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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 ~ ~ ~~ á..<-~d-...~4~ ~~- ~~~ II/ð/ð~ ? - ~( ~.- ¡ Ventana Final Plat LUTC Memorandum 04-101264 / Doc. I.D. 29107 Page 2 DRAFT ./ð /ð-&.7ðy 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 ~r ~ I 1 ~ ~ q I---- t f-- ,----- -¡ñ I---- ~T - ~ I---- I--- Î - - .!!! í I &~J -r~;- f7~e k '-1,ffii ~ SITU- -11 - ~ ::-. fr ~ ~ '1"'" - -I- f- I---- ---J ~c- - - -I- H ---j I---- f--- '---- --I- ~ - h -I-- - -I-- f-- I-- í'\; II 1- - -"= I- ACE :.. .. '-!-ŸO4T rf4 :r-- -- --yo c> "'~I ~::i / ::'- (1\ ~ rhn- v \ ,~- ~ ,'J-L '11- W I I ~ r 1;- . \~ 1 I I 1 ' ~. .~. .~ ~[)5JriË == - '~. ~<SJJm ~ Ik<.\' I---- tfl¡j r1: ~ ;= . ~ \ ~~,~ ~ \, -' ~':..~¡"., / ~ ~ f----1= ì ì ~1-, ð.t' e-r- ~ . ~ ~ " -- /,~~r llrr TE ¡ .- ~ ~- ~~ ~'" 0-- - :t:;; ,:- Y~E== »~~ I fII/¡ /A ~ V\y 0.4 I 0 0.4 N 0.8 Miles + 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 PAGE---L-OF ..L VENT ANA [ """'¡¡"" J 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 2' ~"'" ~ "" 0 IU'" """ .... J()' ',"-',1"." 0 2: -, ~T-- -- --T ------T------~I- ~ I "" I I uja ,,' ...:.... fISOOI. 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""'f~'o""','tho""""f", th,,- """ ,""'-,"_""""'" .."- _.",.""",~""""",--"~,,.,t .....-tfv~",-"""""~"Co"'ty,-"",,,. CMSION Of RECORDS N<O ElECT1Ot<S w""'" s_""""otR«o<'. 27 TRACT 'D' 26 14 25 13 'C:. 55,3':: 95 24 ---- '---1j-~1{i ~(r.op "o.,..""r""""""",[ 0 LEGEND +~SEt!!OH """EJ! '" OCNmR OJ""' Ic'w'~mJ PCSmo'1 I> fO\""","","""",r¡¡¡ @ M""""'" C""Cf""",.""~",,,,_"'",.n.r 10 II( sa '" COI<S"'J<;¡ON . "'"PtDID IUI) "W("s<,.tliUJe« 'l" or ""O" "",,"'OS \Q ".M 7\-71 - ,"51' f.f """" lAP) ~n.¡.":"",CO¡~"'I'\ß",~~):TII!ì\! ::ì; 1'1 ':WENSI"',^",R[!}""""SU~~:", ,,¡,'l'. ~ ¡ ':. J LAND SURVEYOR'S CERTIFICATE: I '~oby ,"'If, thoI "" ", 01 vENT"" '0 ".., "'" '" """'-'"" wbd1.."" " So";" 11 to","2,-.RonqoJCo.t,w.w..,"'t"'"""","" "tt"",.. ,........ ""Ktlyt-' thottho """""""It 'o~ "" """'tho.......~""""","""""'~o""~""\1""t... ~ "'" t"'" I "'W ""y'~pJ'" ~th'" """"",," ,... plott"" "".t"~ ! ~ Õ JOB I<Q. "J3 ~ Barghausen ~EI' ù 1/0'11 n! ~"~~,.~~I~!~~"",~~,?~~~e.,"~~~:"" ~~~; ~ ~.., '8"S71",~"",So,th"",""(\J2 ~š 'o",""0.14251251-6mr,,(4251251-"" ~~ NW1/4 OF NE1/4, SEC. 12 T21N-R3E. W,M. : SHEET 1 OF 4 c 6 nJ: 1/ 0 so 100 '00 f"'rd"""h,,~~ ~I'-IOO' l'l~l',]~:,' .. WIWN' GlASSEY, PlS I<Q. "2" EXHIBIT Ð4CJ: I - """,,". 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 ~ ö sri II -/ :::,¡"0. "OJJ 1 ,":ineers, Inc. ê """,. """""",,[ xc,'..' ~ --.'. "<mj'~iL"'B2 ~ ê ~ :;- :, 12, T21N-R3E, W,M, : :) OF 4 c 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 \\::'.\1\"\111\\\;" "LI U Ii ¡"r,' ~';iI"~:"I;.I!,f':' C :;,,';",1:1 "¡ i <: :> ~:.I ": ,... .:' ,<".- '.' : i: I;! i.. : , . EXHIBIT "PAGE , >OLC'W"'l J - " ,~"".,;_.." """"", 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 .. . .,' . '... ,. ",.,.', ',' .' I["~" "'L WEe fOR THE P'.-RPOs< 51"'0. , ,. .' ", "". ... "..' 0 51..1- BE (ReCITD OR PeANIED. "OR SNH.C :"',,'.',,""':":..:; .;C'.. . ~:.; .:,~ ~',. '."; ",""'s:~¡;c,"~,.;¿é'~:"?;:,5~~~U~~';;?~I:';;;~ ,'.."""'."",-"" """"',,"'." "".'LY'Xlsn"G.GR.ONTOR'DomONAllYGRANr., TO IHE GRANIEE. '" USE OF SUCH ADDITIONAl AREA IMMEOIATELY "'J'CENT TO 9'° EASEM,"T ARFA AS SHAll " REQUIRED fO~ THE CCN"eUCTlON. ",CONSTRU"'ON. M"NIEN,"" AND OefYAnGN Of 910 "IER OR St"" rACIlITlES. TNE USE OF ,"CH ADDiTIONAL AREA SNAlL BE HELD TO A Of.ASON"LE ""'MUM ,"0 ßE RE'URNED TO THE CON"OCN ""nIlG IM"'OI"'LY B([ORE THE PROPE",Y ."" ""REO uPOII " "A'TEE OR '" ACEN" IN "",mON TO IHE 0"" PfSl""'ONS N"EIN. G"NTOR SHALL NOT CON'ÆY 10 A ""RQ ".Re< :om [ASEM'IIT OR O\HER "GHT 01 U9" '" THE PROPERTY WHICH WOOLO """R OR LIMIT TNE GR'N""S USE or IHE EA'E- ME'" AREA r-----------------------------------------, : i: I I I I I I I : I: I : I I MAX. SLOPE .-¡!i:'~;;'/) I ~ : '.~'~V"!¡CI 'l' : C.öofl'¡i'V -»- c_------.---- I -C!C,,"'c" ."..' I I':!WJ~~IB~:'¡¡:)7 ",,""" {[=~oo~--~]----- -- ¡ I ,I=U¡;, I I il'eel).' --H/'-'-----_. WHEREH=THESlOPEH"GHT I :?!V : I i I I I I I DETAIL I L___-_--------------------~~~~-----------_J PlAT NOTES: (cont;oued from left) 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"'- CENDING SLOPES LESS TH," IHIV 'NO AS FER 0[1", .\80Y[ Al1tR"'E SET",'KS 'NO ç¡ '~","m 'c,;CO " SUBJECT TO THt REUUI'EMENTS or SECTION '80S.'.' 0" I\1E 'N"R""""" %11 D'" ceDe (20OJ) - - % ¡ ';- :3 - ~ JOONO"'O" j Barghausen ~ 2,~o~o~,~,I~!~~""..o~~."~.,i,~~~,~,~:".}~,~,: ~ ~. "21S ¡Zo' ,~'" ",," ",I. w,e ""2 ~ a T""h~, I"') 251-6112 I,,' I"~.!?'-"'" ~ ~ NW1I4 OF NE1I4 S~1bJ21N-R3E W,M, ~ SHEET 3 OF 4 ",:0 D~-Io;c." EXHIBIT PAGE ~ B 0 F .J:L.- VENT ANA I [ ,"CO"""" J ~"'C"""~ë ?}~y 'U>vU' , "v." ';~:. ;'5 P~GE -;8 . ~ (NOT OPEN! -. 0. <, '" "' n- í1 '" ~ . ~ -- , , --1 ~' 0 "'0 >00 . EIT::::::r==n==¡ ~ -- Sê->L[ ,'- ,,' ? "'59' ~ ~' """ I I / " 15' 15' 99, ?~:S::-;2 """'1£ UN' U)1 "', 1Ð<C>H "-"'>NO LOR Cl",", ",' "O"'OS" 12 Cl",", ',00' 59crOO'OO, LJ """" ,00' ".01'2>, L4 "-'C iT ",-"'",, 15 "-'CIS 1>," "'-'2>'"" '-' 10'" ",","'" ; ¿¡ Cu<VET"'-E ... lOT"'- 1D<GII< '.."'IS ~.. '~N,- ,.,~ ,""'... ..." OO-'A ~1I<GOO1 " LOT" ",,' 00,00' 't. ,,'. ' '. ",' ". ~ lJ)T2' 2>.OJ' 25,00' ..' " '"~:~,;, ~ lOT" "",' 210,00' ,.,.",' 1,/0 C", co," "". "". ~ lJ)T2' 23,'" 25,00' ,..,,',r 12-'" C1O LOf" 12,'" '75,00' 140"" ...,' :0 lJ)T2' 1'" 25,00' .25',,' ",,' 02' lOT" ",w m,w ""33' 23,'" ~ lOT" 10,'" 25,00' "00"" 9,",' C22 LOT12 "-2" ",W ",,00'00' ",00' :7 lOT" "11' SO,OO' 47""" 21,"" C2J LOT12 10,59' '"',00' .,,'21' ,-",' :z LOT21 JO,'" SO,OO' "",,',,' "..' M. -. 2103' "~I ""'~~'I""~'J OJ lOT'" JO,'" so.oo' ,....."' ,, "0 lOT" "",' SO,OO' ,.O"'" "" '" lJ)'" ",41 SO,OO' 472"'" 2>, " ., ", lOT11 .....' SO,OO' ,."',,' ,, " . . '" lOT11 23,10' "00' O10r... 12 " ,1 '" lOT11 ",OJ' 25,00' 111JO"" " . , .. " ' '" lOTl1 ",' 210,W .,,'2,' 0' " '" lOTl1 ",2r "00' ",,00'00' " - " " lfGENO _""""""'""""""1"""""",""""""1 """""'-""'I""""""""""""'¡ . """"",,,,-'AT"""-SO"""""" @Ð =' :--.:. ~~ : = ;Yd:xf""" ""--[AS£l(J(!("",,,',"""1 '" """" WAY [AS£l(J(! ('" "" ~ "'" 'I .. -[AS£l(J(! (\II OJŒ', """) '" 811!JU("""" (\II OJŒ ,~ "'" ~ '" ""'...""" """"'(\II "" ",""") .... ..... """" ... .. 111Œ""""",,""""'(\II"'Œ,,"""J Sf, ..... lID )( """""""-",y....."","""",,SO ,rr-""""""" 'In "",'SO ~ - ,!011 "0, "33 } Barghausen '0'" Oê Consulting Enginee'rš."lnc. ¡ eM,r"""""""""""",,S'",""","""""","'"'s,",'" ~;,' '82" "." A"", Soolh 'eo', '" 980]2 ~ / ¡",p""",!m)""'221 ",!"'I"""" ~: NW1/4 OF NE114, SEÇ"..-g121N-R3E, W-,-M, C SHEET 4 OF 4 EOEm WAY nLE NO, O'-10m'-OO-SU 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) .~ ~&~ (! } ~~ @ EXHIBIT f PAGE-LOFT ',."....on~po¡:>eo . t '3:DVd 90~~~LZE:5~ D( ì~ I :og R!.OI !:: t> : t> I (pJ()W1 I<J.. 77 'C -= : (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: Z 'Zf>Vd 907.7.7./.7.r:<:'7 ---- - - -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:: PAGE .) .~ 90~Zla£5~ ûGì8 I'll HTOI bb:bl (..",WI ~~ 77 "c:-=J 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 EXHIBIT e PAGE..!LOF / r 90llll.lr::Sl Ð(]la I ";/ H~Ot vv:vt (NOW) 66. II 'a:=:3 /, 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 ~ PAGE ~ 5 '3~Vd 90ZZZLlE:5Z ...,......., ,..~.." " 77 '~_. ""ocr, 2Q u"" 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 EXHIBIT e PAGE ~OF I r 9 '3:DVd 90lllLl£5l DQì8: 1'1/ H.LOI 5v; V I (NOW) 66. II 'S:::.:1 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: PAGE~OF -LC... ¿ .3~"d 90~~~¿~£!;~ !)(1'¡:¡ T 2SI õ-!T()T Qb:bT , "",wI {;{; 7.7. .",-=: 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 EXH I B IT -=::-ïr PAGE~OF ....LI:L. 'eo';iWYd Or\777/7C!:.7 - -- - - - - 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 EXHIBIT ~ .. PAGE.!L.OF ..LL 6 ':3~""'d I,t>:t>l ,,"OW) FoFo '1'1 ":;:-::: 90lll¿Z£5l ~aì8 ¡ >¡¡ Hl.O¡ 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- 0 t ":¡¡::JVd 90ZlZ:LZ:£~Z: "fT-rq T 20 uTnT n"""T.'"'~"" ££ 77"~~' 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 DCiE! 1 ~ Hl.Ol . et>:t>l (NOW) 66. II 'E~3 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 $2,882 per single family housing ,unit .at the time of building permit issuance. As previously found, the applicant is providing safe walking conditions for students by providing sidewalks on both sides of ihternal plat roads and on the south side of 304t11 St. E. to Adelaide Elementary SchooL 10 EXHIBIT. t: PAGEJLOF ...LL l I .3:ÐVd 90lllLl£~l ÐG,g I >¡> HlOl "v:id (I'JnWI """ 77 "cr-=.1 21. While concerns were raised regarding overcrowded conditions at the schools, our Court of Appeals has addressed this issue in the case of ~ A$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~ P AGE ..1J..... 0 F ...!L- ¡; t ":¡¡DVd 90ZZ;Za;¡;Sl DQ,a: I '11 H~ot 6Þ:td(",nW1{.,(; 77 "q-=.: 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 PAGE.1!L.OF vI -3:ÐVd 90lZZLZ£5Z ÐGïH T 151 T-fTnT "C:'" (..~.." ,..,.. 77 ---- :; L '3:)Vd 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% PAGE ..1:5-0F 90ZZZ¿z:£:;Z :)Gì8 I ~ H~OL 05:VL (NOYO 66. ZZ '83.:3: , . 91 '3ÐVd 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 PAGEJ" ~ 90ZZZLZ£SZ Ða'Ia: I 'iI H~Ol 1<;:v1 (NOW) fJ, 77 'Q7.1 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 90zuar;sz ts:t>t (NOW) 66- ?'?'-H-;¡': DGïS I ~ H~ot rá 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 e t ':;¡:)Vd 90U2:L.l£52: 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- :)a-¡s 1 ~ H~Ot 7.<:;:"1 ("'AWl 1<1< 77 'C",,-' 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~ ... "'-. -Be r vKi Committee Member ~( l'V'-1&vtj I [?- '0 , , I , , I ; ~ ~'-In. ~ ~ i ~ .r,9~. ~3 , , !i ! I I : I I I I I \ I I , I I I I J I r I , ~ ~ I", ~ ~ z q. -1, IL~ w" ~~ ~ -----+- ---~- -~--- ! ~ ! ~ ! ~5~ ! § ! ~i ! ~~2~ ! ~ ! ~~ ! I ;~;~ I II I ". ~~, , ' in ~~ [i] ~~~!! ! ~@ ! ~~ ~~ ~~~i! 00 ! ! Ii .~ h.~ð I I I , , , I I I i i i eEc ~=- --- -----+-----~---~--- - ! I I I I I I I I I I I !i~ i~ t.- i ..¡ -. i -. l- - ¡ - i - ! II ~~ I ;! I ¡ ~~ j \ I ! EY -----1-----1-- , , I I , , I I , , I I 100 I ! ~ z .q -1 (l æ'~ ()~ () .. ïi~ ~ ....-..- ~ '~W,;;¡<J "- - ~ T.""'~" ~ ~"- - ~...._..~ "- t- ...-.r METAL I'WOFINcõ S/4 X 8 6A~E 2 x 12 TRIM UJlMET AL FLASI-IINcõ I X 6 TRIM. TOP I X 4 TRIM. SIDES 2 X 8 SILL 2 X 12 TRIM UJlMET AL FLASI-IINcõ / / f!J " SINGLE 18" X 36" LOUvER 1 X 4 TRIM. TOP. SIDE!!> 2 X 6 SILL PT.I ~. 2 X UJRAP 12'-Ø" POLE I-IEIc;,I-IT~ ~-4 112" PLATE .J--- I-IEICóI-lT 1'-11/4" TOP OF BEAM . ENTR'T' T-Ø" 6OTTOM OF I-IEADERS -ø"- TOP OF SLA6 -4" CóRADE SOUT~ ELEVATION 6,12 PT-I EAST ELEVATION 2 X 12 TRIM UlI1"1ETAL FLA!!>I-IINCó METAL ROOFING &INCSLE 18" x *' LOUVEFi 1 x 4 TIêIH . TOP' &IDE& 2 X" &ILL .~ ~. ~ HET AL FiOOFINGo &/4 X e 6AI'16E 2 X 12 TFilH WIMET AL FLA&I-IINGo VEFiTIC:AL HETAL &IDINGo, TYP. 2 X 12 TFiIH WlMET AL FLA&I-IINGo NORT~ ELEVATION 12, Eo PT-I WEST ELEVATION 12'-Ø" POLE I-IEIGI-IT 11'-4 112" PLATE ~ -eo". TOP OF 5LA6 t =(-4' GRADE 12'.Ø' POLE I-IEIGI-IT ~ ~ ~-4 112" PLATE ~ ~ I-IEIGI-IT .ø". TOP OF 5LA6 -4" GFeADE 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. , , , -~~¡¿Faison':'\.l\:lember::: . ",'J~ ';~li'~:':~';~::i-" r,:~,:>,:';,::::, ':' ÄPPROVALOF CO:\Ii\UTTIÚ:'REPORT:':. ':':,", ' -':" ::"": <:" , " . '.. :' ..:";1.~,¡,.,~:~~:"::,¡,~,~,~.,,.:'~ .~":,:",,:.',:":.j,;':":,':,',,,'¡', ."",,' ':;:.;;,~!~ '!'~'L~1~",;'Ja'cJ( novey, Chair .;'>¡~:,' ":j:','J:.'\ "'" K:\l.I.JTC',20\1-l10.1 ,.ern1-,! 20f¡).201" TIP AND :'\SIP,DOC 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 2 3 a 00' 6 ~. 6 7 8 9 10 11 12 13 ,'~'., .. :: " '--., : " 17 "',; 18 ~ ~ 19 20 '. 21 , '~", 22 23 2a '," .,' 26 26 27 <' '~" 28 loc.tlon ,. "se2. S32..hSI,S3401hSI .. ,ase 3, 5 2841h St. SR 509 '~, ;.SR99 . '~" S . ,~~ .SR99 '~.. :sR99 ',', ,,~:-š-- .:::,.'¡¡-- ,~,.::: "':"'4Ih51 5WCamDus Dr, 21st Ave SW ."~: ~ :s33õi1iSi .;¡, '~,,""---- .., ,', "hSI SW3561hSI,22ndAveSW .... ,ase4,SR509.S312thSt .. ~~. S '~, s:sRšõ9 ..~ ~ ~ "',!.L . ~'R 161 ',. . iWêSW "',~,,, :BitiAVe-s Lake Rd,S2881h SI ., , iWêSW ~,~,..-s-- ~t "h ~ ,~, 40lh 51 26th PI SW ' Hovl Rd .'~.'~~...o, ~lec1s 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 ¡:¡oo 1õõ 6:õõõ 5:2ãõ 5,472 360 ',700 ',600 ã;i9i" 5,438 2õõ 1i4 ',890 ;::ii9 m:m 5.156 5,438 2õõ 124 7."9 2W7 0 Total -----;-¡-; 340 "i53 m 137,393 0 ( ~ j C" ,¡ 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) 1:\2004 Code Amendments\ Wellhead Protection\City CounciI\Exhibit A to Adoption Ordinance\definitions.doc/I 0/26/20043:33 PM 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. 1:\2004 Code Amendments\Wellhead Protection\City Council\Exhibit A to Adoption Ordinance\Nonconfonnance.doc/10126f2004 4:38 PM 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. 1:\2004 Code Amendments\Wel1head Protection\City Council\Exhibit A to Adoption Ordinance\land modifications doc/I 0/2612004 4:42 PM 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 4 Il ~ 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 ~._.. ..... ...";...~...~....",:'.o..... ,.,,:~ ~llLrrr ÐlS~ 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 ;;~¡ ~~t~y,.':,.¿.", ", ./'"W~",', ", ",',',',",,',,',"'" ' "'1'~""ÌI'{;',,;:.'~' ;.., ,t(,~~~"", ' ,i,., 'f' '..!"" , , ~' ""-, " , '. ç!š\o ::1: ,0 ,Á. ,A ';!J ,0 ~ ""~~~."", do<' '~ "1J' m A[t",:'>~\ ~ I \":;;"~ ,;\~ >< "~,,,.;., , /.G) :r: ;':fr~"~"" ,:",.", m- ."t~Æ~!?f,{~~! ~ ",,/l," ' 1~~ .~ ;'~~f;;.;~' .~\ ~:-- ¡;~,~,",;~~ 11'\ ,~,," ,. ~' :~J.f W ìf' '8" ~ ~A'1/,1VW ~).~,' ~ Ii "0 '1:)",'\...~,',"',",::;1' ' ,fl~ '\ v' ';~\"', '-'-., " \.'" . . , '-........"ì \, ¡ i I . \ \ \ . ¡-- /~ / ""~J I I . ,CJ S 312th ST ". , . }SW320th ST ~; ~ ~¡ ~! -, u), N: ~ S 320th s:r CIJ: "W >- > :ï:' !d¡ u.' ü; if:! ! ;' / ;/e,.' \ ,---..-' , ,I ~ , .. .\J :I: . '. !d . ~. ¡:, . . . . if: ,.,Q -""~O , ... 0"" .:¡;-'< ;>' CIJ (). I UJ: ~: y, 0- ,-, \J 0 0 ~ ~ 336th ST I ' S 336th ST; ~' CIJ, ,'" >, <t, )? 0 E!: N ~",S348th S,T j , CIJ 0 ~! . <t, <;;, -.- /~- . I / SW 356th ST . . t ~ v !I-, èf,' Q.'\: J '" .> ~' " J..:. ' l! \ ".. í' ,,$,., lJ ) ~ j~-'. . '" .¡ ~ ¡f >- 0; ~ ::;" ~ ., \ I , I I , /I ¡~;-- -1 q '--' ~ I ¡j (\ f :' I,...J c~ '-I -' ,'/0 ' I ,~~' " /) '" O!V 'I( I tJ !J CJ . or.. :,\ ~: \ \ \j . . . Private Well Locations Legend Private Vaults (wells) . . .. Private well data was provided by Lakehaven Utility District in 2000. Only private wells that were known by lakehaven at the time data was aquired is included in this map. 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 0 05 1 --1. ~ 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 ------- "" .\ ¡ ¡ I ! ! ¡ I -, ¡ i ! ! ¡ I ---_uu. ---- Ms. Margaret Clark 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 .+. PugetSound <$", ""... ""... ~'\ M,4I;>4¡-(' "-.+ ~<'~ ~.."" 0 ... JJ ;i w > ... '" on ., ;;¡ SW 336th ST I ;: VI '" ~I I N 1 SW 3561h ST " " " " " " " " " ". 1>- ! ç. UJ :t ... --....,. CI1Y OF FEDERAL WAY COMPREHt:NSIVE PLAN WELLHEAD 1 YEAR CAPTURE ZONES NATURAL ENVIRONMENT ELEMENT ,:\/ Federal Way City Umits . Potential Annexation Boundary 1\' N 1 Yr. Capture Zone ~ Wells t::.XHlbò.A PAGE-LOE Source: Lakehaven Utility Dlstrict. 0 1 Mile ¡.-- I ~ Federal Way NOTE: This map is intended tor use as a graphical representation only. The City of Federal Way makes no warranty as to its accuracy .",';"'0."",200< ~(¡_""p"'on"""'pl"" ",' ....",.-.-' -....' "".",-.-' , ",'-- D~e I /~.""~,,,\)\ ". "'Q~~ ('....,---."" r--> ~ v-- " " " " ". , " RE P\<"'¡¡ Y " ~ . .+. PugetSound " " " " " ". ~" '\-~ "-... '\ j ¡ "~""ßL r r J ",I w > « '" "' ~ '" :> « " ;::¡ 'I SW 356th ST " " " " " " " " " ". L>- t ~ t « --~ ~ M,-II¡>/,y, '1,.", '<'~ -'", '-':I .. '4,,- 0 ... " " - CllY OF FEDERAL WAY COMPREHENSIVE PLAN WELLHEAD 5 YEAR CAPTURE ZONES NATURAL ENVIRONMENT ELEMENT /\' Federal Way ëïty Umits Potential Annexation Boundary /\ ' N ~ 5 Yr. Capture Zone Wells ,..AHlbi ¡ ß ~ PAGE-L-OF-' Source: Lakehaven Utility District. 0 1 Mile ~ I ~ federal Way NOTE: This map is intended for use as a graphical representation only. The City of Federal Way makes no warranty as to its accuracy ..",;<11",",,- ",;-""""""",-- -'-_~~~h""" .+, PugetSound S 288th SJ" ~ I ;:: '" w > « '" '" ;:: '" :> « ., 0;: SW 356th ST " " " " " " " " " ". L". t ~ w :t « ---:> ~.. "'..'\. ~ " JJ CITY OF FEDERAL WAY COMPREHENSIVE PLAN' WELLHEAD 10 YEAR CAPTURE ZONES NATURAL ENVIRONMENT ELEMENT " I Federal Way City Limits I . /\ I Potential Annexation Boundary N 10 Yr. Capture Zone & Wells ,-AJi ¡ ß¡ . <:... PAGE-LOF~ Source: Lakehaveo Utility District. 0 1 Mile ~- I ~ Fëderal Way NOTE: This map is intended for use as a graphical representation only, The City of Federal Way makes no warranty as to its accuracy M., ,'¡mod J",y 200< "ri"""""",,""""'d/o',ZI0"" EXHIBITS D-L OF EXHIBIT 1 AND EXHIBITS 2-6 ARE AVAILABLE FOR YOUR REVIEW IN THE COUNCIL CONFERENCE ROOM