified or waived on a case-by-case basis if their implementation would deprive an appJicant of all
reasonable use of the subject property.
(b) An appJicant may apply for a modification or waiver of the provisions of this article using process
IV; except, that applications for projects on single-family residential lots platted prior to the incorporation
of the city may use process III.
(c) The city may approve a modification or waiver of the requirements of this article on a case-by-
case basis based on the following criteria:
(1) The application of the provisions of this article eliminates all reasonable use ofthe subject
property.
(2) It is solely the implementation of this article, and not other factors, which precludes all
reasonable use of the subject property.
(3) The appJicant has in no way created or exacerbated the condition, which forms the limitation
on the use of the subject property, nor in any way contributed to such Jimitation.
(4) The knowledge of the applicant of limitations on the subject property when he or she acquired
the subject property.
(5) The waiver or modification wil1 not lead to, create nor significantly increase the risk of injury
or death to any person or damage to improvements on or offthe subject property.
(d) If the city grants a request under this section, it shall grant the minimum necessary to provide the
appJicant with some reasonable use ofthe subject property, considering the factors described in
subsections (c)(1) through (c )(5) of this section. The city may impose any Jimitations, conditions and
restrictions it considers appropriate to reduce or eliminate any undesirable effects or adverse impacts of
granting a request under this section. (Ord, No. 90-43, § 2(80.35),2-27-90; Ord. No. 91-105, § 4(80.35), 8-20-
91; ard. No. 91-123, § 3(80.35),12-17-91; Ord. No. 99-353, § 3,11-16-99)
22-1245 Appeals of determination made under article.
Any determination made by the director of community development under this article may be
appealed using the procedures established for appeals of interpretations under FWCC ~ 22-350. (Ord.
No. 90-43, § 2(80.40),2-27-90; Ord. No. 91-105, § 4(80.40), 8-20-91; Ord. No. 91-123, § 3(80.40),12-17-91)
FWCC - EHvirenmentaIIy SeHsitive Areas Critical Areas
Page 4
22-1246 Bonds.
The city may require a bond under FWCC 22-146 et seq. to insure compliance with any aspect of this
article. (Ord. No. 90-43, § 2(80.45),2-27-90; Ord. No. 91-105, § 4(80.45), 8-20-91; Ord. No. 91-123, § 3(80.45),
12-17-91)
22-1247 Dedication.
The city may require the applicant to dedicate development rights or an open space easement to the
city to insure protection of steep slopes, wells, streams, regulated lakes and regulated wetlands and other
areas within the jurisdiction of this article. (Ord. No. 90-43, § 2(80.50), 2-27-90; Ord. No. 91-105, § 4(80.50), 8-
20-91; Ord. No. 91-123, § 3(80.50),12-17-91)
22-1248 Exemptions.
The following activities are exempt from the provisions of this artic1e:
(1) Emergencies, that in the opinion of the director of community development, threaten the public
health, safety and welfare;
(2) Normal and routine maintenance and repair of the following facilities, for which a maintenance
plan has been approved by the public works director:
a. Existing drainage ditches provided, however, that this exception shall not apply to any ditches
used by salmonids other than to permit free migration of salmonid to their spawning grounds;
b. Surface water facilities, provided that such activities shall not involve conversion of any
regulated wetland not currently being used for such activity;
c. Existing public facilities and utility structures or right-or-way.
The maintenance plan may be designed to address individual facilities or facility components, area-
wide facilities or city-wide systems. The maintenance plan shall identify the nature of the potential
maintenance or repair activities, specifications for work which may occur within potential sensitive areas,
specifications for restoring and/or mitigating impacts, specifications for timing of maintenance or repair
activities, and process for contacting or notifying the city of pending maintenance or repair activities to
ensure compliance with the approved plan. The public works director may require that an appropriate
bond or security be maintained with the city to ensure restoration of disturbed areas. (Ord. No. 91-105, §
4(80.37),8-20-91)
22-1249 - 22-1265 Reserved.
Division 3. General Site Design Requirements
22-1266 Responsibility of applicant.
The applicant shall locate all improvements on subject property to minimize adverse impacts ffi to
steep slopes geologically hazardous areas, wells, streams, regulated lakes~ aHti regulated wetlands, and
critical aquifer recharge and wellhead protection areas. (Ord. No. 90-43, § 2(80,60(1»), 2-27-90; Ord. No. 91-
105, § 4(80.60(1», 8-20-91; Ord. No. 91-123, § 3(80.60(1),12-17-91)
22-1267 Physical barriers.
The applicant shall install a berm, curb or other physical barrier during construction and, if necessary,
following completion of development of the subject property, to prevent direct runoff and erosion from
any disturbed area onto or into a steep slope geologically hazardous area, any area within 100 feet of a
well head, a stream, a regulated lake or a regulated wetland. (Ord, No, 90-43, § 2(80.60(2)), 2-27-90; Ord. No.
91-105, § 4(80.60(2)), 8-20-91; Old. No. 91-123, § 3(80.60(2»,12-17-91)
FWCC - Environmentally Sensiti'ie l\reas Critical Areas
Page 5
22-1268 Vehic1e circulation areas.
The applicant shalllocate all parking and vehicle circulation areas as far as possible from any steep
~ geologically hazardous area, well head, stream, regulated lake and regulated wetland. (Ord. No. 90-
43, § 2(80.60(3», 2-27-90; Ord. No. 91-105, § 4(80.60(3)), 8-20-91; Ord. No. 91-123, § 3(80.60(3)),12-17-91)
22-1269 Time limitation.
The city may limit development activities which involve any land surface modification to specific
months of the year and to a maximum number of continuous days or hours in order to minimize adverse
impacts. (Ord. No. 90-43, § 2(80.60(4»,2-27-90; Ord. No. 91-105, § 4(80.60(4»), 8-20-91; Ord. No. 91-123, §
3(80.60(4»,12-17-91)
22-1270 Other requirements.
The city may require other construction techniques, conditions and restrictions on development in
order to minimize adverse impacts on steep slopes geologicallv hazardous areas, wells, critical aquifer
recharge areas and wellhead protection areas, streams, regulated lakes~ or regulated wetlands. (Ord. No. 90-
43, § 2(80.60(5», 2-27-90; Ord. No. 91-105, § 4(80.60(5)), 8-20-91; Ord. No. 91-123, § 3(80.60(5)),12-17-91)
22-1271- 22-1285 Reserved.
Division 4. Geologically Hazardous Areas Development
22-1286 Limitations.
(a) This section regulates development activities and land surface modifications on or within 25 feet
of a geologically hazardous area.
(b) Development activities, land surface modifications or the installation and maintenance of
landscaping normally associated with residential, commercial or park use may not occur on or within 25
feet of a geologically hazardous area unless no reasonable alternative exists and then only if the
development activity or land surface modification will not lead to or create any increased slide, seismic or
erosion hazard.
(c) Before approving any development activity or land surface modification under this section, the
city may require the applicant to submit the following information:
(I) A soils report prepared by a qualified professional engineer licensed in the state which
describes how the proposed development will impact each of the following on the subject property and
nearby properties:
a. Slope stability, lands1ide hazard and sloughing,
b. Seismic hazards.
c. Groundwater.
d. Seeps, springs and other surface waters.
e. Existing vegetation.
(2) Recommended foundation design and optimal location for roadways improvements.
(3) Recommended methods for mitigating identified impacts and a description of how these
mitigating measures may impact adjacent properties.
(4) Any other information the city determines is reasonably necessary to evaluate the proposal.
(d) If the city approves any development activity or land surface modification under this section, it
may, among other appropriate conditions, impose the following conditions of approval:
(1) That the recommendations of the soils report be followed.
(2) That the applicant pay for the services of a qualified professional engineer selected and retained
by the city to review the soils report and other relevant information.
(3) That a qualified professional engineer be present on site during allland surface modification
activities.
FWCC - EHviroHmeRtaily Seasitive :\reas Critical Areas
Page 6
(4) That trees, shrubs and groundcover be retained except where necessary for approved development
activities on the subject property.
(5) That additional vegetation be planted in disturbed areas. (Ord. No. 90-43, § 2(80.65), 2-27-90; Ord.
No. 90-79, § 3,12-18-90; Ord. No. 91-105, § 4(80.65), 8-20-91; Ord. No. 91-123, § 3(80.65),12-17-91)
22-1287 - 22-1305 Reserved.
Division 5. Streams
22-1306 Setbacks.
(a) No land surface modification or improvements may take place or be located in a stream or within
the following setback areas except as allowed within this artic1e:
(I) The setback area for a major stream inc1udes all areas within 100 feet outward from the
ordinary high water mark of a major stream.
(2) The setback area for a minor stream includes all areas within 50 feet outward from the
ordinary high water mark of a minor stream.
(b) The setback areas established by this section do not apply to any segment of a stream that is
presently within a culvert, unless that stream will be taken out of the culvert as part of development of the
subject property. (Ord. No. 90-43, § 2(80.75), 2-27-90; Ord. No. 90-79, § 4,12-18-90; Ord. No. 91-105, §
4(80.75),8-20-91; Ord. No. 91-123, § 3(80.75),12-17-91; Ord. No. 99-353, § 3,11-16-99)
22-1307 Relocation.
(a) Relocation of a stream on the subject property is pennitted subject to all of the conditions and
restrictions of this section.
(b) A proposal to relocate a stream will be reviewed and decided upon using process IV in FWCC 22-
431 et seq.
(c) As part of any request under this section, the applicant must submit a stream relocation plan,
prepared by a qualified professional approved by the city, that shows the following:
(1) The creation of a natural meander pattern.
(2) The fonnation of gentle side slopes, at least two feet horizontally to one foot vertically, and
the installation of erosion control features for stream side slopes.
(3) The creation of a narrow subchannel, where feasible, against the south or west bank.
(4) The utilization of natural materials, wherever possible.
(5) The use of vegetation nonnally associated with streams, inc1uding primarily native riparian
vegetation.
(6) The creation of spawning and nesting areas, wherever appropriate.
(7) The re-establishment of the fish population, wherever feasible.
(8) The restoration of water flow characteristics compatible with fish habitat areas, wherever
feasible.
(9) The filling and revegetation of the prior channe1.
(10) A proposed phasing plan specifying time of year for all project phases.
(d) The city will allow a stream to be relocated only if water quality, habitat and stonnwater retention
capability of the streams will be significantly improved by the relocation, Convenience to the applicant in
order to facilitate general site design may not be considered.
(e) Prior to diverting water into the new channel, a qualified professional approved by the city shall
inspect the new channel following its completion and issue a written report to the director of community
development stating that the channel complies with the requirements of this section.
(f) The amount of flow and velocity of the stream may not be increased or decreased as the stream
enters or leaves the subject property. (Ord. No. 90-43, § 2(80.80),2-27-90; Ord. No. 91-105, § 4(80.80), 8-20-
91; Ord. No. 91-123, § 3(80.80),12-17-91; Ord. No. 99-353, § 3,11-16-99)
FWCC - Environmentally Sensitive ¡\real> Critical Areas
Page 7
22-1308 Bulkheads.
(a) A bulkhead may not be located in or along a stream except as established in this section.
(b) A request for a bulkhead in or along the stream will be reviewed and decided upon using process
III in FWCC 22-386 et seq.
(c) A request to locate a bulkhead in or along the stream wi]] only be granted if the bulkhead is
needed to prevent significant erosion and the use of vegetation will not sufficiently stabilize the bank to
prevent this erosion.
(d) The bulkhead, if permitted, must be designed to minimize the transmittal of water current to other
properties. Changes in the horizontal or vertical configuration of the land in or around the stream must be
kept to a minimum. (Ord. No. 90-43, § 2(80.85), 2-27-90; Ord. No. 91-105, § 4(80.85), 8-20-91; Ord. No. 91-123,
§ 3(80.85),12-17-91; Ord. No. 97-291, § 3,4-1-97)
22-1309 Culverts.
(a) Culverts are permitted in streams only if approved under this section.
(b) The city will review and decide upon applications under this chapter using process III in FWCC
22-386 et seq.
(c) The city win anow a stream to be put in a culvert only if:
(1) No significant habitat area will be destroyed; and
(2) It is necessary for some reasonable use ofthe subject property. Convenience to the applicant
in order to facilitate general site design win not be considered. The applicant must demonstrate, by
submitting alternative site plans showing the stream in an open condition, that no other reasonable site
design exists.
(d) The culvert must be designed and instaned to an ow passage of fish inhabiting or using the stream.
The culvert must be large enough to accommodate a lOO-year storm.
(e) The applicant shan, at an times, keep all culverts on the subject property free of debris and
sediment so as to allow tree passage of water and, if applicable, fish. The city shall require a bond under
FWCC 22-146 et seq. to ensure maintenance of the culvert approved under this section. (Ord. No. 90-43, §
2(80.90),2-27-90; Ord. No. 91-105, § 4(80.90),8-20-91; Ord. No. 91-123, § 3(80.90),12-17-91; Ord. No. 97-291, §
3,4-1-97)
22-1310 Removal of streams from culverts.
If development of the subject property requires approval through process I, II or III of this chapter,
the city may require the stream to be taken out of the culvert and restored to a natural-like configuration
as part of the city's approval of development ofthe subject property. (Ord. No. 90-43, § 2(80.95), 2-27-90;
Ord. No. 91-105, § 4(80.95), 8-20-91; Ord. No. 91-123, § 3(80.95), 12-17-91)
22-1311 Rehabilitation.
The director of community development may permit or require the applicant to rehabilitate or
maintain a stream by requiring the removal of detrimental materials such as debris, sediment and
invasive, non-native vegetation. Approval of stream rehabilitation shall be based on a review of a plan
containing, at a minimum, an analysis of existing conditions, identification of the source, if possible, of
the degradation of the stream or riparian zone, proposed corrective actions, induding installation of native
species within the riparian corridor, performance standards, monitoring schedule, planting plans, erosion
and sedimentation control plans, and grading plans as necessary. The director shan require an applicant to
retain the services of a qualified professional in preparing the restoration plan. These actions may be
permitted or required at any time that a condition detrimental to water quality, stability of stream banks,
degradation of existing naturally vegetated buffers, or in stream habitat exists. Intrusions into regulated
steep slopes and associated setbacks wi]] be allowed for purposes of approved stream rehabilitation
projects. (Ord. No. 90-43, § 2(80.100), 2-27-90; Ord. No. 91-105, § 4(80.100), 8-20-91; Ord. No. 91-123, §
3(80.100),12-17-91; Ord. No. 99-353, § 3,11-16-99)
FWCC - EnyirøRA'lentalIy Seasitive :\I"ea£ Critical Areas
Page 8
22-1312 Intrusion into setbacks.
(a) Essential public facilities, public utilities and other public improvements. The director of
community development may pennit the placement of an essential public facility, public utility or other
public improvements in a setback from a stream ifhe or she determines that the line or improvement must
traverse the setback area because no feasible alternative location exists based on an analysis of technology
and system efficiency. The specific location and extent of the intrusion into the setback area must
constitute the minimum necessary encroachment to meet the requirements of the public facility or utility.
"Public utility and other public improvements" shall not include improvements whose primary purpose is
to benefit a private development, including without limitation interior roads or privately-owned detention
facilities installed within or during the construction of a residential subdivision, binding site plan, or other
commercial development.
(b) Minor improvements. Minor improvements such as footbridges crossing the stream, walkways
and benches may be located within the setback area if approved through process III, based on the
following criteria:
(I) It will not adversely affect water quality;
(2) It will not adversely affect the existing quality of wildlife habitat within the stream or setback
area;
(3) It will not adversely affect drainage or stonnwater retention capabilities;
(4) It will not lead to unstable earth conditions nor create erosion hazards;
(5) It will not be materially detrimental to any other property nor to the city as a whole; and
(6) It is necessary to correct anyone of the adverse conditions specified in subsections (b)(1)
through (b )(5) of this subsection.
(c) Other intrusions. Other than as specified in subsections (a) and (b) of this section, the city may
approve any request to locate an improvement or engage in land surface modification within stream
setback areas only through process IV, based on the fonowing criteria:
(1) It will not adversely affect water quality;
(2) It win not adversely affect the existing quality of wildlife habitat within the stream or setback
area;
(3) It will not adversely affect drainage or stormwater retention capabilities;
(4) It will not lead to unstable earth conditions nor create erosion hazards;
(5) It wil1 not be materiany detrimental to any other property in the area of the subject property
nor to the city as a whole, including the loss of significant open space; and
(6) It is necessary for reasonable development ofthe subject property. (Ord. No. 90-43, § 2(80.105),
2-27-90; Ord. No. 91-105, § 4(80.105), 8-20-91; Ord. No. 91-123, § 3(80.105), 12-17-91; Ord. No. 99-353, § 3, 11-
16-99)
22-1313 Additional requirements for land surface modification.
If any land surface modification is pennitted within the stream or stream setback area, the applicant
shall comply with the fonowing additional requirements:
(I) An fin material used must be nondissolving and nondecomposing. The fin material must not
contain organic or inorganic material that would be detrimental to water quality or the existing habitat.
(2) The applicant may deposit dredge spoils on the subject property only if part of an approved
development on the subject property.
(3) The applicant shall stabilize an areas left exposed after land surface modification with native
vegetation nonnally associated with the stream or setback area. (Ord. No. 90-43, § 2(80.110),2-27-90; Ord.
No. 91-105, § 4(80.110), 8-20-91; Ord. No. 91-123, § 3(80.110), 12-17-91)
FWCC - EAvironmeFltaIIy SeFlsitive :\reas Critical Areas
Page 9
22-1314 - 22-1330 Reserved.
Division 6. Regulated Lakes
22-1331 Conformance with division.
No structure, improvement nor land surface modification may be constructed or take place within
regulated lakes or within setback areas from regulated lakes except as allowed in this article. (Ord. No. 90-
43, § 2(80.115), 2-27-90; Ord. No. 91-105, § 4(80.115), 8-20-91; Ord. No. 91-123, § 3(80.115), 12-17-91)
22-1332 Setback areas.
All areas landward 25 feet in every direction from the ordinary high water mark of a regulated lake is
within the setback area from a regulated lake. (Ord. No. 90-43, § 2(80.120), 2-27-90; Ord. No. 91-105, §
4(80.120),8-20-91; Ord. No. 91-123, § 3(80.120),12-17-91)
22-1333 Activities and improvements waterward of the ordinary high water mark.
This section regulates structures, improvements and activities waterward of the ordinary high water
mark of regulated lakes.
(I) Dredging and filling. Except as permitted in conjunction with activities regulated under
process III and IV, FWCC 22 17622-386 et seq. and 22 51622-431 et seq., dredging and fining
waterward of the ordinary high water mark of a regulated lake is prohibited.
(2) Structures and improvements. Except as permitted in conjunction with activities regulated
under process III and IV, FWCC 22 17622-386 et seq. and 22 51622-431 et seq., the only structures or
improvements that may be located waterward of the ordinary high water mark of a regulated lake are
moorage structures. The city will review and decide upon any proposal for a moorage structure waterward
of the ordinary high water mark using process III. The city may grant a request under this section if the
moorage structure is accessory to a dwelling unit or public park on the subject property and no significant
habitat area will be damaged by its construction or use. A moorage structure, if permitted, may not extend
waterward further than is reasonably necessary to function propedy, but in no event more than 200 feet
waterward of the ordinary high water mark. Moorage structures may not be treated with creosote, oil base
or other toxic substances. The top of the moorage structure may not be more than two feet above the
ordinary high water mark. (Ord. No. 90-43, § 2(80.125),2-27-90; Ord. No. 91-105, § 4(80.125), 8-20-91; Ord.
No. 91-123, § 3(80.125),12-17-91; Ord. No. 99-353, § 3,11-16-99)
22-1334 Activities and improvements within the required setback areas from regulated lakes.
No structure, improvement nor land surface modification may be located or take place within the
setback area from a regulated lake except as allowed in this section.
(1) Landscaping and land surface modification. Except as otherwise specifically permitted in this
section, the setback area from a regulated lake may not be covered with an impervious surface.
Installation and maintenance of normal residential or park-like landscaping may take place within the
required setback area, provided that no fertilizers, pesticides or other chemicals or substances are applied
within the setback area that will degrade water quality or hasten eutrophication of the lake. Land surface
modification beyond instanation and maintenance of normal residential or park-like landscaping may only
be permitted within the setback area if approved through process III based on the following criteria:
a, The proposed land surface modification is necessary for the reasonable use of the subject
property .
b, The land surface modification will not increase or decrease the size of the regulated lake,
c. The land surface modification will not change the points where any water enters or leaves
the subject property nor in any way change drainage patterns to or from adjacent properties.
d. The proposed land surface modification will not be detrimental to water quality or habitats
in or around the lake.
FWCC - ERvironmeHtaIIy Sensitive A.-reas Critical Areas
Page 10
(2) Minor structures and improvements. Minor improvements such as walkways, benches,
platforms for storage of small boats and small storage lockers for paddles, oars, life preservers and similar
boating equipment may be located within the setback area if approved by the director of community
development based on the fol1owing criteria:
a, The minor improvement will not adversely affect water quality.
b. The minor improvement wil1 not destroy nor damage a significant habitat area.
c. The minor improvement will not adversely affect drainage or stormwater retention
capabilities.
d, The minor improvement will not be materially detrimental to any other property in the area
of the subject property nor to the city as a whole.
(3) Essential public facihties and utihties. The director of community development may permit
the placement of an essential public facility or utility in the setback area if he or she determines that the
line or improvement must traverse the setback area because no feasible alternative location exists based
on an analysis of technology and system efficiency. The specific location and extent of the intrusion into
the setback area must constitute the minimum necessary encroachment to meet the requirements of the
public facility or utility.
(4) Other intrusions.
a, Where the properties immediately abutting the subject property have dwel1ing units which
extend into the setback area, the applicant may construct a dwelling unit on the subject property that
extends into this setback area to the extent permitted in subsection (4)(b) ofthis section.
b. Where subsection (4)(a) of this section applies, the dwelling unit on the subject property
may be no c1oser to the ordinary high water mark of the regulated lake than the average of the distance of
the two dwelling units on the properties immediately abutting the subject property. If one of the properties
immediately abutting the subject property does not contain a dwelling unit or the dwelling unit on that
abutting property is more than 25 feet from the ordinary high water mark of the regulated lake, the
setback of the dwelling unit on that lot will be presumed to be 25 feet for the purposes of calculating the
permissible location for the dwelhng unit on the subject property under this section.
(5) Revegetation. The applicant shall stabilize all areas left exposed after land surface
modification with appropriate vegetation. (Ord. No. 90-43, § 2(80.130), 2-27-90; Ord. No. 90-79, § 5,12-18-90;
Ord. No. 91-105, § 4(80.130), 8-20-91; Ord. No. 91-123, § 3(80.130),12-17-91; Ord. No. 99-353, § 3,11-16-99)
22-1335 Rehabilitation.
The director of community development may permit or require the applicant to rehabihtate or
maintain a regulated lake by requiring the removal of detrimental materials such as debris, sediment and
inappropriate vegetation and by requiring the planting of native vegetation. These actions may be
permitted or required at any time that a condition detrimental to water quality or habitat exists. (Ord. No.
90-43, § 2(80.135),2-27-90; Ord. No. 91-105, § 4(80.135), 8-20-91; Ord. No. 91-123, § 3(80.135),12-17-91)
22-1336 Bulkheads.
(a) General. A bulkhead is permitted within or adjacent to a regulated lake subject to the provisions of
this section.
(b) Required permit. The city will review and decide upon an apphcation under this section using
process III.
(c) Criteria. The city may permit a bulkhead to be constructed only if:
(1) The bulkhead is needed to prevent significant erosion.
(2) The use of vegetation will not sufficiently stabilize the shorehne to prevent the significant
erosIOn.
(d) Design features. A bulkhead may not be located between a regulated lake and a wetland. Changes in
the horizontal or vertical configuration of the land must be kept to a minimum. The bulkhead must be
designed to minimize the transmittal of wave energy to other properties. (Ord. No. 90-43, § 2(80.140), 2-27-90;
Ord. No. 91-105, § 4(80.140), 8-20-91; Ord. No. 91-123, § 3(80.140), 12-17-91; Ord. No. 99-353, § 3,11-16-99)
FWCC - EAvireßffi.ætally Seßsiti'¡e .^.reas Critical Areas
Page II
22-1337 - 22-1355 Reserved.
Division 7. Regulated Wetlands
22-1356 Determination of wetland and regulated wetland.
(a) Genera1ly. This section contains procedures and criteria for determining whether an area is defined
as a regulated wetland under this chapter.
(b) Evaluation. If the city determines that a wetland may exist on or within 200 feet of the subject
property, the director of community development sha1l require the applicant to submit a wetland report,
prepared by a qualified professional approved by the city, that includes the information set forth in
subsections (b)(1) through (b )(7) and (c) of this section. The director of community development shall use
the information required by subsections (b)( 1) and (b )(2) to determine if the area is a regulated wetland
and, if so, shall use the information required by subsections (b )(3) through (b )(7) and (c) to determine the
category and the precise boundaries of that regulated wetland.
(1) An evaluation of whether the area in question is a regulated wetland, based on the definition
of "regulated wetland" in FWCC 22-1.
(2) An overview of the methodology used to conduct the study.
(3) A description of the wetland and plant communities found therein, a map delineating the edge
of the wetland and location of plant communities, and a detailed description of the method used to
identify the wetland edge.
(4) The wetland classification, according to the u.S. Fish and Wildlife Service "Classification of
Wetlands and Deep Water Habitats in the u.S."
(5) A list of observed plant and wildlife species, using both scientific and common names, and a
description of their relative abundance.
(6) A list of potential plant or animal species based on signs or other observation.
(7) An evaluation and assessment of the existing or potential functions and values of the wetland
based on the fo1lowing factors: Surface water control; wildlife habitat; pollution and erosion control;
groundwater exchange; open space and recreation; and educational and cultural opportunities.
(c) Drainage facilities. Surface water ponds, drainage ditches, and other such facilities which were
designed to impound or convey water for an engineered purpose are not considered regulated wetlands
under this article provided they meet a1l of the fo1lowing criteria:
(1) The drainage facility must have been intentionally human created. This is to differentiate from
those wetland sites that are accidental consequences of development actions, such as road construction or
culvert placement. Such sites may be considered regulated wetlands by the director upon a review, under
subsection (b )(7) of this section, of the ecological functions and values of the site.
(2) The drainage facility must have been origina1ly constructed on uplands (nonwetland areas). If
the drainage facility is located within a straightened, channelized, or otherwise disturbed natural
watercourse, it may be considered a regulated wetland by the director upon a review, under subsection
(b )(7) ofthis section, of the ecological functions and values of the site.
(3) The facility must be actively operated as for use as a surface water drainage facility.
Abandoned drainage facilities may be considered regulated wetlands by the director upon a review, under
subsection (b)(7) of this section, of the ecological functions and values of the site.
(4) Wetland conditions have not expanded beyond the originally constructed drainage facility
boundary. In such a case the expanded area may be considered a regulated wetland by the director upon
review, under subsection (b )(7) of this section, of the ecological functions and values of the site.
(5) The drainage facility was not designed or constructed as a requirement to mitigate previous
wetland impacts.
Page 12
FWCC - EflvireHmeHtaIly Sensitive ,A.reas Critical Areas
(6) The director finds that limited ecological functions and values do not warrant application of
the city's wetland regulations. (Ord. No. 90-43, § 2(80.145), 2-27-90; Ord. No. 91-105, § 4(80.145), 8-20-91;
Ord. No. 91-123, § 3(80.145),12-17-91; Ord. No. 99-353, § 3,11-16-99)
22-1357 Wetland categories and standard buffers.
(a) Regulated wetlands are classified into the fol1owing categories:
(I) Category I wetlands meet one of the fol1owing criteria:
a. Contain the presence of species or documented habitat recognized by state or federal
agencies as endangered, threatened or potential1y extirpated plant, fish or animal species; or
b. Contain the presence of plant associations of infrequent occurrence, irreplaceable
ecological functions, or exceptional local significance including but not limited to estuarine systems, peat
bogs and fens, mature forested wetlands, groundwater exchange areas, significant habitat or unique
educational sites; or
c. Have three or more wetland classes, one of which is open water.
(2) Category II wetlands are greater than 2,500 square feet in area, do not exhibit the
characteristics of Category I wetlandi'¡, and meet one of the following criteria:
a. Are contiguous with water bodies or tributaries to water bodies which under normal
circumstances contain or support a fish population, including streams where flow is intermittent; or
b. Are greater than one acre in size in its entirety; or
c. Are less than or equal to one acre in size in its entirety and have two or more wetland classes,
with neither class dominated by non-native invasive species.
(3) Category III wetland are greater than 2,500 square feet in area and do not exhibit those
characteristics of Category I or II wetlands.
(b) Standard buffer widths for regulated wetlands are established as follows:
(1) Category I wetlands shall have a standard buffer width of 200 feet.
(2) Category II wetlands shall have a standard buffer width of 100 feet.
(3) Category III wetlands shall have a standard buffer width of 50 feet for wetlands that are
greater than 10,000 square feet in area, and shal1 have a standard buffer width of 25 feet for wetlands that
are between 2,500 to 10,000 square feet in area. (Ord. No. 90-43, § 2(80.150), 2-27-90; Ord. No. 91-105, §
4(80.150),8-20-91; Ord. No. 91-123, § 3(80.150),12-17-91; Ord. No. 99-353, § 3, 11-16-99)
22-1358 Structures, improvements and land surface modifications within regulated wetlands.
(a) Generally. No land surface modification may take place and no structure or improvement may be
located in a regulated wetland except as provided in this section.
(b) Public park. The city may allow pedestrian access through a regulated wetland in conjunction with
a public park. The access, if approved, must be designed to the maximum extent feasible to protect the
wetland from any adverse effects or impacts of the access and to limit the access to the defined access
area.
(c) RehabiJitation. The director of community development may permit or require an appJicant to
rehabiJitate and maintain a regulated wetland by removing detrimental material such as debris and
inappropriate vegetation and by requiring that native vegetation be planted. These actions may be
required at any time that a condition detrimental to water quaJity or habitat exists.
(d) Modification. Other than as specified in subsections (b) and (c) of this section, the city may
approve any request to locate an improvement or engage in land surface modification within a regulated
wetland using process N. The specific location and extent ofthe intrusion into the regulated wetland
must constitute the minimum necessary encroachment. Approval of a request for improvements or land
surface modification within a regulated wetland through process IV shall be based on the fol1owing
criteria:
(1) It will not adversely affect water quality.
(2) It wi1l not adversely affect the existing quaJity of the wetland's or buffer's wildJife habitat.
(3) It wi1l not adversely affect drainage or stormwater retention capabiJities.
FWCC - EnvirÐnæeBtaIIy Sensitive Areas Critical Areas
Page 13
(4) It will not lead to unstable earth conditions nor create erosion hazards.
(5) It will not be materially detrimental to any other property in the area of the subject property
nor to the city as a whole, including the loss of open space.
(6) It will result in no net loss of wetland area, function or value,
(7) The project is in the best interest of the public health, safety or welfare.
(8) The applicant has demonstrated sufficient scientific expertise and supervisory capability to
carry out the project.
(9) The applicant is committed to monitoring the project and to make corrections if the project
fails to meet projected goals.
(e) Required information. As part of any request under this section, the applicant shall submit a
report, prepared by a qualified professional approved by the city, that includes the following information:
(1) Mitigation plan. A mitigation plan shall include the following elements:
a. Environmental goals and objectives.
b. Performance standards.
c. Detailed construction plans.
d. Timing.
e. Monitoring program for a minimum of five years.
f. Contingency plan.
g. Subject to the applicant's election of timing alternatives provided in subsection (e)(4) of
this section, a performance and maintenance bond in an amount of 120 percent of the costs of
implementing the mitigation plan or the contingency plan, whichever is greater.
(2) Mitigation. Mitigation of wetland impacts shall be restricted to restoration, creation or
enhancement, within the same basin, of in-kind wetland type which results in no net loss of wetland area,
function or value. Where feasible, mitigation measures shall be designed to improve the functions and
values of the impacted wetland.
(3) Minimum acreage mitigation ratio. The following are ratios for providing restoration, creation
or enhancement of impacted wetland areas. The first number of the ratio specifies the acreage of wetland
requiring restoration, creation or replacement and the second specifies the acreage of wetlands impacted.
Wetland Category Creation and
Restoration
Enhancement
Category I
(all types)
Category II:
Forested
Scrub/Shrub
Emergent
Category III:
Forested 2:1 4:1
Scrub/Shrub 1.5:1 3:1
Emergent 1.25:1 2.5:1
The director may permit or require the above replacement ratios to be increased or decreased
based on the following criteria:
a. Probable success of the proposed mitigation.
b. Projected losses in function or value.
c. Findings of special studies coordinated with agencies with expertise which demonstrate
that no net loss of wetland function or value is attained under an alternative ratio.
d. In no case shall the minimum acreage replacement ratio be less than 1.25: I.
(4) Timing. All required wetland mitigation improvements, including monitoring, shall be
completed and accepted by the director of community development prior to beginning activities that will
disturb regulated wetlands, or the applicant shall provide the performance and maintenance bond
6:1
12:1
3: 1
2:1
2:1
6:1
4:1
4:1
FWCC - EBvireBmeBtalIy SeBsitive .A.reas Critical Areas
Page 14
specified in subsection (e)( 1 )(g) of this section. In either event, the applicant may not take any action that
disturbs a regulated wetland or its buffer until the director has reviewed and approved the mitigation plan,
All wetland- or buffer-disturbing activities, and all mitigation, shall be timed to reduce impacts to existing
plants and animals.
(5) Inspections. The applicant shall pay for services of a qualified professional selected and
retained by the city to review the wetland mitigation report and other relevant information, conduct
periodic inspections, issue a written report to the director of community development stating that the
project complies with requirements of the mitigation plan, and to conduct and report to the director on the
status of the monitoring program. (Ord. No. 90-43, § 2(80.155), 2-27-90; Ord. No. 90-79, § 6,12-18-90; Ord.
No. 91-105, § 4(80.155), 8-20-91; Ord. No. 91-123, § 3(80.155), 12-17-91; Ord. No. 99-353, § 3, 11-16-99)
22-1359
buffers.
(a) Generally. Except as allowed in this section, no land surface modification may take place and no
structure or improvement may be located within a regulated wetland buffer.
(b) Buffer averaging. Buffers may be averaged only when the wetland or the buffer which is proposed
to be reduced contains habitat types which have been so permanently impacted that reduced buffers do
not pose a detriment to the existing or expected habitat functions. Through process III, the applicant must
demonstrate to the satisfaction of the director of community development that the proposed buffer
averaging will meet all of the following criteria:
(1) Reduced buffers will not affect the water quality entering a wetland or stream;
(2) Reduced buffers will not adversely affect the existing quality of wildlife habitat within the
wetland or the buffer;
(3) Reduced buffers will not result in unstable earth conditions nor create erosion hazards; and
(4) Reduced buffers will not be detrimental to any other public or private properties, including the
loss of open space,
At no point shall the buffer width be reduced to less than 50 percent of the required standard buffer
width, unless the buffer, in existing conditions, has already been permanently eliminated by previous,
legally permitted actions. The total area contained within the buffer after averaging shall be equal to the
area required for standard buffer dimensions.
(c) Essential public facilities, public utilities and other public improvements. The director of
community development may permit the placement of an essential public facility, public utility or other
public improvements in a regulated wetland buffer if he or she determines that the line or improvement
must traverse the buffer because no feasible or alternative location exists based on an analysis of
technology and system efficiency. The specific location and extent of the intrusion into the buffer must
constitute the minimum necessary encroachment to meet the requirements of the public facility or utility.
(d) Minor improvements. Minor improvements such as footbridges, walkways and benches may be
located within the buffer from a regulated wetland if approved through process III, based on the following
criteria:
(1) It will not adversely affect water quality;
(2) It will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat;
(3) It will not adversely affect drainage or stormwater retention capabilities;
(4) It will not lead to unstable earth conditions nor create erosion hazards; and
(5) It will not be materially detrimental to any other property in the area ofthe subject property
nor to the city as a whole.
( e) Buffer reduction. Through process III, the director of community development may reduce the
standard wetland buffer width by up to 50 percent, but in no case to less than 25 feet, on a case-by-case
basis, if the project includes a buffer enhancement plan which utilizes appropriate native vegetation and
clearly substantiates that an enhanced buffer will improve and provide additional protection of wetland
functions and values, and where one of the following conditions can be demonstrated:
Structures, improvements and land surface modification within regulated wetland
FWCC - ERyireameataIIy SeRsitive .A.Teas Critical Areas
Page 15
(1) Existing conditions are such that the required standard buffer exists in a pennanently altered
state (e.g., roadways, paved parking lots, pennanent structures, etc. which does not provide any buffer
function, then the buffer can be reduced for that portion where the intrusions are existing.
(2) Except for Category I wetlands, existing conditions are such that the wetland has been
pennanently impacted by adjacent development activities, as evidenced by such things as persistent
human alterations or the dominance of non-native invasive species.
(3) A project on an existing single-family lot platted prior to the incorporation of the city, where
imposition of the standard buffer would preclude reasonable use of the lot.
The director shall have the authority to detennine if buffer averaging is warranted on the subject property
and, if so, may require additional buffer area on other portions of the perimeter of the sensitive area.
(f) Modification. Other than as specified in subsections (b) and (c) of this section, the city may
approve any request to locate an improvement or engage in land surface modification within the buffer
from a regulated wetland through process IV, based on the following criteria:
(1) It will not adversely affect water quality;
(2) It will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat;
(3) It will not adversely affect drainage or stonnwater retention capabilities;
(4) It will not lead to unstable earth conditions nor create erosion hazards; and
(5) It will not be materially detrimental to any other property in the area ofthe subject property
nor to the city as a whole, including the loss of open space.
Any modification under this subsection shall not reduce the standard buffer by more than 50 percent,
and in no case shall the remaining buffer be less than 25 feet. The city may require, as a condition to any
modification granted under this subsection, preparation and implementation of a wetland buffer
enhancement plan to protect wetland and buffer functions and values.
(g) Revegetation. The applicant shall stabilize all areas left exposed after land surface modification
with native vegetation nonnally associated with the buffer.
(h) Buffer increases. The director shall require increased environmentally sensitive area buffer widths
on a case-by-case basis when the director determines that a larger buffer is necessary to protect
environmentally sensitive area functions, values or hazards based on site-specific conditions. This
detennination shall be supported by appropriate documentation showing that additional buffer width is
reasonably related to protection of environmentally sensitive area functions and values, or protection of
public health, safety and welfare. Such detennination shall be attached as pennit conditions. The
detennination shall demonstrate that at least one of the following factors are met:
(1) There is habitat for species listed as threatened or endangered by state or federal agencies
present within the sensitive area and/or its buffer, and additional buffer is necessary to maintain viable
functional habitat;
(2) There are conditions or features adjacent to the buffer, such as steep slopes or erosion hazard
areas, which over time may pose an additional threat to the viability of the buffer and/or the sensitive
area, In such circumstances the city may choose to impose those buffers, if any associated with the
condition or feature posing the threat in addition to, or to a maximum, beyond the buffer required for the
subject sensitive area. (Ord. No. 90-43, § 2(80.160), 2-27-90; Ord. No. 90-79, § 7, 12-18-90; Ord. No. 91-105, §
4(80.160),8-20-91; Ord. No. 91-123, § 3(80.160),12-17-91; Ord. No. 99-353, § 3,11-16-99)
22-1360 - 22-1368 Reserved.
Division 8. Regulated Well Heads
22-1369 Criteria.
Any well constructed after March 1, 1990, must comply with the siting criteria of Chapter 173-160
WAC. Any improvement or use on the subject property erected or engaged in after March I, 1990, must
FWCC ER,'ireHmeHtalIy SeHsitive ,A.reas Critical Areas
Page 16
comply with the requirements in Chapter 173-160 WAC regarding separation of wells horn sources of
pollution. (Ord. No. 90-43, § 2(80.70),2-27-90)
22 1370 22 1375 Reserved.
Division 9. Critical Aquifer Rechan?:e Areas and Wellhead Protection Areas
22-1370 Limitations.
This division regulates any development activity, or division of land which requires review under
Chapter 18, Environmental Protection, and which is located within designated wellhead capture zones.
Wenhead Capture Zones I, 2, and 3 are designated as critical aquifer recharge areas under the provisions
of the Growth Management Act (Chapter 36.70A RCW) and are estabhshed based on proximity to and
travel time of groundwater to the city's pubhc water source wens. This division shall not apply to proiects
that have received a Letter of Completeness prior to the effective date of the amendments.
22-1371 Classification of wellhead canture zones.
The Lakehaven Utility District (LUD) has designated three wenhead capture zones based on
proximity to and travel time of groundwater to the city's pubhc water source wens:
(a) Wenhead Capture Zone I represents the land area overlaying the one-year time-of-travel zone
of any pubhc water source wen owned by LUD.
(b) Wellhead Capture Zone 2 represents the land area overlaying the fIVe-year time-of-travel zone
of any public water source well owned by LUD, excluding the land area contained in Wenhead Capture
Zone 1.
(c) Wellhead Capture Zone 3 represents the land area overlaying the IO-year time-of-travel zone
of any pubhc water source well owned by LUD, excluding the land area contained in Wellhead Capture
Zones 1 or 2.
22-1372 General requirements.
(1 ) Activities may only be permitted in a critical aquifer recharge area and wellhead protection area if
the apphcant can show that the proposed activity will not cause contaminants to enter the aquifer;
(2) The city shall impose development conditions to prevent degradation of the critical aquifer
recharge and wellhead protection area. An conditions to permits shall be based on mown, available, and
reasonable methods of prevention control and treatment (AKART).
(3) The proposed activity must comply with the water source protection requirements and
recommendations of the Federal Environmental Protection Agency, State Department of Ecology, State
Department of Health, and the King County Health Department.
(4) The proposed activity must be designed and constructed in accordance with the King Countv
Surface Water Design Manual (KCSWDM), the Federal Wav Addendum to the KCSWDM, and the King
Countv Storm water Pollution Control Manual (BMP manual).
22-1373 Prohibited activities in wellhead canture zone 1.
(1) Land uses or activities for development that pose a significant hazard to the city's groundwater
resources resulting from storing, handhng, treating, using, producing, recychng, or disposing of
hazardous materials or other deleterious substances shan be prohibited in Wellhead Capture Zone 1,
except as specified in FWCC 22-340. These land uses and activities include, but are not limited to:
a. On-site community sewage disposal systems as defined in Chapter 248-272 WAC;
b. Hazardous hquid pipelines as defined in Chapter 81.88 RCW;
c. Solid waste landfins;
d. Solid waste transfer stations;
e. Liquid petroleum refining, reprocessing, and storage;
FWCC - MH,¡jfØHmefitally SeRsitive ¡\reas Critical Areas
Page 17
f. The storage or distribution of gasoline treated with the additive MTBE;
g. Hazardous waste treatment, storage, and disposal facilities (except those defined under permit
by rule for industrial wastewater treatment processes per Chapter I 73-303-802r5lr c] WAC);
h. Chemical manufacturing, including but not limited to, organic and inorganic chemicals,
plastics and resins, pharmaceuticals, cleaning compounds, paints and lacquers, and agricultural chemicals;
i. Dry cleaning establishments using the solvent perchloroethylene;
i, Primary and secondary metal industries that manufacture, produce, smelt. or refine ferrous and
non-ferrous metals from molten materials;
k. Wood treatment facilities, including wood preserving and wood products preserving;
L Mobile fleet fueling operations;
m. Mining (metal, sand, and gravel); and
n. Other land uses and activities that the city determines would pose a significant groundwater
hazard to the city's groundwater supply.
(2) The uses listed in FWCC 22-1379(1) represent the state of present knowledge and most common
description of said uses. As other polluting uses are discovered, or other terms of description become
necessary, they will be added to the list of uses prohibited within this zone.
22-1374 Re2ulation offacilities handlin2 and storin2 hazardous materials.
(I) Any development activity or division of land which requires review under Chapter 18,
Environmental Protection located in critical aquifer recharge areas (wellhead capture zones L 2, and 3)
shall submit a Hazardous Materials Inventory Statement with a development permit application. On-going
operation and maintenance activities of public wells by public water providers are exempt from these
requirements.
(2) The Development Review Committee will review the Hazardous Materials Inventory Statement
along with the land use application, to determine whether hazardous materials meeting the definition of
FWCC 22-1 will be used, stored, transported or disposed of in connection with the proposed activity. The
Development Review Committee shall make the following determination:
(a) No hazardous materials are involved.
(b) Hazardous materials are involved; however, existing laws or regulations adequately mitigate
any potential impact, and documentation is provided to demonstrate compliance.
(c) Hazardous materials are involved and the proposal has the potential to significantly impact
Critical Aquifer Recharge Areas and Wellhead Capture Zones; however, sufficient information is not
available to evaluate the potential impact of contamination. The City may require a Hydrogeologic
Critical Area Assessment Report to be prepared by a qualified groundwater scientist in order to determine
the potential impacts of contamination on the aquifer. The report shall include the following site and
proposal related information, at a minimum:
(i) Information regarding geologic and hydrogeologic characteristics of the site, including the
surface location of the wellhead capture zone in which it is located and the type of infiltration of the site.
(ii) Groundwater depth, flow direction, and gradient.
(iii) Location of other critical areas, including surface waters, within 200 feet of the site;
(iv) Best Management Practices (BMPs) and Integrated Pest Management (!PM) proposed to
be used, including:
I. Predictive evaluation of groundwater withdrawal effects on nearby wells and surface
water features;
2. Predictive evaluation of contaminant transport based on potential releases to
groundwater; and
3. Predictive evaluation of changes in the infiltration/recharge rate.
(3) A Spil1 Containment and Response Plan may be required to identify equipment and/or structures
that could fail, and shall include provisions for inspection as required by the applicable state regulations.
(4) A Groundwater Monitoring Plan may be required to monitor quality and quantity of groundwater,
FWCC - Environmentally Sensitive Areas Critical Areas
Page 18
surface water runoff, and/or site soils. The city may require the owner of a facility to install one or more
groundwater monitoring wells to accommodate the required groundwater monitoring. Criteria used to
detennine the need for site monitoring shall include, but not be limited to, the proximity of the facility to
production or monitoring wells, the type and quantity of hazardous materials on site, and whether or not
the hazardous materials are stored in underground vessels.
(5) The city may employ an outside consultant at the applicant's expense for third-party review of the
Hydrogeologic Critical Area Assessment Report, the Spill Containment and Response Plan, and the
Groundwater Monitoring Plan.
22-1375 Performance Standards,
(1) Any new or existing use applying for a development pennit, or subdivision approval which
requires review under Chapter 18, Environmental Protection within wellhead capture zone 1, which
involves storing, handling, treating, using, producing, recycling, or disposing of hazardous materials or
other deleterious substances meeting the definition of FWCC 22-1 shall comply with the following
standards:
(a) Secondary containment:
i. The owner or operator of any facility or activity shall provide secondary containment for
hazardous materials or other deleterious substances in quantities specified in the International Fire Code.
ii. Hazardous materials stored in tanks that are subject to regulation by the Washington State
Department of Ecology under Chapter 173-360 WAC (Underground Storage Tank Regulations) are
exempt from the secondary containment requirements of this section, provided that documentation is
provided to demonstrate compliance with those regulations.
(b) Design and construction of new stonnwater infiltration systems must address site-specific
risks of releases posed by all hazardous materials on site. These risks may be mitigated by physical design
means, or equivalent best management practices, in accordance with an approved Hazardous Materials
Management Plan. Design and construction of said stonnwater infi]tration systems shall also be in
accordance with the KCSWDM, as amended by the City of Federal Way, and shall be certified for
compliance with the requirements of this section by a professional engineer or engineering geologist
registered in the State of Washington.
(c) The following standards shall apply to construction activities occurring where construction
vehicles will be refueled on site, and/or hazardous materials meeting the definition of FWCC 22-1 will be
stored, dispensed, used, or handled on the construction site. As part of the city's project pennitting
process, the city may require any or all of the following items:
i. Detailed monitoring and construction standards;
ii. Designation of a person on site during operating hours who is responsible for supervising
the use, storage, and handling of hazardous materials, and who has appropriate knowledge and training to
take mitigating actions necessary in the event of a fire or spill;
iii. Hazardous material storage, dispensing, refueling areas, and use and handling areas shall
be provided with secondary containment adequate to contain the maximum release from the largest
volume container of hazardous substances stored at the construction site;
iv. Practices and procedures to ensure that hazardous materials left on site when the site is
unsupervised are inaccessible to the public. Locked storage sheds, locked fencing, locked fuel tanks on
construction vehicles, or other techniques may be used to preclude access;
v. Practices and procedures to ensure that construction yehicles and stationary equipment that
are found to be leaking fuel, hydraulic fluid, and/or other hazardous materials will be removed
immediately, or repaired on site immediately. The vehicle or equipment may be repaired in place,
provided the leakage is completely contained;
vi. Practices and procedures to ensure that storage and dispensing of flammable and
combustible liquids from tanks, containers, and tank trucks into the fuel and fluid reservoirs of
FWCC - Enyironmentally Sensitive Areas Critical Areas
Page 19
construction vehicles or stationary equipment on the construction site are in accordance with the
International Fire Code; and
vii. Practices and procedures, and/or onsite materials adequate to ensure the immediate
containment and cleanup of any release of hazardous substances stored at the construction site, On site
clean up materials may suffice for smaller spills, whereas cleanup of]arger spills may require a
subcontract with a qualified cleanup contractor. Releases shall immediately be contained, cleaned up, and
reported if required according to state requirements.
(2) Any development activity, or division of land which requires review under Chapter 18,
Environmental Protection within all wellhead capture zones (1. 2, and 3), which involves storing,
hand1ing, treating, using, producing, recycling, or disposing of hazardous materials, or other deleterious
substances, meeting the definition of FWCC 22-1 shall comply with the following standards:
(a) Fleet and automotive service station fue1ing, equipment maintenance, and vehicle washing
areas shall have a containment system for collecting and treating all runoff from such areas and
preventing release of fuels, oils, lubricants, and other automotive fluids into the soil, surface water, or
groundwater. Appropriate emergency response equipment shall be kept on site during the transfer,
hand1ing, treatment, use, production, recyc1ing, or disposal of hazardous materials or other deleterious
substances.
(b) Secondary containment or equivalent best management practices, as approved by the Director
of Community Development Services, shall be required at loading and unloading areas that store, handle,
treat, use, produce, recyc1e, or dispose of hazardous materials, or other deleterious substances, meeting
the definition of FWCC 22-1.
(c) Fill material shall not contain concentration of contaminants that exceed cleanup standards for
soil as specified in the Model Toxics Control Act (MTCA). An Imported Fill Source Statement is
required for all projects where more than 100 cubic yards of fill will be imported to a site. The city may
require analytical results to demonstrate that fill materials do not exceed cleanup standards. The Imported
Fill Source Statement shall inc1ude:
i. Source location of imported fill;
ii. Previous land uses of the source location; and
iii. Whether or not fill to be imported is native, undisturbed soil.
(d) All development or redevelopment shall implement best management practices (BMPs) for
water quality and quantity, as approved by the Director of Community Development Services. Such
practices inc1ude biofiltration swales and use of oil-water separators, BMPs appropriate to the particular
use proposed, cluster development, and 1imited impervious surfaces,
22-1375.1 Use of pesticides. herbicides. and fertilizers in critical aquifer rechan!e areas and
wellhead protection areas.
Proposed developments with maintained landscaped areas greater than 10,000 square feet in area
which requires review under Chapter 18, Environmental Protection shall prepare an Operations and
Management Manual using Best Management Practices (BMPs) and Integrated Pest Management (IMP)
for ferti1izer and pesticide/herbicide app1ications. The BMPs shall include recommendations on the
quantity, timing, and type of fertilizers applied to lawns and gardens to protect groundwater quality.
1:\2004 Code Amendments\WeIIhead Protection\City CounciI\Exhibit A to Adoption Ordinance\Final Env Sensitive
Areas.doc/I0/26/2004 4:28 PM
FWCC - EflvireflmeRtalIy Seflsitive Meas Critical Areas
Page 20
FEDERAL WAY CITY CODE
CHAPTER 22. ARTICLE IV.
NONCONFORMANCE
Sections:
22-325 Purpose and intent.
22-326 Administration.
22-327 When confonnance is required.
22-328 Regulations applicable to nonconfonning use.
22-329 Abatement ofnonconfonnance that was illegal when initiated.
22-330 Immediate compliance with certain provisions required.
22-331 Certain nonconfonnances specifically regulated - Generally.
22-332 Nonconfonning use.
22-333 Nonconfonning procedure.
22-334 Nonconfonning development.
22-335 Nonconfonning signs.
22-336 When public improvements must be installed.
22-337 Nonconfonning water quality improvements.
22-338 Special provisions for residential uses.
22-338.1 Nonconfonning accessory dwelling units.
22-338.2 Nonconfonning adult entertainment, activity, retail, or use.
22-339 Special provisions for compliance with government regulations.
22-340 Special provisions for critical aquifer recharge areas and wellhead protection areas.
22 34022-341 Prohibition on increasing nonconfonnance.
22 311 22-342 Applicability ofunifonn building codes.
22 31222-343 Special provision for damaged improvements.
22 31322-344 Appeals.
22 314 Reserved.
22-325 Purpose and intent.
The purpose ofthis article is to allow for the continuance and maintenance oflegally established
nonconfonning uses and structures, and to provide standards delineating the circumstances in which
nonconfonning uses and structures must be brought into confonnance with the standards and provisions
prescribed within this chapter. In particular, the intent of this article is to:
(1) Ensure a reasonable opportunity for use oflegally created lots which do not meet current
minimum code requirements for the zoning district in which they are located.
(2) Ensure a reasonable opportunity for use, maintenance and minor improvement of legally
constructed buildings, structures and site development features, encourage a reasonable opportunity for a
change of tenants using such buildings, structures, or features, even where those buildings, structures and
features do not comply with development regulations prescribed by this chapter, and provide more
flexibility relative to structures and developments that were built in accordance with the codes and laws in
effect at the time of construction.
(3) Ensure a reasonable opportunity for continuation oflegally established uses which do not
confonn to use regulations for the zoning district in which they are located.
(4) Encourage the replacement of nonconforming uses having potentially undesirable impacts on
confonning uses.
(5) Encourage the upgrading of nonconforming buildings, structures and site development
featurés which do not comply with development regulations prescribed by this chapter. (Ord. No. 97-307, §
3, 12-16-97)
22-326 Administration.
This article establishes when and under what circumstances nonconforming aspects of a use or
development must be brought into conformance with this chapter. The provisions of this article should be
used only if there is some aspect of the use or development on the subject property that is not permitted
under this chapter. (Ord. No. 90-43, § 2(165.05),2-27-90; Ord. No. 91-113, § 4(165.05), 12-3-91; Ord. No. 92-
135, § 3(165.05),4-21-92; Ord. No. 92-144, § 3(165.05), 6-16-92; Ord. No. 97-307, § 3, 12-16-97)
22-327 When conformance is required.
If an aspect, element, activity or use of or on the subject property conformed to the applicable zoning
chapter in effect at the time that aspect, element, activity or use was constructed or initiated, that aspect,
element, activity or use way continue and need not be brought into conformance with this chapter unless a
provision of this article requires conformance. (Ord. No. 90-43, § 2(165.10), 2-27-90; Ord. No. 91-113, §
4(165.10),12-3-91; Ord. No. 92-135, § 3(165.10),4-21-92; Ord. No. 92-144, § 3(165.10),6-16-92; Ord. No. 97-
307, § 3, 12-16-97)
22-328 Regulations applicable to nonconforming use.
If a use is nonconforming in the zone in which it is located, this chapter does not establish applicable
dimensional or other regulations. If the use is a legal nonconforming use, the city will, in order to identify
applicable regulations, determine the zone that a1lows the uses most similar to the nonconforming use and
apply the development regulations of that zone. If the use is a legal nonconforming use that is a1lowed in
one or more zones other than the zone in which it is located, the city determine the zone most similar to
the zone in which the nonconforming use is located and apply the development regulations of that zone.
(Ord. No. 90-43, § 2(165,15),2-27-90; Ord. No. 91-113, § 4(165.15),12-3-91; Ord. No. 92-135, § 3(165.15), 4-21-
92; Ord. No. 92-144, § 3(165.15), 6-16-92; Ord. No. 97-307, § 3,12-16-97)
22-329 Abatement of nonconformance that was illegal when initiated.
(a) Genera1ly. Except as specified in subsection (b) of this section, any nonconformance that was
i1legal when initiated must immediately be brought into conformance with this article. The city may,
using the provisions of Article IV of this chapter or any other applicable law, immediately abate any
nonconformance that was illegal when initiated.
(b) Exceptions. If a nonconformance has ever been in complete conformance with an applicable
zoning code it may continue to exist subject to the provisions of this article, and it is not subject to
abatement under subsection (a) of this section. (Ord. No. 90-43, § 2(165.20), 2-27-90; Ord. No. 91-113, §
4(165.20), 12-3-91; Ord. No. 92-135, § 3(165.20),4-21-92; Ord. No. 92-144, § 3(165.20),6-16-92; Ord. No. 97-
307, § 3, 12-16-97)
22-330 Immediate compliance with certain provisions required.
(a) Genera1ly. Regardless of any other provision ofthis article, the following nonconformances must
be immediately brought into conformance with the applicable provisions of this chapter:
(I) Nonconformance with the noise standards in FWCC 22-956;
(2) Nonconformance with the lighting standards in FWCC 22-954;
(3) Nonconformance with the heat emission standards in FWCC 22-951;
(4) Nonconformance with the radiation standards in FWCC 22-959;
(5) Nonconformance with the air quality standards in FWCC 22-947;
(6) Nonconformance with the standards in the Uniform International Fire Code and FWCC 8-51
through 8-120, to the extent that the nonconformance poses a threat to life or safety, as determined by the
director in consultation with the appropriate fire safety officials;
FWCC - Nonconformance
Page 2
(7) Nonconfonnance with the odor standards in FWCC 22-958;
(8) Nonconformance with the provisions in FWCC 22-1111 et seq,; regarding parking and storage
of large vehicles in residential zones;
(9) Nonconformai1ce wIth the provisions in FWCC 22-952 regarding junk;
(10) Nonconformance with the glare standards in FWCC 22-950;
(11) Nonconfonnance with the provision in FWCC 22-1596 regarding portable outdoor signs;
(12) Nonconfonnance with the provision in FWCC 22-1596 regarding location of signs extending
over rights-of-way.
(b) Abatement. The city may, using any of the provisions ofFWCC 22-121 et seq. or any other
applicable law, immediately abate or seek discontinuance orany nonconfonnance listed in subsection (a)
of this section. (Ord. No. 90-43, § 2(165.25), 2-27-90; Ord. No. 91-113, § 4(165.25), 12-3-91; Ord. No. 92-135, §
3(165.25),4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92; Ord. No. 97-307, § 3,12-16-97)
22-331 Certain nonconformances specifically regulated - Generally.
(a) FWCC 22-332 through 22-336 specify when and under what circumstances certain
nonconformances must be corrected. If a nonconformance must be corrected under this section, the
applicant must, as part of the application for any development pennit, submit all infonnation that the city
reasonably needs to review the correction. In addition, the city will not issue a certificate of zoning
compliance or pennit occupancy until the correction is made.
(b) If FWCC 22-330 applies to a specific nonconfonnance, the provisions ofthis section do not apply
to that same nonconformance. (Ord. No. 90-43, § 2(165.35(1)), 2-27-90; Ord. No. 91-113, § 4(165.35(1)), 12-3-
91; Ord. No. 92-135, § 3(165.35(1)),4-21-92; Ord. No. 92-144, § 3(165.35(1)), 6-16-92; Ord. No. 97-307, § 3,12-
16-97)
22-332 Nonconforming use.
Any nonconforming use must be terminated if:
(1) The applicant is making structural alterations or increasing the gross floor area of any
structure that houses or supports the nonconforming use;
(2) Other than as specified in subsection (1) of this section, the applicant is making changes or
alterations or doing work, other than nonnal maintenance, in anyone consecutive 12-month period to any
structure that houses or supports the nonconforming use and the fair market value of that change,
alteration or work exceeds 15 percent of the assessed or appraised value of that structure. The applicant
may provide an appraisal of the structure on the subject property. The appraisal must be from a source
that is acceptable to the city. The community development director may require the applicant to provide
an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If
an appraisal is provided by the applicant or required by the city, the larger ofthe two amounts shall be
used;
(3) The subject property has been abandoned. (Ord. No. 90-43, § 2(165.35(2)),2-27-90; Ord. No. 91-
113, § 4(165.35(2)),12-3-91; Ord. No. 92-135, § 3(165.35(2)),4-21-92; Ord. No. 92-144, § 3(165.35(2)), 6-16-92;
Ord. No. 97-307, § 3, 12-16-97)
22-333 Nonconforming procedure.
Repealed by Ord. No. 97-307. (Ord. No. 90-43, § 2(165.35(3)), 2-27-90; Ord. No, 91-113, § 4(165.35(3)),
12-3-91; Ord. No. 92-135, § 3 (165.35(3)), 4-21-92; Ord. No. 92-144, § 3 (165.35(3)),6-16-92.)
22-334 Nonconforming development.
If any aspect, structure, improvement or development does not confonn to the development
regulations prescribed in this chapter, that aspect, structure, improvement or development must be
brought into conformance or otherwise improved as set forth below.
(1) Change of use - Single-tenant site. If any applicant proposes a change of use on property used
or occupied by a single tenant or use, the applicant shall meet those provisions determined by the director
FWCC - Nonconformance
Page 3
to be reasonably related and applicable to the change of use. These provisions shall apply to the entire
site.
(2) Change of use ~ Multi-tenant site. If an applicant proposes a change of use on only a portion
of property occupied by multiple tenants or uses,1he applicant shall meet those provisions determined by
the director to be reasonably related and applicable to the change of use. These provisions shall apply
only to that geographic portion of the site related to the use or tenant space on which the change is
proposed,
(3) Increase in gross floor area. If an applicant proposes to increase the gross floor area of any use
on the subject property in anyone of the following ways, the applicant shall comply with the development
regulations in effect at the time of the proposal, as specified below:
a. If expansion of gross floor area of an existing building occurs either through addition of new
floors within the structure or enlargement of the existing building footprint, the applicant shall comply with
all development regulations in effect at the time the expansion is proposed. If the property on which the
expansion is proposed is occupied by multiple tenants or uses, the applicant sh~ll comply with those
development regulations applicable to the geographic portion of the site on which the expansion is proposed;
or
b. If a new and separate structure is being constructed on an already developed site, the
applicant shall comply with all development regulations applicable to the geographic portion of the site
on which the new structure and any related improvements are to be constructed; or
c. If the increase in gross floor area involves an existing single-family residential dwelling,
the applicant shall comply with the development regulations in effect at the time of the proposal. For
single-family residences, existing nonconformities may remain and continue so long as the existing
nonconformities are not being increased or expanded in any way. New construction or renovation which
involves the increase in gross floor area of a nonconforming single-family structure is subject to all
applicable requirements of this Code including but not limited to provisions related to environmentally
sensitive areas (Article XIV), off-street parking (Article XV), improvements (Artic1e XVI), and
landscaping (Article XVII).
(4) Abandonment. If an applicant proposes any work, including tenant improvements, on property
that has been abandoned. The applicant shall comply with all development regulations applicable to the
subject property, to the extent physically or technically practicable on the site.
(5) The use conducted on the subject property has ceased for more than one year, in which case
the applicant shall repair and/or restore the improvements on the site (e.g., drainage, landscaping, curbing,
parking, parking lot landscaping, etc.) to a condition as near as physically possible to the condition
required by the requirements of approval of the existing development.
(6) The applicant is making any alteration or changes or doing any work, other than normal
maintenance or other than tenant improvements, in anyone consecutive l2-month period to an
improvement that is nonconforming and the fair market value of the alteration, change or other work
exceeds 50 percent of the assessed or appraised value of that improvement. The applicant may provide an
appraisal of the improvement. The appraisal must be ITom a source acceptable to the city. The director
may require the applicant to provide an appraisal ITom a second source acceptable to the city if the
assessed valuation appears to be inaccurate or inappropriate. If more than one appraisal is provided by the
applicant or required by the city, the larger of the two amounts shall be used. In the event this subsection
is triggered with respect to a single-tenant or single-occupant site, the applicant shall meet all
development regulations applicable to the property. In the event this subsection is triggered with respect
to a site occupied by multiple tenants or uses, the applicant shall comply with those development
regulations applicable to the geographic portion of the site on which the alteration, change or
improvement is proposed. For purposes of this determining value under this section, improvements
required pursuant to FWCC 22-334 (nonconforming development), 22-336 (street/sidewalk
improvements), 22-337 (nonconforming water quality improvements) and 22-1473 (street/sidewalk
FWCC - Nonconformance
Page 4
improvements) shall not be counted towards the 50 percent threshold which would trigger application of
this subsection.
This section does not govern application of Article XIX, community design guidelines;
application of Article XIX is governed by FWCC 22-1630 thro~h 22-1639, as amended. This section
also does not govern appliCJH:ion of development regulations relating to water quality, signs, or
street/sidewalk improveirièñr's; application of those development regulations is governed by FWCC 22-
337,22-335,22-336 and 22-1472, all as amended. (Ord. No. 90-43, § 2(165.35(4), 2-27-90; Ord. No. 91-113,
§ 4(165.35(4»,12-3-91; Ord. No. 92-135, § 3(165.35(4)),4-21-92; Ord. No. 92-144, § 3(165.35(4)), 6-16-92; Ord.
No. 97-307, § 3, 12-16-97; Ord. No. 02-420, § 3, 7-2-02)
*Editor's note - Ordinance No. 97-307, § 3, adopted December 16, 1997, amended § 22-334 to read as herein set
out. Formerly, such section pertained to certain nonconformance specifically regulated - nonconforming parking.
22-335 Nonconforming signs.
(a) Purpose. In order to ease the economic impact of this Code on businesspersons with substantial
jnvèstment in signs in existence on the date of adoption of this Code, this section provides for up to 10
years of continued use of a nonconforming sign in its existing state. During this period, it is expected that
the sign may be amortized in its value over this 10-year time period and/or may be amortized for federal
income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect
the application of this section.
(b) Definitions. A "nonconforming sign" means any sign as defined by FWCC 22-1597 which was
legally in existence on the effective date of this Code, February 28, 1990, but which does not comply with
the sign regulations of Article XVIII of this chapter, Signs, or any other sections of this Code. Any words,
terms or phrases used in this section and which are not otherwise defined shall have the meanings set
forth in FWCC 22-1 and 22-1597.
(c) Legal nonconformance.
(1) Eligibility. Any nonconforming sign located within the city limits on the date of adoption of
this Code, February 28, 1990, or located in areas annexed to the city thereafter which does not conform
with the provisions of this Code, is eligible for characterization as a legal nonconforming sign provided it
meets the following requirements:
a. The sign was coyered by a sign permit on the date of adoption of this Code, if one was
required under applicable law; or
b. Ifno sign permit was required under applicable law for the sign, the sign was in all
respects in compliance with applicable law on the date of adoption of this Code,
(2) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the
provisions covering loss of legal nonconforming status and other limitations set forth in this section.
(3) Exclusions. No temporary signs, portable signs, special signs, or incidental signs shall be
eligible for characterization as legal nonconforming signs.
(d) Legal nonconforming sign permit.
(1) Required. A legal nonconforming sign permit is required for each legal nonconforming sign.
The permit shall be obtained by the sign user or the sign owner, or the owner of the property upon which
the sign is located, within 60 days of notification by the city that the sign is legal nonconforming. The
permit shall be issued for no fee and shall expire at the end of the applicable amortization period
prescribed in subsection (e) of this section.
(2) Necessary information. Applications for a legal nonconforming sign permit shall contain the
name and address of the sign user, the sign owner and the owner of the property upon which the sign is
located, and such other pertinent information as the director of community development may require to
ensure compliance with the Code, including proof of the date of installation of the sign.
(3) Failure to comply. A legal nonconforming sign for which no permit has been issued within the
60-day period shall within six months be brought into compliance with the Code or be removed. Failure
to comply shall subject the sign user, owner and/or owner of the property on which the sign is located to
the remedies and penalties of FWCC 22-1604.
FWCC - Nonconformance
Page 5
(e) Amortization. All legal nonconforming signs shall be discontinued and removed or made
conforming within 10 years from the effective date of this Code, on or before February 28, 2000, and all
signs which are made nonconforming by a subsequent amendment to this Code shall be discontinued and
removed or made conforming within five years after the date of such amendment (collectively the
"amortization period"). Upon the expiration of the amortization period, the sign shall be brought into
conformance with this Code, with a permit obtained, or be-removed. A sign prohibited pursuant to FWCC
22-1600 may not be brought into conformance and must therefore be immediately removed upon the
expiration of the amortization period.
(f) Extension ôr exemption from amortization period.
(1) Applicability. This subsection applies to any sign which is required to be removed pursuant to
subsection (e) of this section fonowing expiration of the amortization period.
(2) Purpose. A sign amortization exemption or extension is a mechanism by which the city may
provide relief from the effect of the sign amortization program when its enforcement would fail to
noticeably improve the appearance ofthe neighborhood and the city any when a hardship would result
from its enforcement.
(3) Who may apply. The property owner or the person displaying the sign which is required to be
removed pursuant to subsection (e) of this section may apply for a sign amortization extension or
exemption.
(4) Decisional criteria. An application for a sign amortization exemption or extension may be
approved or approved with modification if it satisfies an of the following criteria:
a. The sign is compatible with the architectural design of structures on the subject property;
b. The sign substantiany complies wi~h the requirements of the sign code for the land use
district in which it is located. For purposes of this subsection, "substantial compliance" means that the
height of the sign is within 10 percent of the sign height required by Article XVIII of this Code and that
the sign area of the sign is within 20 percent of the sign area required by Article XVIII of this Code.
Minor deviations from these percentages may be approved by the administrator ifhe or she concludes that
the resulting sign is harmonious with the character öfthe primary structures on the subject property and
with the signs and structures on surrounding properties;
c, The enforcement of this Code would result in a substantial hardship to the applicant due to
the size, shape, topography, location or surroundings of the subject property and such hardship was not
created by any action of the applicant or would result in a substantial economic hardship to the applicant
because the applicant erected a sign, or made an application for a sign permit, between February 28, 1990,
and June 6, 1995, in compliance with the existing sign code;
d. The sign complies with the city's minimum sign distance at intersection requirements
pursuant to FWCC 22-1151 et seq.; .
e. If inuminated, the sign is oriented away from residentiany developed or zoned property or
is adequately screened so that the source of light is not correctly visible;
f. It is consistent with the city's comprehensive plan; and
g. It is consistent with the public health, safety and welfare.
(5) Applicable procedure. Except as otherwise provided by this subsection (f), the city will
process an application for a sign amortization exemption or extension through process I of this Code.
(g) Loss of legal nonconforming sign status. An nonconforming signs shan be immediately removed
or modified to conform to an the provisions of this chapter, and a new permit secured therefor therefore,
and such nonconforming sign shan immediately lose its legal nonconforming designation when one or
more of the following events occurs:
(1) Structural changes. The applicant is making structural alterations or increasing the gross floor
area of any structure that houses or supports the use with which the legal nonconforming sign is
associated.
FWCC - Nonconformance
Page 6
(2) Other alterations. The applicant is making any change, alteration or performing work other
than normal maintenance or other than tenant improvements, in any 12-month period to any structure that
houses or supports the use with which the nonconforming sign is associated and the fair market value of
those changes, alterations or other work exceeds 25 percent of the assessed value of that structure as
determined by the King County assessor.
(3) Abandonment or business cessation. The subject property containing the sign is abandoned for
90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive
days.
(4) Sign alterations. The applicant is making changes, alterations or performing any work to the
legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include
relocating the sign or replacing the sign; provided, however, that replacing any individual tenant's
identification sign in either a center identification sign which separately identifies the tenants or in a
tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation.
(5) Chà'bge in use. There has been a change in use on the subject property as that term is defined
by FWCC 22-1. '.
- (6) Change in tenant. There has been a change in tenant or business on the subject property.
In connection with any multiuse or multi-tenant complex, the foregoing events which require that
a nonconforming sign be either removed or brought into conformance with this Code, shall apply only to
the individual owner's or tenant's building-mounted or freestanding signs who has triggered the
elimination of the legal nonconformance and not to the other signs located on the subject property,
including any copy change in a center identification or tenant directory sign in order to include such
tenant's name.
(h) Historic signs. Nonconforming on-site historical signs may be retained through process II, Article
VII of this Code, if the sign is determined to be of historic significance by satisfying all ofthe following
criteria:
(1) The sign is used in connection with a building which has been designated as a historic
building pursuant to any federal, state or local preservation authority;
(2) The subject sign or signs are substantially unchanged or unaltered since initial installation;
(3) The subject sign or signs are a good example of the prevailing signage during the period in
time it was installed; and
(4) The subject sign or signs have been well maintained and are not materially detrimental to the
public health, safety and welfare,
(i) Government acquisition of property for right-of-way.
(I) A sign that becomes nonconforming with respect to its setback from the edge of a public
right-of-way as a result of a local, state, or federal government acquisition of property for right-of-way
expansion shall be characterized ~s a legal nonconforming sign and shall be allowed subject to the
requirements of subsection (i)(3) of this section.
(2) The city may, using process I, allow the placement of a new sign or relocation of an existing
sign within a required setback if it meets all of the following criteria:
a. The enforcement of this Code would result in substantial hardship to the applicant because
no feasible location exists to place a sign on the subject property other than in a required setback, and
such hardship was created solely by local, state, or federal government acquisition of property for right-
of-way expansion and not by any action of the applicant;
b. The sign is not prohibited by FWCC 22-1600 and, except for location within a required
setback, complies with all otherrequirements of FWCC 22-1596 through 22-1629;
c. The sign complies with the city's minimum sight distance at intersection requirements
pursuant to FWCC 22-1511 et seq.; and
d. Location of the sign with a required setback is otherwise consistent with the public health,
safety, and welfare.
FWCC - Nonconfonnance
Page 7
(3) Loss oflegal nonconforming sign status. All nonconforming signs specified in subsections (1)
and (2) of this section shall be immediately removed or modified to conform to all the provisions of this
chapter, and a new permit secured therefor~, and such nonconforming sign shall immediately lose its legal
nonconforming designation when one or more of the following events occurs:
a. The applicant is making any changes, alteration, or performs any work to the legal
nonconforming sign other~an regular and normal maintenance. Prohibited sign alterations include
relocating the sigh or replacing the sign; provided, however, that any copy change in a center
identification or tenant directory sign shall not result in the loss of such sign's legal nonconforming sign
designation; or
b. The applicant is making any changes, alterations, or performs work other than normal
maintenance or other than tenant improvements to any structure or improvement that houses or supports
the use with which the nonconforming sign is associated, and the fair market value of those changes,
alterations, or other work, in anyone consecutive 12-month period, exceeds 75 percent of the assessed
value of that structure or improvement, as determined by the King County assessor. The applicant may
provide an appraisal of the structure or improvement. The appraisal must be from a source that is
acceptable to the city. The community development services director may require the applicant to provide
an appraisal from a source acceptable to the city if the assessed valuation appears to be inaccurate or
inappropriate. If an appraisal acceptable to the city is provided by the applicant or required by the city, the
larger of the two amounts shall be used. For purposes of determining value under this subsection,
improvements required pursuant to FWCC 22-334 (nonconforming development) and/or 22-336 (street!
sidewalk improvements) shall not be counted towards the 75-percent threshold, which would trigger
application of this subsection.
G) Exemption. The city may elect not to apply any provision of this section if the removal of a sign
would require the city to pay compensation under any federal, state or other law, including Chapter 47.42
RCW. (Ord. No. 90-43, § 2(165.35 (5», 2-27-90; Ord. No. 91-113, § 4 (165.35(5»,12-3-91; Ord. No. 92-135, § 3
(165.35(5),4-21-92; Ord. No. 92-144, § 3 (165.35(5)), 6-16-92; Ord. No. 95-235, § 3, 6-6-95; Ord. No. 97-307, §
3,12-16-97; Ord. No. 99-357, § 4,12-7-99; Ord. No. 01-398, § 1,7-17-01)
22-336 When public improvements must be installed.
Any applicant for a development permit for any type of activity on property on which a
nonconformance is located shall provide the improvements required by Article XVI of this chapter, as
provided in FWCC 22-1473, as amended. (Ord. No. 90-43, § 2(110.20), 2-27-90; Ord. No. 97-307, § 3,12-16-
97)
Editor's note - Ordinance No. 97-307, § 3, adopted December 16, 1997, amended § 22-336 to read as herein set out.
Formerly, such section pertained to nonconforming signs - nonconforming buffers and derived from Ord. No. 90-
43, § 2(165.35(6)), 2-27-90; Ord. No. 91-113, § 4(165.35(6)),12-3-91; Ord. No. 92-135, § 3(165.35(6)),4-21-92;
Ord. No. 92-144, § 3(165.35(6)),6-16-92.
22-337 Nonconforming water quality improvements.
This section sets forth the standards when and under what circumstances a structure, improvement or
development or property that does not conform to the development regulations prescribed in Chapter 21
FWCC (as amended) relating to water quality, or does not conform to the development regulations
contained in Article XIII, Division 12, of this chapter (FWCC 22-1196 through 22-1220, as amended)
must be brought into compliance with the development regulations in Chapter 21 FWCC pertaining to
water quality and Article XIII, Division 12 of this chapter (FWCC 22-1196 through 22-1220, as
amended).
(1) Redevelopment. Any person proposing to redevelop a structure, improvement, development
or property must bring that structure, improvement, development or property into compliance with the
development regulations in Chapter 21 FWCC pertaining to water quality and Article XIII, Division 12 of
this chapter (FWCC 22-1196 through 22-1220, as amended), where the proposed redevelopment meets or
exceeds the thresholds set forth below. For the purposes of this section, "redevelop" or "redevelopment"
FWCC - Nonconformance
Page 8
means, on an already developed site; the creation or addition of impervious surface; the expansion of a
building footprint or addition or replacement of a structure; structural development including an increase
in gross floor area and/or exterior construction or remodeling, where the structural development exceeds
50 percent of the assessed or appraised value of the structure or improvement being redeveloped; the
repair or replacement of impervious surface that is not part of a routine maintenance activity; a change of
use which has a potential to release a new pollutant(s) to the city's surface water systems; or land
disturbing activities associated with impervious redevelopment.
a. Redevelopment which involves the creation or addition of impervious surfaces having an
area of 5,000 square feet or more;
b. Redevelopment which involves the construction or replacement of a building footprint or
other structure having a surface area of 5,000 square feet or more, or which involves the expansion of a
building footprint or other structure by 5,000 square feet of surface area or more;
c. Redevelopment which involves the repair or replacement of 5,000 square feet or more of
an impervious surface, when such redevelopment is not part of a routine maintenance activity;
d. Redevelopment which involves the collection and/or concentration of surface and/or
stonnwater runoff from a drainage area of 5,000 square feet or more;
e. Redevelopment which contains or directly discharges to a floodplain, stream, lake,
wetland, or closed depression, groundwater recharge area, or other water quality sensitive area detennined
by the public works director, based on a written map, policy, water quality monitoring data or plan in
existence or implemented by the director prior to submission of a redevelopment application which is
detennined to trigger application of this subsection, or based on infonnation developed during review of a
particular redevelopment application;
f. Redevelopment which involves a change in use, and the changed use has a potential to
release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection,
"new pollutant(s)" means a pollutant that was not discharged at that location immediately prior to the
change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change
III use;
g, Redevelopment, other than nonnal maintenance or other than the tenant improvements, but
including any increase in gross floor area, in anyone consecutive 12-month period which exceeds 50
percent of the assessed or appraised value (whichever is greater) of the structure or improvement being
redeveloped. The applicant may provide an appraisal of the improvement. The appraisal must be from a
source acceptable to the city. The director may require the applicant to provide an appraisal from a second
source acceptable to the city if the assessed valuation appears to be inaccurate or inappropriate. If more
than one appraisal is provided by the applicant or required by the city, the greater of the two amounts
shall be used. For purposes of this detennining value under this section, improvements required pursuant
to FWCC 22-334 (nonconfonning development), 22-336 (street/sidewalk improvements), 22-337
(nonconfonning water quality improvements) and 22-1473 (street/ sidewalk improvements) shall not be
counted towards the 50 percent threshold which woúld trigger application of this subsection;
h. Redevelopment of property which drains or discharges to a receiving water that has a
documented water quality problem, as detennined by the public works director based on a map, plan,
water quality monitoring data or a written policy in existence or implemented by the director prior to
submission of a redevelopment application detennined to trigger appJication of this subsection, where the
director detennines that the redevelopment requires additional specific controls to address the
documented water quality problem.
(2) Timing. All improvements required by this section shall be constructed or installed concurrent
with the redevelopment triggering application of this section, unless an applicant for redevelopment opts
to pursue incremental construction of required improvements. In that event, the applicant shall develop
and submit to the public works director a stonnwater management plan detailing all of the improvements
required by this secti°!l, and proceed according to the following subsections.
FWCC - Nonconformance
Page 9
a. Extent of construction of required water quality improvements. Where the public works
director determines that incremental construction is physically feasible, the applicant shall construct that
portion of the required improvements according to the fonowing schedule:
% of Redevelopment % of Water Quality Improvements
0 - 24 25
25 -49 50
>50 100
Where construction of 100 percent of water quality improvements is required under this
subsection, the improvements may be constructed over a period extending no more than five years from
the date of approval of the redevelopment. A person choosing to utilize such extended construction shall
provide, prior to approval of the stormwater management plan, a performance bond and bond agreement
that:
1. Have a term equal to the construction schedule proposed in the plan; and
2. Comply with the applicable requirements of FWCC 22-147 through 22-175, as
amended.
b. Incremental construction not feasible. Where the public works director determines that
incremental construction is not physically feasible, 100 percent of the required water quality
improvements must be installed, concurrent with the redevelopment.
c. Calculation ofredevelopment value. For purposes of calculating the value of
redevelopment in order to apply subsection (2)(a) of this section, the public works director shall consider
the cost of the proposed redevelopment as a percentage of the assessed or appraised value (whichever is
greater) of all structures on the subject property. If an appraisal is used, it must be prepared by an MAl
appraiser acceptable to the city, and paid for and submitted by the applicant.
d. Subsequent redevelopment. Whenever any person seeks approval for redevelopment on
property for which incremental construction of required water quality improvements was previously
authorized pursuant to this subsection (2), any additional water quality improvements to be required shan
be determined by application of the schedule in subsection (2)(a) based on the stormwater management
plan prepared as part of the first request for authorization of incremental construction. If water quality
requirements have changed since preparation of the initial stormwater management plan, a new plan shall
be prepared detailing improvements required to comply with any existing and new requirements, and the
schedule in subsection (2)(a) shall also be applied to the new plan.
(3) Location of water quality improvements. A person proposing redevelopment on a property or
site having a Federal Way comprehensive plan designation ofCC-F (City Core - Frame) or CC-C (City
Core - Center) may construct water quaJity facilities required by this section below grade.
Editor's note - Ordinance No. 97-307, § 3, adopted December 16, 1997, amended § 22-337 to read as herein set out.
Fonnerly, such section pertained to nonconforming signs - any other nonconformance and derived from Ord. No.
90-43, § 2(165.35), 2-27-90; Ord. No. 91-113, § 4(165.35), 12-3-91; Ord. No. 92-135, § 3(165.35),4-21-92; Ord.
No. 92-144, § 3(165.35), 6-16-92.
22-338 Special provisions for residential uses.
If the subject property contains a residential use that became nonconforming as to use or density as a
result of the adoption of this chapter, the following regulations apply:
(1) Ifthe improvements on the subject property are damaged or destroyed by any sudden cause,
the structure may be rebuilt; provided, that the number of dwelling units and the gross floor area in and on
the subject property may not be increased from that which existed immediately prior to the damage or
destruction and any other nonconformity of or on the subject property may not in any way be increased.
The provisions of this subsection are only available if the applicant applies for a building permit within 12
months after the sudden damage or destruction and construction is commenced and completed under that
building permit.
(2) Other than as specified in subsection (1) of this section, the nonconforming use or density
must be corrected if the applicant is making changes, alterations or doing other work, other than normal
FWCC - Nonconfoilllance
Page 10
maintenance, in any 12-month period to any structure on the subject property containing multi-unit
housing (attached and/or stacked dwelling units) and fair market value of these changes, alterations or
other work exceeds 50 percent of the assessed or appraised value of that multi-unit structure. The
applicant may provide an appraisal of the improvement. The appraisal must be from a source that is
acceptable to the city. The community development director may require the applicant to provide an
appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an
appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used.
Changes, alterations, additions or other work is subject to all applicable requirements of this Code
including but not limited to provisions related to environmentally sensitive areas (Article XIV), off-street
parking (Article XV), improvements (Article XVI), and landscaping (Article XVII).
(3) Other than as specified in subsection (I) of this section, the nonconforming use or density
must be corrected if the applicant is making changes, alterations, adding improvements or doing other
work other than normal maintenance, in any 36-month period, on the subject property containing a single-
family use and fair market value of these changes, alterations, additions or other work exceeds 75 percent
of the assessed or appraised value of that single-family structure. Changes, alterations, additions or other
work must comply with all bulk, dimensional and other development requirements for a single-family
detached dwelling located in the RS 7.2 zone (FWCC 22-631). The applicant may provide an appraisal of
the improvement. The appraisal must be from a source that is acceptable to the city. The community
development director may require the applicant to provide an appraisal from a source acceptable to the
city if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or
required by the city, the larger of the two amounts shall be used. Changes, alterations, additions or other
work is subject to all applicable requirements of this Code including but not limited to provisions related
to environmentally sensitive areas (Article XIV), off-street parking (Article XV), improvements (Article
XVI), and landscaping (Article XVII). (Ord. No. 90-43, § 2(165.45), 2-27-90; Ord. No. 91-113, § 4(165.45),12-
3-91; Ord. No. 92-135, § 3(165.45),4-21-92; Ord. No. 92-144, § 3(165.45), 6-16-92; Ord. No. 97-307, § 3,12-16-
97; Ord. No. 02-419, § 3, 7-2-02)
*Editor's note - Ordinance No. 97-307, § 3, adopted December 16, 1997, deleted § 22-338. Formerly, such section
pertained to additional provision if a quasi-judicial decision is required and derived from Ord. No. 90-43, §
2(165.40),2-27-90; Ord. No. 91-113, § 4(165.40),12-3-91; Ord. No. 92-135, § 3(165.40),4-21-92; Ord. No. 92-
144, § 3(165.40), 6-16-92. Subsequently, the same ordinance renumbered §§ 22-339 - 22-343 as 22-338 - 22-342.
22-338.1 Nonconforming accessory dwelling units.
(a) Eligibility. Any nonconforming accessory dwelling unit ("ADD") located within the city limits on
the date of adoption of this Code, February 28, 1990, or located in areas annexed to the city thereafter,
which does not conform to FWCC 22-613,22-648,22-965 or any other provisions of this Code, is
eligible for designation as a legal nonconforming ADD provided it meets the following requirements:
(I) The ADD was covered by a permit on the date of adoption of this Code, if one was required
under applicable law; or
(2) If no permit was required under applicable law, the ADD was in compliance with applicable
law on the date of adoption of this.Code.
(b) Allowed. All legal nonconforming ADDs are allowed subject to the provisions related to loss of
nonconforming status and other limitations set forth in this chapter.
(c) Loss of legal nonconforming ADD status. All nonconforming ADDs shall be immediately
removed or modified to conform to all of the provisions ofthis Code and a permit secured therefor, and
shall lose their legal nonconforming designation when one or more of the following events occur:
(I) Increase in square footage. The applicant is increasing the gross floor area of any ADD;
(2) Other alteratio1}s. The applicant is making any change, alteration or performing work other
than normal maintenance or other than tenant improvements, in any 12-month period to any ADD and the
fair market value of such changes, alterations or other work exceeds 50 percent of the assessed value of
that ADD as determined by the King County assessor;
FWCC - Nonconformance
Page I I
(3) Abandonment or cessation of occupancy. The subject property containing the ADD is
abandoned for 90 or more consecutive days or the ADD is not occupied for 180 consecutive days; or
(4) Change in use. There has been a change in use on the subject property as that term is defined
by FWCC 22-1. (Ord. No. 95-245, § 3(E), 12-5-95; Ord. No. 97-307, § 3,12-16-97)
Editor's note- Provisions enacted by § 3(E) of Ord. No. 95-245, adopted Dec. 5, 1995, as § 22-339, have been
included herein at the discretion of the editor as § 22-338.1.
22-338.2 Nonconforming adult entertainment, activity, retail, or use.
Any adult entertainment, activity, use, or retail use located within the city limits on the effective date
of this Code, which are either made nonconforming by this Code or which are existing nonconforming
uses shall be terminated within one year; provided, however, that such termination date may be extended
upon the approval of an application filed with the city's community development director within 120 days
ofthe effective date ofthis Code provision requesting an extension to such one-year amortization period,
The director's decision on whether or not to approve any extension period and the length of such period
shall be based upon the applicant clearly demonstrating extreme economic hardship based upon an
irreversible financial investment or commitment made prior to February I, 1999, which precludes
reasonable alternative uses ofthe subject property. (Ord. No. 99-347, § 3, 8-3-99)
22-339 Special provisions for compliance with government regulations.
The provisions of this section wil1 be followed regardless of any conflicting regulations of this article,
Any regulations of this article which do not conflict with the provisions of this section are unaffected by
this section.
(1) Oil tanks. Any excavation, development activity or construction performed to comply with the
"Underground Storage Tanks; Technical Requirements and State Program Approval; Final Rules" (40
CFR 280 and 281), as now existing or as hereafter amended or with the provisions of Chapter 90.76
RCW, or any regulations adopted thereunder, may not be used as the basis, or part of the basis, for
requiring that nonconformance on the subject property be corrected.
(2) Governmental acquisition of property for right-of-way expansion. A proposal for structural
alterations or change in use shall not trigger a requirement otherwise applicable under FWCC 22-334that
an applicant correct an existing nonconformance as to lot coverage, minimum lot size, parking,
landscaping, or setback requirements, if the nonconformance w~s created solely by a local, state, or
federal government acquisition of property for right-of-way expansion, and if the proposal meets the
following requirements:
a. The nonconformity is not, in any way, enlarged, expanded, increased, intensified,
compounded, or in any other way made greater;
b. The applicant is making any alteration or changes or doing any work, other than tenant
improvements and the fair market value of the alteration, change or other work, in anyone consecutive
12-month period, does not exceed 7S percent of the assessed or appraised value of the improvement. The
applicant may provide an appraisal of the improvements. The appraisal must be from a source that is
acceptable to the city. The community development services director may require the applicant to provide
an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If
an appraisal acceptable to the city is provided by the applicant or required by the city, the larger of the
two amounts shall be used. For purposes of determining value under this subsection, improvements
required pursuant to FWCC 22-334 (nonconforming development) and/or 22-336 (street/sidewalk
improvements) shall not be counted towards the 75-percent threshold which would trigger application of
this subsection; and
c. The proposal is otherwise consistent with the public health, safety, and welfare.
(3) Other government regulations. Other than as specified in subsection (1) ofthis section, the
city may, using process N, exempt a property or use from any of the requirements of this article if:
FWCC - Nonconformance
Page 12
a. The actions or events which form the basis of requiring that nonconformance on the subject
property be corrected are necessitated solely to comply with local, state or federal regulation;
b. The actions necessitated to comply with those regulations will not significantly extend the
expected useful life of the nonconforming aspect; and
c. The public benefit of complying with the local, state or federal regulation clearly
outweighs the public benefit in correcting the nonconformance. (Ord. No. 90-43, § 2( 165.50),2-27-90; Ord.
No. 91-113, § 4(165.50),12-3-91; Ord. No. 92-135, § 3(165.50),4-21-92; Ord. No. 92-144, § 3(165.50),6-16-92;
Ord. No. 97-307, § 3, 12-16-97; Ord. No. 01-398, § 2, 7-17-01)
22-340 Special provisions for critical aquifer recharge areas and wellhead protection areas.
The provisions of this section will be followed regardless of any conflicting regulations of this article.
Any regulations of this article which do not conflict with the provisions of this section are unaffected by
this section. This section applies to any development activity, which requires review under Chapter 18,
Environmental Protection.
If a nonconformance must be corrected to comply with FWCC Chapter 22, Article XIV, Division 9,
the applicant must, as part of the application the development permit, submit all information that the city
reasonably needs to review the correction. In addition, the city wi1l not issue a land use approval or
building permit until the correction is made.
(1) A nonconforming use as defined in FWCC 22-1373 may be continued unless the thresholds
of FWCC 22-332 are reached, in which case it shall be terminated.
(2) Regardless of the thresholds in FWCC 22-334. any use, applying for a development permit
within Wellhead Capture Zones 1, 2, or 3, must be brought into compliance with the performance
standards specified in FWCC 22-1375.
22 34022-341 Prohibition on increasing nonconformance.
No nonconformance may, in any way, be enlarged, expanded, increased, intensified, compounded or
in any other way made greater, except as specifically permitted in this artic1e. (Ord. No. 90-43, § 2(165.55),
2-27-90; Ord. No. 91-113, § 4(165,55), 12-3-91; Ord. No. 92-135, § 3(165.55),4-21-92; Ord. No. 92-144, §
3(165.55), 6-f6-92; Ord. No. 97-307, § 3, 12-16-97)
22 341 22-342 Applicability of uniform building codes.
Nothing in this artic1e in any way supersedes or relieves the appJicant from compJiance with the
requirements of the city's building codes, the Uniform International Building Code, the Uniform
International Fire Code, and other construction-related codes as adopted and amended from time to time
by the city. (Ord. No. 90-43, § 2(165.60), 2-27-90; Ord. No. 91-113, § 4(165.60),12-3-91; Ord. No. 92-135, §
3(165.60),4-21-92; Ord. No, 92-144, § 3(165.60), 6-16-92; Ord. No. 97-307, § 3,12-16-97)
22 342 22-343 Special provision for damaged improvements.
If a nonconforming improvement is damaged by sudden accidental cause, that improvement may be
reconstructed only if it meets the following requirements and not otherwise:
(1) The cost ofreconstructing the damaged improvement does not exceed 75 percent of the
assessed or appraised value of that improvement prior to the damage. The applicant may provide an
appraisal of the improvement which has been damaged. The appraisal must be from a source that is
acceptable to the city. The community development director may require the applicant to provide an
appraisal form a source acceptable to the city if the assessed valuation appears to be inappropriate. If an
appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used.
(2) The improvement, as reconstructed, is not any more nonconforming than it was immediately
prior to the damage.
(3) The applicant applies for a building permit to reconstruct the damaged improvement within
six months of the date of the damage and reconstructs the improvement pursuant to that building permit.
FWCC - Nonconformance
Page 13
(Ord. No. 90-43, § 2(165.30), 2-27-90; Ord. No. 91-113, § 4(165.30),12-3-91; Ord. No. 92-135, § 3(165.30),4-21-
92; aId. No. 92-144, § 3(165.30), 6-16-92; aId. No. 97-307, § 3,12-16-97)
22 343 22-344 Appears.
Notwithstanding any other provision in this chapter, a decision of the director or the hearing examiner
with respect to the application of any provision of this article shall be appealable as part of, and under the
process applicable to, any appeal of a decision of the director or the hearing examiner on the underlying
application or project for which city approval is sought. (Ord. No. 90-43, § 2(175.10(7),2-27-90; Ord. No. 97-
291, § 3,4-1-97; Ord. No. 97-307, § 3, 12-16-97)
22 344 Reseryed.
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FWCC - Nonconfonnance
Page 14
FEDERAL WAY CITY CODE
CHAPTER 22. ARTICLE XIII
DIVISION 7. LAND MODIFICATIONS
22-1091 General provisions.
(a) General. The applicant shall comply with this section with respect to all land surface
modifications. The requirements of Chapter 22, Article XIV, Critical Areas, shall govern for fill occurring
in critical aquifer recharge areas and wellhead protection areas.
(b) Nature of fill materials. All materials used as fill must be nondissolving and nondecomposing. Fill
materials must not contain organic or inorganic material that would be detrimental to water quality or
existing habitat or create any other significant adverse impacts to the environment. (Ord. No. 90-43, §
2(115.75(1), (2)), 2-27-90; Ord. No. 90-77, § 3(115.75(1), (2)), 12-11-92)
22-1092 Bonds.
The city may require the following bonds for any land surface modification approved by or under this
division:
(1) A performance bond to guarantee that the land surface modification will conform to city
standards and requirements.
(2) A maintenance bond for the stability of the work and the preservation of vegetation. (Ord. No.
90-43, § 2(115.75(5», 2-27-90; Ord. No. 90-77, § 3(115.75(5», 12-11-90)
22-1093 Permitted outright.
A land surface modification is permitted only if it:
(1) Has been approved as part of a valid development permit (except grading permits issued
under chapter 70 of the city's building code), subdivision, or substantial development permit; .'..
(2) Is for cemetery graves;
(3) Is in a right-of-way and authorized in writing by the director of the department of public
works;
(4) Is for mining, quarrying, excavating, processing, stockpiling of rock, sand,"gravel, aggregate
or clay where a permit has been issued by the state department of natural resources;
(5) Is for exploratory excavations under the direction of a professional engineer licensed in the
state, provided that the extent of the land surface modification does not exceed the minimurrrnecessary to
obtain the desired information;
(6) Is for normal maintenance and repair ofthe facilities of a common carrier by rail in interstate
commerce within its existing right-of-way;
(7) Is for excavations for utility service connections to serve existing and/or new structures and is
outside any area that is within the jurisdiction of FWCC 22-1221 et seq,;
(8) Is for actions which must be undertaken immediately, or within a time too short to allow for
compliance with the permit requirements of FWCC 22-1094, to avoid an imminent threat to public health
or safety; to prevent an imminent danger to public or private property; or to prevent an imminent threat of
serious environmental degradation. This determination wiB be made by the director of community
development;
(9) Is for the removal of overhanging vegetation and fire hazards or for removal of blackberry
vines or dead, dangerous or diseased trees when authorized by the building official;
(10) Is for placement offill on land owned or controlled by the city;
(11) Is an integral part of an ongoing agricultural or horticultural use on the subject property;
(12) Is conducted on property which contains a detached dwelling unit and which, because of the
size of the property or the location of the dwelling unit, cannot be further subdivided or divided; or
(13) Complies with all of the following criteria:
a. The subject property contains a permanent building or an active use.
b. The land surface modification will not change the points where the stormwater or
groundwater enters or exits the subject property; and will not change the quality, quantity, or velocity of
stormwater or groundwater.
c. The land surface modification is outside any area that is within the jurisdiction ofFWCC
22-1221 et seq.
d. In anyone-year period, not more than 100 cubic yards of fill material is deposited on,
excavated and removed from or moved from place to place on the subject property. If the subject property
is larger than one acre, the limit is 100 cubic yards within each acre.
e. No trees defined as significant trees will be removed and no vegetation will be removed if
that vegetation was required to be retained by or through any development permit issued under this
chapter or any prior zoning code.
f. If the subject property is two acres or larger and has 20 percent or more of its area covered
with native vegetation, the land surface modification will not remove more than 20 percent of that native
vegetation. The limitations ofthis subsection apply to all land surface modification on the subject
property over time.
g, The land surface modification will not result in more than a two-foot increase or one-foot
decrease in the average elevation of the subject property, computed using the e1evation of the midpoint of
each property line. (Ord. No. 90-43, § 2(115.75(3)), 2-27-90; Ord. No. 90-77, § 3(115.75(3)),12-11-90)
22-1094 Discretionary approval.
(a) Generally. A land surface modification that does not meet the requirements ofFWCC 22-1093
may be approved through process III.
(b) Required information. In addition to the application material required in process III, FWCC 22-
386 et seq., the applicant must submit the following:
(1) A recent survey of the subject property.
(2) A map showing the limits of the proposed land surface modification; the location of utilities,
easements, right-of-way improvements and any area regulated under FWCC 22-1221 et seq. that is on or
within 400 feet of any area to be disturbed by the proposed land surface modification.
(3) A tree retention plan.
(4) An erosion control/construction phase stormwater control plan.
(5) A soils report which contains sufficient information to detennine the potential impacts of the
proposed land surface modification, as well as proposed measures to reduce or eliminate these impacts,
all as detennined by the city.
(c) Decisional criteria. The city may approve the proposed land surface modification if it complies
with the fol1owing criteria:
(1) Except as allowed under this chapter, it will not alter or adversely affect streams, lakes,
wetlands or significant trees, either on or off the subject property.
(2) It will not violate any express policy of the city.
(3) It meets at least one of the following criteria:
a. It is necessary to correct an erosion or drainage problem on an undeve1oped site.
b. It is necessary to create new utility or access corridors.
c. Other unusual circumstances exist which make it reasonable to pennit land surface
modification in advance ofthe issuance of a development permit, subdivision or short subdivision
approval or shoreline substantial deve1opment pennit. (Ord. No. 90-43, § 2(115,75(4)), 2-27-90; aId. No. 90-
77, § 3(115.75(4)), 12-11-90; aId. No. 00-375, § 23, 10-3-00)
FWCC - Land Modifications
Page 2
22-1095 Tree and plant restoration.
If, during the land surface modification, any tree required to be retained or-planted is damaged or
destroyed, the applicant shall plant a tree of the same species at least five inches in diameter, as measured six
inches about the top of the root ball if deciduous and at least 17 feet high if coniferous, in the immediate
vicinity of the damaged or destroyed tree. The city may require the appJicant to remove the damaged or
destroyed tree. In addition, if the land surface modification destroys groundcover or shrubbery, the appJicant
shall hydroseed the bare soil and plant shrubs at least 24 inches in height in the immediate vicinity of the
damaged or destroyed vegetation. (Ord. No. 90-43, § 2(115.75(5)),2-27-90; Ord. No. 90-77, § 3(115.75(5»),12-11-
90)
22-1096 - 22-1110 Reserved.
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FWCC - Land Modifications
Page 3
FEDERAL WAY CITY CODE
CHAPTER 18
ENVIRONMENTAL PROTECTION
Articles:
I
II
III
In General
Environmental Policy
Shoreline Management
Article I.
IN GENERAL
Sections:
18-1 - 18-25 Reserved.
18-1 - 18-25 Reserved.
Article II.
ENVIRONMENT AL POLICY
Sections:
Division 1. Generally
18-26 Purpose and authority.
18-27 Adoption by reference.
18-28 Additional definitions.
18-29 Forms - Adoption by reference.
18-30 - 18-45 Reserved.
Division 2. Administration
18-46 Designation of responsible official.
18-47 Lead agency determination and responsibi1ities.
18-48 Fees.
18-49 Public notice.
18-50 Notice - Statute of 1imitations.
18-51 Administrative appeals.
18-52 - 18-70 Reserved.
Division 3. Categorical Exemptions and Threshold Determinations
18-71
IS 72
~ 18-72
~ 18-73
18-74
Adoption of regulations.
Timing.
Categorical exemptions - Rules.
Categorical exemptions - Flexible thresholds.
Planned actions - Definition and criteria,
18- 75 Ordinances or resolutions designation planned actions - Procedures for adoption.
18-76 Planned actions - Project review,
~ 18-77 Categorical exemptions - Determination.
+8--16 18-78 Threshold determination - Early review at conceptual level.
+8-+7 18-79 Threshold determination - Environmental checklist.
18-80 Threshold determination of nonsignificance.
+&-+& 18-81 Threshold determination - Mitigated determination of nonsignificance.
18-82 Optional DNS process.
+&-+9 18-83 - 18-95 Reserved.
Division 4. Environmental Impact Statement
18-96 Rules,
18-97 Preparation.
18-98 Other considerations.
18-99 Commenting.
18-100 -18-115 Reserved,
Division 5. Environmental Policy Statement
18-116 Definitions - Adoption by reference.
18-117 Use of existing environmental documents.
18-118 Compliance with State Environmental Policy Act ~ Adoption by reference.
18-119 State Environmental Policy Act decisions ~ Adoption by reference.
18-120 State Environmental Policy Act decisions- Forwarding recommendations.
18-121 State Environmental Policy Act decisions - Substantive authority.
18-122 State Environmental Policy Act policies.
18- 123 - 18-140 Reserved.
Division 6. Environmentally Sensitive Areas
18-141 Designation of areas.
18-142 Portfolio Critical areas maps and inventories.
18-143 Exemptions.
18- 144 Treatment of proposals.
18-145 - 18-160 Reserved.
Division 1. Generally
18-26 Purpose and authority.
The city adopts this policy under the State Environmental Pohcy Act (SEP A), RCW 43.21 c.120,
and the State Environmental Policy Act rules, Chapter 197-11 WAc. (Ord. No. 90-40, § 1(20.10), 2-27-90)
18-27 Adoption by reference.
The city adopts by reference, as now existing or amended, the basic requirements of the Washington
Administrative Code applying to the State Environmental Po1icy Act process as foHows:
(1) 197-11-040, Definitions.
(2) 197-11-050, Lead agency.
(3) 197-11-055, Timing of the State Environmental Policy Act process.
FWCC - Chapter 18, Environmental Protection
Page 2
(4) 197-11-060, Content of environmental review.
(5) 197-11-070, Limitations on action during State Environmental Policy Act process.
(6) 197-11-080, Incomplete or unavailable infonnation.
(7) 197-11-090, Supporting documents.
(8) 197-11-100, Information required of applicants. (Ord. No. 9010, § 1(20.20),227 90)
(9) 197-11-15 8, GMA project review - Reliance on existing plans, laws, and regulations.
(10) 197-11-164, Planned actions - Definition and criteria.
01) 197-11-168, Ordinances or resolutions designating planned actions - Procedures for
adoption.
(12) 197-11-172, Planned actions - Project review.
03) 197-11-210, SEPAIGMA integration.
04) 197-11-220, SEPAIGMA definitions.
(15) 197-11-228, Overan SEPAIGMA integration procedures.
(16) 197-11-230, Timing of an integrated GMAISEP A process.
(17) 197-11-232, SEP AlGMA integration procedures for preliminary planning, environmental
analysis, and expanded scoping.
(18) 197-11-235, Documents.
(19) 197-11-238, Monitoring. (Ord. No. 90-40, ~ 1(20.20),2-27-90)
18-28 Additional definitions.
In addition to those definitions contained within WAC 197-11-700 through 197-11-799 as now
existing or amended, when used in this article the following terms shan have these meanings, unless the
content indicates otherwise:
Critical ACJ..qllifer recharge area shall mean areas in which water reaches the zone of saturation by
surface infiltration. These areas whiefl-are hydrogeologic ally susceptible to contamination and
contamination loading potential including but not limited to such areas as sole water source aquifer
recharge areas, specIal protection groundwater management areas, well head protection areas, and other
areas with a critical recharging effect on aquifers used for potable water.
Department shall mean any division, subdivision or organizational unit of the city established by
ordinance, rule or order.
Early notice shall mean the city's response to an applicant stating whether it considers issuance of
a determination of significance likely for the applicant's proposal.
Fish and wildlife habitat conservation area shall mean the management of land for maintaining
species in suitable habitats within their natural geographic distribution so that isolated subpopulations are
not created. Habitat conservation areas include but arc not limited to such areas as:
(1) Areas with which endangered, threatened, and sensitive species have a primary
association;
(2) Habitats and species oflocal importance;
(3) Commercial and recreational shellfish areas;
(4) Kelp and eelgrass beds; herring and smelt spawning areas;
(5) Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide
fish or wildlife habitat;
(6) Waters ofthe state;
(7) Lakes, ponds and streams planted with game fish by a governmental or tribal entity;
(8) State natural area preserves and natural resource conservation areas; or
(9) Streams.
Frequently flooded area shan mean lands in the floodplain subject to a one percent or greater
chance of flooding in any given year including but not limited to such areas as streams, lakes, coastal
areas and wetlands.
FWCC - Chapter 18, Environmental Protection
Page 3
Geologically hazardous area shall mean areas, because of their susceptibility to erosion,
landsliding, seismic or other geological events, are not suited to siting commercial, residential or
industrial development consistent with public health or safety concerns. Geologically hazardous areas
include the following areas:
(1) Erosion hazard areas are those areas having severe to very severe erosion hazard due to
natural agents such as wind, rain, splash, frost action or stream flow.
(2) Landslide hazard areas are those areas potentially subject to episodic downslope
movement of a mass of soil or rock including but not limited to the following areas:
a. Any area with a combination of:
1, Slopes greater than 15 percent;
2. Penneable sediment (predominately sand and gravel) overlying relatively
impenneable sediment or bedrock (typically silt and clay); and
3, Springs or groundwater seepage.
b. Any area which has shown movement during the Holocene epoch, from 10,000 years
ago to present, or which is underlain by mass wastage debris of that epoch.
c. Any area potentially unstable as a result ofrapid stream incision, stream bank erosion
or undercutting by wave action.
d. Any area located in a ravine or on an active alluvial fan, presently or potential1y
subject to inundation by debris flows or flooding.
e. Those areas identified by the United States Department of Agriculture Soil
Conservation Service as having a severe limitation for building site development.
f. Those areas mapped as Class U (unstable), UOS (unstable old slides), and URS
(unstable recent slides) by the Department of Ecology.
g. Slopes having gradients greater than 80 percent subject to rockfall during seismic
shaking.
(3) SeIsmic hazard areas are those areas subject to severe risk of earthquake damage as a
result of seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface
faulting. These conditions occur in areas underlain by cohesionless soils of]ow density usually in
association with a shallow groundwater table.
(4) Steep slope hazard areas are those areas with a slope of 40 percent of greater and with a
vertical rehef of 10 or more feet, a vertical rise of ten feet or more for every 25 feet of horizontal distance,
A slope is delineated by established its toe and top and measured by averaging the inclination over at least
10 feet of vertical relief.
Regulated lakes shall mean Wetlands #8-21-4-26,7-21-4-71, 11-21-3-9,14-21-3-2,14-21-3-5,13-21-
3-12,9-21-4-38, 17-21-4-55,20-21-4-57, and 20-21-4-61 as shown in the June 19, 1999, City of Federal
Wav Final Wetland Inventory Report, except vegetated areas meeting the definition of "regulated
wetland" located around the margins of regulated lakes shall be considered regulated wetlands.
State Environmental Policy Act rules shall mean Chapter 197-11 WAC adopted by the
Department of Ecology.
Stream shall mean courses or routes, fonned by nature, including those modified by man, and
generally consisting of a channel with a bed, banks or sides throughout substantially all their length, along
which surface waters naturally and nonnally flow in draining from higher to lower elevations. A stream
need not contain water year round. In a developing setting, streams may run in culverts or may be
channeled in a concrete, rock or other artificial conveyance system. This definition is not meant to include
irrigation ditches, stonnwater faciJities or other artificial watercourses unless they are used by resident or
anadromous salmonid fish, or the feature was constructed to convey natural streams which existed prior to
construction of the watercourse.
FWCC - Chapter 18, Environmental Protection
Page 4
Wetland shall mean those areas that are inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support, and that tmder normal circumstances do support, a
pre-...calence of 'egetation typically adapted for life in saturated soil conditions. Wetlands generally include
s"'amps, marshes, bogs and similar areas, with the exception of the following areas sho'.vn in the King
County 'N etlands Inventory Notebook, Volume 3 South:
( 1) Lmver Puget Sound Beaoh;
(2) Lower Puget Sound I and 51; and
(3) Areas defined as a "regulated lake" pursuant to Chapter 22 FWCc.
Methodology in the January 1989 Federal Manual for Identifying and Delineating Jurisdictional
Wetlands, and subsequent United States Army Corps of Engineers regulatory guidance letters, will be
used for regulator; delineations ofvretlands within the city.
Wellhead capture zone shall mean an area in which groundwater is ca1culated to travel to a pumping
well. Capture zones are usua1ly defined according to the time that it takes for water within a particular
zone to travel to a well. Ca1culated capture zones usua1ly only approximate actual capture zones as a
result of assumptions required to conduct the ca1culation.
Wellhead protection area (WHP A) sha1l mean the surface and subsurface area surrounding a well or
we1lfield that supplies a public water system throu~h which contaminants are likely to pass and eventua1ly
reach the water welles) as designated under the Federal Clean Water Act.
Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas,
The March 1997 Washington State Wetlands Identification and Delineation Manual (Department of
Ecology pubhcation #96-94) as set forth in WAC 173-22-080, as it exists as or[\¡()\'~Dlber I, 1999, or as
subsequently amended, will be used for identification and delineation of wetlands w¡thm the city.
Although a site-specific wetland may not meet the criteria described above. it will be considered a
regulated wetland if it is functionally related to another wetland that meets the criteria.
Regulated wetlands means:
UlIh~se wetlands, as described belowLwNeh fall into one or more oftheful1Qwing categories:
a. Category I wetlands meet one of the following criteria:
I. Contain the presence of species or documented habitat recognized by state or federal
agencies as endangered, threatened or potentially extirpated plant. fish or animal species; or
2. Contain the presence of plant associations of infrequent occurrence, irreplaceable
ecological functions, or exceptional local significance including but not limited to estuarine
systems, peat bogs and fens, mature forested wetlands, groundwater exchange areas, significant
habitat or unique educational sites; or
3. Have three or more wetland classes, one of which is open water.
b. Category II wetlands are greater than 2,500 square feet in area, do not exhibit the
characteristics of Category I wetlands, and meet one of the following criteria:
1. Are contiguous with water bodies or tributaries to water bodies which under normal
circumstances contain or support a fish population, induding streams where flow is intermittent;
or
2, Are greater than one acre in size in its entirety; or
3. Are less than or equal to one acre in size in its entirety and have two or more wetland
classes, with neither class dominated by non-native inyasive species.
c. Category III wetlands are greater than 2,500 square feet in area and do not exhibit those
characteristics of Category I or II wetlands.
(2) See definition of "Regulated lakes."
Working day shall mean a day upon which the city is open for business. Other references to days
refer to calendar days. (Ord, No. 90-40, § 1(20.30),2-27-90; Ord. No. 91-105, § 5(20.30), 8-20-91)
FWCC - Chapter 18, Environmental Protection
Page 5
18-29 Forms - Adoption by reference.
The city adopts the following fonns and sections of Chapter 197-1 I WAC by reference, as now
existing or amended:
(1) WAC 197-11-960, Environmental checklist.
(2) WAC 197-11-965, Adoption notice.
(3) WAC 197-11-970, Detennination of non significance (DNS).
(4) WAC 197-11-980, Detennination of significance and scoping (DS).
(5) WAC 197-11-985, Notice of assumption of lead agency status.
(6) WAC 197-11-990, Notice of action. (Ord. No. 90-40, § 1(20.300),2-27-90)
18-30 - 18-45 Reserved.
Division 2. Administration
18-46 Designation of responsible official.
(a) For those proposals for which the city is a lead agency, the responsible official shall be the
director of the department of community development. The responsible official shan make the threshold
detennination, supervise scoping and preparation of any required environmental impact statement, and
perfonn any other functions assigned to the lead agency or responsible official by the State
Environmental Policy Act rules,
(b) The responsible official shall be responsible for the city's compliance with Chapter 197-11 WAC
whenever the city is a consulted agency, and is authorized to develop operating procedures that wi1l
ensure that responses to consultation requests are prepared in a timely fashion and lTIclude data from an
appropriate depaiiments of the city. (Ord. No. 90-40, § 1(20.40.10,20.40.20),2-27-90)
18-47 Lead agency determination and responsibilities.
(a) The responsible official, upon receiving an application for a nonexempt action or initiation by a
city department of a nonexempt action, shall determine the lead agency for that proposal under WAC
197 -11-050 and 197-11-922 through 197-11-940, unless the lead agency has been previously detennined
or the responsible official is aware that another department or agency is in the process of detennining the
1ead agency.
(b) When the city is not the lead agency for a proposal, an departments of the city shall use and
consider as appropriate either the detennination of nonsignificance or the tlnal environmental impact
statement of the lead agency in making decisions on the proposa1. No city department shall prepare or
require preparation of a detennination of nonsignificance or environmental impact statement in addition
to that prepared by the lead agency unless the responsible official detennincs a supplemental
environmental review is necessary under WAC 197-11-600.
(c) If the city, or any of its departments, receives a lead agency determination made by another
agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object
to the detennination. Any objection must be made to the agency originany making the detennination or
the city must petition the Department of Ecology for a lead agency detennination under WAC 197-11-946
within the 15-day time period. Any such petition on behalf ofthe city shan be initiated by the responsible
official.
(d) The responsible official is authorized to make agreements as to lead agency status or shared lead
agency's duties for a proposal under WAC 197-11-942 and 197-11-944.
(e) The responsible official shall require sufficient information from the applicant to identify other
agencies with jurisdiction.
(f) Within 90 days of reeeipt of issuing a Letter of Completeness for the a completed application and
environmental checkhst, the responsible official shan make a threshold detennination~ or notify the
FWCC - Chapter 18, Environmental Protection
Page 6
applicant that a determination of significance is likely and indicate the areas of likely impact. The
applicant may request an additional 30 days for the issuance of the threshold determination by the
responsible official, or for the responsible official to evaluate mitigation measures proposed by the
applicant. The responsible official shall grant such extension, if requested. A final determination shan be
made within 90 days from the receipt of the applicant's response for additional information, unless the
applicant requests an additional 30 days as provided in this section.
(g) A "completed application" and environmental checldist is defined to be:
( 1) Answers to all checklist items;
(2) An expanded environmental studies determined by the city to be required, whether provided
by the city, another agency with jurisdiction and/or expertise, or by the applicant at the request ofthe city;
(3) Text description and documents for nonproject action;
(4) Master land use application;
(5) Self-addressed, stamped envelopes required pursuant to FWCC;
(6) All required filing fees.
(h) Within :W 28 days of receipt of an application and an environmental checklist, the responsible
official shall either:
(l) Respond to the applicant in writing with a notification Letter of eÇompleteness or
Incompleteness; or
(2) Request in writing any additional information reasonably related to the responsible officia1's
determination whether or not the proposal is likely to have significant adverse environmental impacts.
(i) In the event applicant submits less than the complete information requested by the responsible
official pursuant to subsection (h)(l) or (h)(2) ofthis section, the application shan not be considered
complete. The responsible official may periodicany request in \witing the additional required information.
U) Only at such timc as applicant SUhlllit; to the city either the complete additional information
requested pursuant to subsection (h) of till:; section, or a \vritten response indicating the inability to
pro'/ide it the responsible official shall:
(1) L~sue a threshold determination within 90 days from receipt oCtile applicant's response of
issuing a Letter of Completeness; or
(2) Notify the applicant that a determination of significance is likely and indicate the areas of
likely impact. "A. final determination shall be made within 90 days from the receipt of the applicant's
response for additional information, unless the applicant requests an additional 30 days as provided in
subsection (Ie) of this section.
(k) The applicant may request an additional 30 days for the issuance of the threshold determination by
the responsible official, or for the responsible official to evaluate mitigation measures proposed by the
applicant. The responsible official shall grant such extension, ifrequested. (Ord. No. 90-40, § 1(20.50.10-
20.50.50),2-27-90; Ord. No. 93-192, § 1, \\-9-93)
18-48 Fees.
(a) The city shall establish fees for its activities in accordance with the provisions of this chapter:
(l) Threshold determination. For every environmental checklist the city will review when it is
lead agency, the city shall collect a fee from the proponent of the proposal prior to undertaking the
threshold determination. The time periods provided by this chapter for making a threshold determination
shall not begin to run until payment of fees.
(2) Environmental impact statement.
a. When the city is the lead agency for a proposal requiring an environmental impact
statement and the responsible official determines that the environmental impact statement shall be
prepared by employees of the city, the city may charge and coUect a reasonable fee from any applicant to
cover costs incurred, including overhead, by the city in preparing the environmental impact statement.
The responsible official shall advise the applicant of the projected costs for the environmental impact
statement prior to actual preparation.
FWCC - Chapter \8, Environmental Protection
Page 7
b. The responsible official may determine that the city wi11 contract directly with a consultant
for preparation of an environmental impact statement, or a portion of the environmental impact statement,
for activities initiated by some persons or an entity other than the city and may bill such costs incuaed
including overhead directly to the applicant. Such consultants shall be selected by the city.
c. The applicant shall pay the projected amount to the city prior to commencing work. The
city wiH refund the excess, if any, at the completion of the environmental impact statement. If the city's
costs exceed the projected costs, the applicant shall immediately pay the excess, and the city is not
obligated to proceed until the monies have been received, If a proposal is modified so that an
environmental impact statement is no longer required, the responsible official shall refund any fees
collected under subsection (a)(1) or (a)(2) of this section which remain after incurred costs, induding
overhead are paid.
(3) Appeals. All appeals shall be accompanied by a nonrefundable appeal fee.
(b) The city may coHect a reasonable fee from an applicant to cover the cost of meeting the pubhc
notice requirements of this article relating to the applicant's proposal. The city may charge any person for
copies of any document prepared under this chapter, and for mailing the document in a manner provided
by state law. (Ord. No, 90-40, § 1 (20.290.10 - 20.290.30), 2-27-90)
18-49 Public notice.
(a) The city shaH give public notice for project-related actions as follows:
(1) Notices wil1 be posted at the City Hall on each of the official pubhc notification boards of the
~and public libraryies, pubhshed in a newspaper of general circulation in the city, posted prominently
on the site and mailed to all owners of real property as shown in the records of the county assessor aflè--atl
occupants of real property located within 300 feet of the site and any interested party or agency who has
filed its name directly with the responsible official or as part of a public hearing or scoping process for the
following situations:
a. When the responsible oftìcial issues a determination of non significance, optional
determInation of nonsignificance, or mi ligated determination of nonsignitìcance;
b. When an appeal had been filed related to a threshold detem1ination as provided in this
article;
c. A draft environmental impact statement is available for public review and comment.
(2) In addition to the requirements of subsection (a)(l) of this section, notices wil1 be mailed to aH
owners of real property as shown in the records of the county assessor and all occupants of real property
located within 600 feet of a proposed project-related action for the foHowing situations:
a. When the city commences scoring;
b. Whenever the city holds a public hearing as required by WAC 197-11-535.
(b) Notice of public hearing shaH be issued no later than ;W 14 days before a public hearing.
(c) Notice of a threshold determination or environmental impact statement hearing on nonproject
proposals shall be published in a newspaper of general circulation in the city, mailed to interested parties
or agencies who have registered with the city, and posted'in the City Hall and library.
(d) The responsible official shall maintain a public list of all State Environmental Policy Act actions
known as the "city of Federal Way State Environmental Policy Act Register." The register shall be
available for public inspection during normal working hours, The register wil1 be revised ',veekly as
needed and the responsible official will mail copies to any person who has made a request and paid in
advance a fee based on the cost of reproducing and mailing. The requirements of this subsection are not
mandated by state regulations but will be provided by the city as voluntary extra notice. Failure to provide
this notice shall not affect the validity of any action or proceeding related to the State Environmental
Policy Act.
(e) The responsible official shall maintain a public list of the names of parties or agencies who have
indicated interest in receiving public notices related to any State Environmental Policy Act procedures.
FWCC - Chapter 18, Environmental Protection
Page 8
(f) The city may require an applicant to compensate the city for costs of compliance with the public
notice requirements for the applicant's proposal or to provide addressed lists and addressed, stamped
envelopes, unless that requirement is waived by the responsible official. (Ord. No. 90-40, § 1(20.180.10-
20.180.60),2-27-90)
18-50 Notice - Statute of limitations.
The city, applicant or proponent may publish a notice of action as provided by RCW 43.21 c.080 for
any final action taken under the provisions of this article. The form of the notice shaH be substantial1y in
the form provided in WAC 197-11-990. (Ord. No. 90-40, § 1(20.250),2-27-90)
18-51 Administrative appeals.
(a) Any interested party may appeal to the hearing examiner a threshold determination, or the
adequacy of a final environmental impact statement and conditioning or denial of an action except as
provided in subsection (b) of this section. The appeal shaH be conducted under the provisions of process
IV, FWCC 22-431 et seg.; provided, that the notice distribution requirements ofFWCC 22-436(b)ill
shal1 be replaced with the notice distribution requirements of FWCC 18-49(a) - (t).
(b) "^~ny goyemmental action not requiring a legislative decision that is conditioned or denied by a
nonelected city official shaH be appealed directly to the city council as provided by RCW 13.21C.060.
Appeal procedures shaH be conducted under the provisions ofW AC 197-11-680(3). Appeals are subject
to the restrictions in RCW 36.70B.050 and 36.70B.060 that local governments provide no more than one
open record hearing and one closed record appeal for permit decisions.
(c) Al1appeals filed under this section must be filed in writing with the city clerk within 14 calendar
days of the date of the decision appealed or the conclusion of the comment period or completion of the
gIVIng of required notices, whichever IS longer. All appeals shall contain a specific statement of reasons
why the decision of the responsible official is alleged to be in error.
(d) All relevant evidence shall be received during the appeal and the decision shall be made de novo.
The determination by the city's responsible official shall carry substantial weight in any appeal
proceeding.
(e) The decision of the hearing examiner on an appeal filed under this section shall be final.
(t) Appeals of the hearing examiner's fInal decision shall first be to the city council as provided in
process IV, FWCC 22-431 et seq.
(g) For any appeal under this section, the city shaH provide for a record that shall consist of the
following:
(I) Findings and conclusions;
(2) Testimony under oath; and
(3) A taped or written transcript.
(h) Upon filing an appeal to the city councilor a judicial appeal, any certifIed copies or written
transcnpts required for such shaH be prepared by the city at the expense of the appellant, subject to
possible reimbursement of transcript preparation costs as provided in FWCC 22-446. (Ord. No. 90-40, §
1(20.240.10 - 20.240.70), 2-27-90; Ord. No. 92-133, § 4,4-21-92; Ord. No. 93-185, § 1,8-17-93; Ord. No. 97-291,
§ 3,4-1-97)
18-52 - 18-70 Reserved.
Division 3. Categorical Exemptions and Threshold Determinations
18-71 Adoption of regulations.
The city adopts the foHowing sections of Chapter 197-11 WAC as now existing or amended, by
reference:
(1) 197-11-300, Purpose of this part.
(2) 197-11-305, Categorical exemptions.
FWCC - Chapter 18, Environmental Protection
Page 9
(3) 197-11-310, Threshold determination required.
(4) 197-11-315, Environmental checklist.
(5) 197-11-330, Threshold determination process.
(6) 197-11-335, Additional information.
(7) 197-11-340, Determination of non significance (DNS).
(8) 197-11-350, Mitigation determination of non significance.
(9) 197-11-360, Determination of significance (DS/initiation of scoping).
(10) 197-11-390, Effect ofthreshold determination. (Ord. No. 90-40, § 1(20.60),2-27-90)
18 72 TimiRg.
(a) Time estimates. The time estimates contained in this section apply '.vhen the city processes
licenses, as defined by Wi^"C 197 11 760, permits or appro'/als for private projects, and any go'/emmental
proposals submitted to the responsible official by other agencies or departments, The actual time may
'lary vlith the complexity of the project, cooperation of eonsulting agencies, ayailability of staff, etc., and
time estimates shaH not be construed to be mandatory.
(b) Categorical exemptions. The eity v<'ÍH normaHy identify 'Nhether an action is eategoricaHy exempt
within five working days of the date an applicant's eomplete application and eheeklist are submitted.
(c) Threshold determinations. The city win normaHy complete threshold determinations ',vithin the
designated number of days after receipt of a complete application and checklist as foHows:
(I) When the threshold determination is based solely on review of the environmental checklist: 15
working days.
(2) When further information is requested from applicant or consulting agency:
a. Information 'Nill be requestèd within 15 'Norking days.
b. The city 'Nil1 normally "",ait no longer than 30 working days for a consulted agency to
respond.
c. The responsible official will normally complete the thre:~hold determination within 15
working days of receiving the requested information.
(d) Initiation off'.Jrther studie:~ or field investigations. Additi(maktudie:; will nom1ally be compfe-I~
."-,,thin 30 "",orlcing days.
(e) Applicant recommends in vlriting that en'lironmental impact statement be prepared. Threshold
determination ',vill normally be completed within IS ';vorking days.
(D Response to request for early notice. The response '.vill normally be completed vlithin 10 \vorking
days of receipt of request, and the threshold determination within IS '.vorking days of receipt of the
clarified proposal, enyironmental checklist and/or permit application. (Ord. No. 90 10, § 1(20.70.10
20.70.60),2 27 90)
l-8--'7J 18-72 Categorical exemptions - Rules.
The city adopts by reference the following rules for categorical exemptions in Chapter 197-11 WAC,
as now existing or amended:
(1) 197-11-800, Categorical exemptions.
(2) 197-11-880, Emergencies.
(3) 197-11-890, Petitioning State Department of Ecology to change exemptions. (Ord. No. 90-40, §
1(20.80),2-27-90)
~ 18-73 Categorical exemptions - Flexible thresholds.
(a) The city establishes the following exempt levels for minor new construction defined in WAC 197-
11-800(1 )(b) based on local conditions:
(1) For residential structures up to four dweHing units.
(2) For agricultural structures covering up to 10,000 square feet.
(3) For office, commercial, recreational, service or storage buildings up to 4,000 square feet gross
floor area, and up to 20 parking spaces.
FWCC - Chapter 18, Environmental Protection
Page 10
(4) For parking lots up to 20 parking spaces.
(5) For landfills and excavations up to 500 cubic yards.
(b) Whenever the city establishes new exempt levels under this section, it shall send them to the State
Department of Ecology as required by WAC 197-11-800(1 )(c). (Ord. No. 90-40, § 1(20.90.10,20.90.20),2-
27-90)
18-74. Planned actions - Definition and criteria.
(1) A planned action means one or more types of project action that:
(a) Are designated planned actions by an ordinance or resolution adopted by the city;
(b) Have had the significant environmental impacts adequately addressed in an £IS prepared in
conjunction with:
(ì) A comprehensive plan or subarea plan adopted under chapter 36.70A RCW; or
(ii) A fully contained community, a master planned resort, a master planned development, or
a phased project;
(c) Are subsequent or implementing projects for the -proposals listed in (b) of this subsection;
(d) Are located within an urban growth area, as defined in RCW 36.70A030, or are located
within a master planned resort;
(e) Are not essential public facilities, as defined in RCW 36,70A200; and
(f) Are consistent with a comprehensive plan adopted under chapter 36.70A RCW.
(2) The city shall limit planned actions to certain types of development or to specific geographical
areas that are less extensive than its jurisdictional boundaries.
(3) The city may limit a planned action to a time period identified in the EIS or the designating
ordinance or resolution adopted under FWCC 18-76
18- 75. Ordinances or resolutions designating planned actions - Procedures for adoption.
(I) The city must designate a planned action by ordinance or resolution. Public notice and OpPOrllJl1ity
for public comment shall be provided as part of the agency's process for adopting the ordinance or
resolution.
(2) The ordinance or resolution:
(a) Shall describe the type(s) of project action being designated as a planned action:
(b) Shall describe how the planned action meets the criteria in FWCC 18-74 (including specific
reference to the EIS that addresses any significant environmental impacts of the planned action);
(c) Shall include a finding that the environmental impacts of the planned action have been
identified and adequately addressed in the EIS, subject to project review under FWCC 18-76; and
(d) Should identify any specific mitigation measures other than applicable development
regulations that must be applied to a project for it to qualify as the planned action.
(3) If the city has not limited the planned action to a specific time period identified in the £IS, it m(i)'
do so in the ordinance or resolution designating the planned action.
(4) The city is encouraged to provide a periodic review and update procedure for the planned action to
monitor implementation and consider changes as warranted.
18-76. Planned actions - Project review.
(1 ) Review of a project proposed as a planned action is intended to be simpler and more focused than
for other projects. A project proposed as a planned action must qualify as the planned action designated in
the planned action ordinance or resolution, and must meet the statutory criteria for a planned action in
RCW 43.21 c.031. Planned action project review shall include:
(a) Verification that the project meets the description in, and will implement any applicable
conditions or mitigation measures identified in, the designating ordinance or resolution; and
(b) Verification that the probable significant adverse environmental impacts of the project have
been adequately addressed in the EIS prepared under FWCC 18-7 4( 1 )(b) through review of an
FWCC - Chapter 18, Environmental Protection
Page 11
environmental checklist or other project review form as specified in WAC 197-11-315, filed with the
project application.
(2)(a) I[the project meets the requirements of subsection (1) of this section, the project shall qualify
as the planned action designated by the city, and a project threshold determination or EIS is not required.
Nothing in this section limits the city from using this chapter or other applicable law to place conditions
on the project in order to mitigate nonsignificant imf)acts through the normal local project review and
permitting f)rocess.
(b) If the project does not meet the requirements of subsection (1) of this section, the project is
not a planned action and a threshold determination is required. In conducting the additional environmental
review under this chaf)ter, the lead agency may use information in existing environmental documents,
including the EIS used to designate the planned action (refer to WAC 197-11-330 (2)(a) and 197-11-600
through 197-11-635). If an EIS or SEIS is prepared on the proposed project, its scope is limited to those
probable significant adverse environmental impacts that were not adequately addressed in the EIS used to
designate the planned action.
(3) Public notice for projects that qualify as planned actions shall be tied to the underlying permit. If
notice is otherwise required for the underlying permit, the notice shall state that the project has qualified
as a planned action. If notice is not otherwise required for the underlying permit, no special notice is
required. However, the city is encouraged to provide some form of public notice as deemed appropriate.
~ 18-77 Categorical exemptions - Determination.
(a) When the city receives an application for a license or a city department initiates a proposal, the
responsible official shall determine whether the license or proposal is exempt. The determination of
exemption shall be final and not subject to administrative review. The procedural requirements of this
article shall not apply to proposals or licenses which are determined to be exempt, nor shall an
environmental checklist be required to be completed.
(b) In determining whether a proposal is exempt the responsible official shall make certain the
proposal is properly defined and shall identify the governmental Itcense required. If the proposal includes
exempt and nonexempt actions. the responsible official shall determine the lead agency for the nonexempt
action.
(c) If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions
prior to completion of the procedural requirements of this article, except that:
(1) The city shall not give authorization for any action that is nonexempt, any action that would
have an adverse environmental effect, or any action that would limit the choice of reasonable alternatives;
(2) The city may withhold approval of an exempt action that would lead to modifications of the
physical environment serving no purpose if the nonexempt actions were not approved;
(3) The city may withhold approval of exempt actions that would lead to substantial financial
expenditures by a private appltcant when the expenditures would serve no purpose if the nonexempt
actions were not approved. (Ord. No. 90-40, § 1(20.100.10 - 20.100.30),2-27-90)
l8-% 18-78 Threshold determination - Early review at conceptual level.
(a) When the city's only action on a proposal is a decision on a building permit or other permit that
requires detailed project plans and specifications, the applicant may request in writing that the city
conduct an environmental review prior to submission of the plans and specifications. In addition to the
required environmental documents, the applicant shall submit any additional information as determined
by the responsible official.
(b) An applicant may request in writing early notice of whether a determination of significance (DS)
is likely under the following conditions:
(1) The request shall precede the city's actual threshold determination for the proposal;
(2) The proposal is sufficiently definite to allow meaningful environmental analysis;
FWCC - Chapter 18, Environmental Protection
Page 12
(3) Adequate information is available on the proposed action and potential environmental impacts
to make a threshold determination;
(4) The responsible official may require that additional information be submitted prior to
responding to the request for early notice.
(c) The responsible official's response to the request for early notice may:
(1) State whether the city currently considers issuance of a determination of significance likely
and, if so, indicate the general or specific areas of concern that are leading the city to consider a
determination of significance and whether any additional information is needed. The responsible official
may also indicate that with the approval of the applicant, a detennination of significance would be issued
and scoping initiated.
(2) State that the applicant may change or clarify the proposal to mitigate the indicated impacts,
and may revise the environmental checklist and/or proposal as necessary to reflect the changes or
clarifications.
(d) The city's written response to a request for early notice shall not be construed as a determination
of significance or nonsignificance. Preliminary discussion of clarifications of or changes to a proposal
shall not bind the city to consider the clarification or changes in its threshold detennination. (Ord. No. 90-
40, § 1(20.110.10 - 20.110.40),2-27-90)
t8-1+ 18-79 Threshold determination - Environmental checklist.
(a) A completed environmental checklist shall be filed at the same time as an application for a pennit,
license, certificate or other approval not exempted by this chapter unless the city and applicant agree that
an environmental impact statement is required, or State Environmental Policy Act compliance has been
completed or initiated by another agency. The checklist shall be m the form of WAC 197-11-960 with
such additions that may be required by the responsible oftìcial in accordance with WAC 197-] 1-906(4).
(b) For private proposals, the applicant normally shall be required to complete the environmental
checklist, although the cIty may decide to complete all or part of the checklist ifthe following occurs:
(1) The city has techl1lcal infonnation that is unavailable to the private applicant;
(2) The appiJcant has provided inaccurate information on previous or current proposals. (Ord. No.
90-40, § 1(20.120.10,20.120.20),2-27-90)
18-80 Threshold determination of nonsi2nificance.
(1) If the responsible official detennines there will be no probable significant adverse environmental
impacts from a proposaL the lead agencv shall prepare and issue a detennination of non significance
(DNS) substantially in the form provided in WAC 197-11-970. If an agency adopts another
environmental document in support of a threshold determination, the notice of adoption (WAC 197-11-
965) and the DNS shall be combined or attached to each other.
(2) When a DNS is issued for any ofthe proposals listed in (2)(a), the requirements in this subsection
shall be met. The requirements of this subsection do not apply to a DNS issued when the optional DNS
process in FWCC 18-82 is used.
(a) An agency shall not act upon a proposal for fourteen days after the date of issuance of a DNS
if the proposal involves:
(i) Another agency with jurisdiction;
(ii) Demolition of any structure or facility not exempted by WAC 197-11-800 (2)(f) or 197-
11-880;
(iii) Issuance of clearing or grading permits not exempted in Part Nine of these rules;
(iv) A DNS under WAC 197-11-350 (2). (3) or 197-11-360(4); or
(v) A GMA action.
FWCC - Chapter 18, Environmental Protection
Page 13
(b) The responsible official shan send the DNS and environmental checklist to agencies with
jurisdiction, the Department of Ecologv, and affected tribes, and each local agency or political
subdivision whose public services would be changed as a result of implementation of the proposaL and
shall giye notice under FWCC 18-49.
(c) Any person, affected tribe, or agency may submit comments to the lead agency within
fourteen days of the date of issuance of the DNS.
(d) The date of issue for the DNS is the date the DNS is sent to the Department of Ecology and
agencies with jurisdiction and is made public1y available.
(e) An agency with jurisdiction may assume lead agency status only within this fourteen-day
period (WAC 197 -11-948).
(f) The responsible official shan reconsider the DNS based on timely comments and may retain or
modify the DNS or, if the responsible official determines that significant adverse impacts are likely,
withdraw the DNS or supporting documents. When a DNS is modified, the lead agency shan send the
modified DNS to agencies with jurisdiction.
(3)(a) The lead agency shan withdraw a DNS if:
(i) There are substantial chan~es to a proposal so that the proposal is likely to have significant
adverse environmental impacts;
(ii) There is significant new information indicating, or on, a proposal's probable significant
adverse environmental impacts; or
(iii) The DNS was procured by misrepresentation or lack of material disclosure; if such DNS
resulted from the actions of an applicant, any subsequent environmental checklist on the proposal shan be
prepared directly by the lead agency or its consultant at the expense ofthe applicant.
(b) Subsection (3)(a)(ii) shan not apply when a nonexempt license has been issued on a private
project.
(c) If the lead agency withdraws a DNS, the agency shall make a new threshold determination
and notify other_,l)~eJ:lcleswith jurisdiction of thE:_\\Iithdrav\ié\lanQnew J.hreshold determinatlon.JL'lPSj~
issued, each agency\vù.h ¡unsdiction shall commenc,;~ é)ctiorl.tQ_suspend, modify, or revoJ;e al1L'lPRrovals
until the necessary envIronmental review has occurred~e also WAC 197-11-070).
l-8-'78 18-81 Thl"eshold determination - Mitigated determination of nonsigniticance.
(a) The responsible official may issue a determination of nonsignificance based on mitigating
conditions attached to the proposal by the responsible official or on changes or c1arifications proposed by
the applicant. When an applicant submits a changed or clarified proposal with a revised checklist, the city
shan base its threshold determination on the changed or clarified proposal as fonows:
(1) If the city indicated specific mitigation measures in response to the request for early notice,
and the applicant Included those measures, the city shall issue a determination of non significance if no
additional information or mitigation is required.
(2) If the city indicated areas of concern, but did not indicate specific mitigation measures, the
city shan issue a determInation of nonsignificance or determination of significance as appropriate.
(3) The applicant's proposed c1arification, changes, mitigations or other conditions must be
specific and presented in writing.
(b) Mitigation measures justifying issuance of a mitigated determination of nonsignificance may be
incorporated in the determination of nonsignificance by reference to agency staff reports, studies or other
documents.
(c) Mitigation measures incorporated in the mitigated determination of nonsignificance shan be
conditions of approval of the permit and may be enforced in the same manner as any conditions of the
permit, or any other manner as prescribed by the city. Failure to comply with the designated mitigation
measures shan be grounds for suspension and/or revocation of any license issued.
(d) The city shan not act upon a proposal for which a mitigated determination of non significance has
been issued until the appeal period has expired.
FWCC - Chapter 18, Environmental Protection
Page 14
(e) If the city's tentative decision on a permit or approval does not inc1ude mitigation measures that
were incorporated in a mitigated determination of nonsignificance for the proposal, the city should
evaluate the threshold determination to assure consistency with WAC 197- 11 -340(3)(a) re1ating to the
withdrawal of a determination of nonsignificance. (Ord. No. 90-40, § 1(20.130.1 0 ~ 20.130.50), 2-27-90)
18-82 Optional DNS process.
(1) If the city has a reasonable basis for determining significant adverse environmental impacts are
unlikely, it may use a single integrated comment period to obtain comments on the notice of application
and the likely threshold determination for the proposal. If this process is used, a second comment period
will typically not be required when the DNS is issued (refer to subsection (4) of this section).
(2) Ifthe lead agency uses the optional process specified in subsection (1) ofthis section, the lead
agency shall:
(a) State on the first page of the notice of application that it expects to issue a DNS for the
proposal, and that:
(i) The optional DNS process is being used;
(ii) This may be the only opportunity to comment on the environmental impacts of the
proposal;
(iii) The proposal may include mitigation measures under applicable codes, and the project
review process may incorporate or require mitigation measures regardless of whether an EIS is prepared;
and
(iv) A coPY of the subsequent threshold determination for the specific proposal may be
obtained upon request (in addition, the lead agency may choose to maintain a general mailing list for
threshold detemlination distribution).
(b) Llslmthe notice of application the condit[ons being considered to mlti!!,ate~nvlronmental
impacts, if a mitIgated DNS is expected;
[çl_('ol11ply witb the requirements for a notice OLill)21ication and public notic~ in FjVCC 18-49;
and
(d) Se.nd th~. notice of application and environnlental checklist to:
~gencl_es with jurisdiction, the Dcpartl1l~nt of Ecology, affected tribes, and each local
agency or political sllbdivislOn whose public servIces \Vollid be changed as a result of[mplementation of
the proposal; and
(ii) Anyone requesting a copv of the environmental checklist for the specifIc proposal (in
addition, the lead agency may choose to maintain a general mailing list for checklist distribution).
(3) If the lead agency indicates on the notice of application that a DNS is hkely, an agency with
jurisdiction may assume lead agency status during the comment period on the notice of application (WAC
197-11-948).
(4) The responsible official shall consider timely comments on the notice of application and either:
(a) Issue a DNS or mitigated DNS with no comment period using the procedures in subsection (5)
of this section;
(b) Issue a DNS or mitigated DNS with a comment period using the procedures in subsection (5)
of this section, if the lead agency determines a comment period is necessary;
(c) Issue a DS; or
(d) Require additional information or studies prior to making a threshold determination.
(5) If a DNS or mitigated DNS is issued under subsection (4)(a) of this section, the lead agency shall
send a copy of the DNS or mitigated DNS to the Department of Ecology, agencies with jurisdiction, those
who commented, and anyone requesting a COPy. A coPy of the environmental checklist need not be
recirculated.
1-8-+9 18-83 - 18-95 Reserved.
FWCC - Chapter 18, Environmental Protection
Page 15
Division 4. Environmental Impact Statement
18-96 Rules.
The city adopts by reference the following sections of Chapter 197-11 WAC, as now existing or
amended:
(1) 197-11-400, Purpose of environmental impact statement.
(2) 197-11-402, General requirements.
(3) 197-11-405, Environmental impact statement types.
(4) 197 -11-406, Environmental impact statement timing.
(5) 197-11-408, Scoping.
(6) 197-11-410, Expanded scoping.
(7) 197-11-420, Environmental impact statement preparation.
(8) 197-11-425, Style and size.
(9) 197-11-430, Format.
(10) 197-11-435, Cover letter or memo.
(II) 197-1 1 -440, Environmental impact statement contents.
(12) 197-11-442, Contents of environmental impact statement on nonproject proposals.
(13) 197-11-443, Environmental impact statement contents when prior nonproiect environmental
impact statement.
(14) 197-11-444, Elements of the environment.
(15) 197-11-448, Relationship of environmental impact statement to other considerations.
(16) 197-11-450, Cost-benefit analysis.
(17) 197-11-455, Issuance of determination of environmental impact statement.
(18) \97-1 1-460, Issuance of final environmental Impact statement. (Ord. No. 90-40, § I (20. 140), 2-
27-90)
18-97 Preparation.
(a) PreparatIon of environmental impact statements, supplemental environmental Impact statements,
and other envIrl)l1ll1ental documentation shall be under the direction of the responsible orticwl. The
documents may be prepared by the city staff, or by a consultant approved and directed by the city, but
will be paid for by the applicant. A consultant preparing or subconsultant participating 10 the preparation
of an environmental impact statement may not subsequently work for the proponent of the proposed
project. The responsible official shall notify the applicant of the city's procedure for environmental
impact statement preparation, induding review, approval and distribution of the draft and final
environmental impact statement.
(b) The city may require an applicant to provide information the city does not pòsscss, including
specific investigations relating to elements of the environment. The applicant is not required to supply
information not required under this chapter, or that is requested from another agency, provided this does
not apply to information requested under another statute or ordinance.
(c) Before the city issues a preliminary or final environmental impact statement, the responsible
official shall be satisfied that it complies with this chapter and Chapter 197-11 WAc. (Ord. No. 90-40, §
1(20.150.10 - 20.150.30), 2-27-90)
18-98 Other considerations.
As defined in WAC 197-11-448, the following information may be part of the existing environment
for purposes of content, but wi]] not be considered as elements of the environment requiring discussion in
the environmental impact statement or as criteria for threshold determinations:
(1) Finance and economics.
(2) Social policy.
(3) Cost-benefit analysis.
FWCC - Chapter 18, Environmental Protection
Page 16
(4) Nonconstruction aspects of education and communications. (Ord. No. 90-40, § 1(20.160),2-27-
90)
18-99 Commenting.
The city adopts the following sections of Chapter 197-11 WAC as now existing or amended by
reference:
(I) 197-11-500, Purpose of this part.
(2) 197-11-502, Inviting comment.
(3) 197-11-504, Availability and cost of environmental documents.
(4) 197-11-508, State Environmental Policy Act register.
(5) 197-11-535, Public hearings and meetings.
(6) 197-11-545, Effect of no comment.
(7) 197-11-550, Specificity of comments.
(8) 197-11-560, Final environmental impact statement response to comments,
(9) 197-11-570, Consulted agency costs to assist lead agency. (Ord. No. 90-40, § 1(20.170),2-27-90)
18-100 - 18-115 Reserved.
Division 5. Environmental Policy Statement
18-116 Definitions - Adoption by reference.
The city adopts by reference the following sections of Chapter 197-11 WAC as now existing or
amended, and as supplemented in this chapter:
(1) 197-11-700,Definitions.
(2) 197-11-702, Act.
(3) 197-11-704, Action.
(4) 197-11-706, Addendum.
(5) 197-11-708, Adoption,
(6) 1<)7-11-71 0, Affected tribe.
(7) 197-11-712, Affecting.
(S) 197-11-714, Agency.
(9) 197-11-716, Applicant.
(10) 197-11-718, Built environment.
(11) 197-11-720, Categorical exemption.
(12) 197-11-721, Closed record appeal.
f-hB 13 197-11-722, Consolidated appeal.
tH-) 11 197-1 1 - 724, Consulted agency.
ill) 197-11-726, Cost-benefit analysis.
fi-41 LW 197-11-728, County/city.
~ ill) 197-11-730, Decision maker.
(16) {l[l197-11-732, Department.
~ í.l2l 197 -11 - 734, Determination of nonsignificance.
fl-81 !1Ql197 -11-736, Determination of significance.
fl-9j @1 97 -11- 738, Environmental impact statement.
~ @197-11-740, Environment.
~ (2}l197 -11-742, Environmental checklist.
~ (Hl197-11-744, Environmental document.
~ (22l197-11-746, Environmental review.
(21) 197 11 718, Environmeatally sensitive areas.
~ £1.&197-11-750, Expanded scoping.
FWCC - Chapter I 8, Environmental Protection
Page 17
~ @197-11-752, Impacts.
~ @ 197-11-754, Incorporation by reference.
R-81 ß2.L197-11-756, Lands covered by water.
~ QQLI97-11-758, Lead agency.
~ £.1DJ97-11-760, License.
fJB Q1L197-11-762, Local agency.
~ QlLI97-11-764, Major action.
~ 0Æ.-197-11-766, Mitigated detennination of non significance.
fMj @197-11-768, Mitigation.
~ .Q§L197-11-770, Natural environment.
~ 0ll197-11-772, National Environmental Protection Agency.
fHj ill}J97-11-774, Nonproject.
(39) 197-11-775, Open record hearing.
~ ßQLI97-11-776, Phased review.
~ ß.l.t197-11-778, Preparation.
~ B2l197-11-780, Private project.
f4B ß1L197-11-782, Probable.
~ ~197-11-784, Proposa1.
f4B (ill197-11-786, Reasonable alternative.
t441 {ill197 -11-788, Responsible officia1.
~ B1l197-11-790, State Environmental Policy Act.
WH ~197-1 1-792, Scope.
f41-t {12l197-11-793, Scoping.
(-4&-t Œ.Ql197 - 11- 794, Signi ficant.
f491 ŒllI97-11-796, State agency.
(--W-) (22l197-1 1-797, Threshold determination.
~ ílJlI97-11-799, Underlying governmental action. (Ord. No. 90-40, ~ 1(20.260),2-27-90)
18- 117 l"se of existing environmental documents.
The city adopts the following sections of Chapter 197-11 WAC as now exlstingor amended by
reference:
( 1) 197-11-600, When to use existing environmental documents.
(2) 197-11-610, Use ofNEPA documents.
(3) 197-11-620, Supplemental environmental impact statements - Procedures.
(4) 197-11-625, Addenda - Procedures.
(5) 197-11-630, Adoption - Procedures.
(6) 197-11-635, Incorporation by reference -Procedures.
(7) 197-11-640, Combining documents. (Ord. No. 90-40, § 1(20.190),2-27-90)
18-118 Compliance with State Environmental Policy Act - Adoption by reference.
The city adopts by reference the following sections of Chapter 197-11 WAC as now existing or
amended, and as supplemented in this chapter:
(I) 197-11-900, Purpose of this part.
(2) 197-11-902, Agency State Environmental Policy Act policies,
(3) 197-11-916, Application to ongoing actions,
(4) 197-11-920, Agencies with environmental expertise.
(5) 197-11-922, Lead agency rules.
(6) 197-11-924, Detennining the lead agency.
(7) 197-11-926, Lead agency for governmental proposals.
(8) 197-11 -928, Lead agency for public and private proposals.
FWCC - Chapter 18, Environmental Protection
Page 18
(9) 197-11-930, Lead agency for private projects with one agency with jurisdiction.
(10) 197-11-932, Lead agency for private projects requiring licenses from more than one agency,
when one ofthe agencies is a county/city.
(11) 197-11-934, Lead agency for private projects requiring licenses from a local agency, not a
county/city, and one or more state agencies.
(12) 197-11-936, Lead agency for private projects requiring licenses from more than one state
agency.
(13) 197-11-938, Lead agencies for specific proposals.
(14) 197-11-940, Transfer oflead agency status to a state agency.
(15) 197-11-942, Agreements on lead agency status.
(16) 197-11-944, Agreements on division oflead agency duties.
(17) 197-11-946, Department of Ecology resolution of lead agency disputes.
(18) 197-11-948, Assumption oflead agency status. (Ord. No. 90-40, § 1(20.270),2-27-90)
18-119 State Environmental Policy Act decisions - Adoption by reference.
The city adopts by reference the following sections of Chapter 197-11 WAC as now existing or
amended:
(1) 197- 11-650, Purpose of this part.
(2) 197-11-655, Implementation.
(3) 197-11-660, Substantive authority and mitigation.
(4) 197-11-680, Appeals. (Ord. No. 90-40, § 1(20.200),2-27-90)
18-120 State Environmental Policy Act decisions - Forwarding recommendations.
For nonexempt proposals, any detennmation of nonsignificance or mitigated detennination of
nonslgnificance or completed draft and final environmental impact statement for the proposal shall
accompany the city staffs recommendatIon to any appropriate advisory body such as the planning
commISSIon, or to the hearing examiner or city council. (Ord. No. 90-40, § I (20210),2-27-90)
18-121 State Environmental Policy Act decisions - Substantive authority.
(a) The city may attach conditions to a permit or approval for a proposal so long as:
(1) Such conditions are necessary to mitigate specific adverse environmental impacts clearly
identified in an environmental document prepared under this chapter;
(2) Such conditions are in writing;
(3) Such conditions are reasonable and capable of being accomplIshed;
(4) The city has considered whether other local, state or federal mitigation measures applied to
the proposal are sufficient to mitigate the identified impacts; and
(5) Such conditions are based on one or more policies in FWCC 1 8-122 and are cited in the
permit, approval, license or other decision document.
(b) The city may deny a permit or approval for a proposal on the basis of State Environmental Policy
Act so long as:
(1) A finding is made that approving the proposal would result in probable significant adverse
environmental impacts that are identified in a final environmental impact statement or final supplemental
environmental impact statement;
(2) A finding is made that reasonable mitigation measures are insufficient to mitigate an
identified impact; and
(3) The denial is based on one or more policies identified in FWCC 18-122 and identified in
writing in the decision document. (Ord. No. 90-40, § 1(20.220.10,20.220.20),2-27-90)
FWCC - Chapter 18, Environmental Protection
Page 19
18-122 State Environmental Policy Act policies.
(a) The policies and goals set forth in this article are supplementary to those in the existing
authorization ofthe city.
(b) The city designates and adopts by reference the policies in this section as the basis for the city's
exercise of authority under this article. The city shall use all practicable means, consistent with other
essential considerations of state policy, to improve and coordinate plans, functions, programs, and
resources to the end that the state and its citizens may:
(1) Fulfill the responsibilities of each generation as trustee of the environment for succeeding
generations;
(2) Assure for all people of Washington safe, healthful, productive, and aesthetically and
culturally pleasing surroundings;
(3) Attain the widest range of beneficial uses of the environment without degradation, risk to
health or safety or other undesirable and unintended consequences;
(4) Preserve important historic, cultural, and natural aspects of our national heritage;
(5) Maintain, wherever possible, an environment which supports diversity ånd variety of
individual choice;
(6) Achieve a balance between population and resource use which will permit high standards of
living and a wide sharing of life's amenities; and
(7) Enhance the quality of renewable resources and approach the maximum attainable recycling
of depletable resources,
(c) The city recognizes that each person has a fundamental and inalienable right to a healthful
environment and that each person has a responsibility to contribute to the preservation and enhancement
of the environment.
(d) The city adopts by reference the following city codes, ordinances. resolutions, plans and policies
as now exist or as may hereinafter be amended or superseded:
(1) The Federal Way ComprehensIve Plan;
(2) The Federal Way City Code and documents adopted by reference therein, including without
lImItation the following chapters:
a. Zoning (Chapter 22 FWCC) and the official zoning map:
b. Subdivisions (Chapter 20 FWCC);
c. Surface and Stormwater Management (Chapter 21 FWCC);
d. Shoreline Regulation and the Shoreline Management Master Program (Chapter 18 FWCC);
aM
e. Methods to Mitigate Development Impacts (Chapter 19 FWCC); and
f. Solid Waste (Chapter 12 FWCC)
(3) The Shoreline Management Guide Book (DOE);
(4) The Washington State Flood Reduction Plan (1993 DCD);
(5) Ordinances relating to Surface Water Runoff, Ordinance No. 90 31 and Surface Water
Management, Ordinance No. 90 32;
(6) The 1999/2000 Lakehaven Utility District Comprehensive Sewer System Plan Update;
(7) The +999 Lakehaven Utility District Comprehensive Water System Plan Update;
(8) The Federal Way Comprehensive Parks, Recreation, and Open Space Cultural Services Plan;
(9) The King County Fire Protection District Number 39 Federal Way Fire Department Long
Range Plan;
(10) The Federal Way School District Number 210 Capital Facilities Plan;
(11) The Code of the King County Board of Heahh;
(12) The Federal 'Nay Solid Waste Management Plan;
(13) The Federal Way Recycle Plan;
(14) The Federal Way Transportation Improvement Plan;
FWCC - Chapter 18, Environmental Protection
Page 20
(15) The Federal Way Hazardous Waste Management Plan;
fl-éf .Q12 The Executive Proposed Basin Plan Hylebos Creek and Lower Puget Sound, King
County Surface Water Management, July 1991;
(17) The Federal Way Private Utility Element;
fl-8j Ql). The King County County-Wide Planning Policies, to the extent currently adopted by the
Federal Way city council, and as may be adopted hereafter;
fl-9) ail The -l-9n 2001 King County Final Comprehensive Solid Waste Management Plan,as--it
now exists or may hereafter be amended;
~ @ The Federal Way Comprehensive Surface Water Management Plan;
(21) The Guide to Conducting Wetland Inventories (DOE);
~ (lQ) Washington State Shoreline Management Act of 1971;
(23) The Standard Specification for Construction of Trails (Forest Service 1984);
f24j Ql) The Puget Sound Water Quality Management Plan;
~ í.lID The King County Division of Parks and Recreation Play Area Design and Inspection
Handbook;
~ {l2} The Sea-Tac Intemational Airport Impact Mitigation Study, February 1997, prepared by
Hellmuth, Obata and Kassabaum, Inc., and Raytheon Infrastructure Services, Inc., under a grant from the
state of Washington;
~ (20) The Washington State Department of Transportation Pavement Guide, February 1995;
~.ßll The Highway Capacity Manual, Special Report 209, Transportation Research Board,
1997;
~ (22) The Institute of Transportation Engineers, Trip Generation, 5th Edition, 1991;
~ @ The -l-99& King County Surface Water Design Manual~ (KCSWDM) and the Federal
Wav Addendum to the KCSWDM;
~ (24) The Stom1water Management Manual for the Pugct Sound Basin, Washington State
Department of Ecology, February 1 C)C)Î August 200 I;
ß-2j @ The King County Stonnwater Pollution Control Manual and Best Management
Practices (EMP manual); fffifl
(26) The January 2002LJRS Federal Way Stream InveTlt(2IY~élt1d
~(27) Planning documents not specifically listed above but referenced in the environmental
analysis of the city's comprehensive plan. (Ord. No. 90-40, § 1(20.230. 10, 20.230.20),2-27-90; Ord. No. 91-
109, § 2,9-17-91; Ord. No. 91-114, § 3,12-3-91; Ord. No. 92-130, § 3, 3-17-92; Ord. No. 92-136, § 3,4-21-92;
Ord. No. 92-137, § 1,5-5-92; Ord. No. 92-140, § 3,6-2-92; Ord. No. 93-184, § 1,8-17-93; Ord. No. 93-202, § 1,
12-21-93; Ord. No. 95-246, § 2,11-21-95; Ord. No. 00-365, § 3, 3-7-00)
18-123 -18-140 Reserved.
Division 6. Environmentally Sensitive Critical Areas
18-141 Designation of areas.
(a) The following areas of the environment are designated as environmentally sensitive critical areas
pursuant to RCW 36.70:\.060 36.70A.030(5) and \V.^.C 197 11 908:
(1) Critical A~quifer recharge areas and Wellhead protection areas (Wellhead Capture Zones 1, 5
and 10);
(2) Fish and wildJife habitat conservation areas;
(3) Frequently flooded areas;
(4) Geologically hazardous areas;
(5) Regulated Wwetlands; and
(6) Streams.
FWCC - Chapter 18, Environmental Protection
Page 21
(b) For each of these cnvironmentally sensitive critical areas, the responsible official shall use city
codes, ordinances, resolutions, plans and po1icies identified in FWCC 18-122 to preclude land uses and
development which are incompatible with these areas. (Ord. No. 90-40, § 1(20.280.10),2-27-90; Ord. No. 91-
105, § 6(20.280.10), 8-20-91; Ord. No. 93-192, § 2,11-9-93)
18-142 Portfolio Critical areas maps and inventories.
(a) The environmentally sensitive areas portfolio, comprised of Critical area maps and documents
inventories, generally designates the location of environmentally sensitive critical areas within the city
and is adopted by reference.
(b) Area-wide inventories and documents comprising the environmentally sensitive areas portfolio
identifying critical areas may not identify all environmentally sensitiye critical areas designated under this
section. Whether mapped or not, the provisions of this division will apply to all designated
environmentally sensitive critical areas located within the city. Whenever there is evidence of afl
environmentally sensitivc a critical area located within or in proximity to a nonexempt action, the
responsible official may require a special study to determine the extent such environmentally sensitive
critical area may exist. (Ord. No. 90-40, § 1(20.280.10),2-27-90; Ord. No. 91-105, § 6(20.280.10), 8-20-91)
18-143 Exemptions.
(a) For each environmentally sensitive critical area, the exemptions within WAC 197-11-800 that are
inapp1icable for that area are:
(1) WAC 197-11-800(1), Minor new construction, flexible threshold.
(2) WAC 197-11-800(2)(a) through (g), Other minor new construction.
(3) WAC 197-11-800(6)(a), Minor land use decisions, short plat approval.
(4) WAC 197-11-800(2/1)(a), (d), (g)ill}, Utilities.
(b) Unidentified exemptions shall continue to apply withlll environmentally sensitive areas of the city.
(c) As provided in WAC 197 11 gOO(3)(f), certain cKemptions do not apply on lands covered by
water, and this remains true resardless of '.vhether or not lands covered by watcr arc mapped. (Ord. No. 90-
40, § 1(20.280.10 - 20.280.30), 2-27-90: Ord. No. 91-105, § 6(20.280. 10). 8-20-91)
18-144 Treatment of proposals.
The city shall treat proposals located wholly or partially within an environmentally sens-i-t-i-v€ a critical
area no differently than other proposals under this chapter except as stated in FWCC 18-143. A threshold
determination shan be made for all such proposals. The city shall not automatically require an
environmental impact statement for a proposal mere1y because it is proposed for location in afl
environmentally sensitive a critical area. (Ord. No. 90-40, § 1(20.280.20),2-27-90)
18-145 -18-160 Reserved.
1:\2004 Code Amendments\ Wellhead Protectiol1\City Council\Environmental Protectiol1.docll 0/27/20049:24 AM
FWCC - Chapter 18, Environmental Protection
Page 22
~
CITY OF 4Il ~
Federal Way
MEMORANDUM
October 26, 2004
To:
Mayor and City Council Members
FROM:
David Moseley, City Manager
Kathy McClung, Director of Community Development ~s ~
Margaret H. Clark, AICP, Senior Planner ~
VIA:
SUBJECT:
Amendments to Federal Way City Code (FWCC) Chapters 22 and 18,
Critical Aquifer Recharge Areas and Wellhead Protection Areas, File #04-
102618-00-UP
MEETING DATE:
November 2, 2004
I.
BACKGROUND
The Land Use/Transportation Committee (LUTe) discussed the proposed amendments to Chapters
22 and 18, to protect Critical Aquifer Recharge Areas and Wellhead Protection Areas during public
meetings on October 4 and 18, 2004. During the October 4, 2004 meeting, the LUTC had a number
of questions regarding how the review process between the Lakehaven Utility District, Federal Way
Fire Department, and City of Federal Way would be coordinated. The LUTC was concerned about
duplication of regulation and their impact on businesses that handle or store hazardous materials.
Staff responded to the LUTe's questions in an October II, 2004 Staff Report; and during the
October 18, 2004, presentation to the LUTC, staff recommended changes to the proposed
amendments to reflect the LUTe's concerns. These changes are discussed in Section II of this
memorandum. In addition, staff made changes in response to a letter from Mark Asplund, an attorney
representing some local businesses. These changes are intended to clarify that the regulations would
not apply to existing businesses. Changes made subsequent to the October 18, 2004, LUTC meeting
to address LUTe's comments and to the kind of uses that would be regulated are shown as
(new language) and (proposed deletions) (Exhibit I-A).
II.
DISCUSSION OF AMENDMENTS MADE TO ADDRESS LUTC'S COMMENTS
Items No.1 and 2 address the LUTe's questions and comments, and Item No.3 is intended to c1arify
that the regulations would not apply to existing businesses.
1.
The LUTC inquired about the degree of cooperation that presently occurs or can occur between
the City of Federal Way, the Lakehaven Utility District, and the Fire Department. The LUTC
was concerned that business owners handling hazardous materials would have to fill out
duphcate checklists or survey forms from three different agencies. They inquired whether a
standard checklist could be utilized.
Staff Response: The proposed Wellhead Protection/Critical Aquifer Recharge Area regulations
will not result in duplication between the three agencies. All three agencies participate in the
City's Development Review Committee (DRC), which review development applications. When
an apphcation for a development permit in a Critical Aquifer Recharge Area and WeUhead
Protection Area is received, the DRC will review whether hazardous materials will be used,
stored, transported, or disposed of in connection with the proposed activity. This will be
determined through a completed Hazardous Materials Checklist, similar to that currently used by
the Lakehaven Utility District, which the applicant would fin out. Amendments have been made
to FWCC 22-1374 to codify this process (Exhibit I-A).
2.
The LUTC inquired whether hazardous materials could be broken down by type and quantity.
Staff Response: There are over 3,000 types of hazardous materials that can be utilized by
businesses, Some materials are hazardous only if stored or used incorrectly, Other materials are
considered hazardous only if stored in certain quantities. Therefore, it is not possible to have a
useable checklist for the public that includes a detailed list of every hazardous material by
critical quantity, i.e., different thresholds that identify at what quantity a specific hazardous
material could contaminate the groundwater. On the other hand, because ofthe unique
characteristic of different potentially hazardous materials, it may not be practicable to use just
one threshold. As a result, staff has deleted the original code language, which uses a threshold of
20 gaUons liquid or 200 pounds solid as a determination of when a Hydrogeologic Critical Area
Assessment Report should be prepared. Hazardous materials will be regulated on a case-by-case
basis, depending on the type of material. Amendments have been made to FWCC 22-1374 to
codify this process as follows (Exhibit I-A):
The Development Review Committee will review the Hazardous Materials Inventory
Statement along with the land use application, to determine whether hazardous materials
meeting the definition of FWCC 22-1 will be used, stored, transported, or disposed of in
connection with the proposed activity. The Development Review Committee shall make
the fol1owing determination:
(a) No hazardous materials are involved.
(b) Hazardous materials are involved; however, existing laws or regulations adequately
mitigate any potential impact, and documentation is provided to demonstrate compliance.
(c) Hazardous materials are involved and the proposal has the potential to significantly impact
Critical Aquifer Recharge Areas and WeUhead Protection Areas; however, sufficient
information is not available to evaluate the potential impact of contamination.
The City may then require an apphcant to prepare a Hydrogeologic Critical Area Assessment
Report in order to determine potential impacts on Critical Aquifer Recharge Areas and Wellhead
Protection Areas.
3.
In an October 18, 2004 letter, Mark Asplund, an attorney representing some local businesses,
requested that the code amendments be revised to clarify that the proposed amendments would
File #O4-1O2618-00-UP
Page 2
not apply to existing/ongoing uses and operations.
Staff Response: Staff has revised language throughout FWCC Chapter 22, Division 9, the new
code section intended to protect Critical Aquifer Recharge and Wellhead Protection Areas, to
state that the regulations would apply only to development activity or divisions of land, which
require review under Chapter 18, Environmental Protection, which is review pursuant to the
State Environmental Policy Act (SEP A). This clearly excludes existing businesses from
regulation, because SEP A review only applies to new businesses, expansion of existing
businesses, a change in use, or a division of land into five or more lots.
1:\2004 Code Amendments\WeIlhead Protection\City Council\Exhibit A to Adoption Ordinance\! 10204 Memo to
Cc.doc/IO/27/2004 8:53 AM
File #O4-IO26I8-00-UP
Page 3
EXHIBIT I-A
Division 9. Critical Aquifer Rechar2e Areas and Wellhead Protection Areas
22-1370 Limitations.
This division regulates dê\'e"tòþment acti'/ities and la-rì.â st:lffåeemodifications any development
åctivity. or division of land which requires review under Chapter 18, Environmental Protection. and
which is located within designated wellhead capture zones, Wellhead Capture Zones 1, 2. and 3 are
designated as critical aquifer recharge areas under the provisions of the Growth Management Act
(Chapter 36.70A RCW) and are established ba~çd on proximity to and travel. time of groundwater to the
city's public water source wells. This division shall not apply to projects that have received a Letter of
Completeness prior to the effective date of the amendments.
22-1371 Classification of wellhead capture zones.
The Lakehaven Utility District (LUD) has designated three wellhead capture zones based on
proximity to and travel time of groundwater to the city's pubhc water source wells:
(a) Wellhead Capture Zone 1 represents the land area overJaying the one-year time-of-travel zone
of any public water source well owned by LUD.
(b) Wellhead Capture Zone 2 represents the land area overlaying the five-year time-of-travel zone
of any public water source well owned by tUD, exc1uding the land area contained in Wellhead Capture
Zone 1.
(c) Wellhead Capture Zone 3 represents the land area overlaying the 10-year time-of-travel zone
of any public water source well owned by tUn, excluding the land area contained in Wellhead Capture
Zones 1 or 2.
22-1372 General requirements.
(I) Activities may only be permitted in a critical aquifer recharge area and wellhead protection area if
the applicant can show that the proposed activity will not cause contaminants to enter the aquifer;
(2) The city shall impose development conditions to prevent de~adation of the critical aquifer
recharge and wellhead protection area. All conditions to permits shall be based on known, available, and
reasonable methods of prevention control and treatment (AKART),
(3) The proposed activity must comply with the water source protection requirements and
recommendations of the Federal Environmental Protection Agency, State Department of Ecology, State
Department of Health. and the King County Health Department.
(4) The proposed activity must be designed and constructed in accordance with the King County
Surface Water Design Manual (KCSWDM). the Federal Wav Addendum to the KCSWDM. and the King
Countv Stormwater Pollution Control Manual (BMP manual).
22-1373 Prohibited activities in wellhead capture zone 1.
(1) Land uses or activities for development that pose a significant hazard to the city's groundwater
resources resulting from storing. handhng, treating, using, producing, recycling, or disposing of
hazardous materials or other deleterious substances shall be prohibited in Wellhead Capture Zone 1,
except as specified in FWCC 22-340. These land uses and activities inc1ude, but are not limited to:
a. On-site community sewage disposal svstems as defined in Chapter 248-272 WAC:
b. Hazardous hquid pipelines as defined in Chapter 81.88 RCW;
c. Solid waste landfills:
d. Solid waste transfer stations:
e. Liquid petroleum refining, reprocessing, and storage:
f. The storage or distribution of gasoline treated with the additive MTBE;
g. Hazardous waste treatment, storage, and disposal facilities (except those defined under permit
by rule for industrial wastewater treatment processes per Chapter l73-303-802f 5lr c J WAC);
h. Chemical manufacturing, including but not limited to, organic and inorganic chemicals,
plastics and resins, pharmaceuticals, cleaning compounds, paints and lacquers, and agricultural chemicals;
i. Dry cleaning establishments using the solvent perchloroethylene;
i. Primary and secondary metal industries that manufacture, produce, smelt, or refine ferrous and
non-ferrous metals from molten materials;
k. Wood treatment facilities, including wood preserving and wood products preserving;
1. Mobile fleet fueling operations;
m. Mining (metaL sand, and gravel); and
n. Other land uses and activities that the city determines would pose a significant groundwater
hazard to the city's groundwater supply.
(2) The uses listed in FWCC 22-1379(1) represent the state of present knowledge and most common
description of said uses. As other polluting uses are discovered, or other terms of description become
necessary, they will be added to the list of uses prohibited within this zone.
22-1374 Re2:ulation offacilities handlin2: and storin2: hazardous materials.
(1) Any land uses~åß~I\f¡IfmVìftés development actiVitýÔf)dîVišìöh of land which requifesfeVie\VÛÍlder
Chapter 18, Environmental Protection located in critical aquifer recharge areas (wellhead capture zones 1,
2, and 3) shall submit a Hazardous Materials Inventory Statement with a development permit application.
SiligJ@ famil:; nJ8ÙI@litial ö8@8 €!fftazanh~ös mah~rial8 €!r d@l@t@ri€!ö8 8öb8tan@e8 are @);@mJ!t K€!m this
r@€löiremruÜ, böt mä8t @€!nfflFm. t@ ttl@8e ~@rf@rman@@ 8tandanl8 in PNCC 22 1375.1. In additÜm, øOn-
going operation and maintenance activities of public wens by public water providers are exempt from
these requirements.
(2) Land uses and aøti'litiesthat in'/olve the use, storage, transport, or disposal of hazardous materials
as defined in fWCC 22 l.inq-uafitities equal or greater to 20 gallons liquid, or 200 pounds soHd, shall
submit a Hydrogeologie Critical Area Assessment Report and aSpiU Containment and Response Plan,
which shan at the minimufuêonform to the performance standards in FWCC 22 1381.
(3) A Hyd[llli:Ç910gic Critical1\reå ¡\sseSSl~lJlR~-lli.!rt shall be preparedill~ a-mlillif¡~- groundwater
scientist to determine the potential impacts of contamination on the aquiflT:~~:~port shall include the
fono'l/ing site and proposal related informajion, at 11 minimum:
(2) The Development Review Committee will review the Hazardous Materials Inv.entory Statement
along with the land use application, to determine whether hazardous materials meeting the definition of
FWCC 22-I.will be used. stored. transported or disposed of in connection.with th~oposed activity. The
Development Review Committee shaH make the fol1owing determination:
(a) No hazardous materials are involved.
(b) Hazardous materials are involved; however, existing laws adequately mitigate any potential
impact, and documentation is provided to demonstrate compliance with those regulations.
(c) Hazardous materials are involved and the proposal has the potential to significantly impact
Critical Aquifer Recharge Areas and Wellhead Capture Zones; however, sutììcient information is not
available to evaluate the potential impact of contamination. The City may r~ire a Hydrogeologic
Critical Area Assessment Report to be prepared by a qualified groundwater scientist in order to determine
the potential impacts of contamination on the aquifer. The report shall include the foHowing site and
proposal related information. at a minimum:
(i) Information regarding geologic and hydrogeologic characteristics of the site, including the
surface location of the wellhead capture zone in which it is located and the type of infiltration of the site.
(ii) Groundwater depth, flow direction, and gradient.
(iii) Location of other critical areas, induding surface waters, within 200 feet of the site;
(iv) Best Management Practices (BMPs) and Integrated Pest Management (!PM) proposed to
be used, including:
EXHIBIT I-A
FWCC - ERvironmeRtalIy St!Ð.sitive Meas Critical Areas
Page 2
1, Predictive evaluation of groundwater withdrawal effects on nearby we11s and surface
water features;
2. Predictive evaluation of contaminant transport based on potential releases to
groundwater; and
3, PredictiY<;_c\:;}lll~tiOl.l o( ch;.1n!!C5 i.!l.th~ ir!iiltr~tion 'rcclwrgc ratc.
(3) A Spi11 Containmen\ ¡\.D~I g~'spon~~ PlaI.l ts mayJ1c rcql.lir¡,:d to i(kl1l1l~ cqllipm\,;nt !!!ltL9r
structures that could faiL and sha11 include provisions for inspection as required by the applicable state
regulations.
(4) A Groundwater Monitoring Plan may be required to monitor quality and quantity of groundwater,
surface water runoff, and/or site soils. The city may require the owner of a facility to install one or more
groundwater monitoring wells to accommodate the required groundwater monitoring. Criteria used to
determine the need for site monitoring shall include, but not be limited to, the proximity of the facility to
production or monitoring wells, the type and quantity of hazardous materials on site, and whether or not
the hazardous materials are stored in underground vessels.
(5) The city may employ an outside consultant at the applicant's expense for third-party review ofthe
Hydrogeologic Critical Area Assessment Report, the Spill Containment and Response Plan, and the
Groundwater Monitoring Plan.
22-1375 Performance Standards.
illA-ill' new or existing use applying for a developmeñtpetmit, or subdivision approval which
requires review under Chapter 18, Environmental Protection within wcllhcadcapture zone 1, which
involves storing, handling, treating, using, producing, recycling, or disposing of hazardous materials or
other deleterious substances meeting the definition ofFWCC 22-1 shall comply with the following
standards:
( a) Secondary containment:
i. The owner or operator of any faci1ity or activity shall provide secondary containment for
hazardous materials or other deleterious substances, ittaggregate quantities equal to or greater than 20
gallons liquid or .200þoUi1.ds solid, in quantities specified in the International Fire Code. whichever is
sma11er.
ii. Hazardous materials stored in tanks that are subject to regulation by the Washington State
Department of Ecology under Chapter 173-360 WAC (Underground Storage Tank Regulations) are
exempt from the secondary containment requirements of this section, provided that documentation is
provided to demonstrate compliance with those regulations.
(b) Design and construction of new stormwater infiltration systems must address site-specific
risks of releases posed by a11 hazardous materials on site, These risks may be mitigated by physical design
means, or equivalent best management practices, in accordance with an approved Hazardous Materials
Management Plan. Design and construction of said stormwater infiltration systems sha11 also be in
accordance with the KCSWDM, as amended by the City of Federal Way, and shall be certified for
compliance with the requirements of this section by a professional engineer or engineering geologist
registered in the State of Washington.
(c) The fo11owing standards shall apply to construction activities occurring where construction
vehicles wjll bc refueled on site, and/or the quantitybfhazardous matcrials tfla.t meetingthédefinition of
FWCC 22-1 wi11 be stored, dispensed, used, or handled on the construction site is in aggregate quantities
eq1:lal to or greater than 20 sællons IÚ:¡uid or 200 J)oWlds solid. exclusive of the quantity of nazar-dous
material contained Í:B :fuel er fl\:âd reservoirs of eenstmetioR yehieles. As part of the city's proi ect
permitting process. the city may require any or a11 of the fo11owing items:
i. Detailed monitoring and construction standards;
EXHIBIT I-A
FWCC - Ef1VirOl:¡meHtally SeÐsiti'le Areas Critical Areas
Page 3
ii. Designation of a person on site during operating hours who is responsible for supervising
the use, storage, and handling of hazardous materials, and who has appropriate knowledge and training to
take mitigating actions necessary in the event of a fire or spill;
iii. Hazardous material storage, dispensing, refueling areas, and use and handling areas shall
be provided with secondary containment adequate to contain the maximum release from the largest
volume container of hazardous substances stored at the construction site;
iv. Practices and procedures to ensure that hazardous materials left on site when the site is
unsupervised are inaccessible to the public. Locked storage sheds, locked fencing, locked fuel tanks on
construction vehicles, or other techniques may be used to preclude access;
v. Practices and procedures to ensure that construction vehicles and stationary equipment that
are found to be leaking fueL hydraulic fluid, and/or other hazardous materials will be removed
immediately, or repaired on site immediately. The vehic1e or equipment may be repaired in place,
provided the leakage is completely contained;
vi. Practices and procedures to ensure that storage and dispensing of flammable and
combustible liquids from tanks, containers, and tank trucks into the fuel and fluid reservoirs of
construction vehic1es or stationary equipment on the construction site are in accordance with the
International Fire Code; and
vii. Practices and procedures, and/or on site materials adequate to ensure the immediate
containment and cleanup of any release of hazardous substances stored at the construction site. On site
clean up materials may suffice for smaller spills, whereas cleanup of larger spills may require a
subcontract with a qualified c1eanup contractor. Releases shall immediately be contained, c1eaned up, and
reported if required according to state requirements.
(2) Any ne'!.' or existing use applying for a development peHffit activity, or division ofland which
requires review under Chapter 18, EnvironmentalProtection within all wellhead capture zones (1,2, and
3), which involves storing, handling, treating, using, producing, recycling, or disposing of hazardous
materials, or other deleterious substances, meeting the definition of FWCC 22-1 shan comply with the
following standards:
(a) Fleet and automotive service station fueling, equipment maintenance, and vehicle washing
areas shall have a containment system for conecting and treating all runoff from such areas and
preventing release of fuels, oils, lubricants, and other automotive fluids into the soil, surface water, or
groundwater. Appropriate emergency response equipment shan be kept on site during the transfer,
handling, treatment, use, production, recycling, or disposal of hazardous materials or other deleterious
substances.
(b) Secondary containment or equivalent best management practices, as approved by the Director
of Community Development Services, shan be required at loading and unloading areas that store, handle,
I"'::;' I.-,. ;"",;!!,:". H.~,~~~:k. (II lIi";',,-,, \lr:I.~/,::..1,1',h In:!kli:!~-. \\1,,:1,-- ,:...':','::,).." -i:I"I:II;,~"~. 'II
;!r~r~~ÍI;\. 'lU¡II!Ii!l~ t'l l!l II I '10 or :1r\-:::~1 Iii:::! .~II ~:I!I(I!"'; liqllid (I, :~II(I ~\",:,:,:~ ..\1:,(1 P:,,','::lIg I¡~~ (!\.':Ù:¡II,'"
of FWCC 22-1.
(c) Fill material shan not contain concentration of contaminants that exceed cleanup standards for
soil as specified in the Model Toxics Control Act (MTCA), An Imported Fill Source Statement is
required for an projects where more than 100 cubic yards of fin wil1 be imported to a site. The city may
require analytical resu1ts to demonstrate that fin materials do not exceed cleanup standards. The Imported
Fill Source Statement shan include:
i. Source location of imported fin;
ii. Previous land uses of the source location: and
iii. Whether or not fin to be imported is native, undisturbed soil.
(d) An development or redevelopment shan implement best management practices (BMPs) for
water quality and quantity, as approved by the Director of Community Development Services. Such
practices include biofiltration swales and use of oil-water separators, BMPs appropriate to the particular
use proposed, cluster development, and limited impervious surfaces.
EXHIBIT I-A
FWCC - Environmentally 8ensiti'le .^.reas Critical Areas
Page 4
22-1375.1 Use of pesticides. herbicides. and fertilizers in critical aquifer rechan~e areas and
wellhead protection areas.
(1) R@8itl¡¡Rtial ä8i.J. A~13li(Jati~R ~f h~äS@høhl }}i.J8ti@itl(Js, hemieith]s, 1m€! !@rtiliz€fB Bhall RØt ¡¡¡(geed
times, ratgs, i.JøR@imtfatiøRB, aRd lø@atiøRB s~i)giMlHI ØR tfl.i.J ~aghgi1'lg.
aLQiRi)f us@s. Propose.9 dc"cdopments with maintaineqJançlsÇill2cd areas greater than 10,000 square
feet in area which requires review under Chapter 18. Environmental Protection shall prepare an
Operations and Management Manual using Best Management Practices (BMPs) and Integrated Pest
Management (IMP) for fertilizer and pesticidelherbicide applications. The BMPs shan include
recommendations on the quantity, timing, and type of fertilizers applied to lawns and gardens to protect
groundwater quality,
1:\2004 Code Amendments\WeIIhead Protection\City Council\Exhibit A to Adoption Ordinance\Exhibit I-A Environmentally
Sensitive Areas.doc/l 0/26/2004 5: I 8 PM
EXHIBIT I-A
FWCC - EßvireRæeRtalIy SeRsiti'le Areas Critical Areas
Page 5
~
CITY OF ~
Federal Way
MEMORANDUM
October 11, 2004
To:
VIA:
Jack Dovey, Chair
Land Use/Transportation Committee (LUTe)
David MO~~nage'
Kathy McClung, Director of Community De\!:elopment Services
Margaret H. Clark, AICP, Senior Planner ~
Janet Shull, AICP, Planning Consultant (\\.I.Å<- ~.Já'.
~\'v\ V .
FROM:
..
- SUBJECT:
Follow-up to October 4, 2004, LUTC Meeting
Amendments to Federal Way City Code (FWCC) Chapters 22 and 18
Critical Aquifer Recharge Areas and Wellhead Protection Areas, File #04-102618-00-UP
MEETING DATE: October 18, 2004
1.
BACKGROUND
Staff presented proposed amendments to FWCC Chapter 22, related to Wellhead Protection and Critical
Aquifer Recharge Areas (CARAs) on October 4,2004. The LUTC asked staff to research and follow up on a
number of concerns and/or questions and bring them back to the October 18,2004, LUTC meeting. The
LUTC questions and the staff responses are contained in Section II of this staff report.
II. REQUEST FOR ADDITIONAL FOLLOW-UP BY THE LUTC
. The' LUTC had a nùri1oer of questions regarding how the Lakehaven Utility District, Federal Way Fire
Department, and City of Federal Way would coordinate on the regulation üfbusinesses that handle or store
hazardous materials.
1)
The LUTC requested that a representative from Lakehaven and Fire attend the October 18,2004,
LUTC meeting.
Staff has invited Stan French, Water QualitylProduction Engineer with the Lakehaven Utility District,
and a representative from the Federal Way Fire Department to attend the next meeting.
2)
'Vhat is the degree of cooperation that occurs or can occur between these agencies? The LUTC
was concerned that business owners handling hazardous materials would have to fill out duplicate
checklists or survey forms from three different agencies. They inquired whether a standard
checklist could be utilized. '
The following table summarizes how the roles and responsibilities of the Lakehaven Utility District, City
of Federal Way, and Federal Way Fire Department would relate to each other in regard to Wellhead
Protection and protection of Critical Aquifer Recharge Areas.
Critical Aquifer Recharge and Wellhead Protection Areas, File #O4-IO2618-O0-UP
Page I
TABLE 1
Agency Lakehaven Utility District City of Federal Way City of Federal Way City of Federal Way Public Federal Way Fire
Planning Division Building Division Works Department Surface Department
Water Management Division
State Mandate Lakehaven Utility District (LUD) The City of Federal Way is None 'None None
is a Group A public water system required under the Growth
(public water systems that serve Management Act to adopt
25 or more persons or 15 or more regulations to protect critical
connections) and is therefore aquifer recharge areas.
mandated under federal and state
law to implement a Wellhead Critical Aquifer Recharge
Protection Program. Areas are the same as Wellhead
Protection Areas.
Authority Lakehaven Utility District has no The City of Federal Way can No specific regulatory No specific regulatory No specific regulatory
regu latory authority. regulate development within authority related to authority related to Wellhead authority related to
Wellhead Protection Areas! Wellhead Protection Protection or protection of Wellhead Protection or
Critical Aquifer Recharge or protection of Critical Aquifer Recharge protection of Critical
Areas through their Critical Aquifer Areas. Aquifer Recharge
development review process. Recharge Areas. Areas.
Role Maps Wellhead Protection Zones Reviews and permits all Reviews and approves The Surface Water Conducts yearly
applications to develop land all building permits Management Division reviews inspections of all
Updates an inventory every two and to expand or change all development and commercial uses
years. This inventory ranks existing uses. redevelopment for impacts to i
parcels within the Wellhead ground water quality. It also
Protection Area according to their responds to any problems
land use, location within the I associated with illegal
well's capture zones, and possible dischar:ge to groundwater.
susceptibility to contamination.
How Can Agency review can be coordinated through the City's Development Review Committee process. All development of land, including new uses,
Agency Review expansion of existing uses, and change of one use to a'different use must be reviewed by an interdisciplinary team, consisting of representatives from
be Coordinated? the City's Planning, Building, Surface Water Management Divisions, and the Lakehaven Utility District and Fire Department. All new uses, expansion
of existing uses, or change of uses would be required to fill out a Hazardous Materials Checklist, similar to that shown as Exhibit I. This is a new
checklist that Lakehaven has just created to be utilized in its biennial survey.
Critical Aquifer Recharge and Wellhead Protection Areas
October 11,2004, LUTC Memorandum
File #04-102618-00-UP
Page 2
Role of the Lakehaven Utility District
The Lakehaven Utility District (LUD) provides water and sewer to the City of Federal Way. The
LUC operates 16 wells within the-City that serve all of Federal Way's residents and businesses,
with the exception of some users who are served by private wells. Lakehaven' s role in Wellhead
Protection is to map the Wellhead Protection Areas (WHPA)/CARAs. In order to protect the
drinking water supply and to comply with state requirements, LUD has identified all parcels of
land located within the WHPA. In accordance with the Washington Administrative Code (WAC
246-290), LUD is required to update this program every two years. As a part of the update, they
perform a susceptibility analysis of parcels found within the groundwater "capture zones" that
provide drinking water to customers. They use this information to identify parcels that store,
generate, or handle hazardous materials that have a potential (if not maintained properly) to harm
the public drinking water supply provided by these wells, As part of this update, they send a
questionnaire (Exhibit 1)1 to all businesses'within tht: capture zones requesting informatÏún about
activities that mayor may not be occurring on the parcel of land (they are particularly interested
in the handling, storing and containment practices of chemicals or other hazardous materials).
They also send a letter to the owners-on-record for the parcels identified. This inventory identifies
whether the users are considered High, Medium, or Low Risk in relationship to pollution of the
Wellhead Protection Zone. Examples of High Risk Parcels include gas stations, car repair shops,
dry cleaners, buildings with hydraulic lifts, or businesses which use or store large amounts of
chemicals or solvents. Examples of Medium Risk Parcels include commercial properties that
could potentially have a future tenant storing or using hazardous substances, or long-term parking
for large machinery or trucks. Low Risk Parcels consist of land uses that have been identified as
posing a low risk to the groundwater should a leak or spill of hazardous materials occur onsite.
These parcels are primarily residential properties and vacant land. LUD then sends a notification
letter to high-risk businesses indicating that the property has been listed as a High Risk Parcel for
the wellhead protection program update, and encourages property owners and tenants to
responsibly oversee operations on the parcel.
How would the City's new regulations work?
The City is required by the Growth Management Act (GMA) to adopt regulations to protect
CARAs. If adopted by the City Council, regulations to protect Critical Aquifer Recharge Areas
and Wellhead Protection Areas would be implemented as part of the City's State Environmental
Policy Act (SEPA) review. This means that any application to develop land and to expand or
change existing uses located within a designated Wellhead Protection and Critical Aquifer
Recharge Area would be subject to these regulations.
The following is a summary of how the proposed Wellhead Protection and Critical Aquifer
Recharge Area regulations would be implemented:
1.
Every application for a land use permit for property located within a Wellhead Protection/
Critical Aquifer Recharge Area will be required to fill out a Hazardous Materials Checklist.
2.
This checklist, along with the land use application, will be reviewed by the members of the
Development Review Committee, which will make the following detennination:
I This is a new questionnaire that will be used by the Lakehaven Utility District for this year's (2004) update.
Critical Aquifer Recharge and Wellhead Protection Areas,
October I I, 2004, LUTC Memorandum
File #04-1026 I 8-O0-UP
Page 3
(a) No hazardous materials are involved.
(b) Hazardous materials are involved; however, existing laws already adequately mitigate
any potential impacts.
(c) Hazardous materials are involved and a Hydrogeologic C_ritical Area Assessment Report
rñust6e prepared. The report would identify additional mitigation measIHes required to
contain a spill.
Role of the Federal Way Fire Department
As shown in Table I above, the Fire Department is part of the Development Review Committee
responsible for reviewing all development within the City. However, the Fire Department also
has a role in inspecting existing businesses for compliance with the Fire Code. Over the course
of every year, the Fire Department visits every business within the City and conducts an
inspection relate.d to the prevention, control and mitigation of dangerous conditions. This
involves inspecting btJsinesses related to their storage, dispensing, use, and handling of
hazardous materials. This functiûñisnot specifically related to prq,tection of Wellheads or
Critical Aquifer Recharge Areas.
The Fire Department's role is one of on-going inspection and maintenance. The Fire Department
does not have a checklist that lists quantities of each hazardous material because they inspect for
over 3,000 different chemicals, each with different thresholds.
In general, Federal Way does not have a large manufacturing base, so there are not that many
materials being stored, The following is a list of the more common hazardous materials found in
the City.
Table II
Chemical Names Description Common UsesfUsers
I. Paint, Solvent Flammable and combustible liquid Vehicle repair and
painting operations
2. Gasoline Flammable liquid. Typically stored Vehicle service stations
and dispensed
3. Acetylene An unstable, reactive flammable gas Metal cutting and
welding
4. Liquid Propane Gas Used for storing, dispensing Welding and soldering
5. Chlorine Gas Oxidizer, colTosive, and toxic Water treatment
6. Calcium Hypochlorite Oxidizer and colTosive Pool chemicá!
7. Sodium Hypochlorite ColTosive Pool chemical
8. TrichIoroenthene Toxic carcinogenics Dry cleaning
Tetrachloroethene
The adoption of a Wellhead Protection/Critical Aquifer Recharge Area program would assist in
the Fire Department yearly inspection program by identifying new businesses that are using,
storing, or transporting haptrdous materials.
Critical Aquifer Recharge and Wellhead Protection Areas,
October 1 1,2004, LUTC Memorandum
File #04-1026 I 8-O0-UP
Page 4
Summary
In summary, the adoption of Wellhead Protection/Critical Aquifer Recharge Area regulations by
the City will not result in duplication. The Lakehaven Utility District provides water to all
- residents within the City, and is required by law to adopt a Wellhead Protection Program. The
District does not have any regulatory authority. The District delineates and maps Wellhead
Protection zones, which are equivalent to Critical Aquifer Recharge Areas. The City of Federal
Way, through its permitting process, would ensure protection of the drinking water supply
through documenting compliance with existing state laws, or in some circumstances, requiring
additional compliance identified through special studies. Not every business located within
Wellhead Protection Areas would be required to prepare a special study. This will be determined
through a completed Hazardous Materials Checklist, similar to that currently used by the
Lakehaven Utility District (Exhibit I), which the applicant would fill out. The Development
Review Committee, which includes the City, I.,.akehaven, and the Fire Department, would review
this checklist. Lastly, the role of the Fire Department would be to ensure that both new and
existing businesses continue to comply with the regulations.
3)
The LUTC would like the hazardous materials broken down by type and quantity.
Based on information from the Fire Department, there are over 3,000 types of hazardous
materials that can be utilized by businesses. Some materials are hazardous only if stored or used
incorrectly. The Lakehaven,Utility District, in Exhibit I, has attempted to summarize these
potentially hazardous materials. Based on information from both the Fire Department and
Lakehaven, Lakehaven's list of potentially hazardous materials covers all those materials
regulated by the Fire Department. However, the Fire Departme~t breaks down those listed by
Lakehaven into specific chemical types for enforcement purposes. Therefore, it is not possible to
have a useable checklist for the public that includes a detailed list of every hazardous material by
critical quantity, i.e., a threshold that identifies at what quantity a specific hazardous material
could contaminate the groundwater. As discussed above under Summary, the process of a tiered
review will help to identify businesses that have a high risk of contaminating the wellhead
protection areas and will also identify those businesses that may already comply with City
regulations by virtue of having to comply with state regulations.
4)
The LUTC would like to know how private wells are regulated. How would these
regulations interface with Wellhead Protection?
The City does not presently regulate the construction of private wells. Pursuant to WAC 173-
160, the Department of Ecology regulates the construction and decommissioning of all wells in
the State of Washington. The well operator who constructs the well, the property owner, and the
water well contractor are responsible and liable to take the necessary measures to guard against
waste and contamination of the groundwater resources. They are also responsible for notifying
the Department of Ecology of their intent to begin construction, alteration, or decommissioning
of a well by filling out a notice of intent 72 hours prior to the work. Although the City does not
regulate the construction of private wells, Section 22-1223 of the Federal Way City Code,
Chapter 22, Article XIV, "Environmentally Sensitive Areas," requires a 100-foot separation
around all wellheads, whether public or private. This would prohibit any construction within 100
Critical Aquifer Recharge and Wellhead Protection Areas,
October I I, 2004, LUTC Memorandum
File #04-IO26I8-OO-UP
Page 5
feet of a private well. In addition, the King County Board of Health, Title 12, Section 12.24.0 I 0,
and WAC 173-160-020 and 173-160-205 require that the property owner sign a Protective
Covenant which prohibits potential sources of contamination within a horizontal distance of not
less than 100 feet of the well. Exhibit 3 shows all known location of private wells based on
information from Lakehaven, Staff_also checked with the Department of Ecology; however, their
information was not specific to locafion, but was by Section, Township, and Range.
Neither the City nor the local health department regulates the drilling and location of private
wells; however, the separation around private wells is enforced by the City of Federal Way and
the health department, when the well's location is known. As presently proposed, the Wellhead
Protection and Critical Aquifer Recharge Ordinance would not govern private wells.
5)
What is the effect if a jurisdiction does not adopt Critical Aq uifer Recharge Areas/
Wellhead Protection Regulations by the statutory deadline of December 1, 2004?
State law requires King County and all of its cities to revise their comprehensive plans and
development regulations to ensure the plan and regulations comply with the requirements of the
Growth Management Act (GMA) by December I, 2004. Adoption of a Critical Aquifer Recharge
Area/Wellhead Protection Ordinance is a requirement under GMA. If a jurisdiction does not meet
this deadline, it would be listed in the state's Office of Community Development's (OCD) (the
agency that administers the GMA) database as not in compliance with the GMA Update
requirements and would be vulnerable to a "failure to act" determination by the growth
management hearings board. It would also not be eligible to apply for funding from the Public
Works Trust Fund or from the Centennial Clean Water Fund. Other state funding agencies
would also consider its non-compliance status in making decisions on whether to provide
funding to that jurisdiction. "Fail':lre to act" appeals to the growth management hearings boards
are open-ended; they may be filed at any time following the statutory deadline.
III. LAND UsEffRANSPORTATION COMMITTEE OPTIONS/STAFF RECOMMENDATION
The Committee has the following options:
1. Recommend that the full Council adopt an ordinance approving the proposed code
amendments as recommended by the Planning Commission, and the additional changes
related to nonconformance proposed by staff. (These changes are shown in Section III. I
and IV of the October 4,2004, Staff Report.)
2. Recommend that the full Council modify and then approve the proposed code amendments.
3. Recommend that the full Council disapprove the proposed code amendments,
Staff recommends that the LUTC recommend to the full Council Option No. I above, that is, adoption
of the Planning Commission's recommendations and the additional staff changes.
Critical Aquifer Recharge and Wellhead Protection Areas,
October I I, 2004, LUTC Memorandum
File #04- I 026 I 8-O0-UP
Page 6
VI. LAND UsEffRANSPORTATlON COMMITTEE RECOMMENDATION
The LUTC forwards the proposed amendment to the full Council for first reading as follows:
As recommended by Planning Commission, including the additional staff changes.
(
As recommended by Planning Commission, including the additional staff changes, and as
amended by the LUTe.
APPROV AL OF COMMITTEE ACTION:
LIST OF EXHIBITS
Exhibit I
Exhibit 2
Exhibit 3
Lakehaven Utility District Hazardous.Materials Questionnãlre
List of Critical Materials Activity from Lakehaven Utility District
Location of Private Wells from Lakehaven Utility District
1:\2004 Code Amendments\ WeUhead Protectioo\LUTOREVISIONS TO LUTO I 0 1804 Staff Re¡xxt to LUTc.docll 0/11120048:59 AM
Critical Aquifer Recharge and Wellhead Protection Areas,
October I I, 2004, LUTC Memorandum
File #04-IO26I8-OO-UP
Page 7
~._..
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HAZARDOUS MATERIALS QUESTIONNAIRE
WELLHEAD PROTECTION PROGRAM
'., -
Lakehaven Utility District réQuests all business or facilities operating within a
delineated "Wellhead Protectioll Area" complete and submit this Hazardous Materials
Questionnaire. Please return this Questionnaire addressed to:
Lakehavell Utility District
Wellhead Protectioll Program
P.O. Box 4249
Federal Way, WA 98063-4249
SECTION I
Please provide the following information: Phone numbers, description of your business activity and operator
infonnation. Please provide the contact infonnation for the person responsible for filling out this form if
different from the business owner. After completing Section I, complete Sections II , III, & IV
Business Name: Today's Date:
Description of Business Activity:
Business Owner's Name: Phone: ( )
Business Address: SuitelBldg.#
City: I State: Zip:
Business Representative/Contact Name:
Contact address if different from above: -
Contact Phone: ( ) I Fax: ( ) E-Mail:
SECTION II
Provide the approximate quantity of all of the following types of hazardous materials or deleterious substances
that are or will be stored, handled, treated, used, produced, recycled, or disposed of at your business or facility.
If you do not use any of the types or quantities of materials listed below proceed to Section Ill.
MA TERAIL LIQUID (gallons) SOLID (pounds)
(1) Acid or basic solutions or solids
(2) Antifreeze or coolants
(3) Bleaches, peroxides, detergents,
surfactants, disinfectants, bactericides,
algaecides
H:\Projects\ Wellhead Protection Program\2004\Questionnaire\SAF
EXH\B\T- ..)~~
PAGEi
SECTION II Continued....
MA TERAIL LIQUID (gallons) SOLID (pounds)
(4) Brake, transmission, hydraulic fluids .
(5) Brine solutions
(6) Corrosion or rust prevention solutions
'(7tCutting fluids .-
(8) Deicing materials
(9) Dry cleaning or cleaning solvents
(10) Electroplating or metal finishing
solutions
(11) Engraving or etching solutions
(12) Explosives .--
(13) Fertilizers
(14) Food or animal processing wastes
(15) Formaldehyde
(16) Fuels, additives, oils, greases
(17) Glues, adhesives, or resins
(18) Inks, printing, or photocopying
chemicals
(19) Laboratory chemicals, reagents or
standards
(20) Medical, hospital, pharmaceutical,
dental, or veterinary fluids or wastes
(21) Metals (hazardous e.g. arsenic, copper,
chromium, lead, mercury, silver, etc.)
(22) Paints, pigments, dyes, stains, varnish, -
sealers~
(23) Pesticides, herbicides or poisons
(24) Plastic resins, plasticizers, or catalysts
(25) Photo development chemicals
(26) Radioactive sources
(27) Refrigerants, cooling water (contact)
(28) Sludges, still bottoms
(29) Solvents, thinners, paint removers or
strippers
(30) Tanning (leather) chemicals
(31) Transformer, capacitor oils/fluids,
PCB's
(32) Waste Oil
(33) Wood preservatives
(34) List OTHER hazardous materials or
deleterious substances on a separate sheet.
EXHIBIT_- -J'
H:\Projects\ Wellhead Protection Program\2004\Questionnaire\SAF P AGE 2. 1-..J E P Y #2 .
SECTION III
Check box # I if you do not štore, handle, treat, use, produce, recycle, or dispose of any of the types and
quantities of hazardous material or deleterious substance listed in Section II, proceed to Section lV. Check
box(s) #2 - #5, ¡fthey apply to your facility or activity. . You must complete Section IV. si!!:n and return the
completed Questionnaire. -
#1 [ I My business or facility does not store, handle, treat, use, produce, recycle, or
dispose of any of the types and quantities of hazardous materials or
deleterious substances listed above. -
#2 [ I Fuel tanks for our building heating system has a capacity of less than one
thousand one hundred (1, 100) gaHons and exists for consumptive use on the
parcel. Please check one: Buried tank [ I Above ground tank [ ]
#3 [ I Petroleum products are stored in a vehicle or equipment fuel tanks.
Storage within wholesale and retail facilities of hazardous materials or other
#4 [ I deleterious substances are for sale in original containers with a capacity of
less than or equal to five (5) ~allons liquid or one hundred (100) pounds solid.
The pr~sence of chemical substances on this parcel is for "temporary" non-
#5 [ I routine maintenance or repair of the facility (such as paints and paint
thinners) and are in individual containers not exceeding five (5) gaHons liquid
or one hundred (100) pounds solid. .
SECTION IV
Check an of the followin items that currently exist or will be installed in the future at your business or facili .
#1 [ Stormwater infiltration system (e.g., french drain, dry wen, stormwater
swale, etc.
Underground storage tank, hydraulic lifts or elevator, chemical systems or
other machine that uses hazardous materials.
Cathodic rotection wells
Water wens, monitorin wells, resource rotection wells, iezometers
Leak detection devices, training for employees for use of hazardous materials,
self-contained machine, etc.
#2 [
#3 [
#4 [
#5 [
Please sigll this Questiollllaire and returll it within the /text 30 days of receipt using the
enclosed ellvelope or the returll address Oil tllefrollt of the Questiollnaire.
I certify under penalty of law that the above information is true and correct to the best
of my knowledge.
Signature
Date
Printed Name
Title
H:\Projects\Wellhead Protection Program\2004\Questionnaire\SAF
EXHIBIT- . I
p AGEJ- ~)~AGR4
Critical Materials Activity List. The following types
of business activity have been found to use, handle or
store critical materials. For the purposes of
administering this ordinance, proposed activities fitting
one of the general business descriptions provided or
having one of the specified Standard Industrial
ID
No.
1017
1018
1019
1020
1021
1022
1023
1024
1025
1026
1027
0001'
0002
0003
0004
0005
0006
0007
0008
0009
0010
00-11
0012
0013
0014
0015
0016
0017
0018
0019
0020
0021
0022
I
H
f ,i
~ !
L¡;
i "
: :
¡;
!
S;u.t<~; ~
Substance Name
Copper salts, N EC
Iron salts, NEC
Lead salts, NEC
Manganese salts, N EC
Mercury salts, NEC
Nickel salts, NEC
Selenium salts, NEC
Silver salts, NEC
Sodium salts, NEC
Thallium salts, NEC
Zinc salts, NEC
2,4-Dimethylphenol '
Bis-{2-ethylhexyl) phthalate
1,2,4-Trichlorobenzene
Ethyl benzene
Isopropyl benzene
2,4-Dinitrotoluene
2,6-Dinitrotoluene
m-Xylene
Styrene
Bis (2-chloroethyl) ethe
N-Nitroso-di-N-butyl ine
N-Nitrosopyrrolidin
N-Nitrosodipheny' mine
Isophorone
Toxaphene
Methoxychl
Ethylene col
Isopropy' alcohol
Oil an rease
Gas¡:) ne
Die el (Fuel Oil)
P enolsl'N EC
DOE
Designation
Critical Quantity
Reference Kg
1,000 Ib 323
1 300 Ib 96.9
1 50 la 16.2
1 50 Ib 16.2
1 2 la 0.646
1 13.4 Iia 4.33
1 10 la 3.23
1 50 la 16.2
1 500 VI 162
1 13.4 Ita 4.33
1 5,000 Ib 1,615
4 400 Ita 129
7 15,000 Ita 4,845
4 0.0072 Ita 0.002
4 100 IV 32.3
4 100 Iv 32.3
-,- 1\,9 1.1 Ita 0.355
4,9 1.1 lIa 0.355
4 1,100 IV 355
50 IV 16.1
6 0.3 Iia 0.096
9 0.064 lIa 0.020
9 0.160 lIa 0.051
9 49 lIa 15.8
9 200 Ita 1,680
2 5 la 1.62
2 la 32.3
11 UI 32.3
11 III 323
4,10 Ib 323
4,10 Ib 323
4,10 323
4 0.323
Classification codes should be assumed to have crit;
materials on site unless the proponent provides
assurance otherwise. Chemicals in addition to thos<
listed be found on some sites. In some cases SIC Co<
other than those listed may be associated with a get
category.
Critical Materials Activity
Type of Business
Agricultural Chemical
Warehousing and Distribution
SIC Codes Possible Critical Materials
Critical Quantity
1,600 Ib as NH4NO3
370 Ib as NH4N03
3,000 Ib as {NH4}2S04
1,200 Ib as KCI
5191
2873
2874
2875
2879
Ammonium
Nitrate
Sulfate
Chloride
Pesticides and herbicides
Aluminum Rolling Mills
232
3353
Hydrocarbon solvents
Methyl ethyl ketone
1,1,1.Trichloroethane
Gasoline and Diesel fuels
110 gal
105 gal
70 gal
110 gal
.,
t
.51
EXHIBIT~. 2.
PAGE , OF .3
,-- j. ¡ ,
"
"
.
Critical Materials List (cont'd.)
Type of Business SIC Codes Possible Critical Materials
Aluminum Rolling Mills
(cont'd.)
Critical Quantity
Aluminum Reduction
3334
3341
Chloride salts
- Chromium salts
Fluoride salts
Chromium salts
Gasoline and Diesel fuels
Fluoride and Cyanide wastes
1,00
OlbasNaCI
90 Ib as Na2Cr207
300 Ib as AIFj-
90 Ib as Na2Cr207
11 0 gal
Building Materials Production
Chemical Manufacturing
2435
2436
2439
2491
2492
2813
2816
2819
Pentachlorophenol
Copper salts
Chromium salts
Phenolic resin glue
Caustic soda
All types of chemicals
may be on site
70 gal 5% soln.
90 Ib as CuS04
90 Ib as NaCr207
151b based on formaldehyde
850lb
5161
Chemical Warehousing and
Distribution
Cleaning Supplies, 2841
Manufacturing and Distribution 2869
5087
5161
All types of chemicals
may be on site
Isopropyl alcohol
Chlorinated phenols
Dibutylphthalate-
110 gal
20lbs
3000 gal
Dry Cleaning Establishments
7215
7217
Educational Institutions
8221
8222
3612
3641
3662
3674
3677
3679
3825
3993
3471
Electrical and Electronic
Products Manufacturing
3993 Electroplating Operations
Foundries
3321
3322
3325
3361
3362
3369
7641
Furniture Refinishing
TrichIoroethene
TetrachIoroethene
Hydrocarbon solvents
All chemicals may be present
present in laboratory quantities
Metal salts (Cu, Nit Zn)
Cyanide
Methylene chloride
1 t 1 t 1-Trichloroethane
Acetone
Methyl ethyl ketone
Formaldehyde
Metal salts (Cr, Cu, Ni & Zn)
Cyanide
Sodium Phosphate
Trichloroethene
T etrachloroethef1e
Xylene
Other solvents
Metal salts (Cr, Cu, Ni & Zn)
Cyanide
Trichloroethene
Isopropyl alcohol
Caustic soda cleaning soln.
Methylene chloride
Acetone
Hydrocarbon solvents
Paint related products
2.5 gal
2.0 gal
110 gal
90lb
150 gal 10% NaCN soln.
10gaI
70 gal
60 gal
105.gal
1 gal
90lb
150 gal 10% NaCN soln.
300 gal 30% soln.
2.5 gal
2.0 gal
11 0 gal
110 gal
90lb
1251bs as NaCN
2.5 gal
110 gal
250 gal 35% soln.
10 gal
60 gal
110 gal
Medical Facilities
1 gal
j
0742
8062
8069
8071
~
.,.
.~
,
oj.
EXHIBIT__.u--2.
PAGE 2. DE I
Mono and Polycyclic
Aromatic Hydrocarbons
Prescription drugs
Biological contaminants
233
Critical Materials List (cont'd.)
Type of Business
Paint Manufacturing and
Wholesale Distribution
Paint Shops
Petroleum Products
Production and Storage:
Bulk Distribution
of Petroleum Products
SIC Codes Possible Critical Materials
2816
2865
5198
7535
2992
5171
5172
Metal salts (Cr, Pb, Sb & Zn)
Phthalate esters
Methylene chloride
Methyl ethyl ketone
Ethylene glycol
Hydrocarbon solvents
Hydrocarboñ solvents
Xylene
Methylene chloride
Gasoline
Diesel fuel and Heating oil
Lubricating oils
Ethylene glycol
Methyl alcohol
Critical Quantity
90lb
10gal
105 gal
7.5 gal
110 gal
110 gal
110 gal
10 gal
110 gal
110gal
110 gal
l.5 gal
60 gal
! I
Photo Processing
¡ .j
, i
Printing Establishments
.: ,I
I'
i
. I ,
;I
. I
. .
¡ i
1.1
IIi
I
Gasoline Distribution
Metal Fabrication
Secondary Metals Refining
Seed Cleaning and Treating
Solvent Recycling
Trucking Companies
7333
7395
2711
2751
2752
2761
5541
3441
3442
3443
3444
3341
721
2911
4171
4172
4231
Silver salts
Phenols
Cyanide
Aromatic Hydrocarbons
Silver salts
Aromatic Hydrocarbons
Phenols
Cyanides
Tetrachloroethene
Hydrocarbon solvents
-
Gasoline
Diesel fuel
Lubricating oils
Ethylene glycol
Methyl alcohol
Metal salts (Cr, Cu, Ni & Zn)
50 Its as AgNO3
10lbs
1251bs as NaCN
110 gal
50 Its as AgNO3
110 gal
10lbs -
1251bs as NaCN
2.0 gal
110 gal
11 0 gal
110 gal
110 gal
7.5 gal
60 gal
90lb
250 gal
155 gal
150 gal
110 gal
110 gal
250 gal 35% soln.
300 gal 30% soln.
600lb
90lb
1000 Its as NaCI
3000 Its as (NH4J2S04
1 gal
70 gal
2.5 gal
2.0 gal
110 gal
110 gal
7.5 gal
250 gal 35% soln.
234
Caustic cleaning solutions
Hydrochloric acid
Sulfuric acid
Hydrocarbon solvents
Xylene
Caustic soda
Sodium phosphate
Sodium hydroxide
Metal salts (AI, Cr, Zn)
Chloride
Sulfate
Hexachlorobenzene
Other pesticides
1,1,1-Trichloroethane
Trichloroethene
Tetrachloroethene
Gasoline and Diesel
Hydrocarbon solvents
Ethylene glycol
Caustic soda cleaning soIn.
EXHIBIT__- z.
PAGE-3--.)FJ
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Private Vaults (wells)
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Private well data was
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Only private wells that
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City of Federal Way
P.O, Box 9718
33325 8th Ave, S
Federal Way, WA 98063-9718
WW'N.cityoffederalway.com
Map Date: October 2004.
This map is intended
for use as a graphical
representation only.
The City of Federal Way
makes no warranty as to
its accuracy.
~ federal Way
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Law Offices
A Limited
Liability
Partnership
Including
Professional
Corporations
1420 Fifth Ave.
Suite 4100
Seattle. WA
98101.2338
206.223.7000
Facsimile:
206.223.7107
Website:
www.lanepowell.com
Anchorage. AK
OIympÚI. WA
Portland. OR
Sedttk. WA
Vancouva. WA
London. EngIßnd
LANE
PoWELL
SPEARS
LUBERSKY
LLP
Mark 1. Asplund
(206) 223-2542
aspIundm@IanepowelLcom
~
October 18,2004
VIA E-MAIL
Ms:-Margaret Clark
Senior Plarmer
City of Federal Way
33325 8th Ave. S.
P. O. Box 9718
Federal Way, WA -98063-9718
Re: Critical Aquifer Rechan!e Areas/Wellhead Protection Areas Code Amendment
Dear Ms. Clark:
We represent commercial and industrial interests with operations or facilities in the City
of Federal Way. With regard to the proposed revisions to Chapter'22, Article XIV,
Division 9, which establishes and regulates activities in Critical Aquifer Recharge and
Wellhead Protection Areas (the 'Wellhead Regulations"), our clients have asked us to
submit brief comments regarding the latest version of the proposed Wellhead
Regulations, to ensure that they make the necessary distinction between new and
existing/ongoing uses and operations.
It is our understanding, from discussions with you and other staff, that the City has never
intended the proposed Wellhead Regulations to apply to existing commercial or industrial
operations in Federal Way, except where such businesses make a major physical change
or modification to its operations that independently would necessitate a new,
development-specificpennit. For existing operations, none of the requirements of the
Wellhead Regulations, or various other amended references to the Critical Aquifer
Recharge and Wellhead Protection Areas, are meant to apply to existing businesses or
uses (including but not limited to the regulatory requirements under 22-1374).
The current draft of the Wellhead Regulation still contains potentially ambiguous
language about applicability of the Wellhead Regulations to existing land uses and
business operations. We request that the City consider additional revisions to the draft
language to address these ambiguities. The remainder of this letter discusses those
potential ambiguities.
-'nn____...
.'
Ms. Margaret Clark
October 18, 2004
Page 2
1. Subsection 22-1370, which describes the applicability of the new Division 9,
states that the Wellhead Regulations regulate, "development activities and land surface
modifications within designated wellhead capture zones," Unfortunately, the City's
definition of "development activity" contained in Section 22-1 is very broadly defined to
include "any work, condition or activity which requires a permit or approval under this
chapter or the city's building code." To the extent ongoing operations of an existing
commercial or industrial use constitute an "activity" requiring a pennit or approval under
Chapter 22, then they are potentially subject to the Division 9 Wellhead Regulations.
In order to clarify this language, consider adding some clearly stated exemption
for ongoing operations at the outset. For example, the City could use language similar to
'the final sentence of Subsection 22-1374(1) which exempts certain ongoing LUD
operations: "Ongoing operation and maintenance activities of public wells by public
water providers are exempt from these requirements." In fact, moving the exemption to
the first section of Division 9 and expanding it to include all ongoing operation will also
remove the ambiguity created by having the current "industry-specific" exemption (i,e.
by exempting the LUD, does this mean other operations are not exempt? Why would the
LUDne~ the exemption otherwise?)
2. Subsection 22-1372, which imposes general requirements, would be adequately
clarified by the proposed revisions outlined in Item 1 above. Otherwise, these various
requirements could be erroneously construed to apply to "activities" in general. There is,
however, in each section some clarifying language (i.e. subsection (1) refers to an
"applicant" and subsection (3) talks about "proposed activity," etc.).
In addition to changing the language in 22-1370, consider adding language in 22-
1372 that clearly indicates it applies to proposed new activities or development.
3. Subsection 22-1373, which prohibits certain activities in Wellhead Capture Zones
1, has language similar to 22-1372, which could be clarified. The opening phrase "[l]and
uses or activities for development" could be clarified, even though it appears to limit the
scope to new development.
4. Subsection 22-1374 likewise does not clearly exempt existing uses. For example,
Subsection (1), applies to "[ a]ny land uses and activities located in critical aquifer
recharge areas." There is nothing to indicate that existing businesses or operations are
exempt. In fact, adding a use/entity-specific exemption for LUD's "ongoing" operations
potentially implies that any other existing or "ongoing" operations are not exempt and
thus are subject to all of 22-1374's requirements. Likewise, Subsection (2) indicates that
------- ""
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October 18, 2004
Page 3
"[l]and uses and activities that involve the use, storage, transfer, or disposal of hazardous
materials" must submit various reports and response plans. Nothing in this subsection
indicates that the regulations apply only to new land uses and activities.
We would like to see a clarification for all of 22-13 74, c1early stating that it does
not apply to existing businesses, since this section imposes potentially onerous reporting
and planning requirements that the City itself has said are only meant to apply to new
9-.~velopment
5. Subsection 22-1375 uses language that may be appropriate for the entire
Division; specifically, it purports to apply to "new or existing users] applying for a
development permit" This language effectively captures new uses while also addressing
those existing uses that, by virtue of their plans to significantly expand or modify existing
operations, are in effect a "new use." Consider using this language throughout
Another option would be to add a new defined tenn for "Existing Operations or
Activities" and then provide the necessary exemption using the defined tenn.
We appreciate the opportunity to submit comments to these new regulations. Our goal is
to provide constructive comments in hopes of establishing rules that effectively and
efficiently meet the needs of both the City and its business and industrial community,
Please feel free to contact me with any questions or comments.
Very truly yours,
LANE POWELL SPEARS LUBERSKY LLP
~
Mark J. Asplund I"'-
MJA:mja
106666.0267/1145081.1
~
CITY OF ~
Federal Way
PLANNING COMMISSION
- .
RECOMMENDATION
September 24, 2004
To:
FROM:
Jack Dovey, Chair
Land Use/Transportation Committee (LUTC)
Da Vi~anagCr
Kathy McClung, Director of Community Development Services ~
Margaret H. Clark, AICP, Senior Planner ¡\.AC
VIA:
SUBJECT:
Amendments to Federal Way City Code (FWCC) Chapters 22 and 18
Critical Aquifer Recharge Areas and Wellhead Protection Areas
File #O4-102618-00-UP
MEETING DATE: October 4, 2004
I.
BACKGROUND
The purpose of the proposed amendments is to protect Wellhead Protection Areas and Critical Aquifer
Recharge Areas (CARAs). Wellhead Protection Areas are based on established times of travel, or in
other words the amount of time it takes for a particle of water at the zone boundary to travel to the well
site. Wellhead Protection Areas include three capture zones (one-year, five-year, and t~_n-year capture)
zones, which correspond respectively to the time that it would take a contaminant to reach a well.
Critical Aquifer Recharge Areas are those areas deemed necessary to provide adequate recharge and
protection to aquifers used as sources of potable (drinking) water. Wellhead Protection Areas meet the
definition of critical aquifer recharge areas; therefore, for purposes of the code amendments and the
reports, Wellhead Protection Areas and Critical Aquifer Recharge Areas will both be referred to as
CARAs.
The City is required by the Growth Management Act (GMA) to adopt regulations to protect CARAs.
In addition, the Lakehaven Utility District is required under federal and state law to implement a
wellhead protection program. The staff report to the Planning Commission is attached as Exhibit 1.
Proposed staff amendments are shown as underline (proposed additions) and strikeout (proposed
deletions), with Planning Commission changes shown as double underline and Q€Hible 8trib~€HIt. The
Wellhead Capture Zones Maps I, 5, and 10 are attached as Exhibits A, B, and C to Exhibit 1.
II. SUMMARY OF PROPOSED AMENDMENTSIPLANNING STAFF RECOMMENDATION
Regulations to protect Critical Aquifer Recharge Areas and Wellhead Protection Areas will be
implemented as part of the City's State Environmental Policy Act (SEPA) review. This means that
any use, unless specifically exempted, would be subject to these regulations.
The following is a summary of the proposed Federal Way City Code (FWCC) amendments as
presented to the Planning Commission.
1.
Amend FWCC Section 22-1, "Definitions": Add new definitions as necessary related to the new
code language. The proposed new definitions are contained in Exhibit D of Exhibit 1.
2.
Amend FWCC Chapter 22, Article IV, "Nonconformance ": Add a new section (22-340) that
addresses nonconforming uses or development located in Critical Aquifer Recharge Areas and
Wellhead Protection Areas (Exhibit E of Exhibit 1). Alteration or expansion of existing uses or
activities that are prohibited in Wellhead Capture Zone I would be prohibited if the thresholds
of Section 22-332 (Nonconforming Uses) were met. Alteration or expansion of other regulated
uses in CARAs would be allowed subject to the requirements of FWCC Chapter 22, Article
XIV, "Environmentally Sensitive Areas," Division 9 - Critical Aquifer Recharge Areas and
Wellhead Protection Areas.
3.
Amend FWCC Section 22-1223, "Environmentally Sensitive Areas ": Add,". ..subject property
if it is located within a Critical Recharge Area or aI, 5, or 10-year Wellhead Capture Zone"
(Page 3 of Exhibit F of Exhibit 1). The recommended amendment is as follows:
This article applies to the subject property if it:
(l) Contains or is within 25 feet of a regulated slope;
(2) Contains or is within 100 feet of a wellhead;
(3) Contains or is within 100 feet of the ordinary high water mark of a major stream;
(4) Contains or is within 50 feet of the ordinary high water mark of a minor stream;
(5) Contains or is within 25 feet of any regulated lake; ef
(6) Contains or is within 200 feet of the edge of any regulated wetland, including
regulated wetlands associated with any major stream, minor stream, or regulated lake~
(7) Is located within a Critical Recharge Area or a I, 5, or 1 O-year Wellhead Capture
Zone.
4.
Amend FWCC Section 22-1242, "Environmentally Sensitive Areas ": Add reference to LUD
maps that show the location of the wellhead capture zones (Page 4 of Exhibit F of Exhibit 1).
The recommended language is as follows:
"The City hereby adopts the Lakehaven Utility District Wellhead I, 5, and 10 Year
Capture Zones Maps as now existing or amended."
The well field capture zone areas may be modified from time to time based on updated
information provided by the Lakehaven Utility District."
5.
Amend FWCC Chapter 22, Article XIV, "Environmentally Sensitive Areas ": Add a new
Division 9 - Critical Aquifer Recharge Areas Wellhead Protection Areas (Exhibit F of Exhibit
1). This new Division 9 is proposed to accomplish the following:
\.
2.
Identify prohibited new land uses or activities within Wellhead I Year Capture Zones.
Establish perfonnance standards for certain uses or activities within designated wellhead
protection areas that involve hazardous materials.
Amendments to FWCC, Chapters 22 and 18, Critical Aquifer Recharge and Wellhead Protection Areas File #O4-IO26I8-O0-UP
Planiting Commission Recommendation to LUTC Page 2
6.
Amend Chapter 22, Article XIII, Division 7, "Land Modifications" (Exhibit G of Exhibit I):
State that, "The requirements of Chapter 22, Article XIV Critical Areas shall govern for fill
occurring in Critical Aquifer Recharge Areas and Wellhead Protection Areas,"
7.
Amend FWCC Chapter 18 (Exhibit H):
1.
Housekeeping changes have been made to language in this chapter to bring it into
compliance with previous changes made in Chapter 197-11 WAC (SEP A Rules) as a result
of the adoption of House Bill 1724.
Definitions are being added relative to the new Critical Aquifer Recharge Area and
Wellhead Protection amendments,
Amendments are being made to existing definitions to make them consistent with FWCC
Section 22-1, "Definitions."
2,
3.
III. PLANNING COMMISSION RECOMMENDATION
The Planning Commission conducted a public hearing on September 1,2004. The minutes of the
September 1,2004, Planning Commission are attached as Exhibit 2. After the close of the public
hearing, the Planning Commission discussed the staff recommendations and recommended approval
of the staff recommendation to the City Council with two requests for staff follow-up. The Planning
Commission stated that proposed FWCC Sections 22-1374 (Page 20 of Exhibit F of Exhibit 1) and
22-1375.1 (Page 18 of Exhibit F of Exhibit 1), relating to regulation of single-family development
needed some clarification, They also inquired whether the requirement could be implemented. The
Commissioners requested that businesses that may be affected by these code amendments receive
notification prior to the Land Use/Transportation Committee meeting.
Response to Planning Commission's Requests:
1.
Any reference to the use of hazardous material by single-family uses has been deleted, because
single-family uses will not be regulated and therefore, the requirement would be difficult to
implement. Staff had included this language as a "Best Management Practice." The deletions to
these sections are shown as dfoHible stril:eoHt. The changes as recommended by the Planning
Cõmmission are attached as Exhibit 3 and shown as follows.
22-1374 Rc2ulation of facilitics handling and storing hazardous matcrials.
(I) Any land uses and activities located in critical aquifer recharge areas (wellhead capture
zones \, 2, and 3) shall submit a Hazardous Materials Inventory Statement with a development
permit application. Single famil:,' rðtdential uses efhazardous materials er deleterio',ls
~~re e::en:f}t frem this re€H1-iftmtGAt, but must eenførm te these f}erfermanee stat\dards
in F'.l.'CC 2) 1375. I. In adiliti{m-, øQn-going operation and maintenance activities of public
wells by public water providers are exempt from these requirements.
22-1375.1 Use of pesticides, herbicides, aId fertilizers in criticà aQuifer recharge areas
and wellhead protection areas.
(I) Residential use, .\~f}l~tien €If høusehøld f}estieicles, herbicides, and fertilizers shall nøt
c::eeed times, rates, OOflOOßtratiøns, and leeatiens sf}eeified en the f}aeka;ifig-.
Amendments to FWCC, Chapters 22 and 18, Critical Aquifer Recharge and Wellhead Protection Areas File #04-1026 I 8-O0-UP
Planning Commission Recommendation to LUTC Page 3
Gther-YSØ8. Proposed developments with maintained landscaped areas greater than 10,000
square feet in area shall prepare an Operations and Management Manual using Best
Management Practices (BMPs) and Integrated Pest Management (IMP) for fertilizer and
pesticide/herbicide applications. The BMPs shall include recommendations on the quantity,
timing, and type of fertilizers applied to lawns and gardens to protect groundwater quality.
2.
All property owners of commercially zoned properties that are located within a Critical Aquifer
Recharge Area or Wellhead Protection Zone were notified on September 22,2004 (Exhibit 4).
Three property owners or their representative have called asking for a copy of the regulations.
IV. ADDITIONAL CHANGES PROPOSED BY STAFF
Staff has made some changes to FWCC Chapter 22, Article IV, "Nonconformance" as shown in
Exhibit 5, purely for clarification purposes. The intent of the previous amendments as presented to the
Planning Commission at their September I, 2004, public hearing has not changes
V.
LAND UsEffRANSPORT A TION COMMITTEE OPTIONS/STAFF RECOMMENDATION
The Committee has the following options:
1. Recommend that the full Council adopt an ordinance approving the proposed code
amendments as recommended by the Planning Commission and the additional changes related
to Nonconformance proposed by staff. (These changes are shown in Section IlL 1 and IV of
this Staff Report).
2. Recommend that the full Council modify and then approve the proposed code amendments,
3. Recommend that the full Council disapprove the proposed code amendments. -
Staff recommends that the LUTC recommend to the full Council Option No.1 above, that is, adoption
of the Planning Commission's recommendatìons and the additional staff changes.
VI. LAND UsEffRANSPORT A TION COMMITTEE RECOMMENDATION
The LUTC forwards the proposed amendment to the full Council for first reading as follows:
As recommended by Planning Commission, including the additional staff changes.
As recommended by Planning Commission (including the additional staff changes) and
amended by the LUTe.
APPROVAL OF COMMITTEE ACTION:
Jack Dovey, Chair
Eric Faison, Member
Michael Park, Member
Amendments to FWCC, Chapters 22 and 18, Critical Aquifer Recharge and Wellhead Protection Areas File #O4-IO26I8-OO-UP
Planning Commission Recommendation to LUTC Page 4
LIST OF EXHIBITS
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Staff Report for the September 1,2004, Planning Commission Meeting with Exhibits A-L
Minutes of September 1, 2004, Planning Commission Meeting
FWCC Chapter 22, Article XIV, "Environmentally Sensitive Areas"
September 22, 2004, Notification of Owners of Commercial Property within CARAs/Wellhead
Protection Areas
FWCC Chapter 22, Article IV, "Nonconformance"
Draft Adoption Ordinance
1:\2004 Code Amendments\WeUhead Protection\LUTOPC Rec Staff Report to LUTc.doclO912712oo4 2:52 PM
Amendments to FWCC, Chapters 22 and 18, Critical Aquifer Recharge and Wellhead Protection Areas File #04- I 02618-00-UP
Planning Commission Recommendation to LlITC Page 5
EXHIBIT 1
STAFF REPORT FOR THE
SEPTEMBER 1~ 2004 PLANNING
COMMISSION MEETING WITH
EXHIBITS A-L
~
CITYOF~ .
Federal Way
....-
STAFF REPORT TO THE PLANNING COMMISSION
Amendments to Federal Way City Code (FWCC) Chap{(rs 22 and 18
Critical Aquifer Recharge Areas and Wellhead Protection Areas
File #O4-102618-00-UP
Planning Commission Meeting of September 1, 2004
L
PURPOSE OF THE PROPOSED AMENDMENTS
The purpose of the proposed Critical Aquifer Recharge Areas is to provide the City with a
mechanism to protect Wellhead Protection Areas and those areas deemed necessary to provide
adequate recharge and protection to aquifers used as sources of potable (drinking) water (Critical
Aquifer Recharge Areas [CARAs]). Wellhead Protection Areas meet the definition of critical
aquifer recharge areas; therefore, in this report, Wellhead Protection Areas and Critical Aquifer
Recharge Areas will both be referred to as CARAs.
II.
BACKGROUND
A.
Requirements of the Growth Management Act
In 1990, the Washington State Legislature adopted the Growth Management Act - Engrossed
Substitute House Bill 2929, codified as Chapter 36.70A RCW (Revised Code of
Washington). This statute, combined with Article II of the Washington State Constitution,
mandates that local jurisdictions adopt ordinances that classify, designate, and regulate land
. use in order to protect critical areas. Pursuant to RCW 36.70A.030, "Critical Areas" are
defined as wetlands, frequently flooded areas, areas with a critical recharging effect on
aquifers used for potable water (aquifer recharge areas), geologically hazardous areas, and
those areas necessary for fish and wildlife conservation.
B.
Federal Safe Drinking Water Act
Section 1428 of the 1986 Amendments to the Federal Safe Drinking Water Act mandates that
every state develop a wellhead protection program. The Safe Drinking Water Act requires
that all federally defined public water systems (Group A systems') using groundwater as their
source implement a Wellhead Protection Program. According to the 1986 Safe Drinking
I This includes all public water systems that serve 25 or more persons or 15 or more connections. Refer to WAC 246-290-020 for
more details.
Water Amendments, Wellhead Protection Areas (WHPAs) are defined as, "...the surface and
subsurface area surrounding a well or wellfield, supplying a public water system, through
which contaminants are reasonably likely to move toward and reach such water well or
well field."
c.
Washington State Wellhead Protection Program
In Washington State, the Governor designated the Department of Health (DOH) as the lead
agency for wellhead protection program development and administration. In July of 1994, the
Washington Administrative Code (WAC) addressing requirements for Group A public water
systems (WAC 246-290) was modified to include mandatory wellhead protection measures
for all Group A water systems in the state using wells or springs as their source of supply.
The Lakehaven Utility District (LUD) is a Group-A public water system, which uses
groundwater as a source, and is, therefore, mandated under federal and state law to
implement a wellhead protection program.
D.
Relationship of Critical Aquifer Recharge Area with the State Environmental Policy Act
(SEP A) and Federal Way Cify Code (FWCC) Chapter 18
Pursuant to RCW 36.70A.030(5) and FWCC Section 18-141, critical aquifer recharge areas
are considered sensitive areas. WAC 197-11-908 states that each city or county may select
certain categorical exemptions that do not apply in one or more critical areas designated in a
critical areas ordinance. The City has determined that the exemptions within WAC 197-11-
800 that are inapplicable for critical areas are the following:
(1) WAC 197-11-800(1), Minor new construction, flexible threshold
(2) WAC 197-11-800(2)(a) through (g), Other minor new construction
(3) WAC 197-11-800(6)(a), Minor land use decisions, short plat approval
(4) WAC 197-11-800~, Utilities
The CARAs ordinance will be implemented as part of SEP A review.
III.
ROLE OF LAKEHA VEN UTILITY DISTRICT
In the City of Federal Way, the Lakehaven Utility District (LUD), a Group-A public water system,
operates 13 wells that are located within the City limits and serve all of Federal Way's residents
and businesses. In addition to these 13 wells, there are additional wells located just outside the
City limits within the designated Potential Annexation Area (P AA). The LUD relies on four major
aquifers: the Redondo-Milton Aquifer (RMC); Mirra- Lake Aquifer (MLA); Eastern Upland
Aquifers (EUA); and Federal Way Deep Aquifer (FWDA). These aquifers underlay the majority
of the City.
The LUD has the primary responsibility for developing and implementing state-mandated
wellhead protection program requirements. To date, LUD has completed the following state-
mandated requirements:
Critical Aquifer Recharge Areas & Wellhead Protection Areas
Planning Commission Staff Report
File #04-1026I8..o0-UP
Page 2
.
A completed susceptibility assessment
Delineated wellhead protection areas for each well
An inventory within each wellhead protection area of all potential sources of contamination
that may pose a threat to the water bearing zone (aquifer) utilized by the well
Documented that delineation and inventory findings have been distributed to required entities
Developed a contingency plan for providing alternate sources of drinking water in the event
that contamination does occur.
Coordinated with local emergency responders for appropriate spill/incident response measures.
.
.
.
.
.
IV.
Critical Aquifer Recharge Areas - Designation and Classification
In Washington State, a wellhead protection area is based on established times of travel, or in other
words the amount of time it takes for a particle of water atthe zone boundary to travel to the well
site. The state DOH requires that each well have three designated Wellhead Protection Areas
(WHPAs) as follows:
Zone 1 - One-year capture zone: Zone I is managed to protect the drinking water supply
from viral, microbial, and direct chemical contamination.
Zone 2 - Five-year capture zone: Within Zone 2, all potential contamination sources shall be
addressed, with an emphasis on pollution prevention and risk reduction management.
Zone 3 - Ten-year capture zone: Within Zone 3, existing "high risk" and medium risk
potential contaminant sources will be targeted to receive increased regulatory attention and
technical assistance, with an emphasis on pollution prevention and risk reduction management.
Buffer Zone: In addition to the above, a buffer zone may be identified that potentially extends to
include the entire zone of contribution (the entire area around a well or wellfield that is recharging
or contributing water to the well or wellfield.). The buffer zone may also identify additional non-
contiguous critical aquifer recharge areas requiring protection from contamination. In the City of
Federal Way, CARAs will be implemented in only Zones 1-3 as follows:
1. Class I CARAs include those mapped areas located within the one-year capture zone
of a Wel lhead Protection Area (Exhibit A).
2. Class 2 CARAs include those mapped areas located within the five-year capture zone
of a Wellhead Protection Area (Exhibit B).
3. Class 3 CARAs include those mapped areas located within the ten-year capture zone
of a Wellhead Protection Area (Exhibit C).
In developing regulations to protect critical aquifer recharge areas and wellheads, the one-year
capture zone is the most critical in tenus of eliminating risks of contamination. A hazardous
material spill or release within the one-year capture zone would be difficult to contain or clean up
before it might potentially reach the drinking water source. Typical clean up activities can take six
months or longer to implement and carry out.
Critical Aquifer Recharge Areas & Wellhead Protection Areas
Planning Commission Staff Report
File #04- I 026 I8-O0-UP
Page 3
V.
VI.
RESEARCH
Staff reviewed the following documents/materials in the preparation of the proposed amendments
to the FWCC:
.
Federal Requirements established by the Safe Drinking Water Act of 1986
Washington State DOH, Wellhead Protection Program Guidance Document, April 1995
Department of Ecology, Guidance Documentfor the Establishment of Critical Aquifer
Recharge Area Ordinances, July 2000
Lakehaven Utility District, Wellhead Protection Area Definition, June 1996
Lakehaven Utility District, Wellhead Protection Program, December 1998
EP AI AP AlP AS, A Guide to Wellhead Protection, 1995
AP A Environment and Development, A Primer in Aquifer and Wellhead Protection,
February 1994
APA Zoning News, Zoningfor Wellhead Protection, August 1995
City of Bonney Lake, Wellhead Protection Areas - Classification and Regulation
City of Burien, Critical Aquifer Recharge Areas - Classification and Performance
Standards, 2003
City of Portland, OR; Columbia South Shore Wellhead Protection Area, June 2003
City of Redmond, Wellhead Protection Ordinance, 2003
City of Renton, Wellhead Protection Regulations
South Tacoma, Groundwater Protection District Regulations, 1988
City of Stanwood, Wellhead Protection Code Provisions (summary)
City of Issaquah, Proposed Amendments for Critical Aquifer Recharge Areas (CARA),
2004
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
SUMMARY Of PROPOSED AMENDMENTS
Aquifer recharge areas provide a source of potable water and contribute to stream discharge during
periods of low flow. The City finds that certain portions of its planning area are susceptible to
contamination of drinking water and watercourse supplies through rapid infiltration of pollutants
through the soil to ground water aquifers. The primary purpose of Wellhead Protection Area
regulations is to protect critical aquifer recharge areas by preventing land use activities that pose
potential contamination and to minimize impacts to recharge areas through the application of strict
performance standards.
Through adoption of the CARAs ordinance, proposed new development, expansion, or
modification of existing land use activities within identified wellhead protection areas and critical
recharge areas which can pose potential risks to the City's water supply can be identified and the
risks substantially minimized through application of appropriate land use controls, development
standards, and environmental mitigation measures.
The July 2000 Department of Ecology "Guidance Document for the Establishment of Critical
Aquifer Recharge area Ordinances" recommends that adoption of new rules or ordinances consider
existing activities and facilities. This publication states that existing activities or facilities that do
Critical Aquifer Recharge Areas & Wellhead Protection Areas
Planning Commission Staff Report
File #04-IO26I8-O0-UP
Page 4
not pose a significant threat to the public health or environment may be allowed to continue over
areas designated as a CARA. However, upon modification of the activity (expansion, remodeling,
etc.), the jurisdiction is strongly advised to take the opportunity to require the owner/operator to at
least meet AKART (all known, available, and reasonable methods of prevention, control, and
treatment) in order to reduce the potential for contamination of the groundwater source(s). Through
implementation of SEP A, the CARAs code amendments will regulate all development activities,
unless exempted by FWCC Section 18-141.
FWCC Chapter 21, "Surface and Storm water Management," has adopted the King County Surface
Water Design Manual (KCSWDM), the Federal Way Addendum to the KCSWDM, and the King
County Stormwater Pollution Control Manual (BMP Manual). In combination, these regulations
apply to all existing development, new development, and redevelopment. Regulated development
includes all single-family residential development; projects that add 5,000 square feet or more of
new impervious surface; collection and concentration of surface and stormwater runoff from a
drainage area of more than 5,000 square feet; projects which contain or directly discharge to a
floodplain, stream, lake, wetland, or closed depression, groundwater discharge area, or other water
quality sensitive area; or redevelopment of property which drains or discharges to a receiving
water that has a documented water quality problem.
The following is a summary of the proposed FWCC amendments.
1.
Amend FWCC Section 22-1, "Definitions": Add new definitions as necessary related to
the new code language. The proposed new definitions are contained in Exhibit D.
2.
Amend FWCC Chapter 22, Article IV, "Nonconformance": Add a new section that
addresses nonconforming uses or development located in Critical Aquifer Recharge Areas
and Wellhead Protection Areas (Exhibit E). Alteration or expansion of existing uses or
activities that are prohibited in Wellhead Capture Zone I would be prohibited. Alteration or
expansion of other regulated uses in CARAs would be allowed subject to the requirements of
FWCC Chapter 22, Article XIV, "Environmentally Sensitive Areas," Division 9 - Critical
Aquifer Recharge Areas and Wellhead Protection Areas.
3.
Amend FWCC Section 22-1223, "Envirönmentally Sensitive Areas": Add". ..subject
property if it is located within a Critical Recharge Area or a I, 5, or 10-year Wellhead
Capture Zone" (Page 30f Exhibit F). The recommended amendment is as follows:
This article applies to the subject property if it:
(I) Contains or is within 25 feet of a regulated slope:
(2) Contains or is within 100 feet of a wellhead;
(3) Contains or is within 100 feet of the ordinary high water mark of a major stream;
(4) Contains or is within 50 feet of the ordinary high water mark of a minor stream;
(5) Contains or is within 25 feet of any regulated lake; ef
(6) Contains or is within 200 feet of the edge of any regulated wetland, including
regulated wetlands associated with any major stream, minor stream, or
regulated lake~ or
(7) Is located within a Critical Recharge Area or a I, 5, or 10-year Wellhead Capture
Zone.
Critical Aquifer Recharge Areas & Wellhead Protection Areas
Planning Commission Staff Report
File tlO4-IO26IS-QO-UP
Page 5
VII.
4.
Amend FWCC Section 22-1242, "Environmentally Sensitive Areas": Add reference to
LUD maps that show the location of the wellhead capture zones (Page 4 of Exhibit F). The
recommended language is as follows: -
"The City hereby adoRts the Lakehaven Utility District Wellhead 1, 5, and 10 Year
Capture Zones Map as now existing or amended."
The wellficld capture zone areas may be modified from time to time based on updated
information provided by the Lakehaven Utility District."
5.
Amend FWCC Chapter 22, Article XIV, "Environmentally Sensitive Areas": Add a
new Division 9 - Critical Aquifer Recharge Areas Wellhead Protection Areas (Exhibit F).
This new Division 9 is proposed to contain the following:
1.
2.
Identify prohibited new land uses or activities within Wellhead I Year Capture Zones;
Establish performance standards for certain uses or activities within designated wellhead
protection areas that involve hazardous materials.
6.
Amend Chapter 22, Article XIII, Division 7, "Land Modifications" (Exhibit G): State
that, "The requirements of Chapter 22, Article XIV Critical Areas shall govern for fill
occurring in Critical Aquifer Recharge Areas and Wellhead Protection Areas."
7.
Amend FWCC Chapter 18 (Exhibit H):
1.
Housekeeping changes have been made to language in this chapter to bring it into
compliance with previous changes made in Chapter 197-11 WAC (SEP A Rules) as a
result of the adoption of House Bill 1724.
Definitions are being added relative to the new Critical Aquifer Recharge Area and
Wellhead Protection amendments.
Amendments are being made to existing definitions to make them consistent with
FWCC Section 22-1, "Definitions."
2,
3.
PUBLIC COMMENT RECEIVED
".,
The City issued a Determination of Nonsignificance (DNS) on the proposed amendments on July
17,2004 (Exhibit I), We received the following three agency responses on the DNS.
1.
Letter from Tacoma Water stating that they have no comments (Exhibit .I).
2.
July 24,2004, letter from Lakehaven Utility District (Exhibit K). In response to Lakehaven's
comments, staff has amended the definition of "qualified groundwater scientist" We do not
propose to regulate the I OO-year capture zone under the proposed regulations, as there are
other regulations in place (Surface Water Management and inspections through the Fire
Department) that can address potential prob lems. We have added language (Section 22- I 3 74)
to address Lakehaven's concern relative to maintenance of their wells (Page 18 of Exhibit F).
Critical Aquifer Recharge Areas & Wellhead Protection Areas
Planning Commission Staff Report
File #04-1026 I8-O0-UP
Page 6
3.
August 2,2004, letter from Department of Ecology (Exhibit L). The Department of Ecology's
concern about source control related to new development and redevelopment is already
addressed through the City's adoption of the KCSWDM, the Federal Way Addendum to the
KCSWDM, and the King County BMP Manual.
VIII.
STAFF RECOMMENDATION
Staff recommends that the FWCC be amended to implement CritiC<il Aquifer Recharge Area and
wellhead protection regulations as proposed in Section III of this report.
IX.
REASON FOR PLANNING COMMISSION ACTION
FWCC Chapter 22 "Zoning," Article IX, "Process VI Review," establishes a process and criteria for
zoning code text amendments. Consistent with Process VI review, the role of the Planning
Commission is as follows:
1. To review and evaluate the zoning code text regarding any proposed amendments.
2. To determine whether the proposed zoning code text amendment meets the criteria
provided by FWCC Section 22-528,
3, To forward a recommendation to City Council regarding adoption of the proposed
zoning code text amendment.
X.
DECISIONAL CRITERIA
FWCC Section 22-528 provides criteria for zoning text amendments. The following section
analyzes the compliance of the proposed zoning text amendments with the criteria provided by
FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that:
-'I. .
1.
The proposed amendment is consistent with the applicable provisions of the
comprehensive plan.
The Federal Way Comprehensive Plan (FWCP) Chapter IX, "Natural Environment,"
Wellhead Protection Areas section includes the following language:
The intent of the wellhead protection program is to be proactive and prevent
contamination of groundwater used for drinking water. The objective of wellhead
protection is to protect the health of people using groundwater supplies for drinking
water. This is accomplished by providing management zOnes around public wells or
wellfields to detect and manage potential sources of groundwater contamination. Another
goal of the program is to promote awareness of special efforts to protect the groundwater
and urge customers to talœ a proactive approach to protecting the sources of the City's
drinking water.
Critical Aquifer Recharge Areas & Wellhead Protection Areas
Planning Commission StatTRc:port
File #04-1026 I 8"()()-UP
Page 7
An.d;
..;.
'-The City will prepare wellhead protection regulations as part oj its Juture work program
to be performed through a process developed by ajoint City/District Wellhead Protection
Commillee, as is required by current state regulations.
The proposed FWCC text amendment is consistent with the following FWCP goals and
policies:
NEG4
Implement a local wellhead protection program to ensure a safe source of
drinking water and to avoid the large financial impact oj contaminated wells.
NEP24 The City will continue to work in conjunction with local water purveyors to
delineate Wellhead Protection Areas for each well and well field as required and
outlined by the state's Wellhead Proteètion program.
NEP27 The City should establish an interagency Wellhead Protection Committee to
coordinate and implement a Wellhead Protection Plan, as is required by current
state regulations.
NEP29 The City should establish buffer zones of sufficient size to protect wellhead areas.
2.
The proposed amendment bears a substantial relationship to public health, safety, or
welfare.
The proposed amendment bears a substantial relationship to public health, safety, or welfare
because it provides.regulations that will protect the City's drinking water supply. These
regulations establish a wellhead protection overlay to the official zoning map that identifies
areas where proposed activities could present risk to contamination of the City's drinking
water supply. A review process is established for proposed activities within the wellhead
capture areas whereby potential risks to drinking water can be identified through the
environmental review process and mitigated.
3.
The proposed amendment is in the best interest á the residents of the City.
The proposed text amendment is in the best interest of the residents of the City because it
provides for increased protection for the residents' primary supply of drinking water.
XI.
PLANNING COMMISSION ACTION
Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the
following actions regarding the proposed zoning code text amendments:
I. Recommend to City Council adoption of the FWCC text amendments as proposed;
2. Modify the proposed FWCC text amendments and recommend to City Council adoption of
the FWCC text amendments as modified;
Critical Aquifer Recharge Areas & Wellhead Protection Areas
Planning Commission Staff Report
File #04-1026 I 8-00-UP
Page 8
3. Recommend to City Council that the proposed FWCC text amendments not De adopted; or
4. Forward the proposed rwcc text amcI1dments to City Council without a recommendation.
XII.
EXHIßITS
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Exhibit L
Class I CARAs
Class 2 CARAs
Class 3 CARAs
FWCC Section 22-1, "Definitions"
FWCC Chapter 22, Article IV, "Nonconfonnance"
FWCC Cbapt.er 22, Article XIV, "Environmentally Sensitive Areas"
FWCC Chapter z2, Article-XIII, Division 7, "Land Modifications"
FWCC Chapter 18, "Environmental Protection"
Notice of Environmental Determination of Non significance
March 3, 2000, Tacoma Water Letter
July 21,2004, Lakehaven Utility District Letter
August 2, 2004, Washington State Department of Ecology Letter
1:\2004 Code Amendments\ WcUhead Protectioo\Planning Commission\StafTReport.docl08/26/20043: 1 8 PM
Critical Aquifer Recharge Areas & Wellhead Protection Areas
Planning Commission Staff Report
File #04- I 02618-QO-UP
Page 9
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EXHIBITS D-L OF EXHIBIT 1 AND
EXHIBITS 2-6 ARE AVAILABLE FOR
YOUR REVIEW IN THE COUNCIL
CONFERENCE ROOM