The URL can be used to link to this page

LUTC PKT 10-03-2011City of Federal Way City Council Land Use/Transportation Committee October 3, 2011 City Hall 6:00 p.m. Council Chambers MEETING AGENDA Electronic Version 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be held on Monday, October 17, 2011 at 6:00 PM in City Hall Council Chambers. 6. ADJOURN Committee Members Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member G.-ILUTCAgendasandSummaries2011110-031011 LUTCAgenda.&C city staff Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Darlene LeMaster, Administrative Assistant II 253-835-2701 Action Council Topic Title/ Description Presenter Page or Info Date Time A. Approval of Minutes: September 12, 2011 LeMaster 2 Action N/A 5 min. B. Shoreline Master Program — Final Approval and Shull 4 Action 10/18/11 15 min. Adoption Ordinance Ordinance 1st Reading C. Grant Funding for Transportation Improvement Perez 124 Action 10/18/11 5 min. Projects Consent D. WSDOT Traffic Busters — Project Acceptance Perez 128 Action 10/18/11 5 min. Consent E. 10th Ave SW at SW Campus Drive Intersection Mulkey 130 Action 10/18/11 5 min. Improvements — 30% Design Status Report Consent F. 2012 Asphalt Overlay Program Preliminary Huynh 132 Action 10/18/11 5 min. Project List Consent G. Amendments to the Federal Way Revised Code Clark 136 Action 10/18/11 10 min (FWRC) related to accessory uses and convention Ordinance centers in the Office Park (OP) zone 1st Reading 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be held on Monday, October 17, 2011 at 6:00 PM in City Hall Council Chambers. 6. ADJOURN Committee Members Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member G.-ILUTCAgendasandSummaries2011110-031011 LUTCAgenda.&C city staff Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Darlene LeMaster, Administrative Assistant II 253-835-2701 City of Federal Way City Council Land Use and Transportation Committee September 12, 2011 City Hall 6:00 PM City Council Chambers MEETING SUMMARY Committee members in Attendance: Committee Chair Linda Kochmar, Committee and Committee member Jack Dovey; Council member Jim Ferrell was excused. Council members in attendance: Councilmember Jeanne Burbidge Staff in Attendance: Director of Parks, Public Works and Emergency Management Cary Roe, Public Works Director Marwan Salloum, City Traffic Engineer Rick Perez, Street Systems Project Engineer John Mulkey, Street Systems Engineer Jeff Huynh, Senior Transportation Planning Engineer Sarady Long, Assistant City Attorney Peter Beckwith, and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Kochmar called the meeting to order at 6:00 PM. 2. PUBLIC COMMENT There was no public comment. 3. BUSINESS ITEMS Forward Topic Title/Description to Council A. Approval of the August 1, 2011 LUTC Minutes N/A Committee approved the August 1, 2011 LUTC minutes as presented. Moved: Dovey Seconded: Kochmar Passed: Unanimously, 2-0 B. 20th Ave S Sidewalk Improvements Project (S 314th St to S 316th St) — Project Acceptance Sept. 20, 2011 C. 2010 Pedestrian Safety Project — Project Acceptance Consent D. 2011 Asphalt Overlay Project — Project Acceptance Committee member Dovey acknowledged that all three projects are complete and under budget. Option #1 of all three agenda items were forwarded in one motion. There was no presentation, public comment or discussion. Committee forwarded Option #1 of Agenda items B, C and D as presented. Moved: Dovey. Seconded: Kochmar Passed: Unanimously; 2-0 E. Transportation Demand Management Implementation Agreement with WSDOT Sept. 20, 2011 F. Commute Trip Reduction (CTR) Program Implementation Contract with King County Consent Senior Transportation Planning Engineer Sarady Long presented information on both items together since they are directly related to one another. There was no public comment. Land Use/Transportation Committee Page 2 September 12, 2011 Councilmember Jeanne Burbidge commented on employment figures for the City and the importance of employment information to funding opportunities as an urban center. Mr. Long will provide Councilmember Burbidge with available employee statistics for employers within the city. The CTR program has its own criteria as well that must be met in order to qualify an employer for the CTR program. Committee forwarded Option #1 for items E and F as presented. Moved: Dovey. Seconded: Kochmar Passed: Unanimously; 2-0 4. OTHER None 5. FUTURE MEETING The next LUTC meeting will be Monday, October 3, 2011 at 6:00 PM in City Hall Council Chambers. 6. ADJOURN The meeting adjourned at 6:03 PM. Attest: COMMITTEE APPROVAL: Darlene LeMaster, Administrative Assistant II Linda Kochmar, Chair Jim Ferrell, Member G:\LUTC\LUTC Agendas and Summaries 2011\9-12-11 Minutes.doc Jack Dovey, Member COUNCIL MEETING DATE: October 18, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FINAL APPROVAL SHORELINE MASTER PROGRAM (SMP) POLICY QUESTION: Should the City Council Adopt the Shoreline Master Program with changes required by the Department of Ecology? COMMITTEE: LUTC MEETING DATE: October 3, 2011 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Senior Planner Janet Shull DEPT: CED Attachments: Staff Report; Department of Ecology Conditional Approval Letter with Attachments; and Draft Ordinance. Options Considered: 1. Agree to the Department of Ecology proposed changes to the SMP that was approved by Resolution 10-597; or 2. Direct staff to submit an alternative proposal to the Department of Ecology for their review and further action. MAYOR'S RECOMMENDATION: The Mayor recommends that the City Council agree to the Department of Ecology proposed changes to the Shoreline Master Program approved by Resolution 10-597. MAYOR APPROVAL:DIRECTOR APPROVAL: Committee Council ttee Council COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on October 18, 2011. Linda Kochmar, Chair Jack Dovey, Member Jim Ferrell, Member PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (OCTOBER 18, 2011): "I move to forward approval of the ordinance to the November 1, 2011 Council Meeting for adoption. " 2 N READING OF ORDINANCE (NOVEMBER 1,2011): "I move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 13T reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08112/2010 RESOLUTION # 44k CITY OF 4 Federal Way CITY COUNCIL COMMITTEE STAFF REPORT DATE: September 27, 2011 TO: Linda Kochmar, Chair Members of the Land Use/Transportation Committee (LUTC) VIA: Skip Priest, Mayor FROM: Patrick Doherty, CED Direct Isaac Conlen, Planning Mana e Janet Shull, AICP, Senior Planne SUBJECT: Final Adoption of Federal Way Shoreline Master Program Update incorporating Department of Ecology required changes. MEETING DATE: October 3, 2011 A. POLICY QUESTION Should the City Council pass an Ordinance approving the City of Federal Way Shoreline Master Program (SMP) with changes required by the Department of Ecology and authorize submittal of a letter to the Department of Ecology (DOE) agreeing to the proposed changes as required under the Shoreline Management Act (SMA)? B. INTRODUCTION This staff report contains background information on the SMP update process, (Section C), and an overview of steps remaining to implement updates to the City of Federal Way SMP. In October of 2010, the City Council passed Resolution 10-597 approving revisions to the Shoreline Master Program and authorizing staff to forward the SMP to the DOE for review and approval. The DOE reviews all locally -adopted SMP documents and must approve them prior to local government implementation. Attachment B of the DOE letter dated August 30, 2011 identifies the Department of Ecology's required changes to the 2010 Shoreline Master Program Update. These changes affect the Shoreline Regulations, Section 5 of the SMP. Section D of this staff report summarizes the DOE required changes. C. BACKGROUND The City of Federal Way is required to update its Shoreline Master Program under Substitute Senate Bill (SSB) 6012, passed by the 2003 Washington State Legislature, to be consistent with Shoreline Management Act (SMA) guidelines established by the Washington State Department of Ecology (DOE). The City of Federal Way obtained a grant from the DOE and hired ESA Adolfson for technical assistance with the update. City staff and ESA Adolfson prepared draft elements of the SMP and obtained input from a Citizen's Advisory Committee (CAC) and a Technical Advisory City Council Committee Staff Report Meeting Date: October 3, 2011 Final Approval of Shoreline Master Program Page I Committee (TAC). A public open house was held on June 7, 2006, and was advertised with direct mailings to all shoreline property owners as well as public notices on the City's website. In addition to the input of the CAC and the TAC membership and public input at the open house, Washington Department of Fish and Wildlife, Washington Department of Natural Resources, King County, neighboring cities, and the Tribes were notified of the SMP update. Three meetings were held with the Planning Commission (February 14, March 28, and April 4, 2007) and public comment taken. The City Council Land Use Transportation Committee (LUTC) held a meeting on the SMP Update on May 21, 2007, followed by City Council approval of the Draft SMP Update by resolution on June 5, 2007. Following Council approval, the draft SMP Update documents were sent to the Department of Ecology for review and comment. On January 28, 2009, the City of Federal Way received formal comments from the Department of Ecology. During 2009/2010, staff and ESA Adolfson prepared draft revisions including several iterations of consultation and review by DOE staff. On August 4, 2010, an informational meeting was conducted for the public. On August 25, 2010, the Planning Commission held a public hearing on the proposed revisions and passed a motion recommending the City Council approve the proposed revisions as presented. On September 20 and October 4, 2010 the City Council Land Use and Transportation Committee (LUTC) considered the proposed revisions to the SMP and recommended approval with some minor modifications to Section 5, Shoreline Regulations. The City Council considered the LUTC recommendation and passed Resolution 10-597 on October 19, 2010. Staff transmitted the SMP to the DOE in December of 2010 for their review and approval action. The DOE conducted a public review process and considered input received during that process. On August 30, 2011, the DOE issued its Conditional Approval letter to the City of Federal Way. This letter contains a short list of required changes to the SMP. If the city agrees to these required changes, and notifies the DOE in writing of acceptance of these required changes, then the DOE will issue final approval of the Federal Way SMP and it will then be in effect 14 days from this final decision. D. SUMMARY OF DOE REQUIRED CHANGES In most cases, the DOE issues "Conditional Approval" letters to local jurisdictions, so Federal Way's receipt of a conditional approval is not unique. Staff worked collaboratively with DOE staff to resolve most of their concerns. As a result, that we are fortunate to have received a very short list of 2 required changes for a SMP document consisting of hundreds of pages. Department of Ecology review and approval of the Council -approved SMP is contingent upon the city accepting required changes identified in their letter dated August 30, 2011. The required changes pertain to Section 5: Shoreline Regulations. There are no changes required for the other 7 sections of the SMP. The required changes are summarized as follows: CHANGE #l: Wetland buffers within Shoreline Environment This required change will add the requirement for a Shoreline Variance in cases where proposed modifications to wetland buffer widths reduce the buffer width by more than 25%: City Council Committee Staff Report Meeting Date: October 3, 2011 Final Approval of Shoreline Master Program Page 2 CHANGE #2: Increase amount of native vegetation conservation in shoreline setback area in Shoreline Residential and Urban Conservancy Environments This required change affects native vegetation retention in the Shoreline Residential and Urban Conservancy Environments as follows: Shoreline Residential Environment: • Increase the minimum amount of native vegetation conservation from 50% to 70% within shoreline setback areas; and • Increase the minimum amount of native tree retention from 60% to 70% within shoreline setback areas. Urban Conservancy Environment: • Increase minimum amount of native vegetation from 70% to 85% within shoreline setback areas; and • Increase the minimum amount of native tree retention from 70% to 80% within shoreline setback areas. Staff has reviewed the DOE required changes and feels that both of the required changes will provide an additional level of protection for sensitive shoreline environments without adding significant added restriction on the use of shoreline properties. E. NEXT STEPS — OPTIONS FOR CONSIDERATION Pursuant to RCW 90.58.090(2)(e) the City has two options in response to the DOE Conditional Approval Letter. The City may: 1. Agree to the proposed changes, or 2. Submit an alternative Proposal for DOE review and consideration. F. RECOMMENDED ACTION Staff recommends the final approval of the SMP as passed by Resolution 10-597 with modifications required by the Department of Ecology to Section 5 - Shoreline Regulations; as depicted in Attachment B to the draft Ordinance, be recommended for approval to the City Council. STAFF RECOMMENDATION: Staff recommends approval of the SMP as passed by Resolution 10-597 with changes as required by the Department of Ecology as outlined in their August 30, 2011 Conditional Approval Letter; and authorization of submittal of a letter of agreement to the required changes to the Department of Ecology. K:\Shoreline Master Program\2011Final Adoption\LUTC Report.DOC City Council Committee Staff Report Meeting Date: October 3, 2011 Final Approval of Shoreline Master Program Page 3 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47600 • Olympia, WA 98504-7600 • 360-407-6000 711 for Washington Relay Service • Persons with a speech disability can call 877-833-6341 August 30, 2011 The Honorable Skip Priest, Mayor City of Federal Way 33325 Eighth Avenue South Federal Way, WA 98003 RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT SEP 0 2 2011 Re: City of Federal Way Comprehensive Shoreline Master Program Update Conditional Approval, Resolution Number 10-597 Dear Mayor Priest: I would like to take this opportunity to commend the city of Federal Way (City) for its efforts in developing the proposed comprehensive Shoreline Master Program (SMP) Update. It is obvious that a significant effort was invested in this update by your staff and engaged community. As we have already discussed with your staff, the Washington State Department of Ecology (Ecology) has identified specific changes necessary to make the proposal approvable. These changes are detailed in Attachment B. Ecology's findings and conclusions related to the City's proposed SMP update are contained in Attachment A. Pursuant to RCW 90.58.090(2)(e), at this point the City may: • Agree to the proposed changes, or • Submit an alternative proposal. Ecology will then review the alternative(s) submitted for consistency with the purpose and intent of the changes originally submitted by Ecology and with the SMA. Final Ecology approval will occur when the City and Ecology agree on language that meets statutory and Guidelines requirements. ii The Honorable Skip Priest August 30, 2011 Page 2 Please provide your written response within 30 days to the Director's Office at the following address: WA State Department of Ecology Attention: Director's Office PO Box 47600 Olympia, WA 98504-6700 Ecology appreciates the dedicated work that you, the City Council, Community Development Services staff (Isaac Conlen and Janet Shull), the Planning Commission and the Shoreline Advisory Committee have put into the Shoreline Master Program Update. Thank you again for your efforts. We look forward to concluding the SMP update process in the near future. If you have any questions or would like to discuss the changes identified by Ecology, please contact our Regional Planner, David Pater, at David.Pater@ecy.wa.gov/ (425) 649-7145. Sincerely, Jtt SfmdiAli� 6j &U&3CAAV—) Ted Sturdevant Director Enclosures By certified mail [7003 1010 0005 056911231 cc: Isaac Conlen, Federal Way Community Development Services Patrick Doherty, Director, Federal Way Community & Economic. Development David Pater, Department of Ecology Janet Shull, Federal Way Community Development Services Peter Skowlund, Department of Ecology Geoff Tallent, Department of Ecology ATTACHMENT A: FINDINGS AND CONCLUSIONS FOR PROPOSED AMENDMENTS TO THE CITY OF FEDERAL WAY SHORELINE MASTER PROGRAM SMP Submittal Accepted: January 18, 2011, Resolution No. 10-597 Prepared by David Pater, on August 5, 2011 Brief Description of Proposed Amendments: The City of Federal Way is proposing a comprehensive update of its entire shoreline master program (SMP). The SMP update replaces the City's 1998 shoreline master program. Federal Way's shoreline consist of 4.84 miles of marine shoreline, Approximately 3.3 Miles of freshwater shoreline including: the northwest shore of Lake Killarney, 46 acre Steele Lake and 55 acre North Lake, both are located entirely within the city limits. Current land use on the City's shoreline is dominated by residential development with a few park areas. Extensive marine bluffs and a few associated wetlands mainly with the lakes characterize the shoreline. SMP Goals, policies and shoreline environments will become an element of the comprehensive plan. The SMP regulations will become a separate section in the City development code. The critical area regulations are incorporated directly in the SMP as another code section. FINDINGS OF FACT Need for Amendment: The proposed amendment is needed to update the shoreline master program (SMP) environment designations, policies and regulations. Federal Way's current SMP is from 1998. This SMP update is needed to address the need for updated shoreline policies and regulations which reflect the current level of environmental protection and land use management provided by city comprehensive plan elements, and other applicable city code. It also needs to meet the State Shoreline Master Program Guidelines (WAC 17-26) and comply with the statutory deadline for comprehensive update of the SMP (RCW 90.58.080). Amendment History, Review Process: The proposed SMP update originated from a State Shoreline Master Program Update Grant that began in November 2005. The Shoreline Citizen Advisory Committee assisted with developing the SMP from July 2006 to December 2006. The record shows that four SMP public meetings open to the public were held on June 7, 2006, March 28, 2007, May 21, 2007 and August 4, 2010. Five Planning Commission meetings were held from February 14, 2007 to August 25, 2010. Three City Council Land Use Committee meetings May 21, 2007, September 8, 2010 and October 4, 2010 and two City Council meetings June 5, 2007 and October 19, 2010. Two SMP public hearings before the City Planning Commission on April 4, 2007, August 25, 2010. Affidavits of publication provided by the City indicate notices of the hearings were published. With passage of Ordinance No. 10-597, on October 19, 2010, the Federal Way City Council adopted the 2010 SMP Update and authorized staff to forward the proposed SMP update to Ecology for approval. The proposed SMP amendments were received by Ecology for state review on December 20, 2010, and verified as complete on January 18, 2011. Notice of the State comment period was distributed to state task force members and interested parties identified by the City of Federal Way on March 8, 2010, in compliance with the requirements of WAC 173-26-120, and as follows: The state comment period began on March 11, 2010 and continued through April 12, 2010. Ecology staff determined a public hearing was not necessary. Notification of the State comment period was provided in the March 9, 2010 edition of the Federal Way Mirror newspaper, Federal Way's official newspaper of record. A total number of one organization (Futurewise) and no individual citizens submitted comments on the proposed amendments. Ecology sent all written comments it received to the City on April 27, 2010. On June 13, 2010 Federal Way submitted to Ecology its responses to issues raised during the state comment period. A few required changes resulted from comments received during Ecology's public comment period. These changes are outlined in attachment B. Consistency with Chapter 90.58 RCW: The proposed comprehensive amendment has been reviewed for consistency with the policy of RCW 90.58.020 and the approval criteria of RCW 90.58.090(3), (4) and (5). The City has also provided evidence (see above) of its compliance with SMA procedural requirements for amending an SMP contained in RCW 90.58.090. Consistency with "applicable guidelines" (Chapter 173-26 WAC, Part III): The proposed amendment has been reviewed for compliance with the requirements of the applicable Shoreline Master Program guidelines (WAC 173-26-171 through 251 and -020 definitions). This included review of a SMP Submittal Checklist, which was completed by the City of Federal Way. Consistency with SEPA Requirements: The City submitted evidence of SEPA compliance in the form of a SEPA checklist and issued a Determination of Non - Significance for the proposed SMP amendment on March 31, 2007; notice of the SEPA determination was published in the Federal Way Mirror on March 31, 2007. Ecology did not comment on the DNS. Other Studies or Analyses supporting the SMP update: Ecology reviewed the following reports, studies, map portfolios and data prepared for the City in support of the comprehensive SMP amendment: These supporting documents include: • a March 2006 public participation plan, • a June 2007 shoreline inventory and characterization, • a May 2010 cumulative impacts analysis, • a June 2007 shoreline use analysis, and • an April 2010 shoreline restoration plan 2 Summary of Issues Raised During The Public Review Process: The City's SMP amendment drafting/public review process brought out a few issues that required further discussion and analysis. Marine Bluff Shoreline Setbacks, The final draft SMP provided to the Federal Way City Council contained no shoreline residential setback from top of marine bluffs. The City Council decided to not include a defined setback but have site specific engineering studies determine that setback. After consultation with City planning staff and additional analysis of City geological hazard maps; it was concluded that Geo -hazards mapping places at least 95% of all marine shoreline bluffs outside of shoreline jurisdiction. The CAO Geological Hazardous Areas Development Regulations (15.10.160 (2) (limitations) requires a minimum 25 foot setback from a defined geo-hazard area provides some additional protection for the marine bluffs. This setback coupled with site specific engineering analysis requirements provides a base level of protection for the rare residential lot that is both in shoreline jurisdiction and in a defined geological hazard area. Lake Shoreline String line Setbacks: This issue was debated at both the City Planning Commission and City Council mainly due to a homeowner proposal. Proposed SMP regulation 15.05.080 Shoreline residential environment. (5) Shoreline Uses (c) Setbacks (a) If single family residential development is proposed on a lot where properties on at least one side of the lot are developed in single-family residences located less than 50 feet from the ordinary high water marl, then the proposed residential development may be located the same distance from the ordinary high water mark as the adjacent residences (using the string line setback method as defined in FWRC 15.05.030), but shall in no case be closer than 30 feet from the ordinary high water mark The home owner proposal would have allowed the string line setback to be used to require new houses to be setback greater than 50 feet to maximum 100 feet if an existing structure on either side of a vacant parcel was setback greater than 50 feet. This proposal was rejected by the City Council and the above regulation is proposed. Piers and Dock Standards. The City Council approved a major upgrade to both marine and freshwater pier and docks standards. Adopting an SMP with many key dimensional and light transmission elements of the US Army Corps Regional General Permit standards for marine and freshwater piers, docks and walkways _Over time this will help to reduce overwater coverage impacts on the City's lake and Puget Sound shorelines. 3 Relevant Citizen Comments from Ecology public comment period: Dean Paterson, Futurewise Comment #I Changes are Needed to the Environment Maps to Protect Remaining Intact Areas Futurewise reviewed the shoreline environments map and compared it to the development patterns observed using Google Earth. Discrepancies were found between the proposed environment designations and the shoreline environment designation criteria. There are several areas that appear to be completely undeveloped and intact and should be Natural, and several areas that are developed but have intact vegetation and should be Urban Conservancy. Some of the Futurewise recommended changes are within the city limits, with others in the City's potential annexation area. Many designation changes focus on converting Conservancy shoreline segments to Natural. All the proposed Natural shoreline environment areas are located in public parks. Intact areas designated Conservancy are mainly zoned for medium to low density residential development. City staff balanced characterization information, current land uses and zoning to come up with the proposed shoreline designations. Staff was also concerned about creating significant areas of nonconforming structures. City Response: The Shoreline Environment designations were established early on in the SMP development process (2006/2007) and subject to extensive public comment and Department of Ecology review. There were no required changes to our shoreline environment designations in the formal comments provided by the Department of Ecology in early 2009. We can appreciate the time and effort Futuewise put into reviewing aerial photography and developing suggested changes. However, city staff and consultants also considered existing land use, existing zoning designations and adjacent land uses. We also refrained from creating "spot zones " based on individual parcel characteristics, and from creating areas of nonconforming development. Ecology response: Ecology discussed with City staff, Futurewise's concerns with some of the shoreline designations especially concerning the lake shorelines. Marine Shorelines: Many of Futurewise's proposed changes focused on converting Urban Conservancy shoreline to Natural. While parts of this shoreline are undeveloped it also is platted for medium and low density single family residential development. Application of the natural environment to these areas would create permitting challenges for the city, and city staff felt the natural environment would be too restrictive. Also given that the vast majority of the shoreline in these -areas is high bluff; most of the shoreline jurisdiction falls within the defined CAO geological hazard areas, which significantly restricts any development. 4 Lake Shorelines: Ecology/Federal Way discussions particularly focused on associated wetlands for Steele and North Lakes. Some of these areas are designated Urban Conservancy, while others are designated Residential shoreline. Federal Way staff felt the shoreline environment changes would have little environmental benefit, simply because the city critical areas regulations do not allow development within designated wetland areas. The differences in allowable uses, minimum setbacks, vegetation retention, etc between Shoreline Residential and Urban Conservancy environment simply don't apply in the case of designated wetland areas. The shoreline jurisdiction for these associated lake wetlands also ends at the wetland edge. The buffers are under the jurisdiction of the city-wide critical areas regulations. Upon further City staff review of the areas affected by designation changes: staff also pointed out that the changes would result in a number of parcels having split shoreline environment designations which could add to further confusion for the affected property owners. Possibly resulting in additional time and effort for city and Ecology staff, to explain the net effect and reasons for these changes, at the end of the SMP adoption process. Further Ecology review of this issue concluded that that while ecological information for these wetlands warrants more protective designations, the adjacent existing residential development clearly calls for a residential shoreline environment. A parallel designation may have been appropriate. But given City concerns about split designations on a single parcel, and the fact that applying a more protective designation doesn't translate into more environmental protection; Ecology staff agrees with the City that a designation change at this late stage in the SMP process is not warranted. Comment #2• Proposed Setbacks are Inadequate to Protect Remaining Ecological Functions 2B: Urban Conservancy The proposed setback for Urban Conservancy is 50 feet for residential development (the most common development), and 30% of this area can be cleared and developed with yard features. This is the equivalent of a 35 foot setback. The proposed segments of Urban Conservancy usually have approximately 100 feet of intact vegetation. The areas we recommend for Urban Conservancy have similar vegetation characteristics or have rural character with large setbacks and partial vegetation. Under the proposed setbacks, these areas with 100 feet of intact vegetation would lose 65% of their area even though they can accommodate a 100 foot setback that more closely matches the scientific literature. Furthermore, no set percent should be allowed to degrade the buffer other than what is needed for water dependent facilities and access to the water. See attachment B for required change to 1 S. 05.080 (3) (e) If Urban Conservancy environment setback is not changed, the loss of functioning area outside the 50 foot setback needs to be accounted for in the Cumulative Impacts Analysis and mitigated in the Restoration Plan, which will be very difficult or impossible to do . 5 2C: Shoreline Residential The segments that are designated Shoreline Residential have a 50 foot setback, and 50% of this area can be cleared and developed with yard features. The 50 foot setback appears to be a good average for these highly developed areas, and is thus an appropriate setback. However, the allowance to clear and develop 50% of the setback area results in the equivalent of a 25 foot setback, which is inappropriate. Development in the setback area should be limited to water dependant facilities and access to the water. If Shoreline Residential environment setback is not changed, the impacts of the allowed 50% development area in the setback needs to be accounted for and mitigated in the Cumulative Impacts Analysis and mitigated in the Restoration Plan. See attachment B for required change to 15.05.090 (3) (e) City Response to 2B &2C: City considered existing development patterns and zoning and feels that the proposed setbacks are appropriate for an urbanized area with predominately single family residential development. Ecology response: In further review of the vegetation conservation standards (15.05.080 (3) & 15.05.090 (3) and the cumulative impacts analysis Ecology determined that the vegetation clearance allowance will make it difficult for the City to achieve no net loss of ecological functions on these shorelines in both the residential and urban conservancy environments. The Ecology approved City of Des Moines SMP has the following vegetation conservation clearance allowances; "No more than 15% of the area with native vegetation shall be cleared within the vegetation conservation area ". This applies to all their residential shorelines. Required SMP changes are proposed for the residential and urban conservancy environments for allowed vegetation clearance and tree retention. Comment 4: Additional Concerns Regarding Critical Area Protections 4C Under Section 15.10.250, wetlands under 2500 sq. ft. are not regulated or protected. Such exclusions must be eliminated from the SMP standards to ensure no net loss of shoreline resources as the SMP Guidelines require. In addition, wetlands are only rated into 3 categories using a non-scientific methodology that uses the primary criterion of size. We recommend using the Dept. of Ecology four category wetland rating system.' This system has the advantage of incorporating the current science on wetlands, which the SMA requires, and most wetland consultants and scientists are familiar with the system, potentially reducing costs for applicants and the city. 4D: The wetland buffer widths in Section 15.10.250 do not match the current scientific literature standards for protecting ecological functions. The proposed SMP wetland buffers are: 200 feet for Category 1; 100 feet for Category 2; and 50 feet for Category 3. The Ecology recommendations based on science are to use 4 categories, with buffers of 300 feet for Category I wetlands, 300 feet for Category II wetlands, 150 feet for Category III wetlands, and 50 feet for Category IV wetlands. Thus the proposed wetland setbacks 6 are substantially lower than those recommended by science. We recommend adoption of one of the wetland buffer alternatives recommended by the Department of Ecology 4E: Sections 15.10.260 (modifications of wetlands), 15.10.270(2) (wetland buffer averaging), 15.10.270(4) (minor improvements in buffers), 15.10.270(5) (wetlands buffer reductions), and 15.10.270(6) (wetlands buffer modification) all allow intrusions into the buffer. Like stream buffers, as discussed above, these sections include criteria that do not use the concept of mitigation sequencing. Instead they allow intrusions for any purpose, as long as impacts are mitigated. A criterion is needed in all of these sections that states: "Alternatives that avoid and minimize the need for a wetland or buffer location are not feasible. " Using the word "feasible" (which is defined) ensures some actual need will be demonstrated before approval. City Response: Critical areas protection was discussed at length with Department of Ecology staff. The critical areas regulations that were incorporated into the SMP provide the same protection as the critical areas regulations that apply throughout the city. At such time as the city updates its critical areas regulations ( will occur as part of 2014 comprehensive plan update) it will consider the BMPs that are established at that time and update the SMP to make sure appropriate BMP's are also establishedfor the Shoreline Environment Ecology esponse: City Staff explained to Ecology that shoreline wetland buffers are mainly in a degraded condition and that additional protection such as larger buffers would not result in measurable protection improvements. Staff also indicated that the amount of wetlands within shoreline jurisdiction was not significant to justify major changes to wetland buffer standards within the SMP. Additional Ecology analysis and City information on the wetlands associated with City fake shorelines indicate that while the wetlands are considered high quality (category one), they tend to be associated wetlands, where shoreline jurisdiction only extends to the edge of each wetland. The wetland buffers in these cases would fall under Federal Way's non -SMP CAO. So any changes to SMP CAO wetland buffer standards would not apply to the buffers for these category one wetlands. The SMP cumulative impacts analysis did not provide an in depth analysis of this issue, perhaps because of the above status of these wetland buffers. Given the above information Ecology recommends the following required change in response to Futurewise comment 4E: Article II. 15.05.040 General Development Standards Add the following as item (ii) to 15.05.040 (4)(a) Critical Areas: When 15 10 270 (Structures improvements and clearing and grading within regulated wetland by ers) subsections (5) Wetland Buffer Reduction and (6) Modification are utilized for a project proposal a shoreline variance permit is required if the overall proposed buffer width reduction exceeds 25 percent. This change is recommended to insure consistency with other SMP/CAO buffer reductions that have been negotiated and approved within other local SMP's. The 25 7 percent reduction threshold reflects the critical areas best available science that indicates a significant loss in buffer ecological function for reductions that exceed 25 percent. Comment #6: Special Treatment for Restoration Needs to Exclude Non -restoration FacilitieS. Section 15.05.040(8) needs to address a common problem for restoration projects. Projects sometimes include non -restoration elements that actually degrade or eliminate ecological functions. Such project elements should not receive the same special treatment as true restoration projects. We recommend adding a new subsection (d): "Then a restoration project includes non -restoration elements, such as docks, shoreline stabilization structures, etc., the non -restoration elements shall be reviewed separately from the remainder of the restoration project. " City Response: City wants to have policies that encourage restoration and not discourage it. Elements of any restoration project that do not contribute to the restoration will be evaluated as part of the cumulative impact of the overall project. Ecology Response: Federal Way staff recognizes the importance of shoreline restoration. They have prepared a complete restoration plan that will help improve their shorelines over the long term. Ecology trusts that city staff will apply applicable SMP standards to all projects. Summary of Issues Identified by Ecology as Relevant To its Decision: All Ecology draft SMP comments have been addressed. The State public comment process brought out additional issues of concern that are worth consideration as required or recommended changes. CONCLUSIONS OF LAW After review by Ecology of the complete record submitted and all comments received, Ecology concludes that the City of Federal Way's SMP proposal including the required changes identified in attachment B, are consistent with the policy and standards of RCW 90.58.020 and RCW 90.58.090 and the applicable SMP guidelines (WAC 173-26-171 through 251 and .020 definitions). This includes a conclusion that the proposed SMP, contains sufficient policies and regulations to assure that no net loss of shoreline ecological functions will result from implementation of the new master program amendments (WAC 173-26-201(2)(c). Consistent with RCW 90.58.090(4), Ecology concludes that those SMP segments relating to critical areas within Shoreline Management Act jurisdiction provide a level of protection at least equal to that provided by the Federal Way's existing critical areas ordinance and achieves no net loss of shoreline ecological functions. Ecology concludes that those SMP segments relating to shorelines of statewide significance provide for the optimum implementation of Shoreline Management Act policy (RCW 90.58.090(5). 8 Ecology concludes that the City of Federal Way has complied with the requirements of RCW 90.58.100 regarding the SMP amendment process and contents. Ecology concludes that the City of Federal Way has complied with the requirements of RCW 90.58.130 and WAC 173-26-090 regarding public and agency involvement in the SMP amendment process. Ecology concludes that the City of Federal Way has complied with the purpose and intent of the local amendment process requirements contained in WAC 173-26-100, including conducting open houses and public hearings, notice, consultation with parties of interest and solicitation of comments from tribes, government agencies and Ecology. Ecology concludes that the City of Federal Way has complied with requirements of Chapter 43.21 C RCW, the State Environmental Policy Act. Ecology concludes that the City of Federal Way's SMP amendment submittal to Ecology was complete pursuant to the requirements of WAC 173-26-110 and WAC 173-26- 201(3) (a) and (h) requiring a SMP Submittal Checklist. Ecology concludes that it has complied with the procedural requirements for state review and approval of shoreline master program amendments as set forth in WAC 173-26-120. Ecology concludes that the City of Federal Way has chosen not to exercise its option pursuant to RCW 90.5 8.030(2) (f) (ii) to increase shoreline jurisdiction to include buffer areas of all critical areas within shorelines of the state. Therefore, as required by RCW 36.70A.480(6), for those designated critical areas with buffers that extend beyond SMA jurisdiction, the critical area and its associated buffer shall continue to be regulated by the City's critical areas ordinance. In such cases, the updated SMP shall also continue to apply to the designated critical area, but not the portion of the buffer area that lies outside of SMA jurisdiction. All remaining designated critical areas (with buffers NOT extending beyond SMA jurisdiction) and their buffer areas shall be regulated solely by the SMP. DECISION AND EFFECTIVE DATE Based on the preceding, Ecology has determined the proposed amendment is consistent with the policy of the Shoreline Management Act, the applicable guidelines and implementing rules. Ecology approval of the proposed amendments is effective 14 days after Ecology's final action approving the SMP Update. 0 Attachment B: Required changes to the 2010 Federal Way Shoreline Master Program Update Strike out text indicates existing sections that need to be removed from the SMP. Underlined text indicates sections that need to be inserted into the SMP. Article 11. 15.05.040 General Development Standards Add the following as item (ii) to 15.05.040 (4)(a) Critical Areas: When 15 10 270 (Structures improvements and clearing; and -grading within regulated wetland bu ers) subsections (5) Wetland Buffer Reduction and (6) Modification are utilized for a project proposal a shoreline variance permit is required if the overall p oposed buffer width reduction exceeds 25 percent. Section 5 Shoreline Regulations: 15.05.080 Shoreline Residential Environment. (3) General Requirements (e) Vegetation conservation area. The required setback area shall be considered a vegetation conservation area. Within the vegetation conservation area, no more than -50 30 percent of the area with gxistin native shoreline vegetation shall be cleared, and a minimum of 60 70 percent of existing native trees shall be retained. Trees determined by the city to be hazardous or diseased may be removed. Additionally, the director may allow removal of vegetation exceeding that described above where an applicant agrees to replacement plantings that are demonstrated to provide greater benefit to shoreline ecological processes than would be provided by strict application of this section. 15.05.090 Urban Conservancy Environment. (3) General Requirements (e) Vegetation conservation area. The required setback area shall be considered a vegetation conservation area. Within the vegetation conservation area, no more than 30 15 percent of the area with existin native shoreline vegetation shall be cleared, and a minimum of -70 80 percent of existing native trees shall be retained. Trees determined by the city to be hazardous or diseased may be removed. Additionally, the director may allow removal of vegetation exceeding that described above where an applicant agrees to replacement plantings that are demonstrated to provide greater benefit to shoreline ecological processes than would be provided by strict application of this section. Table (15.05.070 (6) Vegetation Conservation NO end Shy iaesidenfaal, tJrbaia � � ` �atcil � u -tea •... ,, - °� a .:. � ..: � , ax. .�-- .t;. t-e;,ice €sad -:.�. , .--�. ��r,- General standards for all development and uses further detailed by specific use regulations below Height' 35 feet 35 feet 35 feet Shoreline 50 feet from OHWM or as 50 feet from OHWM or as 100 feet from OHWM or setbacks2 required for protection of required for protection of as required for protection critical areas, whichever is critical areas, whichever is of critical areas, greater greater whichever is greater Vegetation Conserve 50 70% Conserve -70 85% conservation (minimum) of native (minimum) of native Conserve 100°% of native area vegetation and 60 70% vegetation and 70 80% vegetation and 100°% of (minimum) of native trees (minimum) of native trees native trees in setback in setback in setback ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to amendments to the City's comprehensive plan adding a new Chapter 11 "Shoreline Master Program"; repealing Comprehensive Plan Section 2.8.5 "Shoreline Master Program"; repealing existing Title 15 FWRC; and adding a new Title 15 FWRC. (Amending ordinance Nos. 09-597, 00-375,99-355,98-323,97-291, and 90-38) WHEREAS, the City adopted its Shoreline Master Program (SMP) in 1994 and amended it in 1998; and WHEREAS, 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 WHEREAS, the pursuant to the SMA, updated SMP goals and policies shall be incorporated into the Federal Way Comprehensive Plan; and WHEREAS, pursuant to the SMA, updated shoreline regulations and administrative procedures shall be incorporated into the Federal Way Revised Code (FWRC); and WHEREAS, 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 Ordinance No. 11- Page I of 6 Rev 1/10 CP 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 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 meetings 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 Ordinance No. 11- Page 2 of 6 Rev 1/10 CP 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 WHEREAS, 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 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 Council Resolution 10-597 the revised SMP Update was transmitted to the Department of Ecology for formal review and approval; and WHEREAS, on August 30, 2011, the Department of Ecology issued a Conditional Approval letter that specifies required changes to the revised SMP Update that must be agreed to in order to receive final Ecology Approval; and Ordinance No. 11- Page 3 of 6 Rev 1/10 CP WHEREAS, on October 3, 2011, the City Council Land Use/Transportation Committee considered the Department of Ecology required changes to the SMP and recommended approval of the required changes; and WHEREAS, the City Council desires to approve the SMP Update as adopted by Resolution 10-597 with the changes required by the Department of Ecology; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings and Conclusions. (a) The proposed amendments to the comprehensive plan text and Title 15 of the FWRC, as set forth in Exhibits A and B, attached hereto, are consistent with the comprehensive plan overall vision and the Plan's land use element, and will provide 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 therefore bear a substantial relationship to public health, safety, and welfare; are in the best interest of the residents of the City; and are consistent with the requirements of RCW 36.70A, the King County Countywide Planning Policies, and the unamended portion of the Plan. (b) The proposed amendments have complied with the appropriate process under state law and the FWRC. Section 2. Agreement with Department of Ecology Required Changes to the SMP Update. Staff is hereby directed to prepare a written response to the Director of the Department of Ecology communicating agreement with Department of Ecology required changes to the SMP Update. Section 3. Adoption of the SMP Update as passed by Council Resolution 10-597 with Ordinance No. 11- Page 4 of 6 Rev 1/10 CP Department of Ecology Required Changes. The City of Federal Way Shoreline Master Program Update passed by Resolution 10-597 as updated by changes required by the Department of Ecology in the Conditional Approval letter dated August 30, 2011 is hereby adopted as the official Shoreline Master Program for the City of Federal Way. Section 4. Comprehensive Plan, Amendments Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011 copies of which are on file with the Office of the City Clerk, is hereby amended to repeal existing Section 2.8.5 and to add a new Chapter 11 "Shoreline Management" as set forth in Exhibit A, attached hereto. Section 5. FWRC Amendments Adoption. Title 15 FWRC is hereby repealed in its entirety and is hereby replaced by a new Title 15 as set forth in Exhibit B, attached hereto. Section 6. Amendment Authority. The adoption of the SMP, Comprehensive Plan and FWRC amendments in Sections 3 through 5 above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to chapter 19.80 FWRC. Section 7. 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 invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 8. Savings Clause. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011 shall remain in full force and effect until these amendments become operative upon the effective date of this ordinance. Ordinance No. 11- Page 5 of 6 Rev 1/10 CP Section 9. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 10. Effective Date. This ordinance shall take effect and be in force fourteen (14) days after Ecology's final action approving the SMP Update, as provided by law. PASSED by the City Council of the City of Federal Way this day of 2011. CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, 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.: Ordinance No. H - Page 6 of 6 Rev 1/10 CP CHAPTER ELEVEN - SHORELINE MASTER PROGRAM 11.0 Purpose and Responsibility Washington's Shoreline Management Act, Chapter 90.58 RCW (SMA), was passed by the State Legislature in 1971 and adopted by the public in a referendum. The SMA was created in response to a growing concern among residents of the state that serious and permanent damage was being done to shorelines by unplanned and uncoordinated development. The goal of the SMA is, "...to prevent the inherent harm in an uncoordinated and piecemeal development of the state's shorelines." The overarching SMA policy is to manage shorelines of the state by planning for and supporting reasonable and appropriate uses while protecting against adverse impacts to public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life. The primary responsibility for administering the SMA is assigned to local governments through the mechanism of Shoreline Master Programs (SMP), adopted under guidelines established by the Washington State Department of Ecology ("Ecology"). The Ecology guidelines (WAC 173-26) establish goals, policies, and standards. Local SMPs contain goals and policies, maps, regulations and development standards, and permitting procedures consistent with the SMA and Ecology guidelines. The SMP is required to protect shorelines as a statewide resource while also being tailored to the specific conditions and needs of individual communities. The SMP is also meant to be a comprehensive vision of how the shoreline area will be used and developed over time. According to Substitute Senate Bill (SSB) 6012, passed by the 2003 Washington State Legislature, cities within King County are required to amend their local SMPs consistent with Ecology's revised guidelines. The required update process also provides cities with an opportunity to incorporate the changes in the physical shoreline conditions (including annexations) and integrate current technical and scientific information into the SMP. At the time of incorporation in 1990, the City of Federal Way ("City") adopted King County's Shoreline Master Program (SMP). The City developed and adopted its own SMP in 1998 that integrated the SMP into the Federal Way Comprehensive Plan (FWCP). In 1999, the City adopted associated development regulations for the shoreline. As of January 2005, newly annexed areas included the eastern shore of North Lake and the northwestern shore of Lake Killarney. All of the lakes within the City's potential annexation area (PAA) are governed by county shoreline regulations. The goals and policies contained in the SMP are incorporated into the FWCP within this Shoreline Master Program chapter. Development regulations contained in the SMP are incorporated in the Federal Way Revised Code (FWRC) Title 15, Shoreline Management. gXHIBIT-, OE? FWCP — Chapter Eleven, Shoreline Master Program 11.1 Shoreline Jurisdiction Under the SMA, the shoreline jurisdiction includes waters that have been designated as "shorelines of statewide significance" or "shorelines of the state" and adjacent lands or "shorelands." Shoreline jurisdiction includes all the designated water bodies and the land underlying them, plus their associated shorelands, which includes land extending landward for two hundred feet in all directions from the ordinary high water mark (OHWM), floodways, and contiguous floodplain areas landward 200 from those floodways, and all wetlands and river deltas associated with the streams, lakes, and tidal waters subject to the SMA. These designations were established in. 1972, and are described in the SMA (RCW 90.58.030[21). Generally, "shorelines of statewide significance" include portions of Puget Sound and other marine waterbodies; rivers west of the Cascade Range that have a mean annual flow of 1,000 cubic feet per second (cfs) or greater; rivers east of the Cascade Range that have a mean annual flow of 200 cfs or greater; and freshwater lakes with a surface area of 1,000 acres or more. "Shorelines of the state" are generally described as all marine shorelines and shorelines of all other streams or rivers having a mean annual flow of 20 cfs or greater and lakes with a surface area greater than 20 acres. The shoreline jurisdiction within the city limits of the City of Federal Way encompasses approximately 16.9 miles of shoreline. It includes all of the Puget Sound shoreline in Federal Way (about 4.8 miles), including areas waterward of the OHWM which extend to the line of extreme low tide. Approximately 12.1 miles of shoreline are found along freshwater lakes. The lakes currently within the city limits are: • Steel Lake; • The northwestern shore of Lake Killarney; and • North Lake. There are no rivers or streams meeting the definition of "shorelines of the state" within the City or its annexation area. However, streams such as Joe's Creek and Lakota Creek discharge to the Puget Sound shoreline. The mouths of these streams and the upstream extent of tidal influence are considered under shoreline jurisdiction because of their association with the Puget Sound shoreline. Five freshwater lake shorelines are located in the City's PAA and are included in this master program update; these include Star Lake, Lake Dolloff, Lake Geneva, the remaining portion of Lake Killarney, and Five Mile Lake. The portions of Puget Sound within the city limits waterward of the line of extreme low tide are defined as "shorelines of statewide significance" (RCW 90.58.030[2][e][iii]). Under the SMA, the shoreline area to be regulated under the City's SMP must include marine waters, lakes, and shorelands, defined as the upland area within 200 feet of the OHWM, as well as any associated wetlands (RCW 90.58.030). The shoreline jurisdiction of the City of Federal Way is shown in Map XI -1 (maps are at the end of the chapter). EXHIBIT 2011 -"" FWCP — Chapter Eleven, Shoreline Master Program 11.2 Compliance in Federal Way The SMA establishes a cooperative program of shoreline management between local government and the state. The state's primary role is to support local government and provide assistance, as well as reviewing some shoreline permits and reviewing and approving amendments to local SMPs. The SMA requires three primary tasks to be fulfilled by local governments: 1. Compilation of a comprehensive inventory that includes a survey of natural characteristics, present land uses, and patterns of property ownership; 2. Development of a master program to provide an objective guide for regulating the use of shorelines, consistent with the SMA (RCW 90.58) and its provisions, including the SMP guidelines (Chapter 173-26 WAC) and shoreline permitting and enforcement procedures (Chapter 173-27 WAC); and 3. Administration of a shoreline permit system for proposed substantial development and regulated uses in designated water bodies and on their associated shorelands. In compliance with the first requirement of the SMA, the City completed a comprehensive inventory of natural characteristics, functions and values of resources, existing land use, and ownership patterns along the City's shorelines (Section 2 of the Shoreline Master Program — Shoreline Inventory). This inventory was completed in August 2006 and finalized in June 2007. The second requirement of the SMA was met by the City with the help of local citizens and stakeholders, who assisted in developing goals and policies, which form the foundation for the SMP. 11.3 Public Involvement To conduct the SMP update, City staff and ESA Adolfson prepared draft components of the City's SMP, worked with a Citizen's Advisory Committee (CAC), sought review from a Technical Advisory Committee (TAC), and presented findings to the Planning Commission and the City Council Land Use/Transportation Committee (LUTC). At the start of the project in February 2006, a Public Participation Plan was developed and used as a guide during the SMP update. A public Open House was held on June 7, 2006, to introduce the process to the public and shoreline residents. The Open House was advertised with direct mailings to all shoreline owners as well as public notices on the City's website. Six meetings were held with the CAC between July and December 2006. Citizen comment was integrated into the shoreline inventory, shoreline environment designations, and goals & policies section of the SMP. Technical documents were routed to the TAC, including Ecology staff, for review and comment. Other agencies involved in the process included Washington Department of Fish and Wildlife, Washington Department of Natural Resources, King County, neighboring cities, and the Tribes. EXHIBIT 2011 PAG 2 FWCP — Chapter Eleven, Shoreline Master Program Three meetings were held with the Planning Commission to present findings and discuss recommendations. The Planning Commission meetings were held on February 14, March 28, and April 4, 2007. A public hearing was held during the April 4, 2007 meeting. Approximately 20 citizens testified either at the public hearing or during public testimony during the March 28`h Planning Commission meeting. Additional public comment was taken and response given during the LUTC meeting on May 21, 2007. The City Council passed the SMP by resolution on June 5, 2007. In July of 2007, the Council -approved SMP was submitted to Ecology for review and comment. The City of Federal Way received official Ecology review comments in January 2009. City staff, ESA Adolfson, and Ecology staff worked collaboratively to prepare draft revisions to the SMP that responded to the official Ecology comments. Former members of the SMP CAC, TAC, shoreline property owners, public agencies, and other parties of interest were notified of the availability of the revised SMP documents. On August 4, 2010, a public information meeting was conducted to discuss the revisions to the SMP. 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. The LUTC considered the revisions on October 5, 2010, and forwarded a recommendation to approve the proposed revisions with a few minor modifications. The City Council passed the revised SMP by resolution on October 19, 2010. A programmatic environmental checklist was prepared for the SMP Update. Pursuant to the State Environmental Policy Act (SEPA), the City's SEPA Official issued a Determination of Nonsignificance (DNS) on March 31, 2007. The public comment period was open on the DNS for approximately 30 days. The appeal period expired on April 28, 2007. 11.4 Relationship to City Code The set of shoreline goals and policies in this chapter provide the foundation and framework on which the balance of the master program has been based. The policies contained herein are enforced through FWRC Title 15, "Shoreline Management," and any other applicable sections of the FWRC. Article H of FWRC Chapter 15.05 includes all of the shoreline regulations that enforce the goals and policies of the SMP. The following is a list of the primary subsections of Chapter 15.05, Article H. These sections are listed here to illustrate how the SMP goals and policies are linked to the regulatory document. Chapter 15.05 (Shoreline Management), Article II (Shoreline Regulation) • Section 15.05.040 — General development standards. Provides standards consistent with the Conservation and Restoration, Historic and Cultural Resources, and Public Access and Recreation elements of this Chapter. This section of Article H adopts Critical Areas and Flood Damage Reduction regulations (as Chapter 15.10 and Chapter 15.15 of Title 15). EXHIBIT 20„a oft= F 2 FWCP — Chapter Eleven, Shoreline Master Program • Section 15.05.050 — Shoreline modifications. Provides standards specific to shoreline modifications consistent with the Shoreline Use and Conservation and Restoration elements of this Chapter. • Section 15.05.060 — Environment designations. Introduces the system of environment designations, consistent with the Shoreline Environments section of this Chapter. • Section 15.05.070 — Summary of Uses, Approval Criteria and Process. Provides a graphical summary of the use and development regulations detailed in other sections of Article IL • Section 15.05.080 — Shoreline residential environment. Provides regulations specific to the shoreline residential environment, consistent with the goals and policies for the shoreline residential environment within this Chapter. • Section 15.05.090 — Urban conservancy environment. Provides regulations specific to the urban conservancy environment, consistent with the goals and policies for the urban conservancy environment within this Chapter. • Section 15.05. 100 —Natural environment. Provides regulations specific to the natural environment, consistent with the goals and policies for the natural environment within this Chapter. 11.5 Shoreline Use Element This element addresses the distribution, location, and extent of use of shorelines and adjacent areas for housing, recreation, transportation, office, public buildings, utilities, education, and other uses. The shorelines in Federal Way are more widely used for residential purposes than for any other use. Much of the undeveloped shoreline is privately owned, subdivided into small lots, and zoned to permit residential development. Goal SMPGI Shoreline areas shall permit a variety of development types in accordance with the FWRC, FWCP, and Shoreline Master Plan designations. Designs, densities, and locations for all allowed uses and developments should consider physical and natural features of the shoreline and prevent a net loss of shoreline ecological functions. Policies SMPP1 Shoreline land and water areas particularly suited for specific and appropriate uses should be designated and reserved for such uses. SMPP2 Shoreline land and water uses should satisfy the economic, social, and physical needs of the regional population, but should not lead to a net loss EXHIBIT MAt^C�OF 2� 2011 r FWCP — Chapter Eleven, Shoreline Master Program ecological functions in the shoreline areas. SMPP3 Like or compatible shoreline uses should be clustered or distributed in a rational manner, rather than allowed to develop haphazardly. SMPP4 Multiple uses of shoreline should be encouraged where location and integration of compatible uses or activities are feasible. SMPPS Shoreline ecological functions should be protected from uses or activities that will have an adverse effect on them. SMPP6 Non-residential uses or activities that are not shoreline dependent should be encouraged to locate or relocate away from the shoreline. SMPP7 Federal Way should consider the goals, objectives, and policies of the SMP in all land use management decisions regarding the use or development of adjacent uplands where such use or development may have an adverse effect on designated shorelines. SMPP8 Development should be regulated accordingly in shoreline areas known to contain development hazards or which would adversely impact designated critical areas as identified in FWRC Title 15. a. All development should be prohibited within the 100 -year floodplain, except single-family residential and water -dependent or water -related uses. b. All development should be prohibited in shoreline areas of severe or very severe landslide hazard. c. All development should be regulated in shoreline areas with slopes of 40 percent or greater. d. Shoreline areas containing other potential hazards (e.g., geological conditions, unstable subsurface conditions, erosion hazards, or groundwater or seepage problems) should be regulated as necessary to avoid unsafe development and disturbance of sensitive areas. SMPP9 Promote respect of private property rights while implementing SMA requirements. Goal SMPG2 Residential use ofshoreline areas should be continued and encouraged in areas that have not been designated as Natural environments by the SMP, allowing a variety of housing types. New development or redevelopment of residential uses should cause no net loss of shoreline ecological function as identified in the SMP's Shoreline Inventory Characterization and Analysis. Policies SMPP10 Residential developments should be designed to achieve no net loss of EXHIBIT 2011 FAUE=OF. 2( FWCP — Chapter Eleven, Shoreline Master Program shoreline ecological functions and minimize interference with visual and physical access. Unavoidable impacts to the shoreline environment from residential development should be mitigated to assure no net loss of shoreline ecological functions. a. Residential development in designated critical areas or their associated buffers should be regulated as required by the City's SMP regulations. b. Residential development on piers or over water is prohibited. c. Landfill for residential development that reduces water surface or floodplain capacity shall not be permitted. d. In residential developments, the water's edge should be kept free of buildings and fences. e. Development standards should require the retention of natural shoreline vegetation and other natural features of the landscape to the greatest extent possible during site development and construction. SMPP11 Residential use of shorelines should not displace or encroach upon areas that have existing or are designated as supporting water -dependent shoreline uses. SMPP12 Residential densities should be determined with regard for the physical capabilities of the shoreline areas and public services requirements and include the following considerations: a. Subdivisions and new development should be designed to adequately protect aesthetic characteristics of the water and shoreline environment. b. New residential development should only be allowed in those shoreline areas where the provision for sewage disposal and drainage ways are of such a standard that adjoining water bodies would not be adversely affected by pollution or siltation. c. Residential development along shorelines should be setback from the ordinary high water mark far enough to make unnecessary such protective measures as filling, bulk heading, construction groins, or jetties, or substantial re -grading of the site. d. Residential developments should be designed to enhance the appearance of the shoreline and not substantially interfere with the views from public property or access to the water. e. The shoreline ecosystems, processes, and functions identified in the Shoreline Inventory and Characterization should be considered when determining standards for residential development patterns within the shoreline environment. SMPP13 Residential subdivisions in shoreline areas should provide public pedestrian access to the shorelines within the development in accordance with the public access and recreation element of this master program. SMPP14 Developers of recreational projects such as summer homes, cabins, campgrounds, and similar facilities should satisfactorily demonstrate: EXHIBIT A _ PAGE. OF Z � 2011 Xl-7 FWCP — Chapter Eleven, Shoreline Master Program a. The suitability of the site to accommodate the proposed development without adversely affecting the shoreline environment and water resources. b. Adequate provisions for all necessary utilities, including refuse disposal. Goal SMPG3 Shoreline areas designated by the FWCP and the SMP to allow for commercial development shall permit a variety of commercial and office park development types. New development or expansion of existing commercial and office uses should result in no net loss of shoreline ecological functions. Policies SMPP15 Consideration should be made of the effect a structure will have on scenic value, and when feasible, should include opportunities for public access to shoreline areas. SMPP16 Commercial and office structures and ancillary facilities that are not shoreline dependent or water -oriented should be setback from the water's edge and designed to avoid adverse impacts to shoreline ecological functions. SMPP17 The use of porous materials and other low impact development design alternatives should be encouraged for paved areas to allow water to penetrate and percolate into the soil. Use of holding systems should be encouraged to control the runoff rate from parking lots and rooftops. SMPP18 Commercial and office development located within shoreline areas should be constructed to withstand normal rain and flooding conditions without contributing pollution to the watercourse or shoreline. State and local best management practices should be implemented to protect the natural shoreline environment from impacts associated with stormwater runoff. SMPP19 Commercial and office development that is not water -dependent should provide a buffer zone of native vegetation for erosion control. SMPP20 Commercial aquaculture activities should be prohibited. Goal SMPG4 Regional and subregional utility facilities, including communications, (radio, TV, and telephone), energy distribution (petroleum products, natural gas, and electricity), water, sanitary sewers, and storm sewers should not be allowed in shoreline areas unless there is no alternative location. Design, location, construction, and maintenance of utilityfacilities must comply with the requirements of SMP regulations and other federal, state, and local laws, and result in no net loss of shoreline ecological functions. porPi� OF 2011 FWCP - Chapter Eleven, Shoreline Master Program Policies SMPP21 Utilities that could allow for growth should not be extended into or along shorelines without prior approval of such extension by the appropriate land use authority. SMPP22 Utilities located in shoreline environments inappropriate for development should not make service available to those areas. SMPP23 In developed shorelines not served by utilities, utility construction should be encouraged to locate where it can be shown that water quality will be maintained or improved. SMPP24 Federal Way should be consulted prior to, or at the time of, application for construction of regional utility facilities to be located in or along shorelines. SMPP25 Utility corridors crossing shorelines should be encouraged to consolidate and concentrate or share rights-of-way where: a. Public access or view corridors would be improved. b. Concentration or sharing would not hinder the ability of the utility systems to be installed, operated, or maintained safely. c. Water quality would be as good as or better than if separate corridors were present. SMPP26 Public access should be encouraged where rights-of-way for regional utility facilities cross shorelines in the City, and where public safety and facility security would not be compromised. SMPP27 New utility facilities should be located so as to not require extensive shoreline protection nor to restrict water flow, circulation, or navigation. SMPP28 New utility facilities and rights-of-way should be located to preserve the natural landscape and minimize conflicts with present and planned uses of the land on which they are located. SMPP29 New utility facilities and rights-of-way should be located and designed to minimize detrimental visual impacts from the water and adjacent uplands. SMPP30 New freestanding personal wireless service facilities are prohibited from locating within the shoreline environment. Goal SMPG5 Limit shoreline stabilization—which includes any action taken to reduce adverse impacts caused by current, flood, wake, or wave action—including the use of bank stabilization, rip rap, and bulk heading, to that which is EXH I E' IT z"'---- pAnr- 0 _F' ZCo 2011 FWCP - Chapter Eleven, Shoreline Master Program necessary to protect existing improvements. Policies SMPP31 Shoreline stabilization should be allowed only if it is clearly demonstrated that shoreline protection is necessary to protect existing improvements. SMPP32 Structural solutions to reduce shoreline erosion should be allowed only after it is demonstrated that nonstructural solutions, such as bioengineering or soft - shore armoring, would not be able to protect existing development. SMPP33 Planning of shoreline stabilization should encompass sizable stretches of lake or marine shorelines. This planning should consider off-site erosion, accretion, or flood damage that might occur as a result of shoreline protection structures or activities. SMPP34 Shoreline stabilization on marine and lake shorelines should not be used as a means of creating new or newly developable land. SMPP35 Shoreline stabilization structures should allow passage of ground and surface waters into the main water body. SMPP36 Shoreline stabilization should not reduce the volume and storage capacity of streams and adjacent wetlands or flood plains. SMPP37 Whenever shoreline stabilization is needed, bioengineered alternatives such as natural berms and erosion control vegetation plans should be favored over hard surfaced structural alternatives such as concrete bulkheads and sheet piles. SMPP38 The burden of proof for the need for shoreline stabilization to protect existing developments or proposed redevelopments rests on the applicant. SMPP39 Shoreline stabilization activities that may necessitate new or increased shoreline protection on the same or other affected properties where there has been no previous need for protection should not be allowed. SMPP40 New development shall be designed and located so as not to require shoreline stabilization. SMPP41 Areas of significance in the spawning, nesting, rearing, or residency of aquatic and terrestrial biota should be given special consideration in review of proposed shoreline stabilization activities. SMPP42 Shoreline stabilization activities should be discouraged in areas where they would disrupt natural feeder bluffs processes important for maintaining beaches. EXHIBIT PAGE OF 2011 w-ao FWCP — Chapter Eleven, Shoreline Master Program Goal SMPG6 Docks and moorages should be allowed when associated with residential, recreational, or other public facilities. The design, location, and construction of any dock, pier, or moorage should avoid, to the greatest extent possible, adverse effects on shoreline ecological functions. Policies SMPP43 Open pile construction should be preferred where there is significant littoral drift, where scenic values will not be impaired, and where minimal alteration to the shoreline and minimal damage to aquatic resources can be assured. SMPP44 Piers, floats, and docks should be prohibited or permitted as a conditional use where conflicts with recreational boaters and other recreational water activities would create public safety hazards. SMPP45 Where new docks are allowed, new residential development of two or more dwellings should be required to provide joint use or community dock facilities, when feasible, rather than allow individual docks for each residence. SMPP46 Temporary moorages should be permitted for vessels used in the construction of shoreline facilities. The design and construction of such moorages shall be such that upon termination of the project, aquatic habitat can be returned to original condition within one year at no cost to the environment or the public. SMPP47 Shoreline structures that are abandoned or structurally unsafe should be removed. SMPP48 Docks, buoys, and other moorages should only be authorized after consideration of a. The effect such structures have on wildlife and aquatic life, water quality, unique and fragile areas, submerged lands, and shoreline vegetation. b. The effect such structures have on navigation, recreational and commercial boating, shoreline access, and scenic and aesthetic values. c. The effect such structures have on water circulation, sediment movement, and littoral drift. SMPP49 Moorage buoys should be preferred over moorage piles on all tidal waters. EXHIBIT Q PAGE k\ OF_ 2� 2011 A-11 FWCP — Chapter Eleven, Shoreline Master Program 11.6 Public Access and Recreation Element 2011 This element addresses the preservation and expansion of all types of public access and recreational opportunities through programs of acquisition, development, and various means of less -than -fee acquisition. Goal SMPG7 Increase public access to and enjoyment of shoreline areas through improvements to physical access on publicly owned lands and improved visual access, provided that private rights, public safety, and shoreline ecological functions remain intact. Policies SMPP50 Development of public access should respect and protect private rights that are held on shoreline property. SMPP51 Public access should be maintained and regulated. a. Public access should be policed and improved consistent with intensity of use. b. Provisions to restrict access as to nature, time, number of people, and area may be appropriate for public pedestrian easements and other public access areas where there are spawning grounds, fragile aquatic life habitats, or potential hazards for pedestrian safety. SMPP52 Design of access should provide for the public health, safety, and enjoyment. a. Appropriate signs should be used to designate publicly owned shorelines. b. Pedestrian and non -motorized physical and visual access to the shoreline should be encouraged. c. Public access to and along the water's edge should be made available in publicly owned shorelines in a manner that protects shoreline ecological functions. SMPP53 Acquisition and development of new shoreline public access locations should be consistent with overall parks and open space planning goals and policies. a. Acquisition and development of shoreline properties should be consistent with criteria and standards as part of an overall park and open space master plan., b. Where appropriate, utility and transportation rights-of-way on the shoreline should be made available for public access and use, consistent with the shoreline use and circulation element policies. c. Where appropriate, publicly -owned street ends that abut the shoreline should be retained and/or reclaimed for public access, consistent with the MAGE FWCP — Chapter Eleven, Shoreline Master Program . circulation element policies. d. Shoreline recreational facilities and other public access points should be connected by trails, bicycle pathways, and other access links where possible. SMPP54 Public access should be provided in new shoreline developments. a. Incentives should be used to encourage private property owners to provide public shoreline access. b. Public pedestrian easements should be considered in future land use authorizations, and in the case of projects along lakes, streams, ponds, and marine lands, whenever shoreline features are appropriate for public use. Shorelines of the City characterized by the following should be considered for pedestrian easements: 1. Areas of significant, historical, geological, and/or biological features and landmarks. 2. Areas presently being legally used, or historically having been legally used, by the public along the shoreline for access. 3. Where public funds have been expended on or related to shoreline developments. SMPP55 Shorelines in the City should be available to all people for passive use, visual access, and enjoyment. a. The City should preserve and provide publicly accessible viewpoints, lookouts, and vistas of shorelines. b. New developments should minimize visual and physical obstruction of the water from adjacent roads and public properties. SMPP56 Physical and/or visual access to the water should use steep slopes, view points from bluffs, stream valleys, and features of special interest where it is possible to place pathways consistent with public safety and without requiring extensive flood or erosion protection. Goal SMPG8 Provide additional shoreline dependent and water oriented recreation opportunities that are diverse, convenient, and adequate for the regional population, and that will not result in a net loss of shoreline ecological functions. Policies SMPP57 Areas containing special shoreline recreation qualities not easily duplicated should be available for public use and enjoyment. a. Opportunities should be provided for the public to understand natural shoreline processes and experience natural resource features. EXHIBIT -A 2011 FWCP - Chapter Eleven, Shoreline Master Program b. Public viewing and interpretation should be encouraged at or near governmental shoreline facilities when consistent with security and public safety. SMPP58 Shoreline recreational use and development should enhance environmental quality with minimal adverse effect to natural resources. a. Stretches of relatively inaccessible and unspoiled shoreline should be available and designated as low intensity or passive recreational use areas with minimal development. Service facilities such as footpaths, periphery parking, and adequate sanitary facilities should only be located where appropriate, considering both public safety and preservation of shoreline ecological functions. b. Beaches and other predominantly undeveloped shorelines currently utilized for recreational purposes should be available and designated as medium intensity recreational use areas to be free from expansive development; intensity of use should respect and protect the natural qualities of the area. c. Small or linear portions of the shoreline suitable for recreational purposes should be available and designated as transitional use areas that allow for variable intensities of use, which may include vista points, pedestrian walkways, water entry points, and access from the water, utilizing stream floodplain, street ends, steep slopes, and shoreline areas adjacent to waterfront roads. d. At suitable locations, shorelines should be made available and designated as high intensive use areas that provide for a wide variety of recreational activities. e. Overall design and development in shoreline recreational areas should be sensitive to the physical site characteristics and be consistent with the level of use in the area concerned. f. Recreation areas and ancillary facilities on or adjacent to the shoreline should have adequate surveillance and maintenance. g. Non -water oriented recreational facility development should be setback from the water's edge, except where appropriate in high intensive shoreline use areas. SMPP59 The provision of adequate public shoreline recreation lands should be based on an acquisition plan that is consistent with overall goals for enhancing public access to the City's shorelines. SMPP60 Existing buildings that enhance the character of the shoreline should be incorporated into recreation areas wherever possible. SMPP61 A balanced variety of recreational opportunities should be provided for people of different ages, health, family status, and financial ability. a. Shoreline recreation areas should provide opportunities for different use EXHIBIT -44 2011 PAGE FWCP — Chapter Eleven, Shoreline Master Program intensities ranging from low (solitude) to high (many people). b. Opportunities for shoreline recreational experiences should include developing access that accommodates a range of differences in people's physical mobility, capabilities, and skill levels. c. Recreational development should meet the demands of population growth consistent with the carrying capacity of the land and water resources. Goal SMPG9 Recreational experiences that depend on, or utilize, the shoreline (including: harvesting activities offish, shellfish, fowl, minerals, and driftwood; various forms of boating, swimming, and utilization ofshoreline pathways; and watching or recording activities, such as photography, painting, or the viewing of water dependent activities) shall be encouraged within parks and other public access areas, given they do not result in a net loss ofshoreline ecological functions and are allowed uses under state and local regulations. Policies SMPP62 Underwater parks should be extensions of shoreline parks, and whenever possible, be created or enhanced by artificial reefs where natural conditions or aquatic life could be observed with minimal interference. SMPP63 During storm events, hazardous conditions, or emergencies, temporary use of public recreational shoreline areas by boaters should be allowed. SMPP64 Prime fishing areas should be given priority for recreational use. SMPP65 Recreational shellfish harvesting should be allowed on public beaches subject to rules, regulations, and periodic closures by Washington Department of Health and/or Washington Department of Fish and Wildlife. SMPP66 Boating activities that increase shore erosion should be discouraged. SMPP67 Effective interpretation should be provided to raise the quality of visitor experiences and provide an understanding of aquatic and shoreline resource. 11.7 Conservation and Restoration Element This element promotes and encourages the conservation of natural shoreline resources and shoreline ecological functions, considering but not limited to, such characteristics as scenic vistas, parks and open space, fish and wildlife habitat, beaches, feeder bluffs, estuaries, and other valuable natural or aesthetic features. Additionally, this element promotes and encourages restoration of shoreline functions and ecological processes that have been impaired as a result of past development activities. EXHIBIT --A------ 20112- --� XI -15 G FWCP - Chapter Eleven, shoreline Master Program 2011 Goal SMPG10 Preserve and protect the ecological functions of intact natural shorelines and ecologically sensitive shorelines as outlined within the shoreline inventory and characterization. Policies SMPP68 Manage designated critical areas in the shoreline --such as critical aquifer recharge areas and wellhead protection areas, frequently flooded areas, geologically hazardous areas, regulated wetlands, and streams—according to measures provided in this SMP. These include shoreline environment designations, allowed uses, development standards and regulations, and mitigation for unavoidable impacts. They should also be consistent with the policies contained in FWCP Chapter 9, "Natural Environment." SMPP69 Develop standards, buffers, and mitigation requirements for designated critical areas in the shoreline consistent with city-wide regulations. Goal SMPG11 Assure preservation of unique and non-renewable natural resources and assure conservation of renewable natural resources for the benefit of existing and future generations and the public interest. Policies SMPP70 All new development and activity in or adjacent to shoreline areas should be designed, constructed, and operated as to avoid significant adverse impacts to ground or surface water quality. Use of state and local best management practices and guidance should be implemented to avoid significant adverse impacts to water quality. SMPP71 Shorelines that are of unique or valuable natural character should be considered for acquisition. Subsequent management of such areas should protect or enhance shoreline ecological functions. SMPP72 Protection and conservation of vegetation within shoreline areas should be managed through implementation of setback, clearing and grading, and mitigation standards for development activity. SMPP73 Resource conservation should be an integral part of shoreline planning. All future shoreline development should be planned, designed, and sited to minimize adverse impact upon the natural shoreline environment and ecological functions. SMPP74 Scenic and aesthetic qualities and ecological functions of EXHIBIT A PAGE tk -20 �� FWCP — Chapter Eleven, Shoreline Master Program 2011 shorelines should be recognized and preserved as valuable resources. a. When appropriate, natural flora and fauna should be preserved. b. In shoreline areas, the natural topography should not be substantially altered. c. Shoreline structures should be sited and designed to minimize view obstruction and should be visually compatible with the shoreline character. d. Wildlife and aquatic habitats, including spawning grounds, should be protected. SMPP75 Resources should be managed to enhance the environment and prevent a net loss of shoreline ecological functions. a. Shoreline in -water and over -water activities and development should be planned, constructed, and operated to minimize adverse effects on the natural processes of the shoreline, and should maintain or enhance the quality of air, soil, natural vegetation, and water on the shoreline. b. Use or activity which substantially degrades the natural resources or ecological functions of the shoreline should not be allowed without mitigation as required by SMP regulations and FWRC Title 14, "Environmental Policy." SMPP76 Critical salmonid habitats, including saltwater and freshwater habitat used by Pacific salmonid species, support valuable recreational and commercial fisheries and should be protected for their importance to the aquatic ecosystem, as well as state and local economies. a. Non -water -dependent and non -water -related uses, activities, structures, and landfills should not be located in critical salmonid habitats. b. Where uses, activities, structures, and landfills must locate in critical salmonid habitats, impacts on these areas should be lessened to the maximum extent possible. Significant unavoidable impacts should be mitigated by creating in-kind replacement habitat near the project where feasible. Where in-kind replacement mitigation is not feasible, rehabilitation of out -of -kind or off-site degraded habitat should be required. Mitigation proposals should be developed in consultation with the City, the State Department of Fish and Wildlife, and any affected Indian Nations. c. Development that is outside critical salmonid habitats that has the potential to significantly affect said habitats should be located and designed as to not create significant negative impacts to said habitats. d. Whenever feasible, bioengineering should be used as the bank protection technique for all streams considered to have critical salmonid habitat. e. Whenever feasible, open pile bridges should be used for all water crossings over areas considered critical salmonid habitat. f. Impervious surfaces should be minimized in upland developments to reduce stormwater runoff peaks. Structures and uses creating significant impervious surfaces should include stormwater detention systems to EXH1BI 1 � - ,i- - PAGE�.--",�F 2� FWCP — Chapter Eleven, Shoreline Master Program reduce stormwater runoff peaks. g. The discharge of silt and sediments into waterways shall be minimized during in -water and upland construction. h. Adopt -A -Stream programs and similar efforts to rehabilitate critical salmonid habitats should be encouraged. i. Fishery enhancement projects should be encouraged where they will not significantly interfere with other beneficial uses. j. Project proponents should contact the Habitat Division of the State Department of Fish and Wildlife and affected Indian Nations early in the development process to determine if the proposal will occur in or adjacent to critical salmonid habitat. k. When reviewing permits for uses, activities, and structures proposed in, over, or adjacent to marine waters, streams, wetlands, ponds connected to streams, or any other shoreline area, City staff should contact the Habitat Division of the State Department of Fish and Wildlife to determine if the proposal will occur in or affect any adjacent critical habitats. Staff should also contact affected Indian Nations. SMPP77 Use the City's established permit tracking program to periodically evaluate the effectiveness of the SMP for achieving no net loss of shoreline ecological functions with respect to shoreline permitting and exemptions. Prepare an evaluation report every seven years when the SMP is required to be updated under RCW 90.58.080(4). Goal SMPG12 Develop regional solutions with other jurisdictions, tribes, and interested parties to resolve the challenge of protecting shoreline ecological functions, while also managing shoreline developments. Policies SMPP78 Continue work with the State, King County, Watershed Resource Inventory Area (WRIA) 9 Steering Committee, and other governmental and non- governmental organizations to explore how local governments can contribute to the preservation and restoration of ecological processes and shoreline functions. SMPP79 Continue work with the WRIA 9 forum to restore shoreline habitats and seasonal ranges that support listed endangered and threatened species, as well as other anadromous fisheries. Goal SMPG13 Pursue projects to restore and enhance shoreline habitats and processes on publicly owned lands. EXHIBIT 2011 �� FWCP — Chapter Eleven, Shoreline Master Program Policies SMPP80 Prioritize enhancement and restoration efforts at public parks and open space lands. SMPP81 Work with owners of other publicly -owned land, such as Washington State Parks, to encourage restoration and enhancement projects, including funding strategies. SMPP82 Work with the public and other interested parties to prioritize restoration opportunities identified in Shoreline Inventory and Characterization Report and SMP Restoration Plan. SMPP83 Promote vegetation restoration, and the control of invasive weeds and nonnative species to avoid adverse impacts to hydrology, and to reduce the hazard of slope failures or accelerated erosion. SMPP84 Develop a program to implement restoration projects, including funding strategies. SMPP85 Monitor and adaptively manage restoration projects. Goal SMPG14 Encourage voluntary restoration projects on private property in degraded shoreline environments. Policies SMPP86 Create incentives that will make it economically or otherwise attractive for development proposals to integrate shoreline ecological restoration into development projects. SMPP87 Encourage protection, enhancement, or restoration of native riparian vegetation through incentives and non -regulatory programs. SMPP88 Promote bioengineering and/or soft engineering alternative design approaches to shoreline stabilization and provide technical guidance to shoreline landowners. SMPP89 Establish public education materials to provide shoreline landowners technical assistance about the benefits of native vegetation plantings. Goal SMPG15 Provide ample opportunity for the public to learn about the ecological aspects and community values of the City's shorelines. EXHIBIT i,...._. ' 2011 PAGE 9 2— FWCP — Chapter Eleven, Shoreline Master Program Policies SMPP90 Explore opportunities with other educational organizations and agencies to develop an on-going program of shoreline education for all ages. SMPP91 Identify areas where kiosks and interpretative signs can enhance the educational experience of users of the shoreline. SMPP92 Develop strategies to fund identified educational and interpretive projects. 11.8 Historic and Cultural Resources Element This element addresses identification and preservation of historic and cultural resources that are located in or associated with Federal Way's shorelines. Such resources may include historic structures or buildings, historic use or activities in the shoreline, and archaeological resources. Goal SMPG16 Identify, protect, preserve, and restore important archaeological, historical, and cultural sites located in or associated with Federal Way's shorelines for scientific and educational purposes. Policies SMPP93 Manage cultural and historic resources in the shoreline consistent with city- wide policies for treatment of such resources in the FWCP. SMPP94 Recognize that shoreline areas are of moderate to high probability for archaeological resources and require appropriate review and site investigation for proposed development or modifications. 11.9 Circulation Element 2011 This element deals with the location and extent of existing and proposed thoroughfares, transportation routes, and other public facilities; and coordinating those facilities with shoreline uses. Goal SMPG17 Circulation systems in shoreline areas should be limited to those that are shoreline dependent or would serve shoreline dependent uses, or those that PAGEqQ 20E 2� FWCP — Chapter Eleven, Shoreline Master Program must pass through shoreline areas. The environment shall be protected from any significant adverse effects of circulation systems required in shoreline areas. Policies SMPP95 New surface transportation development should be designed to provide the best possible service with the least possible infringement upon shoreline areas. a. New transportation facilities and improvements to existing facilities that substantially increase levels of air, noise, odor, visual, or water pollution should be discouraged, unless benefits of the facility outweigh costs. b. Transportation corridors should be designed to harmonize with the topography and other natural characteristics of the shoreline through which they traverse. c. New surface transportation facilities in shoreline areas should be set back from the ordinary high water mark far enough to make unnecessary such protective measures as rip -rap or other bank stabilization, landfill, bulkheads, groins, jetties, or substantial site regrade. d. New transportation facilities crossing lakes, streams, wetlands, or other critical areas should be encouraged to locate in existing corridors, except where any adverse impact can be minimized by selecting an alternate corridor. e. Shoreline circulation systems should be adaptable to changes in technology. SMPP96 Circulation systems should be located and attractively designed so as not to unnecessarily or unreasonably pollute the physical environment, or reduce the benefits people derive from their property. a. Motorized vehicular traffic on beaches and other natural shoreline areas shall be prohibited. b. Transportation facilities providing access to shoreline developments should be planned and designed in scale and character with the use proposed. c. New transportation facilities should minimize total impervious surface area by generally being oriented perpendicular to the shoreline where topographic conditions will allow. SMPP97 Circulation systems should be designed to enhance aesthetic experiences through creating shoreline vista and access points and encouraging alternative modes of transportation. SMPP98 New transportation developments in shoreline areas should provide turnout areas for scenic stops and off road rest areas where the topography, view, and natural features warrant, consistent with the public access and recreation policies. .s -®E L t 2011 P FWCP — Chapter Eleven, Shoreline Master Program SMPP99 Shoreline roadway corridors with unique or historic significance, or of great aesthetic quality, should be retained and maintained for those characteristics. SMPP100 Shoreline circulation routes should provide for non -motorized means of travel and should incorporate multimodal provisions where public safety can be assured. SMPP101 The existing system of pedestrian ways, bikeways, and equestrian ways in the City should be extended to provide safe access to public parks located on the shoreline. SMPP102 Shoreline roadways should have a high priority for arterial beautification funds. SMPP103 Regionally significant pedestrian and bicycle facilities and amenities along shoreline circulation routes should be pursued in partnership with other agencies. SMPP104 Pedestrian access should be built where access to public shorelines is desirable and has been cut off by linear transportation corridors. New linear facilities should enable pedestrian access to public shorelines where access is desirable. SMPP105 Transportation and utility facilities should be encouraged to coordinate joint use of rights-of-way and to consolidate crossings of water bodies when doing so can minimize adverse impact to the shoreline. 11.10 Shoreline Environments Intent In order to more effectively implement the goals, objectives, and policies of this master program and the SMA, the shorelines of the state within Federal Way have been categorized into three separate environment designations. The purpose of these designations is to differentiate between areas whose geographical features, ecological functions, and existing development pattern imply differing objectives regarding their management, use, and future development. Each environment represents a particular emphasis in the type of uses and the extent of development that should occur within it. The system is designed to encourage uses in each environment, which enhance the character of the environment while at the same time requiring reasonable standards and restrictions on development so that the character of the environment is not destroyed. The determination as to which designation should be given to any specific shoreline area has been based on, and is reflective of, the existing development pattern; the biophysical capabilities and limitations of the land; and the goals and aspirations of the local citizenry. E BI%__-�------, 2011 PAGEJ� OF 2_..�. FWCP — Chapter Eleven, Shoreline Master Program 2011 Each environment designation includes: (1) a purpose statement which clarifies the meaning and intent of the designation; (2) criteria to be used as a basis for classifying a specific shoreline area with that environment designation; and (3) detailed management policies designed to guide management decisions and development consistent with the character of the environment. Shoreline Residential Purpose The purpose of the "Shoreline Residential" environment is to accommodate residential development and appurtenant structures that are consistent with SMP Guidelines—WAC 173-26-211(5)0. An additional purpose is to provide appropriate public access and recreational uses. Criteria The Shoreline Residential environment designation is assigned to shoreline areas inside the City of Federal Way and the City's Potential Annexation Area (PAA) if the areas are predominantly single-family or multi -family residential development, or are planned and platted for residential development. Management Policies 1. Residential uses shall be the primary use. Development and redevelopment activities shall be focused within already developed areas. 2. Standards shall be developed and implemented for density or minimum frontage width, setbacks, lot coverage limitations, buffers, shoreline stabilization, vegetation conservation, critical area protection, and water quality. These standards shall ensure that new development does not result in a net loss of shoreline ecological functions or further degrade other shoreline values, taking into account the environmental limitations and sensitivity of the shoreline area, the level of infrastructure and services available, and other comprehensive planning considerations. 3. Multi -family and multi -lot residential and recreational developments shall provide public access and joint use for community recreational facilities. 4. All residential development shall occur in a manner consistent with the policies listed under SMPG2 of the shoreline use element. Urban Conservancy Purpose The purpose of the "Urban Conservancy" environment is to protect and restore ecological functions of open space, flood plain, and other sensitive lands where they exist in urban and developed settings, while allowing a variety of compatible uses. ,T PAGE_. -.®F. FWCP —Chapter Eleven, Shoreline Master Program 2011 Criteria The Urban Conservancy environment designation is assigned to shoreline areas appropriate and planned for development that are compatible with maintaining or restoring the ecological functions of the area that are not generally suitable for water -dependent high- intensity uses. The Urban Conservancy environment is applied to shorelines if any of the following characteristics apply: 1. They have open space, flood plain, or other sensitive areas that should not be more intensively developed; 2. They have potential for ecological restoration; 3. They retain important ecological functions, even though partially developed; or 4. They have the potential for development that is compatible with ecological restoration. Management Policies 1. Residential, recreational, commercial, and public facility uses should be allowed, provided they preserve the natural character of the area or promote preservation of open space, flood plain, bluffs, or sensitive lands either directly or over the long term. Water -oriented uses should be given priority over non -water -oriented uses. For shoreline areas adjacent to commercially navigable waters, water -dependent uses should be given highest priority. Uses that result in restoration of ecological functions should be allowed if the use is otherwise compatible with the purpose of the environment and the setting. 2. Standards should be developed and implemented for management of environmentally sensitive or designated critical areas to ensure that new development does not result in a net loss of shoreline ecological functions, or further degrade other shoreline values. Development standards should be developed and implemented for density or minimum frontage width, setbacks, lot coverage limitations, buffers, shoreline stabilization, vegetation conservation, critical area protection, and water quality. 3. Public access and public recreation objectives should be implemented whenever feasible and significant ecological impacts can be mitigated. 4. To enhance the waterfront and ensure maximum public use, commercial or office facilities should be designed to permit pedestrian waterfront activities* consistent with public safety, security, and protection of shoreline ecological functions. 5. Aesthetic considerations should be actively promoted by means of sign control regulations, architectural design standards, landscaping requirements, and other such means. E�;HIBIT PAGE" .OF?� FWCP — Chapter Eleven, Shoreline Master Program Natural Purpose The purpose of the "Natural" environment is to protect those shoreline areas that are relatively free of human influence, or that include intact or minimally degraded shoreline functions intolerant of human use. These systems require that only very low intensity uses be allowed in order to maintain the ecological functions and ecosystem -wide processes. Consistent with the policies of the designation, the City of Federal Way should include planning for restoration of degraded shorelines within this environment. Criteria A Natural environment designation should be assigned to shoreline areas if any of the following characteristics apply: (A) the shoreline is ecologically intact and therefore, currently performing an important, irreplaceable function or ecosystem -wide process that would be damaged by human activity; (B) the shoreline is considered to represent ecosystems and geologic types that are of particular scientific and educational interest; or (C) the shoreline is unable to support new development or uses without significant adverse impacts to ecological functions or risk to human safety. Management Policies 1. Any use that would substantially degrade the ecological functions or natural character of the shoreline area shall not be allowed. 2. The following new uses shall not be allowed in the Natural environment: • Commercial uses; • Industrial uses; • Non -water -oriented recreation; and • Roads, utility corridors, and parking areas that can be located outside of the Natural designated shorelines. 3. Single-family residential development may be allowed as a conditional use if the density and intensity of such use is limited as necessary to protect ecological functions and be consistent with the purpose of the environment. 4. Scientific, historical, cultural, educational research uses, and low -intensity water - oriented recreational access uses may be allowed provided that no significant ecological impact on the area will result. New development or significant vegetation removal that would reduce the capability of vegetation to perform normal ecological functions should not be allowed. Do not allow the subdivision of property in a configuration that, to achieve its intended purpose, will require significant vegetation removal or shoreline modification that adversely impacts ecological functions. That is, each new parcel must be able to support its intended development without significant ecological impacts to the shoreline ecological functions. EXH i X IT ! «.. 2011 X12 O .......,tom ' -... Fiit V S HOW& p V1 S BC/8 1 W10 , y `Federal "Annexation �}rysa Federal Way Shoreline Management Plan Federal Way and Its Potential Annexation Area r 3 $ p UnjncP/R4rate WaI ' -# �4 r 11 r * �.+ "'''ts''€,S.s Q ; x Xing County ti s�as fr Legend th St } Kee , Aub City of Federal Way y lake--.-; . '- og�" tk Potential Annexation Area b e St' - not iSt .x -32 h a . , r Cta�h Point -:. C] Regulated Shoreline m Slate Palk y - > urdneorporarecf Puget Sound East n S 3241 St h L tang county y N celebration (D Puget Sound - Dumas Bay s Park r , Norma d ® Puget Sound West w. sw ca a 336th s © Steel Lake N9� s Star Lake N r Ta orha ;• - -- Q Lake Dolloff rr .. t at � Q Lake Geneva m - - .- Q "a�s� yPtiPar y North Lake sw ss� 0 Lake Killarney '*�e co �< r •_ Five Mlle Lake ` . s.. tt o • ; ,r-- d °„, • aq {, h 0 0 5 1 Miles Kft tN+&tcor.d � \�, iOo "Aar ,Me�om •° - o ! �'':' ” r coomy ■ ti ,y. '' ,x un«rraw�todaMap Date: May 2006 r PfamGottx '� 6� i' r. • Fac. CITY OF Federal Way This map is accompanied by NO warranties, f and is simply a graphic representation. Sections: SECTION 5 - SHORELINE REGULATIONS (Title 15 FWRC Shoreline Management) Chapter 15.05 SHORELINE MANAGEMENT Article I. Generally 15.05.010 Purpose and authority. 15.05.020 Jurisdiction. 15.05.030 Additional definitions. Article 11. Shoreline Regulation 15.05.040 General development standards. 15.05.050 Shoreline modifications. 15.05.060 Environmental designations. 15.05.070 Summary of Uses, Approval Criteria, and Process. 15.05.080 Shoreline residential environment. 15.05.090 Urban conservancy environment. 15.05.100 Natural environment. Article Ill. Administrative Procedures 15.05.110 Shoreline management permit and enforcement procedures, adoption by reference. 15.05.120 Permit processing and public notice. 15.05.130 Shoreline exemption. 15.05.140 Application requirements. 15.05.150 Shoreline substantial development permit. 15.05.160 Shoreline variance. 15.05.170 Conditional uses. 15.05.180 Final approval of shoreline permits. 15.05.190 Combined hearing authority. 15.05.200 Appeals. 15.05.210 Permit revisions. 15.05.220 Replacement, alteration, or reconstruction of nonconforming use or development. 15.05.230 Shoreline environment redesignation. 15.05.240 Amendments to this chapter. EXHIBIT` :-.. PAGE._1..--OF Page 1 of 71 City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology required changes Sections: Chapter 15.10 CRITICAL AREAS Article I. Generally 15.10.010 Purpose. 15.10.020 Applicable provisions. 15.10.030 Jurisdiction. 15.10.040 Other authority and jurisdiction. 15.10.050 Liability. Article 11. Administration 15.10.060 Administration. 15.10.070 Maps adopted. 15.10.080 Basis for determination. 15.10.090 Bonds. 15.10.100 Dedication. 15.10.110 Certain activities not subject to critical area standards. Article III. General Site Design Requirements 15.10.120 Responsibility of applicant. 15.10.130 Vehicle circulation areas. 15.10.140 Time limitation. 15.10.150 Other requirements. Article IV. Geologically Hazardous Areas Development 15.10.160 Limitations. Article V. Streams 15.10.170 Stream setbacks. 15.10.180 Relocation. 15.10.190 Culverts. 15.10.200 Removal of streams from culverts. 15.10.210 Rehabilitation. 15.10.220 Intrusion into stream setbacks. 15.10.230 Additional requirements for clearing and grading. Article VI. Regulated Wetlands122--, EXHIBIT - 15.10.240 Determination of wetland and regulated wetland. PAGE OF iL�� 15.10.250 Wetland categories and standard buffers. Page 2 of 71 City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology required changes 15.10.260 Structures, improvements, and clearing and grading within regulated wetlands. 15.10.270 Structures, improvements, and clearing and grading within regulated wetland buffers. Article VII. Critical Aquifer Recharge Areas and Wellhead Protection Areas 15.10 280 Limitations. 15.10.290 Classification of wellhead capture zones. 15.10.300 General requirements. 15.10.310 Prohibited activities in Wellhead Capture Zone 1. 15.10.320 Regulation of facilities handling and storing hazardous materials. 15.10.330 Performance standards. 15.10.340 Use of pesticides, herbicides, and fertilizers in critical aquifer recharge areas and wellhead protection areas. Sections: Chapter 95.15 FLOOD DAMAGE PREVENTION Article I. Generally 15.15.010 Purpose. 15.15.020 Adoption of state and federal statutes and regulations. 15.15.030 Methods of reducing flood losses. 15.15.040 Definitions. Article II. Provisions 15.15.050 General provisions. 15.15.060 Permits. 15.15.070 Use of other base flood data (in A and V zones). 15.15.080 Information to be obtained and maintained. 15.15.090 Alteration of watercourses. 15.15.100 Conditions for flood variances. 15.15.110 Provisions for flood hazard reduction. 15.15.120 Subdivision proposals. 15.15.130 Review of building permits. 15.15.140 Specific standards. 15.15.150 AE and Al -30 zones with base flood elevations but no floodways. 15.15.160 Floodways. 15.15.170 Critical facility. EXHIBIT PAGE 3 OEl� Page 3 of 71 City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology required changes Chapter 15.05 SHORELINE MANAGEMENT Article I. Generally 15.05.010 Purpose and authority. The city adopts these regulations under the authority of the Shoreline Management Act of 1971, Chapter 90.58 RCW, as amended, and the Shoreline Management Guidelines, Chapter 173-26 WAC. The director of the department of community development has the authority to adopt rules and regulations to carry out the provisions of this title and has the authority to administer and enforce this title and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this title or any such rule or regulation. (Ord. No. 09-597, § 50, 1-6-09; Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98; Ord. No. 90-38, § 1(24.10), 2-27-90. Code 2001 § 18-161.) 15.05.020 Jurisdiction. (1) The provisions of this article shall apply to all development proposed within the areas defined as "shorelines" in RCW 90.58.030(2)(d), and "shorelines of state-wide significance" in RCW 90.58.030(2)(e), and "shorelands" in RCW 90.58.030(2)(f); see 15.05.030, Additional definitions. The approximate location of these shorelines shall be designated on maps maintained by the department of community development; however, the property owner or applicant shall be responsible for determining the specific location of the shoreline jurisdiction on the subject property when a permit is filed. The city shall be responsible for verifying shoreline jurisdiction. Washington Department of Ecology may be contacted to delineate the ordinary high water mark (OHWM) on a subject property as per its authority and responsibilities outlined in RCW 90.58.030(2)(f). (2) No development shall be undertaken by any person on the shorelines of the state without obtaining a shoreline permit from the department of community development, or an authorized statement of exemption per WAC 173-27-040 and for developments exempted by RCW 90.58.140(9) and (10). (3) All proposed uses and development occurring within shoreline jurisdiction must conform to Chapter 90.58 RCW, the Shoreline Management Act, and the City of Federal Way Shoreline Master Program whether or not a permit is required. (Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98; Ord. No. 90-38, § 1(24.30.10, 24.30.20), 2-27-90. code 2001 § 18-162.) 15.05.030 Additional definitions, Unless otherwise defined in this chapter, the definitions contained in this section, FWRC Title 15, Chapter 90.58 RCW, Chapter 173-26 WAC and Chapters 173-27 WAC, Chapter 19.05 FWRC or FWRC 1.05.020 shall apply in that order. "Act" means the Washington State Shoreline Management Act of 1971, Chapter 90.58 RCW, as amended. "Amendment" means a revision, update, addition, deletion, and/or reenactment to the Federal Way shoreline master program. "Aquaculture" means the farming or culturing of food fish, shellfish or other aquatic plants and animals in streams, inlets, and other natural or artificial water bodies. Activities include the hatching, cultivating, planting, feeding, raising and harvesting of Page 4 of 71 City of Federal Way SMP — Title 15 Shorf t Passed by Resolution 10-597, October 19, 2010 with Ecolog g O EAGER -E 21 aquatic plants and animals, and the maintenance and construction of necessary equipment, buildings, and growing areas. Cultivation methods include but are not limited to fish pens, fish traps, or other similar apparatuses. "Average grade level" means, for structure built on land, the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure. In the case of structures to be built over the water, "average grade level" shall be the elevation of the ordinary high water mark (OHWM). Calculation of the average grade level shall be made by averaging the ground elevations at the midpoint of all exterior walls of the proposed building or structure. "Backshore" means a berm, together with associated marshes or meadows, on marine shores landward of the ordinary high water mark which is normally above high 'tide level and has been gradually built up by accretion. "Bank" means a steep rise or slope at the edge of a body of water or water course. "Beach nourishment" means the artificial replenishing of a beach by delivery of materials dredged or excavated elsewhere. "Berm"means a ledge or shoulder consisting of mounded earth or rock. "Boating facility" means a facility or structure providing access in and out of the water for vessels, such as a launching ramp, rails, or lift station open to the public. For purposes of the Shoreline Master Program, boating facilities do not include docks, piers, moorage piles, mooring buoys, or floats associated with single-family residences or other joint -use structures not accessible to the public. "Breakwater" means an off -shore structure, either floating or not, which may or may not be connected to the shore, such structure being designed to absorb and/or reflect back into the water body the energy of the waves. "Bulkhead" means a wall, seawall, embankment, or other structure erected at or near the OHWM and roughly parallel to the shoreline that retains or prevents sliding or erosion of land or protects land and/or structures from wave or current action. "Bluff means a steep slope which abuts and rises from Puget Sound. Bluffs contain slopes predominantly in excess of 40 percent, although portions may be less than 40 percent. The toe of the bluff is the beach of Puget Sound. The top of a bluff is typically a distinct line where the slope abruptly levels out. Where there is no distinct break in slope, the slope is either the line of vegetation separating the unvegetated slope from the vegetated uplands plateau or, when the bluff is vegetated, the point where the bluff slope diminishes to less than 15 percent. "Commercial use" means the uses allowed in the commercial zones and the nonindustrial uses permitted in the commercial enterprise zone. "Conditional use" means a use, development, or substantial development which is classified as a shoreline conditional use or is not classified within the shoreline master program. "Critical salmonid habitats" mean habitats that are used by Pacific salmonid species that migrate between fresh water and salt water during their life cycle. These habitats include: (1) Gravel bottomed streams used for spawning; (2) Streams, lakes, and wetlands used for rearing, feeding, and cover and refuge from predators and high waters; .� (3) Streams and salt water bodies used as migration corridors; EXH I BIT PAGE_2GF_. Page 5 of 71 City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology required changes (4) Shallow areas of salt water bodies used for rearing, feeding, as well as cover and refuge from predators and currents, including, but not limited to, forage fish habitats such as sandy beaches and eelgrass beds; and (5) Pocket estuaries including stream mouths and deltas where fresh water mixes with salt water and provides rearing habitat for juvenile salmonids.All saltwater shorelines in Federal Way are critical salmonid habitats. "Department" means the department of community development services, unless the context indicates otherwise. "Development" means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the Shoreline Management Act (RCW 90.58) at any state of water level. "Dock" means all platform structures floating upon water bodies and connected to land to provide moorage or landing for waterborne pleasure craft. "Dredging" means the removal of earth from the bottom of a stream, marine water body, lake or other water body for the purposes of deepening and/or maintaining a navigational channel. "Drift cell" (also referred to as "drift sector," or "littoral cell) means a particular reach of marine shore in which littoral drift may occur without significant interruption and which contains any natural sources of such drift and also accretion shore forms created by such drift. "Ecological functions" means the work performed or role played by the physical, chemical, and biological processes in the shoreline that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline's natural ecosystem. "Ecosystem-wide processes" means the suite of naturally occurring physical and geologic processes of erosion, transport, and deposition; and specific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions. "Exemptions" means those development activities which are not required to obtain a Substantial Development Permit; but which must obtain an authorized statement of exemption and which must otherwise comply with applicable provisions of the Shoreline Management Act and the city's local shoreline master program. "Fair market value" means the open market bid price for conducting the work, using the equipment and facilities, and purchase of the goods, services, and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials, equipment and facility usage, transportation and contractor overhead, and profit. The fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment, or materials. "Feasible" means that an action, such as a development project, mitigation, or preservation requirement, meets all of the following conditions: (1) The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; (2) The action provides a reasonable likelihood of achieving its intended purpose; and , Page 6 of 71 City of Federal Way SMP — Title 15 FRl1 f&a�ement Passed by Resolution 10-597, October 19, 2010 with EcoTog u. d change • l�AGf�bF (3) The action does not physically preclude achieving the project's primary intended legal use. In determining an action's feasibility, the reviewing agency may weigh the action's relative public costs and public benefits considered in the short- and long-term time frames. "Fill" means the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises the elevation or creates dry land. "Float" means a structure or device which is not a breakwater and which is moored, anchored, or otherwise secured in the waters of Federal Way, and which is not connected to the shoreline. "Floodplain" means one hundred -year flood plain and means that land area susceptible to inundation with a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be based upon flood ordinance regulation maps or a reasonable method which meets the objectives of the Act. "Geologically hazardous areas" means areas which because of their susceptibility to erosion, land -sliding, 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 a 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: (i) Slopes greater than 15 percent; (ii) Permeable sediment, predominately sand and gravel, overlying relatively impermeable sediment or bedrock, typically silt and clay; and (iii) Springs or groundwater seepage. (b) Any area which has shown movement during the Holocene epoch, from 10,000 years ago to the 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 of low 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. Page 7 of 71 City of Federal Way SMP – Title 15 Shc nel — Passed by Resolution 10-597, October 19, 2010 with Ecoloqudthanges ® F "Geotechnical report" or "geotechnical analysis" means a scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology; the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes; conclusions and recommendations regarding the effect of the proposed development on geologic conditions; the adequacy of the site to be developed; the impacts of the proposed development; alternative approaches to the proposed development; and measures to mitigate potential site-specific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts to adjacent and down - current properties. Geotechnical reports shall conform to accepted technical standards and must be prepared by qualified professional engineers or geologists who have professional expertise about the regional and local shoreline geology and processes. "Grading" means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land. "Groin" means a barrier type structure extending from the backshore into the water across the beach. The purpose of a groin is to interrupt sediment movement along the shore. "Height" means that distance measured from average grade level to the highest point of a structure: provided, that television antennas, chimneys, and similar appurtenances shall not be used in calculating height, except where such appurtenances obstruct the view of the shoreline of a substantial number of residences on areas adjoining such shorelines, or the applicable master program specifically requires that such appurtenances be included: provided further, that temporary construction equipment is excluded in this calculation. "Jetty" means an artificial barrier used to change the natural littoral drift to protect inlet entrances from clogging by excess sediment. "Landslide"means an episodic downslope movement of a mass of soil or rock that includes but is not limited to rockfalls, slumps, mudflows, and earthflows. "Littoral drift" means the natural movement of sediment along marine or lake shorelines by waveaction in response to prevailing winds. "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. - "Marine" means pertaining to tidally influenced waters, including Puget Sound and the bays, estuaries, and inlets associated therewith. "Minor stream" means any stream that does not meet the definition of major stream. "Mooring buoys" means a floating object anchored to the bottom of a water body that provides tie up capabilities for vessels. "Native Shoreline Vegetation" means trees, shrubs, and other plant species that are indigenous to a specific area or region. Plants native to western Washington are referenced in Flora of the Pacific Northwest (Hitchcock and Cronquist). Ornamental landscaping and invasive species shall not be considered native shoreline vegetation. "Natural" or "existing topography" means the topography of the lot, parcel, or tract of real property immediately prior to any site preparation or grading, including excavating or filling. &1� Page 8 of 71 City of Federal Way SMP — Title 15 Shor Passed by Resolution 10-597, October 19, 2010 with Ecology f1V r (tnges OF—IL..., "Nearshore" means either nearshore environment or nearshore habitat and refer generally to an area along the Puget Sound shoreline that extends from the top of bluffs or upland area immediately adjacent to the beach to the point where sunlight penetrates marine waters to a depth where aquatic plant life is supported. "Nonconforming use" or "development" means a shoreline use or development which was lawfully constructed or established prior to the effective date of the Act or the applicable shoreline master program, or amendments thereto, but which does not conform to present regulations or standards of the shoreline master program. "Non -water -oriented uses" means those uses that are not water -dependent, water - related, or water -enjoyment, and which have little or no relationship to the shoreline and are not considered priority uses under the Shoreline Management Act. Examples include professional offices, automobile sales or repair shops, mini -storage facilities, multi -family residential development, department stores, and gas stations. "Ordinary High Water Mark (OHWM)" means the mark on all lakes, streams, and tidal waters that will be found by examining the beds and banks and ascertaining where the presence and action of waters are so common and usual and so long continued in all ordinary years as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation, as that condition existed on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the Department of Ecology. In any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining saltwater shall be the line of mean higher high tide and the ordinary high water mark adjoining freshwater shall be the line of mean high water. "Permit" means any substantial development, variance, conditional use permit, or revision authorized under Chapter 90.58.RCW. "Pier" means any fixed platform structure upon water bodies that is supported by piles and connected to land. "Primary structure" means the structure associated with the principal use of the property. If more than one structure is associated with the principal use of the property, the one with the highest value shall be considered the primary structure. "Public access" means the general public's ability to view, reach, touch, and enjoy the water's edge and use the State's public waters, the water/land interface, and associated public shoreline area. Public access also includes actual, physical, unobstructed access from land to the ordinary high water mark or adjacent shorelands. "Public utility" means the facilities of a private business organization such as a public service corporation, or a governmental agency performing 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 term also includes broadcast towers, antennas, and related facilities operated on a commercial basis. "Recreational development" means commercial and public facilities designed and used to provide recreational opportunities to the public. "Replacement structure" means the construction of a new structure to perform the same function as an existing structure that can no longer adequately serve its purpose. Additions to or increases in size of existing structures shall not be considered replacement structures. "Residential development" means developments and occupancy in which persons sleep and prepare food, other than developments used for transient oc�.g Page 9 of 71 City of Federal Way SMP -Title 15 S li a anagemeT Passed by Resolution 10-597, October 19, 2010 with EcolcpAeE hanges O 0 Residential development includes the creation of new residential lots through subdivision of land. "Restoration"means in the context of "ecological restoration," the reestablishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, revegetation, removal of intrusive shoreline structures, and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre - European settlement conditions. "Riprap"means a layer, facing, or protective mound of angular stones randomly placed to prevent erosion, scour, or sloughing of a structure or embankment; also, the stone so used. "Shall"means a mandate; the action must be done. "Shorelands" also referred to as "shoreland areas", means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways, and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the Department of Ecology. "Shoreline administrator" means the director of the department of community development or his or her designee and is responsible for administering the Federal Way shoreline master program. "Shoreline environment designation" means the categories of shorelines of the state established by the City of Federal Way shoreline management master program to differentiate between areas whose features imply differing objectives regarding their use and future development. "Shoreline jurisdiction"means all "shorelines of the state" and "shorelands" as defined in the Federal Way shoreline master program and RCW 90.58.030. "Shoreline Master Program (SMP)" means the comprehensive use plan for a described area, and the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards developed in accordance with the policies enunciated in RCW 90.58.020. "Shoreline modifications" means those actions that modify the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. They can include other actions, such as clearing and grading. "Shoreline stabilization" means structural and nonstructural actions taken to address erosion impacts to property, dwellings, businesses, or structures caused by natural shoreline processes such as currents, floods, tides, wind, or wave action. Expansion or enlargement of existing stabilization measures is considered new stabilization. "Shoreline variance" means to grant relief from the specific bulk, dimensional, or performance standards in the local shoreline master program, but not a means to vary a "use" of a shoreline. "Shorelines" means all of the water areas of the state, including reservoirs, and their associated shorelands, together with the lands underlying them; except (i) shorelines of statewide significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and (iii) shorelines on lakes less t4�p,�_ acres in size and wetlands associated with such small lakes. �,;, XH j �.5I - - '. MP—Title 95 S ,o WM5-6�en�Page 10 of 71 City of Federal Way SPassed by Resolution 10-597, October 99, 2010 with Ecology required changes "Shorelines of statewide significance" means those areas of Puget Sound in the city of Federal Way lying seaward from the line of extreme low tide. "Shorelines of the state" means the total of all "shorelines" and "shorelines of statewide significance" within the city of Federal Way. "Should" means that the particular action is required unless there is a demonstrated, compelling reason, based on policy of the Shoreline Management Act and this title, against taking the action. "SMA" means the Shoreline Management Act. "SMP" means the Shoreline Master Program. "Soft -shore bank stabilization" means the use of bioengineering or biotechnical bank stabilization measures where vegetation, logs, rock, and beach nourishment are used to address erosion control and slope stability. "Stringline setback" means a straight line drawn between the points on the primary structures having the greatest projection water ward on the two adjacent properties. If one of the adjacent properties is unimproved, the line shall be drawn to the point of the standard shoreline setback at the side property line of the unimproved lot. "Substantial accessory structure" means non primary structures equal to or larger than 400 square feet and in good repair. "Vegetation conservation area" means an upland area adjacent to the ordinary high water mark or top of bluff where existing native vegetation and native trees shall be retained per the requirements of the Federal Way Shoreline Master Program. The width of the vegetation conservation area is consistent with setback requirements for specific uses and shoreline environment designations. "Vessel" means ships, boats, barges, or any other floating craft which are designed and used for navigation and do not interfere with the normal public use of the water. "Water quality" means the physical characteristics of water within shoreline jurisdiction, including water quantity, hydrological, physical, chemical, aesthetic, recreation -related, and biological characteristics. Where used in this title, the term "water quantity" refers only to development and uses regulated under this chapter and affecting water quantity, such as impermeable surfaces and storm water handling practices. Water quantity, for purposes of this title, does not mean the withdrawal of ground water or diversion of surface water pursuant to RCW 90.03.250 through 90.03.340. "Water -dependent use" means a use or portion of a use which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Examples of water dependent uses may include ship cargo terminal loading areas, ferry and passenger terminals, barge loading facilities, ship building and dry docking, marinas, aquaculture, float plane facilities, and sewer outfalls. "Water -enjoyment use" means a recreational use or other use that facilitates public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through location, design, and operation ensures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water -enjoyment use, the use must be open to the general public and the shoreline -oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. "Water -oriented use" means a use that is water -dependent, water -related, or w enjoyment, or a combination of such uses. E XHIB Page 11 of 71 City of Federal Way SMP —Title 15 ShoFli ►►INA Passed by Resolution 10-597, October 19, 2010 with Ecology required changes "Water -related" means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic vitality is dependent upon a waterfront location because: (1) Of a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or (2) The use provides a necessary service supportive of the water -dependent commercial activities and the proximity of the use to its customers makes its services less expensive and/or more convenient. Examples include professional services serving primarily water -dependent activities and storage of water - transported foods. "Wetland" means areas that are inundated or saturated by surface water or ground water 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. Wetlands do not include those artificial wetlands intentionally created from non -wetland sites, including, but not limited to, irrigation and drainage ditches, grass - lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non -wetland areas to mitigate the conversion of wetlands. (Ord. No. 09-593, § 19, 1-6-09; Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98. Code 2001 § 18-163.) Article 11. Shoreline Regulation 15.05.040 General development standards. The following general development standards apply to all uses and activities in all shoreline environments: (1) Impact mitigation. (a) To the extent Washington State Environmental Policy Act of 1971 (SEPA), chapter 43.21 C RCW, is applicable, the analysis of environmental impacts from proposed shoreline uses or developments shall be conducted consistent with the rules implementing SEPA (FWRC 14.05.010 and WAC 197-11). Mitigation for adverse impacts to shoreline functions will be triggered during the SEPA review, shoreline land use permit process, or exemption approval process. (b) Where required, mitigation measures shall be applied in the following sequence of steps listed in order of priority. (i) Avoiding the impact altogether by not taking a certain action or parts of an action; (ii) Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts; (iii) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; (iv) Reducing or eliminating the impact over time by preserva1. i eq B maintenance operations; t2 � PAGE ®� Page 12 of 71 City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology required changes (v) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and (vi) Monitoring the impact and the compensation projects and taking appropriate corrective measures. (c) In determining appropriate mitigation measures applicable to shoreline development, lower priority measures shall be applied only where higher priority measures are determined to be infeasible or inapplicable. (d) Required mitigation shall not be in excess of that necessary to assure that proposed uses or development will result in no net loss of shoreline ecological functions. (e) Mitigation actions shall not have a significant adverse impact on other shoreline functions fostered by the policy of the Shoreline Management Act. (f) When compensatory measures are appropriate pursuant to the mitigation priority sequence above, preferential consideration shall be given to measures that replace the impacted functions directly and are located in the immediate vicinity of the impact. However, alternative compensatory mitigation may be authorized if said mitigation occurs within the watershed and addresses limiting factors or identified critical needs for shoreline conservation based on watershed or comprehensive management plans. Authorization of compensatory mitigation measures may require appropriate safeguards, terms, or conditions as necessary to ensure no net loss of ecological functions. (2) Vegetation conservation. Existing shoreline vegetation shall be preserved per development standards established for each shoreline environment designation. (3) Water quality/stormwater. All activities and development within the shoreline jurisdiction shall incorporate water pollution control measures and best management practices (BMPs) for stormwater management. Such measures shall address both temporary impacts to water quality from construction activities as well as the need for permanent stormwater management facilities in compliance with the requirements and restrictions of all applicable city and state regulations. (4) Critical areas. Activities and development in critical areas found within shoreline jurisdiction are required to comply with the development standards outlined in Chapter 15.10 FWRC — Critical Areas and Chapter 15.15 FWRC — Flood Damage Reduction, for each area described below. (a) Any conflict between the standards outlined in Chapter 15.10 FWRC or Chapter 15.15 FWRC and the SMP shall be resolved in favor of the standard that is most protective of the shoreline ecological functions. In addition to the development standards outlined in Chapter 15.10 FWRC and Chapter 15.15 FWRC, the following minimum requirements shall apply with regard to activities and development in critical areas found within shoreline jurisdiction: (i) Minimum setbacks from the OHWM established by this chapter shall be maintained in all cases unless a shoreline variance is granted. (ii) When 15 10 270 (Structures improvements and clearinq and gradin_q within regulated wetland buffers) subsections (5) Wetland Buffer Reduction and (6) Modification are utilized for a project proposal a shoreline variance permit is required if the overall proposed buffer width reduction exceeds 25 percent. (b) Geologically hazardous areas. Regulated geologically hazardous areas located in the shoreline jurisdiction include seismic hazard areas, landslide hazard areas, steep slopes, and erosion hazard areas. If a geologically hazardous area is located within the shoreline jurisdiction, all activities on the site shall be in compliance Page 13 of 71 City of Federal Way SMP — Title 1 S �li ement Passed by Resolution 10-597, October 19, 2010 with E9�Y'�s - ---4-� PAGE. --®F with the requirements and restrictions of Articles I, 11, III, and 1V of Chapter 15.10 FWRC. In addition to the development standards outlined in Chapter 15.10 FWRC, the following shall apply with regard to activities and development in geologically hazardous areas found within shoreline jurisdiction: (i) Creation of new lots shall be prohibited where development and use on new lots would cause a foreseeable risk from geological conditions during the life of the development. (ii) New development that causes risk from geological conditions should not be allowed. (iii) New development on sites with steep slopes and bluffs is required to be set back sufficiently to ensure that shoreline stabilization is unlikely to be necessary during the life of the project as demonstrated by a geotechnical analysis. (c) Streams and wetlands. If a stream or wetland is located within the shoreline jurisdiction, all activities within the shoreline jurisdiction shall be in compliance with the requirements and restrictions of Articles 1, II, 111, V, and VI of Chapter 15.10 FWRC. (d) Flood damage reduction. If an area of special flood hazard is located on or adjacent to a development site within shoreline jurisdiction, all activities on the site shall be in compliance with the requirements and restrictions of Chapter 15.15 FWRC. All activities allowed within the special flood hazard area by the requirements and restrictions of Chapter 15.15 FWRC shall not result in a net loss of ecological function. (e) Critical aquifer recharge areas and wellhead protection areas. If a critical aquifer recharge area or wellhead protection area is located within the shoreline jurisdiction, all activities within the shoreline jurisdiction shall be in compliance with the requirements and restrictions of Articles I, II, III, and VII of Chapter 15.10 FWRC. (5) Critical salmonid habitats. All saltwater shorelines in Federal Way are critical salmonid habitats. Activities and development in critical salmonid habitats found within the shoreline jurisdiction are required to comply with the following development standards, in addition to those contained in other sections of this chapter: (a) Structures which prevent the migration of salmon and steelhead are ,prohibited. Fish bypass facilities shall allow the upstream migration of adult fish. Fish bypass facilities shall prevent fry and juveniles migrating downstream from being trapped or harmed. (b) Shoreline modification structures may intrude into critical salmonid habitats only where the proponent demonstrates all of the following conditions are met: (i) An alternative alignment or location is not feasible; (ii) The project is designed to minimize its impacts on the environment; (iii) If the project will create unavoidable adverse impacts, the impacts are mitigated by creating in-kind replacement habitat near the project. Where in-kind replacement mitigation is not feasible, rehabilitating degraded habitat may be required as a substitute. (iv) The project satisfies all provisions of FWRC 15.05.050 Shoreline modifications. (c) Open pile bridges are the preferred water crossing structures over critical salmonid habitats. If a bridge is not feasible, one of the following water crossing structures may be approved if the impacts can be mitigated: temporary culverts, bottomless arch culverts, elliptical culverts, or other fish -passable round culverts. These structures are listed in priority order, with the first having the highest preference and the last the lowest preference. In order for a lower priority structure to be permitted, the Page 14 of 71 City of Federal Way SMP - Title 15 J�10% Passed by Resolution 10-597, October 19, 2010 with En'v+ change 11�� CC applicant must show the higher priority structures are not feasible. The project shall be designed to minimize its impacts on the environment. (d) Bridges and in-water utility corridors may be located in critical salmonid habitats provided the proponent shows that all of the following conditions are met: (i) An alternative alignment is not feasible; (ii) The project is located and designed to minimize its impacts on the environment; (iii) Any alternative impacts are mitigated; and (iv) Any landfill is located landward of the ordinary high water mark. Open piling and piers required to construct the bridge may be placed waterward of the ordinary high water mark, if no alternative method is feasible. When installing in-water utilities, the installer may be required to place native material on the bed and banks of the water body or wetland to re-establish the preconstruction elevation and contour of the bed. The project shall be designed to avoid and minimize impacts on the environment. (e) Dredging in critical salmonid habitats shall not be allowed unless the proponent demonstrates all of the following conditions are met: (i) The dredging is for a water-dependent or water-related use; (ii) An alternative alignment or location is not feasible; (iii) The project is designed to minimize its impacts on the environment; (iv) The project is in the public interest; and (v) If the project will create significant unavoidable adverse impacts, then the impacts are mitigated by creating in-kind replacement habitat near the project. Where in-kind replacement mitigation is not feasible, rehabilitating degraded habitat may be required as a substitute. (f) In-water dredge spoil disposal sites shall not be located in critical salmonid habitats. (g) Filling, dumping, discharging (including discharging of stormwater), commercial or industrial waste water, dredging, channelization, draining, flooding, disturbing the water level, duration of inundation or water tables, and other activities which negatively impact habitat are prohibited in wetlands, ponds, and side channels which are associated with critical salmonid habitats. (h) Within critical salmonid habitats, permanent channel changes and realignments are prohibited. (i) The removal of aquatic and riparian vegetation within or adjacent to critical salmonid habitats shall be minimized. Trees which shade side channels, streams, estuaries, ponds, and wetlands associated with critical salmonid habitats shall be maintained consistent with the provisions of this chapter. Areas of disturbed earth shall be revegetated. 0) Unless removal is needed to prevent hazards to life and property or to enhance critical salmonid habitats, large woody debris below the ordinary high water mark shall be left in the water to provide salmon and steelhead habitat. (6) Archaeological and historic resources. (a) If any archeological artifacts are uncovered during excavations in the shoreline, work must stop immediately and the City of Federal Way, the state Department of Archaeology and Historic Preservation, the Muckleshoot Indian Tribe, and the Puyallup Tribe of Indians must be notified. (b) Proposals for ground disturbing activities in areas known to contain an historic, cultural, or archaeological resource(s) or highly suspected to contain Page 15 of 71 City of Federal Way SMP — Title 15 Sho �Ragnggo Passed by Resolution 10-597, October 19, 2010 with Ecology vire s TZ P GEE.OF archaeological artifacts and data shall require a site inspection and evaluation by a professional archaeologist or historic preservation professional, as applicable, prior to issuance of a permit or initiation of disturbance. The evaluation shall include recommendations for monitoring of potentially disruptive activities, data recovery, and/or mitigation measures if warranted. Cost for inspection and evaluation of the site will be the responsibility of the applicant. (7) Public access. (a) In review of all shoreline permits or developments of more than four residential lots or dwelling units, or subdivision of land into more than four lots, or commercial development, or non -water dependent uses (including water -enjoyment and water -related uses) consideration of public access and joint use of community recreational facilities shall be required when: (i) The development would generate demand for one or more forms of public shoreline access; and/or (ii) The development would eliminate, restrict, or otherwise impair existing legal access opportunities or rights. In these instances, public access shall be provided by the development in a form, as detailed by FWRC 15.05.040(7)(d) of this section, consistent in character with the existing public access that was eliminated, restricted, or otherwise impaired. (b) Requirements or conditions for public access shall be consistent with all relevant constitutional and other legal limitations on regulation of private property. (c) Public access requirements shall not be required when the applicant demonstrates that one or more of the following provisions apply: (i) Unavoidable health or safety hazards to the public exist that cannot be prevented by any practical means; (ii) Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions; (iii) The cost of providing the access, easement, alternative amenity, or mitigating the impacts of public access is unreasonably disproportionate to the total long term cost of the proposed development; (iv) Significant environmental impacts would result from the public access that cannot be mitigated; and/or (v) Significant undue and unavoidable conflict between any access provisions and the proposed use and/or adjacent uses would occur and cannot be mitigated. (d) Public access shall consist of a dedication of land or a physical improvement in the form of a walkway, trail, bikeway, corridor, viewpoint, park, or other area serving as a means of view and/or physical approach to shorelines of the state and may include interpretive centers and displays. (e) Public access locations shall be clearly marked with visible signage. (f) Public access provided by shoreline street ends, public utilities, and rights-of- way shall not be diminished (RCW 36.87.130). (g) Shoreline development by any public entities, including the City of Federal Way, state agencies, and public utility districts, shall include public access measures as part of each development project, unless such access is shown to be incompatible due to reasons of safety, security, or impact to the shoreline environment or other provisions in this section. (8) Restoration Projects. (a)Restoration projects within the shoreline environment consistent with WAC 173-27-080(2)(0) shall be allowed without a shoreline substantial deve Page 16 of 71 City of Federal Way SMP — Title 15 5emMT— ` Passed by Resolution 10-597, October 19, 2010 with Ecof%mchange-OF-3A---,,�. be reviewed through the shoreline exemption review process; and be designed consistent with the development standards outlined in Chapter 15.10 FWRC — Critical Areas and the provisions of this chapter. (b) Approval of restoration projects shall be based on a review of a plan containing, at a minimum, an analysis of existing conditions, identification of the area to be restored, proposed corrective actions, including installation of native species, performance standards, monitoring schedule, planting plans, erosion and sedimentation control plans, and grading plans as necessary. (c) The shoreline administrator shall require an applicant to retain the services of a qualified professional in preparing the restoration plan. Intrusions into regulated steep slopes and associated setbacks will be allowed for purposes of approved restoration projects. (Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98, Code 2001 § 18-165) 15.05.050 Shoreline modifications (1) Shoreline stabilization. Shoreline stabilization may be permitted in the shoreline residential environment. Hard armoring (e.g. bulkheads and riprap) is subject to a shoreline conditional use permit in the urban conservancy environment. Soft -shore stabilization may be permitted in the urban conservancy environment. Shoreline stabilization proposals shall address the following: (a) Shoreline stabilization, including bulkheads, shall not be considered an outright permitted use on the city's shorelines. In order for shoreline stabilization to be permitted the city must find that: (i) The applicant shall provide a geotechnical report, prepared by a qualified professional, that estimates the rate of erosion and evaluates alternative solutions; and the urgency associated with the specific situation; and (ii) Soft -shore stabilization alternatives such as slope drainage systems, vegetative growth stabilization, gravel berms, and beach nourishment shall be prioritized over structural options such as bulkheads and riprap. The "softest" effective alternative shall be utilized; and (iii) In the case of proposed hard armoring stabilization solutions (e.g. bulkheads and riprap), erosion from waves or currents presents a clear and imminent (damage within 3 years) threat to a legally established primary structure, one or more substantial accessory structures, water -dependent development, ecological restoration/toxic clean-up remediation projects, or public improvements; and (iv) In the case of bulkheads and riprap, the proposed shoreline stabilization is located landward of the ordinary high water mark; and (v) The proposed shoreline stabilization is the minimum size necessary to protect existing improvements; and (vi) The applicant shall demonstrate that impacts to sediment transport are minimized to the greatest extent possible; and (vii) Shoreline stabilization shall not have an adverse impact on the property of others and shall be designed so as not to create the need for shoreline stabilization elsewhere; and (viii) Shoreline stabilization shall not significantly interfere with normal surface and/or subsurface drainage into the water body and shall be constructed using an approved filter cloth or other suitable means to allow passage of surface and groundwater without internal erosion of fine material; and (ix) Shoreline stabilization shall not be used to create new I��"" 'I� Page 17 of 71 City of Federal Way SMP — Title 15 S orelin agemen P Passed by Resolution 10-597, October 19, 2010 with EcolA ch� ange F (x) Use of chemically treated wood is prohibited for any shoreline stabilization proposal within freshwater lake shorelines; and (xi) Use of creosote treated wood is prohibited within marine shorelines; and (xii) Re-vegetation with native plants is required as part of the shoreline stabilization project; and (xiii) Shoreline stabilization shall not otherwise result in a net loss of ecological functions. (b) When a bulkhead or other structural alternative is permitted subject to subsection (a) above, the following standards shall apply: (i) The maximum height of the proposed bulkhead or other stabilization structure is no more than one foot above the elevation of mean higher high water on tidal waters, or one foot in height above the elevation of ordinary high water mark on lakes, measured from grade on the waterward side of the bulkhead or structure; and (ii) When a bulkhead or other stabilization structure has deteriorated such that the ordinary high water mark has been established by the presence and action of water landward of the existing bulkhead, then the replacement bulkhead or structure must be located at or landward of the ordinary high water mark. (iii) Repair of an existing bulkhead or other stabilization structure is permitted provided that the repaired bulkhead or structure is not relocated further waterward or increased in height. (iv) If an existing bulkhead or other stabilization structure is destroyed it may be replaced as it existed prior to destruction, provided application for required permits is made within one year of destruction. Additions to or increases in size of existing shoreline stabilization measures shall be considered new structures. (v) Soft shoreline stabilization measures that provide restoration of shoreline ecological functions may be permitted waterward of the ordinary high water mark. (vi) The project satisfies the provisions of FWRC 15.05.040(5)(b). (c) Creation of new lots shall be prohibited where development and use on new lots would require structural shoreline stabilization over the life of the development. The following standards shall apply to new development. (i) New development that would require shoreline stabilization which causes significant impacts to adjacent or down-current properties and shoreline areas should not be allowed. (ii) New development, including newly created parcels, are required to be designed and located to prevent the need for future shoreline stabilization as documented by a geotechnical analysis. (iii) New development on steep slopes and bluffs is required to be set back sufficiently to ensure that shoreline stabilization is unlikely to be necessary during the life of the project as demonstrated by a geotechnical analysis. (2) Piers, docks, floats, and mooring buoys. Piers, docks, floats, and mooring buoys may be permitted in the shoreline residential and urban conservancy environments subject to the following conditions: (a) Public piers and docks shall only be allowed for water-dependent uses and public access subject to a Shoreline Conditional Use Permit and the following criteria: (i) Public's need for such a structure is clearly demonstrated; (ii) The project including any required mitigation, will result in no net loss of ecological functions associated with critical saltwater habitat; (iii) The project is consistent with the state's interest in resource protection and species recovery; and City Page 18 of 71 Cify of Federal Way SMP -Title 15 S lie ana']Lgement Passed by Resolution 10-597, October 19, 2010 with Ecoi pAeEhaL 16 ® F I, V (iv) Moorage at public docks is limited to recreational purposes and shall not extend more than one 24-hour period. Public docks may not be used for commercial or residential moorage. (b) Residential piers, docks, floats, or mooring buoys may be permitted accessory to a single-family residence, or as common use facilities associated with a subdivision, short subdivision, or multi -family development, in accordance with this chapter and the following limitations: (i). Residential mooring buoys are preferred over docks and piers on the Puget Sound shoreline. Applicants for a residential dock or pier on the Puget Sound Shoreline must demonstrate why a mooring buoy will not provide adequate moorage for recreational watercraft. (ii) No more than one pier, dock, float, or mooring buoy for each existing residential lot is permitted. (iii) New residential developments of two or more units, subdivisions, or short subdivisions shall be limited to one shared dock or pier. (A) The total number of moorage spaces shall be limited to one moorage space for every dwelling unit up to four. For each two dwelling units after four, one additional moorage space is permitted. (c) All docks and piers shall be subject to the mitigation requirements per FWRC 15.05.040(1) and will result in no net loss of ecological functions associated with critical saltwater habitat. A preliminary eelgrass survey as specified under the Army Corps of Engineers, Regional General Permit, RGP 6 shall be required for new docks or piers on the Puget Sound shoreline. (d) No dwelling unit may be constructed on a pier or dock. (e) No covered pier, covered dock, covered moorage, covered float, or other covered structure is permitted waterward of the ordinary high water mark. (f) Piers, docks, mooring buoys, or floats shall meet the side and rear yard setbacks of the underlying zoning classification, except in the case of shared facilities, in which case no side yard setback is required. (g) All piers, docks, mooring buoys, floats, or other such structures shall not, during the course of the normal fluctuations of the elevation of the water body, protrude more than five feet above the surface of the water. (h) Floats cannot rest on the tidal substrate at any time. Stoppers on the piling anchoring the floats or stub piling must be installed such that the bottom of the floatation device is at least one foot above the level of the substrate. (i) Any pier, dock, mooring buoy, or float must be constructed out of materials that will not adversely affect water quality. Use of chemically treated wood is prohibited in freshwater lake shorelines. Use of creosote treated wood is prohibited in marine shorelines. 6) Any new pier or dock must be located generally perpendicular to the shoreline, and oriented to minimize shading impacts to the maximum degree feasible. (k) Live -aboard vessels are prohibited. Moorage not associated with residential development may not extend greater than one 24-hour period without a lease from Washington Department of Natural Resources. (1) Pier and dock dimensions and grating, marine shorelines. (i) Where authorized by FWRC 15.05, piers and docks located on marine shorelines shall be the minimum size required to provide for moorage. Single-family piers or docks shall not exceed 75 feet in length measured perpendicularly from the OHWM. Shared moorage may extend up to 100 feet in length if demonstrtli�B�-r Page 19 of 71 City of Federal Way SMP — Title 15 Shore ►Tne M ment Passed by Resolution 10-597, October 19, 2010 with Ecology J; n e F necessary to provide adequate moorage. Docks that cannot meet this standard may request a review under the variance provisions of this Program. (ii) The maximum width of each pier or dock shall be six feet. (iii) The maximum width of walkway ramps shall be four feet and shall be fully grated. (iv) The decking of all piers and docks shall be designed to allow a minimum of 45% light passage. This may be accomplished through grated decks, space between decking, light prisms, or other means. (v). Pier skirting is not permitted. (m). Pier and dock dimensions and grating, lake shorelines. (i) The maximum waterward intrusion of any portion of any pier or dock shall not extend further waterward than the average length of the piers or docks on lots abutting the location of the new dock as measured perpendicularly from the ordinary high water mark unless an alternative dimension is required in order to prevent impacts to critical areas. In no circumstances shall the maximum waterward intrusion of any portion of any pier or dock extend more than 36 feet from the ordinary high water mark, or the point where the water depth is eight feet below the elevation of the. ordinary high water mark, whichever is reached first. (ii) The maximum width of each pier or dock shall be six feet, or up to eight feet wide on joint use docks where additional mitigation is provided. (iii) The decking of all piersand docks shall be designed to allow a minimum of 45% light passage. This may be accomplished through grated decks, space between decking, light prisms, or other means. (n) Floats are limited under the following conditions: (i) One float per single -family residence and no more than one common use float for each new multi-family development, short subdivision, or subdivision is permitted. (ii) No portion of a float shall be placed more than 45 feet waterward of the ordinary high water mark on lake shorelines. (iii) Retrieval lines shall not float at or near the surface of the water. (iv) No float shall have more than 100 square feet of surface area. (v) Floats shall. use grating on at least 30 percent of their surface to allow light penetration. (3) Boating facilities — launching ramps, rails, and lift stations. (a) Launching ramps, rails, and lift stations may be permitted in parks and public access areas in the shoreline residential and urban conservancy environments subject to a shoreline conditional use permit, where authorized by FWRC 15.05.070 through 15.05.090. The following conditions shall apply: (i) No portion of a launching ramp, rail, or lift station shall be placed more than 60 feet waterward of the ordinary high water mark. (ii) All portions of a launching ramp, rail, or lift station shall be placed at a depth not to exceed eight feet below the ordinary high water mark. (iii) Launching rails or ramps shall be anchored to the ground through the use of tie-type construction. Asphalt, concrete, or other ramps, which solidly cover the bottom or bed of a waterbody, are prohibited. (iv) No more than one launching ramp, rail, or lift station per shoreline development shall be permitted. (v) Launching ramps, rails, or lift stations shall not be permitted for shoreline developments that have an existing pier, dock, float, mooring buoy, or ofMe Page 20 of 71 City of Federal Way SMP — Title 15 Shot'VeMmen 1- Passed by Resolution 10-597, October 19, 2010 with Ecolog i Panges moorage. Piers, docks, floats, or other forms of moorage shall not be permitted for shoreline developments that have existing launching ramps, rails, or lift stations. (vi) Launching ramps, rails, and lift stations shall be sited and designed to ensure protection of navigation routes and access; shall be aesthetically compatible with or enhance existing shoreline features; and shall be clearly marked and separated from nearby swimming areas. (vii) On-shore facilities associated with public boating facilities shall provide adequate off-street parking and loading area, and have adequate facilities for handling of sewage and litter. (4) Breakwaters, jetties and groins. (a) Floating breakwaters are permitted in the shoreline residential and urban conservancy environments, with a conditional use permit, when the following conditions apply: (i) Floating breakwaters may be allowed if necessary to protect a public boat launch, when no other alternative with less impact to the environment is feasible. (ii) When permitted, development of floating breakwaters shall include mitigation measures consistent with the chapter as to ensure no net loss of ecological function. (iii) Non-floating breakwaters are prohibited. (b) Jetties are prohibited within all shoreline environments in the city. (c) Groins are prohibited in all shoreline environments in the city. (5) Dredging and filling. (a) Dredging: (i) Dredging activities in shoreline residential or urban conservancy environments require a conditional use permit. Dredging is not permitted in the natural environment. (ii) Dredging activities are allowed only where necessary to protect public safety or for shoreline restoration activities. (iii) Dredging is allowed only where an alternative alignment that would not require dredging is not feasible. (iv) Where allowed, dredging operations must be scheduled so as to not damage shoreline ecological functions or processes. (v) Where allowed, dredging operations shall avoid and minimize significant ecological impacts to the greatest extent feasible, and shall be mitigated as required by this chapter. (vi) Siting and design of new development shall avoid the need for new and maintenance dredging. (vii) Dredging for fill materials shall be prohibited, except for projects associated with MTCA or CERCLA remediation actions, habitat restoration, or any other significant restoration effort approved by a shoreline conditional use permit. In such instances, placement of dredged fill material must be waterward of the OHWM. (b) Filling: (i) Fill activities waterward of the ordinary high water mark shall only be allowed with a shoreline conditional use permit in association with allowed (permitted) water dependent use developments; public access; cleanup and disposal of contaminated sediments as part of an interagency environmental clean-up plan; disposal of dredged material in accordance with DNR Dredged Material Management Program; or expansion or alteration of transportation facilities of statewide significance currently located on the shoreline (if alternatives to fill are shown not feasible). NF Page 21 of 71 City of Federal Way SMP - Title 15 Sh�� lent_— - V^ Passed by Resolution 10-597, October 19, 2010 with Eco/o=reqdt anges -1 waterward of the ordinary high water mark associated with non -water dependent uses shall be prohibited. (ii) Fill waterward of ordinary high water mark needed to support the following water dependent uses may be allowed through a conditional use permit in the shoreline residential and urban conservancy environments: (A) Public access; (B) Expansion, alteration, or repair of transportation facilities currently located within'the shoreline; (C) Mitigation actions; (D) Environmental, ecological, or watershed restoration projects; (E) Beach nourishment or enhancement projects; and (F) Soft shore bank stabilization projects. (iii) Permitted fill activities must comply with the following standards: (A) Demonstration that alternatives to fill are not feasible; (B) Demonstration that fill shall be deposited so as to minimize disruption of normal surface and ground water passage; (C) Demonstration that fill materials shall be of such quality that it will not adversely affect water quality; (D) Demonstration that fill shall allow surface water penetration into the ground water supply, where such conditions existed prior to the fill; and (E) Demonstration that fill timing will minimize damage to water quality and aquatic life. (iv) Fill, except for beach nourishment, shall be prohibited in areas of high shoreline erosion potential. (v) Fill located waterward of the ordinary high water mark that results in a net loss of shoreline function is prohibited. 15.05.060 Environmental designations. (1) Purpose and establishment of designations. (a) The purpose of the designations is to differentiate between areas whose geographical, hydrological, topographical, or other features imply differing objectives regarding their use and future development. Each environment designation represents a particular emphasis in the type of uses and the extent of development that should occur within it. The environmental designation system is designed to encourage uses in each environment that enhance or are compatible with the character of the environment, while at the same time requiring reasonable standards and restrictions on development so that the character of the environment is not adversely impacted. (b) Names of environment designations. In order to accomplish the purpose of this title, environmental designations have been established as follows: (i) Shoreline residential. (ii) Urban conservancy. (iii) Natural. (c) Limits of environment designations. Each environment designation shall consist of: (i) The entire water body within city jurisdiction, including all water below the surface, the land below the water body, the space above the water body, and the shorelands associated with the water body. On the city's marine shoreline, environment EXHIBIT Page 22 of 71 City of Federal Way SMP — Title 15 Shore ineaA etn 'n - -. Passed by Resolution 10-597, October 19, 2010 with Ecolog AaaTngrees,O designations shall extend waterward from the ordinary high water mark to the line of extreme low tide. (ii) The shoreline areas within 200 feet of the ordinary high water mark and additional upland areas where associated wetlands and floodplains extend beyond 200 feet from the ordinary high water mark. (d) Establishment of designations. (i) The written descriptions of the boundaries of the shoreline environment designations as adopted by ordinance shall constitute the official legal descriptions of the boundaries of those environment designations. (ii) The official maps prepared by the city pursuant to Chapter 173-26 WAC shall constitute the official descriptions of the limits of all shorelands in the city of Federal Way as defined by RCW 90.58.030 and FWRC 15.05.030. (iii) The department may, from time to time, as new or improved information becomes available, modify the official maps described in subsection (1)(d)(ii) of this section consistent with state guidelines to more accurately represent, clarify, or interpret the true limits of the shorelines defined herein. (e) Location of boundaries. (i) Boundaries indicated as following streets, highways, roads, and bridges shall be deemed to follow the centerline of such facilities unless otherwise specified. (ii) Boundaries indicated as following railroad lines and transmission lines shall be deemed to follow the centerline of such rights-of-way or easements unless otherwise specified. (iii) Where different environmental designations have been given to a tributary and the main stream at the point of confluence, the environmental designation given to the main stream shall extend for a distance of 200 feet up the tributary. (iv) In case of uncertainty as to a wetland or environment boundary, the director of community development services shall determine its exact location pursuant to the criteria of WAC 173-22-040 and RCW 90.58.030, and the provisions of this title. (Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98. Code 2001 § 18-164.) 15.05.070 Summary of uses, approval criteria, and process (1) Uses not addressed in the program shall be conditional uses. (2) Specific regulations for each use/development are provided in subsequent sections for Shoreline Residential (FWRC 15.05.080), Urban Conservancy (FWRC 15.05.090), and Natural (FWRC 15.05.100) environments. All permitted and conditional uses may not appear in the permitted use table (FWRC 15.05.070(5)). In cases where uses are not listed, or conflicts exist with other section(s) of the Program, the text provisions shall control. (3) Prohibited uses. (a) The following uses are prohibited in all shoreline environments: (i) Commercial agriculture. (ii) Aquaculture. (iii) Forest practices. (iv) Industrial uses. (v) Mining. (b) Additional uses are prohibited in specific shoreline environments, as detailed by the permitted use table and FWRC 15.05.080, 15.05.090, and 15.05.100. (4) Prohibited shoreline modifications. (JJ.. EXHIBIT Page 23 of 71 Passed by Resolution/10-597, October 19, 2010 ty of Federal Way SMP — with Ectle 15or i =ageme d- (a) The following shoreline modifications are prohibited in all shoreline environments: (i) Jetties. (ii) Groins. (b) Additional shoreline modifications are prohibited in specific shoreline environments, as detailed by the permitted use table and FWRC 15.05.080, 15.05.090, and 15.05.100. (5) Permitted use table: The following table summarizes the permitted, conditional, and prohibited uses for each shoreline environment. P = Allowed as exempt from permitting or permitted with substantial development permit C = May be allowed with shoreline conditional use permit X = Prohibited 1. Includes bulkheads, bio -engineered erosion control projects, and other shoreline stabilization activities. 2. Soft shore stabilization is permitted and hard armoring (e.g. bulkheads, rip rap) is subject to a shoreline conditional use permit. 3. Public piers and docks are allowed with a CUP. 4. Floating breakwaters are allowed with a shoreline conditional use permit, and only when used to protect a public boat launch. Non -floating breakwaters are prohibited. 5. Dredging and all fill waterward of the OHWM requires a conditional use permit. 6. Solid waste transfer stations and cellular towers are prohibited in all shoreline environments. 7. Parking as a primary use is prohibited in all shoreline environments, but allowed if serving an allowed shoreline use. 8. Multi -family residential development is prohibited within the Natural environment. 9. Non -water oriented recreational development is prohibited in the Natural environment. (6) Standards table: The following table summarizes siting, design, and dimensional standards of this Program, as specified within FWRC 15.05.040, Page 24 of 71 City of Federal Way SMP — Title 15 Sh � I Alnt - Passed by Resolution 10-597, October 19, 2010 with Ecolo hanges ') L_ Shoreline Stabilization' P P/C2 X Piers, and Docks P/C3 P/C3 X Mooring Buoys and Floats P P X Boating Facilities C C4 X Floating Breakwaters4 C X X Dredging and Filling P/C5 PIC 5 X Office and Commercial X C X Development Recreational Development P P P/X9 Residential Development P P C8 Accessory Structures P P C Utilitiess P P C Transportation / Parking P P C facilities7 P = Allowed as exempt from permitting or permitted with substantial development permit C = May be allowed with shoreline conditional use permit X = Prohibited 1. Includes bulkheads, bio -engineered erosion control projects, and other shoreline stabilization activities. 2. Soft shore stabilization is permitted and hard armoring (e.g. bulkheads, rip rap) is subject to a shoreline conditional use permit. 3. Public piers and docks are allowed with a CUP. 4. Floating breakwaters are allowed with a shoreline conditional use permit, and only when used to protect a public boat launch. Non -floating breakwaters are prohibited. 5. Dredging and all fill waterward of the OHWM requires a conditional use permit. 6. Solid waste transfer stations and cellular towers are prohibited in all shoreline environments. 7. Parking as a primary use is prohibited in all shoreline environments, but allowed if serving an allowed shoreline use. 8. Multi -family residential development is prohibited within the Natural environment. 9. Non -water oriented recreational development is prohibited in the Natural environment. (6) Standards table: The following table summarizes siting, design, and dimensional standards of this Program, as specified within FWRC 15.05.040, Page 24 of 71 City of Federal Way SMP — Title 15 Sh � I Alnt - Passed by Resolution 10-597, October 19, 2010 with Ecolo hanges ') L_ 15.05.050, 15.05.080, 15.05.090, 15.05.100 for general shoreline regulations, shoreline modifications, and shoreline uses. General standards for all development and uses (further detailed by specific use requlations below) Shoreline setbacksZ Vegetation conservation area Shoreline setbacksZ Associated overwater structures Shoreline setbacksZ Density 35 feet 50 feet from OHWM or as required for protection of critical areas, whichever is greater Conserve 58% 70% (minimum) of native vegetation and 6816 70% (minimum) of native trees in setback N/A (Prohibited) Single-family: 50 feet from OHWM or as required for protection of critical areas, whichever is greaten Multi -family: 75 feet from OHWM or as required for protection of critical areas, whichever is greaten Subject to underlying zoning (typically 7,000 to 10,000 sq ft minimum lot size; limited areas of multi- family residential zoning, 1,800 sq ft minimum lot 35 feet 50 feet from OHWM or as required for protection of critical areas, whichever is Conserve 78°6 85% (minimum) of native vegetation and 78-14 80% (minimum) of native trees in setback 75 feet from OHWM oras required for protection of critical areas, whichever is Prohibited, unless providing public access Single-family: 50 feet from OHWM or as required for protection of critical areas, whichever is greaten (no multi -family zoning in this environment) Subject to underlying zoning (7,000 to 10,000 sq ft minimum lot size) 35 feet 100 feet from OHWM or as required for protection of critical areas, whichever is greater Conserve 100% of native vegetation and 100% of native trees in setback NIA (Prohibited) Single-family only, subject to CUP: 100 feet from OHWM or as required for protection of critical areas, whichever is greater Subject to underlying zoning (5 -acre minimum lot size) Height 8 feet 8 feet 8 feet Maximum 150 sf per structure; 150 sf per structure; 150 sf per structure; footprint 300 sf total per lot 300 sf total per lot 300 sf total per lot Shoreline Modifications Design . Nonstructural alternatives prioritized requirements a Creation of new land prohibited N/A (Prohibited) Page 25 of 71 • Located at or landward of ordinary high water EXHIBIT AGE:r.-.... p((.-� ,� G �-mak•.-.�...�. AGE: ✓ � a� City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology required changes Page 26 of 71 City of Federal Way SMP — Title Passed by Resolution 10-597, October 99, 2010 with 9 n gement_ co o y re uued c a� �� • Marine: creosote prohibited • Freshwater: chemically treated wood prohibited • Re -vegetation with native plants required • Maximum height is 1 foot above elevation of mean higher high water tidal / ordinaa hi h water lakes Sideyard Consistent w/ underlying zoning, except none when setbacks joint use Maximum Above water surface level: 5 feet height Siting and . Dwelling units prohibited on piers and docks design • Covered overwater structures prohibited requirements • Piers and docks oriented perpendicular to the shoreline • Piers and docks: must be constructed from materials that allow light penetration through the structure N/A (Prohibited) • Marine: creosote prohibited • Freshwater chemically treated wood prohibited • Public dock moorage limited to recreational uses • 1 dock per existing residential lot • 1 shared dock per new multi -family development, subdivision, or short subdivision (additional limitations on number of moorage spaces) • 1 float per existing residence / 1 shared dock per new multi -family development / subdivision /short subdivision Pier and dock • Residential piers and docks: maximum waterward dimensions, intrusion: based on length of nearest existing docks lake on either side of the proposed dock; never to exceed shorelines 36 feet from OHWM or length at 8 feet of depth below OHWM, whichever is reached first • 6 -foot maximum dock width 8 -foot for joint use Pier and dock • Maximum waterward intrusion from OHWM 75-100 dimensions, feet depending on use N/A (Prohibited) marine o 6 -foot maximum dock width shorelines • Minimum 45% transparency of decking Float • Maximum waterward intrusion: 45 feet from OHWM dimensions on lakes and • Maximum surface area: 100 SF standards • Use of gratin on at least 30% of surface area Dimensions • No more than 60 feet waterward from OHWM and standards • No more than 8 feet below OHWM • No more than 1 ramp per shoreline development • Shall not be allowed for developments with existing N/A (Prohibited) pier, dock, float, or other functional moorage. Piers, docks, floats, or other forms of moorage shall not be permitted for developments with existing launch facilities. Page 26 of 71 City of Federal Way SMP — Title Passed by Resolution 10-597, October 99, 2010 with 9 n gement_ co o y re uued c a� �� 1. Maximum heights may be increased pursuant to the Shoreline Environment -specific regulations of this Program (FWRC 15.05.080(3), 15.05.090(3), and 15.05.100(3)). 2. Please refer to the Shoreline Environment -specific regulations of this Program for additional detail related to residential setbacks, including exceptions or modifications to the standard minimum setback (FWRC 15.05.080(3), 15.05.090(3), and 15.05.100(3)). 3. See additional review and approval criteria and design requirements in FWRC 15.05.050(1). 15.05.080 Shoreline residential environment. (1) Purpose. The purpose of the "shoreline residential" environment is to accommodate residential development and appurtenant structures that are consistent with this chapter. An additional purpose is to provide appropriate public access and recreational uses. (2) Designation criteria. Designation criteria for the shoreline residential environment are provided in the city's shoreline master program. (3) General requirements. (a) Development waterward of the ordinary high water mark is prohibited except water dependent recreational uses, permitted shoreline modifications, and public utilities. (b) No structure shall exceed the height allowed by the underlying zoning or 35 feet above average grade level, whichever is less. (i) This requirement may be modified if the view of any neighboring residences will not be obstructed, if permitted by the applicable provisions of the underlying zoning, and if the proposed development is water -related or water - dependent. For any proposed structure with a height exceeding 35 feet, a view analysis shall be completed and approved by the City to ensure that visual public access is not affected consistent with FWRC 15.05.040(7). (c) All development shall be required to provide adequate surface water retention, erosion control, and sedimentation facilities during the construction period. (d) Setbacks. Development shall maintain a minimum shoreline setback of the first 50 feet of property landward from the ordinary high water mark, or other designated minimum setback necessary to protect designated critical areas per FWRC 15.05.040(4), whichever is greater. This minimum setback area shall be retained as a vegetation conservation area, subject to provisions referenced in subsection (e). (e) Vegetation conservation area. The required setback area shall be considered a vegetation conservation area. Within the vegetation conservation area, no more than 50 30 percent of the area with existing native shoreline vegetation shall be cleared, and a minimum of 60 70 percent of existing native trees shall be retained. Trees determined by the city to be hazardous or diseased may be removed. Additionally, the director may allow removal of vegetation exceeding that described above where an applicant agrees to replacement plantings that are demonstrated to provide greater benefit to shoreline ecological processes than would be provided by strict application of this section. (f) Impact mitigation. All developments and uses shall result in no net loss of ecological functions and shall be consistent with the impact mitigation requirements of 15.05.040(1). (g) Collection facilities to control and separate contaminants shall be required where stormwater runoff from impervious surfaces would degrade or add to the pollution of recipient waters of adjacent properties. EXHIBIT - PAGE al OF- XHI ITPAGE®F -a Page 27 of 71 City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology required changes (h) All development in the shoreline residential area must comply with applicable regulations identified within the general development standards, shoreline modifications, and all other applicable sections of this chapter. (4) Shoreline modifications. (a) Allowed modifications to the shoreline within shoreline residential designated areas include the following: (i) Shoreline stabilization. Allowed within the shoreline residential designated areas under the requirements imposed by FWRC 15.05.040 and 15.05.050(1). (ii) Piers and docks. Allowed within shoreline residential designated areas under the requirements imposed by FWRC 15.05.040 and 15.05.050(2). (iii) Mooring buoys and floats. Allowed within shoreline residential designated areas under the requirements imposed by FWRC 15.05.040 and 15.05.050(2). (iv) Boating Facilities - launching ramps, rails, and lift stations. Permitted with a conditional use permit in parks and public access areas within the residential environment under the requirements imposed by FWRC 15.05.040 and 15.05.050(3). (v) Breakwaters. Floating breakwaters are allowed within the shoreline residential areas with a shoreline conditional use permit under the requirements imposed by FWRC 15.05.040 and 15.05.050(4). (vi) Dredging and filling. Allowed within shoreline residential designated areas with a shoreline conditional use permit under the requirements imposed by FWRC 15.05.040 and 15.05.050(5). (b) Prohibited modifications to the shoreline within shoreline residential designated areas include the following: (i) Jetties and groins. (5) Shoreline uses. (a) Allowed uses within shoreline residential designated areas include the following: (i) Residential development. Single -family residential use shall be a priority use in the shoreline environment. Single -family and multiple-family residential development, accessory dwelling units, and home occupations may be permitted in the shoreline residential environment subject to the following: (A) The proposed use is permitted in the underlying zone classification. (B) Residential development is prohibited waterward of the ordinary high water mark. (C) Setbacks. (1) Single -family residential development on marine shorelines shall maintain a minimum shoreline setback of 50 feet from the ordinary high water mark. Single -family residential development on lake shorelines shall maintain a minimum setback behind the stringline setback or 50 feet from the ordinary high water mark, whichever is greater. If the site contains one or more designated critical areas, the setback shall be the minimum necessary to protect such designated critical areas per FWRC 15.05.040(4), or the stringline setback, or 50 feet from the ordinary high water mark, whichever is greater. Where critical area setbacks do not apply, the standard 50 foot minimum setback may be modified pursuant to the following exception: (a) If single -family residential development is proposed on a lot where properties on at least one side of the lot are developed in single -family residences located less than 50 feet from the ordinary high water mark, then the proposed residential development may be located the same distance from the ordinary high water mark as the adjacent residences (using the stringline setbackas Page 28 of 71 City of Federal Way SMP— Title fig - I=a agement-.- Passed by Resolution 10-597, October 19, 2010 with rglIGTired charoF defined in FWRC 15.05.030), but shall in no case be closer than 30 feet from the ordinary high water mark. (II) Multi-family residential development on marine shorelines shall maintain a minimum setback of 75 feet from the ordinary high water mark. Multi-family residential development on lake shorelines shall maintain a minimum setback behind the stringline setback or 75 feet from the ordinary high water mark, whichever is greater. If the site contains one or more designated critical areas, the setback shall be the minimum necessary to protect such designated critical areas per FWRC 15.05.040(4), or the stringline setback, or 75 feet from the ordinary high water mark, whichever is greater. Where critical area setbacks do not apply, the standard 75-foot minimum setback may be modified pursuant to the following exception: (a) if multi-family residential development is proposed on a lot where properties on at least one side of the lot are developed in multi-family residential uses located less than 75 feet from the ordinary high water mark, then the proposed residential development may be located the same distance from the ordinary high water mark as the adjacent residential uses (using the stringline setback method as defined in FWRC 15.05.030) but shall be no closer than 50 feet from the ordinary high water mark. (D) Public access. In review of all shoreline permits or developments of more than four residential lots or dwelling units, or subdivision of land into more than four lots, consideration of public access shall be required consistent with FWRC 15.05.040(7). (E) Where allowed consistent with underlying zoning, subdivision of land shall be configured through the orientation of lots to: (1) Prevent the loss of ecological functions at full build-out by providing adequate developable space outside of setbacks; and (II) Avoid the need for new shoreline stabilization and flood hazard reduction measures. (ii) Accessory structures. Residential accessory structures may be placed within the required shoreline setback, provided: (A) No accessory structure shall cover more than 150 square feet. (B) No more than 300 square feet of accessory structures shall be allowed. (C) No accessory structure shall exceed eight feet in height. (D) Existing native shoreline vegetation within the shoreline setback is conserved as per general requirements (3)(d) and (e). (iii) Recreational development. Recreational development may be permitted in the shoreline residential environment subject to the general requirements of this chapter, provided: (A) The recreational development is permitted in the underlying zone. (B) The facilities are located, designed, and operated in a manner consistent with the purpose of the residential environment. (C) Recreational development that provides public access to and use of the water shall be given priority. (D) Recreational development shall provide mitigation consistent with the general requirements of this chapter and shall lead to no net loss of ecological functions. (E) Swimming areas shall be separated from boat launch areas. (F) Boat launching facilities may be developed, subject to a shoreline conditional use permit, provided: Page 29 of 71 City of Federal Way SMP — Title 15 i J lAblum6w ^� ` Passed by Resolution 10-597, October 19, 2010 with E"(3LDd Chang ss F (1) The parking and traffic generated by such a facility can be safely and conveniently handled by the streets and areas serving the proposed facility. (II) The facility will not be located on a beach area or cause net loss in shoreline function. (G) Upland facilities constructed in conjunction with a recreational development shall be set back and/or sited to avoid adverse impacts to the functions of the shorelines of the city. (H) Public pedestrian and bicycle pathways shall be permitted adjacent to water bodies. Such trails and pathways must be made of pervious materials, if feasible. (1) Public contact with unique and fragile areas shall be permitted where it is possible without destroying the natural character of the area. (J) Water viewing, nature study, recording, and viewing shall be accommodated by space, platforms, benches, or shelter consistent with public safety and security. (iv) Utilities. Utility facilities, with the exception of cellular towers, solid waste transfer stations, and production and processing facilities, may be permitted in the shoreline residential environment subject to the requirements of this chapter, provided: (A) No other practicable alternative location outside of the shoreline jurisdiction with less impact to the environment is available for the facility. (B) Utility and transmission facilities shall: (1) Avoid disturbance of unique and fragile areas. (11) Avoid disturbance of wildlife spawning, nesting, and rearing areas. (III) Conserve native shoreline vegetation, particularly forested areas, to the maximum extent possible. (IV) Overhead utility facilities shall not be permitted in public parks, monuments, scenic, recreation, or historic areas. (V) Minimize visual impact. (VI) Harmonize with or enhance the surroundings. (VII) Not create a need for shoreline protection. (VIII) Utilize to the greatest extent possible natural screening. (IX) Mitigate for unavoidable impacts to achieve no net loss of shoreline ecological functions. (X) Be located in existing utility and transportation rights-of-way whenever feasible. (C) The construction and maintenance of utility facilities shall be done in such a way so as to: (1) Maximize the preservation of natural beauty and the conservation of resources. (II) Minimize scarring of the landscape. (111) Minimize siltation and erosion. (IV) Protect trees, shrubs, grasses, natural features, and topsoil. (V) Avoid disruption of critical aquatic and wildlife stages. (D) Rehabilitation of areas disturbed by the construction and/or maintenance of utility facilities shall: (1) Be accomplished as rapidly as possible to minimize soil erosion and to maintain plant and wildlife habitats. (II) Utilize native trees and shrubs. (E) Solid waste transfer stations are prohibited within shoreline jurisdiction. (F) Cellular or wireless towers are prohibited within sh rel" " ' i qti ion. _._. k,._..�.. .. . Page 30 of 71 City of Federal Way SMP - Title 15 a nagemqpth Passed by Resolution 10-597, October 19, 2010 with Ea (v) Transportation and parking facilities. Transportation and parking, except parking facilities associated with detached single-family development, shall conform to the following minimum requirements: (A) Transportation corridors shall be developed consistent with the Transportation Element of the Federal Way Comprehensive Plan (FWCP) and designed to provide the best service with the least possible impact on shoreline ecological function. Impacts to functions shall be mitigated to achieve no net loss of ecological functions. (B) New road construction shall be the minimum necessary to serve a permitted shoreline use. (C) New public transportation facilities shall provide turnout areas for scenic stops where feasible. (D) Parking facilities serving individual buildings on the shoreline shall be located landward from the principal building being served, except when the parking facility is within or beneath the structure and adequately screened, or in cases when an alternate location would have less environmental impact on the shoreline. (E) New surface transportation facilities not related to and necessary for the support of shoreline activities shall be located outside the shoreline jurisdiction if possible, or set back from the ordinary high water mark far enough to make protective measures such as riprap or other bank stabilization, landfill, or substantial site regrade unnecessary. (F) Maintenance, repair, replacement, or other roadway improvements (including but not limited to widening to serve existing or projected volumes, installation of curb and gutter, sidewalks, illumination, signals) to existing surface transportation facilities shall be allowed within shoreline residential designated areas. Improvements that create a need for protective measures such as riprap or other bank stabilization, landfill, or substantial site regrade shall not be permitted unless no alternative exists and impacts to shoreline ecological functions are mitigated. (G) Any new development or expansion of existing development creating greater than six total parking stalls must meet the water quality standards required by the King County Surface Water Manual for "high use" sites and "resource stream protection." (H) Outdoor parking area perimeter, excluding entrances and exits, must be maintained as a planting area with a minimum width of five feet. (1) One live tree with a minimum height of four feet shall be required for each 30 linear feet of planting area. (ll) One live shrub of one -gallon container size, or larger, for each 60 linear inches of planting area shall be required. (Ili) Additional perimeter and interior landscaping of parking areas may be required, at the discretion of the director, when it is necessary to screen parking areas or when large parking areas are proposed. (1) Parking as a primary use in shoreline jurisdiction shall be prohibited. (J) Parking in the shoreline jurisdiction shall directly serve a permitted shoreline use and environmental and visual impacts shall be minimized. (K) Transportation and parking facilities for subdivision, multi -family residential, and commercial uses shall incorporate low impact development (LID) designs to minimize stormwater runoff. (L) Transportation facilities shall not adversely impact existing or planned water dependent uses." XH I B `�_ Page 31 of 71 City of Federal Way SMP— Title 15 orel" a nageme F Passed by Resolution 10-597, October 19, 2010 with EcRACWkW �J (b) In addition to those uses prohibited in all shoreline environments by FWRC 15.05.070(3) of this chapter, the following uses are prohibited uses within shoreline residential designated areas: (i) Office and commercial development. 15.05.090 Urban conservancy environment. (1) Purpose. The purpose of the "urban conservancy" environment is to protect and restore ecological functions of open space, flood plain, and other sensitive lands where they exist in urban and developed settings, while allowing a variety of compatible uses. Priority should be given to water -oriented uses over non -water -oriented uses in the urban conservancy environment. Residential development and appurtenant structures should be accommodated in the urban conservancy environment when consistent with existing land use and zoning, and when consistent with this chapter. An additional purpose is to provide appropriate public access and recreational uses. (2) Designation criteria. Designation criteria for the urban conservancy environment are provided in the city's shoreline master program. (3) General requirements. (a) Development waterward of the ordinary high water mark is prohibited except water dependent recreational uses, permitted shoreline modifications, and public utilities. (b) No structure shall exceed the height allowed by the underlying zoning or 35 feet above average grade level, whichever is less. This requirement may be modified if the view of any neighboring residences will not be obstructed, if permitted by the applicable provisions of the underlying zoning, and if the proposed development is water -related or water -dependent. For any proposed structure with a height exceeding 35 feet, a view analysis shall be completed and approved by the City to ensure that visual public access is not affected consistent with FWRC 15.05.040(7). (c) All development shall be required to provide adequate surface water retention and sedimentation facilities during the construction period. (d) Setbacks. Development shall maintain a minimum shoreline setback of the first 50 feet of property landward from the ordinary high water mark or other designated minimum setback necessary to protect designated critical areas per FWRC 15.04.040(4), whichever is greater. This minimum setback area shall be retained as a vegetation conservation area, subject to provisions referenced in subsection (e). (e) Vegetation conservation area. The required setback area shall be considered a vegetation conservation area. Within the vegetation conservation area, no more than 3015 percent of the area with existing native shoreline vegetation shall be cleared, and a minimum of 70 80 percent of existing native trees shall be retained. Trees determined by the city to be hazardous or diseased may be removed. Additionally, the director may allow removal of vegetation exceeding that described above where an applicant agrees to replacement plantings that are demonstrated to provide greater benefit to shoreline ecological processes than would be provided by strict application of this section. (f) Impact mitigation. All developments and uses shall result in no net loss of ecological functions and shall be consistent with the impact mitigation requirements of 15.05.040(1). (4) Shoreline modifications. (a) Allowed modifications to the shoreline within urban conservancy designated areas include the following: A 32 Page 32 of 71 City of Federal Way SMP —Title 9 S uIvro ragem Passed by Resolution 10-597, October 19, 2010 with Ecology required changes (i) Shoreline Stabilization. Allowed within urban conservancy designated areas and the requirements imposed by FWRC 15.05.040 and 15.05.050(1). (ii) Piers and docks. Allowed within urban conservancy designated areas under the requirements imposed by FWRC 15.05.040 and 15.05.050(2). (iii) Mooring buoys and floats. Allowed within urban conservancy designated areas under the requirements imposed by FWRC 15.05.040 and 15.05.050(2). (iv) Boating facilities - launching ramps, rails, and lift stations. Permitted with a shoreline conditional use permit in parks and public access areas within the urban conservancy environment under the requirements imposed by FWRC 15.05.040 and 15.05.050(3). (v) Breakwaters. Floating breakwaters are allowed within the urban conservancy designated areas with a shoreline conditional use permit under the requirements imposed by FWRC .15.05.040 and 15.05.050(4). (vi) Dredging and filling. Allowed within urban conservancy designated areas with a shoreline conditional use permit under the requirements imposed by FWRC 15.05.040 and 15.05.050(5). (b) Prohibited modifications to the shoreline within urban conservancy designated areas include the following: (i) Jetties and groins. (5) Shoreline Uses. (a) Allowed uses within urban conservancy designated areas include the following: (i) Residential development. Allowed within urban conservancy designated areas under the requirements imposed within FWRC 15.05.080(5)(a)(i), with the following additional restrictions: (A) Setbacks. Residential development on marine shorelines shall maintain a minimum setback of 50 feet from the ordinary high water mark, or other established minimum setback necessary to protect designated critical areas per FWRC 15.05.040(4), whichever is greater. Residential development on lake shorelines shall maintain a setback behind the stringline setback, or 50 feet from the ordinary high water mark, or other established minimum setback necessary to protect designated critical areas per FWRC 15.05.040(4), whichever is greater. Exceptions to minimum setback requirements included in FWRC 15.05.080(5)(a)(i)(C), for both single-family and multi- family development, shall apply. (B) Accessory structures. Allowed within urban conservancy designated areas under the requirements imposed by FWRC 15.05.080(5)(a)(ii). (ii) Recreational development. Recreational development may be permitted in the urban conservancy environment subject to the general requirements of this chapter and under the requirements imposed by FWRC 15.05.080(5)(a)(iii). (iii) Utilities. Allowed within urban conservancy designated areas under the requirements and restrictions imposed by FWRC 15.05.080(5)(a)(iv). (iv) Transportation and parking facilities. Allowed within urban conservancy designated areas under the requirements imposed by FWRC 15.05.080(5)(a)(v). (v) Office and commercial development. Office and commercial development may be allowed with conditional use approval in the urban conservancy environment subject to the requirements of this chapter, provided: (A) The office or commercial use or activity is permitl jt�g,yff �ing zoning classification. t ��--jj f OF Page 33 of 71 City of Federal Way SMP — Title 1 �Ah rgtn� int' Passed by Resolution 10-597, October 19, 2010 with Ecology required changes (B) Public access is provided consistent with the requirements of FWRC 15.05.040(7). (C) Non -water -oriented office and commercial uses are prohibited uses unless they meet one or more of the following criteria: (1) The use is part of a mixed-use project that includes water - dependent uses and provides a significant public benefit such as providing public access and/or ecological restoration; or navigability is severely limited at the proposed site. (II) In areas designated for commercial use, non -water -oriented commercial development may be allowed if the site is physically separated from the shoreline by another property or public right-of-way. (III) Office and commercial development will not result in a net loss of shoreline ecological functions or have significant adverse impact to other shoreline uses, resources, and values provided for in RCW 90.58.020 such as navigation, recreation, and public access. (D) Office and commercial development on marine shorelines shall maintain a setback of 75 feet from the ordinary high water mark, or other established minimum setback necessary to protect designated critical areas per FWRC 15.05.040(4), whichever is greater. Office and commercial development on lake shorelines shall maintain a setback behind the stringline setback, or 75 feet from the ordinary high water mark, or other established minimum setback necessary to protect designated critical areas per FWRC 15.05.040(4), whichever is greater. The minimum setback may be reduced using the stringline method, when applicable, but in no case shall the minimum setback be less than 50 feet from the ordinary high water mark. (E) Piers, docks, moorages, buoys, floats, and launching facilities will not be permitted in conjunction with office or commercial development; unless they are developed as part of on-site public access to the shoreline. (F) Additional water quality standard must be met as per FWRC 15.05.040(3). 15.05.100 Natural environment. (1) Purpose. The purpose of the "natural environment" is to protect those shoreline areas that are relatively free of human influence, or that include intact or minimally degraded shoreline functions intolerant of human use. These systems require that only very low intensity uses be allowed in order to maintain ecological functions and ecosystem -wide processes. Consistent with the policies of the designation, the city shall plan for restoration of degraded shorelines within this environment. (2) Designation criteria. Designation criteria for the natural environment are provided in the city's shoreline master program. (3) General requirements. (a) Development waterward of the ordinary high water mark is prohibited except water dependent recreational uses and public utilities. (b) No structure shall exceed the height allowed by the underlying zoning or 35 feet above average grade level, whichever is less. This requirement may be modified if the view of any neighboring residences will not be obstructed, if permitted by the applicable provisions of the underlying zoning, and if the proposed development is water -related or water -dependent. For any proposed structure with a height exceeding 35 feet, a view analysis shall be completed and approved by the City to ensure that visual public access is not affected consistent with FWRC 15.05.040(76 ��Y Page 34 of 71 City of Federal Way SMP — Title 15 Shoreline a a La Passed by Resolution 10-597, October 19, 2010 with Eco/cFWAeEchanges O I FD (c) All development shall be required to provide adequate surface water retention and sedimentation facilities during the construction period. (d) Setbacks. Development shall maintain a minimum shoreline setback of the first 100 feet of property landward from the ordinary high water mark, or other established minimum setback necessary to protect designated critical areas per FWRC 15.05.040(4), whichever is the greater setback as a vegetation conservation area subject to provisions referenced in subsection (e). (e) Vegetation conservation area. The required setback area shall be considered a vegetation conservation area. Within the vegetation conservation area, no native shoreline vegetation shall be cleared, and all existing native trees shall be retained. Trees determined by the city to be hazardous or diseased may be removed. Additionally, the director may allow removal of vegetation exceeding that described above where an applicant agrees to replacement plantings that are demonstrated to provide greater benefit to shoreline ecological processes than would be provided by strict application of this section. (f) Impact mitigation. All developments and uses shall result in no net loss of ecological functions and shall be consistent with the impact mitigation requirements of 15.05.040(1). (4) Shoreline modifications. The following shoreline modifications are prohibited within the natural designated shoreline areas: (a) Shoreline stabilization; (b) Piers, docks, moorages, buoys, and floats; (c) Boating facilities - launching ramp, rails, and lift stations; (d) Breakwaters, jetties, and groins; and (e) Dredging and filling. (5) Shoreline Uses. (a) Allowed uses within natural designated areas include: (i) Residential development. Multi -family residential uses are prohibited in the natural environment. Single-family residential development and residential accessory structures may be permitted in the natural environment with a shoreline conditional use permit with the following additional restrictions: (A) Allowed only where single-family residential development is permitted in the underlying zone classification. (B) Single-family residential development is prohibited waterward of the ordinary high water mark. (ii) Recreational development. Allowed within the natural designated areas subject to the limitations of FWRC 15.05.100(4) and provided: (A) The recreational development is permitted in the underlying zone. (B) Non -water -oriented recreational uses and development are prohibited within the natural designated areas. (C) The recreational development is located, designed, and operated in a manner consistent with the purpose of the natural environment with a focus on passive recreation. (D) Recreation development shall provide mitigation consistent with the general requirements of this chapter and shall lead to no net loss of shoreline ecological functions. (E) The parking and traffic generated by such a facility can be safely and conveniently handled by the streets and areas serving the proposed development. Page 35 of 71 City of Federal Way SMP – Title 1 I' gement Passed by Resolution 10-597, October 19, 2010 with E r - — (F) Upland facilities constructed in conjunction with a recreational development shall be set back and/or sited to avoid adverse impacts to the functions of the shorelines of the city. (G) Public pedestrian and bicycle pathways shall be made of pervious materials. (iii) Utilities. Allowed within the natural designated areas with a shoreline conditional use permit under the requirements and restrictions imposed within FWRC 15.05.080(5)(a)(iv). (iv) Transportation and parking facilities. Allowed in the natural environment only when necessary to serve an allowed use and subject to the approval of a conditional use permit. Approved facilities must, at a minimum, meet the requirements and restrictions imposed within FWRC 15.05.080(5)(a)(v). (v) Low intensity public uses. Low intensity public uses including scientific, historical, cultural, and educational research uses are allowed under the general requirements for the natural environment (FWRC 15.05.100(3)) and provided that ecological impacts are avoided. (b) In addition to those uses prohibited in all shoreline environments by FWRC 15.05.070(3) of this chapter, the following uses are prohibited uses within natural designated areas: (i) Boating facilities; (ii) Multi -family residential development; (iii) Office and commercial development. Article III. Administrative Procedures 15.05.110 Shoreline management permit and enforcement procedures, adoption by reference. The city of Federal Way hereby adopts by reference the following sections or subsections of Chapter 173-27, as amended, of the Washington Administrative Code ("WAC") entitled Shoreline Management Permit and Enforcement Procedures. WAC: (1) 173-27-020 Purpose (2) 173-27-040 Developments exempt from substantial development permit requirement (3) 173-27-130 Filing with department (4) 173-27-270 Order to cease and desist (5) 173-27-280 Civil penalty (6) 173-27-290 Appeal of civil penalty (7) 173-27-300 Criminal penalty 15.05.120 Permit processing and public notice. An application fora shoreline development permit shall be made to the department of community development on forms prescribed by the department. Public notice shall be provided as follows: (1) An application for a substantial development permit requires public notice as prescribed in Process III, Chapter 19.65 FWRC. (2) An application for a shoreline conditional use permit or shoreline variance requires public notice as prescribed in Process IV, Chapter 19.70 FWRC. City of Federal Way SMP — 7itlew3tlo�l Passed by Resolution 10-597, October 19, 2010 witt"95JfUi d ch^ Page 36 of 71 (Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98; Ord. No. 97-291, § 3, 4- 1-97; Ord. No. 90-38, § 1(24.40), 2-27-90. Code 2001 § 18-169.) 15.05.130 Shoreline exemption. (1) The purpose of a shoreline exemption is to provide an approval process for uses and activities which do not trigger the need for a substantial development permit, but require compliance with the shoreline guidelines and the goals, policies, and other provisions of the city's shoreline master program. A use or activity that qualifies for an exemption may require a Shoreline Variance (FWRC 15.05.160), or a Shoreline Conditional Use Permit (FWRC 15.05.170). An exemption from the substantial development permit process is not an exemption from compliance with any other applicable regulatory requirements. (2) To qualify for an exemption, the proposed use, activity, or development must meet the requirements for an exemption as described in WAC 173-27-040. (3) If the proposed development meets the requirements for an exemption, the applicant shall submit a request for an exemption to the director of community development services for review and approval. The request shall indicate the specific exemption provision from WAC 173-27-040 that is being applied to the development. The city shall review the request and provide a summary of the analysis demonstrating consistency of the project with the Federal Way shoreline master program and the Shoreline Management Act. The city shall prepare a statement of exemption, provided the proposal meets exemption criteria. The burden of proof that a development or use is exempt from the permit process is on the applicant. If any part of the development is not eligible for exemption, then a substantial development permit is required for the entire proposed development. (a) The director may attach conditions to the approval of exempted developments and/or uses as necessary to assure consistency of the project with the Shoreline Management Act and the Federal Way shoreline master program, per WAC 173-27- 040(e). For example, in the case of development subject to a building permit, but exempt from the shoreline permit process, the building official or other permit authorizing official, through consultation with the director, may attach shoreline management terms and conditions to building permits and other permit approvals pursuant to RCW 90.58.140. (b) Where shoreline development proposals are subject to review, approval, and permitting by a federal or state agency, the director shall prepare a statement of exemption, addressed to the applicant, the federal or state permitting agency, and ecology. 15.05.140 Application requirements. Complete application. A complete application for a substantial development, shoreline conditional use, or shoreline variance permit shall contain, as a minimum, the following information: (1) The name, address, and phone number of the applicant. The applicant should be the owner of the property or the primary proponent of the project and not the representative of the owner or primary proponent. (2) The name, address, and phone number of the applicant's representative if other than the applicant. (3) The name, address, and phone number of the property owner, jLgtppr, t ante applicant. C X I'1 13 I _ Page 37 of 71 Ci of Federal WaySMP — Title 15 na eme " 9 Passed by Resolution 10-597, October 19, 2010 with Ecology requ red�anges� (4) Location of the property. This shall, at a minimum, include the property address, parcel number, and identification of the section, township, and range to the nearest quarter, quarter section, or latitude and longitude to the nearest minute. All applications for projects located in open water areas away from land shall provide a longitude and latitude location. (5) Identification of the name of the shoreline (water body) that the site of the proposal is associated with. This should be the water body from which jurisdiction of the act over the project is derived. (6) A general description of the proposed project that includes the proposed use or uses and the activities necessary to accomplish the project. (7) A general description of the property as it now exists, including its physical characteristics and improvements and structures. (8) A general description of the vicinity of the proposed project, including identification of the adjacent uses, structures, and improvements, intensity of development, and physical characteristics. (9) A site development plan consisting of maps and elevation drawings, drawn to an appropriate scale to depict clearly all required information, photographs, and text which shall include: (a) The boundary of the parcel(s) of land upon which the development is proposed. (b) The ordinary high water mark of all water bodies located adjacent to or within the boundary of the project. This may be an approximate location provided, that for any development where a determination of consistency with the applicable regulations requires a precise location of the ordinary high water mark the mark shall be located precisely and the biological and hydrological basis for the location as indicated on the plans shall be included in the development plan. Where the ordinary high water mark is neither adjacent to or within the boundary of the project, the plan shall indicate the distance and direction to the nearest ordinary high water mark of a shoreline. (c) Existing and proposed land contours. The contours shall be at intervals sufficient to accurately determine the existing character of the property and the extent of proposed change to the land that is necessary for the development. Areas within the boundary that will not be altered by the development may be indicated as such and contours approximated for that area. (d) A delineation of all wetland areas that will be altered or used as a part of the development. (e) A general indication of the character of vegetation found on the site. (f) The dimensions and locations of all existing and proposed structures and improvements including but not limited to: buildings, paved or graveled areas, roads, utilities, septic tanks and drainfields, material stockpiles or surcharge, and stormwater management facilities. (g) Where applicable, a landscaping plan for the project. (h) Where applicable, plans for development of areas on- or off-site as mitigation for impacts associated with the proposed project shall be included and contain information consistent with the requirements of this section. (i) Quantity, source, and composition of any fill material that is placed on the site whether temporary or permanent. (j) Quantity, composition, and destination of any excavated or dr d e yial- DF-1 8 Page 38 of 71 City of Federal Way SMP — Title 15 Lh�an 6O C Passed by Resolution 10-597, October 19, 2010 with Ecology required changes (k) A vicinity map showing the relationship of the property and proposed development or use to roads, utilities, existing developments, and uses on adjacent properties. (1) Where applicable, a depiction of the impacts to views from existing residential uses and public areas. (m) On all variance applications the plans shall clearly indicate where development could occur without approval of a variance, the physical features and circumstances on the property that provide a basis for the request, and the location of adjacent structures and uses. (n) Summary of how the proposal meets relevant decisional criteria.. (o) Additional information as requested by the city. (10) Where applicable, a shoreline assessment and mitigation report prepared by a qualified professional, which at a minimum, includes the following: (a) Site plan and cross-sections of development and critical areas and critical salmonid habitat identified. (b) A detailed description of proposed development. (c) Identification of any species of local importance, priority species, or endangered, threatened, or sensitive species that have documented or observed habitat on or adjacent to the project area. (d) An assessment of potential impacts the proposal may have on fish and wildlife species, critical areas, and critical salmonid habitats. (e) A discussion of any federal, state, or local management recommendations, including Washington Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitats located on or adjacent to project area. (f) A discussion of mitigation measures that have been implemented to avoid and minimize adverse impacts to fish and wildlife species and habitats, critical areas, and critical salmonid habitat. The mitigation must also include a mitigation plan showing the area of mitigation and detailed mitigation measures, such as habitat features and planting of native vegetation. (g) A discussion of monitoring, maintenance, and contingency measures to accompany the mitigation plan. 15.05.150 Shoreline substantial development permit. (1) The purpose of a substantial development permit is to provide an approval process for any development with a total cost or fair market value exceeding $5,718, or any development which materially interferes with the normal public use of the water or shorelines of the state, except those exempted developments set forth in the preceding section, consistent with WAC 173-27-040. The substantial development dollar threshold on the adoption date of this Program is five -thousand seven -hundred and eighteen dollars ($5,718). Under current law, the substantial development dollar threshold will be recalculated every five years by the Washington State Office of Financial Management (OFM). OFM posts updated dollar thresholds in the Washington State Register. (2) When a substantial development permit is requested, the permit shall be reviewed under the provisions of Process 111, Chapter 19.65 FWRC, and the director of community development shall be the final approval authority for the city of Federal Way. (3) A substantial development permit shall be granted by the director only when the development proposed is consistent with the EXHIBIT ' Page 39 of 77 City of Federal Way SMP — Title 15 R A F�11 Passed by Resolution 10-597, October 19, 2010 with Ecology required changes (a) Goals, objectives, policies, and use regulations of the Federal Way shoreline master program; (b) Federal Way comprehensive plan and city code; and (c) The policies, guidelines, and regulations of the shoreline management act (RCW 90.58, WAC 173-26, and WAC 173-27). (4) The director may attach conditions to the approval of permits as necessary to assure consistency of the proposal with the above criteria. 15.05.160 Shoreline variance. (1) The purpose of a shoreline variance is to grant relief to specific bulk, dimensional, or performance standards set forth in the shoreline master program, where there is an extraordinary or unique circumstance relating to the property such that the strict implementation of the shoreline master program would impose unnecessary hardship on the applicant or thwart the policies of the shoreline management act. (2) When a variance is requested, the substantial development permit, if required, and the variance, shall be reviewed under the provisions of Process IV, Chapter 19.70 FWRC, and the hearing examiner shall be the final approval authority for the city of Federal Way. The Department of Ecology shall be the final approval authority under WAC 173-27-200. (3) A variance from the standards of the master program may be granted only when the applicant can demonstrate that all the following conditions will apply: (a) That the strict requirements of the bulk, dimensional, or performance , standards set forth in the master program precludes or significantly interferes with a reasonable use of the property not otherwise prohibited by the master program; (b) That the hardship described above is specifically related to the property and is the result of unique conditions, such as irregular lot shape, size, or natural features, and the application of the master program, and not for example, from deed restriction or the applicant's own actions; (c) That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties or the shoreline environment; (d) That the variance authorized does not constitute a grant of special privilege not enjoyed by other properties, and will be the minimum necessary to afford relief; (e) That the public interest will suffer no substantial detrimental effect; (f) That the public rights of navigation and use of the shorelines will not be adversely affected by the granting of the variance when the proposal is for development located waterward of the ordinary high water mark, or within wetlands, estuaries, marshes, bogs, or swamps; and (g) That consideration has been given to the cumulative effect of like actions in an area where similar circumstances exist, and whether this cumulative effect would be consistent with shoreline policies or would have substantial adverse effects on the shoreline. (4) Shoreline variances may not be used to permit a use that is specifically prohibited in an environment, or to vary uses permitted within an environmental designation. (Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98; Ord. No. 97-291, § 3, 4- 1-97; Ord. No. 90-38, § 1(24.60.10 — 24.60.40), 2-27-90. Code 2001 § 18-171.) 15.05.170 Conditional uses. E XH I S 17 - �. Page 40 of 71 City of Federal Way SMP - Title f %GE-4O-QFa Passed by Resolution 10-597, October 19, 2010 with Ecology required changes (1) The purpose of the conditional use permit is to provide greater flexibility in varying the application of the use regulations of the shoreline master program in a manner which will be consistent with the policies of Chapter 90.58 RCW, particularly where denial of the application would thwart the policies of the Shoreline Management Act. (2) When a conditional use is requested, the substantial development permit, if required, and the conditional use, shall be reviewed under the provisions of Process IV, Chapter 19.70 FWRC, and the hearing examiner shall be the final approval authority for the city of Federal Way. The Department of Ecology shall be the final approval authority under WAC 173-27-200. (3) Conditional uses have unique and special characteristics which require a special degree of control to make the uses compatible with other existing or permitted uses in the same environment, and to assure that the use is in the public interest. In authorizing a conditional use permit, special conditions may be attached to the permit by the hearing examiner to prevent undesirable effects or mitigate environmental impacts of the proposed use. (4) Conditional use permits shall be authorized only when they are consistent with the following criteria: (a) The proposed use is consistent with the policies of RCW 90.58.020 and the policies of the shoreline master program; (b) The use will not interfere with normal use of public shorelines; (c) The use will cause no unreasonable adverse effects on the shoreline or surrounding properties or uses, and is compatible with other permitted uses in the area; (d) The public interest will suffer no substantial detrimental effect; (e) Consideration has been given to cumulative impact of additional requests for like actions in the area. (5) Other uses not set forth in the shoreline master program may be authorized through a conditional use permit if the applicant can demonstrate that other uses are consistent with the purpose of the shoreline environmental designation and compatible with existing shoreline improvements, or that extraordinary circumstances preclude reasonable use of the property; however, uses specifically prohibited by the master program may not be authorized. (Ord. No. 00-375, § 2, 10-3-00; Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98; Ord. No. 90-38, § 1(24.70.10 — 24.70.50), 2-27-90. Code 2001 § 18.172.) 15.05.180 Final approval of shoreline permits. (1) The director of community development shall notify the following agencies or persons within five days of the final approval of a shoreline permit and any shoreline variances or conditional uses granted: (a) The applicant; (b) The state Department of Ecology; (c) Any person who has submitted written comments on the application; and (d) Any person who has requested notification in writing prior to final approval of the permit. (2) No work may commence on a site requiring a shoreline substantial development, shoreline variance, or shoreline conditional use permit until 21 days following the "date of filing" or until all review proceedings before the Shoreline Hearings Board have terminated. EXH I B IT Page 41 of 71 City of Federal Way SMP — Title 15 ShA Passed by Resolution 10-597, October 19, 2010 with Ecology required changes (a) "Date of filing" for a substantial development permit is the date of actual receipt of the decision by the Department of Ecology. (b) "Date of filing" for a shoreline variance or shoreline conditional use permit shall mean the date the permit decision rendered by the Department of Ecology is transmitted by the department to the City and the applicant/proponent. (Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98; Ord. No. 90-38, § 1(24.80.10, 24.80.20), 2-27-90. Code 2001 § 18.168.) 15.05.190 Combined hearing authority. In those cases when development proposed in the shorelines may require a public hearing under the authority of other chapters of this Code, the hearings may be combined. (Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98; Ord. No. 90-38, § 1(24.90), 2-27-90. Code 2001 § 18-174.) 15.05.200 Appeals. All appeals of any final permit decision are governed by the procedures established in RCW 90.58.180, RCW 90.58.140(6), and WAC 481-03, the rules and procedures of the Shoreline Hearings Board. All appeals of any final permit decision must be made to the Shoreline Hearings Board within 21 days of the date of filing of the city's final decision concerning the substantial development permit, or formal approval to revisions of the permit. 15.05.210 Permit revisions. (1) A permit revision is required whenever an applicant proposes substantive changes to the design, terms, or conditions of a project from that which was approved in the permit. When a revision of a shoreline permit is sought, the applicant shall submit detailed plans and text describing the proposed changes in the permit and demonstrating compliance with the minimum standards pursuant to WAC 173-27-100. (2) If the proposed changes are determined by the director to be within the scope and intent of the original permit, and are consistent with the Shoreline Management Act (RCW 90.58), the guidelines in WAC 173-26, and the Federal Way shoreline master program, the revision shall be approved. (3) A new permit shall be required if the proposed revision would constitute development that is beyond the scope and intent of the original approval. "Within the scope and intent of the original approval" means all of the following: (a) No additional over -water construction is involved except that a pier, dock, or floating structure may be increased by ten percent (10%) over that approved under the original approval; provided that the revision does not exceed the maximum size requirements of this chapter except as authorized under a variance granted for the original development; (b) Ground area coverage and/or height may be increased a maximum of ten percent over that approved under the original approval; provided that, the revised approval does not authorize development to exceed the height, impervious surface, setback, or any other requirements of this chapter except as authorized under a variance granted for the original development; (c) Additional or revised landscaping is consistent with any conditions attached to the original approval and with the Federal Way shoreline master program; (d) The use authorized pursuant to the original approval is not changed; and City of Federal Way SMP — Title 1==13U3n9e4 ement Passed by Resolution 10-597, October 19, 2010 with E - zkTa Page 42 of 71 (e) The revision will not cause adverse environmental impacts beyond those originally authorized in the approval. 15.05.220 Replacement, alteration, or reconstruction of nonconforming use or development. (1) Applications for substantial development or building permits to modify a nonconforming use or development, as defined in this chapter, may be approved only if: (a) The modifications will make the use or development less nonconforming; or (b) The modifications will not make the use or development more nonconforming; and (c) Structures that were legally established and are used for a conforming use but which are nonconforming with regard to setbacks, buffers, or yards; area; bulk; height, or density may be maintained and repaired and may be enlarged or expanded provided that said enlargement does not increase the extent of nonconformity by further encroaching upon or extending into areas where construction or use would not be allowed for new development or uses. (2) An existing use or development, not conforming to existing regulations, which is destroyed, may be replaced (per "replacement structure" as defined in this chapter) as it existed prior to destruction, provided application for required permits is made within one year of destruction. (3) If a nonconforming use is discontinued for twelve consecutive months or for twelve months during any two-year period, the nonconforming rights shall expire and any subsequent use shall be conforming. (4) An undeveloped lot, tract, parcel, site, or division of land located landward of the ordinary high water mark which was established in accordance with local and state subdivision requirements prior to the effective date of the act or the Federal Way shoreline master program, but which does not conform to the present lot size standards may be developed if permitted by other land use regulations of the FWRC and so long as such development conforms to all other requirements of the Federal Way, shoreline master program and the act. (5) An existing mechanical improvement, not conforming to existing regulations, which breaks and cannot be repaired may be replaced, provided the replacement is no more nonconforming and application for required permits is made within one year of failure. (Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98; Ord. No. 90-38, § 1(24.100), 2-27-90. Code 2001 § 18-175.) 15.05.230 Shoreline environment redesignation. Shoreline environments designated by the master program may be redesignated by the city council upon finding that such redesignation will be consistent with: (1) The policies of Section 2 of the Shoreline Management Act of 1971. (2) The goals, objectives, and policies of the shoreline master program. (3) The designation criteria of the shoreline environment designation requested. (Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98. Code 2001 § 18-176.) 15.05.240 Amendments to this chapter. Amendments to this chapter shall be pursuant to state review an pftpper WAC 176-26-110 and WAC 176-26-120. 5Z PACE- Page 43 of 71 City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology required changes Chapter 15.10 CRITICAL AREAS Article 1. Generally 15.10.010 Purpose. The purpose of this chapter is to protect the environment, human life, and property from harm and degradation within the shoreline jurisdiction in the city of Federal Way. This is to be achieved by precluding or limiting development in areas where development poses serious or special hazards; by preserving and protecting the quality of surface water; and by preserving important ecological areas such as steep slopes, streams, and wetlands. The public purposes to be achieved by this chapter include protection of water quality, groundwater recharge, shoreline stabilization, stream flow maintenance, stability of slope areas, wildlife and fisheries habitat maintenance, protection of human life and property, and maintenance of natural stormwater storage systems. 15.10.020 Applicable provisions. (1) The provisions of this chapter apply throughout designated shoreline areas under the Shoreline Master Pian and must be complied with regardless of any other conflicting provisions of Title 14 and 19, FWRC. (2) Any conflict between the standards outlined in this chapter and Chapter 15.05 shall be resolved in favor of the standard that is most protective of the shoreline ecological functions. In addition to the development standards outlined in this chapter, the following minimum requirements shall apply with regard to activities and development in critical areas located within shoreline jurisdiction: (a) Minimum setbacks from the top of marine bluffs specified in FWRC 15.05.040(4)(b)(iii) shall be maintained in all cases unless a shoreline variance is granted. (b) Minimum setbacks from the OHWM established in FWRC 15.05.080, 15.05.090, and 15.05.100 shall be maintained in all cases unless a shoreline variance is granted. 15.10.030 Jurisdiction. This chapter applies to the subject property if it: (1) Contains or is within 25 feet of a geologically hazardous area; (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 200 feet of the edge of any regulated wetland, including regulated wetlands associated with any major stream, minor stream, or regulated lake; or (6) Is located within a critical recharge area or a wellhead protection area (one-, five - or 10 -year wellhead capture zone). 15.10.040 Other authority and jurisdiction. Nothing in this chapter 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 Page 44 of 71 City of Federal Way SMP — Title 15 Shoreline anagement • J� Passed by Resolution 10-597, October 19, 2010 )"ired changes-----,--- _aC,.r., the applicant to comply with all other applicable local, state, and federal laws and regulations. 15.10.050 Liability. (1) 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 attorney, 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, or regulated wetland. This agreement shall be recorded in the county, at the applicant's expense, and shall run with the property. (2) The city may also require the applicant to obtain insurance coverage for damage to city or private property and/or city liability related to any such development activity. Article II. Administration 15.10.060 Administration. Except as otherwise established in this chapter, this chapter will 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, III, or IV the provisions of this chapter will be implemented as part of these processes. If the development activity does not require approval through Process I, II, or III, the provisions of this chapter will be implemented through site plan review under Chapter 19.60 FWRC. 15.10.070 Maps adopted. The city hereby adopts the June 19, 1999, city of Federal Way final wetland inventory report, to show the locations of certain regulated wetlands in the designated shoreline areas of the Shoreline Master Plan. The city hereby adopts the Lakehaven Utility District wellhead one-, five-, and 10 -year capture zone maps, as now existing or amended. 15.10.080 Basis for determination. The determinations regarding whether the subject property is regulated under this chapter, as well as the extent and nature of the regulations that will apply to the subject property, will be determined based on environmental information and mapping possessed by the city as well as other information and mapping provided by or through the applicant. The city may require the applicant, at the applicant's expense, to provide any information, mapping, studies, materials, inspections, or reviews that are reasonably necessary to implement this chapter and to require that such information, studies, mapping, materials, inspections, and reviews be provided or performed by a qualified professional acceptable to the city. Other provisions of this chapter detail other information and inspections that may be required in some instances. 15.10.090 Bonds. The city may require a bond under Chapter 19.25 FWRC to ensure compliance with any aspect of this chapter. EXH I B IT _ -- 15.10.100 Dedication. PAGE __4_6_0 F__LX-- . Page 45 of 71 City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology required changes The city may require the applicant to dedicate development rights or an open space easement to the city to ensure protection of steep slopes, wells, streams, and regulated wetlands and other areas within the jurisdiction of this chapter. 15.10.110 Certain activities not subject to critical area standards. (1) The following activities are not subject to the provisions of this chapter: (a) Emergencies that, in the opinion of the shoreline administrator, threaten the public health, safety, and welfare, where impacts to critical areas and their buffers are mitigated to the extent feasible following the emergency actions; (b) Normal and routine maintenance and repair of the following facilities, for which a maintenance plan has been approved by the public works director, provided that impacts to critical areas and their buffers are mitigated to the extent feasible: (i) Existing drainage ditches provided, however, that this exception shall not apply to any ditches used by salmonids other than to permit free migration of salmonids to their spawning grounds; (ii) Surface water facilities, provided that such activities shall not involve conversion of any regulated wetland not currently being used for such activity; (iii) Existing public facilities and utility structures or rights-of-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. (2) Any activities not subject to the provisions of this chapter are still subject to the requirements of Chapter 15.05 FWRC. Article Ill. General Site Design Requirements 15.10.120 Responsibility of applicant. The applicant shall locate all improvements on subject property to minimize adverse impacts to geologically hazardous areas, wells, streams, regulated wetlands, and critical aquifer recharge and wellhead protection areas. 15.10.130 Vehicle circulation areas. The applicant shall locate all parking and vehicle circulation areas as far as possible from any geologically hazardous area, wellhead, stream, and regulated wetland. 15.10.140 Time limitation. The city may limit development activities which involve any clearing and grading activity to specific months of the year and to a maximum number of continuous days or hours in order to minimize adverse impacts. EXHIBIT15.10.150 Other requirements. Page 46 of 71 City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology required changes The city may require other construction techniques, conditions, and restrictions on development in order to minimize adverse impacts on geologically hazardous areas, wells, critical aquifer recharge areas and wellhead protection areas, streams, or regulated wetlands. Article IV. Geologically Hazardous Areas Development 15.10.160 Limitations. (1) This section regulates development activities and clearing and grading on or within 25 feet of a geologically hazardous area. Refer to FWRC 15.05.040(b)(iii) for additional requirements related to properties with steep slopes and bluffs. (2) Development activities, clearing and grading, 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 clearing and grading will not lead to or create any increased slide, seismic, or erosion hazard. (3) Before approving any development activity or clearing and grading under this section, the city may require the applicant to submit the following information: (a) 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: (i) Slope stability, landslide hazard, and sloughing. (ii) Seismic hazards. (iii) Groundwater. (iv) Seeps, springs, and other surface waters. (v) Existing vegetation. (b) Recommended foundation design and optimal location for roadway improvements. (c) Recommended methods for mitigating identified impacts and a description of how these mitigating measures may impact adjacent properties. (d) Any other information the city determines is reasonably necessary to evaluate the proposal. (4) If the city approves any development activity or clearing and grading under this section, it may, among other appropriate conditions, impose the following conditions of approval: (a) That the recommendations of the soils report be followed. (b) That the applicant must pay for the services of a qualified professional engineer selected and retained by the city to review the soils report and other relevant information. (c) That a qualified professional engineer be present on site during all clearing and grading activities. (d) That trees, shrubs, and groundcover be retained except where necessary for approved development activities on the subject property. (e) That additional vegetation be planted in disturbed areas. Page 47 of 71 City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology required changes Article V. Streams 15.10.170 Stream setbacks. (1) No clearing and grading or improvements may take place or be located in a stream or within the following stream setback areas except as allowed within this chapter: (a) The stream setback area for a major stream includes all areas within 100 feet outward from the ordinary high water mark of a major stream. (b) The stream setback area for a minor stream includes all areas within 50 feet outward from the ordinary high water mark of a minor stream. (2) The stream 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. 15.10.180 Relocation. (1) Relocation of a stream on the subject property is permitted subject to all of the conditions and restrictions of this section. (2) A proposal to relocate a stream will be reviewed and decided upon using process IV per Chapter 19.70 FWRC. (3) 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: (a) The creation of a natural meander pattern. (b) The formation of gentle side slopes, at least two feet horizontally to one foot vertically, and the installation of erosion control features for stream side slopes. (c) The creation of a narrow subchannel, where feasible, against the south or west bank. (d) The utilization of natural materials, wherever possible. (e) The use of vegetation normally associated with streams, including primarily native riparian vegetation. (f) The creation of spawning and nesting areas, wherever appropriate. (g) The re-establishment of the fish population, wherever feasible. (h) The restoration of water flow characteristics compatible with fish habitat areas, wherever feasible. (i) The filling and revegetation of the prior channel. (j) A proposed phasing plan specifying time of year for all project phases. (4) The city will allow a stream to be relocated only if water quality, habitat, and stormwater 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. (5) 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 shoreline administrator stating that the channel complies with the requirements of this section. (6) The amount of flow and velocity of the stream may not be increased or decreased as the stream enters or leaves the subject property. EXH 1 B 1T 15.10.190 Culverts. Page 48 of 71 City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology required changes (1) Culverts are permitted in streams within the shoreline jurisdiction of the City only if approved under this section. (2) The city will review and decide upon applications under this chapter using process III per Chapter 19.65 FWRC. (3) The city will allow a stream to be put in a culvert only if: (a) No significant habitat area will be destroyed; and (b) No other feasible site design alternative exists, which allows the stream to remain in an open condition. Convenience to the applicant in order to facilitate general site design will not be considered. (4) The culvert must be designed and installed to allow passage of fish inhabiting or using the stream. The culvert must be large enough to accommodate a 100 -year storm. (5) The applicant shall, at all times, keep all culverts on the subject property free of debris and sediment so as to allow free passage of water and, if applicable, fish. The city shall require a bond under Chapter 19.25 FWRC to ensure maintenance of the culvert approved under this section. 15.10.200 Removal of streams from culverts. If development of the subject property requires approval through Process I, II, or III of Title 19 FWRC, the city may require the stream to be taken out of the culvert and restored to a natural channel configuration as part of the city's approval of development of the subject property. 15.10.210 Rehabilitation. The shoreline administrator 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, including 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 shoreline administrator shall 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 will be allowed for purposes of approved stream rehabilitation projects. 15.10.220 Intrusion into stream setbacks. (1) Essential public facilities, public utilities, and other public improvements. The shoreline administrator may permit the placement of an essential public facility, public utility, or other public improvements in a setback from a stream 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. "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 Page 49 of 71 City of Federal Way SMP — Title 15 p=Af agement Passed by Resolution 10-597, October 19, 2010 with s PAGES -GF construction of a residential subdivision, binding site plan, or other commercial development. (2) 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 per Chapter 19.65 FWRC, based on the following criteria: (a) It will not adversely affect water quality; (b) It will not adversely affect the existing quality of wildlife habitat within the stream or setback area; (c) It will not adversely affect drainage or stormwater retention capabilities; (d) It will not lead to unstable earth conditions nor create erosion hazards; (e) It will not be materially detrimental to any other property nor to the city as a whole; and (f) It is necessary to correct any one of the adverse conditions specified in subsections (2)(a) through (2)(e) of this subsection. (3) Other intrusions. Other than as specified in subsections (1) and (2) of this section, the city may approve any request to locate an improvement or engage in clearing and grading activities within stream setback areas only through process IV per Chapter 19.70 FWRC, based on the following criteria: (a) It will not adversely affect water quality; (b) It will not adversely affect the existing quality of wildlife habitat within the stream or setback area; (c) It will not adversely affect drainage or stormwater retention capabilities; (d) It will not lead to unstable earth conditions nor create erosion hazards; (e) 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 significant open space; and (f) It is necessary for reasonable development of the subject property not otherwise prohibited by the Shoreline Master Program. 15.10.230 Additional requirements for clearing and grading. If any clearing and grading is permitted within the stream or stream setback area, the applicant shall comply with the following additional requirements: (1) All fill material used must be nondissolving and nondecomposing. The fill 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 all areas left exposed after clearing and grading with native vegetation normally associated with the stream or setback area. Article VI. Regulated Wetlands 15.10.240 Determination of wetland and regulated wetland. (1) Generally. The March 1997 Washington State Wetlands Identification and Delineation Manual (Department of Ecology Publication No. 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. Page 50 of 71 City of Federal Way SMP — Title 1Tg( ement Passed by Resolution 10-597, October 19, 2010 with L�� cfi�il' t Where vegetation has been removed, a wetland may be determined by the presence of hydric soils, as well as other documentation of the previous existence of wetland vegetation such as aerial photographs. (2) Evaluation. If the city determines that a wetland may exist on or within 200 feet of the subject property, the shoreline administrator shall 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 (2)(a) through (2)(g) and (3) of this section. The shoreline administrator shall use the information required by subsections (2)(a) and (2)(b) to determine if the area is a regulated wetland and, if so, shall use the information required by subsections (2)(c) through (2)(g) and (3) to determine the category and the precise boundaries of that regulated wetland. (a) An evaluation of whether the area in question is a regulated wetland based upon the definition of wetland and the size thresholds, outlined in FWRC 15,10.250. (b) An overview of the methodology used to conduct the study. (c) 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. (d) The wetland classification, according to the U.S. Fish and Wildlife Service "Classification of Wetlands and Deep Water Habitats in the U.S." (e) A list of observed plant and wildlife species, using both scientific and common names, and a description of their relative abundance. (f) A list of potential plant or animal species based on signs or other observation. (g) An evaluation and assessment of the existing or potential functions and values of the wetland based on the following factors: surface water control; wildlife habitat; pollution and erosion control; groundwater exchange; open space and recreation; and educational and cultural opportunities. (3) 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 chapter provided they meet all of the following criteria: (a) 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 (2)(g) of this section, of the ecological functions and values of the site. (b) The drainage facility must have been originally 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 (2)(g) of this section, of the ecological functions and values of the site. (c) The facility must be actively operated as a surface water drainage facility. Abandoned drainage facilities may be considered regulated wetlands by the director upon a review, under subsection (2)(g) of this section, of the ecological functions and values of the site. (d) 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 (2)(g) of this section, of the ecological functions and values of the site. Page 51 of 71 City of Federal Way SMP — Titles=Yi agement j Passed by Resolution 10-597, October 19, 2010 with charnfes- �" PAGE � _ (e) The drainage facility was not designed or constructed as a requirement to mitigate previous wetland impacts. (f) The director finds that limited ecological functions and values do not warrant application of the city's wetland regulations. 15.10.250 Wetland categories and standard buffers. (1) Wetlands are classified into the following categories: (a) Category / 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 (ii) 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 (iii) Have three or more wetland classes, one of which is open water. (b) Category 11 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: (i) 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 (ii) Are greater than one acre in size in its entirety; or (iii) 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 111 wetlands are greater than 2,500 square feet in area and do not exhibit those characteristics of Category I or II wetlands. (2) Standard buffer widths for regulated wetlands are established as follows: (a) Category I wetlands shall have a standard buffer width of 200 feet. (b) Category II wetlands shall have a standard buffer width of 100 feet. (c) 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 shall have a standard buffer width of 25 feet for wetlands that are between 2,500 to 10,000 square feet in area. 15.10.260 Structures, improvements, and clearing and grading within regulated wetlands. (1) Generally. No clearing and grading may take place and no structure or improvement may be located in a regulated wetland except as provided in this section. (2) 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. (3) Rehabilitation. The shoreline administrator may permit or require an applicant to rehabilitate 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 quality or habitat exists. (4) Modification. Other than as specified in subsections (2) and (3) of this section, the city may approve any request to locate an improvement or engage in clearing and Page 52 of 71 y City of Federal Way SMP — Title f5 4 agement �J } Passed b Resolution 10-597, October 19, 2010 with f1 : changes PAGE__E7�®P_a grading within a regulated wetland using Process IV per Chapter 19.70 FWRC. The specific location and extent of the intrusion into the regulated wetland must constitute the minimum necessary encroachment. Approval of a request for improvements or clearing and grading within a regulated wetland through Process IV of FWRC Chapter 19 shall be based on the following criteria: (a) It will not adversely affect water quality. (b) It will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat. (c) It will not adversely affect drainage or stormwater retention capabilities. (d) It will not lead to unstable earth conditions nor create erosion hazards. (e) 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. (f) It will result in no net loss of wetland area, function, or value. (g) The project is in the best interest of the public health, safety, or welfare. (h) The applicant has demonstrated sufficient scientific expertise and supervisory capability to carry out the project. (i) The applicant is committed to monitoring the project and to making corrections if the project fails to meet projected goals. (5) 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: (a) Mitigation plan. A mitigation plan shall include the following elements: (i) Environmental goals and objectives. (ii) Performance standards. (iii) Detailed construction plans. (iv) Timing. (v) Monitoring program for a minimum of five years. (vi) Contingency plan. (vii) Subject to the applicant's election of timing alternatives provided in subsection (5)(d) 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. (b) 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. (c) 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. Page 53 of 71 Wetland Category Creation and Restoration Enhancement Category 1 6:1 12:1 (all types) Category II: City of Federal Way SMP — Title l riagement Passed by Resolution 10-597, October 19, 2010 withilogy require chnges a PbPA Forested 3:1 6:1 Scrub/Shrub 2:1 4:1 Emergent 2:1 4:1 Category III: Forested 2:1 4:1 Scrub/Shrub 1.5:1 3:1 Emergent. 1.25:1 The director may permit or require the above replacement ratios to be increased or decreased based on the following criteria: (1) Probable success of the proposed mitigation. (ll) Projected losses in function or value. (III) 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. (IV) In no case shall the minimum acreage replacement ratio be less than 1.25:1. (d) Timing. All required wetland mitigation improvements, including monitoring, shall be completed and accepted by the shoreline administrator prior to beginning activities that will disturb regulated wetlands, or the applicant shall provide the performance and maintenance bond specified in subsection (5)(a)(vii) 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. (e) 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 shoreline administrator 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. 15.10.270 Structures, improvements, and clearing and grading within regulated wetland buffers. (1) Generally. Except as allowed in this section, no clearing and grading may take place and no structure or improvement may be located within a regulated wetland buffer. (2) Wetland buffer averaging. Wetland 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 per Chapter 19.65 FWRC, the applicant must demonstrate to the satisfaction of the shoreline administrator that the proposed buffer averaging will meet all of the following criteria: (a) Reduced buffers will not affect the water quality entering a wetland or stream; (b) Reduced buffers will not adversely affect the existing quality of wildlife habitat within the wetland or the buffer; (c) Reduced buffers will not result in unstable earth conditions nor create erosion hazards; and Page 54 of 71 City of Federal Way SMP — TRICEIN5M� Passed by Resolution 10-597, October 19, 2010 witicQ1� uired ch �� I,,JJ ff (d) 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. (3) Essential public facilities, public utilities, and other public improvements. The shoreline administrator 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. (4) 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 per Chapter 19.65 FWRC, based on the following criteria: (a) It will not adversely affect water quality; (b) It will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat; (c) It will not adversely affect drainage or stormwater retention capabilities; (d) It will not lead to unstable earth conditions nor create erosion hazards; and (e) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole. (5) Wetland buffer reduction. Through Process III per Chapter 19.65 FWRC, the shoreline administrator 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: (a) Existing conditions are such that the required standard buffer exists in a permanently altered state (e.g., roadways, paved parking lots, permanent structures, etc.) which does not provide any buffer function, then the buffer can be reduced for that portion where the intrusions are existing. (b) Except for Category I wetlands, existing conditions are such that the wetland has been permanently impacted by adjacent development activities, as evidenced by such things as persistent human alterations or the dominance of non-native invasive species. The director shall have the authority to determine 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. (6) Modification. Other than as specked in subsections (2) and (3) of this section, the city may approve any request to locate an improvement or engage in clearing and grading within the buffer from a regulated wetland through Process IV per Chapter 19.70 FWRC, based on the following criteria: E X H I B I T - (a) It will not adversely affect water quality; PAGE OF 1 __ Page 55 of 71 City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology required changes (b) It will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat; (c) It will not adversely affect drainage or stormwater retention capabilities; (d) It will not lead to unstable earth conditions nor create erosion hazards; and (e) 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. 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. (7) Revegetation. The applicant shall stabilize all areas left exposed after clearing and grading with native vegetation normally associated with the buffer. (8) Wetland 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 determination 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 determination shall be attached as permit conditions. The determination shall demonstrate that at least one of the following factors is met: (a) 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; (b) 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. Article VII. Critical Aquifer Recharge Areas and Wellhead Protection Areas 15.10 280 Limitations. This division regulates any development activity, or division of land which requires review under Title 14 FWRC, Environmental Policy, 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 based 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. 15.10.290 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 public water source wells. (1) Wellhead Capture Zone 1 represents the land area overlaying the one-year time - of -travel zone of any public water source well owned by LUD. EXHIBIT__ Page 56 of 71 City of Federal Way SMP —Title 15 anmei EIA, Passed by Resolution 10-597, October 19, 2090 with Ecology required changes (2) 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 Wellhead Capture Zone 1. (3) Wellhead Capture Zone 3 represents the land area overlaying the 10 -year time - of -travel zone of any public water source well owned by LUD, excluding the land area contained in Wellhead Capture Zones 1 or 2. 15.10.300 General requirements. (1) 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 degradation of the critical aquifer recharge and wellhead protection areas. 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 Way Addendum to the KCSWDM, and the King County Stormwater Pollution Control Manual (BMP manual). 15.10.310 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, handling, 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 FWRC 19.30.170. 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 liquid 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 WAC 173-303-802(5)(c)); (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; 6) Primary and secondary metal industries that manufacture, produce, smelt, or refine ferrous and nonferrous metals from molten materials; (k) Wood treatment facilities, including wood preserving and wood products preserving; (I) Mobile fleet fueling operations; Page 57 of 71 City of Federal Way SMP — T' 9 "JoLnaMen Passed by Resolution 10-597, October 19, 2010 w 47iequirreedd s� _� (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 subsection 1 of this section 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. 15.10.320 Regulation of facilities handling and storing hazardous materials. (1) Any development activity or division of land which requires review under Title 14 FWRC, Environmental Policy, 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. Ongoing 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 Chapter 19.05 FWRC 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 (IPM) proposed to be used, including: (A) Predictive evaluation of groundwater withdrawal effects on nearby wells and surface water features; (B) Predictive evaluation of contaminant transport based on potential releases to groundwater; and (C) Predictive evaluation of changes in the infiltration/recharge rate. (3) A spill 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, 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 accommodat=ag"aew equired Page 58 of 71 City of Federal Way SMP — Title rr +; . Passed by Resolution 10-597, October 19, 2010 with olpg�ired chartg�� A at�-VV '.�" 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 of the hydrogeologic critical area assessment report, the spill containment and response plan, and the groundwater monitoring plan. 15.10.330 Performance standards. (1) Any new or existing use applying for a development permit, or subdivision approval which requires review under Title 14 FWRC, Environmental Policy, 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 Chapter 19.05 FWRC 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 stormwater 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 stormwater infiltration 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 Chapter 19.05 FWRC will be stored, dispensed, used, or handled on the construction site. As part of the city's project permitting 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 materials 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; Page 59 of 71 City of Federal Way SMP —Title SAA r Ine Ma agem n Passed by Resolution 10-597, October 19, 2010 with �ired cha c1 (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 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 construction vehicles 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 cleanup materials may suffice for smaller spills, whereas cleanup of larger spills may require a subcontract with a qualified cleanup contractor. Releases shall immediately be contained, cleaned up, and reported according to state requirements. (2) Any development activity, or division of land which requires review under Title 14 FWRC, Environmental Policy, within all wellhead capture zones (1, 2, and 3), which involve storing, handling, treating, using, producing, recycling, or disposing of hazardous materials, or other deleterious substances, meeting the definition of Chapter 19.05 FWRC shall comply with the following standards: (a) Fleet and automotive service station fueling, 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, 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, shall be required at loading and unloading areas that store, handle, treat, use, produce, recycle, or dispose of hazardous materials, or other deleterious substances, meeting the definition of Chapter 19.05 FWRC. (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 include: 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 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 include biofiltration swales and use of oil -water separators, BMPs appropriate to the particular use proposed, cluster development, and limited impervious surfaces. 15.10.340 Use of pesticides, herbicides, and fertilizers in critical aquifer recharge areas and wellhead protection areas. �� Page 60 of 71 City of Federal Way SMP —Title fly X br�1%Jragainent 4 - Passed by Resolution 10-597, October 19, 2010 with PAGE A "—u--i-G;D- ►g Proposed developments with maintained landscaped areas greater than 10,000 square feet in area which require review under Title 14 FWRC, Environmental Policy, shall prepare an operations and management manual using best management practices (BMPs) and integrated pest management (IPM) 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. EXHIBIT--------- PAGE�C)F- Page 61 of 71 City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology required changes Chapter 15.15 FLOOD DAMAGE PREVENTION Article I. Generally 15.15.010 Purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare and minimize public and private losses due to flood conditions in specific areas by provisions designed: (1) To protect human life and health; (2) To minimize expenditure of public money and costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains; electric, telephone, and sewer lines; streets; and bridges located in areas of special flood hazard; (6) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; (7) To ensure that potential buyers are notified that property is in an area of special flood hazard; (8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 15.15.020 Adoption of state and federal statutes and regulations. The following state statutes and administrative regulations, as currently existing and hereafter amended, are hereby adopted by this reference as if set forth in full: (1) Chapter 86.16 RCW, Floodplain Management. (2) 44 CFR 59.22(a) (3) 44 CFR 60.3(c)(1)(d)(2) (4) 44 CFR 60.3(b)(1) (5) 44 CFR 59.22(b)(1) (6) 44 CFR 60.3(a)(2) 15.15.030 Methods of reducing flood losses. In order to accomplish its purposes, this chapter includes methods and provisions for: (1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; (4) Controlling filling, grading, dredging, and other development which may increase flood damage; and (5) Preventing or regulating the construction of flood barriers that u n" + floodwaters or may increase flood hazards in other areas. �9 _-- - 0 PAGE Page 62 of 71 City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology required changes 15.15.040 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates a different meaning. Unless specifically defined below, terms or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. Appeal means a request for a review of the interpretation of any provision of this chapter or a request for a flood variance. Area of shallow flooding means designated as AO or AH zone on the flood insurance rate map (FIRM). AO zones have base flood depths that range from one to three feet above the natural ground; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow; AH indicates ponding, and is shown with standard base flood elevations. Area of special flood hazard means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year (also referred toas the "100 -year flood"). Designated on flood insurance rate maps by the letters A or V. Basement means any area of the building having its floor sub -grade (below ground level) on all sides. Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. Coastal high hazard area means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as zone V1-30, VE, or V. Critical facility means a facility for which even a slight chance of flooding might be too great. Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste. Development means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard. Director means the director of the city of Federal Way community development department or his or her designee. Elevated building means, for insurance purposes, a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. Elevation certificate means the official form (FEMA Form 81-31) used to track development, provide elevation information necessary to ensure compliance with community floodplain management ordinances, and determine the proper insurance premium rate with Section B completed by Federal Way. Existing manufactured home parr or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the Page 63 of 71 City of Federal Way SMP — Title 15 Shoreline ment Passed by Resolution 10-597, October 19, 2010 with Ec � cbgg es PAGE manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; and/or (2) The unusual and rapid accumulation of runoff of surface waters from any source. Flood insurance rate map (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood insurance study (FIS) means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood. Flood variance means a grant of relief from the requirements of this chapter that permits construction in a manner that would otherwise be prohibited by this chapter. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this chapter found at FWRC 15.15.140, provided there are adequate flood ventilation openings. Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. New construction means structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter. New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations. Recreational vehicle means a vehicle: (1) Built on a single chassis; (2) Four hundred square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light duty t i , and Page 64 of 71 City of Federal Way SMP — Tid t l aagement Passed by Resolution 10-597, October 19, 2010 with'Ecolo t!uked ch (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Start of construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start" of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means a walled and roofed building, including a gas or liquid storage tank that is principally above ground. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before -damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) Before the improvement or repair is started; or (2) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term can exclude: (3) Any project for improvement of a structure to correct pre -cited existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (4) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Water dependent means a structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Article 11. Provisions 15.15.050 General provisions. (1) Application of chapter. This chapter shall apply to all areas of special flood hazards within the jurisdiction of Federal Way. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for Federal Way" dated May 16, 1995, and any Page 65 of 71 City of Federal Way SMP — Title agement Passed by Resolution 10-597, October 19, 2010 wit s-- * PAGE G5 OF �! (.: , revisions thereto, with an accompanying flood insurance rate map (FIRM), and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study and the FIRM are on file at Federal Way City Hall. The best available information for flood hazard area identification as outlined in FWRC 15.15.070 shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under FWRC 15.15.070. (2) Penalties for noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. (3) Summary abatement. Whenever any violation of this chapter causes or creates a condition, the continued existence of which constitutes or contributes to an immediate and emergent threat to the public health, safety or welfare or to the environment, the director may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after abatement. The costs of such summary abatement shall be recoverable via procedures for recovery of abatement costs as set forth in Chapter 1.15 FWRC, Civil Enforcement of Code. (4) Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (5) Interpretation. In the interpretation and application of this chapter, all provisions shall be: (a) Considered as minimum requirements; (b) Liberally construed in favor of the governing body; and (c) Deemed neither to limit nor repeal any other powers granted under state statutes. (6) Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of Federal Way, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. 15.15.060 Permits. (1) Development permit required. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in FWRC 15.15.050(1). The permit shall be for all structures including manufactured homes, as set forth in FWRC 15.15.040, and for all development including fill and other activities, also as set forth in FWRC 15.15.040. (2) Application for development permit. Application for a development permit shall be made and will include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: Page 66 of 71 City of Federal Way SMP – Title 15 ShA034anOF-11 nagemr e `t Passed by Resolution 10-597, October 19, 2010 with Ec�la G(Ofl-' (a) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate (FEMA Form 81- 31) with Section B completed by the city of Federal Way building official; (b) Elevation in relation to mean sea level to which any structure has been floodproofed; (c) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet floodproofing criteria in FWRC 15.15.140(2); (d) Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. (3) Designation of the administrator. The director or designee is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. The director shall: (a) Review all development applications to determine that the requirements of this chapter have been satisfied; (b) Review all development applications to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required; and (c) Review all development applications to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of FWRC 15.15.160(1) are met. 15.15.070 Use of other base flood data (in A and V zones). When base flood elevation data has not been provided (in A or V zones) in accordance with FWRC 15.15.050(1), the director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer FWRC 15.15.140, Specific standards, and FWRC 15.15.160, Floodways. 15.15.080 Information to be obtained and maintained. (1) Where base flood elevation data is provided through the FIS, FIRM, or required as in FWRC 15.15.070, the applicant shall obtain and record the actual (as -built) elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement and provide such information to the director or designee on a current FEMA elevation certificate (FEMA Form 81-31). Section B will be completed by the city. (2) For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in FWRC 15.15.070, the applicant shall obtain and record the elevation (in relation to mean sea level) to which the structure was floodproofed and provide such information to the city. The city shall maintain the floodproofing certifications required in FWRC 15.15.060(2)(c). (3) The city shall maintain for public inspection all records pertaining to the provisions of this chapter. 15.15.090 Alteration of watercourses. The city shall notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration and shall require that maintenance is provided Page 67 of 71 City of Federal Way SMP — Title tS =agement Passed by Resolution 10-597, October 19, 2010 with �0.A G E � :30 - I L` within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. 15.15.100 Conditions for flood variances. (1) Generally, flood variance requests for proposals located within the shoreline jurisdiction shall be processed through the shoreline variance procedures in FWRC 15.05.160. The only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a small or irregularly shaped lot contiguous to and surrounded by lots with existing structures constructed below the base flood level. As the lot size increases, the technical justification required for issuing the variance increases. (2) Flood variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result. (3) Flood variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (4) Flood variances shall only be issued upon: (a) A showing of good and sufficient cause; (b) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with other existing laws or ordinances. (5) Flood variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature; and do not pertain to the structure, its inhabitants, economic, or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from flood elevations should be quite rare. (6) Flood variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection (a) of this section and otherwise complies with FWRC 15.15.1 10(l) and (3), and 15.15.120. (7) Any applicant to whom a variance is granted shall be given written notice that the permitted structure will be built with its lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk. 15.15.110 Provisions for flood hazard reduction. In all areas of special flood hazards, the following standards are required: (1) Anchoring. (a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure; (b) All manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over -the - top or frame ties to ground anchors. (2) Construction materials and methods. Page 68 of 71 City of Federal Way SMP — Title 15 �hd Uaement _g Passed by Resolution 10-597, October 19, 2010 with EcOff aired chang T F (a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (b) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (c) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Locating such equipment below the base flood elevation may cause annual flood insurance premiums to be increased. (3) Utilities. (a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems; (b) Water wells shall be located on high ground that is not in the floodway; (c) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters;. (d) Onsite waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 15.15.120 Subdivision proposals. (1) All subdivision proposals shall be consistent with the need to minimize flood damage; (2) All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize or eliminate flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; (4) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less). 15.15.130 Review of building permits. Where elevation data is not available either through the FIS, FIRM, or from another authoritative source (FWRC 15.15.070), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding as determined by the director. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. 15.15.140 Specific standards. The following provisions are required in all areas of special flood hazards where base flood elevation data has been provided as set forth in FWRC 15.15.050(1) or 15.15.070. (1) Residential construction. (a) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation (BFE). (b) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on ce Page 69 of 71 City of Federal Way SMP - Title 15 in Ib�Ma�Ln rit— 12 V 41 Passed by Resolution 10-597, October 19, 2010 with E" chan9® F—.. exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: (i) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (ii) The bottom of all openings shall be no higher than one foot above grade. (iii) Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters. Foundation vent standards required by the IBC/IRC outside the floodplain do not meet this standard and are often inadvertently permitted. Insurance rates reflect an "all or nothing" standard. Partially ventilated crawlspaces may be subject to an additional loading fee of 20 to 25 percent attached to the annual insurance premium. (2) Nonresidential construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation; or, together with attendant utility and sanitary facilities, shall: (a) Be floodproofed so that below one foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; (c) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications, and plans. Such certifications shall be provided to the official as set forth in FWRC 15.15.060(2); (d) Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (1)(b) of this section. Applicants who are floodproofing nonresidential buildings should beware that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to the base flood level will be rated as one foot below). Floodproofing the building an additional foot will reduce insurance premiums significantly. (3) Manufactured homes. All manufactured homes in the floodplain to be placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (4) Recreational vehicles. Recreational vehicles placed on sites are required to either: (a) Be on the site for fewer than 180 consecutive days; or (b) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or (c) Meet the requirements of subsection (3) of this section and the elevation and anchoring requirements for manufactured homes. 15.15.150 AE and Al -30 zones with base flood elevations but no floodwa s. EXHIBIT` Page 70 of 71 City of Federal Way SMP — Title 1anagem ' Passed by Resolution 10-597, October 19, 2010 with Edold slam 10 In areas with base flood elevations (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be permitted within zones Al -30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. 15.15.160 Floodways. Located within areas of special flood hazard established in FWRC 15.15.050(1) are areas designated as floodways. Chapter 86.16 RCW will need to be consulted in addition to this code. The more restrictive provisions shall apply. Since the floodway is an extremely hazardous area due to the velocity of floodwaters that can carry debris, and increase erosion potential, the following provisions apply: (1) Encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge. (2) Construction or reconstruction of residential structures is prohibited within designated floodways, except for (a) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (b) repairs, reconstruction, or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either (1) before the repair, or reconstruction is started, or (2) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or to structures identified as historic places, may be excluded in the 50 percent. (3) If subsection (1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of FWRC 15.15.110, Provisions for flood hazard reduction. 15.15.170 Critical facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (100 -year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the 500 -year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. PAGE -2i-GF 2 L. Page 71 of 71 City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology required changes SUBJECT: Grant Funding for Transportation Improvement Projects POLICY QUESTION: Should City Council authorize staff to submit grant applications for transportation improvement projects? COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 3, 2011 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rick Perez, P.E., Traffic DEPT: Public Works Attachments: Memorandum to Land Use and Transportation Committee dated October 3, 2011. Options Considered: 1. Authorize staff to submit grant funding applications under the City Safety Program (2009-2015) for the identified project locations. 2. Do not submit grant funding applications under the City Safety Program (2009-2015) for the identified project locations. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the October 18, 2011 City Council Consent Agenda for approval. /j/ MAYOR APPROVAL: DIRECTOR APPROVAL: (% *7 Committee Council Committee Council COMMITTEE RECOMMENDATION: Forward Option 1 to the October 18, 2011 City Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION: "I move to Authorize staff to submit grant funding applications under the City Safety Program (2009-2015) for the identified project locations. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: October 3, 2011 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor /► FROM: Cary M. Roe, P.E., Director of Parks, Pu 1' orks, and Emergency ManagVment Rick Perez, P.E., City Traffic Engineer SUBJECT: Grant Funding for Transportation Improvement Projects BACKGROUND: This memorandum provides Council with information on a new grant funding program for transportation projects. City Safety Program (2009-2015) The state completed an analysis of fatal and serious injury crash data for all public roads from 2004-2008 (including an analysis by type of collision). The purpose of Urban Safety Grants is to address fatal and serious injury collisions; these are also the focus of both the federal safety program (stated in SAFETEA- LU) and the state safety program (stated in the State Highway Safety Plan). Fatal and serious injury crashes were evaluated by type of collision for all city streets (and city -responsibility state routes). This call for projects was by invitation only for specific locations under the following three (3) subprograms: • Subprogram 1: Intersections • Subprogram 2: Corridors • Subprogram 3: Citywide City staff evaluated effective countermeasures for each high accident collision areas within each subprogram offered by WSDOT and concluded that the following projects will likely be competitive for funding. KALUTC\2011\10-03-11 Grant Funding for Transportation Projects .doc September 5, 2010 Land Use and Transportation Committee Grant Funding for Transportation Improvement Projects Page 2 Project Grant Estimated Local Total Project Required Cost Match Subprogram 1: Intersections Project Locations: 5320th Street at Pacific Highway No project proposed Subprogram 2: Corridors Project Locations: S 356th St between Ste Ave SW and Pacific Hwy S Add flashing yellow arrow traffic signal modification at the intersection of 1St Ave S and S 356th Street and also at the intersection of 8th Avenue SW and SW $ 4,300,000 356th Street; construct northbound dual left turn lanes at SR 161 Pacific Highway South between S 330th Street and S 320th Street Add flashing yellow arrow traffic signal modification at the intersections of S 330th Street and S 32e Street $ 250,000 on Pacific Highway South, install programmed visibility signal heads and overhead advance lane use control signs on westbound S 32e St S 320th Street between Pacific Highway South and I-5 Add flashing yellow arrow traffic signal modification at the intersection of 20th Ave S and 25th Ave S on S $300,000 320th St ; add overhead advance lane use control signs on 23'd Ave S approaching S 320th St in each direction, and on S 32e St eastbound approaching I-5 Subprogram 3: Citywide $350,000 Add flashing yellow arrow traffic signal modifications as funding allows, based on the priority list (Attachment A) ranked by collision severity index TOTAL $5,200,000 Possible Grant Funds $ 0 $ 4,300,000 $ 0 $ 250,000 $0 $300,000 $0 $350,000 $ 0 $ 5,200,000 Common to all these improvements would be the addition of reflective tape on signal head backplates at all signals within the project limits to improve their visibility. Rank Intersection Severity Rate Comments NB/SB Comments EB/WB Status Eligibility 1 1s336 $37,203 OK Split phase required Done 2 99s304 $37,174 Too many opposing lanes - TOD only No left-turn lane Funded 3 21sw336 $20,768 OK OK Done 4 99s320 $16,795 Too many opposing lanes Too many opposing lanes N/A 5.99s312 $16,342 Too many opposing lanes OK Done 6199s336 $15,119 Too many opposing lanes OK Done 7 1s312 $13,947 OK OK Done 8 Mils288 $13,483 OK Limited si ht distance Done 71 Unrated, . �F 1$12,036 Limited distenoe 11 Mils304 $11,938 OK Split phase required Done 12 99s356 $11,441 jToo many opposing lanes - TOD only Limited sight distance 13 9s348 $11,314 OK OK IDone 14 21sw356 16 99s288 $11,132 No left-turn lane $10,819 Limited si ht distance Limited si ht distance Split phase required I N/A 1719s336 P12116s344OK$9,463 $10,5141 Done n.T x OKKZ Done it IDone Done .s No `.. . lane No 3%%340 $8 907 OK OK 24 1s325 $8,848 No left-turn lane No left-turn lane N/A 25 161s18 $8,611 Too many opposing lanes Too many opposing lanes N/A 26 14s312 $8,501 Split phase required OK Funded 27 995308 $7,836 Too many opposing lanes No left-turn lane Funded 28 19swCam $7,470 OK yn 30 23s320 $7,122 Limited sight distance OK ... Too many opposing lanes Funded <„ „r N/A 31 Ho sw340 1 $6,782 OK OK Done am $6,725 No left-turn lane Limited sight distance CIP t1s348 $6,6381 Limited sight distance Limited sight distance N/A ,., 3 1016352 $6169 Too mony opposing `TOD o` t se required 38 99s509 $5,600 Too many opposing lanes No opposing thru N/A 39 99s348 $5,555 Too many opposing lanes Too many opposing lanes N/A 40 15330 $5j493 OK OK r 41 8s312e $5,418 No opposing thru OK 42 8s312w $5,418 No opposing thru OK city" 43 1s333 $5,317 OK No left-turn lane Funded 44 We s18W $4,772 OK No opposing thru WSDOT 45 We s18E $4,772 OK No opposing thru WSDOT 46 205312 $4,50-3 No left-turn lane OK 47 20s316 $4,422 OK OK Citywide 48 99s276 $4,380 Too man opposing lanes - TOD onlyOK Citywide 49 21sw344 $4 345 OK No left-turn lane 4Fund Citywide 51 99s316 $4,265 Too man opposing lanes OK 52 21sw509 $4,082 OK Split phase required C' 'de 53 6swCam $4,060 No left-turn lane OK C' de 54 509sw312 $4,054 OK 1 No left-turn lane Funded 55 11s324 $3,963 OK No opposing thru jCitywide 56 18s288 $3,865 No left-turn lane OK I Ci de 57 23s317 $3,593 OK No left-turn lane Ci ide 59 20s314 $3,174 OK No left-tum lane Citywide 60 26sw320 $2,959 OK OK Ci ide 61 16s509 $2,884 Limited sight distance OK Citywide 62 1 s344 $2,851 No left-turn lane No opposing thru N/A 63 21sw348 $2,793 No left-turn lane Split phase required N/A 64 21sw334 $2,679 OK No left-turn lane Funded 65 23s322 $2,444 OK OK Ci de 66 11s509 $2,180 No opposing thru No left-turn lane N/A 67 5Ss320 $2,027 No opposing thru Too man opposing lanes - TOD onlyDone 68 We s320 $2,008 No opposing thru Too man opposing lanes - TOD on Ci de 69 165356 $1,458 No left-turn lane No left-turn lane N/A 70 161s356 1 $1,446 Too complex too complex N/A 7120s336 $981 OK OK Citywide 72 23s314 $916 OK No left-tum lane C ide 73 5Ns320 $674 No opposing thru No left-turn lane N/A 74 21sw325 $530 OK No left-tum lane Citywide 75 32s320 $277 Split phase required Too many opposing lanes - TOD only Ckywide 76 Camsw346 $0 OK No opposing thru Ci de 77 8sw509 1 $0 No left-turn lane overlapping left-turns N/A 78 5SBs18 $0 No opposing thru No opposing thru N/A 79 23s312 $0 No op osing thru I Limited sight distance N/A 80 99s344 JOK INo left-turn lane COUNCIL MEETING DATE: October 18, 2011 ITEM #: ................................................................................................................................................................................................................................................................................................................................................................................................................................................................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WSDOT Traffic Busters – Fiber Optic Cable Connection – Project Acceptance POLICY QUESTION: Should the Council accept the WSDOT Traffic Busters – Fiber Optic Cable Connection Project as complete? COMMITTEE: Land Use and Transportation Committee CATEGORY: ® Consent MEETING DATE: October 3, 2011 ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rick Perez P.E. City Traffic Engineer DEPT: Public Works ...............__...._......._......................................................................_..............................._....._z..............._._ ............................................_........._.................._................_.............._.........................__.........................______._._...–._._........_..... _----._—� Attachments: Land Use and Transportation Committee memorandum dated October 3, 2011. Options Considered: 1. Authorize final acceptance of the WSDOT Traffic Busters – Fiber Optic Cable Connection Project, constructed by Cannon Construction, Inc. in the amount of $ 44,979.47. 2. Do not authorize final acceptance of the WSDOT Traffic Busters – Fiber Optic Cable Connection Project, constructed by Cannon Construction, Inc. as complete and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 -to the October 18, 2011 City Council Consent Agenda for approval. MAYOR APPROVAL: / / l DIRECTOR APPROVAL: mwl- ittee Council Committee Council COMMITTEE RECOMMENDATION: Forward Option 1 to the October 18, 2011 City Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION: "I move to authorize final acceptance the WSDOT Trac Busters -Fiber Optic Cable Connection Project., constructed by Cannon Construction, Inc. in the amount of $ 44, 979.47. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: October 3, 2011 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Rick Perez, P. E., City Traffic Engineer SUBJECT: WSDOT Traffic Busters — Fiber Optic Cable Connection — Project Acceptance Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The WSDOT Traffic Busters — Fiber Optic Cable Connection Project contract with Cannon Construction, Inc. is complete. The final construction contract amount is $44,979.47. This is $15,396.53 below the $60,376.00 (including contingency) budget that was approved by the City Council on August 2, 2011. cc: Project File Day File COUNCIL MEETING DATE: October 18, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 10th Avenue SW at SW Campus Drive Intersection Improvements – 30% Design Status Report POLICY QUESTION: Should the Council authorize staff to proceed with design of the IOh Avenue SW at SW Campus Drive Intersection Improvements Project and return to the LUTC and Council at the 85% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 3, 2011 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Mulkey, P. E., Street Systems Project Engineerg DEPT: Public Works __ Attachments: Land Use and Transportation Committee memorandum dated October 3, 2011. Options Considered: 1. Authorize staff to proceed with the design of the 10h Avenue SW at SW Campus Drive Intersection Improvements Project and return to the LUTC and Council at the 85% design completion stage for further reports and authorization. 2. Do not authorize staff to proceed with finalizing the present design of this project and provide direction to staff. - 3. ........................................................ ... ... __._................... .................. __.._........... -...... _._.......... ------.................... ............ _... _... _..... ----_...... ---................... _.__ ............. ---.--............_— MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the October 18, 2011 City Council Consent Agenda for approval. MAYOR APPROVAL Council DIRECTOR APPROVAL: ommittee Committee Council COMMITTEE RECOMMENDATION: Forward Option 1 to the October 18, 2011 City Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the design of the 10" Avenue SW at SW Campus Drive Intersection Improvements Project and return to the LUTC and Council at the 85% design completion stage for further reports and authorization. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: October 3, 2011 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor FROM: Com' M. Roe, P.E., Director of Parks, Public Woks and Emergency Management Owl John Mulkey, Street Systems Project Engineer SUBJECT: 10`h Avenue SW at SW Campus Drive Intersection Improvements — 30% Design Status Report BACKGROUND: This project will construct a 300 -foot long right -turn lane on southbound Wh Avenue SW approaching the intersection of SW Campus Drive. Additional work will include utility relocation, storm drainage, paving, curb, gutter, sidewalk, street lighting, traffic signal modifications, signing, channelization and landscaping. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 30% complete, which includes the following completed tasks: • The Topographical Surveys • Right of Way Plan • Channelization Plans • Project Design to 30% Ongoing Tasks Include: • SEPA Submittals • Right of Way Requirements (Property Appraisals, Review Appraisals, Negotiation and Acquisition) • Preliminary Contract Specifications • Project Design to 85% PROJECT ESTIMATED EXPENDITURES: Design $145,400 ROW Acquisition 64,000 2012 Construction Cost 595,000 10% Construction Contingency 59,500 Construction Management 84,400 TOTAL PROJECT COSTS $948,300 AVAILABLE FUNDING: Budgeted City Funds 0.00 Mitigation $183,000 Interest Earning 26,700 TOTAL AVAILABLE BUDGET $ 209,700 This project has funding for Design and right of way acquisition only thru available project Mitigation and interest funding; no construction funding was budgeted at this time. SUBJECT: 2012 Asphalt Overlay Program Preliminary Project List, Request to Transfer Funds from the Annual Transportation System Safety Improvement Fund and Authorization to Bid POLICY QUESTION: Should the Council approve the 2012 Asphalt Overlay Program Preliminary Project List, approve the transfer of $300,000 from the Annual Transportation System Safety Improvement Fund, and authorize staff to proceed with the design and bid of the proposed 2012 Asphalt Overlay Program? COMMITTEE: Land Use and Transportation Committee MEETING DATE: October 3, 2011 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Marwan Salloum, P.E., Deputy Public Works Director DEPT: Public Works Attachments: Land Use and Transportation Committee memorandum dated October 3, 2011. Options Considered: 1. Approve the list of streets for the 2012 Asphalt Overlay Project as presented and approve the transfer of $300,000 from the Annual Transportation System Safety Improvement fund to this project. Furthermore, authorize staff to bid all or part of the 2012 Asphalt Overlay Project, returning with a request for permission to award the project within the available 2012 Asphalt Overlay Budget to the lowest responsive, responsible bidder. 2. Direct staff to modify the preliminary list and return to Committee for further action. MAYOR'S RECOMMENDATION: Mayor recommends forwarding Option 1 to the October 18, 2011 City Council Consent Agenda for approval. MAYOR APPROVAL: DIRECTOR APPROVAL:*_ Oron1mittee Council Committee Council COMMITTEE RECOMMENDATION: Forward the 2012 Asphalt Overlay Project Preliminary Project List and Authorization to Bid to the October 18, 2011 Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION: "Approve the list of streets for the 2012 Asphalt Overlay Project as presented and approve the transfer of $300, 000 from the Annual Transportation System Safety Improvement fund to this project. Furthermore, authorize staff to bid all or part of the 2012 Asphalt Overlay Project, returning with a request for permission to award the project within the available 2012 Asphalt Overlay Budget to the lowest responsive, responsible bidder. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: October 3, 2011 TO: Land Use and Transportation Committee VIA: Skip Priest, Mayor n FROM: Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management V ' Jeff Huynh, Street Systems EngineerIt SUBJECT: 2012 Asphalt Overlay Program Preliminary Project List and Authorization to Bid BACKGROUND: Public Works staff has developed a list of recommended streets for the 2012 Asphalt Overlay Program. The total estimated budget for the program is $2,126,147 and is comprised of the following: • 2012 Proposed Overlay Budget $1,523,000 • 2012 Structures Budget $146,267 • 2011 Carry Forward (estimate) $156,880 • Proposed budget transfer from the Annual $300,000 Transportation System Safety SW 336th Street — 26th PI SW to SW 340' PI Improvements Fund D TOTAL FUNDING AVAILABLE $2,126,147 The transfer of the $146,267 from the structures budget and the proposed transfer of $300,000 from the Annual Transportation System Safety Improvements fund are for the City's annual Sidewalk Maintenance Program, and will cover the costs associated with the replacement of substandard wheelchair ramps, and repairing existing curb, gutter, and sidewalks within the overlay project area. The following is a preliminary list of streets to be included in the 2012 Asphalt Overlay Program. The streets were selected using the City's Pavement Management System and were verified by field reconnaissance. The costs shown are estimated and will be refined as the design of each schedule is completed. A project vicinity map and more detailed area maps are attached for your information. SCHEDULE DESCRIPTION AMOUNT A 21" Ave SW — SW 320th St to SW 326th St $284,155 B 21s` Ave SW — SW 326`" St to SW 334th St $257,340 C SW 336th Street — 26th PI SW to SW 340' PI $132,470 D Alderbrook $256,050 E Wood Vale/Woodridge Park $314,100 F Adelaide Park $206,360 G Military Road S - S 286' St to S 292nd St $194,770 H S 288th Street — Military Road S to I-5 Overpass $254,950 I S 316th Street — Pacific Highway S to 23`d Ave S $226,320 ESTIMATED SUBTOTAL CONSTRUCTION PROJECT COSTS: $2,126,515 5 % Construction Contingency $106,326 Pavement Management System $50,000 In-house Design $63,000 Construction Administration $115,000 City's Administrative Fee $72,000 Printing and Advertising $3,500 ESTIMATED TOTAL PROGRAM COST: $2,536,341 October 3, 2011 Land Use and Transportation Committee 2012 Asphalt Overlay Program Page 2 of 2 The estimated cost of $2,536,341 is a preliminary figure used for estimating purposes only and includes construction administration, five percent construction contingency, in-house design and construction management, printing and advertising. The 2012 Asphalt Overlay Project will be awarded within the available overlay program budget. Once Council approves the list of streets for the Overlay Program, staff will begin the final design. The anticipated date for advertising is February 2012, with construction beginning in May 2012. k:\lutc\2011\10-03-1 2012 Asphalt Overlay list.doc N21st Ave SW -A N21st Ave SW - B NSW 336th St - C NAlderbrook - D NWood Vale Woodridge Park - E NAdelaide Park - F Military Road - G NS 288th St - H NS316thSt-I Map mads by -kan 2012 Asphalt Overlay Preliminary List Federal Way CityMap Map PrnW40112011 Nobs: This map is intended /or use as a praphiral ►ep►saerNsEion ony. ms ciyy or i=ada►ai way makes no warranty as to ne accuracy COUNCIL MEETING DATE: October 18, 2011ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Accessory uses and convention centers in the Office Park Zone POLICY QUESTION: Should the City amend the Federal Way Revised Code (FWRC) related to accessory uses and convention centers in the Office Park (OP) zone? COMMITTEE: Land Use/Transportation Committee MEETING DATE: October 3, 2011 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Principal Planner Margaret H. Clark, AICP DEPT: Community and Economic Development Background: The FWRC requires the City to accept applications for code amendments on an annual basis. In September 2010, the City received a request from Roger Hazzard to amend the FWRC to increase the percentage of gross office floor that can be used for accessory warehouse use from no more than 20 percent to no more than 50 percent. This request was presented to the Land Use/Transportation Committee (LUTC) and City Council on March 7, 2011, and April 5, 2011 respectively, and was selected to be part of the 2011 Planning Commission Work Program. As part of this code amendment, staff is recommending that types of accessory uses not be limited in the Office Park zone but instead be treated consistently with the FWRC definition of "accessory use." Staff is also proposing to allow convention centers as a principal use as opposed to an accessory use. These code amendments were presented to the LUTC on July 18, 2011, at which time the LUTC tabled them for consideration at a future date. Attachments: 1) Draft Adoption Ordinance; 2) Staff Report to the Planning Commission with Exhibits A -K; 4) Minutes of the June 15, 2011, Planning Commission Public Hearing; 5) Minutes of the July 18, 2011 LUTC Meeting. Options Considered: 1) Adopt the Mayor's recommendation as shown in the Draft Adoption Ordinance; 2) Adopt the Mayor's recommendation as further amended by the LUTC_ 3) Do not adopt the Mayor's recommendation. MAYOR'S RECOMMENDATION: The Mayor recommends adoption of the proposed amendments as written in the Draft Adoption Ordinance. MAYOR APPROVAL: DIRECTOR APPROVAL: Committee Council ommittee Council COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on October 18, 2011. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION(S): 1' READING OF ORDINANCE (OCTOBER 18,2011): 1 move to forward approval of the ordinance to the November 1, 2011, Council Meeting for adoption. 2"" READING OF ORDINANCE (NOVEMBER 1, 2011): "1 move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # K:12011 Code Amendments\Accessory Warehouse in OP Zone\LUTC\100311 Meeting\Agenda Bill.doc ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to types of accessory uses and status of convention centers in the Office Park Zone; amending FWRC 19.235.010, 19.235.020 and 19.235.030. (Amending Ordinance Nos. 9043, 93-170, 96-270, 97-291, 00-375 and 07-559) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code (FWRC), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to amend the FWRC related to accessory uses and convention centers as a principal use in the Office Park Zone within the City of Federal Way; and WHEREAS, limiting types of accessory uses in the Office Park Zone may hamper efficient use of buildings and discourage economic development; and WHEREAS, the existing FWRC definition of "accessory use" adequately addresses its intent; and WHEREAS, stand alone convention centers are an appropriate use in the Office Park Zone; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the Proposal on May 28, 2011, and no comments or appeals were received and the DNS was finalized on June 27, 2011; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on June 15, 2011, and forwarded a recommendation of approval to the Land Use Transportation Committee; and Ordinance No. 11- Page 1 of 8 Rev 1/10 LU WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered these code amendments on July 18, 2011, and tabled the text amendments for consideration at a future date. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole because they would allow reuse of existing buildings by lifting the restriction on types of allowable accessory uses; and allow convention centers as a principal use, which should create new jobs, and encourage economic development. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan (FWCP). (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following FWCP goals and policies: LUP3 Use design and performance standards to create attractive and desirable commercial and office developments. P Ordinance No. 11- age Z of 8 Rev I/10 LU LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. LUP35 Allow a broad range of commercial, retail, office, industrial, and supportive uses to meet the needs of workers and consumers, in well integrated, well functioning, high quality developments. EDG6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. EDP10 The City will work with the private sector to actively encourage the retention and expansion of existing businesses, as well as bring in new development, businesses, and jobs to the community. EDP18 The City will periodically monitor local and regional trends to be able to adjust plans, policies, and programs. (b)The proposed FWRC amendments should further the public welfare by allowing flexibility for the establishment of accessory uses in the Office Park Zone, thereby encouraging businesses that may have a need to combine uses that complement or depend on each other. Convention centers are compatible with office uses, and may be more likely to be constructed as a stand-alone facility to serve surrounding uses rather than as an accessory use. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they will provide flexibility for the establishment of accessory uses and convention centers in the Office Park Zone; thus, reducing the vacancy rate in this zone and encouraging economic development. Page 3 of 8 Ordinance No. I1- Rev I/10 LU Section 3. FWRC 19.235.010 "Office/retail," is hereby amended to read as follows: 19.235.010 Office/retail. The following uses shall be permitted in the office park (OP) zone subject to the regulations and notes set forth in this section: Ordinance No. I1- Page 4 of 8 Rev 1/10 LU USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS M Minimums p 1 ZONE Re uired Yards o a OP ° .. ._ USEz a a & x a SPECIAL REGULATIONS AND NOTES w` J Office use Process II None 25 ft. 120 ft. 20 ft. 55 ft. General 1. If approved through process III, the height of a structure may exceed 55 ft. above average building elevation Possible above office and to a maximum of 70 ft., if all of the following criteria are met: 35 ft. 120 ft. 20 ft. Retail III See average retail: I for a. The additional height is necessary to accommodate the particular use conducted in the building; and 50 ft. 120 ft. 120 ft. establishment note 10 building each 300 sq. b. The subject property does not adjoin a residential zone; and Except 20 ft. along providing See notes residential zones for elevation ft. gross floor c. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 55 ft. banking and 1 and 3 side and rear yards area above average building elevation; and related See notes d. The increased height will not block views designated by the comprehensive plan; and financial See notes 2 and 42 1 and 3 Medical and e. The increased height is consistent with goals and policies for the area of the subject property as services I I dental office: established by the comprehensive plan. 1 for each 2. Front yard setback: 25 ft. if entry is visible from R.O.W. and front facade is 15% glass; 35 ft. if landscape Retail sales of 225 sq. ft. of buffer and stormwater facilities are located in the front yard; or 50 ft. if parking and driving areas are located greseFies gross floor in the front yard. predaee and area 3. If any portion of a structure on the subject property is within 100 ft. of a residential zone, then that portion related -items of the structure shall not exceed 30 ft. above average building elevation. Mixed Uses: 4. ccessory See note 9 Determined materials, whieh fuilifies and assembly afeas utilize no more than 2094 efthe gFess floor ama. uses may be on a case -by- allowed subject to the following criteria: Retail case basis a. The placement orientation desi>3r and other site design and architectural features of the pronosed building and site plan demonstrate that this use will not detract from the principal character of the subject establishment propeM as an office park. providing office supplies, b. The exterior appearance of that portion of the building housing the accessory uses will be comparable to the exterior appearance of other buildines on the subject proper . printing and duplicating 5. The subject property must be designed so that any truck parking, loading and maneuvering areas; areas where noise generating outdoor uses and activities may occur, and vents and similar features are located as far as possible from any residential zone.. 6. May not conduct any activity or use on the subject property that involves the release of toxic or noxious gases, fumes or odors. Continued Process I,11, III and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Ordinance No. I1- Page 4 of 8 Rev 1/10 LU 19.235.010 Office/retail. (Continued) The following uses shall be nermitted in the office nark (013) zone subiect to the regulations and notes set forth in this section: Ordinance No. 11- Page S of 8 Rev 1/10 LU USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS v� Minimums p gNt ZONE Req aired Yards ° �, OP 3 .. b • 5 USEW� SPECIAL REGULATIONS AND NOTES 7. Outdoor use, activity and storage is regulated by FWRC 19.125.170. 8. Access to and from drive-through facilities must be approved by the public works department. Drive-through facilities must be designed so that vehicles will not block traffic in the street while waiting in line and will not unreasonably interfere with on-site traffic flow. a. They am aleady sesondai3, te and sappeftWe ef ethe; uses oft the subjeet pEepelly allowed in this zone'; their to the pfepefty and employees and net geftefal publiG,-and G. 14 is MaSefiRbIO W afffiGipat@ that 01161M I.Nall 1 -he a demand fOF theSO HS66 fmin the etheF allowed businesses on th@ SUbJ06t ffepffty OF th& effiPlOYMS and that these uses will be pfifiraipally used by these other- allowed 4 9. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 41-10. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 42: 11. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 4Fr. 12. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 44. 13. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject property. Process I, II, III and IV are described in Chapter 19.55 FWRC, For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 11- Page S of 8 Rev 1/10 LU Section 5. FWRC. 19.235.030 "Limited commercial," is hereby amended to read as follows: 19.235.030 Limited commercial. The followine uses shall be Dermitted in the office Dark (OP) zone subiect to the regulations and notes set forth in this section: Ordinance No. 11- Page 6 of 8 Rev 1/10 LU USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN, across for REGULATIONS Minimums C Required Yards c ZONE OP w a x a SPECIAL REGULATIONS AND NOTES USE .°a Commercial or Process II None 25 ft. 20 ft. 20 ft. 35 ft. above 1 for every 1. If approved through process III, the height of a structure may exceed 35 ft. above average building elevation to a industrial average 500 sq. ft. maximum of 55 ft., if all of the following criteria are met: 35 ft. 120 ft. 120 ft. photography, Possible See building gross floor a. The additional height is necessary to accommodate the particular use conducted in the building; and 50 ft. 120 ft. 120 ft. cinematography Process note 7 elevation area, unless b. The subject property does not adjoin a residential zone; and See notes 2 and 9 or video III use c. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 35 ft. above production, See notes I includes average building elevation; and broadcast studio See note and 3 accessory d. The increased height will not block views designated by the comprehensive plan; and 1 uses, then e. The increased height is consistent with goals and policies for the area of the subject property as established by Newspaper determined the comprehensive plan. printing plant on a case- 2. Front yard setback: 25 ft. if entry is visible from R.O.W. and front facade is 15% glass; 35 ft. if landscape buffer by -case and stormwater facilities are located in the front yard; or 50 ft. if parking and driving areas are located in the front Research basis yard. development and 3. If any portion of a structure on the property is within 100 ft. of a residential zone, then that portion of the structure testing facilities, shall not exceed 30 ft. above average building elevation. including 4. May not conduct any activity or use on the subject property that involves the release of toxic or noxious gases, electronics fumes or odors. technologies and dental labs (Continued) Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 11- Page 6 of 8 Rev 1/10 LU 19.235.030 Limited commercial. (Continued) The following uses shall be permitted in the office park (OP) zone subiect to the regulations and notes set forth in this section: Ordinance No. 11- Page 7 of Rev 1/10 LU USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Reqaired Yards H y ZONE OP USE a x w a SPECIAL REGULATIONS AND NOTES Aesessery 5. The eity Enay allow a warvhouse faraility undef this seWen if it fneW Accessory uses may be allowed subject to the waseheuse €aeilities following criteria: See note 5 b- a The placement, orientation, design and other site design and architectural features of the proposed building and site plan demonstrate that this use will not detract from the principal character of the subject property as an office park. Convention, e: b The exterior appearance of the warehouse facility will be comparable to the exterior appearance of other conference, buildings on the subject property. and trade centers e:6 The subject property is designed so that truck parking, loading and maneuvering areas; areas where noise asseeiated with generating outdoor uses and activities may occur; and vents and similar features are located as far as possible from any aee#heF residential zone. • its this zone a. This use ereupies ne more than 5094 of the eembined gFess Roof afea of the developmem an the subjeet prepefty. 7. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development See note 6 requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 10. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 11. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject property. Process I,11, III and IV are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 at seq. Chapter 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. Ordinance No. 11- Page 7 of Rev 1/10 LU Section 6. 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 invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 9. 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 this day of 20 CITY OF FEDERAL WAY MAYOR, SKIP PRIEST ATTEST: CITY CLERK, CAROL MCNEILLY, 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.: KA2011 Code Amendments\Accessory Warehouse in OP Zone\LUTC\100311 Meeting\Ordinance.doc Ordinance No. 11- Page 8 of 8 Rev 1/10 LU Staff Report to the Planning Commission with Exhibits A -K City of Federal Way PLANNING COMMISSION I(June 15, 2011 City Hall 7.00 p.m. Council Chambers 1. AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES May 18, 2011 4. AUDIENCE COMMENT 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS • PUBLIC HEARING Proposed Amendments Related to Restaurants, Accessory Uses, and Convention Centers in the Office Park (OP) Zone 7. ADDITIONAL BUSINESS 8. ADJOURN Commissioners Merle Pfeifer, Chau Hope Elder. [rice -Chair Lawson Bronson Wayne Carlson Tom Medhurst Sarady Long Tim O'Neil r--Wbw i%ComissioMMilt44m& Ob15-I i.dw city staff Patrick Doherty, Director of Community & Economic Development Margaret Clark Principal Planner E Tina Piety, Administrative Assistant 253-835-2601 www.cH 2ffffk>nllvav can CITY OF FEDERAL WAY PLANNING COMMISSION May i8, 2011 City Hall 7:00 .m. Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Wayne Carlson, Tom Medhurst, Lawson Bronson, Tim O'Neil, and Sarady Long. Commissioners absent: None. Staff present: Planning Manager Isaac Conlen, Principal Planner Margaret Clark, Senior Planner Janet Shull, Assistant City Attorney Peter Beckwith, and Administrative Assistant Tina Piety. CALL TO ORDER Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of Apri1.20, 2011, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Mr. Conlen announced the next Planning Commission meeting will be June 15`h, which will be a public hearing on a citizen requested changes to the Office Park (OP) zone. COMMISSION BUSINESS PUBLIC HEARING — Proposed Amendments Related to Allowing Animal Kennels and Animal Care Facilities in the Neighborhood Business (BN) Zone Ms. Clark delivered the staff report. This is a request from a citizen (Jon Moore) to allow animal kennels, dog day care, and pet training in the Neighborhood Business (BN) zone. The proposed amendments include regulations that are intended to mitigate any adverse impacts associated with outdoor uses for animals and noise. The proposed amendments also include a definition for animal kennel. Commissioner O'Neil asked staff to explain how the noise regulations work. Ms. Clark responded the regulations are set by the state and it is her understanding they are based on measuring from where the noise originated to where it ends. A chart is used showing acceptable dBa (decimal levels) for certain zones. The length of time the noise continues is also taken into account. At night, the dBa limitation is reduced by 10. Commissioner Bronson was able to add to the explanation. The meter measures at the receiving end of the noise. Noise is dissipated by the square root of the distance. If you are ten feet away it -- one iiwi�u i€i+eu are 20 feet away itis one-fourth of that This is c�__a__1eg scale Drop mdBa _ by 10, halves the sound level. Commissioner Carlson asked if the noise regulations would pertain only to outdoor dog runs. He is concerned that some businesses that only have animals inside will still be too noisy. Commissioner Medhurst expressed concern about night time noise. Do other jurisdictions have time limits for outside runs? Commissioner O'Neil expressed concern over the number of animals. What about the noise if they have 50 to 60 animals? Ms. Clark responded that other jurisdictions do not have time limits. She went on to state that all businesses must comply with the city noise ordinance, which uses the same language as K:1Plmmio& Commissioa12011\1&eOdM Summary 05-I9-1 Ldoc Planning Commission Minutes Page 2 May i is, /-u 1 1 the state's noise regulations. There are some dog kennels in other zones of the city and the city has not received any noise complaints about them. Jon Moore — He is the owner of a grooming facility. He stated that dog day-care and dog kennel are two different things. Some dog day -cares will have an outdoor component. Generally, the animals are brought in at night. The business and animal owners do not want the animals left in an uncontrolled situation. If animals are left out at night, the night-time staff will calm the animals if they act -up and make a lot of noise. His business (and none of the others he is in contact with) has not received any noise complaints. He suggested the proposed amendments separate out breeding kennels. A breeding kennel may have up to 50 dogs and many unneutered males. They are very noisy and are not suited for the BN zone. Commissioner Bronson agreed that the breeding language should be removed from the amendments. Chair Pfeiffer noted that the city has not received any complaints about veterinary offices and they have many animals. Commissioner Carlson moved (and it was seconded) to adopt the proposed amendments with a change to the BN zone notes that breeding kennels are prohibited. The motion passed unanimously. The public hearing was closed STUDY SESSION — Bicycle and Pedestrian Master Plan Ms. Shull delivered the staff presentation. The citywide Bicycle and Pedestrian Master Plan is a component of the Cities Putting Prevention to Work (CPPW) grant. The overall goals are to: • Make it easier for citizens to choose active transportation; • Replace the existing non -motorized section of the comprehensive plan; • Improve overall connectivity of neighborhoods with commercial centers and recreation areas; • Improve connectivity of Federal Way with the regional bike and trail system; and • Address areas where fewer citizens have access'to cars and have fewer dollars to spend on transportation and higher rates of health issues. As stated above, the plan will replace the current non -motorized section of the Federal Way Comprehensive Plan transportation chapter. This section was last updated in 1994. An advisory committee was formed to help guide development of the plan. So far they have met three times. Their next meeting is May 23, 2011. The Commissioners are invited to attend. Staff is also gathering citizen input from an on-line survey and open -house meetings to be held in June. The city does have a number of biking routes, but they are disconnected. To date, the city has received approximately 50 responses to the on-line survey. The results show that those walking and biking mainly do so for exercise. Walkers and bikers are discouraged by traffic volume/noise and safety concerns, with bikers also discouraged by the lack of bike routes and facilities. Emerging themes include: improved overall network for biking and walking, integration with the regional system; supporting an active community; improved safety; and education. ADDITIONAL BUSINESS None ADJOURN The meeting was adjourned at 7:55 p.m. KAPl wuft C0mmiss+on12011 W 0ed"8 &MMY 05-18-1 "Oe Alk CITY OF 40'::tSP Federal Way STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way Revised Code Related to Restaurants, Accessory Uses, and Convention Centers in the Office Park (OP) Zone File No's: 10 -104120 -00 -UP & 11 -102056 -00 -SE Public Hearing of June 15, 2011 I. REASON FOR AMENDMENTS The Federal Way Revised Code (FWRC) requires the City to accept applications for code amendments on an annual basis. In September 2010, the City received a request from Roger Hazzard to amend FWRC 19.235.010 to increase the percentage of gross floor that can be used for accessory warehouse use from no more than 20 percent to no more than 50 percent. This request was presented to the Land Use/Transportation Committee (LUTC) and City Council on March 7, 2011, and April 5, 2011 respectively, and was selected to be part of the 2011 Planning Commission Work Program. Staff is also proposing changes to FWRC 19.235.030 that addresses accessory warehouse uses to make the language consistent with FWRC 19.235.010. In addition, staff is proposing other amendments related to the seating capacity of restaurants (FWRC 19.235.020) and to allow convention centers as a stand alone use as opposed to an accessory use (FWRC 19.235.030). II. BACKGROUND AND ANALYSIS A. Accessory Uses (i) Existing code language related to accessory warehouse uses. The FWRC allows accessory warehouses in the Office Park (OP) zone (Exhibit A, FWRC 19.235.010 Office/retail, and Exhibit B, FWRC 19.235.030 Limited Commercial), based on the following language: • FWRC 19.235.010 — Existing code language states that Office Use may include accessory uses such as �iisrareh use, retail sales., or service facilities, anti assembly Of prepared materials; which facilities and assembly areas utilize no more than 20 percent of the gross floor area (Exhibit A). • FWRC 19.235.030 — Existing code language allows warehouse use only as an accessory use to the primary use on the subject property if it occupies no more than 50 percent of the combined gross floor area of all uses (Exhibit B). (ii) FWRC definition of accessory use. FWRC 19.05.0 10 defines an accessory use as a use which is subordinate and incidental in size, scale, design, or purpose to the principal use or structure on the subject property, and supports the principal use or structure without displacing or dominating it. FWRC 19.265.010 further expands on this definition stating that an accessory use is a permitted use which is clearly secondary to the permitted principal use, building, or structure, and that both the total gross floor area and footprint of the accessory use must be less than the total gross floor area and footprint of the principal use on the subject property, respectively. In addition, the director of economic and community development is authorized to determine if a particular accessory use, building, or structure is normally associated with, clearly secondary to, and actually accessory to the particular permitted principal use, building, or structure. (iii) Rationale for proposed change. As of June 2010, the City of Federal Way had approximately 790,000 square feet of vacant office space (Exhibit C) out of a total of approximately three million square feet.' At 26 percent office vacancy, Federal Way has one of the highest office vacancy rates in the region. Mr. Hazzard, a long-time commercial real estate broker, who submitted the request for a zoning code amendment to increase the percentage of accessory warehouse in the OP zone states that he has received requests from smaller companies wishing to locate in Federal Way. These companies would like to combine their office and warehouse needs; however, they are having difficulty finding buildings to suit their need because existing inventory of buildings within the Commercial Enterprise (CE) zone which allows warehouses as an outright permitted use are too large to accommodate their need (Exhibit D). Calling out specific accessory uses appears to be too strict because an accessory use may change over time. For example, today a child care facility may be considered an accessory use to an office or industrial building, where this may not have been the case in the past. In addition, the existing FWRC definition of "accessory use" adequately addresses the intent. Furthermore, a recent trend in regulating land use has been a departure from the conventional zoning focus of segregating land uses towards using physical form as the organizing principle. This means that a use would be allowed in a particular zoning district if does not detract from the character of the zone and does not have any adverse impacts on adjacent uses. As a result, staff recommends allowing accessory uses based on the following conditions (proposed new language shown as underlined) Please refer to Exhibits E and F for the full text of the proposed code amendments): _____ _• The placemea orientatim design and other site design and architectural features of the proposed building and site plan demonstrate that this use will not detract from the principal character of the subject pro gM as an office park. 'Source: otl:icespace.com Staff Report to the Planning Commission Page 2 of 7 Restaurants, Accessory Uses, and Convention Centers in the OP Zone File #10-104120-WUP The exterior appearance of that portion of the building housing the accessory uses will be comparable to the exterior appearance of other buildings on the subiect property_ The subject property must be designed so that any truck parking, loading and maneuvering areas; areas where noise generating outdoor uses and activities may occur, and vents and similar features are located as far as possible from any residential zone. May not conduct any activity or use on the subject property that involves the release of toxic or noxious gases, fumes or odors. B. Seating Capacity of Restaurants (i) Existing code language related to restaurants. Existing code language in FWRC 19.235.020 allows restaurants as an outright permitted use, but limits seating capacity to no more than 50 persons (Exhibit G). (ii) Research from other cities. As part of the background research, staff reviewed ordinances from the cities of Kent, Auburn, Tukwila, Burien, Des Moines, Sea -Tac, Spokane Valley, and Renton to determine if restaurants were allowed in similarly zoned OP zones (Exhibit 1-1). Restaurants were permitted outright in Auburn, Tukwila, Des Moines, and Spokane Valley. Restaurants were permitted as an accessory use in Kent, Burien, Sea -Tac, and Renton. None of the cities limited seating capacity either for stand-alone or accessory uses. (iii)Rationale for proposed change. Staff recommends removing the 50 seating capacity limit (Exhibit 0, as this appears to be an arbitrary number. C. Convention Centers (i) Existing code language related to convention center. Existing code language in FWRC 19.235.030 allows convention, conference, and trade centers associated with another permitted use in the OP zone zone if the convention use portion occupies no more than 50 percent of the combined gross floor area of the development on the subject property (Exhibit B). (ii) Research from other cities. As part of the background research, staff reviewed ordinances from the cities of Kent, Aubum, Tukwila, Burien, Des Moines, Sea --Tac, Spokane ValiM and Renton to determine if convention centers were allowed as a stand-alone use in similarly zoned OP zones (Exhibit .n. Convention centers were permitted outright in Burien, Des Moines, Staff Report to the Planning Commission Page 3 of 7 Restaurants, Accessory Uses, and Convention Centers in the OP Zone 'File #10 -104120 -00 -UP Sea -Tac, and Renton and not permitted in Kent, Auburn, Tukwila, and Spokane Valley. Where permitted, the use was permitted outright and not as an accessory use. (iii) Rationale for proposed change. A list of outright permitted uses are shown on Exhibit K. It seems unlikely that a convention center would be associated with any use in the OP zone, except the office use. Staff, therefore, recommends allowing convention centers as an outright permitted use and not accessory to another principal use allowed in the OP zone (Exhibit F). III. PROCEDURAL SUMMARY 5/28/11 Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) 6/13/11 End of SEPA Comment Period 6/27/11 End of SEPA Appeal Period 6/15/11 Public Hearing before the Planning Commission IV. PUBLIC COMMENTS No comments were received as of the date of this report. V. REASON FOR PLANNING COMMISSION ACTION FWRC Chapter 19.80, Process VI Council Rezones," 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 amendments meets the criteria provided by FWRC 19.80.130. 3. To forward a recommendation to the City Council regarding adoption of the proposed zoning code text amendments. VI. DECISIONAL CRITERIA —F`�ic the compliance of the proposed zoning text amendments with the criteria provided by FWRC 19.80.130. The City may amend the text of the FWRC only if it finds that: Staff Report to the Planning Commission Page 4 of 7 Restaurants, Accessory Uses, and Convention Centers in the OP Zone File #10-104120-WUP 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. The proposed FWRC text amendments are consistent with the following Federal Way Comprehensive Plan (FWCP) policies and goals: LUP3 Use design and performance standards to create attractive and desirable commercial and office developments. LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. LUP35 Allow a broad range of commercial, retail, office, industrial, and supportive uses to meet the needs of workers and consumers, in well integrated, well functioning, high quality developments. EDG6 The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. EDP10 The City will work with the private sector to actively encourage the retention and expansion of existing businesses, as well as bring in new development, businesses, and jobs to the community. EDP18 The City will periodically monitor local and regional trends to be able to adjust plans, policies, and programs. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed FWRC text amendments are not directly related to the public health, safety, or welfare. However, allowing more flexibility for the establishment of accessory uses in this zone would encourage businesses that may have a need to combine uses that complement or depend on each other. In addition, not specifying a maximum seating capacity for restaurants would remove an arbitrary limitation on seating capacity and leave the decision on the size of individual restaurants up to the needs of the surrounding commercial development. Convention centers are compatible with office uses, and may be more likely to be constructed as a stand- alone facility to serve surrounding uses rather than as an accessory use. 3. The proposed amendment is in the best interest of the residents of the city. Approval of the proposed code amendments would benefit the City as a whole by providing flexibility for the establishment of accessory uses, restaurants, and convention centers in the OF zone; us, reducingthe: vacancy rate oro ices an encouraging n mic v Staff Report to the Planning Commission Page 5 of 7 Restaurants, Accessory Uses, and Convention Centers in the OP Zone File #10 -104120 -00 -UP VII. STAFF RECOMMENDATION Based on the above staff analysis and decisional criteria, staff recommends that the proposed amendments shown in Exhibits E, F, and 1, and summarized as follows, be recommended for approval by the Planning Commission: 1. Amendments to FWRC 19.235.010 to allow any accessory use subject to certain site design and architectural features (Exhibit E). 2. Amendments to FWRC 19.235.030 to allow any accessory use subject to certain site design and architectural features (Exhibit F). 3. Amendments to FWRC 19.235.020 to remove seating limitations for restaurants (Exhibit n. 4. Amendments to FWRC 19.235.030 to allow convention centers as a stand alone use (Exhibit F). VIII. PLANNING COMMISSION ACTION Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: 1. Recommend adoption of the FWRC text amendments as recommended by staff, 2. Modify the staff recommended FWRC text amendments and recommend to the City Council adoption of the FWRC text amendments as modified; 3. Recommend to the City Council that the proposed FWRC text amendments not be adopted; or 4. Forward the proposed FWRC text amendments to the City Council without a recommendation. Staff Report to the Planning Commission Page 6 of 7 Restaurants, Accessory Uses, and Convention Centers in the OP Zone File #10 -104120 -00 -UP Errs Exhibit A Use Zone Chart FWRC 19.235.010, Office/retail Exhibit B Use Zone Chart FWRC 19.235.030, Limited commercial Exhibit C Maps of 2011 Vacant Office Space in OP Zoned Areas Exhibit D Applicant's Explanation of Need for Code Amendment Exhibit E Amendments to Use Zone Chart FWRC 19.235.010, Office/retail Exhibit F Amendments to Use Zone Chart FWRC 19.235.030, Limited commercial Exhibit G Use Zone Chart FWRC 19.235.020, Entertainment — Commercial recreation Exhibit H Restaurants Comparison Matrix Exhibit I Amendments to Use Zone Chart FWRC 19.235.020, Entertainment — Commercial recreation Exhibit J Convention Centers Comparison Matrix Exhibit K Outright Permitted Uses in the OP Zone 02011 Code Amendments\AW=ory Warehouse in op ZonelPlanning Commission\061511 Padcd%taff Report to the Planning C=ffIbsan-doc Staff Report to the Planning Commission Page 7 of 7 Restaurants, Accessory Uses, and Convention Centers in the OP Zone File #10 -104120 -00 -UP Chapter 19.235. Office Park (OP) 19.235.010 Offic /retail, The follovI uses shall be permitted in the office park (OP) zone subject to the regulations and notes set forth in this section: 02011 Code Warehouse in OP Zone\Planning Commission\061511 Packet\19-235-010 Office, Retail.DOC USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN, across for REGULATIONS rn Minimums p ZONE Regwired Yards OP USE a to C 04 h c .Y 04 a SPECIAL REGULATIONS AND NOTES Office use Pf DOCSS II None 25 ft. 120 ft. 120 ft. 55 ft. General 1. If approved through process II1, the height of a structure may exceed 55 ft. above average building elevation Possible above office and to a maximum of 70 ft., if all of the following criteria are met: 35 ft. 120 ft. 20 ft. Retail III See average retail: I for a. The additional height is necessary to accommodate the particular use conducted in the building; and 50 ft. 120 ft. 120 ft. establishment note 10 building each 300 sq. b. The subject property does not adjoin a residential zone; and See notes) and 12 providing Ste notes elevation ft. gross floor c. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 55 ft, banking and 1 ind 3 area above average building elevation; and related See notes d. The increased height will not block views designated by the comprehensive plan; and financial 1 and 3 Medical and e. The increased height is consistent with goals and policies for the area of the subject property as services dental office: established by the comprehensive plan. 1 for each 2. Front yard setback: 25 ft, if entry is visible from R.O.W. and front facade is 15% glass; 35 ft. if landscape Retail sales of 225 sq. ft. of buffer and stormwater facilities are located in the front yard; or 50 ft. if parking and driving areas are located groceries, gross floor in the front yard. produce and area 3. If any portion of a structure on the subject property is within 100 ft. of a residential zone, then that portion related items of the structure shall not exceed 30 ft. above average building elevation. Mixed Uses: 4. Office use may include accessory warehouse, retail sales or service facilities and assembly of prepared See note 9 Determined materials, which facilities and assembly areas utilize no more than 200/a of the gross floor area. on a case -by- 5. The subject property must be designed so that any truck parking, loading and maneuvering areas; areas Retail case basis where noise generating outdoor uses and activities may occur, and vents and similar features are located as far establishment as possible from any residential zone. providing 6. May not conduct any activity or use on the subject property that involves the release of toxic or noxious office supplies, gases, fumes or odors. printing and 7. Outdoor use, activity and storage is regulated by FARC 19.125.170. duplicating Continued Process I, II, 111 and I V are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWR Chapter 19.60 FWR Chapter 19.65 FWRC,For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC respectively. For details regarding required yards, we FWRC 19.125.160 et seq. 02011 Code Warehouse in OP Zone\Planning Commission\061511 Packet\19-235-010 Office, Retail.DOC 19.235.010 Offi/retail. (Continued) The followin uses shall be permitted in the office park (OP) zone subject to the reolations and notes set forth in this section: K:\2011 Code m Warehouse in OP Zone\Planning Commission\061511 Packet\19-235-010 Office, Retail.DOC �N j it X Ca I� USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN across for REGULATIONS rn Minimums p13 P ZONE Required Yards A � a OP USE a a .°� Vx r� iz a x a s SPECIAL REGULATIONS AND NOTES 8. Access to and from drive-through facilities must be approved by the public works department. Drive-through facilities must be designed so that vehicles will not block traffic in the street while waiting in line and will not unreasonably interfere with on-site traffic flow. 9. The city may approve these uses if they meet the following criteria: a, They are clearly secondary to and supportive of other uses on the subject property allowed in this zone; and b. By their location and configuration, they are principally oriented to the other allowed uses on the subject property and their employees and not to the general public; and c. It is reasonable to anticipate that there will be a demand for these uses from the other allowed businesses on the subject property or their employees and that these uses will be principally used by these other allowed businesses or their employees. 10. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 11. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 12. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 13. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 14. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject property. Process I, 11,IIF and Chapter 19..55 FWRC,, described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC n Wectively. For details regarding required yards, see FWRC 19.125.160 et seq. K:\2011 Code m Warehouse in OP Zone\Planning Commission\061511 Packet\19-235-010 Office, Retail.DOC �N j it X Ca I� 19.235.030 Limit d commercial. The followine uses shall be nermitted in the office nark (OP) zone subiect to the reeulations and notes set forth in this section: K:\2011 Code Warehouse in OP Zone\Planning Commission\061511 Packet\19.235-030 Limited Commercial.doc USE ZONE CHART D CTIONS: FIRST read down to find use ... THEN across for REGULATIONS Minimums ReA aired Yards x y ZONE 461� OP USE a s as -u H a x a s SPECIAL REGULATIONS AND NOTES Commercial or Proc ss II None 25 ft. 20 ft. 20 ft. 35 ft. above 1 for every 1. If approved through process III, the height of a structure may exceed 35 ft. above average building elevation to a industrial average 500 sq. ft, maximum of 55 ft., if all of the following criteria are met: 35 ft. 120 ft. 120 ft, photography, Poss ble See building gross floor a. The additional height is necessary to accommodate the particular use conducted in the building; and 50 ft. 120 ft. 120 ft. cinematography Proo ss note 7 elevation area, unless b. The subject property does not adjoin a residential zone; and See notes 2 and 9 or video III use c. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 35 ft. above production, See notes 1 includes average building elevation; and broadcast studio See r ote and 3 accessory d. The increased height will not block views designated by the comprehensive plan; and 1 uses, then e. The increased height is consistent with goals and policies for the area of the subject property as established by Newspaper determined the comprehensive plan. printing plant on a case- 2. Front yard setback: 25 ft. if entry is visible from R.O.W. and front facade is 15% glass; 35 ft. if landscape buffer by -case and stormwater facilities are located in the front yard; or 50 ft. if parking and driving areas are located in the front Research basis yard. development and 3. If any portion of a structure on the property is within 100 ft. of a residential zone, then that portion of the structure testing facilities, shall not exceed 30 ft. above average building elevation. including 4. May not conduct any activity or use on the subject property that involves the release of toxic or noxious gases, electronics fumes or odors. technologies and dental labs (Continued) Process 1, 11, Ill and IV are described in For other information about parking and parking areas, see C P B P B hapten 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRMC Chapter 19.65 FWRC,. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC rap For details regarding required yards, see FWRC 19.125.160 et seq. K:\2011 Code Warehouse in OP Zone\Planning Commission\061511 Packet\19.235-030 Limited Commercial.doc 19.235.03(1 Limi commercial. (Continued) K:\2011 Code Warehouse in OP Zone\Planning Commission\061511 Packet\ 19-23 5-030 Limited Commercial.doc M X zC �9 USE ZONE CHART DIE ECTIONS- FIRST read down to find use ... THEN,across for REGULATIONS Minimums Req aired Yards C v ZONE OP OG a Fn aC x a SPECIAL REGULATIONS AND NOTES USE W, Accessory 5. The city may allow a warehouse facility under this section if it meets the following criteria: warehouse a. This use is accessory to the primary use on the subject property and occupies no more than 50% of the combined facilities gross floor area of this use and the primary use. b. The placement, orientation, design and other site design and architectural features of the proposed building and site See note 5 % plan demonstrate that this use will not detract from the principal character of the subject property as an office park. c. The exterior appearance of the warehouse facility will be comparable to the exterior appearance of other buildings Convention, on the subject property. conference, d. The subject property is designed to accommodate the truck traffic and other manifestations of this use. and trade e. The subject property is designed so that truck parking, loading and maneuvering areas; areas where noise centers generating outdoor uses and activities may occur; and vents and similar features are located as far as possible from any associated with residential zone. another 6. The city may allow a convention, conference or trade center under this section if it meets the following criteria: permitted use a. This use occupies no more than 50% of the combined gross floor area of the development on the subject property. in this zone 7. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. See note 6 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 10. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 11. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject property. Process I, 11, III and IV Chapter 19.55 FWRC, are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. rn 1 1 1 Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, we FWRC 19.110.050 at seq. Chapter 19.70 FWRC spectively. For details regarding required yards, see FWRC 19.125.160 et seq. K:\2011 Code Warehouse in OP Zone\Planning Commission\061511 Packet\ 19-23 5-030 Limited Commercial.doc M X zC �9 1� ;.J(� Potie y Bay Riao.nao IBJ��9�Q El 99 b sag otn�u s549 *W FWSW 31-!,.,nr S 312th St 1hse: i take M { SW 370th St s 32 Sc Celwa �a Sw 3UV, 3 F0*ERFR BY 1 Mi 1 km ark r X I Maq A Satellite II Hybrid I �h St 88 :i:d Est I.:ykr. Pala 1108 South 322nd Place Building 11th Place Center 1627 South 312th E:uilding 202 Professional Building 31219 Pacific H,,%- •' South 32020 Professional Building 34507 Pacific High% -..ay Building 35109 Pacific High,.+ay _3outh 9th Avenue Pavilion Abam Building Agency Building Bae Building Brooklake Professional Center Brooklake ',tillage Campus Square - C Capitol Square 1-4edical-Dental- :1rof. Center Cary Lang.Buildinj Cedar Park at 16est Campus X* Cedars 340 Building Cedars Building W S 3161h Si The Center gChamber of Commerce Building , East Campus Corporate Park I 900 dpwp a, East Campus Corporate Park III A �+ East Campus Corporate Park III B " East Campus Corperate Park III C- `� East Campus Corporate Park Iv East Campus Corporate Park V u� t Lukes g East Campus Corporate Park vI = 18 East Campus Plaza - - East Campus Plaza - 5 East Campus: Terrace Building A East Campus Terrace Building 6 East Campus Terrace Building C �342ndSt Emerald Professional Center 3: Evergreen Corporate Center Fed flay Center Federal '►^lay Center Federal '►A1ay DSHS A Federal way Medical and Professional ti ► Federal %-%lay Medical Center Er Federal %Play Medical Dental D _ a 141op data42011 G009ba.71I),J& Of t:_. Close '.'.'indc,,r ;anern 5t y i m rn D 5 296tn St M { Lakeland " North 3U4th 4% L yka 1s.,uulr �h St 88 :i:d Est I.:ykr. Pala 1108 South 322nd Place Building 11th Place Center 1627 South 312th E:uilding 202 Professional Building 31219 Pacific H,,%- •' South 32020 Professional Building 34507 Pacific High% -..ay Building 35109 Pacific High,.+ay _3outh 9th Avenue Pavilion Abam Building Agency Building Bae Building Brooklake Professional Center Brooklake ',tillage Campus Square - C Capitol Square 1-4edical-Dental- :1rof. Center Cary Lang.Buildinj Cedar Park at 16est Campus X* Cedars 340 Building Cedars Building W S 3161h Si The Center gChamber of Commerce Building , East Campus Corporate Park I 900 dpwp a, East Campus Corporate Park III A �+ East Campus Corporate Park III B " East Campus Corperate Park III C- `� East Campus Corporate Park Iv East Campus Corporate Park V u� t Lukes g East Campus Corporate Park vI = 18 East Campus Plaza - - East Campus Plaza - 5 East Campus: Terrace Building A East Campus Terrace Building 6 East Campus Terrace Building C �342ndSt Emerald Professional Center 3: Evergreen Corporate Center Fed flay Center Federal '►^lay Center Federal '►A1ay DSHS A Federal way Medical and Professional ti ► Federal %-%lay Medical Center Er Federal %Play Medical Dental D _ a 141op data42011 G009ba.71I),J& Of t:_. Close '.'.'indc,,r City of �Map Date: June 2 1 . Federal Way2011 Vacant Office spN (P)253-835-7000 (W) www.cityoffederalway.com Le end ~ �Ofltt$ Vada ny data:from www. ffice ie.com, June 11. 9. { Vacant Office Space 2 I } _ SgFt , :,. S 3Q4TH ST, - Mi / .. .. ,-� TS 304TH PL 100 - 5800 sgft D t 5800-14000 stom,- e L Ife _ � �cr�e W 14000 - 39000 2 co LU fes` >cn St Paricke ?„ 39000 - 84000 n Q w Q -�j - > H L UWj 'dp t ' 320T S SW 320TH ST Cn N a + LL Celebration < Park >W 330TH y "'X O , 0� i S 344TH S i carr of This map is intended for use 0 0.25 0.5 as a graphical representation. Federal Way Miles The City of Federal Way makes N no warranty as to its accuracy. OP ZONE AMENDMENT EXPLANATION OF NEED: Market activity and requests for space within Federal Way has shoN.m a need by smaller companies, wishing to locate to Federal Way, the ability to combine their office paid warehouse needs. Existing inventory within the CE Zone is either non existent or too large to accommodate the need. The existing OP zoning use chart and options set forth in 19.235.030 are in conflict and leave staff without the ability to encourage office/warehouse combinations for users. Sec. 19.235.030 clearly allows up to 50% of gross building area for accessory warehouse while 19.235.10, Para. 4, conflicts with Sec. 19.235.030. On two occasions related to 33811 - 9th. Avenue S., an OP office property, the relocation or use of the property by a local company failed due to staff's inability to interpret the code due to the 20% verse 50% accessory warehouse confusion. SEP 2 9 2L !q CIT`( r j= FEDERAL 14VAy CDS Chapter 19.235. Office Park (OP) 19.235.010 Office/ret il. The following uses shall be permitted in the office nark (OP) zone subject to the reizulations and notes set forth in this sectinn- KA2011,Code Warehouse in OP Zone\Planning Commission\061511 Packet\Amended 19-235-010 Office, Retail.DOC USE ZONE CHART CTIONS: FIRST read down to find use ... THEN, across for REGULATIONS rn Minimums Reqwired Yards 0 ,,ZONE ce OP USE N _ a SPECIAL REGULATIONS AND NOTES Office use P ocess II None 25 ft. 20 ft. 20 ft. 55 ft. General 1. If approved through process III, the height of a structure may exceed 55 ft. above average building elevation 35 ft. 120 ft 20 ft, P issible above office and to a maximum of 70 ft., if all of the following criteria are met: Retail II See average retail: 1 for a. The additional height is necessary to accommodate the particular use conducted in the building; and 50 ft. 120 ft. 120 ft. establishment note l0 building each 300 sq. b. The subject property does not adjoin a residential zone; and Except 20 ft. along providing See notes residential zones for elevation ft. gross floor c. Each required yard abutting the structure is increased one ft. for each one ft, the structure exceeds 55 ft. banking and 1 side and rear yards area above average building elevation; and related See notes d. The increased height will not block views designated by the comprehensive plat; and financial See notes 2 and 44 1 and 3 Medical and e. The increased height is consistent with goals and policies for the area of the subject property as services 11 dental office: established by the comprehensive plan. I for each 2. Front yard setback: 25 ft, if entry is visible from R.O.W. and front facade is 15% glass; 35 ft. if landscape Rebs sales e€ 225 sq, ft. of buffer and stormwater facilities are located in the front yard; or 50 ft. if parking and driving areas are located gresenes; gross floor in the front yard. predose ettd area 3. If any portion of a structure on the subject property is within 100 ft. of a residential zone, then that portion -i{ewts of the structure shall not exceed 30 ft. above average building elevation. Mixed Uses: 4. ccessory See were 9 Determined ° . rues may be on a case -by- allowed subject to the following criteria: Retail case basis a The placement, orientation design and other site design and architectural features of the proposed building and site plan demonstrate that this use will not detract from the principal character of the subject establishment proper as an office park. providing office supplies, b The exterior appearance of that portion of the building housing the accessory uses will be comparable to the exterior appearance of other buildings on the subject property. printing and duplicating 5. The subject property must be designed so that any truck parking, loading and maneuvering areas; areas where noise generating outdoor uses and activities may occur, and vents and similar features are located as far as possible from any residential zone. 6. May not conduct any activity or use on the subject property that involves the release of toxic or noxious gases, fumes or odors. Continued Process 1, 1I, III and Chapter 19.55 FWR I V are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. , Chapter 19.60 FWR Chapter 19.65 FWR For details of what may exceed this height limit, see FWRC 19.110.050 et s Char 19.70 FWRC respectively. For details regarding required yards, see FWRC 19.125.160 et seq. KA2011,Code Warehouse in OP Zone\Planning Commission\061511 Packet\Amended 19-235-010 Office, Retail.DOC 19.235.010 Office/re I (Continued) The followinir use shall be permitted in the office nark (OP) zone subiect to the reeulations and notes set forth in this section: K:\2011 Code Warehouse in OP Zone\Planning Commission\061511 Packet\Amended 19.235-010 Office, Retail.DOC M X -� 0� M inti ca USE ZONE CHART D CTIONS: FIRST read down to find use ... THEN across for REGULATIONS W p Minimums Re uired Yards ZONE o OP V USE o�c Cn S w i a4 x � 3 Y a a SPECIAL REGULATIONS AND NOTES 7. Outdoor use, activity and storage is regulated by FWRC 19.125.170. 8. Access to and from drive-through facilities must be approved by the public works department. Drive-through facilities must be designed so that vehicles will not block traffic in the street while waiting in line and will not unreasonably interfere with on-site traffic flow. --a4hoyamalowlysseen"Ey &Rd SUPPOFtivis 4-F Ot-h&F 'UsIA-S A -A t-116-1 SUN66t PEOPOFE)' &110 Wed ift this zone; publiatwd Itisreasenablat amioiliate that thmwill h@ 8 (16ER&Rd fOF 111060 US88 40M th'I'AhAf allowed businesses en this SUbjeOl Pfep@Ft5' OF thOiF OffiP105'009 &Rd that th@50 Uses Will b@ PFiFkG;P&Iiy US@d b)'thdSd OthOF allowed - W, 9, No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 44-. A For community design guidelines that apply to the project, see Chapter 19.115 FWRC. d -2-I1 For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 12. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 44: a Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject property. Process 1, n, III and I Chapter 19.55 FWRC,, are described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC spectively. For details regarding required yards, see FWRC 19.125.160 et seq. K:\2011 Code Warehouse in OP Zone\Planning Commission\061511 Packet\Amended 19.235-010 Office, Retail.DOC M X -� 0� M inti ca 19.235.030 Lim ted commercial. The followini uses shall be n'ermitted in the office nark (OP) zone subiect to the re¢ulations and notes set forth in this section: K:\2011 Code Warehouse in OF Zone\Planning Commission\061511 Packet\Amended 19-235-030 Limited Commercial.doc USE ZONE CHART DII ECrIONS: FIRST,. read down to find use... THEN across for REGULATIONS V) .. Minimums Re wired Yards ZONE � a a � A ! OP _o; Y USE a' .a° c� 0 09 x Cr a a SPECIAL REGULATIONS AND NOTES Commercial or Pro ess II None 25 ft. 20 ft. 20 ft. 35 ft. above I for every 1. If approved through process III, the height of a structure may exceed 35 ft. above average building elevation to a 35 ft. 120 ft. 20 ft. industrial average 500 sq. ft. maximum of 55 ft., if all of the following criteria are met: photography, POs ible See building gross floor a. The additional height is necessary to accommodate the particular use conducted in the building; and 50 ft. 120 ft. 20 ft. cinematography Process note 7 elevation area, unless b. The subject property does not adjoin a residential zone; and See notes 2 and 9 or video III use c. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 35 ft. above production, See notes 1 includes average building elevation; and broadcast studio See ote and 3 accessory d. The increased height will not block views designated by the comprehensive plan; and 1 uses, then e. The increased height is consistent with goals and policies for the area of the subject property as established by Newspaper determined the comprehensive plan. printing plant on a case- 2. Front yard setback: 25 ft. if entry is visible from R.O.W. and front facade is 15% glass; 35 It. if landscape buffer by -case and stormwater facilities are located in the front yard; or 50 ft. if parking and driving areas are located in the front Research basis yard. development and 3. If any portion of a structure on the property is within 100 ft. of a residential zone, then that portion of the structure testing facilities, shall not exceed 30 ft. above average building elevation. including 4. May not conduct any activity or use on the subject property that involves the release of toxic or noxious gases, electronics fumes or odors. technologies and dental labs (Continued) �T9 Process I, 11, III and IV described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, L J ll, Chapter 19.611 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 at seq. m Chapter 19,70 FWRCFor res�tively. details regarding required yards, see FWRC 19.125.160 et seq. K:\2011 Code Warehouse in OF Zone\Planning Commission\061511 Packet\Amended 19-235-030 Limited Commercial.doc 19.235.030 DIIRECTIONS: FIRST, read down to find use ... THEN, rn z y Minimums N R wired Yards oe and trade centers USE ZONE CHART ZONE OP SPECIAL REGULATIONS AND NOTES S. Accessoryuses may be allowed subject to the following criteria: -11.. This 1-180- .-Q -AGIONS813' tO the PAIRRIFY US@ en the subjerat pEep", and araeupies Re mem than 50% afthd oembiiie b- g, The placement, orientation, design and other site design and architectural features of the proposed building and site plan demonstrate that this use will not detract from the principal character of the subject property as an office park. a: b, The exterior appearance of the warehouse facility will be comparable to the exterior appearance of other buildings on the subject property. e- j The subject property is designed so that truck parking, loading and maneuvering areas-, areas where noise generating outdoor uses and activities may occur; and vents and similar features are located as far as possible from any residential zone. -7- 6 No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 9- Z For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 4- B. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 40. 9- For sign requirements that apply to the project, see Chapter 19.140 FWRC. 1Q Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject property. Process 1, H. III and I are described in L�— For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.54 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC spectively, For details regarding required yards, see FWRC 19.125.160 et seq. K:\2011 Code Amen ments\Accessory Warehouse in OP Zone\Planning Commission\061511 Packet\Amended 19-235-030 Limited Commercial.doc 10 M JJ n , N 19.235.020 Ente tainment — Commercial recreation. The followink uses shall be permitted in the office park (OP) zone subiect to the reaulations and notes set forth in this section: K:\2011 Code Warehouse in OP Zone\Planning Commission\061511 Packet\I9-235-020 Entertainment, Commercial Recreation.doc USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN, across for REGULATIONS Minimums Required Yards ZONE o t CQOP in A Cr USE S iz a x a s SPECIAL REGULATIONS. AND NOTES Restaurant Proce s II None 25 ft. 20 ft. 20 ft. 35 ft. above Restaurant: 1. If approved through process III, the height of a structure may exceed 35 ft. above average building elevation to with seating average 1 for every a maximum of 55 ft., if all of the following criteria are met: 35 ft. 120 ft. 20 ft. capacity for Possible See building 100 sq. ft. a. The additional height is necessary to accommodate the particular use conducted in the building; and 50 ft. 120 ft. 20 ft. no more than Process notes 3 elevation gross floor b, The subject property does not adjoin a residential zone; and See notes 2, 7 and 8 50 persons III and 5 area c. Each required yard abutting the structure is increased one ft. for each one ft, the structure exceeds 35 ft. See notes I above average building elevation; and Commercial and 4 Recreation: d. The increased height will not block views designated by the comprehensive plan; and recreation Determined e. The increased height is consistent with goals and policies for the area of the subject property as established facility on a case -by- by the comprehensive plan, case basis 2. Front yard setback: 25 ft. if entry is visible from R.O.W. and front facade is 15% glass; 35 ft. if landscape buffer and stormwater facilities are located in the front yard; or 50 ft. if parking and driving areas are located in front yard. 3. The subject property must be designed so that any truck parking, loading and maneuvering areas; areas where noise generating outdoor uses and activities may occur; and vents and similar features are located as far as possible from any residential zone. 4. If any portion of a structure on the subject property is within 100 ft. of a residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation. 5. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e., required buffers, parking lot landscaping, surface water facilities, etc. 6. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 7. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 8. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 9. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject property. Process I, It, III and IV i cc described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC' Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 at seq. Chapter 19.70 FWRC rc spectively, For details regarding required yards, see FWRC 19.125.160 et seq. K:\2011 Code Warehouse in OP Zone\Planning Commission\061511 Packet\I9-235-020 Entertainment, Commercial Recreation.doc RESTAURANTS COMPARISON MATRIX CITY PERMISSION Kent Permitted as an accessory use (no drive - Office District (0) through) Auburn Residential Office (RO) & Residential Permitted outright (no drive-through) Office -Hospital District (RO-M Tukwila Office (0) District Permitted outright Burien rive- Permitted as an accessory use (no drive- Office Off ce Zone (0) through) Des Moines Permitted outright B -P Business Park Zone Sea -Tac Off ce/CommerciaUMixed Use Permitted as an accessory use (no drive- (O/C/MU) through) Spokane Valley Permitted outright (drive-through allowed as Office District (0) an accessory use) Renton Permitted as an accessory use to office use Commercial Office (CO) (Shall not stand alone and shall not occupy more than 25 percent) K:12011 Code AmendmentslAccessory Warehouse in OP Zone0anning Commission1061511 PadceWtestaurant Comparison Matrix.doc 19.235.020 Entertainment — Commercial recreation. The followink uses shall be permitted in the office park (OP) zone subiect to the reputations and notes set forth in this section: K-.\2011 Code Warehouse in OP Zone\Planning Commission\061511 Packet\Amended 19-235-020 Entertainment, Commercial Recreation.doc USE ZONE CHART DIRECTIONS: FIRST read down to find use ... THEN, across for REGULATIONS Minimums ZONE Req wired Yards ot_ a, OP ' w v is X a s SPECIAL REGULATIONS AND NOTES USE 3 iz x x Restaurant Proce s II None 25 ft. 20 R 120 ft. 35 ft. above Restaurant: 1. If approved through process III, the height of a structure may exceed 35 ft. above average building elevation to ft. 20 ft. 20 ft. with seating35 average I for every a maximum of 55 ft., if all of the following criteria are met: eapasity fpr Possi le See building 100 sq. ft. a. The additional height is necessary to accommodate the particular use conducted in the building; and 50 ft. 20 ft. 20 ft. ee IweFe titan Proce s notes 3 elevation gross floor b. The subject property does not adjoin a residential zone; and See notes 2, 7 and 8 50 peFsens III and 5 area c. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 35 ft. See notes I above average building elevation; and Commercial and 4 Recreation: d. The increased height will not block views designated by the comprehensive plan; and recreation Determined e. The increased height is consistent with goals and policies for the area of the subject property as established facility on a case -by- by the comprehensive plan. case basis 2. Front yard setback: 25 ft. if entry is visible from R.O.W. and front facade is 15% glass; 35 ft. if landscape buffer and stormwater facilities are located in the front yard; or 50 ft. if parking and driving areas are located in front yard. 3. The subject property must be designed so that any truck parking, loading and maneuvering areas; areas where noise generating outdoor uses and activities may occur; and vents and similar featurei are located as far as possible from any residential zone. 4. If any portion of a structure on the subject property is within 100 ft. of a residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevation. 5. No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i.e,, required buffers, parking lot landscaping, surface water facilities, etc. 6. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 7. For landscaping requirements that apply to the project, see Chapter 19.125 FWRC. 8. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 9. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply to the subject property. Process I, II; III and IV i we described in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.70 FWRC ri spectively. For details regarding required yards, see FWRC 19.125.160 et seq. K-.\2011 Code Warehouse in OP Zone\Planning Commission\061511 Packet\Amended 19-235-020 Entertainment, Commercial Recreation.doc ,EXHIB1 x CONVENTION CENTERS COMPARISON MATRIX CITY PERMISSION Kent Not permitted Office District (0) Auburn Residential Office (RO) & Residential Not permitted Office -Hospital District (RO-ffi Tukwila Not permitted Office (0) District Burien permitted Office Zone (0) Des Moines permitted B -P Business Park Zone Sea -Tac permitted Off ce/Commercial/Mixed Use (O/C/ME9 Sp2kane Valley Not permitted Office District (0) Renton Permitted Commercial Office (CO) KA2011 Cale AmendmentAAccessory Warehouse in OP Zone0anning Commission1061511 PadwWonvention Centers Comparison Matrixdoc OUT -RIGHT PERMITTED USES IN THE OP ZONE • Office use • Retail establishment providing banking and related financial services • Retail establishment providing office supplies, printing and duplicating • Restaurant with seating capacity for no more than 50 persons • Commercial recreation facility • Commercial or industrial photography, cinematography or video production, broadcast studio • Newspaper printing plant • Research development and testing facilities, including electronics technologies and dental labs • Schools, colleges, universities, or business or vocational schools • Commercial day care facilities • Hospitals, convalescent centers, nursing homes • Funeral homes and mortuaries • Government facility, public parks, and public transit shelter • Public utility • Personal wireless service facility • Church, synagogue or other place of religious worship IC U011 Code An=dments\Ad=sory Warehouse in OP Zone\Planning Commission\061511 PxkeWutright pemnitted uses doc Minutes of the June 15, 2011 Planning Commission Public Hearing CITY OF FEDERAL WAY PLANNING COMMISSION June 15, 2011 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Wayne Carlson, Tom Medhurst, Lawson Bronson, Tim O'Neil, and Sarady Long. Commissioners absent: None. Staff present: Planning Manager Isaac Conlen, Principal Planner Margaret Clark, Assistant City Attorney Peter Beckwith, and Administrative Assistant Tina Piety. CALL TO ORDER Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of May 18, 2011, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Mr. Conlen stated the next Planning Commission meeting has not been set. COMMISSION BUSINESS PUBLIC HEARING — Proposed Amendments Related to Restaurants, Accessory Uses, and Convention Centers in the Office Park (OP) Zone Ms. Clark delivered the staff report. This is a request from a citizen (Roger Hazzard) to amend Federal Way Revised Code (FWRC) 19.235.010 to increase the percentage of gross floor that can be used for accessory warehouse use. While researching this request, staff found other items that should be addressed; hence amendments to FWRC 19.235.030 (also addressing warehouse use), FWRC 19.235.020 (addressing seating capacity of restaurants), and FWRC 19.235.030 (addressing convention centers) were added to this proposal. There was no public comment. Ms. Clark stated that Mr. Hazzard had told her he supports the staff recommendation. Commissioner O'Neil asked if there was any logic behind the 20% regulation for accessory uses. Ms. Clark replied she is unaware of the logic behind the 20% regulation. The City of Federal Way adopted the Kirkland zoning code when we incorporated and that code had the 20% regulation. The city has not received any question or complaint about the 20% regulation before this and therefore, the staff has never researched the regulation before this time. Commissioner O'Neil asked if the 20% regulation is monitored. Ms. Clark replied it is monitored when an applicant applies for a tenant improvement. KAPlanning Commission\2011\Meeting Summary 06-15-11.doc Planning Commission Minutes Page 2 June 15, 2011 Commissioner Bronson asked how many OP zones are in the city and what is the acreage. Ms. Clark replied that she does not have the acreage with her at this time. The West Campus area has the largest OP zone in the city. There is also a smaller one at 1 st and 320"', another at 2151 and 320th, and another opposite the Federal Way High School. Commissioner Carlson moved (and it was seconded) to recommend approval of the proposed amendments to FWRC 19.235.010 and 19.253.030 to allow any accessory use subject to certain site design and architectural features. The motion carried. Commissioner Carlson moved (and it was seconded) to recommend approval of the proposed amendment to FWRC 19.235.020 to remove seating limitations for restaurants. The motion carried. Commissioner Carlson moved (and it was seconded) to recommend approval of the proposed amendment to FWRC 19.235.030 to allow convention centers as a stand alone use. The motion carried. The public hearing was closed. ADDITIONAL BUSINESS None ADJOURN The meeting was adjourned at 7:25 p.m. KAPlanning Commission\201 Meeting Summary 06-15-1 Ldoc Minutes of the July 18, 2011 LUTC Meeting City of Federal Way City Council Land Use and Transportation Committee July 18, 2011 City Hall 6:00 PM City Council Chambers MEETING SUMMARY Committee members in Attendance: Committee Chair Linda Kochmar, Committee member Jim Ferrell and Committee member Jack Dovey Councilmember in Attendance: Deputy Mayor Dini Duclos Staff in Attendance: Director of Parks, Public Works and Emergency Management Cary Roe, Deputy Public Works Director Marwan Salloum, Deputy Public Works Director Ken Miller, City Traffic Engineer Rick Perez, Surface Water Manager Will Appleton, Senior Traffic Engineer Jesse Hannahs, Principal Planner Margaret Clark, Planning Manager Isaac Conlen, Assistant City Attorney Peter Beckwith, and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Kochmar called the meeting to order at 6:00 PM. 2. PUBLIC COMMENT There was no public comment. 3. BUSINESS ITEMS Forward Topic Tide/Description to Council A. Approval of the June 13, 2011 LUTC Minutes Committee approved the June 13, 2011 LUTC minutes as presented. Moved: Ferrell Seconded: Dovey Passed: Unanimously, 3-0 B. Truck Route Ordinance City Traffic Engineer Rick Perez presented information on this item. Staff incorporated the Committee's recommendation from the June 13, 2011 and revised the ordinance, redefining local deliveries as those with origins or destinations within the city, or firms having corporate headquarters within the city, but otherwise would not allow any number of non -local deliveries to use roadways that are not designated truck routes. N/A Aug. 2, 2011 Ordinance I" Reading There was one public comment: Bob Cooper, Lloyd Enterprises, Inc., Federal Way — Mr. Cooper expressed his thanks and sincere appreciation to staff and the committee for their efforts in clarifying the ordinance _language in way t is business- Committee usine s Committee forwarded Option #1 as presented. Moved: Ferrell. Seconded: Dovey Passed: Unanimously; 3-0 Land Use/Transportation Committee Page 2 July 1M, 2U11 C. WSDOT Traffic Busters Fiber Optic Cable Connection — Bid Award Aug. 2, 2011 Consent D. E. Senior Traffic Engineer Jesse Hannahs presented information on this item. There was no public comment. Committee member Dovey inquired on bid item #6 being considerably lower than the other bidders. Could that low bid present a problem later on? City Traffic Engineer Perez explained that when scoping out the items for the project, staff received a very broad range of responses and quotes for Bid Item #6, Fiber Optic Cable System, Complete and was not surprised at the varied bids. Mr. Perez also explained that some of the bid difference also lies with which companies may do the work themselves and which will have to sub -contract. Committee forwarded Option #1 as presented. Moved: Dovey Seconded: Ferrell WTSC School Zone Flashing Beacon Grant Acceptance Passed: Unanimously, 3-0 Senior Traffic Engineer Jesse Hannahs presented information on this item. There was no public comment. Committee member Dovey asked about the difference in cost between Nautilus Elem. and the other school locations. Mr. Hannahs explained that Nautilus was receiving a brand new installation of the flashing beacon, whereas, the other 10 locations where receiving retrofits to their existing systems. There was some discussion on the location of the school zone flashers at Nautilus Elem. This particular installation will be at the school entrance on I Id' Ave S. Committee member Dovey suggested staff evaluate the 8`s Ave S school entrance at Nautilus Elem. in the future. Committee forwarded Option #1 as presented. Moved: Ferrell Seconded: Dovey SWM CIP Update Passed: Unanimously, 3-0 Surface Water Manager Will Appleton presented information on this item. There was no public comment. Staff discussed that their new video inspection system will be up and running soon. SWM staff anticipates possible SWM CIP or Small CIP projects resulting from this new inspection program. Committee member Dovey initiated discussion on funds in the SWM utility and a possible rate increase in the future as well as land acquisition. Committee member Dovey talked in favor of holding on to SWM utility funds until there is more certainty of what SWM staff will be looking at for CIP/Small CIP projects. Mr. Appleton requested to defer responding to Committee member Dovey until after the proceeding agenda item. Mr. Appleton clarified that the money in the Small CIP budget is used for staff to design and construct these small CIP projects. The Small CIP budget is used for projects that come up as a result of the inspection process. Chair Kochmar inquired on the West Hylebos land acquisition and the amount of money needed to purchase this land. Will monies be transferred from the Small CIP fund? Mr. Appleton responded that the three projects requiring land acquisition are stand alone projects. No funds will be transferred from the Small CIP to property acquisition. If the subject properties are not purchased, those non -grant monies could go back into the SWM fund and be used to offset a utility rate increase. Chair Kochmar inquired why the City has been purchasing land rather than purchasing easements. Chair Kochmar is concerned about spending any money that isn't absolutely necessary. Committee member Dovey asked that when money becomes even tighter in the future, shouldn't the City be more frugal with how we are spending or transferring funds. The City has been fortunate in receiving grants; however matching funds are often required. Since we have been successful in GALUTC\LUTC Agendas and summaries 2011\7-1&11 Minutes doc Aug. 2, 2011 Consent N/A Information Only Land Use/Transportation Committee Page 3 July 18, 2011 securing grants for many of these projects, we need to make sure we have funds available for the grant fund match. No action taken. Item was for information only. F. Utilization of City of Federal Way Surplus Property for the Construction of the S 356th Aug. 2, 2011 Street RDF Retrofit Project Consent Surface Water Manager Will Appleton presented information on this item. There was no public comment. Mr. Appleton confirmed that the City owns the subject land in question. Committee member Dovey asked where the funds came from to purchase this property. Was the intent of the City's purchase of the Qualbeck property for the S 356' Intersection Improvement Project for the general fund to be paid back at some point in the future? Mr. Appleton stated that at the time of the S 356th St project, these were Streets funds and there was no anticipation of SWM's interest in the subject land/surplus property. Director Roe explained that at the time of the S 356th St project, staff new that there would be surplus property. After the project was completed, the Surface Water division secured a DOE grant for $1M and approached the Street Fund/General Fund about purchasing the surplus land to expand their detention facility using their $1M grant. SWM cannot spend their funds on anything that won't benefit the utility. The question that needs to be answered is given past practice and policy; should the SWM utility purchase this surplus land from the General Fund?' Committee member Dovey wanted clarification on if the project would continue regardless of whether or not SWM purchases the surplus land from the General Fund. Director Roe confirmed that to be true. The City owns the land; the question remains as to whether or not the SWM utility will pay for the land. The project is not contingent on the $800K to finish the project. Committee member Dovey suggested keeping the $800K in the SWM utility and holding it for another time in the future when there is a project that needs that funding. The money can always be transferred at a later date. Deputy Mayor Duclos applauded the SWM utility for being self supporting and doing a very good job at managing their funds. She asked if purchasing the land was a requirement for the project. Director Roe stated that the utility purchasing the land from the City is not a requirement; rather it has been past policy and practice for the utility to pay its own way. Council can continue to support past policy and practice or they can revise/change the policy. Deputy Mayor Duclos asked what the source of funding was for the S 35e St at SR 99 Intersection Improvement Project. Director Roe responded that the funding source for that project came from the General Fund and from the Transportation Improvement Board (TIB). The portion from the General Fund was in excess of the $HOOK that the SWM utility is offering to pay for this surplus land. Deputy Mayor Duclos spoke in favor of transferring $800K from the SWM utility to the General Fund. Committee member Ferrell asked if SWM purchased the subject land from the general fund, exactly where that money ($800K) would go. Director Roe stated that the $800K could go straight into the General Fund, the Street Fund or the Capital Fund. Although it is at the discretion of the Council, the money would typically go back into the fund it originated in; in is case, the CapiM Fund. Director Roe noted a Council matter. As the design of the project proceeds, SWM will not need to acquire the land until 2013. Committee member Dovey asked if the SWM project is contingent on the $800K transfer of funds. Director Roe stated that the transfer of funds has no bearing on the SWM project. The project will occur regardless of whether or not SWM purchases the surplus land from the General Fund. Committee member Dovey stated that if SWM transfers money from its utility fund to the General Fund, the money needs to go to transportation and can only be used for transportation. Deputy Mayor Duclos concurred. G:\LUTC\LUTC Agendas and Summaries 2011\7-1&I1 Minutes.doc Land Use/Transportation Committee Page 4 July 18, 2011 Committee member Ferrell is not quite sure why one branch of the City would buy from a different part of the same entity and feels that this would be difficult to explain to members of the public. At the same time, if money originated in the General Fund, it could also be returned to the General fund to be used as the Council sees fit. Committee member Ferrell is undecided on the issue at this time. Chair Kochmar asked where the $800K funds were actually coming from. Mr. Appleton explained the funds are coming from Surface Water unallocated funds from the SWM utility. Conversation continued between Chair Kochmar, Committee member Ferrell and Director Roe, staring that if SWM utility funds were transferred to the General Fund for the purchase of surplus land for the S 356`" St RDF Project, the funds could be put into Capital or could be put into the Operations funds. The Council could decide how the General Funds could be used. There aren't any restrictions of how the funds have to be used; it is up to Council decision. Committee member Dovey noted that if SWM purchases the surplus land, the utility will have to deal with potential SWM utility rate increases earlier (approx. 1 % to 2 years) than otherwise anticipated. Committee member Dovey supports waiting and leaving the money in the SWM utility. Policy needs to be reviewed by LUTC and/or FEDRAC. Committee moved to postpone the transfer of funds for surplus property from the SWM utility to the General Fund, to review the City policy regarding this purchase at both FEDRAC and LUTC meetings in October 2011, and to re -address this issue at LUTC in December 2011. Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0 G. Code Amendment to Allow Animal Kennels and Animal Care Facilities in the Sept. 6, 2011 Neighborhood Business Zone. Ordinance 1- Reading Principal Planner Margaret Clark presented information on this item. There was no public comment. Committee member Dovey voiced concern over potential noise from animal care facilities and asked how staff will enforce the noise issue and handle complaints. Ms. Clark stated that this code amendment will be enforced the same as any other code, through the code enforcement officers. Noise is noise and will subject to the same parameters as any other noise ordinance violation. Committee member Dovey suggests being proactive and making sure that staff has means in place to enforce animal care facility compliance with the City code. Ms. Clark explained the noise levels illustrated in our current code using the Maximum Noise Standards Chart. Deputy Mayor Duclos suggested that if Council approves this code amendment, that at the time of permitting the project, the facility is inspected and tested for noise control, making sure it complies with the current code standards for noise. Due process takes time. Time is allowed for response, appeal, and compliance. Planning Manager Conlen stated that it could take up to six months for the City to force a business to take action on a code violation. Ms. Clark noted that animal care facilities are currently allowed in the BC zone. To date, there have been no complaints. Some of these facilities in the BC zone border residential neighborhoods (ie. Twin Lakes Animal Hospital, Sacajawea Veterinary). Ms. Clark is confident that noise complaints will not be an issue. Committee forwarded Option #1 as presented. Moved: Ferrell Seconded: Dovey Passed: Unanimously, 3-0 G:\LUTC\LUTC Agendas and Summaries 2011\7-1&11 Minutes.doc Land Use/Transportation Committee Page 5 July 18, 2011 H. Code Amendments Related to Accessory Uses, Seating Capacity of Restaurants and Sept. 6, 2011 Convention Centers in the Office Park Zone Ordinance 0 Reading Principal Planner Margaret Clark presented information on this item. There was no public comment. Committee member Dovey requested additional time to consider two of the three items. Ms. Clark offered to present a study session on these two code amendments in the future. The Committee requested more time to review the code amendment material and to come back to LUTC in the future for further discussion. Committee forwarded Option, 2, amending the Mayor's recommendation to approve only FWRC, 19.235.020 "Entertainment — Commercial recreation, omitting the text, "with seating capacity for no more than 50 persons." Code Amendments for Accessory Uses and Convention Centers in the Office Park Zone were tabled to a future LUTC meeting. Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0 4. OTHER Director Roe led discussion on the potential of cancelling the second' LUTC meeting in August pending no time sensitive topics. The Committee spoke in favor of the suggestion. Cancelling the August 15, 2011 LUTC meeting will be finalized on August 1. 5. FUTURE MEETING The next LUTC meeting will be Monday, August 1, 2011 at 6:00 PM in City Hall Council Chambers. 6. ADJOURN The meeting adjourned at 7:22 PM. COMMITTEE APPROVAL: Linda Kochmar, Chair G:U.UTC\LUTC Agendas and summaries 2011\7-18-11 Minmesdoc Attest: &rjp i iw„& Darlene LeMaster, Administrative Assistant II > e ember J k ey, Member