Res 10-597RESOLUTION NO. 10-597
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, E5TABLISHING INTENT TO
ADOPT UPDATES TO THE FEDERAL WAY SHORELINE
MASTER PROGRAM FOLLOWING REQUIRED DEPARTMENT
OF ECOLOGY REVIEW AND APPROVAL.
WHEREAS, the City adopted its Shoreline Master Program (SMP) in 1994 and amended it in 1998; and
WxEREAS, the Washington Shoreline Management Act (RCW 90.58, referred to herein as "SMA")
recognizes that shorelines are among the most valuable and fragile resources of the state, and that state and
local government must establish a coordinated planning program to address the types and effects of
development occurring along shorelines of state-wide significance; and
WHEREAS, the City of Federal Way ("City") is required to update its Shoreline Master Program
("SMP") pursuant to the SMA and WAC 173-26; and
WHEREAS, the updated SMP includes a scientific inventory and characterization report, goals and
policies, shoreline environmental designations, regulations and administrative procedures, a restoration plan,
and a cumulative impacts analysis; and
WxExEAS, the updated SMP is in the best interest and general welfare of the City of Federal Way because
it provides for the protection of sensitive shoreline areas while allowing appropriate uses and activities in
shoreline areas and includes a plan to restore degraded areas of the shoreline; and
WHEREAS, the updated SMP will apply to all jurisdictional shorelines within City limits and will apply to
all jurisdictional shorelines within the city's Potential Annexation Area (PAA), upon the effective date of
annexation of the PAA or any portion of the PAA; and
WHEREAS, pursuant to the State Environmental Policy Act (SEPA), on March 31, 2007, a Determination
of Nonsignificance was issued by the city's SEPA Official and the appeal period expired on April 28, 2007;
and
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WHEREAS, the city has incorporated public input into the update process by preparing a Public
Participation Plan, holding a public open house, forming a Citizens Advisory Committee, holding public
Planning Commission meetings, holding a public hearing before the Planning Commission, developing an
SMP update web page, providing notice of ineetings by mail and other means, and maintaining an SMP mail
list; and
WHEREAS, the city incorporated technical feedback on the SMP update by forming a Technical Advisory
Committee to review draft products and provide comments and feedback; and
WHEREAS, the City Planning Commission considered the updated SMP at their meetings of February 14,
2007, March 28, 2007, and held a public hearing on April 4, 2007, and forwarded a recommendation to
approve, with minor modifications, the updated SMP; and
WHEREAS, following passage of Resolution 07-500 by the City Council, the updated SMP was
transmitted to the Department of Ecology for formal review; and
WHEREAS, following Department of Ecology review, the City of Federal Way received official review
comments in January 2009; and
WHEREAS, city staff, the city's SMP consultant, and Department of Ecology staff worked collaboratively
to prepare draft revisions to the SMP that responded to the official Department of Ecology review; and
WHEREAS, former members of the SMP Citizens Advisory Committee (CAC), Technical Advisory
Committee (TAC), Shoreline Property Owners, Public Agencies, and other parties of interest were notified of
the availability of the revised SMP documents; and
WHEREAS, on August 4, 2010, a public information meeting was conducted to discuss the revisions to the
SMP; and
WxEREAS, on August 25, 2010, the Planning Commission conducted a public hearing on the proposed
revisions to the SMP and forwarded a recommendation to approve the proposed revisions; and
WHEREAS, on September 20, 2010 and October 4, 2010, the City Council Land Use/Transportation
Committee considered the proposed revisions to the SMP and recommended approval of the proposed
Resolution No. 10-597 Page 2 of 4
revisions as recommended by the Planning Commission with further modifications to SMP Section 5,
Shoreline Regulations, as follows: (1) retain the existing stringline setback requirement for lake shoreline
properties; and (2) remove the requirement for a minimum marine bluff setback; and
WHEREAS, following passage of this resolution the revised SMP Update will be transmitted to the
Department of Ecology for formal review and approval; and
WHEREAS, following Department of Ecology review and approval, the City Council shall pass an
ordinance adopting the approved SMP;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS
FOLLOWS:
Section 1. Public Interest. The best interests and general welfare of the City of Federal Way are served
by enacting the updated SMP because the SMP provides for the protection of sensitive shoreline areas while
allowing appropriate uses and activities in shoreline areas and includes a plan to restore degraded areas of the
shoreline. Additionally, the updated SMP addresses Potential Annexation Areas so that residents in these areas
have predictability with regard to future SMP requirements and policies.
Section 2. Department of Ecology Review/Approval. Following passage of this resolution, the
updated SMP will be transmitted to the Washington State Department of Ecology (WDOE) for formal review
and approval. Following WDOE review and approval, the City Council shall pass an ordinance adopting the
approved SMP.
Section 3. 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 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to make
necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errars,
references, resolution numbering, section/subsection numbers, and any references thereto.
Resolution No. 10-597 Page 3 of 4
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this
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
19 day of October, 2010.
CITY OF FEDERAL WAY
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ATTEST:
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CITY CLERK, CAROL CNEI Y, CMC
APPROVED AS TO FORM:
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CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 10-12-2010
PASSED BY THE CITY COUNCIL: 10-19-2010
RESOLUTION NO.: 10-597
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