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Council PKT 10-18-2011 RegularCITY OP � Federaf Way AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall October 18, 2011 7:00 p.m. www. cityoffederalway. com 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATION a. King County Ten-Year Plan to End Homelessness Update b. Juried Arts Show Winners — Arts Commission c. Proclamation: DECA Week ... page 3 d. Proclamation: Domestic Violence Awareness Month ...page 4 e. Mayor's Emerging lssues 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAK/NG. When recognized by the Mayor, come forward to the podium and state your name for the record. Please limit your comments to three minufes. The Mayor may interrupt commenfs that exceed three minutes, relate negatively to other individuals or are othenvise inappropriafe. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approvaL All items are enacted by one motion. Individual items may be removed by a Councilmember for separafe discussion and subsequent motion. a. Minutes: October 4, 2011 Special and Regular Meeting ...page s b. Grant Funding for Transportation Improvement Projects ...paqe �4 c. WSDOT Tra�c Busters — Project Acceptance ... page 18 d. 10 Ave. SW at SW Campus Drive Intersection Improvements -30% Design Status Repol't ...page 20 e. 2012 Asphalt Overlay Program Preliminary Project List ...page 22 f. Washington Traffic Safety Commission Grant Money for 2011 Uniforms ... page 26 g. Lakota Park Fence Bids ...page 28 The Council may add items and take action on items not listed on the agenda. 6. COUNCIL BUSINESS a. Proposed Purchase and Sale Agreement with Development Covenants (former AMC Theatre site) ...page 30 7. ORDINANCES First Reading: a. CB #586 Shoreline Master Proqram — Final Approval and Adoption ... page 146 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 existing T'rtle 15 FWRC; and adding a new Title 15 FWRC. b. CB #587 Amendments to the Federal Way Revised Code Relatina to _ Accessorv Uses and Convention Centers in the Office Park Zone. ...Page 2ss An ordinance of the Cify of Federal Way, Washington, relating to types of accessory uses and status of convenfion centers in the O�ce Park Zone; amending FWRC 19.235.010, 19.235.020 and 19.235.030. 8. COUNCIL REPORTS 9. MAYOR'S REPORT 10. EXECUTIVE SESSION Collective Bargaining pursuant to RCW 42.30.140(4)(b) Potential Litigation pursuantto RCW 42.30.110(1)(i) 11. ADJOURNMENT The Council may add items and take action on items not listed on the agenda. CITY Way PRO CLAMA TION "NATIONAL DECA WEEK" WHEREAS, the Decatur High School DECA chapter will be celebrating "National DECA Week" during the week of October 12 -19th, 2011; and WHEREAS, DECA is a National Association of Marketing Education students, providing teachers and members with educational and leadership development activities to merge with the education classroom instructional program; and WHEREAS, although DECA consists primarily of students in marketing programs, membership also extends to alumni, to professionals in marketing education, and to marketing teacher education, by working hand -in -hand with the education and business communities; and WHEREAS, DECA's goal is for its student members to develop a "career success kit" to carry into their business and personal lives after graduation, and to accomplish this DECA utilizes on-the-job experience, chapter projects and a program of competency -based competitive events in specific marketing occupational areas; NOW, THEREFORE, we, the undersigned Mayor and Councilmembers of the City of Federal Way, Washington, do hereby proclaim the week of October 12th — 19th as "NATIONAL DECA WEEK" in the City of Federal Way, and do hereby encourage businesses and citizens to encourage the development of student leadership, to promote an appreciation for our free enterprise system, and to develop an awareness for the importance of good citizenship. SIGNED this 18th day of October, 2011. Skip Priest, Mayor FEDERAL WAY CITY COUNCIL Jeanne Burbidge, Councilmember Linda Kochmar, Councilmember Jim Ferrell, Councilmember Dini Duclos, Deputy Mayor Jack Dovey, Councilmember Mike Park, Councilmember Roger Freeman, Councilmember CITY OF z. L, Federal Way PROCLAMATION "Domestic Violence Awareness Month — October" WHEREAS, domestic violence is a serious crime that affects people of all races, ages, gender, and income levels; and WHEREAS, according to the Washington Association of Sheriffs and Police Chiefs, police respond to about 50,000 domestic violence call every year in Washington and approximately 2,100 domestic violence calls every year in the City of Federal Way; and WHEREAS, even with the significant number of calls responded to by police, 70% of domestic violence that occurs goes unreported; and WHEREAS, although men and children can be victims of domestic violence it is committed predominately against women and is the leading cause of injury to women between the ages of 15 to 44 in the United States — more than car accidents, muggings and rapes combined; WHEREAS, children that grow up in violent homes are believed to be abused and neglected at a rate higher than the national average; and children that experience domestic violence are impacted in their education and are more likely to continue the cycle of domestic violence in dating relationships as youth and in adult relationships; and WHEREAS, each year, medical expenses from domestic violence total at least $3 to $5 billion dollars, and business forfeit another $100 million dollars in lost wages, sick leave, absenteeism and non - productivity; and WHEREAS, in response to the prevalence of domestic violence in this community, the Federal Way Domestic Violence Task Force members have been working towards promoting prevention, victim safety, community awareness and abuser accountability through organization, education and outreach; NOW, THEREFORE, we, the Mayor and the undersigned members of the City Council of Federal Way, Washington, do hereby proclaim the month of October 2011 as "DOMESTIC VIOLENCE AWARENESS MONTH ", and urge our citizens to recognize this critical problem facing our entire community, work to prevent domestic violence, work to increase services to domestic violence victims and their children, and continue efforts to eliminate this crime which affects all of us in this community, our state, and in our nation. SIGNED this 18th day of October, 2011 in the City of Federal Way, Washington. FEDERAL WAY CITY COUNCIL Skip Priest, Mayor Jeanne Burbidge, Councilmember Linda Kochmar, Councilmember Jim Ferrell, Councilmember Dini Duclos, Deputy Mayor Jack Dovey, Councilmember Mike Park, Councilmember Roger Freeman, Councilmember COUNCIL MEETING DATE: October 18, 2011 ITEM #: . . ...._........- - - ........_._ ........................................... . ................... ........................... ..... - ........................... ................... _ ......... .................................. .. ...................................................................._ ............... _ .................. _ .......................... . ............... _ ............... - ............................................................................... ............................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes of the October 4, 2011 Special and Regular Meetings? COMMITTEE: N/A MEETING DATE: NIA CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Carol McNeill City DEPT: Human Resources Attachments: Draft meeting minutes from the October 4, 2011 Special and Regular Meetings. Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION: Staff recommends approving the minutes as presented. CITY CLERK APPROVAL: N/A 0 1M DIRECTOR APPROVAL: N/A N/A Committee Council Committee Council COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED ". 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 MINUTES FEDERAL WAY CITY COUNCIL SPECIAL MEETING Council Chambers - City Hall October 4, 2011 5:30 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 5:31 p.m. Elected Officials present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember Jim Ferrell, Councilmember Linda Kochmar, Councilmember Mike Park, Councilmember Jeanne Burbidge and Councilmember Jack Dovey. Councilmember Roger Freeman arrived at 6:05 p.m Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. EXECUTIVE SESSION The Council adjourned to executive session at 5:31 p.m. to discuss collective bargaining pursuant to RCW 42.30.140(4)(b) and sale of property pursuant to RCW 42.30.110(1)(c) for approximately one hour. The Council adjourned from executive session at 6:45 p.m. 3. ADJOURNMENT Mayor Priest adjourned the meeting at 6:45 p.m. Attest: Carol McNeilly, CIVIC, City Clerk Approved by Council: City Council Minutes — October 4, 2011 Special Meeting Page 1 of 2 CITY OF ,�... Federal Way MINUTES FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall October 4, 2011 7:00 p.m. www.cityoffederalway.com 1. CALL MEETING TO ORDER Mayor Priest called the meeting to order at 7:00 p.m. Elected Officials present: Mayor Skip Priest, Deputy Mayor Dini Duclos, Councilmember Jim Ferrell, Councilmember Linda Kochmar, Councilmember Mike Park, Councilmember Jeanne Burbidge, Councilmember Jack Dovey and Councilmember Roger Freeman. Staff present: City Attorney Pat Richardson and City Clerk Carol McNeilly. 2. PLEDGE OF ALLEGIANCE Boy Scout Troop 336 led the Pledge of Allegiance. 3. PRESENTATIONS a. Volunteer Recognition: Shopping. Cart Recovery Program Mayor Priest stated this month's volunteer recognition is a group of volunteers who impact the quality of life or our community. We do not typically see stray shopping carts around Federal Way and that is a result of the Cart Recovery Team Frank Gabreluk, Dan Goede, Mari Ikeda - Gomes, Lottie Kinney and John McLaren. Police Commander Chris Norman provided some information about the Cart Recovery Program which has been in effect since September 2010. Since inception, the program volunteers have contributed 975 hours of service. Over the last 12 months the team has retrieved and returned 3,456 useable carts to local retailers. b. Certificates of Appointment: Youth Commission Councilmember Burbidge presented Certificates of Appointment to Youth Commissioners appointed to the Commission by the Council at their September 20, 2011 meeting. City Council Minutes — October 4, 2011 Regular Meeting Page 1 of 7 c. Mayor's Emerging Issues • Recycle Palooza / Environmental Fair Recycling Project Manager Jeannette Brizendine reported the City is collaborating with Waste Management to sponsor an Environmental Fair at the Federal Way Community Center on Saturday, October 22. 2011 from 9:00 am to 1:00 pm. The fair will have information on a variety of topics including recycling, composting, green gardening, energy conservation, water conservation and other topics. This event will also be the culmination of the Recycle Palooza contest where residents recycling efforts are compared head to head with other residents and will have their recycling carts judged. Waste Management has provided over twenty prizes, including a $1,000.00 grand prize, .$200.00 garbage credits and gift cards. • Sand Sculpture Championship Trophy Community and Economic Development Director Patrick Doherty showcased the World Tour of Champions Sand Sculpting Trophy. Rudi Alcott, one of the event organizers was not able to be in attendance tonight so he asked Mr. Doherty to display the trophy on his behalf. • Healthcare for Employees Mayor Priest reported on the ongoing efforts to control rising health care costs and the current budget deficit. Yesterday non - union /represented employees were informed that the City would be switching that group's health care coverage from AWC to Group Health, effective January 1, 2012. This change in providers will save the City an estimated $700,000.00 each year if applied across all 298 employees. The new coverage will provide cost savings to employees and equal of better coverage. Mayor Priest stated he is optimistic that union /represented employees will agree to change health insurance carriers. 4. CITIZEN COMMENT Donald Barovic complimented staff for addressing a sink hole on his property in a quick and effective manner. He shared his concerns about the coyote problem on his property and noted coyotes have killed some of his livestock. Carol Gregg thanked the Council for supporting the Aria Dance Company over the years and for the arts in general and highlighted some of the Aria Dance Company showcase events. Laura Moser of Waste Management spoke about the Mayor's Day of Concern food collection. This marked the fourth year Waste Management partnered with the City on the Mayor's Day of Concern. This year Waste Management staff donated 75 staff hours and collected over 6,000 pounds of food. Ms. Moser announced Waste Management would like to donate an additional $500.00 to the Mayor's Day of Concern. Mia Franklin, representative from Working Washington. She spoke about local hiring for the Crystal Palace project. She would like to see contractual language in the purchase and sale agreement that ensures local hiring. Amelia Vassar, representative from Working Washington. She spoke in support of local hiring with the Crystal Palace project. City Council Minutes — October 4, 2011 Regular Meeting Page 2 of f 7 Caleb Dawson member of Advancing Leadership Youth (ALY) thanked the Council for supporting the ALY program. Denise Yun congratulated the Mayoras well as Greg Allmain, Federal Way Minor reporter for the Mirror's recent articles. Ms. Yun stated she supports changing the City employee health care plan. Norma Blanchard submitted written comments for the Clerk to read regarding term limits and the timeframe allotted to collect signatures for initiatives and referendums. She also encouraged people to request public records through the City. Carroll Fisher submitted written comments for the Clerk to read regarding bringing awareness to human trafficking in the Puget Sound area and a forum held by the Soroptimist's on September 29, 2011. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval. All items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: September 20, 2011 Special and Regular Meeting b. Vouchers c. Monthly Financial Report — August d. IT Proposal for Large Format Printer /Scanner MOTION: Deputy Mayor Duclos moved approval of items 5a through 5d. Councilmember Kochmar second. VOTE: Deputy Mayor Duclos: Yes Councilmember Ferrell: Yes Councilmember Kochmar: Yes Councilmember Park: Yes Councilmember Burbidge: Yes Councilmember Dovey: Yes Councilmember Freeman: Yes Motion carried 7-0. 6. COUNCIL BUSINESS a. Review Federal Way Human. Services Needs and Themes Administrative Services Director Bryant Enge stated the City's CDBG consultants, John Epler and Linda Rinaldi conducted focus groups to identify the concerns and strengths of the human services community, and develop initiatives to address the needs brought forth by these groups. This effort is intended to facilitate the development of the City's Consolidated Plan and craft strategies that will guide the City's human services decisions over the next five years. Mr. Epler reviewed the following over- reaching goals: • Create opportunities for a diverse employee base to live and work in Federal Way by increasing the connectivity of affordable housing and transportation linkages with employment centers. • Expand programs and activities which enhance the opportunity for low and moderate income persons to become more self - sufficient and to increase income to "livable income" levels. • Consider the potential for stimulating jobs and economic development in the City Council Minutes — October 4, 2011 Regular Meeting Page 3 of 7 programming of all housing, public services, neighborhood improvements and public facilities activities. • Seek to provide safety net services for those populations with significant barriers until they are able to reach the goal of self - sufficiency. MOTION: Councilmember Burbidge move to approve the staff recommended needs and themes for developing long -term Human Services strategies. Councilmember Dovey second. VOTE: Deputy Mayor Duclos: Yes Councilmember Ferrell: Yes Councilmember Kochmar: Yes Councilmember Park: Yes Councilmember Burbidge: Yes Councilmember Dovey: Yes Councilmember Freeman: Yes Motion carried 7 -0. b. 2012 CDBG Community Economic Revitalization Funding Recommendations Administrative Services Director Bryant Enge stated the City is anticipating receiving $723,000 of CDBG funding for its Community Economic Revitalization Funding (CERF) project. The primary focus of this funding is job creation, economic development and community revitalization. However, the City also considered applications for activities such as business attraction and retention; education, training and technical assistance programs that create new jobs; and community revitalization. The City advertised for applications from non -profit and public agencies for projects that benefit low and moderate income residents. Mr. Enge reviewed the six proposals that were received and stated none of the projects are recommended at this time for CERF funding, however, staff is recommending that CERF funding be allocated for the following categories: • Economic Development $300,000. • Microenterprise Technical Assistance $100,000. • Housing Repair $150,000. • Un- committed $173,000. These categories are based on the community's highest needs, and activities will be developed within these categories as part of the Consolidated Plan Process. This approach was confirmed by the City's CDBG Consultant and is sufficient to complete to submission of HUD required documents by November 15, 2011. Councilmember Dovey inquired about the scoring criteria and if staff would re- advertise for applications. Mr. Enge stated that staff would be re- evaluating the proposals that were already received. Councilmember Dovey asked if the housing repair allocations could be used to maintain foreclosed homes. The City's CDBG consultants, John Epler stated the funds could not be used for that type of maintenance. MOTION: Councilmember Burbidge moved to approve staff recommendation of allocating 2012 Community Economic Revitalization Funding. Councilmember Ferrell second. VOTE: City Council Minutes — October 4, 2011 Regular Meeting Page 4 of 7 Deputy Mayor Duclos: Yes Councilmember Ferrell: Yes Councilmember Kochmar: Yes Councilmember Park: Yes Councilmember Burbidge: Yes Councilmember Dovey: Yes Councilmember Freeman: Yes Motion carried 7 -0. c. Regional Affordable Housing Program (RAHP) Interlocal Cooperation Agreement Administrative Services Director Bryant Enge provided information on this item, which was ,presented, to the Finance, Economic Development and Regional Affairs Committee on September 27, 2011. The Committee reviewed this item and forwarded it to - the City Council without a recommendation. Mr. Enge provided background information on the Regional Affordable Housing Program (RAHP), which provides funding for critical housing and sheltering needs through the State. The program is funded through a $10.00 transaction fee that is added to all home purchases and loan refinancing. Funds are shared between the State (40 %) and Cities (60 %) and are administrated by the Joint Recommendations Committee (JRC). Any agency in Federal Way can receive funds when the City Participates in RAHP. Staff recommendation is to enter into the Regional Affordable Housing Program Interlocal Cooperation Agreement, as it will provide the City and community based agencies that serve Federal Way with potential fund sources for affordable housing for low income residents. MOTION: Councilmember Park moved approval of the interlocal agreement between the City of Federal Way and King County effective January 1, 2012 through December 31, 2014, and authorizing the Mayor to sign said agreement. Deputy Mayor Duclos second. VOTE: Deputy Mayor Duclos: Yes Councilmember Ferrell: Yes Councilmember Kochmar: Yes Councilmember Park: Yes Councilmember Burbidge: Yes Councilmember Dovey: Yes Councilmember Freeman: Yes Motion carried 7 -0. 7. ORDINANCES Second Reading: a. CB #584 Creating FWRC 6.40.025 of the Federal Way Revised Code Regarding Identity The An ordinance of the City of Federal Way, Washington, relating to identity theft, creating a new section 6.40.025 of the Federal Way Revised Code. At their September 20, 2011 meeting, the Council moved to forward this ordinance to second reading and enactment. City Clerk McNeilly read the ordinance title into the record. City Council Minutes — October 4, 2011 Regular Meeting Page 5 of 7 MOTION: Councilmember Burbidge moved approval of the ordinance. Councilmember Dovey second. VOTE: Deputy Mayor Duclos: Yes Councilmember Ferrell: Yes Councilmember Kochmar: Yes Councilmember Park: Yes Councilmember Burbidge: Yes Councilmember Dovey: Yes Councilmember Freeman: Yes Motion carried 7-0. Ordinance 11 -703 b. CB #585 Amend Sections of the Federal Way Revised Code to comply with Senate Bill 5168 An ordinance of the City of Federal Way, Washington, relating to the maximum penalty for a gross misdemeanor,• revising sections FWRC 6.15.020 and 6.05.070. At their September 20, 2011 meeting, the Council moved to forward this ordinance to second reading and enactment. City Clerk McNeilly read the ordinance title into the record. MOTION: Councilmember Burbidge moved approval of the ordinance. Deputy Mayor Duclos second. VOTE: Deputy Mayor Duclos: Yes Councilmember Ferrell: Yes Councilmember Kochmar: Yes Councilmember Park: Yes Councilmember Burbidge: Yes Councilmember Dovey: Yes Councilmember Freeman : - Yes Motion carried 7-0. Ordinance 11 -704 8. COUNCIL REPORTS Councilmember Ferrell reported the Federal Way Chamber of Commerce would be hosting a luncheon tomorrow. King County Councilmember Pete von Reichbauer is hosting an upcoming Good Eggs Breakfast on October 10, 2011. He encouraged citizens to attend the upcoming Environmental Fair at the Federal Way Community Center. Councilmember Kochmar acknowledged the Advancing Leadership Youth students that were in the audience. She thanked Carroll Fisher for his public comments on human trafficking and the Soroptomists for their forum on the same topic. She reported on an upcoming Prosperity Partnership Regional Economic Strategy Opportunities workshop and stated October 17, 2011 is next LUTC meeting. Deputy Mayor Duclos thanked the Council for their help at the Advancing Leadership dinner. She reported that the group met its fundraising goal of $10,000.00 to support the program. Councilmember Park reported October 25, 2011 was the next FEDRAC Meeting. Councilmember Burbidge stated that October 11, 2011 is the next PRHSPSC Meeting. She City Council Minutes — October 4, 2011 Regular Meeting Page 6 of 7 reported on upcoming fundraisers for the Reach -Out organization on October 13, 2011 and the Community Care - Giving Network on October 27, 2011. She will be attending a meeting of the Puget Sound Regional Council Transportation Board. Lastly, she reported on upcoming arts and cultural events. Councilmember Dovey reported on that he recently spent time at the Federal Way Community Gardens harvesting honey. He also attended the current production of Late Nite Catechism at the Knutzen Family Theatre. The radio committee that he serves on is looking forways to fund a new radio system for the Tri- County Area. Councilmember Freeman thanked Tim Bums for suggesting the City develop a Veteran's memorial. He also thanked the local churches for helping with many community needs. He reported that audience members are having difficulty seeing staff presentations on the screens in the Council Chambers. 9. MAYOR'S REPORT Mayor Priest had no report. 10. EXECUTIVE SESSION The Council did not adjourn to executive session. 11. ADJOURNMENT Mayor Priest adjourned the meeting at 8:48 p.m. Attest: Carol McNeilly, CMC, City Clerk Approved by Council: City Council Minutes — October 4, 2011 Regular Meeting Page 7 of 7 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 Engineer 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. MAYOR APPROVAL: � /W DIRECTOR APPROVAL: Committee Coun i Committee Council COMMITTEE RECOMMENDATION Forward Option Ito the October 18, 2011 City Council Consent Agenda for approval. 1-1 r Linda Kochmar. Chair PROPOSED COUNCIL MOTION: "I ov to Authorize staff to submit grant Safety Program (2009 -2015) for the i entifted project locations. " Member under the City (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED i 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 Manag,%ment 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 Total Project Cost Local Required Match Possible Grant Funds Subprogram 1: Intersections Project Locations: S320th Street at Pacific Highway No project proposed Subprogram 2: Corridors Project Locations: S 356th St between 8th Ave SW and Pacific Hwy S Add flashing yellow arrow traffic signal modification at the intersection of 0 Ave S and S 356` Street and also at the intersection of 8th Avenue SW and SW 356` 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 320 Street on Pacific Highway South, install programmed visibility signal heads and overhead advance lane use control signs on westbound S 324`' St S 320th Street between Pacific Highway South and I -5 Add flashing yellow arrow traffic signal modification at the intersection of 20` Ave S and 25` Ave S on S 320`' St ; add overhead advance lane use control signs on 23' Ave S approaching S 320 St in each direction, and on S 320 St eastbound approaching I -5 $ 4,300,000 $ 250,000 $300,000 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 $0 $0 $ 4,300,000 $ 250,000 $0 $300,000 $0 $350,000 TOTAL $5,200,000 $ 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 ls336 $37,203 OK Split phase required Done 2 995304 $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 sight distance Done 9 21sw320 $12,326 OK Limited sight distance Cityvvide 10 1 s320 $12,036 OK Limited sight distance CityyAde 11 Mils304 $11,938 OK Split phase required Done 12 99s356 $11,441 Too many opposing lanes - TOD only Limited sight distance 1319s348 $11,314 OK OK Done 14 21sw356 $11,132 No left -turn lane Limited sight distance N/A 15 23s316 $10,85fl OK No opposing thru CityvAde 16 99s288 $10,819 Limited sight distance Split phase required 17 9s336 $10,514 Done Done Done 48 9' 30 $10,p39 Too man n Janes - TOD onl OK C 10 853 $14 075 N4 loft Turn lane OK Ci 21 16s344 $9,463 OK OK Done 22 Mils" $9,491- No opposing thru No left-turn lane Citywide 23 35sw340 $8,907 OK OK Ci tywide 24 1s325 $8,848 No left -tum 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 27199s308 $7,836 Too many opposing lanes No left -turn lane Funded 28 19swCam $7,470 OK OK Funded 29 11s320 $7,428 Split phase required OK CityvAde 30123s320 $7,122 Limited sight distance I Too many opposing lanes N/A 31 Ho sw340 $6,782 OK OK Done 32 10swCam $6,725 No left -turn lane Limited sight distance ICIP 34 1s348 $6,638 Limited sight distance Limited sight distance INA 36 99s340 $6,450 OK No opposing thru Ci 37 161s352 $6,169 Too many opposing lanes - TOD only Split phase required CityvAde 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 4011s330 5,49310K OK Citovide MM 312e $5,418 No opposing thru OK Ci 42 8s312w $5,418 No opposing thru OK Citywide 43 1s333 $5,317 OK No left -turn lane Funded 44 We 18W $4,772 OK No opposing thru WSDOT 45 We s18E $4,772 OK No opposing thru WSDOT 46 20s312 1 $4,503 No left -tum lane OK Ci 47120s316 42210K OK CityyAde 48 99s276 $4,380 Too many opposing lanes - TOD only OK C' e 49 21sw344 $4,345 OK No left -turn lane Ci 51 99s316 $4,265 Too many opposing lanes OK Funded 52 21sw509 $4,082 OK Split phase required Citywide 53 6swCam 1 $4,060 No left -turn lane OK Citywide 54 509sw312 $4,05410K No left -tum lane Funded 5511s324 $3,963 OK No opposing thru Ci ide 56 18s288 $3,865 No left -tum lane OK Ici 57123s317 $3 593 OK No left -tum lane ICitvvAde 59 20s314 $3,174 OK No left -turn lane Citvwide 60 26sw320 $2,959 OK OK Citywide 61 16s509 $2,884 Limited sight distance OK Citywide 62 1s344 $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 65123s322 $2,444 OK OK Citywide 66 11 s509 $2,180 No opposing thru No left -turn lane N/A 67 5Ss320 $2,027 No opposing thru Too many opposing lanes - TOD only Done 68 We s320 $2,008 No opposing thru Too many op in lanes - TOD only lCitywide 69 16s356 $1,458 No left -turn lane No left -turn lane N/A 70 161s356 $1,446 Too complex too complex N/A 71 MOW $981 OK OK Citywide 72123s314 $916 OK No left-turn lane Ci tyyAde 73 5Ns320 $674 No opposing thru No left -tum lane N/A 74 21sw325 $530 OK No left -tum lane Citywide 75 32s320 $277 Split phase r uired Too many opposing lanes - TOD only Ci e '7$ Camsw346 $0 OK No opposing thru Cj",ride 77 8sw509 $0 No left -tum lane overlapping left -turns N/A 78 5SBs18 $0 No opposing thru No opposing thru N/A 79123S312 $0 No opposing thru Limited sight distance N/A 80199s344 I OK No left -turn lane COUNCIL MEETING DATE: October 18, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL S UBJECT: 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 MEETING DATE: October 3, 2011 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF R BY: Rick Perez ' P.E. City raffic En ineer DEPT: Public Works - - - -- -- ....._..__...... -- - - -- - . -.. -- ' -- -- ._._..._..._....._._._._.... - - .._.. ... 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: /u— DIRECTOR APPROVAL: y�� mittee Coun I Committee Council PROPOSED COUNCIL MOTION "I 44e to authorize final acceptance the W' WT Traffic Busters - Fiber Optic Cable Connection Project., constructed by Cannon Construction, Inc. in the amount of $ 44, 979.47. " COMMITTEE RECOMMENDATION Forward Option 1 to the October 18, 2011 City Council Consent Agenda for approval. 11 , (BELOW TO BE COMPLETED BYCITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED I reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # COMMITTEE RECOMMENDATION Forward Option 1 to the October 18, 2011 City Council Consent Agenda for approval. 11 , 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 IF SUBJECT: WSDOT Traffic Busters — Fiber Optic Cable Connection — Project Accep 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 S UBJECT: 10 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 I& 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: J ohn Mulkey, P_ E., Street Systems Project_Engineer�`'"�` 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 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. 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: DIRECTOR APPROVAL: omnuttee Council Committee Council COMMITTEE RECOMMENDATION Forward Option 1 to the October 18, 2011 City Council Consent Agenda for approval. L ttlda Kochmar, Chair Jim F rrell. Member J ck Doves, Member PROPOSED COUNCIL MOTION " lWo to authorize staff to proceed with the deVgn 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 1 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 Cary M. Roe, P.E., Director of Parks, Public Wofts and Emergency Management OWL, FROM: John Mulkey, Street Systems Project Engineer � " SUBJECT: 10 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 10 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, 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 duu available project Mitigation and interest funding; no construction funding was budgeted at this time. S UBJECT: 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: — Zi DIRECTOR APPROVAL: r -n6ittee V Council Committee Council COMMITTEE RECOMMENDATION Forward the 2012 Asphalt Overlay Project Preliminary Project List and Authorization to Bid to the October 18, 2(�1 -1 6puncil Cent Agenda for approval. L inda Kochmar. Chair Arn ell. Member PROPOSED COUNCIL MOTION `/A rove the list of streets for the 2012 Asphalt Overlay Project as presented and approve the transfer of $300,V'00 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 BYCITYCLERRS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED I 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 ��y�-- FROM: Cary M. Roe, P.E., Director of Parks, Pub is Works and Emergency Management V ' Jeff Huynh, Street Systems Engineer 11 W- 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 C Improvements Fund $132,470 TOTAL FUNDING AVAILABLE $2 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 326' St $284,155 B 21 Ave SW — SW 326 St to SW 334th St $257,340 C SW 336th Street — 26' 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 292" d St $194,770 H S 288th Street — Military Road S to I -5 Overpass $254,950 1 S 316th Street — Pacific Highway S to 23' 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 rT �� IF -- A 1 r s' G H 2th A h V E D - a B (� r e � N 21st Ave SW - A 21st Ave SW - B N SW 336th St - C N Alderbrook - D N Wood Vale Woodridge Park - E N Adelaide Park - F *;" Military Road - G N S 288th St - H A/ S 316th St - I MW made by 4 2012 Asphalt Overlay Preliminary List Federal Way CityMap Map Primed- W112011 tVcte: rn881118p tt irNBndBd hor uae - a W*hicw rapreaent ow only. The Qty of FadVaral way maces ►a warranty w to its accwwy. COUNCIL MEET DATE: October 18, 2011 ITEM #: '5'T CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC) GRANT MONEY FOR 2011 UNIFORMS POLICY QUESTION Should the City Of Federal Way accept $4,200.00 dollars in WTSC grant funding for the purchase of inclement weather, motorcycle riding gear to be used by police motorcycle operators? COMMITTEE: PRHS &PS MEETING DATE Oct. 11, 2011 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Lt. Jim Nelson DEPT Police Attachments: 1. PRHSPS Committee Memo Options Considered: 1. Approve Grant 2. Reject Grant MAYOR'S RECOMMENDATION: �j MAYOR APPROVAL: �� -� DIRECTOR APPROVAL: T om a Counci Committee Council Committee Member /P ROPOSED COUNCIL MOTION "I move that Council accept these designated WTSC grant funds for the purchase of inclement weather motorcycle riding gear, and authorize the Mayor to approve this grant." COMMITTEE RECOMMENDATION: I move to forward this request to accept WTSC grant funds for the purchase of inclement weather motorcycle riding gear, to the full Council, consent agenda on October 18, 2011, for approval. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 08/12/2010 RESOLUTION # COMMITTEE RECOMMENDATION: I move to forward this request to accept WTSC grant funds for the purchase of inclement weather motorcycle riding gear, to the full Council, consent agenda on October 18, 2011, for approval. CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: October 11, 2011 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Skip Priest, Mayor FROM: Brian J. Wilson, Chief of Police SUBJECT: Acceptance of WTSC Grant Money for inclement weather, motorcycle riding gear. Backe-round At our request, the Washington Traffic Safety Commission (WTSC) sent the City Of Federal Way $4,200.00, via an Electronic Funds Transfer, to fund the purchase of inclement weather, motorcycle riding gear, (WaterShed brand). This alternative riding gear will enable Traffic Officers to maintain a sustained presence within our school zones to enforce speeding violations. This funding will six individualized wet - weather uniform riding gear, consisting of bibs and jackets for each of the six motorcycle officers in the Traffic Unit. Proposal We are requesting that the City Of Federal Way accept this grant money from the WTSC, to fund the purchase of this described inclement weather motorcycle riding gear. Funding Source Washington Traffic Safety Commission grant funds - $4,200.00. COUNCIL MEETING DATE: October 18, 2011 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FENCING BIDS — LAKOTA PARK POLICY QUESTION Should the City accept Lakota fencing bids and authorize the Mayor to enter into a contract with the successful bidder? COMMITTEE Parks, Recreation, Human Services & Public Safety MEETING DATE: Oct. 11, 2011 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd .- Parks & Facilities Manager DEPT: PRCS __._ ..... _ ............. P .......................................................__._..._.............._ ... _ .................................. .........._...__..._.... 8... ................................ .. ...------------ ._.............. — ...._._.._..._........__.__ Attachments: Lakota Fencing Bids memo. Options Considered: 1. Authorize a bid award for Lakota fencing in the amount of $44,446.00 to All Around Fence Company and authorize the Mayor to execute said agreement. 2. Do not authorize a bid award for Lakota fencing to All Around Fence Company and provide direction to staff. MAYOR'S RECOMMENDATION Option 1: Authorize a bid award for Lakota fencing in the amount of $44,446.00 to All Around Fence Company and authoriz the Mayor to execute said ag MAYOR APPROVAL: flm� DIRECTOR APPROVAL: ��l ommittee Council Committee Council COMMITTEE RECOMMENDATION I move to forward the authorization of a bid award for Lakota fencing in the amount of $44,44600 to All Around Fence Company and authorize the Mayor to execute said agreement to the full Council October 18, 2011 consent agenda for approval. Committee Chair Corr Committee Member JPROPOSED COUNCIL MOTION "I move approval o} `authorizing a bid award for Lakota fencing in the amount of $44,446.00 to All Around Fence Company and authorize the Mayor to execute said agreement" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # CITY OF ':.... Federal Way Parks and Facilities Division Date: Sept 29, 2011 To: PRHSPS Council Committee From: Stephen Ikerd, Parks & Facilities Manager Via: Mayor Skip Priest Cary M. Roe, P.E., Director of Parks, Public Works & Emergency Mgmt. Subject: Lakota Fencing Bids Background: Staff recently solicited fencing improvement bids for Lakota Park, which included replacing and upgrading two backstops and wing fences on the north end of the Park. The existing backstops and fences are very old and will be removed soon due to their unsafe condition. This fencing upgrade is part of an overall plan to increase the ability to program this under utilized portion of the Park. We currently have approved mitigation funds programmed to implement additional improvements including; restroom upgrades, turf renovation, irrigation upgrade, vehicle access control, and add new amenities like bleachers and garbage can holders. Two companies out of six from the Municipal Research and Service Center (MRSC) roster responded to a Request for Quotes (RFQ). Following are the bid results: All Around Fence Company - $40405.50 Olympic Fence Company - $41,856.38 Owl Fencing — no bid Quality Fencing — no bid Secoma Fence — no bid White River Fencing — no bid Contract award recommendations: All Around Fence Company - $40405.50 4040.50 —10% contingency $44,446.00 — total contract amount Budget: This fencing upgrade project will be paid out of collected mitigation funds that must be used in the planning area which includes Lakota Park. There is currently $81,465.00 remaining in this fund. The balance of the funds, after the fence project, will be used to implement the other improvements mentioned above. SUBJECT: PURCHASE AND SALE AGREEMENT WITH DEVELOPMENT COVENANTS — FORMER AMC THEATRE SITE POLICY QUESTION: Should the City Council approve the proposed Purchase and Sale Agreement with Development Covenants for the former AMC Theatre site? COMMITTEE: N/A MEETING DATE: CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing 0 City Council Business ❑ Resolution ❑ Ot STAFF REPORT BY: Patricia Richardson, City Attorney DEPT: Law Patrick Doherty, Community & Economic Community& Economic Dev Development Director ___ Attachments: Staff report; proposed Purchase and Sale Agreement with Development Covenants Options Considered: 1. Approve the Purchase and Sale Agreement with Development Covenants and authorize the Mayor to execute the necessary documents for the purchase and sale agreement and return to Council with the addendum stating the sale price for Council approval prior to closing. 2. Modify the Purchase and Sale Agreement with Development Covenants for the Mayor or designee to present to the Buyer. 3. Reject the Purchase and Sale Agreement and provide further direction. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: NN A I DIRECTOR APPROVAL: N VN AMM.- Committee Council Committee Council COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Option I for the Mayor to execute the Purchase and Sale Agreement with the Development Covenants and return to Council with an addendum stating the sale price prior to closing for Council approval. " (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 # Mu �5 44k CITY OF STAFF REPORT DATE: OCTOBER 11, 2011 TO: MAYOR PRIEST COUNCIL MEMBERS OK FROM: PATRICIA RICHARDSON, CITY ATTORNEY PATRICK DOHERTY, COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR SUBJECT: PROPOSED PURCHASE AND SALE AGREEMENT WITH DEVELOPMENT COVENANTS - FORMER AMC THEATRE SITE This staff report consists of two main parts in the proposed Purchase and Sale Agreement with Development Covenants ( "Agreement "): (1) specific terms of the proposed Agreement and (2) Design Guidelines. AGREEMENT TERMS The format and much of the language for the proposed agreement is similar to the agreement with United Properties. However, ARCADD's response to the RFQ differs significantly because the proposal is not seeking City involvement in the project per se. Salient points of the Agreement are: Purchase Price Based Upon Appraisal Section 2.2 specifies that the basis of the purchase price will be from certified appraisals. The City has obtained an appraisal. The Buyer's appraisal is not yet complete. When both appraisals are complete the parties will exchange information in an attempt to mutually agree upon a purchase price. If the parties cannot agree upon the purchase price, an independent appraiser will be hired and select one of the appraisals for the purchase price. Staff will return to Council in a public meeting with the proposed purchase price in the form of an addendum for Council action. Deposit Earnest Money. Section 2.4 specifies that $150,000 in the form of a certified cashier's check is to be deposited into escrow when the both parties execute the Agreement. Documentation of Financing for Project, Section 3.2.5 specifies that within 30 days of executing the Agreement, the Buyer will provide verification of financing for the entire project. The information must be acceptable to the City. Express Easements for Public Access. Sections 4.4.1 and 4.4.2 specify easements for public access, public restrooms and Safe Cities program. Development Covenants. The development covenants stated in the Agreement run with the land. This means that the development of the property will be in accordance with the terms and Exhibits in the Agreement in the event ARCADD sells the property before it is developed. The Development Covenants include: (1) the scope and description of the Project; (2) Safe Cities system; (3) enumerated Design Guidelines; (4) identifiable public parking; and (5) traffic mitigation plan during construction. Public Art Section 4.5.10 states that the Buyer will include in the budget funds for public art that do not exceed $300,000. Environmental Assessment. Section 5.1 provides that the parties agree to split the cost of a Phase II environmental assessment. A Phase II environmental assessment involves taking samples of the soil and analyzing it to determine if hazardous substances are in the soil. Closing Date. Section 10.1 states that closing will occur on or before January 6, 2012, but may be extended by mutual agreement. DESIGN GUIDELINES The Design Guidelines are very similar to those approved for the former "Symphony" project (and as further modified in draft form for Twin Development's proposed project). Highlights of the proposed guidelines include: • Respond to view opportunities from the site and adjacent sites, especially the potentially PACC site; • Provide ample pedestrian access and connectivity to and through the site, including to /from the Transit Center and PACC; • Reduce the impacts of parking, access, truck loading, dumpsters, etc.; • Provide variability in the height and character of any high -rise portions to create interest and variety in the skyline; • Employ human-scale features at the lower levels and provide interactive, transparent fagades facing public spaces where at all possible. Include weather protection, public seating and other public amenities in the pedestrian realm; • Balance variety in architectural form and expression with continuity; consider an iconic top or cap to the highest portion of the project to create a unique, landmark- quality skyline feature; • Use a variety of high - quality exterior materials for a durable, long- lasting project that ages well and is timeless; • Plan and design the project with safety in mind, considering sight lines, appropriate lighting, landscaping, etc.; • Create interesting, interactive, high- quality public open spaces with a variety of amenities, such as both landscape and hardscape, water features, artwork or sculpture, etc. • Design for sustainability. Without requiring LEED certification, the guidelines encourage LEED -level of performance. K:\xnemo\2011 \10 -18 staff report Sale AMC site 3 REAL PROPERTY PURCHASE AND SALE AGREEMENT (WITH DEVELOPMENT COVENANTS) THIS REAL ESTATE PURCHASE AND SALE AGREEMENT (this "Agreement ") is made and entered into as of the date of mutual execution hereof (the "Effective Date "), by and between CITY OF FEDERAL WAY, a municipal corporation and political subdivision of the State of Washington (the "City /Seller ") and CRYSTAL WAY, LLC, a Washington limited liability company (the `Buyer/Developer "). City /Seller and Buyer/Developer shall be referred to herein collectively as the "Parties" and individually as a "Party". The Parties are entering into this Agreement based upon the following: RECITALS A. City /Seller owns that certain real property located in the City of Federal Way, County of King, State of Washington legally described in EXHIBIT A (the "Property"). B. City /Seller issued a Request for Qualifications ( "RFQ ") on April 25, 2011, seeking qualified Buyer/Developers who would be willing to satisfy the City /Seller's conditions and expectations for development of the Property. C. Buyer/Developer responded to the RFQ with a written concept submission dated June 6, 2011 and Supplemental Information dated July 13, 2011 (together referred to as the "Submission ") for a mixed use development project to be constructed on the Property. D. City /Seller has accepted the concept of the Submission and wishes to sell the Property to Buyer/Developer pursuant to the terms of this Agreement; and E. Buyer/Developer desires to purchase the Property under the terms and conditions set forth in this Agreement. AGREEMENT Now, THEREFORE, in consideration of the promises, agreements and mutual covenants contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto covenant and agree as follows: PURCHASE AND TRANSFER OF PROPERTY 1.1 PROPERTY TO BE SOLD, CONVEYED, ASSIGNED AND TRANSFERRED. Subject to and upon the terms and conditions set forth in this Agreement, City /Seller shall sell, convey, assign, transfer and deliver to Buyer/Developer on the Closing Date (as hereinafter defined in SECTION 10.1 of this Agreement) and Buyer/Developer shall buy, assume and accept from Real Property Purchase and Sale Agreement Approved by Council 1418 -11 City/Seller on the Closing Date the following assets and the Property in their present "as is" condition: I.1.1. The Property legally described in attached EXHIBIT A attached hereto and incorporated herein by reference; and 1.1.2. AlI of City/Seller's tenements, hereditaments, easements and rights appurtenant to the Property including but not limited to, all of the City/Seller's right, title, and interest in and to easements for public utilities and all other purposes, all sewers and service drainage easements, all rights of connection to the sewers and water system, and all rights of ingress and egress, and all leases, licenses, government approvals and permits affecting the Property. Hereinafter, the items listed in Section 1.1 are collectively referred to as the "Property." 1.1.3. Buyer/Developer agrees to develop and construct a mixed-use development on the Property that consists generally of the construction of a mixed use residential/commercial and retail development, family oriented recreation, commercial/industrial exposition space, an associated parking garage providing some public parking and a public open space, commonly referred to by BuyerlDeveloper in its response to the Request for Qualification as the "City Center Mixed-Use Development" (hereinafter referred to as the "Project") and more particularly identified and described in the "Development Documents" identified and described in EXHIBIT B attached to and incorporated by reference in this Agreement. The Parties agree that the Project, when completed will capture the spirit and intent set forth in the Request for Qualifications ("RFQ"). Buyer/Developer agrees to construct the Project in accordance with the Development Documents. The Development Documents contained in EXHIBIT B(which sha11 be contained in a binder of series of binders separate from this Agreement but incorporated herein by reference) shall be comprised of the Request for Qualifications, Buyer/Developer's Response and Supplemental Information (i.e., the Proposal), Development Covenants described in Section 4.5 below, Design Guidelines, and all other documents related to design, development, construction, and financing of the Project, including without limitation, a listing of the necessary zoning and land use applications for permits, consents and approvals to construct the Project.The Development Documents are intended by the Parties to describe and delineate with specificity the Project. Site Utilities of electricity provided by Puget Sound Electric, and water and sewer provided by Lakehaven Utility District exist at the site boundaries of the Property. Real Property Purd►ase and Sale Agreement Approved by Council 10�18-11 � ARTICLE 1. PURCHASE PRICE 1.1. PURCHASE PRICE AND PAYMENT. In consideration of the sale, transfer, conveyance, assignment and delivery of the Property, Buyer/Developer shall pay to City/Seller a total purchase price of Million Dollars and No/100 Dollars in currency of the United States of America (US$ 000,000.00) (the "Purchase Price"), payable in cash at closing. 2.2. DETERMINATION OF PURCHASE PRICE BY ARBITRATION. The Purchase Price shall be mutually agreed based upon certified MAI appraisals obtained by City/Seller and BuyerlDeveloper. If the Parties are unable to reach agreement on the Purchase Price, either of them may request arbitration to set the Purchase Price. The Purchase Price will then be determined by a jointly selected certified independent MAI appraiser whose principal office is located in King County, Washington. If the Parties are, unable to agree on the independent appraiser within 20 days after the request for arbitration is made, the appraiser hall be selected by the Presiding Judge of King County Superior Court, Kent Regional Justice Center, from lists of acceptable appraisers submitted by the Parties. The selected appraiser, hereinafter referred to as the "Arbitrator," shall select the appraisal (City/Seller's or Buyer/Developer's) that is more accurate based solely upon a review of the appraisals and their supporting documents and declare the appraised value contained in the selected appraisal as the Purchase Price. The Arbitrator sha11 certify his/her decision in writing to City/Seller and BuyerlDeveloper. The Arbitrator shall not conduct his/her own appraisal or create a blended or combined appraisal from the two competing appraisals. The Arbitrator shall have no other choice but to select either the City/Seller's appraisal or the Buyer/Developer's appraisal. The Arbitrator's determination shall be final and binding on the Parties. T'he fees, costs, and expenses of the Arbitrator, including any attorneys' fees related thereto, shall be divided and paid equally by City/Seller and Buyer/Developer. 2.3. ALLOCATION OF PURCHASE PRICE. City/Seller and Buyer/Developer agree that the entire Purchase Price shall be allocated to the Property. 2.4. EARNEST MONEY. Buyer/Developer has delivered to City/Seller a certified cashier's check in the sum of One Hundred Fifty Thousand and no/100 Dollars ($150,000.00) as the earnest money deposit (the "Earnest Money") upon execution of this Agreement. Subject only to the terms of this Agreement relating to the return of the Earnest Money (or any portion thereo fl to Buyer/Developer, the Earnest Money shall be held pursuant to the terms of this Agreement and upon Closing, the Earnest Money shall be credited against the cash portion of the Purchase Price. ARTICLE 3. REPRESENTATIONS AND WARRANTIES OF THE PARTIES Real Property Purc}tase and Sale Agreement Approved by Council 1418-11 3 3.1. CITY/SELLER'S WARRANTTES AND REPRESENTATIONS. City/Seller represents and warrants as follows: 3.1.1. Authority of City/Seller. The City/Seller is a municipal corporation and subdivision of the State of Washington duly organized, validly existing and in good standing under the laws of the State of Washington. City/Seller has all requisite corporate power and authority to carry on its business as it is now being conducted in the places where such businesses are now conducted. 3.1.2. Execution, Delivery and Performance of Agreement, Authority. The execution, delivery and performance of this Agreement by City/Seller: (i) is within the powers of City/Seller as a municipal corporation, (ii) has been or will be on or before the Closing Date, duly authorized by all necessary action of the City of Federal Way City Council (the "City Council"), and (iii) does not and will not violate any provision of any law, rule, regulation, order, writ, judgment, decree, agreement or award to which the City/Seller is a' party to or which is presently in effect and applicable to City/Seller. This Agreement constitutes the legal, valid and binding obligation of City/Seller enforceable against City/Seller in accordance with the terms thereof. 3.1.3. Assessments. There is no pending, or to City/Seller's knowledge, any contemplated local improvement district or other special assessment or charge with respect to the Property, except as may be disclosed in the Title Commitment described in Subsection 4.1.1 of this Agreement. 3.1.4. Full Disclosure by City/Seller. No representation or warranty by City/Seller in this Agreement, or in any instrument, certificate or statement furnished to Buyer/Developer pursuant hereto, or in connection with the transactions contemplated hereby, contains or will contain any untrue statement of a material fact or fail to state a material fact which is necessary to make the statements set forth therein not false or misleading. 3.1.5. No Broker. No broker, finder, agent or similar intermediary has acted for or on behalf of City/Seller in connection with this Agreement or the transactions contemplated hereby, and no broker, finder, agent or similar intermediary is entitled to any broker's, finder's or similar fee or commission in connection with this Agreement based on an agreement, arrangement or understanding with City/Seller or any action taken by City/Seller. 3.1.6. Contracts. The Property is currently subject to a contract with FARMERS MARKET, a Washington nonprofit corporation, through October 29, 2011, for use and occupancy by the MARKET on Saturdays from 6:00 a.m. to 7:00 p.m. to conduct a farmers market for the public. The contract provides additional use of the Property during the contract term, which additional use requires the consent of the City, in the City's sole discretion. Contract will be terminated before or at Closing. Real Property Purchase and Sale Agreement Approved by Council 1418-11 4 3.1.7. Future Agreements. From and after the Effective Date, unless this Agreement is terminated in accordance with its terms, City/Seller shall not enter into any agreement, contract, commitment, lease or other transaction that affects the Property in any way without the prior written consent of Buyer/Developer. 3.1.8. Claims. City/Seller has not received and City/Seller has no knowledge of any pending or threatened claims or lawsuits affecting or concerning the Property or that could adversely affect City/Seller's ability to complete the sale contemplated by this Agreement. 3.1.9. Violations of Law. City/Seller has received no written notice of, and it has no knowledge of, any violation of any applicable zoning regulation, ordinance or law (including environmental laws} affecting or relating to the use, condition, or occupancy of the Property. 3.1.10. Foreign Person. City/Seller is not a foreign person and is a"United States Person" as such term is defined in Section 7701 (a) (30) of the Internal Revenue Code of 1986, as amended (the "Code") and shall deliver to Buyer/Developer prior to the Closing Date, an affidavit, as set forth in EXHIBIT C("Certificate of Non-Foreign Status") evidencing such fact, and such other docurnents as may be required under the Code. 3.1.11. City/Seller's Knowledge. Any and all representations or warranties based on City/Seller's knowledge are made to, and limited by, the present, actual knowledge of the following employees of the City of Federal Way: Skip Priest, Mayor and Patrick Doherty, Community and Economic Development Director ("City/Seller's Speaking Agents"), and no others. None of City/Seller's Speaking Agents have made any inquiries or investigations with respect to City/Seller's representations and warranties prior to the making thereof and have no duty to undertake the same. 3.1.12. Condition of Property. City/Seller makes no representations or warranties regarding the Property or its condition other than those specified in this Agreement. Buyer/Developer shall be permitted to conduct tests and inspections selected in its sole discretion to be performed, and at its sole expense unless otherwise provided in this Agreement, to determine whether the Property is suitable for the Project. At Closing, Buyer/Developer shall take and receive the Property in its "as is" condition on the Closing Date, and Buyer/Developer shall rely only upon its own pre-closing inspections, investigations, evaluations and feasibility studies. 3.2. BUYER/DEVELOPER'S REPRESENTATIONS AND WARRANTIES. Buyer/Developer represents and warrants for benefit of City/Seller as follows: 3.2.1. Organization. Buyer/Developer is a Washington limited liability company, organized under the laws of the State of Washington and is validly existing and qualified to do business in the Sta.te of Washington. Subject to the assignment provisions Reai Property Purchase and Sale Agreement Approved by Council 1418-11 5 contained in Section 13.13, Buyer/Developer will remain legally and financially liable to perform all obligations set forth in this Agreement until the Project is completed. BuyerlDeveloper has all requisite power and authority to purchase and own the Property, develop and construct the Project and perform all of its obligations under this Agreement. 3.2.2. Execution, Delivery and Performance of Agreement, Authority. The execution, delivery and performance of this Agreement by Buyer/Developer (i) is within the powers of Buyer/Developer as a Washington limited liability company, (ii) has been or will be on or before the Closing Date, duly authorized by all necessary action of the Buyer/Developer's legislative authority, and (iii) does not and will not violate any provision of any law, rule, regulation, order, writ, judgment, decree or award to which the Buyer/Developer is a party to or which is presently in effect and applicable to Buyer/Developer. This Agreement constitutes the legal, valid and binding obligation of Buyer/Developer enforceable against Buyer/Developer in accordance with the terms hereof. 3.2.3. Full Disclosure By Buyer/Developer. No representation or warranty by Buyer/Developer in this Agreement or in any instrument, document, certificate or statement furnished to City/Seller pursuant hereto, or in connection with the transactions contemplated hereby, contains or will contain any untrue statement of a material fact or fail to state a material fact which is necessary to make the statements set forth therein not false or misleading. 3.2.4. No Broker. No broker, finder, agent or similar intermediary has acted for or on behalf of Buyer/Developer in connection with this Agreement or the transactions contemplated hereby, and no broker, finder, agent, or similar intermediary is entitled to any broker's, finder's or similar fee or commission in connection with this Agreement based on an agreement, arrangement, or understanding with the Buyer/Developer or any action taken by the Buyer/Developer. 3.2.5. Buyer/Developer's Financing. The execution, delivery and performance of this Agreement by Buyer/Developer is not contingent or conditioned upon Buyer/Developer's ability to obtain financing for the Project. Buyer/Developer has obtained a binding commitment for Project financing, adequate in amount to complete construction of the Project and subject to terms and that are consistent with the terms of this Agreement and acceptable to Buyer/Developer. Within thirty (30) days after Buyer/Developer's execution and delivery of this Agreement, Buyer/Developer shall deliver to City/Seller a verifiable commitment for financing, in form and substance satisfactory to City/Seller, and in the amount of at least the total development and construction cost of the Project as described and set forth in the Development Documents. Real Property Purd►ase and Sale Agreement Approved by Council 1a18-I I 6 ARTICLE 4. TITLE, EXCEPTIONS, CONDITIONS, CONVENANTS AND RESERVATIONS 4.1. TITLE. City/Seller' shall deliver to Buyer/Developer good and marketable title, free and clear of all liens, defects and encumbrances except for, and subject to, the Reserved Easements (as described in Section 4.4 of this Agreement), the Development Covenants (as described in Section 4.5 of this Agreement), and the Permitted Exceptions (as described in Subsection 4.1.3 of this Agreement) and any lien or other encumbrance created by the terms of this Agreement. 4.1.1. Title Commitment. City/Seller shall secure a Preliminary Commitment for ALTA Owner's Title Insurance (herein ' the "Title Commitment") for the benefit of Buyer/Developer in the amount of the Purchase Price, underwritten by the following title insurance company (herein the "Title Company"): Pacific Northwest Title 215 Columbia St. Seattle, Washington 98104-1511 Attention: Stephani Owens Tele: (206) 343-1341 Fax: (206) 343-1306 E-Mail: stephaniowens@pnwt.com The Title Commitment sha11 describe the Property, listing Buyer/Developer as the prospective named insured and shall show as the policy amount the total Purchase Price for the Property, and shall show the status of the title of the Property and shall commit the Title Company to issue an ALTA Owner's Title Insurance Policy to Buyer/Developer in the amount of the Purchase Price as required by the terms of this Agreement. The Title Company shall deliver a copy of such Title Commitment with legible copies of all documents listed therein to City/Sellers. City/Seller sha11 execute such owner's affidavits as the'Title Company may require to remove the standard printed exceptions for lien rights, parties in possession and other matters typically removed by such owner's affidavits in a standard ALTA Owner's Title Insurance Policy. Buyer/Developer may request and secure an ALTA Extended Policy of Title Insurance and pay the additional and associated costs for such extended coverage (including the cost for a survey). 4.1.2. Survey. Buyer/Developer shall have the option, at its sole expense, to obtain and furnish to the Title Company a survey (the "Survey") of the Property prepared by a professional Iand surveyor who is licensed in the State of Washington and acceptable to City/Seller and the Title Company. Real Property Purchase and Sale Agreement Approved by Council 1418-11 7 4.1.3. Review of Title Commitment and Survey. Buyer/Developer shall have until the later of: (a) thirty (30) days after the Effective Date, or (b) fourteen (14) days after receipt of (i) the last dated Title Commitment or any supplement thereto, with legible copies of all documents listed therein, and (ii) the Survey, if the same has been obtained by Buyer/Developer (the "Review Period") in which to notify City/Seller in writing of any objections Buyer/Developer has to any matters shown or referred to in the Title Commitment or Survey, provided that Buyer/Developer may not object ta matters that will not materially adversely affect Buyer/Developer's ability to construct the Project (the "Title Objections"). Any exceptions or other items that are set forth in the Title Commitment or the Survey and to which Buyer/Developer does not object within the Review Period shall be deemed to be permitted exceptions ("Permitted Exceptions"). With regard to the Title Objections to which Buyer/Developer does object within the Review Period, City/Seller shall deliver written notice to Buyer/Developer within ten (10) days after City/Seller receives Buyer/Developer's notice of the Title Objections of any exceptions to the title reflected in the Title Commitment or items on the Survey which City/Seller is not willing or able to remove or otherwise resolve, and Buyer/Developer may, at Buyer/Developer's option, either waive the Title Objections not cured or Buyer/Developer may terminate this Agreement by written notice to City/Seller, in which event the Earnest Money shall be refunded to Buyer/Developer and neither party shall have further duties hereunder. Notwithstanding the foregoing, all monetary liens or encumbrances shall be paid by City/Seller at Closing. 4.2. BUYER/DEVELOPER'S TITLE INSURANCE POLICY. Unless Buyer/Developer elects to procure extended coverage, Buyer/Developer shall receive at Closing an ALTA Owner's Title Insurance Policy to be issued by the Title Company in the full amount of the Purchase Price, effective as of the Closing Date, in such form as may be specified by Buyer/Developer, with such endorsements as may be specified by Buyer/Developer, insuring Buyer/Developer that the fee simple title to the Property is vested in Buyer/Developer, subject only to the usual printecT exceptions contained in such title insurance policy, to the Permitted Exceptions and such easements and covenants provided for in Sections 4.4 and 4.5 of this Agreement and attached to the Deed, and to any other matters approved in writing by Buyer/Developer. 4.3. CONVEYANCE. City/Seller shall convey to Buyer/Developer the title to the Property by Statutory Warranty Deed ("Deed"), subject to the Reserved Easements, Development Covenants, Permitted Exceptions and such easements and covenants provided for in Sections 4.4 and 4.5 or elsewhere in this Agreement or otherwise approved in writing by Buyer/Developer. 4.4. RESERVED EASEMENTS. City/Seller shall reserve the following easements in the Deed: 4.4.1. Easement for Public Ingress and Egress to Open Public Space. City/Seller shall reserve an easement for public ingress and egress to the Open Public Space. The terms of the "Public Ingress and Egress Easement" shall be negotiated between the Parties as Real Property Purdiase and Sale Agreement Approved by Council 1418-11 8 specified in Section 8.1 and Section 9.3. The Public Ingress and Egress Easement shall be for the exclusive purposes of providing access to the Open Public Space during Open Public Space operating hours only. The Public Ingress and Egress Easement shall include the right of the public to utilize the public restrooms in the Project as mutually agreed upon by the Parties. 4.4.2. Easement for Maintenance of Safe Cities Systems and Equipment. City/Seller may, in its discretion, and upon consultation with Buyer/Developer, reserve an easement in, upon, under and adjacent to the Project for maintenance, repair and replacement of "Safe Cities" systems and equipment. The terms of this Systems and Equipment Maintenance Easement sha11 be negotiated between the Parties as specified in Section 8.1 and Section 93. The Safe Cities Systems and Equipment Maintenance Easement shall be included in the Development Documents after the Project is designed and the Parties have negotiated the location and terms. 4.5 DEVELOPMENT COVENANTS. The Statutory Warranty Deed shall include restrictive covenants consistent with the Development Documents, including those set forth herein in Section 4.5, which covenants shall conform to the Federal Way Revised Code and shall run with the land for the sole benefit of City/Seller and City/Seller's significant interests in land, both fee and easement adjacent to and in the vicinity of the Property (collectively the "Development Covenants"). City/Seller and Buyer/Developer agree that CiTy/Seller and its successors in interest shall have standing to enforce the Development Covenants. The Development Covenants shall be enforced with the remedies set forth in Section 11.2 of this Agreement. Buyer/Developer and City/Seller further agree that the Development Covenants may also be enforced by the Parties hereto as a matter of contract through this Agreement, and that the Development Covenants shall be binding obligations on Buyer/Developer and Buyer/Developer's successors and assigns. Buyer/Developer and City/Seller further agree and declare that the Dev.elopment Covenants shall bind the Buyer/Developer and its successors and assigns and all subsequent owners of any portion of the Property or the Project, and sha11 benefit and inure to City/Seller and its successors and assigns, subject to expiration, termination, and modification thereof as specifically provided below. Each and every contract, deed or other instrument hereafter executed conveying any portion or interest in the Property or the Project, inclucling any interest under the Washington Condominium Act, Ch. 6432 RCW, shall contain an express provision making such conveyance subject to the Development Covenants which are then still in effect, provided however, that any such contract, deed or other instrument shall conclusively be held to have been executed, delivered and accepted subject to the Development Covenants, regardless of whether or not such covenants and conditions are set forth or incorporated by reference in such contract, deed or other instrument. When City/Seller issues a temporary Certificate of Occupancy for each residential or commercial condominium unit, City/Seller shall execute and acknowledge in recordable form a document prepared by Buyer/Developer and approved by City/Seller, whereby the title to each Real Property Purd�ase and Sale Agreement Approved by Council 1418-I 1 9 such individual residential or commercial condominium unit is partially released from the recorded documents that describe and mandate compliance with the Development Covenants and the Development Standards. Upon Buyer/Developer's satisfaction of the Development Covenants and Development Standards for the Project (or any portion thereof for which an occupancy permit may be issued in accordance with the FWRC), City/Seller shall execute and acknowledge in recordable form a document prepared by Buyer/Developer and approved by City/Seller, whereby the title to the Project is released from the recorded documents that describe and mandate compliance with the Development Covenants and the Development Standards; provided that, no release, partial or otherwise, shall release the title to the Project or any individual residential or commercial condominium unit from those Development Covenants that run with the land in perpetuity, such as, but not limited to, maintenance and operations obligations. 4.5.1. Development Scope and Description Covenant. Buyer/Developer shall covenant that the Project will be designed, constructed, operated and maintained in accordance with City/Seller's RFQ and Buyer/Developer's Proposal, and as more particularly described in the Development Documents contained in EXHIBIT B. The scope and/or elements of the Project may be modified, revised or amended from those set forth in the Proposal during, and in the normal course of, the regulatory permitting and/or development process, subject to review and approval by the Mayor of Federal Way, or his or her designee, and in all cases in accordance with the Federal Way Revised Code (the "FWRC") and this Agreement. Provided that Buyer/Developer's requested modifications, revisions andlor amendments are in conformance with the FWRC and this Agreement, City/Seller agrees such review and approval shall not be unreasonably delayed, conditioned or withheld. Buyer/Developer agrees that the Project will strive to be designed and constructed in accordance with the highest current Leadership for Energy and Environmental Design (LEED) standards. 4.5.2 Safe Cities. The Project shall satisfy the program requirements for "Safe Cities" as described in EXHIBIT B which are in effect when the first building permit for the Project is approved for issuance. Upon the completion of each Phase for which the "Safe Cities" requirements are installed, Buyer/Developer sha11 convey by donation to City/Seller all systems, equipment and appurtenances installed in the Project to satisfy the "Safe Cities" program requirements. The conveyance by donation shall take place as a condition for City/Seller's issuance of the final Certificate of Occupancy for each such Phase. Thereafter, City/Seller shall be exclusively responsible for the repair, maintenance, servicing, monitoring and replacement of any component of the "Safe Cities" program requirements; however, to the extent that a community program is adopted by the property owners benefited by the "Safe Cities" program, Buyer/Developer shall pay a pro rata share of the costs for the repair, maintenance, servicing, and replacement of the components of the "Safe Cities" program. 4.5.3. [Reserved] Real Property Purd�ase and Sale Agreement Approved by Council 1418-11 10 4.5.4. Design Guidelines. Buyer/Developer shall covenant to construct the Project in accordance with the Design Guidelines set forth in EXHIBIT B, subject to such amendments as City/Seller may reasonably approve. . 4.5.5. Public Parking. In the Project's permit application plans, Buyer/Developer shall identify parking spaces to be available in the associated parking garage(s) for use by the general public to access Project-provided public spaces and shall covenant that said parking spaces (at usual parking rates established by the garage operator) shall be avaiiable for use by the public. The number and location of public parking spaces shall be negotiated by City/Seller and Buyer/Developer. City/Seller shall approve all signage requested by BuyerlDeveloper to identify the public parking within the parking garage. This covenant shall run with the land in perpetuity. 4.5.6. Development Standards. Buyer/Developer shall covenant to construct the Project in accordance with the "Development Standards" set forth in Development Documents. The Development Standards shall be established by the City/Seller in accordance with the FWRC and after consultation with Buyer/Developer. Modifications to the Development Standards must be agreed upon by both Parties and contained in the Development Documents. The Development Standards may be changed, amended or modified only as set forth in the Development Documents. All changes, amendments or modifications to the Development Standards must comply with the FWRC. City/Seller agrees to exercise its permissible and reasonable regulatory discretion in reviewing all proposed changes, amendments and modifications consistent with City/Seller's land use policies and practices. 4.5.7. [Reserved] 4.5.8. Expedited Permit Process. City/Seller agrees to use its reasonable best efforts to work expeditiously within the framework of the FWRC to review Buyer/Developer's land use and construction permit applications and agrees not to unreasonably withhold or delay the issuance of necessary permits consistent with the City's legally permissible exercise of discretion in such matters. The City/Seller also agrees to facilitate the review and permitting processes that will be necessary from other municipal entities, such as Lakehaven Utility District and South King Fire and Rescue. 4.5.9. Construction Traffic Mitigation Plan. Buyer/Developer shall prepare a traffic circulation plan to mitigate traffic circulation and ingress and egress to businesses and residences and the transit center through and around the Property and the area surrounding the Project during construction. Buyer/Developer covenants that its development and construction of the Project must not unreasonably affect or impede local traffic in any manner that is reasonably avoidable. To the extent reasonably possible Buyer/Developer shall undertake reasonable efforts to mitigate the impacts of traffic and circulation with the goal of minimizing the impact of the construction of the Project upon adjacent businesses, residents, tenants.' Real Property Purd�ase and Sale Agreement Approved by Council 1418-11 11 City/Seller accepts that the nature and scope of the Project will, by necessity have same impact upon traffic, traffic circulation and uses of the surrounding area. Traffic mitigation shall be the sole responsibility of Buyer/Developer, at its sole expense and without recourse to City/Seller. 4.5.10. Public Art. Buyer/Developer covenants to include in the Project budget an amount of money equal to two percent (2%) of the total Project construction cost, but in an amount not to exceed Three Hundred Thousand Dollars ($300,000.00), to be set aside and transferred into City/Seller's "Art in Public Places Fund," as described and provided for in Federal Way Revised Code ("FWRC") 4.15. 4.6. DEVELOPMENT REQUIREMENTS. In the development of the Properly and construction of the Project, Buyer/Developer, its successors, designees, and assigns, shall adhere to and comply with, both as a matter of contract under this Agreement and as a matter of conveyance, the Reserved Easements and Development Covenants of the Statutory Warranty Deed ("Development Requirements"), and with all the terms and conditions contained in this ARTICLE 4 of this Agreement. 4. DELAYS Any of the deadlines set forth in this Agreement or any EXHIBIT attached hereto may be extended for a reasonable period of time equivalent to the time period of all delays directly or indirectly resulting from any reasonably unforeseen matter or circumstance beyond the reasonable control of Buyer/Developer necessitating a delay in the orderly construction of the Project, including without limitation, reasonably unforeseen latent conditions on or affecting the Property, war, acts of terrorism, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, extreme weather conditions, major casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes; or transportation delays ("Delays"). ARTICLE 5. INSPECTION 5.1. INSpEC'r�oNS. City/Seller shall provide Buyer/Developer with a right of entry for full and unrestricted access to the Property to perform any and all tests, inspections, studies, surveys or appraisals of the Property deemed necessary or advisable, on any subject, to determine to its satisfaction whether the Property is feasible, suitable and acceptable for the Project. City/Seller will deliver to Buyer/Developer copies of all materials related to the Property in its possession that are not subject to attorney-client privilege or prohibited from disclosure by law within ten (10) days after the Effective Date; provided that, City/Seller sha11 be under no obligation to perform any act or create any Property materials for Buyer/Developer that do not already exist. If Buyer/Developer elects to obtain environmental tests, studies and reports on the Property, City/Seller and BuyerlDeveloper will each pay one-half of the cost of such environmental tests, studies and reports; provided that, City/Seller's commitment to pay one-half Real Properiy Purdiase and Sale Agreement Approved by Council 1418-11 12 of the cost shall be limited to payment for the cost of a Phase I and Phase II Environmental Report. Any additional environmental inspections, tests and studies shall be at Buyer/Developer's sole expense. Except as required for Phase I and Phase II Environmenta.l testing, Buyer/Developer sha11, at its sole expense repair any damage to the Property caused by tests and inspections and shall restore the Property to the condition it was in prior to such tests and inspections. The Property is offered for sale by City/Seller in "as is" condition without any representations or warranted beyond those expressly made in this Agreement. ARTICLE 6. COVENANTS OF CITY/SELLER PENDING CLOSING 6.1. CortnvcT, NoTicE oF CxaNCE. City/Seller covenants that between the Effective Date and the Closing Date, City/Seller shall take all such actions as may be necessary to assure that City/Seller's representations and warranties set forth in this Agreement will be true and complete as of the Closing Date (except such representations, warranties and matters which relate solely to an earlier date), and all covenants of City/Seller set forth in this Agreement which are required to be performed by it at or prior to the Closing Date shall have been performed at or prior to the Closing Date as provided for in this Agreement. City/Seller sha11 give Buyer/Developer prompt written notice of any material change in any of the information contained in the representations and warranties made in Article 3 or elsewhere in this Agreement which occurs prior to the Closing Date, and, so long as Buyer/Developer is not in default under this Agreement, City/Seller shall not take any action or perform any act with regard to the Property that is inconsistent with the terms of this Agreement andlor Buyer/Developer's intended development of the Project. ARTICLE 7. COVENANTS OF BUYER/DEVELOPER PENDING CLOSING 7.1. CONDUCT, NOTICE OF CHANGE. Buyer/Developer covenants that between the Effective Date and the Closing Date, Buyer/Developer shall take a11 such actions as may be necessary to assure that the representations and warranties set forth in Article 3 hereof will be true and complete as of the Closing Date (except such representations, warranties and matters which relate solely to an earlier date), and that all covenants of Buyer/Developer set forth in this Agreement which are required to be performed by it at or prior to the Closing Date shall have been performed at or prior to the Closing Date as provided for in this Agreement. Buyer/Developer shall give City/Seller prompt written notice of any material change in any of the information contained in the representations and warranties made in Article 3 or elsewhere in this Agreement which occurs prior to the Closing Date. Real Property Purchase and Sale Agreement Approved by Council 1418-I 1 13 ARTICLE 8. CONDITIONS PRECEDENT TO BUYER/DEVELOPER'S OBLIGATIONS All obligations of Buyer/Developer hereunder are subject to the fulfillment of each of the following conditions at or prior to the Closing Date. These covenants are for the benefit of Buyer/Developer, who may waive any or all of them: H.1. DEED, RESERVED EASEMENTS AND DEVELOPMENT COVENANT CONTINGENCY. City/Seller and Buyer/Developer agree that no later than ninety (90) days after the Effective Date, or a longer period as may be agreed to in writing by the Parties, they shall have agreed to the form of Statutory Warranty Deed, the EXHIBITS, the Reserved Easements and the Development Covenants (as generally specified in Section 4.4 and 4.5 hereo fl and all other related agreements, schedules and exhibits referenced in this Agreement. 8.2. DELIVERY OF DOCUMENTS. City/Seller shall have delivered to escrow at or pnor to Closing all documents required by the terms of this Agreement to be delivered by City/Seller. 8.3. REPRESENTATIONS, WARRANTIES AND COVENANTS. All representations, warranties and covenants of City/Seller contained herein or in any document delivered pursuant hereto shall be true and correct in all material respects when made and as of the Closing Date. 8.4. OBLIGATIONS. All obligations required by the terms of this Agreement to be performed by City/Seller at or before the Closing Date shall have been properly performed in all material respects. 8.5. TITLE. Any and all matters shown or referred to in the Title Commitment to which Buyer/Developer has objected within the time specified in Subsection 4.13 hereof shail have been cured by City/Seller as required by this Agreement, unless such objections have been waived by BuyerlDeveloper. The Title Company shall be irrevocably committed to issue the extended coverage owner's title insurance policy as provided herein as of the Closing Date. 8.6. APPROVAL OF COUNSEL. Buyer/Developer's counsel shall have approved this document and the transaction provided for herein. 8.7. CONDEMNATION. No portion of the Property sha11 have been taken or damaged by any public or quasi-public body, nor shall any such action be pending, and City/Seller shall not have transferred any portion of the Property to any such body in lieu of condemnation. 8.8. BUYER/DEVELOPER'S CONTINGENCIES. Buyer/Developer shall have satisfied or waived Buyer/Developer's Contingencies as provided herein. Real Property Purdiase and Sale Agreement Approved by Council 1418-11 14 ARTICLE 9. CONDITIONS PRECEDENT TO CITY/SELLER'S OBLIGATIONS All obligations of City/Seller to close on the Closing Date are subject to the fulfillment of each of the following conditions at or prior to the Closing Date. These covenants are for the benefit of City/Seller, who may waive any or a11 of them: 9.1. REPRESENTATIONS, WARRANTIES AND COVENANTS. All representations, warranties and covenants of Buyer/Developer contained herein or in any document delivered pursuant hereto shall be true and correct in all material respects when made and as of the Closing Date. 9.2. OBLIGATIONS All obligations required by the terms of this Agreement to be performed by Buyer/Developer at or before the Closing Date shall have been properly performed in a11 material respects. 9.3. DEED, RESERVED EASEMENTS AND DEVELOPMENT COVENANT CONTINGENCY. City/Seller and Buyer/Developer agree that no later than ninety (90) days after the Effective Date, or a longer period as may be agreed to in writing by the Parties, they shall have agreed to the form of Statutory Warranty Deed (subject to, among other items, the Development Covenants), the EXHIBITS, the Development Covenants and the Reserved Easements (as generally specified in Section 4.4 and 4.5 hereo� and all other related agreements, schedules and exhibits referenced in this Agreement. 9.4. DELIVERY OF DOCUMENTS BuyerlDeveloper shall have delivered to escrow at or prior to Closing Date a11 funds and documents required by the terms of this Agreement to be delivered by Buyer/Developer. 9. TITLE The Title Company shall be irrevocably committed to issue the extended owner's policy of title insurance for the full amount of the Purchase Price, effective as of the Closing Date, containing no exceptions other tnan the Permitted Exceptions. 9.6 APPROVAL oF CovNSEL. City/Seller's counsel shall have approved this document and the transaction provided for herein. ARTICLE 10. CLOSING 10.1 CLOSING/CLOSING DATE The Closing shall take place on or before January 6, 2012 (the "Closing Date"). Buyer/Developer shall give City/Seller and Escrow Agent five (5) Real Property Purchase and Sale Agreement Approved by Council 1418-11 15 business days' prior written notice of the Closing Date. The Closing Date may be extended only by mutual agreement in writing signed by City/Seller and Buyer/Developer. 10.2. EscROw. Within three (3) days of the Effective Date of this Agreement, Buyer/De�eloper shall establish an escrow with, and deposit a signed copy of this Agreement with the following entity which shall act as the "Escrow Agent" for the Closing of the transaction described in this Agreement: Stephani Owens Pacific Northwest Title 215 Columbia St. Seattle, Washington 98104-1511 Tele: (206) 343-1341 Fax: (206) 343-1306 E-Mail: stephaniowens@pnwt.com The Escrow Agent shall serve as Closing Agent for the transaction contemplated herein and the Closing shall occur in the offices of Escrow Agent in Seattle, Washington. The title, right of possession and interest to the Property shall pass to Buyer/Developer when the Purchase Price is paid and upon the recordation of the Statutory Warranty Deed, Reserved Easements and Development Agreements and all other recorded documents and thereafter the risk of loss shall be the responsibility of Buyer/Developer. The Escrow Agent shall disburse the Purchase Price to City/Seller when the required recording is complete. The function of the Escrow Agent shall be purely ministerial in nature. The Escrow Agent sha11 not be responsible for the genuineness or validity of any document or item deposited with it or any notice or instruction given to it, other than to faithfully follow the instructions issued to the Escrow Agent and the escrow agreement (if any). 10.3 PRORATIONS All prorations, unless otherwise specifically provided for herein, shall be made as of the Closing Date. 10.3.1. Closing Costs. City/Seller shall pay the premium and sales tax thereon, for a standard coverage owner's policy of title insurance. Buyer/Developer shall pay the additional premium for extended coverage. City/Seller and Buyer/Developer shall each pay one-half of the escrow fees. Buyer/Developer shall pay the recording fees for the deed and its own attorneys' fees. Except as otherwise provided in this Section, all other expenses hereunder shall be paid by the party incurring such expenses. 10.3.2. Taxes. City/Seller is exempt by law from the payment of real property ad valorem taxes, LIDs and assessments ("Taxes") on the Property. Real Property Purchase and Sale Agreement Approved by Council 1418-I 1 16 10.4. CITY/SELLER'S DELIVERY OF DOCUMENTS AT CLOSING. At the Closing, City/Seller will deliver to Buyer/Developer the following properly executed documents: 10.4.1. City/Seller's Certificate of Non-Foreign Status to be atta.ched hereto as EXHIBIT C; 10.4.2. A Statutory Warranty Deed conveying the Properiy subject to the Easements, Development Covenants, Permitted Exceptions and encumbrances set forth in this Agreement and accompanying excise tax affidavit; 10.4.3. A conveyance of public easements (if any) vacated for the Project under the terms of this Agreement. 10.5. BUYER/DEVELOPER'S DELIVERY OF DOCUMENTS AND PURCHASE PRICE AT CLOSING At the Closing, Buyer/Developer will deliver to City/Seller the following: 10.5.1. Cash or immediately available funds in the amount of the Purchase Price plus Buyer/Developer's share of pro-rated items and closing costs. 10.5.2. Fully executed, recordable Development Covenants; 10.5.3. [Reserved Easements]. 10.5.4. [Reserved.] ARTICLE 11. TERMINATION AND DEFAULT 11 .2. CITY/SELLER'S �2EMEDIES. 11.2.1.In the event that the transaction fails to close on account of Buyer/Developer's default, the Earnest Money deposit made by Buyer/Developer shall be forfeited to City/Seller as City/Seller's sole and exclusive remedy. Upon Buyer/Developer's unconditional tender of the Earnest Money Deposit to City/Seller, Buyer/Developer shall have not further liability to City/Seller under this Agreement. 11.2.2. [INTENTIONALLY OMITTED] 11.2.3. [INTENTIONALLY OMITTED] 11.2.4. [INTENTIONALLY OMITTED] 11.2.5. [INTENTIONALLY OMITTED] Real Property Purd�ase and Sale Agreement Approved by Council 1418-11 17 11.3. BUYER/DEVELOPER'S REMEDIES. 11.3.1. In the event that the transaction fails to close on account of City/Seller's default, the Earnest Money Deposit made by Buyer/Developer shall be returned to Buyer/Developer as Buyer/Developer's sole and exclusive remedy. Upon City/Seller's unconditional tender of the Earnest Money Deposit Buyer/Developer, City/Seller shall have not further liability to Buyer/Developer under this Agreement. 11.3.2. [INTENTIONALLY OMITTED) 11.4 ATTORNEYS FEES. In any action initiated by Buyer/Developer or City/Seller for any reason arising out of, or related to, this Agreement, the prevailing party in such action shall be entitled to an award of its costs, expenses and reasonable attorneys' fees at trial (including a case dispositive motion), on appeal and in connection with any petition for review, in an amount to be determined by the court in its reasonable discretion. ARTICLE 12 CONDITION OF THE PROPERTY; INDEMNITY 12.1. DISCLAIMER. EXCEpt for the express representations and warranties in Section 3.1 and in the Statutory Warranty Deed, City/Seller does not make and specifically disclaims any warranties, express or implied, including any warranty of inerchantability or fitness for a particular purpose, with respect to the Property and no employee or agent of City/Seller is authorized otherwise. Without limitation, except as expressly provided in this Agreement, including Article 3 and the Statutory Warranty Deed, City/Seller does not make any warranties or representations with respect to the condition of the Properiy, the area of land being purchased, the existence or non-existence of any Hazardous Substances or underground storage tanks, or the actual or threatened release, deposit, seepage, migration or escape of Hazardous Substances, from or into the Property, and the compliance or noncompliance of the Property with applicable federal, state, county and local laws and regulations, including, without limitation, environmental laws and regulations and seismic/building codes, laws and regulations. City/Seller has not intentionally withheld any material information concerning Hazardous Substances with respect to the Property. For purposes of this Agreement, the term Hazardous Substances shall mean: "hazardous substance" as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended ("CERCLA"); "hazardous waste" as defined by the Resource Conservation and Recovery Act of I976 ("RCRA") as amended; hazardous wastes, hazardous materials, hazardous substances, toxic waste, toxic materials, or toxic substances as defined in state or federal statutes or regulations; asbestos-containing materials, polychlorinated biphenyls; radioactive materials, chemicals known to cause cancer or reproductive toxicity; petroleum products, distillates or fractions; any substance the presence of which is prohibited by Real Property Purchase and Sale Agreement Approved by Council 1418-I 1 18 statute or regulation; and any substance for which any statute or regulation requires a permit or special handling in its use, collection, storage, treatment or disposal. 12.2. CONDITION OF PROPERTY AND RELEASE. Buyer/Developer acknowledges that pursuant to Article 5 Buyer/Developer will have conducted a physical inspection and made all investigations Buyer/Developer deems necessary in connection with its purchase of the Property. Upon waiver or satisfaction, Buyer/Developer will be deemed to have approved the physicai condition of the Property and, subject to the express representations and warranties of City/Seller in this Agreement, including those contained in Article 3 of this Agreement or the Statutory Warranty Deed, agrees to accept and purchase the same "AS IS, WHERE IS" after Phase II Environmental Assessment of the site including, without limitation, the existence or non-existence of any pollutants, contaminants, hazardous waste, dangerous waste, toxic waste, underground storage tanks or contaminated soil, or the actual or threatened release, deposit seepage, migration or escape of such substances at, from or into the Property and the compliance or noncompliance of the Property with applicable federal, state, county and local laws and regulations including, without limitation, environmental laws and regulations. Buyer/Developer acknowledges and agrees that, except to the extent of City/Seller's express representations and warranties in this Agreement, including those in Section 3.1 and the Statutory Warranty Deed, and, except to the extent of any fraud or misrepresentation by City/Seller, City/Seller shall have no liability for, and that Buyer/Developer shall have no recourse against the City/Seller for, any defect or deficiency of any kind whatsoever in the Property including . without limitation those relating to Hazardous Substances, without regard to whether such defect or deficiency was discovered or discoverable by the Buyer/Developer. Upon Closing, except to the extent of City/Seller's express representations and warranties in this Agreement or in the Statutory Warranty Deed and, except to the extent of any fraud, or deliberate misrepresentation by City/Seller, Buyer/Developer shall be deemed to have released City/Seller from all claims, liability and damages arising from the condition of the Property, including its environmental condition, except that nothing in this Agreement shall be deemed to waive any statutory claim for contribution that Buyer/Developer might have against City/Seller under federal or state environmental statutes that arises from hazardous materials deposited or released on the Property during City/Seller's period of ownership. This paragraph shall survive Closing and be binding upon and benefit the successors and assigns of both Parties. 12.3. PROPERTY ACQUISITION AND DEVELOPMENT. As between Buyer/Developer and City/Seller, BuyerlDeveloper shall be responsible for all of its costs associated with the acquisition of the Property and for all costs of development of the Property, including without limitation responsibility for all land use mitigation, approvals, permits, site plan approvals, environmental approvals, and any other governmental approvals necessary for Buyer/Developer to develop and construct the Project on the Property. Real Property Purd►ase and Sale Agreement Approved by Council 1a18-11 19 12.3 INDEMNIFICATION In addition to and separate from the remedy provisions in Section 11.2, Buyer/Developer, its successors, designees and assigns, agrees to protect, defend, indemnify and hold harmless the City/Seller, its officers, officials, employees and agents, from and against any and all third party claims, actions, causes of action, demands, damages, liabilities, losses, costs and expenses of any kind or nature, including reasonable attorney's fees and costs of inediation, arbitration and litigation (through all appeals), arising from or related to Buyer/Developer's breach of its duties and obligations under this Agreement, including without limitation, claims arising from any breach of, or material inaccuracy in, any representation or warranty made by BuyerlDeveloper in this Agreement; any breach, non-performance, or non- fulfillment by Buyer/Developer of any agreement, covenant or obligation of Buyer/Developer under this Agreement; any claims (including liens} of professionals, contractors, laborers and material suppliers arising from development and construction of the Project; any violation of law by Buyer/Developer or its affiliates; any claim for brokerage or finder's fees or commissions or similar payments based upon any agreement or understanding alleged to have been made by such claimant with Buyer/Developer (or any of its representatives) in �connection with any of the transactions contemplated herein; or any claims related to the organization, business affairs, ownership and operation of the Buyer/Developer and its affiliates. ARTICLE 13. MISCELLANEOUS PROVISIONS 13 .1. NATURE AND SURVIVAL OF REPRESENTATIONS AND WARRANTIES Each statement, representation, warranty, indemnity, covenant, and agreement made by City/Seller and Buyer/Developer in this Agreement or in any document, certificate or other instrument delivered by or on behalf of City/Seller or Buyer/Developer pursuant to this Agreement or in connection herewith shall be deemed the representation, warranty, indemnity, covenant and agreement of City/Seller and Buyer/Developer and shall survive the Closing Date unless a different time period is expressly provided for in this Agreement and all such statements are made only to and for the benefit of the Parties hereto, and sha11 not create any rights in other persons. 13.2 TIME IS OF THE ESSENCE. Time is of the essence in the performance of this Agreement. Whenever any time limit or date provided herein falls on a Saturday, Sunday, or legal holiday under the laws of the State of Washington, then that date is extended to the next day that is not a Saturday, Sunday, or legal holiday. The term "days" as used in this Agreement means any calendar day. 13.3 NOTICES Any and all notices or other communications required or permitted to be given under any of the provisions of this Agreement sha11 be in writing and shall be deemed to have been duly given upon receipt when personally delivered or sent by overnight courier or three (3) days after deposit in the United States mail if by first class, certified or registered mail, return receipt requested. All notices shall be addressed to the Parties at the addresses set forth Real Property Purchase and Sale Agreement Approved by Council 1P�18-I1 20 below or at such other addresses as any Parties may specify by notice to all other Parties and given as provided herein: If to Buyer/Developer: Dr. Hisham N. Ashkouri Crystal Way, LLC 1185 Washing Street Newton, MA 02465 With a copy to: If to City/Seller: With a copy to: Jonathan Roth, Esq Donovan Hatem, LLC 2 Seaport Ln, Ste 800 Boston, MA 02210-2067 Telephone: 617.406.4500 FAX: 617.406.4501 Email: jroth(a�donovanhatem.com Patricia A. Richardson City Attorney City of Federal Way 33325 8�' Avenue South Federal Way, WA 98003 Telephone: (253) 835-2570 Fax: (253) 835-2569 Email: Pat.Richardson(�a,citvoffederalwav.com Frederick Mendoza Mendoza Law Center, PLLC PO Box 66890 Burien, WA 98166-0890 Telephone: (206) 244-1641 Fax: (206) 244-1643 Email: fred(a�mendozalc.com Real Property Purchase and Sale Agreement Approved by Council 1418-11 21 13 .4. ENTIRE AGREEMENT AND AMENDMENTS. This Agreement (including the EXHIBITS, their schedules and attachments, and other documents incorporated or referenced herein) constitute the entire agreement of the parties with respect to the subject matter hereof and may not be modified or amended except by a written agreement specifically referring to this Agreement and signed by a11 parties hereto subsequent to the Effective Date. The parties agree to negotiate in good faith regarding Development Documents and drafting of the contemplated Reserved Easements and Development Covenants. Notwithstanding, no provision of this Agreement may be changed, modified or amended without the approval of the Federal Way City Council, which approval cannot be anticipated or assured by the Mayor or any City staff persons. 13.5 SEVERABILITY In the event any portion of this Agreement shall be found to be invalid by any court of competent jurisdiction, such holding shall not impact or affect the remaining provisions of this Agreement unless that court of competent jurisdiction rules that the principal purpose and intent of this contract should andlor must be defeated, invalidated or voided. 13.6. WArvER. No waiver of any breach or default hereunder shall be considered valid unless in writing and signed by the party giving such waiver, and no such waiver shall be deemed a waiver of any prior or subsequent breach or default. 13.7 BINDING EFFECT This Agreement shall be binding upon and inure to the benefit of each party hereto, its successors and assigns. 13.8. LEGAL RELATIONSHIP The Parties to this Agreement execute and implement this Agreement solely as City/Seller and Buyer/Developer. No partnership, joint venture or joint undertaking shall be construed from this Agreement. 13.9 CAPTIONS The captions of any articles, paragraphs or sections contained herein are for purposes of convenience only and are not intended to define or limit the contents of said articles, paragraphs or sections. 13.10 C OOPERATION Prior to and after the Closing Date the Parties shall cooperate, shall take such further action and shall execute and deliver further documents as may be reasonably requested by the other party in order to carry out the provisions and purposes of this Agreement. 13.11 G OVERNING LAw. This Agreement and ali amendments thereof shall be governed by and construed in accordance with the laws of the State of Washington applicable to contracts made and to be performed therein, without giving effect to its conflicts of law provisions. Real Property Purd�ase and Sale Agreement Approved by Council IQ18-11 22 13.12. S URVIVAL. The terms and provisions of this Agreement will not merge in, but will survive, the Closing of the transaction contemplated under this Agreement. 13.13 A SSIGNMENT. Buyer/Developer shall not assign this Agreement or any rights hereunder without City/Seller's prior written consent, which shall not be unreasonably withheld, delayed or conditioned in the case of Buyer/Developer assigning the Agreement to a limited liability company or other entity of which Buyer/Developer is a majority member and so long as the assignee agrees to be bound by the terms and provisions of this Agreement and demonstrates to City/Seller through suitable documentation that it is financially able to fully perform the terms and provisions of this Agreement. Subject to City/Seller's prior written consent, which shall not be unreasonably withheld, delayed or conditioned, and upon such assignee's financial qualification to perform the terms and conditions of this Agreement and assumption of Buyer/Developer's duties and obligations under this Agreement, Buyer/Developer may assign the ownership and the entitlements to construct portions of the Project to a third party. Finally, Buyer/Developer may transfer ownership of portions of the Project in accordance with the terms of this Agreement and upon such other terms and conditions as the Parties may agree upon to allow end user ownership and/or occupancy of the condominium residential units, office spaces, parking stalls and limited common areas. 13.14. N EGOTIATION AND CONSTRUCTION. [INTENTIONALLY OMITTED.] 13.15. V ENUE. City/Seller and BuyerlDeveloper stipulate and agree that in the event of any litigation arising out of or related to this Agreement, venue for such litigation shall be the Superior Court of King County, Washington, Kent Regional Justice Center, the exclusive jurisdiction and venue. 13.16. T HIRD PARTY BENEFICIARIES. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein unless such persons or entities sha11 become parties to the Agreement by mutual consent of City/Seller and Buyer/Developer. 13.17 ORDER OF PRECEDENCE. In the event of a conflict between or among the documents that comprise the Agreement as described above in Section 13.4 ("Entire Agreement and Amendments") the conflict shall be resolved by reference to the documents in the following order of precedence: First, the language of this Agreement; second, the contents of the Development Agreements (EXHIBIT B); and third, the language of the relevant and applicable Reserved Easements or Development Covenants. 13.18. M ORTGAGEE PROTECTION. Where the mortgagee of all or any portion of the Property or the beneficiary of a deed of trust, obtains possession as a result of Mortgage foreclosure, or judicial or nonjudicial foreclosure or deed in lieu thereof, such mortgagee shall not be liable for Real Property Purdiase and Sale Agreement Approved by Council 1418-11 23 the completion of any performance by BuyerlDeveloper arising under the terms of this Agreement or any e�ibits that are attached hereto, provided that any person or entity who acquires the interest of a mortgagee or beneficiary of the deed of trust in the Property shall assume and agree to be bound by the terms of this Agreement in connection with any development or construction on the Property. 13.19 C OUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. A11 such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of a11 signature pages. The date upon which the last of a11 of the Parties have executed a counterpart of this Agreement sha11 be the "date of mutual execution" hereof. 13 .20. E XHIBITS AND RELATED AGREEMENTS The following Exhibits and Related Agreements described or referred to herein, whether or not attached hereto, are fully incorporated into this Agreement by this reference: EXHIBIT A EXHIBIT B EXHIBITC EXHIBIT D EXHIBIT E LEGAL DESCRIPTION OF PROPERTY (RECITAL A� DEVELOPMENT DOCUMENTS (SUBSECTION 1.1.3� CERTIFICATE OF NON-FOREIGN STATUS (SUBSECTION 3.1.10) [RESERVED] [RESERVED] [Signatures of the Parties Appear on the Following PageJ Real Property Purchase and Sale Agreement Approved by Council 1418-11 24 CITY/SELLER: CITY OF FEDERAL WAY, a political su6division of the State of Washington Skip Priest, Mayor Dated this _ day of August, 2011 APPROVED AS TO FORM: Patricia A. Richardson City Attorney Dated this _ day of August, 2011 BUYER/DEVELOPER: CRYSTAL WAY, LLC, a Washington limited Liability Company By: Dr. Hisham N. Ashkouri, AIA Its: Manager Dated this _ day of August, 2011 By: Its: Dated this _ day of August, 2011 E�cu�D as of the date and year first above written. Real Property Purchase and Sale Agreement Approved by Council 10-18-11 F�� EXHIBIT A PROPERTY LEGAL DESCRIPTION The West %z of the Southeast quarter of the Southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington, EXCEPT the South 825 feet thereof; AND EXCEPT portions thereof conveyed to King County for street purposes by Deed recorded under Auditor's File No. 7801200908 and 7801200911. SUBJECT TO a 10 foot wide easement for storm drainage lying 5 feet on each side of the following described centerline; COMMENCING at the SW corner of the above described parcel; THENCE N 00° 11'33" W, 36.06 feet along the Westerly line of said parcei to the TRUE POINT OF BEGINNING; THENCE N 47°49'36" E, 36.87 feet; THENCE S 86°54'44" E, 328.5 feet to the end of this center-line description. End of Legal Description. Real Property Purchase and Sale Agreement Approved by Council 1418-i l 26 . . ,_ �_ _ . . DEVELOPMENT DOCUMENTS All contents of one or more binders labeled and entitled "EXHIBIT B, "DEVELOPMENT DOCUMENTS," as amended and revised from time to time during design, development permitting and construction of the Project (prior to issuance of fmal Certificate of Occupancy for the Project) shall comprise the "Development Documents." The Project shall be designed, developed, constructed, managed, operated and maintained in accordance with the Development Documents. Without in any way limiting the scope or specificity of the Development Documents, they shall include: 1- EXHIBIT B-1, Request for Qualifications (RFQ) as prepared by the City of Federal Way dated April 25, 201 l, 2- EXHIBIT B-2, Response to RFQ prepared by ARCADD, Inc. and Hisham Ashkouri, Architects da.ted June 1, 2011, 3- EXHIBIT B-3, Supplemental Information prepared by ARCADD, Inc. and Hisham Ashkouri, Architects dated July 13, 2011, 4- EXHIBIT B-4, Design Guidelines as negotiated between the Parties, dated August 23, 2011. Real Property Purd�ase and Sale Agreement Approved by Council 1a18-I 1 2? �� ��� � � ' � � ��� � � � �' ,� � �. �� � �� �� '� � �`` '�. ,�`` � ' ,� � . 31 GOt1 2t3'�' Ave 3ou#h F�c3�r�3 ����. �t����in�tc�r� � � � � � 3;�t�1 �ar�t �u�re fi, 2011 � �: C:�tY �a# Ft�lerai V�ay ;3�32� �'�� AY� `°.�uih F�t�et�R W;�r, Yit! �J&Qt33 _� — +'�... ..� ,�t .. =`.t�tF u��ri #��9� �� ��� 1��u�ac3: l►pril 25, 2t}'11 RFQ: Federal Way City Center Mixed-Use Development Invitation ................ .............................3 ........................................................................ The Opportunity ............................................... .. .............................6 .. .......................... Project Vision and Principles ............................................. ........................................ SelectionProcess ..................................................................................................... Submittal Requirements ....................................... ...........................12 ......................... Tentative Schedule ............................ .......15 ................................................................ Appendices ................... .......................................16-24 ................................................ • Map of Federal Way City Center ......................................................... . Map of Site .................................................................................. • Preview of RFP Requirements ........................................................... • Criteria for Public-Private Partnerships ................................................ • ParWPublic Open Space Design Guidelines ..................................... • . Legal Notices ...................... ........................................................... � City Center Mixed-Use Development page 2 Table of Contents �°`�a���` , ..�'� :a � a�&.s` ��.iP1i'�t i'a���.�� �md.�a ,�?'s��d�';4��F�s�#�l� a a� ,m,p' ,� � 'I"h� City c�f Fecierat ti1'a_y,1�'ashingtor7 {th�� �'ity�}, is pleased to annout�ce f:he c�ff�ring for tn.ixed- use redevelopnlent of a key° sitc: lorateii i.�i its C'ity C:F>i�t��r. Specitir.ally, t}7e {:ik3� is seeki���; staten�ents c�f qualifir.atic�ns and pr�>�entatic7n <>f concepts fron� c�xprric>ncc.d dc>velopers {anc� c�evelup�i�ent teams) �n�illing to entertain a pub3ic-privat� part�iership ii� a�cordance with the princi�l�s ai��i prrxedures ai�tlined la�re. jI'lt� ���ve(c�p:me��t proj�ct is h�rr:itl referr�d to as Ehe Pria}�r.t, and the praperty tliat �vill b� i����Jelapeci is h�rein r��erxed to as thc� Site.] . i'his Rc��uest fc�r C)u�lification� (R.FQ) ��:rot:es� is intr�nclr>d ti� ��covidi an oE'porha:r�ity for �ntcrested deve lopers to iit:n�onstrate khei�� inte2•�st aiid capat�itile tc> acc�t�ir�: (frot�� th� C'ity) and di:velop a �najor mixed- usi pr�ject in Ciky t:i�nter. "1"he City af Feclerall'Vay' is a» ri�ual c���pc.>rt�inrty i:>in�>loy�r ancl �r�a:>ura� participadon a.f small, �Y�inoritv-, an�i won�c:�n-c���•n«�c-( 1ius�ness� s. Jc�int ver�h�res are alsa enci�uraged titirtiere f�a5ible. 7lte Cit_y� is asking pros�ctrve clevelc�pniF:nt tee�nas tc> �ub�ni# sutfirient inf<>rmatiun rc:�;ardi��g tY��zr cievelopi�7ent ��xpertisc as wEll ati a}7�•climinarv r�dc�vef��ps»�nt cr�nc��>t, �n c�rc{e.r to e���ai7.le the City tc� sc:lect a shc list uf tit�a�ists ��txo �vil� t� inv ike�� tc> r��spoiici to a mc�r� detail�d itec�u��st tc�r Pro}�osals (K1�I'), RF� responses are clue b� 3:00 pm, cm ,lune 6, 201't. We loc>k fc�rw��r<l to yc�ur submit#a{. _.... . _.__ ... __. __.___ . . i. �,.�.,_ ,.�. � . .. ... . - .... � � y�� . RFQ: Federai Way City Center Mixed-Use Development Team The City seeks qualifications from comprehensive development teams who can acquire the Site and carry the Project through to occupancy. 'T1'►erefore, development teams should include any discipline that would be appropriafie. Team members may include: ■ Development entity (lead team member); • Architects; � Civil engineers; • General contractor; • Marketing/sales support; ■ Financial partner; and • Any other partners deemed appropriate. Partnership The City seeks to identify a development firm or development beam who is willing and able bo enter a public-private parinership to fulfill the vision for the Project Thus, the City seeks developers who: • Understand the significance of the Site in advancing the Cit}�s Comprehensive Plan vision for City Center which can be summarized as follows: • Creafies an identifiable downtown that is the social economic focus of the City • Strengthens the City as a whole ... growing empioyment and housing • Promotes housing opportunities close to employment ■ Supports area transit investments • Reduced dependency on automobiles � Consumes less land with urban development ■ Maxunizes benefit of public investment • Provide central gathering places(s) ■ Improves quality of urban design In addition, successful developers should have: • Experience in developing, financing, marketing and selling, and/or managing projects of similar size, scope and nature; • Demonstrated ability to develop projects which are an asset and a"correct fit" with �►e community; • ■ Experience in project management and compliance with budgets and schedules; ■ Capacity, experience, and willingness to enter into a public-private partnership; and ■ Sufficient financing capacity to complete the Project. � City Center Mixed-Use Development page 4 g�s , r`•.'�_ s.� a � a•�, ��°-u�4���1���$9'f '� a �,M:: a a2��"P�'s�� '�.�'q� �3;,� � ����.t a�aa.;��Pb� �3`:�f, t� f�'"<��L.dl ���L.u� W€$ ; V t ��.�`� i.,f"1�%� �a.rf✓FPL�Y F�ederal 4Na�' Citv Cente r is i�� thty nti�ist of a tr•.�r�sfor�nntian £rom a traditi�s�al sut��lr�i�in ftirni to a vibritnk t�rbae� c:ei�ter. F3ound by 5a. :�12a Stre�e..k on the ni�rth, inters�tate � c�n the exst, So. 32=�'n Strc.etit on t�he s�uth, arn� thE Pa�ifir High�vr�y a:�xriclar c7n the wc�st� -- �n�d c�ntprisiztg 4"14 acres -- lhc a�•c>a fe.atures 2.7 miltiun square f�.� t t�F r.xi5tit��; r�taii s��ace (much of it largc> torrnat), mare Ehan ti5i) ht�tel ro<�ms, 22�,t�� syuare feek c�f i>ffice a�7ci 89() miiltifan�ily resiil.entiai u3�its. The. conYY�tunikv l�c.�sts wc�xld-c(��ss c�i�lh�ral instit�itioc�s, e���;a�i�l� a}>en sp�ces, and close prc>xintity� to �re�;ic>nal educ�tic�nal :�nci health cart instih�tions. While C::ity C::F:nYer has seen continuin�; inc�estmtnt in ret�il a��d romyi►ercial projc�c:ts, it has nnt see�� khe san�t: int7ux of nr.ry url>��n mi.xrd-use de�-tlo�?ments containinK a densc:r mix c>f commercial uses and urban hc�i�sin�; as othcr �xrb�ini:ri:ng suhnrban cc�mn7liniti�s in thc E'acific. NorthLti-est. li rb�n housxn�;, lifest�rlt�-orienteii retail/scrvic� dE'vel�p:ment anil mixed-use c�evelvpntent a3re a ccjr� ct�inpope:nt ot E:very su<�cc:ssful dox ntou�n as tht�y add �%9talit�� to thc: strecl:s, ��i���rsity tc> the skvline, and buy>in� par,�er to t�t�e econonty. �:vex� tYi<�re i��npc>rtand�y, hotiti°ever, is that such usc s r�•o��lc� satisfy a well dc�curx�enteci c�e�manci for u:rtran, lifestylE�-vriented living that is curr�i�tly lacki��};� in the l��tid�xai't�1'ay cnark�t. Ft�r these reaso�is, the� Proj�ct re}»•e>s�>nts a utuquE: c���}�artianity to capti�re: �»rt� c�f kliF:� ��siktiE:r- `Tace�rnr� r��i��«'� l��rry;t:onin�; m<�.rk��t fc.x ur•l>e�i7 hc���sing a�71 cc��ttmirci��l u:�is in � mixc�d-�i5�:, liFest�•le�_ oriented f���•�t7at. 1'l�e� n�ost recE:nt �narket anah�sis fcar thcj �,reater Pederal Ltiay Cit�- C'c�t�ter tracie area sugg�5ted #he: following: • I'apulation and hc,�rs�:hc�lci f;ro�vth cc�nsistent wit�li tl�e �n�t:rr<� area as a whc>le �t; . ��leciian household �siam�tes in a fiivc:-mile 1'27C�lUS 17I CenteR� �1�e.:re also ft�unci to lx� highe.r th�n thc. s<�:cne z�rea arc�unt� its t�i� major rc:tail coa�ipetitc>rs - 1'arc�►na Mall and �ic�uthcenter h'lall; • Ba4ec� 0�1 supply ai�d cicniand cnr�c9itions acrc�ss ��11 n7ajc�r iznti u�s, niar.kt>t cc�ndi#ions Sup�c:>rt new• ec7nstrue-kii7n, �;reater divr�rsifiration �f eie�vele���Yxrent types anci the potential kor a vital url�an cente:r. , The L.itv I�<�s �a numbE:r oE toc�15 av��ilabl�. tc� �tisist landcn,�ner4, devetc,pe:rs an<i inv�fitars unciertaki.�ig thi�; and ather devf:lc��mettt anci rede>velc?pn�c�rit prc�jec:ls ita Eli� Cah C'enter. '1'li�.�se are itescribed 1at��r in kh'rs IZeyu�5st. _ � ,,, � , �,,; ��ara:..� , , � :, . . . i.�itx/ t:'�ttte`r {sht.,%:�ire� tl�e S;:tc 1ti�;itiiKhtcd irt re�) iL�' °.�; � ���xi"`�� 1�ar=§,.r ,..+r�; � az�°���`�;:,t. �.i:'Wa� �'�����i�3��3�"$�I�;���i �''� �. � �` �. � � � �� �� �'�� ' f'roperty l,acation Site Condition Access Site Area Scenic Attributes Aarking ��� Cih CE?I'i�P..P .�%I1XE?{�-USE' L)F'.VHIi)pllletl� Sltt ! Ihe Site t 'T'he Site xs I��cated in the Citv Cent.er nf. i~ederal Way, 11�'a5hin�tan at the southeast corner ofi S:i1t�t�' St a:�tid 20'h Av S; appro�cimately 10 mil�s from �iea'Tac Intc:rnational rlirport; and l.xttiti=ce:z� dc>wnto1vn'�attle, located �pproximately �:3 mil�s to thi: �ir�rttY, <��iii �i�ativr�tnwn'1'acoma, lr�cateii. approximately 12 mi(es to ti�x, sc>uth. I 'IIE: Sl�k 1.S � itl�in tlic: nc�rtht�rn half c�# City Ceater, th4a comn��xx�itv's c:entral busuic:ss clistric:t, in z�n �:sta�lished r�tail arta c� ith nucn.er«us restacirants, retail stor�:s, loc��;in�; �stablislrmer�ts, rinemas, a�ic1 ser�•ice businesse:s. 'I'hE> Site is tocatc> dC��BLf?[lt Yn FIIE' Cit} Transit C'trtter, fi�3ti�rin� a 12l)()-space parki►�g garage, bus pt�tform for �o�ind "l�r�nsit, '�tE`fR0 and 1'iercc: `1`ransit bt�s��s, arad direct ��ccess via 1iOV l�nes t� I-5 via S 377'a' �t. I�his 3'ransit C:entc:r se:rvE:s as the transit hub tor the greater Ft:d<�ra1 Wa�� arE:a anc� is s1atE:c� tc� b� a fuiut'e li��hk-rai�l hY�b. bb'r#hia� i��a(king distance are the C:amn�c�ns at Federal Wat :��I�i.l1, �tE�el (..ake 1'ark, Celel�ration 1'ark acad a#ull range of retail goc3ds and serti ices, inc(uciir�g supermarkets. `I'lxe site is vaca�et. �i"hE: n�aj��rity s�E the Site is occupic:d by a �,avE:d, surfac:e part;in�; lot. Via l:�tr�:rstate �, ,`? <'320'�' St �n� north on 2t1#�' �Avenue Sc>ixth. t aic��s to% frarx� I-7 availaL�le via S 317�h �itr��t. 18il,�ti9 syuart� t�>c:t {.�pprc�x. 4.1 at:r�s}. Kit�g Cc>��nty !�s4issc>r's i'arc:t�l Numt�er: U921��C3(321 Viiti4s frc�m t}ie City c�F the t�lt�rn�ic: ��1ou��tain R.�n�e �nti I'rr�;tit`�c?und e7# b+sMries ai�ti availat�le, with unprecc<ientc:ci viE���s c>f �Rt. IZz7.inier fram �;ro�unc� [evc:l. t7x►-site }����kin�; titi�i11 t��ed Fu t� ziccc�mmo<iatc:�d i�� ttrf: tit�v��lu},m� nt pro�;ranl, most likelv in th�: fc�rrn �>f strur.turecl parku�g (akrUVe arldj nr l�>Ic7�ti �rc>anci). r, 6 ,__.3 _ �.�1'� _ „ _ . r s , u �r.:-3_ � �<,� �; RFQ: Federal Way City Center Mixed-Use Development Zoning and Allowed Land Use Currenfly zoned as City Center Core which allows for a full mix of uses in low-, mid- and/or high-rise structures. Height limit as-of-right maximum height limir 200 feet. Through a discretionary process, ir►cluding design review and impact analysis: fiexible maximum height limi� Traffic Volumes Interstate 5(over 175,000 AD'T}, Pacific Highway (approximately 28,000 AD'I'), and So. 320d' Street (between 35,000 and 70,000 ADT). I�fras{tu�re City sewer and water, natural gas, eiectric and fielephone are alI available to the Site. Fiberoptic cable and Wi-Fi are available in the City Center. ' Intended Land Use Mix of uses which demonstrate the highest and best use of the Site; incorporating mid- and high-rise structures with low-rise components, including retail, service, residential (both rental and ownership), office, enbertainmer►t and institutional uses, supported by a significant public open space feature(s). AdditionaI Opportnnities In addition to the subject site, several nearby parcels aze aLso potentially available for redevelopment and/or partnership: 1. Transit Center West. Immediately fi� the east across 20d' Avenue S from the subject site is a 20,669-square-foot vacant parcel owned by the City of Federai Way and available for transit-orienbed development King County Assesso�'s Parcel Number: 0921049057. 2 Civic Center Site. Immediately to the r�orth across S 316� Street from the subject site is a 172,040-square-foot site recendy purchased by the City of Federal Way and identified as the future location of a Civic Center b� feature a planned Performing Arts/Conference Center. The site is of sufficient size to allow for private codevelopment (hotel, retail, restaurant, housing, ebc•). King County Assessor s Parcel Number: 0921049166• 3. Former Tazget Store Site. Immediately to the east of the "Civic Center Site" is a 326,050-square-footsibe containing a vacant former Target Store. This sibe is owned by Park Tazget Investments, LLC. Pri�ipal is Mr. Bryan Park who has indicated an interest in redevelopment alone and/or especially in association with the proposed Civic Center development on the adjacent parcel. King County Assesso�'s Parcel Number: 092]04-9017 � City Center Mixed-Use Development p� � €`#'2 �n. , �L,1� 'd�F'::fi�� �aY$.�> �6 aF4�E.f'.��' , ' r ����t�A�e� �.Q�„".:L 8,�..ax%P§a�z.+`�,F��f�flU93� -.. ➢ 3,&.a • . � � � � �� � F , ,� ? ¢ q�'� � +.`w .e � ;ib'� ' � � � � � .,� � .�.� � � � �� w � � � 'a,� �Z'.. � �,�w � � � , .... � � �Y��� �� The C:ity is seekin�; tc> select �� c1E�veio�p�ment team who shares #he enkl7�isiasm �jnci visic>n f�x a vil�rant da�vntotiti�n reiieral W��� as a place tc� tive, ��%ork, shnp, r�nci plaY. 'l I'rajc�ct envisions a c�t'nse mix of ust�s, £�aturin� urL�a�. hcr���in�, cc�n�n�ercia.l l:�s�s ar�d signifir.a�lt ty��en s��ares. A re�ntra�l appre�ach fc��� the ren�iss�ncE: uf City Centc:x• c���sists cYfi encc»�ragin� �trafi�:gic i»vestmc�nt in e� �:am�7ac:t e�aviro[ln�e[�t th�t c:ontt�i��s an appropriatc> �nix i7f land us�s, �;ives �;rer�tei• r�m}�h�sis tr� �nult�iple fc�rn�s of �cc��ss, and ere�Yes a uniyne sei�se of ��lacx>. �,dl��t�?"1 '1'hc>. I�ederal ltiav C�ih� C:'�ntt:r wilt t?e highly urbanired, mixed-use urban center tivikh a conrentratian c�f I�ousin�; uni�s, com��iE>rcial us�s, jc�bs ai�d �ublic s}�ar.es siip�ortin�; pt�blic transpor#atic�x�, pi::iestriari activity' a�ic3 a unique tie�ise of piare. I'reiluminani land �ixs�s �n�i11 1� r�sitle�trtiat, cc>m��nercial artc! c�ivic trs�fi. `I'�aE� I'raject slaoi��lc� serve ��s � catc3lyst ��ithxn this urba�� cente:r, �iesignecl tu bring �r.n ac#ive tincl vital mix of t�ses to thi aria in a��eciestri��n-f'riendly, h�ansit-sup�?��rtivr: fc�rmat. Different ta.nd irs�s w•i11 bc: foLinci side: by sic�e ar w•itllin the sarnc struchires. 'l"he mix of uses tivi11 be IocatEd in � dcvE:lvpt��E:nt rti-ith minimal s�:t�a.cks, reiluceii }�arki:ng res�uirem�nts, and taller skructures, �il in an effort t� aihieve )li�her dcnsities nc.cessary to Suppc�rt the ra.rziy��E: "sEnse of ��lace." It tiv ill. serve as a catalyst fo�� pul>tic and private investment anci E�conc�mic activity, e.ffc.ctivi�ly lit�ilclin� off tltz stren�ths t�f th�� surrounilin�; area and c�z�n�actinY tn tlie adjacent n� i¢;labarhoods. � � � � $ L. � � ,.A i.A' S� I �.�'i.1 : i . �'� � �7 'n„1 � '��. i t � t s � � 81,,,; 3 I "3'he disired �eam�.�i�nents c��f this catal��sk Prc>ject ix�cl�xd�:r th� fnlla�=ing: • Hi�;hest anc� ue4t us� c�f the site ■ ?�'Iict- to l��i�h-rise builc�ix��4 as yvell �s 3v�v-r��e c�c�n�ponents, aillieving t1�e si��ase c�f an "cyc�,anic villa�;e c7f structt�re�, r�tat a sir��;le prt�jeet. ,. � �1ix of u�s -- r�siclential {both lc:ase J c�c��nj, c?ffii:e, retail, servic�, e:ntert��inmE:nt, c�r instiYutio17a1, �tc. • t� si�;nrficlnt }�ublic c���en sE�acEs in a square" format ti�at �s seamlessly inki�;rateci K�ith surrc>undixt� cie.ve�la���x�eyzit fc.>r aetiv�atic>ri, ��rc7�;rarni7iing, pa�a�ve' vi�;ilactcti, etc., anci includin�; t�oth gr�:�c:nscHpe and hardsca�e cur��pcment, �s well as art work and,�c�r ��rtistic ex}�ressic�n. I'icasc� rei�er to �Fxhibii� 6 ft�r �I'ark j Op�n S}�ace ��[>>E�si�;n C�ui�3eli�3es. ---------..__ ____._____.____ _— _ . _ _ ,� � ,; <� p � .:' � .. � ic: !.� �.3� . , r#.�!`< ,.,.�.s .. RFQ: Federal Way City Center Mixed-Use Development • Superior urban design, site planning and building design ■ Adherence to the Development Goals and Principles enunciated below. Development Goals and Principles As a development catalyst in a significant location in the Federal Way City Center, the Project should embody the best of Smart Growth principles and should be an urban design showcase. The final development plan to be prepared by the selected developer should incorporafie these goals and principles as a fundamental part of the plan: Goals: ■ Address underserved market niche • Support stabilization and diversification ■ Provide direction for targeting and leveraging public investment � Advance a market tested stakeholder vision over the near- and long-term (as expressed herein) • Advance a physically and econoaucally sustainable plan Principles: ■ Smart Growth Principles, as defined by the American Planning Association (APA),1996, including: ■ Efficient use of land resources; � Full use of urban services; • Mix of uses; ■ Transportation options; and • Detailed, human-scale design. • "Green" or Leadership in Energy and Environmental Design (LEED) development principles to the extent feasible (LEED rating not required) • Provide maxunum opportunities for viable mixed-use commercial development. ■ Contribute to the creation of a unique sense of place in the Federal Way City Center. � Provide a variety of urban housing opportunities. ■ Provide interesting and active fa�ades at the street level. ■ Respect and interact with surrounding property values and land uses. i ncentives The City recognizes t1►e physical and financial challenges that can accompany infill redevelopment, especially when compared with development of vacant "greenfield" sites. Consequently, the City intends M consider measures that may help to level the investment and regulatory playing fields. The City further recognizes that no single measure will address this objective, but rather that a series of ineasures, designed to capitalize on market opportunities and overcome barriers, may be appropriate. The City has identified the following potential partnership incentives and is willing to discuss their possible appiication to an appropriate redevelopment projecr � City Center Mixed-Use Development page 9 ��"`t�, � ������ r�s'�'� l�a.�$4i?;�9 ..�?.:�,,�, '"��;�... ���`�:����,�4b"�t.s��a� � L �t7.ItCIS [il.dV I.1E' m.ad.�.: a.v��ilablc: tc� ta4:rl.p financ:r� pu:blic iampanents Si1.C�l 3S �?libllC t)�f.'21. spelr4�, infraskrt�cture and �ublic parkin�;. "I'h� City's I.:t�ca.l T�7trastl•uctw•e� I�it�aneing `1'oc�l (ldi� i') a�•arci 1>y th� Stah: �1ay t�: �vailr�bie to �p,rc�vit��er cc�xitril��.�tx�rr�• f�i�mdit��� �For these }7ur�oses. • Up ii>'12-)-ear limite�� prc.�pc�rt�= telx �>xernpEic7�1 nia� be ��vail�l�le� fa�• reside�aYial ii��velopment ancl cer#�in n�ix�d-ust devcic�pment cc�niE7�i�E*nts; • Pc�ssit�ili[y� c�f financin�; tlirc�u�;h tt�e I::�3-a I�e7reign Inv�stment Visa I'rog;ram as the. Fecieral Y1�'ay C:iky C'ent� r is a USC':I�-ciesi�;rtiat�d "re�;it>na) cent�:r" for ktie pua pc�sE:ti of fc�rE:ign inveshnE�r�t; • C�it}' C°entt.r ei3viranm.ental ina�.7ac:t stake>itle�7t and resulting Plannec� r�ction Ordina►ac:e that substantiallv ic�ssc��is t.h� SI^:PA envirc�ncxie��t<�1 r��vi��� b�krcle�� for inc�ivic�ual c1evE�lrapers ti��ithin the C'ih� C�nter F'lc�nri�cl Action .'�rea (that inrl�s�l�; the> 5itti�). ■ City t:`c:nter cc>�7:izig that allo�vs fc>r higher-cit�c�sity uses ��nd fror�� li>ti+-rise to hi�h-rise cc�nsiruction; • Building C'c�d� ��rovisio7is that ailt��v 5-story ��c�od-Eraane-over-cc?ncretf> c:s:rnstr��rtii�n; ■ Pravisic>:n of a leat� staff cantact for Ehe I'roject to fe�cilitate �nc� E:x����dite permit approvais aniong ti Rrious City c�epartn�ents, ccrosistent �vith the de�.�elopn�ent �oals idc:*ntifiec{ in the RFQ; � Citizen c>utreach �ind �issistai7ct with public n�eekinp,s; • C>iher incentices �s negotiateci. ICI{:E:t1tiVY5 �)t)tE'il�Ii�IIV riv aila.t�le fr<>rn t}�c� C"itv are not in#F:nded tc> replaie c�ttiE�r proj�.�ct financing frc�m ��riv�it�: sc>urces. .IZaEher, th�>v arc? i�itt>ndecj tc� �?c flexable resc�urces tl�at can pc�tc:ntiall,v bric�g�: funtiing gaps whic.l� nta} t7c' created by tlle sornetimes more difficxrlt ��a#ure ot such }�repr��gram�tiet9, infili de4elo�.�rtient:s. ��ncc: Citr� criteria are satisfactorilr adcir�>sst>d, stafE will 3vork ���ikh the developer or devc�lopnien# heam to ku��ther �n�lyze s� iietrails at>c�ut tliE� prc�ject's financi�J prn forn�a anci c�tl�er E�ctc�rs, as r� arr��ntec�. :���}� potE�ntial ti�aancial assista�YCe t�� thc� prc�ject �+ ill lye c�etermined l,ased up<,r� thcy nature ��rid exfiei�t cjf khe "ga�>" l�ehs=een !he tok�l presject ri�sts, th� an�ount of pul,lic cc.�mpank�nts,:�►nd the amt��int �>f p�•ivate invc:5tint.i�t ave�i:lablr to cc�ver tiic>se cc�sts, assixzning a inarket-avera�c� rate t::t rpturn on die privake investincs«t. Baseci ripc�n tliii infc�rznatic>n, C"it} statf will tht�rt rc:ec>n�.mend the exttnt c�# the C'ilV'S �x�tt>ntial finaneiai }�tirticipatiorr i�7 thc> project. MozE:over, Y�lf: .IE:VE'I C)� ax�}� p��tc�nliat Cih� fi��arn:i��i parkicipation H•ill be ciependea�i, i�i part, c�n khe Fisc�J im,pact af the prc�ject ta #.h� con�nitinih� ani! ��xperteci privake investniea�t levera�;e resultii°�g fr�7ni its }��zrticipation. `I'he ultim.�#e gaai wiil tx to make the project econoinically �elf-�sup�orti�3g �s quickly as pc�ssibl�. �' �,�; �� � � ���"' �� � �� , �'°��'��'�. � �� f>le�ase fet�( fre�� ix> �. I�ecif:ral Way`s C-on�munity� and f..:co��c�mic I:)e�ve.lc��.�inent I7i�},�rtcnent via phnne, in pcssan c�r throu�;h their website #c7►• dc:t;�ited irxfc>rrnatit7n abc�tat ��n de:�vc:lc�pmen# regulakii�ns anii t}ie� pt.rmitti���; process. "I'he Cc>mmurYit�� ar7d I::r.c7ni�niic D�veli�}?�nr���t Department �v�bsite mav t7c. fau�icl at http:�,f ww��v.cat}�affe:tijersilway.<�om j t'a�;e.aspx?pa�i=31:18. � . .,� � i.s=� _ . ' ,. >�_�, � ., RFQ: Federal Way City Center Mixed-Use Development Selection Process Process An evaluation committee of stakeholders from the community and City staff will review the developer submittals. Additionally, the Cit}�s Community and Economic Development Director will contact references and brief committee members on those findings. Also, if needed, the committee will ask for and review supplemental writfien responses• The evaluation committee will evaluate each RFQ respondenNs strength vis-�-vis the evaluadon criberia and will determine a composite ranking of the respondents. Based upon the composite rankings, the Federal Way City Council will select approximafiely three (3) of the RFQ res�ndents to be invited to respond to a more detailed Request for Proposal. Evaluation Criteria Submittals will be evaluated based on the following criteria, listed here in order of importance. 1. Qualifications of Firm and Relevant Experience/ Projects: 'The City seeks a development beam with demonstrated experience in mid- to large-scale commercial, residential and/or mixed- nse projects, as well as with the financial capacity to develop such projects. 2. Relevant Public/ Private Parhiership Experience: Since the Project may include a public- private partnership, any relevant prior experience in similar parinerships should be noted. 3. Development concept. Each development team should present an illustrative development concept for the Site. If selected to respond to the RFP, the development team will have latitude to develop said concept broadly in preparation of a schematic proposal that is financially viable. 4. References: The City will contact references to evaluate past performance and working relationships. Development teams are cautioned not to undertake any activities or actions to promote or advertise their submittal, other than discussions with the City staff as described in this KFQ• After the release of this RFQ developers and their representatives are not permitted to make any direct or indirect contact with members of the Evaluation Committee, Federal Way City Council, other Federal Way boards or commissions, or media on the subject of this RFQ, except in the course of City evaluation committee-sponsored presentations. Violation of these rules is grounds for disqualificalion of the development proposal and team. City Center Mixed-Use Development N°y� '' RFQ: Federal Way City Center Mixed-Use Development City Discretion and Authority (Terms and Conditions) a. The City may accept such responses as it deems to be in the public interest and furtherance of the purposes of the City of Federal Way Comprehensive Plan, or it may proceed with additional selection processes. b. The City reserves the right to reject any and aIl RFQ respondents at any time, M waive minor irregularities and to terminate any negotiations implied in this RFQ or initiated subsequent to it. c. The City reserves the right to request clarification of information submitted, and to request additional information from any respondent d. The City reserves the right to revise this RFQ and the RFQ evaluation process. Such revisions will be annou�ed in writing to all RFQ respondents. e. City reserves the right to award a right to submit a RFP resgonse to the next most qualified development team if a development team selected from the RFQ process does not submit an RFP response within the deadline stated by the City for RFP submittals. f. The issuance of the RFQ and the receipt and evaluation of submissions do not obligabe the City to select a developer and/or enter into or complete the RFP process. g. The City will not be responsible for costs incurred in responding to this RFQ. h_ The City may cancel this process or the subsequent RFP process at any time prior to the selection of any respondent without liability. i. RFP's or contracts resulting from acceptance of a SOQ by the City stiall be in a form supplied or approved by the City, and shall reflect the specifications in this RFQ• 'The . City reserves the right to reject any proposed agreement or contract that dces not conform to the specifications contained in this RFQ, and which is not approved by the City Attorney's office. Submittal Requirements Submittal Document The following information, to be delivered in a sealed packet mazked "City Center RFQ;' must be included in the submittal response: 1. A letter of introduction signed by the principal(s) of respondent firm(s). 2 Statement of Understanding: Discuss the significance ot the Site and � City Center Mixed-Use Development page 12 �I��k.m�. , g-t�$'��a;�9 �#���«,'�a s �ni,�`� .,. �R'�tb,�'w� �����:.��,R ; w�.:a�': 1..��'�I�i'���s�8�+�«.���� I'rojeck, thc team's ti�+�il:lingness to ne�c>tiate a potetitiaJ private p ��rtnership �vith t}�e City; �r�spondc:nt`s s�iew of the responsil�ility crf kht� potE�ntial }�ublic-pt•iVat� partners'hip; and, an und���standing of lf�t rolc� c�f a major c.exmnjk�rci�l «r mixed-us�: project for a healthy dt�wntotvrr. Praj�ct Cc�ncepk: Th� re�spc��ncie.nt shall prr�vide ar�d iilustrrate a prc�jE��:t r�ancept{sj for Ehe site. I�� n�� wti�ay _is this pre�ntati�rt �f �,rc�ject cc��c�pt bi►i�i�ing t�n eventual ��raposal subniittals. [t is intencied tU c1E:nio��strat� the r4s�.>onilent's initial cat�e�:pts and/or programmatic xespons� to khe Sitca's dev<�lc�pntent c>}?portunities �z�d h.hc� Cit�-`s rt�derrelc�prnent 4ision. 3. "Tea�Yi itifc�r�natiota: • Narn�:. ;�ddre�su:s, �nci �l�c}nc� numtx�rs of firrn(s) res��ondin�; (include cantac:.t in.fc�xniakinn for E:ach team mt:mk�c:r if tl�e acyuisitic�n rind dev�:ic�prn�>nt keazn includes ather firms); . I7ivisiozi t3f task� amoi�g teani mE*mlaers;ltx:atic�n of princi�?al affir.es ot ttie cievc:loper and each mecnber tirm �7f fihe cc�nsultant team; • l:')r:sc�ri}�ti��n o.t forrx� of ur�ar�i�aFion (corE�oration, partnershi� c.tc.l; • St�tc�ment of vears thc firm has tx�c�n i� husincss uncier carrei7t n�►tie �nd a list of otl�er �ne�na+�s uiaiier wllich kh� firm has c�E�ratec�. =�. IZes�imes c�f firm(s} principals and c>(ficers a��ci cansultant pri��ciEja(s ro L>e involr��ed. �. Descxipticm of relevant ex��tsrienc�f> Ok t}tE: CI4"Vf' lo�>rnent ttaa�tt. I�escriptions c�r resurnes shouli� address inclividual e�c�xiei�re and yualifict�tians. (�. I'r�jec:t F�,xait�pJ�s: I..,ist anci bri�rfly desc�rilx� x�le�.�ant, succt:s5fully roznplet���, cominercial, resiclential c>r �t�ixei�-ust> prc>jects that iiezn<>nstrate quality c?f ciesign, aite:ntion tc� cletail, int�gratic�n intc� existin�; io�nmunity fabric, ancl pul�lic-�>rivate }>artnerin�;, if ap}�licable. ['lease share yc>ur mc�st recent, mc�st reieva��t prcajc:cts. I'rojc�ct exan�ples may E�c fron� ini ex�.�ricnce of the team p�rincipals or frt�m�firm �rc�jrcts. Ata minitnuni, inriude c:xamples c>f prajects fr�na the developnaE�nt anci c�esign tc:ams. 7. Keferences: l'or c:ach firni, submit a r�trrtii�iinn c�f three (3} refereilces from priblic a�;f�nries, }�rivdtc: con�panies, or incii� ic�uals tivith �tific�m res�andent has hac� rel�tiant expt�rir�nce. Inrlude cc�ntac# nam�s, addresscs �tnd keleplione numbt:rs. Sul�missions ti� tl�is IZFQ shall L�a in the ordr�r s�>k�r.ifie� above, Quz�lificatic�rtis ntust t>c� sul�mittec� b�• nc> 1ati�x than 3:00 p.m. PL7T on Jun+� 6, 20'11 It is the sc>le res�>onsibi7iky sol�ly of t}ie rE:spc�ndent tc� see that its qualifirations arc: rec�iw•ed by tt�i dat�� and time str�tc:d iii ttlis T�I'Q. R�spondents are askec! ts� st�brni.t twelve (12} copies. No oral s��bmittals rvill l�e ca»sidk>red_ '�lateriats in respc�nse to ttYe RF� �t�ay �ot be subrxiitted via facsimilt or c:- rnail. I�•laterials mu.st t� rc�:eived by the ciate and time s}�cifiecl i:n this RFQ _�___....__ _____.. � �f .,..r :,3.«; ,.,.. �; ti:' , .t.r��t1 diac� �3 ; RFQ: Federal Way City Center Mixed-Use Development Submit all materials to: Name: Patrick Doherty Tifle: Community and Economic Development Director Agency: City of Federal Way, Washington Address: 33325 8� Av South, Federal Way, WA 98003 Contact Inquiries regarding all aspects of this RFQ should be directed to: Patrick Doherty, Community and Economic Development Director City of Federal Way, Washington 33325 8w Av South Federal Way, Washington 98003 Phone: 253.835.2612 Fax: 253.835.2409 Email: �atrick dohe t�cityoffederalway.com Pre-Submittal Meeting A pre-submittal meefiing may be called by the City, depending on the numbers of inquiries and/or requests for information prior to the RFQ submittal deadline. If called, a11 parties kc►own to i�ave inquired about the RFQ wi11 be invibed, and a notice will be placed on the City�s website• Questions Questions regarding the Project or this RFQ process must be directed in writing (e-mail, fax, or mail) to the above con tact. The City will respond to all questions in writing. A11 substantive questions and conesponding answers wilI be posted on the Cit�s website at cityoffederalway.com/bids at the "City Center Redevelopment RFQ" link The deadline for submitting questions to the City shall be May 25, Z011 at 5:00 p.m•. PDT• � City Center Mixed-Use Development page 14 RFQ: Federai Way City Center Mixed-Use Development Tentative Schedule The selection process to be carried out as part of this Request for Qualifications (RFQ), includes the following steps: Publication in Federal Way Mirror, Daily Journal of Commerce, Puget Sound Business Journal, and Wall Street journal, as well as distribution of RFQ to developers: April 2�5-29, 2011 Last day to submit questions to the City in writing: N�a �, Zo� �. 5 �00 p•�• P�`'� RFQ response Deadline: Jun� 6, 2011, 3:00 p.m. PDT Review period: Jurw 7-21, 2011 Notification to highest-ranked teams . June 2Z, 2011 RFP Issued Late June 2011 RFP responses due Mid-August 2011 Review and Selection Septeinber-Octobor 2011 � City Center Mixed-Use Development page 15 RFQ: Federal Way City Center Mixed-Use Development Appendices The following exhibits aze appendices to this RFQ, containing background information describing the Project and reIevant documentation. They are available as a PDF via the cit�s website at city offederalway.com/bids at the "City Center Redevelopment RFQ" link. Exhibit 1 F.xhibit 2 Exhibit 3 Eachibit 4 Exhibit 5 Fxhibit 6 Exhibit 7 Map of Federal Way City Center Map of Site Site Aerial Preview of RFP Requirements Criteria for Public-Private Partnerships Park/Public Open Space Design Guidelines Formal Legal Notice/Advertisement Title Report - Available upon request � City Center Mixed-Use Development page 16 � �� � ,; � —� . 4]i�TNET.� 437�FE8T � ¢Et2TN6t . �SSlTHSi � . , .�.e �.� < , � ti42F85T� . �..; ,: _ . � ,-! �., 7 .... �..: f[33�HM e + � ° � z � ,,, .ss - . � � � • �� � �ars = �.' �� y� ,;�,w, �.'! * �' ""' � �� � s a�., .� , ._ . . r . � � : ; �,A ,.w� _ �a�e � � .,, � _ ; y 4„:�. � - �"' - y '�. : M,' _. � g �. :. ....:: ...... �� � ��, � � ._ s - �. � � . ... 2 ... . . , � . . � � , � �.�#6 ° � ' �± ' '",�; PaWll#ions '� � � � , �..- : . 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' erwv` "� . � S 3Y0T#i ST� S 32CTN ST � S 1247H 5T � S 320TH 8T � , �; t . t " �„o. ��, ,� n „� �'�" � 4�^m�� Kev+I� WMM .. #�yNxL'�Y f�:b4x� 16y � YeNYen .(Rk_ ., � ..§ hRtl� *°° i ' " . , m . .r'a:rR 9'�L�4 � .WM� Mnl �W` �...s 9Wr< Qrfb` �i f � � Iw.Ja+E Z" _� a+ dwk. ��`_ end `S? . �,� �.' .. ; . * , � �` �* lYaTOway �raWir . .. � .. . „ � � � ',:: �"' � ruaqk �n . C�tebratton � � y � �; � , C.entar ` " �°raa"'� � °,�'�� „ ,�w...� > p�y, iau� �[ . � . ' Fe.rw. . , d � l�r' . . ` „ � . ,' - ' ._ ' ' ' r� .' . ' � �,� M i , ' ; ' �, � .. . �' _ � .. . . . ' � �� �' �; .�• �+raw. . . _. � : - . .. '�. : �'' . ' .:� �{�t ..� . . �. . � z . t��f . ' 1bm� ` : . . � �ff' " , � . _, 'j�f� �� .. . . , _: , � .... �Yf.rU � � . OIiMh : •' . � {R• � . � �CSt9lNl4Nt . � .�,-. � , ��x n ��"'� . . ThcCommatsMtFeder��tNiy ,, nn�a�. . � , . .. .,, .:.. - . ' . . .. � . �..�� Aa�are+�r&�°"%�. .., � �.' +�, '�� . ,. . � � .� sstatwst � sum�sr ... � . t�si � - .� � �. . . y�. . Y � .���+ ar �� ;�'�'� <,w" "«°�;� E: , � ia';'. 5. , � ,� AM� Theater Site & �egend ' scaie: City Center Care y 0 250 500 Fest Federal Way's C ity Center � ity Center Frame t_ � I car og , Federal Way This map is accompaniec4 by na warranties. � �x C� � _* � � � a � � � � "�r � � � �/�` �V "1{ �� �;� �4 � � � � ��; g _ �: ; *<: l� �� s � �,,.;€ �; b",Y ,� RFQ: Federal Way City Center Mixed-Use Development Exhibit 2: Map of Site (NOTE: Former cinema building now demolished) ; ., 2ot a _ � _ ; Mo+�o"�'� ,aa9r t 1 �1 � � � � 1 1 � � �� �� i � �� � r , � ',�� � �� � ,� �. „ „ „ ,. „ ,� �� .� �� �� �� ,� t. �� „ „; ,. ;; � � S. _ ; � � � , �t e� aorae � � �w � � y .. 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M �� _� ��:E ' �� � ��' � ��� ��: �' > �+°�s.a �,.E : � '� ' � � � ��#+dit 1 ° �'�I� Y ff � 5 ; � ��. � �� � r � ' M '�M � � .. � . .. .A,o� . �ti � � �,e � � �. � .� �,, - . . a 3... . � ��. � €� � � a � t'�� � , � � . g 'x` r,,,. � �e� � � � ' � 25t� k } s � N ? � : � �J'�, a �� �� `a � � �3' � � � ^� k h t n 'S -,.. � .` � e ��,v. , ,� p ,• � � � ro� , �� � z � a ` -� �" ` �� a ,� ��` � , � . w � ��� ,�� 1�� �� �� � $ ?P �, g : :�� ;,' � s �'.���' i" �'� �► a :��a#` ; m.�=.`3? � � �: ,-<� ' � 'tiw€ �' .�� � _ y e s � �?��*':� _ �t fTa „�'� - �' e-,�._ _ . .,� .e .. �� � : �. ° � ti'� �y . �. , 'Y r w�... , o-� ; ..�,. . .. S`, �� :�.,.. i o , -.,� P�r t�_ ��-='-m�°"� �'��t"`� �� � ,- � :����``� ¢ Yt s i {i � � � ��� ��•� . v "x:, 6i f : � ° ,�; � � �' 2•1s1dAv��S� �, � � � a � ��^ �'� � � �����.'� � � - , . N�� � ''' ,.� x ��" � a �� . � ; 1 ' — � .. ��; c , , ,�. 'r° . ��v .� F 3 "° l ��� ��° a r _ �� � � Q�, � .{�, ;e� (�.. E ` � �_� � � � � ����' MG. : �yW�>`c�ai s � � ,. � �.� rt �.;� "� �t���•. � ��'r'�" td� � � � � . ` .: � . � � , _ � �` � � ° � .,, �„ .�> +� ��.� �a"� �w�,� y ,� 2Qih�ve .� v°° a.` ` ° � �"` '� � � � . nzr: °'� .� 9 �7i .? ��e' � � v� .t :��. s � � � �'� -a �� � � . �x➢ ��, _ ; e. � w i ���; ��� \ ��� t a� �:� 3:: � ��� a �.3� ` s r � ., ��. ���� � �� ti . +� ,�", + , � � ��..� RFQ: Federal Way City Center Mixed-Use Development Exhibit 4: Preview of RFP Requirements The following is a brief synopsis of the key substantive components expected to figure in the subsequent RFP. The description of the process and statement of componenb are subject to further terms and conditions. Wit�in fifteen (25) days of selection as an RFP finalist, the developer or development team must submit to the City a written statement of infient to submit a complete RFP response, pursuant to the following requirements: Within forty-five (45) days (or whatever other timeline ezpressly set out by the City of Federal Way) of selection as an RFP finalist, the developer or development team will be required to submir ■ Detailed financial and development cost information relating to the proposed development concept, including preliminary pro forma financial analysis; ■ Preliminary development timelixie, including any expected development phasing; • Proposed public participation in the project, if any, or other significant "deal points." ■ A project site plan, exterior elevations, dimension of site and building (s) and dimensions of property Liens, and project sections; ■ Discussion of proposed program for major building material, fiinishes and colors; ■ A landscaping plan and designation of public and semi-public areas; and ■ Vehicular and pedestrian circulation patberns, including parking layouts• Proposals from invited respondents will be reviewed by City Cow�cil, with City staff assistance• It is anticipated that respondents will make a public presentation of their proposals and be available for in-person interviews. The selected developer or development team will negotiate with the City to reach mutually agreeable terms for acquisition and development of the Site. It is envisioned that these berms wi11 first be outlined in a Memorandum of Understanding (MOU) and then finalized in a Purchase and Sale Agreement with Development Covenants (Agreement). After final selection, t�►e selected developer or development organization will be required to provide detailed financial statements and agree to a criminal background check. Control of sensitive financial documents will be reviewed by an ir►dependent agent (i.e., CPA) under attorney client privilege and will not be made public. Further, the selecbed developer must agree to an "open book" process in which the City can review on-going financials and assure that there is no inappropriate windfall profit arising from public property. � City Center Mixed-Use Development page 20 RFQ: Federal Way City Center Mixed-Use Development Exhibit 5: City Councii-Adopted Criteria for Public-Private Partnerships in City Center Preference for public participation will be given to projects that rate highly with regard to the following guidelines and/or objectives: � The proposed development is comprised of (or contains) a mix of uses in a variety of building sizes and heights, and/or offers a"village" or "lifestyle center" sibe and building design, with such elements as street-oriented storefronts, outdoor eating and dining, and outdoor public amenities, such as ariwork, fountains, plazas and seating. Projects with the greatest mix of uses (retail/service, residential, lodging and office) will be given priority. Phasing may be allowed to accomplish the full mix of uses contemplated in a development concept. • The proposed development is transit-oriented in design and concept, where feasible, especially when in proximity to the Transit Center; ■ The proposed development is of superior site and building design, including use of high- quality materials. Parking facilities (both surface lots and structures) are aesthetically pleasing and integrated into the design of the overall project. Parking structures include street-level uses and/or are preferably be wrapped by other uses, where possible, to reduce their apparent bulk and mass. ■ The proposed development is located within the City Center and is of sufficient scale and scope to have a substantial impact on the image and desirability of the City Center and suggests a high probability of inducing additional, spin-off development; ■ The proponent can provide a solid track record with similar private development (previous experience in public-private partnerships desirable); � • The project is projected to provide additional jobs at a variety of levels. Projects with family- wage and higher-paying jobs will rate more highly against this guideline. � The proponent provides an economic impact analysis_ A detailed analysis and estimate of the project's direct economic impact in increased property, utility, and sales taxes, as well as an analysis and estimate of indirect economic impacts by multiplier effects throughout the local economy; � When selecbed for partnership consideration, the proponent provides a financial "gap' analysis, including development costs, projected revenue, disclosure of developef s desired capitalization rate, internal rate of return (based on other portfolio projects), etc., in order to determine the necessary level of public participadon. City Center Mixed-Use Development page 21 � ��"��s: �°�t,��%.�� r� 9 �.�;�'� ����%��a ��a��x.�.i-���h�'a:`' ��°����'���'��'S�� �r:i(�?:t '.. ParklPubiic Open Space Desi�n Guidelines E1: P�rk Desi�n: C'rc�.rrte cz tr.�sa�r� :sc7tscxre purk Ihirt inc°ludes r��a��ya s��ac�c�:�. hcrr�l ,stdrf'r�cE�s crnif �,'reeyr ,sp�zc�c�, crrxr��roti�icles a ci�•ic� c�rac� ctaltur�r( �zsset ���th tht� ne�i�,�hl���rht7t�c�� rxncl the Fer�et•ctl N�tzv {:"ity� <.`E�nt��r. Pro�rarri: Create an urban p�irk intencieri for �cr�e;r��l open s�ace ��ses includi�lt� Fi•i�bee thrc�i�in�v. �tc��x «rxllting- peirplc ti��titcl�in�. mtetin� neichbors, st��olling, kid� ��1a1°i�it�, berjche:s t�:�r sittin�, c;:ite sittit��; are��s, observ,�tion �>f�� avater i��ature aa��ci small eoncert�s and other eivic ���tavities. I'ruvicle a c��itural �lt3i� Gil'3C L'�TIUt'. ;iL1Cl1 as ti�� out�ii�c>r pert:c�r���<�r�ce st�����: th��t ,3.11<:�wvs c��j��t�� ft�r �����lic. a>�enahl�. ct�ncert� �r��ti c�il�er 5ta�e perft�t•���ataces. Ir�cltiizie ��uhlic ari and;'t�r L�rtistic i�'��tint�:rat5. In ���ditii�t� ti� 1�<�riisi:���� areas. liindscapin� areas at�aL include p1��i�titl� bec��, � a►Zd �t�c>��n�3�c� �arth feature:s, natural rc�ck #'t�rm�ticjns, ti�ater ftat�u trellised arbors, #eatuz�e l�irie�scape are.�s inclucling c�i�rc�ti��ht-tolira�►t plani�in�, c�pen la���a area fc�r �a5sive z•ecre��tic�n and a variety c�f`clr�i��l�t- tc�ler�nt ti��:e species atid sizes thr�u�hout. "I'lle ���lrk should aisc� enhance anc� s<�ti�:z� thL adj<icerat bLriidings, entrances at7d retail usts. In tt�rn< thc�se u,er� c� ill f�c:ip kee}� tlZe park ��i:t.itie �xnd sai'e �vii4� "et�e; c�n �° F_... � .... - - � '';�. y � �ffii$. ��. §qs h �' $ A...' Y k .� � � $ E_-+'S Li�'�f'6i�4k�.IRBisYR$ f� �,. §:.�.�����a H��.�� . ��°a �£� � ��€;•. .,w "�„���. �. tl�e p��rk�� t:cc:rm c:>utc:ic�c�r cate tak,les. th�; rGt4ii1 stc�r�;fi�urats ��nd frc�m terraces anc� liviri� u��its above. • in c�c•cier tc� achieve its desired objeciive of a public p�•k, public access to t.he �ark niust b�^ rri�zximi�c�tj. r'\ccess �c?ints nlust be as numerous as possible, large, inviting, easily traversc,ci from the ptib(ic ri�ht-�f-way, and �vell si�neti .. . I ' , t.'�S �.F`� a .c .... € .aiS�:� ..i t�Ct�l. �.� RFQ: Federal Way City Center Mixed-Use Development Exhibit 7: formai Legai Notice/Advertisement � City Center Mixed-Use Development page 24 .���, b', �. � � Z RESPONSE TO k RE Q,UEST FOR CZ,,,UALI F ICATIDNS ) € C I T Y C E N T E R � MIXE D DEVELOI'ME NT C I TY � F � E D E RA L WAY W A S H I N G T O N A I�. � A l� �JJ , I�r �. H I S H A M A S H K O U R i .t� R C H I T E C T S 1�$S WASt11NGTOM S'1'REB"f, WkST �EWTON MA 024GS ' T 617.332,1200 F b17.969.3362 www.nKCn�a[�.c:onn J�rne 'l, 2(�1'I � Patrick D�herty, I7irector Com.meuiity and Economic Developmen# Department City of Federal Way, Washington 33325 8`" Av Sautl� Federal Way, WA 98003 Re: Response to Reqaest for Qualifcatinns, City Center Mixed-Use Development Dear Mr. Doheriy and Membsrs of the Selection`Committee: It iS our pleasure to suhmit the enclosed response for the RFQ reyuested by the City o� Federaf Way. As an architsctural firm established in 1986, our work has evolved into a cambined design/development practice. Our experience encompasses projects in the United States and in foreii;n cauntries, m�st recently including I�ussia, Cl�ina/Hong Kong, North Africa, Iraq and Afghanistan. We are currently warking on a new city development, a$15 billian, 763 hectare project, in northern Kazan Tafarstan, Russian Federation for the new Noorland City Project. The development includes six economic magnets namely the Cancer Treatment and Research Medical Center, Hote}-0ffice and Transport Cezrter, Film Making Center, Civic Center, Banking and Insurance Center, and Health and Fitness Center. Noorland also includes over 30,000 residentiai units. The project is active anc! funding is being made though Vnesheconombank (VEB) for $1.26 billion in infrastructure, including all utilities, roads and bridges, and private funding though [JS banks for phase 1 of flie project, which is estimated to be at $5 billion. In the iJS, we compl.eted our first internally funded, designed and built Green Complex of four high-end Town Houses at a val.ue of $7.2 -$8.0 million and through which we have now embarked on two new develapments in the City of Newton, MA for two private LEED projects at abaut $30 million each. The first development is a Sports Medicine Office building combined with a 4star 86 room hotel with 388 foot frontage on V4'ashington Street, Newton and a mixed used residential (31 high-end units) wiih retail strip and children's theater on Beacon Street, Newton. In public projects similar to the Federal Way propased project, 10 yeazs ago, our team submitted a complete praposal for the design and combined privatelpublic financed development to inelude the restoration of Framingham Memorial Building (Town Hall) with new munacipal office expansion combined with 62 housing units, new retail space and underground parking facility. The current estimate of this project is at $96.8 million. This was an sffbrt to restore the Memorial Building to current building code and fire safety stanclards. Recentiy, ��e met with city architect, Mr. Doaglas Goddard, AiA and proposed to bring this project back to life to revitalize Downtown .Framingham and bring oppartunities to a depressed area. The meeting was successful and we are planning to meet with Con�'essman Ed Markey of Massachusetts to commsnce a drive to bring in Public funding including federal dollars with private financing in a combined bid of public-private parmership. Our approach is to bring together a team of well experienced firms, whom we have worked with before and are currently working with on the City of Noorland, which is specialized in architecture and engineering as well as investment and law. The team will include ARCADD, Inc./Hisham Ashkouri Architects of Newton, MA in Urban Design and Architecture, Steffian Bradley Architects of Boston, MA, Salans, UK and New York for development Iaw and investtnent support, Vanessa Hangen and Brustlin, Inc. for civil engineering, LeMessurier for struciurai engineering, and WSP Flack + Kurtz for mechanical, electrical, fire protection and plumbing engineering. V�e have included ihe resunnes of the principals of these firms we will be working with. We have also included a letter of interest at this juncture from our investors for this project. Please let us know if you have any questions. Kindest regards! Dr. Hisham N. shkauri, .AIA, LEED AP BD+C President, ARCADD, Ine./Hisham Ashkouri Arehitects i' i 3 3 i TABLE OF CONTENTS: • Statement of Understanding � Project Concept ■ Team Information ■ Resumes � R�levant Experience ■ Project Examples ■ References STATEMENT OT UNDERSTANDING: Significance of Site and Project Based Qn the materials obtained from the City of Federal Way, the site and the project represent the initial key praject in revitalizing the downtown area of the Ci#y of Federal Way. rortunately there are also other city blocks that are ready for new projects with new life or aew blood both fram the poin.t of architectural and community significance and from vital investment. It is therefore very impoxtant ta start this project ti�vith a successful design and construction project that will attract new business into downtown Federal Way that will also become the Landmark in tha efforts to revitalize the City economic, �ousing and commercial base. Our team has submitted in the following section on PRO7ECT CONCEPT an extensive statement whereby we thoroughly carry the idea of the project from its inception based on the concept of the Crystal Palace of London into a modern design reflecting today's technology. We also introduced the idea of a conferencing centEr with rotating business exhibits and wi#h teleconferencing and interactive glass electronic technology to become not only a valuable source of income, but aiso a center of commerce in its own right. This is stilt in cornbination with housing, commercial and service spaces. Willingness to Negotiate Private—Pnblic Partnership and Responsibility Issues There are advantages in developing a successful working relationship between the City of Federal Way and the Private Investors. We have so far commenced the discussions with two private investment groups regarding this project. We are looking at Industrial Revenue Bonds (IRB) that rnight have lower debt interest on this pmject aud that will heip propel the financing of the land parcel deveiopment and make it more attrxctive to us as the development team and the City of Federal Way. In addition we understand that the tax issues �.re mare relaxed and Lhat there is a period of 12 years associated with ta�c benefits on this project. This can be an excellent point of attraction to our team and o�u investment groups. On the other hand there typically problerns associated with public project where there will be definite need for clear assignments of responsibilities. We envision a Proiect Committee that witl be independent in making decisions, e mnowered b y a�ublic vote or be avnointment � the MaYor's Office that will ooerate in a trans�arent wav and that it will take on the res�onsibility of workin� with our team and our investors to facilitate paper work needed for xhe rp oject, to issue Munici�al Debt Bonds throu�h the City Council and the May�or's Ot�'ice, that it will hel�ex�edite �roiect approvals, and hal� monitor project tiro�ress. We consider the Committee's operatiQns very serious and it can make or break the project. V4'e believe such Project Committee should be nominated from among the citizens of Federal Wav but with direct and recent exnerience in design and construction proiects of this ma n� itude• The lack of design and construetion management experkise on the Project Committee will spell problems down the line and will impact the output of our joint efforts for the project. The Public-Private Partnership is a marriage of sorts between the City of Federal Way and the Private Grouplour team. The success of this project will be in the da.y to day interaction and support between the parties and the people on the ground working on the design or in the city hall or at the site. It is a project that will bring national and international recognition to Federa( Way and our design development team. One last issue, while our team has asked dicectly in one of our questions, is the issue of land lease. We consider this issue to be a major econamic component causing the success of this project. It is hoped that such a lease be written so that it can suppart the intended investments and projected profits for both the City of Federal Way and our private investors. t �' PROJECT CONCEPT: "A Place to Live, to Work, to Shop, and to Play" Concept Every City has places designed for people to live work, shop and play. These are care principles that were used in many successful cities. 'I'he Crystal Palace 1$54-1936, long been demolished due to a fire, was built precisely for such business gatherings and cammunity interaction using innovative socio-economic ideas at the time to conduct business in Landon. It is the cnncept our design and development project is based where tha entire floors of the complex are n�ade in#o a modern "Crystal Palace" with high densi#y residential, commercial, service, retail, recreationa(, and open space. It is a ptace #o iive, to work and to enjoy. A,round the end of the 19 Century and the beginning of the 20�' Century a beautiful grand space was created in the City of London, the Chrystal Palace for peuple to gather allowing them to have the opportunity to display merchandise, to show talents, to conduct commercial and business activities, and to have spontaneous interactions in an internal Today the City of London has renewed some of charm and vigor in rebuilding some of its abandoned urban manufacturing spaces into public modern exhibits such as the Tate Modern which was an industrial building and now is the gallery of modern art for the City of London. It is part of the Tate Gallery in conjunction with Tate Britain, Tate Liverpool and Tate St Ives, where the latter two are outside London. These efforts over the years have brought vital rebirth within the City of London centrat areas where people congregate and spend time not for work or for staying at home, but for bringing out and experiencing the very spirit of creative mindset, colors, as well as the feeling of pride and self dignity. These expressions were not dedicated to the business community, but the public as well. Another successfui planning effort which was created in 1964, over fifly years ago was the design and planning of the City of Reston VA. Today City of Reston is one of the most vital successful stories and planned development. The Success of Reston, VA remains in its ideas that people deserve to live, to work and to play in their local environment with public parks and open spaces intermingling with the City Center and surrounding neighborhoods. We believe that the Spirit of Renaissance called for in the Vision Statement of the RFP of Federal Way, WA is calling for a development that will encourage strategic public and private partnerships and investments. This environment will contain high density mix of land uses in multiple forms of access: This environment should have a unique sense of place. The sense of place will be brought together and would be made into a grand statement with the Federal Way Crystal Palace. Design Concept of the Federal Way Crystal Palace The design af the Federal Way Coirzplex and its Crystal Palace requires at this moment a bold statement modern in style that wifl "capture attention" and bring the eye to the City of Federal Way. The design while we believe will undergo rnodifications and re�nements; it will remain as a New Crystal Palace made of glass and steel with more housing and residential character built int� it ref4�eting the functional requirements of the project. a The surrounding city center blocks need not to be modern in architectural style leaving a comfortable eye contrast that will transition the project into an urban design character as expressed in our rendering. The design will also undergo further refinements using engineering tools and structural systems that will be more conservative and that will give the beauty of a mociern design, yet truly imbedded in sound engineering principals. The city center will be linked through common indoor glass structures and outdoor open spaces that wi111ink the buildings on the site with pedestrian paths extending from S 312 Street to S 324 Street north-souEh and city blocks west of Pacific Highway in the west to Interstate 5 in the east. It is the intent of the future of this planned development effort to have the entire Federal Way City Center becomes a vibrant place where people could work, live and recreate. The City af Federal Way Functional Concept In adopting a modern representatian of Crystal Palace as the common denomir�ator of this project tying all buildings into one major grand l 6 to 18 story series of structures, the project would address the fotlo�ving: 1- 2- 3- 4- 5- The Project will be designed to host trade shows, rotating and permanent exhibits. It is a space far business and public gatherings and for family and individual recreation. The Praject will have interactive glass-based electronic technolagy where the individuals, parents and children will interac;t with information displays with internai access and messagin� capabilities. Our team obtained a flash drive provided by Coring m for this submission where the buildings and their furnishings have the technology provided built in modular electronxc glass. This technology can be envisioned for rotating and permanent exhibits, movies, retail advertisements, internet access, display of latest news, live interaotian with telephone media using Bluetooth � technology and the poten.tial use of this technolagy for child education. and learning. The Project would include in its prograrnming a conference center facility with live teleconferencing capabilities for conducting business around the world and for marketing of US firms and their products and for business activities. The Project would include retail areas, retail stands such as individual carts exhibiting handmade products by l�al artists and entrepreneurs. The Project will also include recreational facilities for children and adults such as movie theaters, child indoor play areas, carousel for children and their parents, children's theater and story area, adult reading such as bookstores with coffee shops, etc. 6- �The Project will inelude restaurants and food areas for specialized and international food as well as food for families and children. 7- The Project will include LEED Technologies for onsite energy generation. City Image To have a unique eity identity, with economic focus through trade and business, and where the city will generate its own employments through retail, offices, servi�es, and housing and where transit within and outside the City of Federal Way is reinforced, the project will require strong centra} focus. This cornplex with its newly established Federal Way Chrystal Palace is'to be designed to attract the attention of those travel'ang on Interstate 5 ftom Seattle and Tacoma Washington. It is also important to have a recognizable LANDMARK from Puget Sound that will be seen by those who are traveling by boats and water passenger shuttles. The Downtown of Federal Way should work in synchronization with the surrounding environment. Kevin Lynch one of our professors at MIT in the early 1970's defined the city through �ve elements in his book Image af the City, published in 1960, naming the city Paths in an experiential fashion, its Edges, its Districts, its Nodes and its Landmarks. The new City of Federal Way Development, while it is a new prominent structure, should function as the HUB where all paths join in its new plan with its new gand spaces, new business and retail opportuniries and public gatherings and recreational environment. This new development should receive incoming visitors and businessmen and businesswamen from around the world and su�xounding cities and towns. We envision the new development to be an integrated architecturaI and physical statement tinkad with the Transit Center to the East and the Civic Center ta the North. Interstate Route 5 is the North-South Artery linking the State of Washington important cities and towns all the way north to Canada. The CiTy of Federal Way is less dense in its makeup. It possesses modern hunnan qualities that are atixactive to people who are seeking a less hectic city environment. It is intended that the City of Federal Way be a frequented stops along Interstate Route 5 for staying overnight, eating and relaxation. It is almost at midpoint between the Cities of Seattle and Tac�ma Washington. Zoning The basic area of the city block allocated for this development is 180,000 sf. This parcel of land has to accommodate several uses in a successful critical mass of buildings that would be balanced with appropriate size landmark and will have sufficient and generous open public space integrated with the glass internal spaces w.ith tree, shrub and outside landscaping. The Floor Area Ratio to be accamplished in this highly danse development should fail between 3 to 4 times the total land area where the tatal physical construction should be 540,�00 sf to '720,000. Our design and development team was able to establish a mix at about 653,000 sf of total construction, not including basement parking, to create an economically viable project. 3 The design shauld not only have the proper image and environmental context, but should be financially viable with attractive inc�me and profit levels leadin� to financial grosperiTy for both the Cit� ofFederal Way ;and the private investors. Upon further analysis of this project and based on the RFP outline, it was stated that the development would have a mix of owned and leased residential units, retail, office, services, recreational and pubiic spaces both indoor and outdoor. Catalyst It is expected that the developmenf set forth in this first ciiy block in Federal Way will become the catalyst for additional developments to be further e�couraged in the City Center area through public and private investments with 12 year tax incentives and flexibility in zoning guideiines. The investments spent on the first development will motivate other private groups around the site to take on developments of their own such as the former Target Store whose owner, Park Target Investrnents, LLC. has expressed interest in developing his parce[, a 326,050 sf site, alone or in association with the proposed Civic Center development. The Civic Center, a 172,040 sf site, immediately to the north of the site is the future tocation of Perforrning Arts/Civic Center. The RFP this site will have sufficient space for firture private development which might include hotel, retaat, restaurants and housing. While we understand the desire of the City of Federal Way to have hotels, retail, restaurants and housing, we believe the Civic Center should have a mare Public Park afrnosphere with surrounding public spaces to include restaurants, retail, and with PATH's linking the new Crystal Palace to the .Civic Center and other blocks within Federal Way with pedestrian malls with public garden spaces. We envision the Civic Center to be more artisticalIy developed and to be unique in design, unique to Federal Way. We can be inspired by workof other architects such as the Guggenheim Museum in New York City, the Gu�enheirn Museum in Bilbao Spain and the Lincoln Center in New York City. Ttie Transi# Center West to the east of the site includes a 20,669 sf vacant parcel. In this block we suggest building that the City of Federal Way builds a new Hotel and overnight facilities for passengers as well as a place for parking, public transit, car rentals and passenger convenience shopping and retail. LEED Based Complex The project will be LEED complying and will include a whole understanding of sustainable sites, water efficiency, energy and atmosphere materials and resources, indoor environmental quality, innovative design process, and regional priority credits. T'he design intends on developing on site energy generation frorn underground, wind and solar resources and the use of green power. lt also will allow for energy efficient parking and access to bicycla racks and public transportation. The project will aim for water use reductions by installing water effiicient fixtures, and reduced wastewater technolo�;ies. The design will also use recycled materials and will process a11 its discarded refuse through highly sorted material management system ta avoid waste and use of materials that can be reclaimed. The development team will engage a commissioning agent and will certify all the worlc and systems installed to be truly in compliance with LEED certification. Building Structural Concept The structural design of this complex rises out of space programming called for in this proposal. What is intended is to devetop a structural module that is based on a multiplier of 6' wide bays for office modules, 9' wide bays for parkin�, and 3'and 4' wide spaces for doors and windows. The 6' wide bay can aiso be applicable for residential units. The design of the typical tower will be based on 52' X 52' modules where th� net space is a module of 2,500 sf of goss area plus structural area. There will be five towers in the middle that will combine residential with office space and will have a free flowing form with horizontal floor plates. The towers will have view of the surrounding areas of the City of Federal Way including the view to Puget Sound. The hreakdown of the areas in the five tovvers is explained below in table of space distribution. The intermediate towers which represent twelve surrounding modular buildings in�tota.l will aiso include residential areas'as well as offices, with retail, and services. The site wi(1 have two stories of underground parking under the entire city block with a total parking capacity of 1,200 cars. � COIiCEPT MAP .............. � yi w � � > d ���' Stqavea�@ -� � f1,350 st wx�r M t> 8 5roxtes 8 ������ 17,000 &r NfiT - ;i I STDRif.R � '� SS�'LSO 6Y M�Y..T� � � I � �__— V' JU" IUV' LVU � .�. 1 � • The Cry.stal Palace �vill be made of free flowing canopy bridging over four stories of open flaors with glass wa.11s riedieated for the display of exhibiis, for business, canferencing, camrnunity activities, floral clisplays, tele;cor�ferencing capabilities, recreatio�ial spaces and movie theaters. The Crystal Palace will include main IUbbies of resider�kial, office, retail and service floors above. The design of the G.rystat Pa(�ce canopies wilI be made of cot�rful. glass and �vill have the design of a sea.shell a s�trong reminder of Puget Sound and the Pacific Ocean. The Crystal Palace: will be ent.irely enolased with glass walis. y CRYSTAL PALACE { � � � 4 ` �._.�.____ s ai6z� sTasET � � �� 0' 50' 1il0' 104' � w P Z D c I � PI � u 0 G � Y 3 916TH gTRBET Development The design make up can vary and as a team we have taken the following approach in defining the volume and value of the projeci: The building will be made of: Residential Units both leased and owned 510 Units@ $00 sf average 408,000 sf Office, Retail Services 120,000 sf Recreation, Movie Theaters, Restaurants, Children's Play, Spontaneous Performances, Family Amusement, etc. 50,000 sf Crvstat Palace� Business Gatherings� Rotatin�Displays etc. 75,004 sf Total Area for Construction of All Buildings 653,000 sf Volume Analysis Building Area 653,000 sfl Site Area 180,U00 sf {Floor Area Ratio) FAR= 3.62'7 Allowed Height is 200 ft or around 16 stories +/- To keep in the spirit of downtown development with high density construction and to allow for substantial amount of open space on the site, the development has to take a"middle of the road" approach. The density on the site has to be neither to voluminous overwhelming the city, nor would small development be sufficient that it would create its proper economic standing in this project. It was determined that the FAR= 3.627 is rather correct for this city density and for the surrounding enviranment. Foot Print Calculations High Rise Mid-Rise Low Rise 16 Stories 8 Stories 4 Stories Residential Units 225 Units 170 Units 85 Units 408,000 sf i 80,00� sf 136,000 sf b8,000 sf O.ffices, Retail, Services 80,004 sf 40,000 sf Recreation 50,000 sf Crvstal Palace ?S,OOQ sf Foot Print Distribution 180,000 sf/16= 216,000 sf/8= 233,000/4 11,250 sf 27,000 sf 58,250 sf Totat Foot Print: 96,500 sf or 54% of total site Tatal Site Open Space: 82,800 sf or 46% of total site Parking ; � For Parking we assumed that each residential unit will have one car, allowing 90 cars to be dedicated to energy efficient cars for carpooling, energy ef�cient vans, and buses to meet LEED certification requirements. The office parking will be based on one caz for each 3fl0 sf of office, retail, services, and recreation. Accordingly the Parking allocations shall be as follow: Residential (1 car per unit} 510 spaces Common Use Parking Spaces as described above 90 spaces Office, Retail, Services (300 sf/caz space) 400 spaces Recreation (300 sflcar space) 1 b6 spaces Crvstal Palace 187 spaces Total Parking Space 1,353 spaces The parking distribution will be 1,200 spaces in an underground paricing garage and 153 spaces to be distributed at the site at ground level. Handicap parking shall be at S%. We also assume that we the Transit Center will handle more tr�c in visitors and employees or residents instead of adding more parking capacity at the site and causing congestion. Proje�t Costs and Incorae To sumrnarize aur findings the foilowing basic figures were concluded from an initial cost analysis of the project: Project Total Early Fstimated Cost: Project Sates of Residential Units Remaining Value of investment to be financed Total Income Including Operations of Conference Center $271,832,5�3.00 $137,700,OUO.OU $134,132,573.00 $38,531,540.00 Total Ex�,,,ensefi not including Land Lease $25,58$,b95.00 Net Annual Profit: This draft was prepared by: Dr. Hisham N. Ashkouri, AIA, LEED AP BD+C ARCADD, Inc./Hisham Ashkouri Architects $12,942,845.00 TEAM INFORMATION: Steffian Bradley Architects ArchitecturaL Support Contact Information: 100 Summer Street Boston, MA 02110 T:617-305-7100 F:617-305-?199 www.steffian.com Contact Person: Peter Steffian, FAIA, Chairman of the Board Organization: Corporation Years in Business: '79 years Salans Devetopment Law and Investment Support Contact Information: Millennium Bridge House 2 Lambeth Hill London EC4V 4AJ United Kingdom T: +44 20 7429 6000 F: +44 20 7429 6001 www.salans.com Contact Person: Daniel Larkin, Partner Organization: Corporation Years in Business: 33 years Vanasse Hangen Brustlin, Inc. Civil and Site Engineering, Environmental Permitting Contact Information: Contact Person: 101 Walnut Street Mark Junghans, PE Watertown, MA 02471 T:617-924-1770 F: 617-924-228b Organization: Corporation www.vhb.com Years in Business: 32 years LeMessnrier Consultants Structurai Engineering Contact Information: 675 Massachusetts Ave # 4 Cambridge, MA 02139 T: 617-$68-1200 F,617-661-7520 www.lemessurier.com Contact Person: Mysore Ravindra, PE, Chairman of the Boatd/CEO Organization: Corporation Years in Business: 50 years WSP F1ack+Kurtz Mechanical, Electrical, Plumbing and Fire Protection Engineering Contact Information: Contact Person: 512 ?th Avenue John Bredehorst, PE, Executive Vice Pt�esident New York, NY 10018 T:212-532-9600 F< b 17-661-7520 Organization: Corporation www.wsp#k.com Years in Business: 42 years RESUMES: ARCADD, Inc./Hisharn Ashkouri Architects ARCADD, Inc. is a privately owned, multi-disciplinary architectural firm that was established in 1986 by Dr. Hisham N. Ashkouxi, AIA LEED AP BD+C, wha remains the president, owner and primaiy architect of record. ARCADD specializes in Public :Facilities Design including xenovatic�n, rehabilitation, and new cunstruction projects for international, federal, state, a►id municipal agencies. ARCADD's principal staff has 30+ years of design and construction administration experience. ARCADD believes that the design of public buildings should include the input and the approval of the public it is ultimately going to serve. Therefore, ARCADD makes every effort to incorporate the input fro.m municipal sources, staff, and ultimately the end users of 'the public into our designs. This practice, along with a transparency in operation and our avaiiability at rneetings, public farums, etc. go a long way toward building understanding, consensus, and excitecnent about our projects as they move fc�rward. We strive to offer the best possible building environment (financially profitable and socially responsible) to aurrent and future generations of clients and users. We seek excellence in our ideas and make them unique and exciting to those we are working with. Steffian Bradley Architects Steffian Bradley Architects' missian is to design environments tt►at enhance people's lives. Established in Boston in 1932, SBA warks with clients in North America, Europe, and Asia from our offiees in the IJnited States, United Kingdom, Spain, and China. We are experts in architecture, interiors, planning, lighting and urhan design, and work with clients in the healthcare, education, residential, seni�r living, and corporate and commercial markets. With more than 150 professionals worldwide, we plan and design innovative environments thAt serve the needs of our clients, their c�mmunities, and the environrnent. Salans From one office in 1978, Salans has evolved into an international firm with 22 full-service legal offices in ] 7 countries anei with associations or affiliations with law firnns in several additianal jurisdictions. VVe structure our service to meet clients' needs. Our tefuns are tailor-made for each assignment so that only the relevant iawyers are engaged. As a client, your relationship partner will be someone who speaks your language both literally and commErcially. Our working style encourages creative and lateral thinking to achieve the right legal solutian far oizr clien�.s. Vanasse Hangen Brustlin, Inc. Providing multidisciplinary planning, design, engineering, and consulting for s�me af the nation's most camplex infrastructure and devel�pament initiatives, VHB professionais taice projects from concept to completion. Oar planning, tr�ansportation, land development, and enviranmental prof$ssionals create successful and workable results, changing the face of the-built environment. Three business drivers are at the heart of our success: Collaboration, Mainta.ining Glients for Life, and Personal Development. LeMessarier Consultants Since 19fi1, LeMessurier Consultants has done much more than make buildings stand; we hare intimately shared in the creative process that produces signifca.nt architecture. Our enginaers are skilled in design with high strength steels, prestressed concrete and in the design of shells, space frames and other high-technology engineering. iVlore than 90 percent of our work focuses on services to arci�itects and ovvners, perhaps because many of our partners and associates have had prior formal architectural training or are strongly incl'med toward architecture. Each employee is committed ta the engineering profession and to Che task of producing structures that answer our clients' needs, often in an imaginative and bold architectural form. Success in this process of total commitment to each project was recognized by the archixectural profession, when it awarded LeMessurier Consultants its AIA Allied Professions Medal. WSP Flack+ Kurtz WSP Flack + Kurtz is a tnulti-faoeted engineering firm that has completed significant projects with internationally acctaimed architects for the world's largest corporations, developers, and institutions. We are known for imaginative thinking, high client service levels, resourcefui application of new techaology, and innovation. WSP Flack + Kwtz continues to be an international leader in providing complete engineering services in mechanical, electricai, plumbing, �re protection, security, information technology and architectural lighting design. With ot�ices in New '�.'ork, San Francisco, Boston, Seattle, Las Vegas, Houston, and Washington DC, we have a professional staff of aver 400. Our worldwide capability is enhanced by our reiationship with WSP, a major international engineering group. We have been consistently ranked as one of the wnrld's top engineering firms in "World Architecture" since 1994. Iiisham N. Ashkouri, Ph.D President, AR{:'ADD, In c . ......... AREAS OF EXPERTISE Urban Design and Master Planning of Municipal and Government Projects; Urban City Centers; City Halls; Town Halls; Historic Buildings; Colleges and Universities; Schools; Medical buildings; Hospitals; Labs; Museums; DPWs; Post O�ces; Boat and Passenger Termina{s; Federal and State Procurement; Programming; Specifications; Cost Fstimating; Bidding; and Construction Management. PROFESSIONAL EXPERIENCE 1986-present President; ARCADD, Inc., West Newton, MA 1986 Senior Architect; Hoskins, Scott and Taylor, Boston, MA 1984-1986 Chairman; Dept. of Architecture, Wentworth Ins6tute, Boston, MA 1980-1984 Project Manager, The Architects Collaborative, Inc., Cambridge, MA 1976-1980 Private Practice; Hisham N. Ashkouri: Design and Master Planning for the Handicapped 1973-1976 Architect; The Architects Collaborative, Inc., Cambridge, MA - EDUCATION 1980-1983 Doctor of Philosophy in Ergonomics Tufts University, Medford, MA ' 1973-1975 Master of Architecture in Urban Design (Urban Design) Narvard University/MIT; Cambridge, MA 1972-1973 Master of Architecture (Louis L Kahn Class) University of Pennsylvania, Philadelphia, PR 1965-1970 Bachelor of Architecture (Ranked 1" in Gass) University of Baghdac� Iraq PROFESSIONAL REGISTRATIONS Registered architect in VT, ME, NH, MA, RI, CT, NY, NJ, PA, DC, MD, VA, IL, MO, Iraq and Afghanistan, NCARB Certified, MCPPO Certified as a School Project Designer and Owner's Project Manager as administered by the Office of the Inspector General of the Commonweahh of Massachusetts, LEED AP Building Design and Construction. 1� PRIZE AWARDS ', A Playground for All Clrildren, Two Phase N.Y. Design CompeNtion, Queens, NY Killington Skiing Village Complex Design CompetiNon, Killington, VT Abu Dhabi National Library & Cultural Center Intemational Design Competition, Abu Dhabi, UAE College of Agriculture National CompetiUoq Sulaimaniyah, Kurdis[an, Iraq Baghdad City Hall National Competition, Baghdad, Iraq Ministry of Justice National Competition, Baghdad, Iraq Ministry of Oil & Minerals National Competition, Baghdad, lraq PROFESSIONAL EXPER[ENCE SUMMARY Current Projects Cold Spring Green residential development, new construction with "green" design and technology Newton, MA Cold Spring West medical o�ce and associated hotel based on sports therapy and rehabilitation, sustornable "green" design and technology Newton, MA Large-Scale Planning Developinent , Boundary Control Passenger Terminal, Hong Kong — 5henzhen, China Noorland New City Development, Kazan, Tatarstan, Russia Mosc]ue Complex and Square, Tripoli, Libya City of Dreams, East of Tripoli, Libya Regatta Mediterranean Resort, Tripoli, Libya City of Light Development, Kabul, Afghanistan National Museum and Cultural Center, Kabul, Afghanistan Baghdad Renaissance Plan, Baghdad, Iraq Tahrir Square Development, Baghdad, Iraq Sindbad Hotel and Conference Center, Baghdad, Iraq Ajman Municipality Government Complex, Ajman, U.A.E. $outh Portland Waterfront Development, South Portland, ME Master Plan, Tailahassee, FL AR�'ADD, Inc. . 1185 Washington Street West Newton, Massachusetts 02465 . tel: (617) 332-1200 . fax: (61'I} 969-3362 New York Office: Hisham N. Ashkouri @ Suite 2A, 24 Monroe Place Brooklyn Heights, N.Y. 11201 � tel: (718) 422-7644 www.arcadd.com • arcaddincQaol:com Municipal and State Projects Framingham Municipal Campus cYr. Town Hall space planning and corrsolidation Framingham, MA Framingt►am Memoria] Building slair ond entrance renovations, AD.4 arul code compliance Framingham, MA Dracut Town Hall & Police Department study and design for new Town Hatl, renovation, ADA compliance Dracut, MA South Portland City Hall renovation/addition and conrolidation of city o�ces South Portland, ME Taylor Public Library evaluation and design for e.rpansion, LEED evaluallon East Derry, NH Hunt Memorial Building roofreplacement Nashua, NH Nashua Public Library entrance and access renovations Nashua, NH Newton War Memoria[ Auditorium (Historic) renovatron of historic bui(ding Newton, MA South Portland O'Neill Str�t Complex evaluation and space planning South Portiand, ME Rockingham Community Action Center renovation and expansion Seabrook, NH Milton Senior Center and Kindergarten Enrichment Day Session renovation Milton, MA Plymouth Senior Center renovaHon/addition Plymouth, MA Douglas Town Ha11(Historic) renovation into senror cenier/post o,�ce Douglas, MA Newton Cable Access TV Studios corrversion of Hyde Schoo! Newton, MA Central Street Fire Station 6uildingrepairs Wellesley, MA - DCPO State Police Crime Laboratories corrversion of elementary school Sudbury, MA North Attlebomugh Electric Department Operations Center new construction North Attleborough, MA DPS Office/ Gazage Complex new construction Peabody, MA DPW Water and Sewer Division Office/Garage Complex conversion of incinerator Newton, MA Onset Water and Fire District Garage/Maintenance Facility renovations/repairs Onset, MA Federal Deoardnent of Navy Planning and Renovation, Building 22 (Officer's Club, Auditorium and Offices) Portsmouth Naval Shipyard, Portsmouth, NH Space Planning and Renovation, Building 93 (Public Works Dept.) Portsmouth Naval Shipyard, Portsmouth, NH Planning and Renovation, Building 78 (Nucleaz Regnlatory Research Office) Partsmouth Naval Shipyard, Portsmouth, NH United States Postal Service Harvard Syuare Main Post Office (Fiistoric) renovation, ADA compliance, historically significant Cambridge, MA East Bridgewater Main Post Office new construction East Bridgewater, MA Postal Store of the Future rer�ovation Braintree, MA Burlington Main Post Office renovation Burlington, MA Detached Mail Unit new construction Taunton, MA 13 Standard Options for the States of New York and New Jersey Woodstock Main Post Office new corutruction Woodstock, NY Ossining Main Post Office new consduclion Ossining, NY Liberty Main Post Office (Historic) renovation Liberty, NY Ellenville Main Post Office (Historic) renovotion, ADA compliance, historicatly signifrcant Ellenville, NY Catskill Main Post Office (Historic) renovation of lobby, handicap ramp Catskill, NY Bergen Station South new construction Jersey City, NJ Hudson City Annex renovation Jersey City, NJ Franklin Lakes Main Post Office new construction Franklin Lakes, NJ North Station Post Office new construction Caguas, San Juan, Puerto Rico Carrier Annex renovation Hato Rey, Puerto Rico National Parks Service Kirk Street Agents House renovation Lowell, MA Medical Massachusetts General Hospital Tower 1 Boston, MA Massachusetts General Haspital 13 renovations Boston, MA Massachusetts General Hospital Child Development Center Boston, MA Surgical Step Down Unitrenovation VAMC Boston, MA Outpateent Clinic renovation VAMC Boston, MA Boston Veterans' Administration Outpatient Clinic (Historic) space planning and equipment layout Boston, MA Edith Nourse Rogers Memorial Veterans' Hospital (Historic) egress corrections and laboratories renovations Bedford, MA Outpatient Clinic renovation VAMC New Bedford, MA Cerebral Palsy renovaeion of existing building Quincy, MA Taunton State Hospital building code upgrade for inpatieni facility Taunton, MA Heywood Hospital operating rooms floor renovations Gardener, MA ARt:;'ADD, Inc. . 1185 Washington Street West Newton, Massachusetts 02465 • teL• (617) 332-1200 • fax: (61� 469-3362 New York Office: Hisham N. Ashkouri Q Suite 2A, 24 Monrce Place Brooklyn Heights, N.Y. 11201 • tel: {718) 422-7644 www.azcadd.com • arcaddinc(n3aol.com Dental Residence Lab (Historic) renovation VAMC New Bedford, MA Air, Oxygen and Vacuum Installation, VAMC Manchester, NH Kitchen/Dining Hali renovation VAMC Manchester, NH Primary Care Practice Expansion renovation VA Connecticut Heaithcare System, West Haven, CT Auditorium renovatio»lfire and safety corrections VAMC Providence, RI CAT Scan Unit Preparation renovation VAMC Providence, RI Ward 1B Outpatient Clinic renovation Providence, RI Ambulatory Surgical Suite renovation Providence, RI Educationat Master Plan of Campus Expansion (20,000 to 28,000 students), University of Baghdad, Baghdad, Iraq Colleges of Engineering, Humanities and Sciences, Unrversity of Baghdad, Baghdad, Iraq Coliege ofPhysica{ Education, University ofBaghdad, Baghdad, Iraq Academy of Fine Arts, University of Baghdad, Baghdad, Iraq Cape Cod Community College master plan West Barnstable, MA Mt. Wachussett Community College master plan Gardner, MA Aduit Learning Center reuse of Cunier Elementary School Methuen, MA Belmont Public Schools Facilities Audit evaluation of 6 school buildings and odministration Belmont, MA Systemwide ADA Action Plan and Code Review evaluation of20 school burldings, Haverhill, MA Stoughton Public Schools eight schools renovation/addition (6 elementary, 1 jr. high school and 1 high school) Stoughton, MA South Street SchooUO�ce Complex Phases I and II (Aistoric) master plan, renovation/addition Fitchburg, MA Falmouth High School building renovation and expansion Falmouth, MA Newburyport High School renovation of chemistry and computer labs Newburyport, MA Brookline High School Freshman Campus elevator irrstallation, Brookline, MA East Junior High School renovation Brockton, MA Bowen Elementary School renovation/additron Newton, MA Memorial Spaulding Elementary School renovation/addition Newton, MA Williams Elementary School renovation/addition Newton, MA League School renmation Newton, MA Cashman School building repairs Amesbury, MA Belleville Elementary Schoo) renovation Newburyport, MA Brookline Old Lincoln School ADA elevator installation and renovation Brookline, MA Driscoll School elevator installation Brooklim, MA Pierce Primary School elevator instcrllatiort Brookline, MA Gilsum Elementary School Gymnasium/Common Area Facility new construction, Swanzey, NH Private Oakridge Main Post Office new construction Oakridge, NJ Showroom/Warehouse new construclion W.W. Grainger, Lawrence, MA Showroom/Warehouse renovation W.W. Grainger, Watertown, MA Office/HVAC renovation United Parcel Service, Watertown, MA Loading Docks renovation United Parcel Service, Watertown, MA AR�ADD, Inc. • 1185 Washington Street West Newton, Massachusetts 02465 � tel: (617) 332-1200 � fax: (61� 969-3362 New York Office: Hisham N. Ashkouri @ Suite 2A, 24 Monroe Place Brook}yn Heights, N.Y. 11201 � tel: (718) 422-7644 www.arcadd.com • arcaddinc cQaol.com Peter Ste�an, FAIA Page 1 of � Peter Steffian, FAIA, NCAItB ' Principal and Chairman Peter Steffian has more than 4o years of experience in service to the public and the profession and in the design, planning, and management of continuing care, residential, office, medical, commercial, and institutional projects. As Chairman of Steffian Bradley Architects, Peter has served as practicing principal-in-charge for the selected projects that follow. Education University of Pennsylvania, Philadelphia, PennsyIvania Boston Architectural CoAege, Boston, Mass. Re�siration Architectural Registration - Massachusetts (2049), New Jersey (AI i4�97), Connecticut (3689), Rhode Island (749). Maine (6qi), Vermont (790), New York (i2i74), New Hampshire (8i6), Florida (�/62), Virginia (oqoi oiiq�5), Pennsylvania (RA-oi5i45-B) Missouri (A-2000i5,528i), Maryland (i3�oo), Georgia (RAoiii946), Ohio (onqgi�) Natioaal Council of Architectural Repstration Boards Licensed Construction 3upervisor in Massachusetts Professional Affliations American Institute of Architects College of Fellows Licensing Committee Continuing Education System Task Force National AIA Diversity Conference Boston Society of Architeds Boston Foundation for Architecture AIA Massachusetts Inter Professional Council on Registration Commonwealth of Massachusetts Board of Registration of Architects Bachelor ofArehitecture Honorary - Doctor of Pu61ic Seruice Certificate No. u69� Elected i988 2ooi-2oo2 i999-2000 Panelist i996 Past Director, Treasurer, � Secretary Member, i965-2009 Emeritus, 200�-2009 Founding Tn�stee, Secretary Past Director and President Member, i965-2009 President, 20oo-2ooi Board Member, i989-200/ Board Chair, i99i-2ooi upaueaia�3noos Peter Steffian, FAIA Page 2 of � Residential 808 Memorial Drive — Cambridge, Mass. A mixed inwme complex encompassing two high-rise buildings of io and 2o stories providing one-, twa, three-, and four-bedroom units for the elderly and families, plus office and commercial space. Bittersweet Lane — Randolph, Mass. A three-story elevator building witt► one- and twabedroom units. Boston Housing Authority — Boston, Mass. Elderly housing rehabilitation project including the renovation of lobbies and community areas. Bridle Path Apartrnents — Randolph, Mass. A three-building residential comp3ex for the elderly. Cambridge Housing Authority — Cambridge, Mass. Capital Improvement Ylan study of all of CHA federally assisted multi- family elderty and family developments including cost estimating and prioritizing capital needs through an "Access" database. Cliffside Commons — Malden, Mass. A five-story market rate apartment community with parking deck and pooL Cambridge Park Place Apartments — Cambridge, Mass. A high-rise market rate apartment complex with i5% affordable units with parking under the building and on-site, plus a recreation and pool deck. Chestnut Park —Sprin�'ield, Mass. A mixed use, five-building complex containing one-, two- and three- bedroom units including commercial space, a pool and health club,and structured parldng for 3z7 cars. 'I'he Devonshire — Boston, Mass. A 42-story, mixed-use, curtain wall building with luxury apartments, retail and office space with parking below ground. Exeter Towers — Bo�ton, Mass. A mixed-use building with commercial space at sidewalk level and 8 stories of luxury apartments above. Forbes Building — Jamaica Plain, Mass. A 7-story one- and two-bedroom residential complex for the elderly. Foreside Estates — Falmouth, Maine Mixed-income garden apartments and townhouses for the elderly. 3ai units 35�00o square feet 3, units io bu7dings ioq units i,821 units i� developments 30o units 341,00o square feet 3ii units 315 Parking spaces 5i2 units 20,00o square feet of commercial space 475 u�� 120,00o squaze feet 961uxury units i2,000 sf commercial ig� units 134 units uvamea�a�srzoos Peter Steffian, FAIA Page 3 of � The Friary — Rye, New Hampshire Design for conversion of a historic friary built in i922 into 2o units of luxury housing with dramatic views of the New Hampshire coast. Hope Gardens — Attleboro, Mass. A suburban residential complex for the elderly and handicapped. Island Elderly Iiousing, Ina — Martha's wneyard, Maes. Master plan for pubticly funded elderly housing project constructed in two phases; total of 6 handicap-accessible units (Phase I, 24 units — design only). Jady Hill — Exeter, New Harapshire A three-story building consisting of i8 luxury rental units and underground parldng. Master plan for phase II of the project comprises ioo units of new housing in q buildings with underground parking for ioo cars and support facilities including tennis courts and a community room. Liberty Place — Randolph, Mass. A mixed-income residential complex with clubhouse and pooi. Marion Sireet Apartraents — Brookline, Mass. Currently in schematic design phase, the project will consist of 66 units within a 55.50o square-foot building. The complex will include one- and two-bedroom apartments and two levels of grade and sub-grade parking with i46 spaces and a recreation deck. � Merrimack Plaza — Lowell, Mass. � Two high-rise towers of 2o and ii staries containing one-, twa, and three-bedroom units and convenient commercial space. Medical Center Housing — Boston, Mass. Master plan for the renovation of 35a units of existing housing and the addition of 80o units of new housing in seven buildings. lncludes underground parking, restaurants, retail space and a health club on campus. Mission Park — Boston, Mass. Access upgrades for existing mixed-income residential complex comprised of four high-rise towers, a community center, townhouse buildings, underground parking, and i2.6 acres of landscaped grounds. Newtowne Court — Cambridge, Mass. Comprehensive modernization of a public housing complex plus creation of i3 handicap-accessible units for the Cambridge Housing Authority. Pondview Apartments — Leicester, Mass. Master Plan and new construction for i5o units of condominium cluster housing to include one- and two-bedroom units with available loft addition. 2o units i8o units q8 units i8 units ioo units u2 units 66 units 449 units q,000 sf commercial i,o5o units T75 existing units 268 units 240,00o square feet iso units t�e ia�armog Peter Steffian, FAIA Page 4 of � Reservoir Towers — Brighton, Mass. 2q5 residential units with 245 residential units with structured parking in a i5-story, two core structured parking in a high-rise complex. i5-story, two core high-rise River Court — Cambridge, Mass. A i4-story luxury residential condominium complex that includes retail space, three levels of underground parking and a health club with pool. Rosemeade Apartments — Southbridge, Mass. Accessibility improvements to site, units and clubhouse. The Village at Marshfield — Marshfield, M�ss. Exterior renovation of 23 apartment buildings, and interior and exterior renovations to entire complex plus the addition of a new community building. Academic Baston University — Boston, Mass. School of Law and Education Building Pappas Law Library and Auditorium The two schools were designed one above the other in an award- winning i8-story tower with separate entrances at different levels for each school. This building includes workrooms, laboratories, and simulated courtrooms. The 80,00o volume law library occupies a three-story structure which it shares with a 600-seat auditorium below. N association with Sert, Jackson & Goriey. College of General Studies A self-contained teaching and administrative facility for a two-year team teaclxing program including a departrnent library as part of the B.U. system. Lasell College — Auburndale, Mass. Campus master plan for growth to 90o students plus the design of a classroom building, dormitory, and a central library for 100,000 volumes. Massachusetts Eye and Ear InSrmary — Boaton, Mass. The Medical Library and Archives: Renovations to create a medical library and archives in response to the need for more progressive environments in housing the Infirmary's growing collection of publications and staff study areas. MIT Sidney-Pacific Graduate Housing — Cambridge, Mass. Design of an award-winning nine-story, mixed-use graduate student housing, a 350,00o square foot complex with structured parking and commercial uses on an urban site. i66 units ii accessible units 252,00o square feet i6o,000 square feet 2�,00o square feet i,2oo-student-capacity 9oo-student-capacity Library: 3,aoo squaze feet Archives: i,2oo square feet 350,00o square feet 30o parking spaces u��aia�snoo9 Peter Steffian, FAIA Page 5 of � Healthcare The Fallon Clinic — Worceater, Mass. Central Street - a downtown health center for radiology, laboratory, obstetrics/gynecology, pulmonary, allergy, endocrinology, and the corporate offices for T'he Fallon Clinic. Historic Preservation Award. Tt�e Fallon Medical Center - a specialty service health center including a physical therapy unit. Interior design for eight satellite health centers outside of Worcester. Fanny Alien Hospital — Colchester, Vermont Campus-wide master plan showing a new main entrance, expansion capabilities for a new physical therapy wing, doctors' office building, commercial development, expanded parking, service and general circulation, plus new landscaping. HCHP New England — Providence, Rhode Ialand (Formerly Rhode Island Group Health Association) Coro Building - adaptive reuse of industrial building to an ambulatory health care facility and office space, Harvard Community Health Pian — Brookline, Mass. t4 ambulatory health care centers in Eastern Massachusetts including interior design. Hotyoke Heatth Center Medical Mall — Holyoke, Mass. Master plan for a phased renovation of three existing buildings on a prominent site in downtown Holyoke, Mass.. The master plan provides a new location from the Holyoke Health Center as well as associated medical and retail spaces, such as a pharmacy, dayieare facility, radiology unit and dental unit. Phase I of the project includes adult medicine, dentistry, and a renovation of the Maple building. Historic Preservation Award. LibertyMutual — Lawrence, Mass. Relocation of existing facility to new location, including complete interior 6t-up and space planning for ADA compliance. MGH Chelsea HealthCare Center — Chelsea, Mass. Providing pmgramming and feasibility study plus architectural, interior and graphic design for a new community health center with a residency program to include familypractice, adult medicine, pediatrics, surgical specialties and 24-hour urgent care. 45�00o square feet 52,00o square feet 200,00o square feet 500,00o squaze feet i2o,000 square feet 4.50o square feet 40,00o square feet upa.ma ia�3rzoov Peter Steffian, FAIA, NCARB Page 6 of � Mass�chusetta General Iiospital— Boston, M�ss. MGH Everett Satellite HealthCenter Creation of a satellite health center to provide family practice medical care in Everett, Mass. as part of MGH's primary care network. MGH Revere HealthCare Center, Revere, Mass. Providing programming and feasibility study plus architectural, interior and graphic design for a new community health center with a residency program to include family practice, adult medicine, pediatrics and speciahies. South Shore Hospital — South Weymouth, Mass. Ambulatory care master plan - renovations and additions to the West Wing for a pediatric nursing unit and outpatient physicai therapy unit including two aqua therapy pools and general administrative space. Office / Commercial / Industrial 2oi Broadway — Cambridge, Mass. An 8 office building, with 5,00o square feet of retail space, and an iSo-carfive level parking structure. �,000 square feet 30,00o square feet 34,00o square feet i2o,000 square feet Canton 3h eet O�ice Complex — Norwood, Mass. Two complementary 2-story office buildings. 80,00o square feet Chase Manhattan Bank Giobal Payment and Treasury Services, G7ient Access Areas. Design of high technology communication unit including computer rooms, command center, public lobbies, support space and 200 open office workstations. Digital Equipment Corporation — Marlborough, Mass. MRO N- Product Marketing and Engineering Facility Included interior design of i,ioo workstations, private offices, conference space, computer rooms, auditorium, and cafeteria. Macomber Development Company — Cambridge, Mass. 98 North Washington Street Office Building, Boston, Mass. IBM Building, Moshassuck OtTce Park, Providence, RI Matrix Technologies Corporation — Hudson, New Hampshire A two-story corporate headquarters, manufacturing and warehouse facility. Metropolitan Corporate Center — Marlborough, Mass. Master plan of a 9o-acre,lo-building office/research and development park, and design and tenant planning of the first eight buildings. upduea�a�3noos 60,00o square feet 350��o square feet 90,00o square feet 75,00o square feet 35>00o square feet 660,00o square feet ?� ., � Peter Steffian, FAIA, NCARB Page � of � The Nordblom Company — Burlington, Mass. Northwest Park - master plan and design of 43 one and two story buildings for office/research and development. One Brookline Place — Brookli�ne, Mass. Medical planning for 4o medical suites in a 6-story medical office building. Sixth Street Office Building and Garage Design of a new 5-story office building with three levels of underground parking for the telecommunications industry. Spirit Technologies — Marlborough, Mass. Design of corporate o�ces and manufacturing space, including interior design of finishes, casework and office furniture systems. Westborough Office Building — Westborough Mass. Research and development facility. venna-Budapest World Exposition — Budapest, Hungary Development of an urban plan for 33o acres of under-utilized industrial land, i i/2 miles south of Budapest, Hungary, directly on the Danube River. SBA's solution, reminiscent of the i9ii Chicago World's Fair, revolved around the creation of distinct neighborhoods with specific traditional urban characters based on a readily recognizable block system, intended to facilitate the incorporation of efforts of individual privately funded building developments. Newburyport Landing — Newburyport, Mass. Waterfront park designed as the center piece of a revitalization of a section of Newburyport. The park became a focal point for housing, hospitality and the waterfront development u�azee ionanoo9 i,5oo,00o square feet ioo,000 square feet uo,000 square feet aoo parking spaces 28,75o square feet 8q,000 square feet 33o-acres Larkin t7FFICE DETAILS London Millennium Bridge House 2 Lambeth Hill London EC4V 4AJ United Kingdom _ _ PRACTICE AREAS Corporate" Real Estate, _ SECTORS 1,_ ENERGY 2. �IOSP17'ALITY Bc LE1SLlRE 3. MEDIA 4. PPP 5. RF.AL ESTATE �: . Dan Larkin is a global corporate and real estate partner in Salans' London o�ce and heads the Gbbal Hospitality 8 Leisure Group. Dan specialises in asset-backed transactions and financings and has experience advising on structured financings, public-private partnerships, capital sourcing, mergers and acquisi6ons, private equity, joint ventures, privatisations, development projects, securitisations and restructurings. He has advised clients in this area as a lawyer and financial adviser. Dan has particular experience with transactions in the hospitality and Ieisure, real estate, transport, energy, construction, consumer products and retail, and media and entertainment indusVies. Prior to joining Salans, Dan was a partner at Squire Sanders 8 Dempsey LLP. His career aiso includes positions as a managing director with PricewaterhouseCoopers' Financial Advisory Group in London and senior executive roles with Hyatt International Corporation and Ameritech, during which he provided legal counsel and business advice on matters throughout Europe, the Middle East and Africa, as well as Asia-Pacific and the Americas. Dan is a frequent speaker at industry conferences and events including various financial and educaUonal forums and before professional bodies. Among professional associaGons, he has served as an offioer of the Intemational Bar Association and as an officer of the American Bar Association's Section of Intemationai Law. 5.1.1 Career. • Partner - Salans, London (2011 to date) • Partner/Co-head of Real Estate Finance Group - Squire Sanders & Dempsey LLP (2001 - 2010) • Managing Director, Flead of European Hospitality & Leisure Group - PwC Corporate Finance • Associate General Counsel - Hyatt Intemational Corporation � London 2521744.1 . 6.1.2 Education: • University of Chicago, J.D., 1980 * Harvard University, A.B., cum laude, 1977 • 5.1.3 Languages: . English � French • German Mark S. Jungtrans, :�1� ! 111 Hun#tngton Avenue - The P�udentfal C�ter — Boston, MA Project managex Eor the overall VH� eng�neering and pexxaaikting e#ort for the conskruction of a nsw 3(rstory of�ce tower and low-rise office space adjacent to the Prudential Tower, prqvading appro�,imately ox�e million squaar� feet of new commercial space. Project included site e�ngUneering; infrastructure improvements; traf#ic analysis, roadway and slgnal woxk; air quality modeling; and related techni+cal pernumung. �hallenges on tkus project included khe routing of major Boston Water and Sewer Commission (BWSC) sanitary and drain collecto�rs through the existing subsurface parking garage, az�d ix�tegxation of the proposed building inM an extremely active site with substantial traf#ic ar�d pedestrian requirements. The liunits of working in a developed site required an i�nventive approach to design and work phasing. Constant coordination with Ciiy of Boston agendes was necsssary to keep the pmject on txacic. �� � �.t i�.�;���E 2�41 Atiantic Avenua Park� ��t111i MA , This praject, unde�rtaken by the Prog Pond Foumdatio�, built a new prlvately funded public park on a srnall parldng area situated between the Rase Kennedy Gneettway and the New England Aquaxium. The p�roject was challengu►g from the start as the site was very amall and constrained by a nnyriad of utility systems and major dcainage ;Eacili4ea linking the Central A,rtery/Tunnel to the watecfxont. VHB led the dty Public Improvennent Commission process, on behalf of the owner, that resulted in the substantial expansion of the project site through discontinuance of street areas in the surrounding public streets. VHB worked closely with tk►e park designers and landscape architects to co�laborabively develop a design that achieved the ambiHous vision for the space with cnassive trees and pedestrian structuzes while respecting existing utiliry systems, #a�fic �low and th:e opexations of the adjacent aquarium. 70 Francis Street — Brigham & Women's Hospital — Boston, MA Pzoject Manager for Brigham & Women's Hospital's construcHon af a 350,000 square foot fadlity that wi�l house the hospitals cardiac care center and expanded operating �acilities. Tk�is project includes an innovative muiti-story undergrownd, full width building coxunector, and ax� above grade pedeshrian bridge, between the existing 75 Frands St�reet building and the new building. The underground connection required the relocation of a11 utilities in Francis StxQet pxior to commettcement of the build3ng project. VHB led the design and permitting of this phase of work securing approvals from a myriad of utility companies, city agencies and abutters. VHB is also providing tzanspo�ctation and civil engineering expertise to the hospita['s Tnstitutional Master Plan update, which included the 70 Pxancis Street building. Center for Ufe Sclence, Boston, MA Managed VH�'s survey, civil engineering, a�nd techriical permitti�ng efforts on a prnject that includes complex utility systems and intercorulections with Beth Israel Deacaness Medical Centex and the neighboring Harvaxd Tns�itutes of Medicine, Chi,ldren's Hospital and Merck facilities. This is a phased project that required VHB to work with the orvner and construction znanager ta develop an innovative approach to phasing of utility and btuld'ung work o�n a constrained site with lots of neighbors looking in. Mr. Junghans is a Principai in the Boston lnfeyr�te�d Services Team. His speciaity is design and permitting on Urban building projects in Boston and Cambridge. Notable projects include 111 Huntington Avenue, Olmsted Green, Mand�rin Oriental- Boston, l'rilogy Residences and 70 Francis Street tor Brigham and Wamen's Hospital. k9ark is a resource for Article 80 �rmittirrg Publi� Improvement Commission Permitting, Boston Water and Sewer Commissian design and p�rmifting and site and ir��r��tru�tt��e engineering. 21 y�rs of protessional experisnce 1 ' . Mark S. Junghans, P.E. _, r . . � . =s� �. Mandarin 4rl�tai Hotel — The PrudeMial Cente�, Bc�ston, MA Ppr Bost�'s first six-star hotel, which has begun canstruction, has been VHB's m�a.nager sinGe the beginning when avers�ing the Arti�le 80 permitting process. MEPA permitting, and neighbc�xhood caordinatian. Thi� prpject requlred an update af the 1989 Prudential Center Master Plan. In o�der to achieve thi� approval the project team develaped extensive site and txanspc�rtatlon skudies updating the area-wide planning done for the Frud�ntial Cer►tQr Redeveloptnent. The end result is a pxoject that will red�fine Boylston Sfireet and finish the paroel development envisioned under the Prudential Master Plan. ParHcular challenges included developing a cutting edge vehicular a�cess fur the hotel, buildiang aarpund twin 3A-inch siphons and construction an active retail and residenEial environment, plmated Green, Mattapan, INA VHB's proje�t xnianage�r, overseeing the design and permitting of the new public roads, utility systems and site design for the Oltnsted Gre�zt praject proposed by Lena New Boston, a partnership between New Boston Fund and the Lena Park CDC, a unique 42- acre redevelopment on the #armer Bo�ton State Hoapital site inco�rparaking workforce housing, affordable housing, a community center, Eacilities for the Department o# Mental health, and two eid�r case/assisted living cr�nters. The praject is designed to make full use af L.ow Impact Development (LdD) design principles through the siting of homes, in#e�raiion of a distribut�d stormwate�r management systenn that provides exceptional infiltration faciliHes use of raingardens and perzneable pavement. The site also features walkix►g trails, a new public roadway syst�m and supporti�g utility systems. This project �quaxed extensive coordinarion with city agenc�es on development of the design includaz►g the PubIic Improveraent Commission, Boston Public Works Department, Boston Water and Sewer Gomrnission, Boston Parks Depart�nent, Boston Lightix►g Department, aYUi Bostan Transportation Department. TriI�Y, Baston, MA T'his project, recently copnpleted, estabIished 580 z�ew residential units in the Fenway area while beginning to rede£ine the Boylston Street corridor. Following a long public process, tYds project enjoyed tremendous neighborhood support. VHB is responsible for site design, transportation engineering, signal design and city technical permitting including numerous actions by the Public Tmprovement Commission (PIC). Part of the scope includes a atreetscape plan for Boylston Street and Brookline Avenue that will be extended by the dty and neighborin,g future prajects. 'The design also includes a reconfiguxation of Kilmarnt�k �reet, improving area circulation. This street design was a collaborative effort between the Boston Public Works (BPW) Department, the Boston Transportation Department (BTD) and Fenway Ventures LL,C, the site developer. Educatfon B,B.C.E Northeastem University,1987 Professionai Professional Engineer Maine 1993 Registrations/ professional Engineer Massachusetts t982 Certifications Pmfessional Engineer New Hart�shire 1992 � . LeMessurier Consultants Mysore V. Ravindra, P.E., Structural Engineer Titte/Position President; Principal Structural Engineer Education Bachelor of Science, Civil Engineering University of Mysore Master of Science, Civil Engineering University of Southampton, England Academic Boston Architectural Center Affiliation Duke University Undergraduate Curricnlum Advisory Board Research "Cost Effectiveness of Seismic Resistant Design for•Non-structural Building Elements" Registration Professional Engineer (Structural): CT, FL, GA, IA, KY, MA, MD, ME, NII, NIN, MO, NC, NH, NY, OH, PA, RI, SC, VA, VT, WI, WV, Certified by the NCEES Professional Boston Society of Civil Engineers Section/ASCE Affiliations Boston Society of Civil Engineers - Past Senior Vice President, Chairman Structures Group Boston Association of Structural Engineers Loads Advisory Committee, Massachusetts Board of Building Regulations & Standards Professional Mr. Ravindra joined LeMessurier Consultants in 1968, becoming President in 1991. Prior to Experience joining LeMessurier Consultants, Mr. Ravindra was associated for eight years with ir►temational contracting and design firms in Europe and India as well as in the United States. His structural engineering experience includes the following representative projects: John Joseph Moakley United States Courthouse Boston, Massachusetts Fort Devens Federal Corrections and Medical Center Ayer, Massachusetts Federat Correctional Institution Berlin, New Hampshire Federal Correctional Institution Glenville, West Virginia U.S. Military New Arvin Cadet Physicai Development Center (Seismic Study & Retrofit) West Point, New York U.S. Postal Service General Mail Facility North Reading, Massachusetts U.S. Army Corps of Engineers Headquarters Building Waltham, Massachusetts Federal Reserve Bank of Boston Boston, Massachusetts 500 Boylston Street Retail, Office Building and Garage Boston, Massachusetts 222 Berkeley Street Retail, Office Building and Garage Boston, Massachusetts 125 Summer Street Retail, Office Building and Garage Boston, Massachusetts 225 I-�igt► Street Office Building and Garage Boston, Massachusetts One and Two Cambridge Place Cambridge, Massachusetts Back Bay Hilton Hotel Boston, Massachusetts WTC Apartment Tower Dubai, UAE �.'. 3iltllti�,aall I: . .. . . �..�� �' �� Curriculum Vitae JOHN E. BREDEHORST PE, LEED� AP Executive Vice President Managing Director of WSP Flack + Kurtz' NY Office Elecfical System Design-Power Distribution EXPERIENCE As an Executive Vice President and Managing Director, John Bredehorst oversees more than 200 technical and support personnel in the in the New York Office. His management background is illuminated through his years as a project manager coordinating all trade disciplines with the overall project team consultants. Mr. Bredehorst's vast experience with electrical and mechanical systems has made him a vital asset in the design and successful completion of numerous projects, both nationally and internationally. John's experkise lends the firm abounding knowledge of complex power distribution systems, lighting systems, control systems and building life safety systems for a variety of building types. Mr. BredehorsYs past project participation extends from both detailed tasks to those larger in scope. His responsibilities range from troubie-shooting to evaluating existing systems, installation of electrical systems as an electrical contractor, and the complete design of many facilities, buildings and systems. Some of these include cogeneration and power generation systems, reliable and redundant distribution systems and renewable power systems. His relevant experience includes the following projects: COMMERCIAL � Canon Corporate Headquarters, Melville, NY • Goldman Sachs Headquarters, 200 West Street, Trading Floor Fitout & Office Tower Fitout, New York, NY ■ Merrill Lynch Expansion at the World Financial Cen�er, New York, NY ■ The New York Times Headquarters, New York, NY • New York City Housing Authority, 90 Church Street, New York, NY ■ 4 Times Square, New York, NY ■ Penn Station Redevelopment, New York, NY • 7 World Trade Center, New York, NY ■ 505 Fifth Avenue, New York, NY ■ Chrysler Building, Mineral Technologies, New York, NY ■ Bloomberg LP, New York, NY � Pflzer World Headquarters, New York, NY ■ Queens West Development Project, Queens, NY � AIG, San Juan, Puerto Rico ■ Paine Weber, Puerto Rico ■ Banco de Boston, Buenos Aires, Argentina ■ Chemical Bank, Buenos Aires, Argentina ■ Das Business Center, Berlin, Germany • ARAMCO Office Buildings, Saudi Arabia � The Prudential Business Campus, Short Hills, NJ • Samsung Group Executive Boardroom, Seoul, Korea �rWSP* �lAC1�+KURT2 J/' :..� . . .. �\y . . � 5 � '_ �: ": .��. ..... �.�,� . ��. � �� . ■ Seocho Mixed-use Building, Seoul, Korea ■ Sunkyong Group Corporate Headquarters, Seoul, Korea ■ Dacom Corporation Project, Seoul, Korea ■ Yuk Sam Dong, Seoui, Korea ■ AIG/Philam Life Insurance Building, Manila, Philippines • Skadden, Arps, Slate, Meagher & Flom, Moscow, Russia ■ World Bank Headquarters, Washington, DC ■ The Price Club, New Britain, CT � 717 Fifth Avenue, New York, NY MIXED USE ■ The Helena, New York, NY ■ 731 Lexington, New York, NY ■ AIG/Philam Life Insurance Building, Manila, Philippines • Seocho Mixed-use Building, Seoul, Korea NMI�SIONING ■ CIBC World Markets, New York, NY • Hearst Headquarters, New York, NY lNTERNATIONAL • Banco de Boston, Buenos Aires, Argentina ■ Repsol, Buenos Aires, Argentina � Banco Popular de Puerto Rico, San Juan, Puerto, Rico ' ■ Vision City, Kuala Lumpur, Malaysia • Akbank New Operations Center, Gebze, Turkey MASTER PLANNING � Javits Convention Center, New York, NY SUSTAINABLE DESIGN ■ The Verdesian, New York, NY (LEED Platinum) • The Helena, New York, NY (LEED Gold) ■ Millennium Tower Residences, New York, NY (LEED Gold) � SAP Corporate Headquarters, Philadelphia, PA (LEED Platinum Target) • Commerciaf HQ at Battery Park City Site 26, New York, NY (LEED Gold Target) ■ Canon Corporate Headquarters, Melville, NY (LEED Gold Target} � The New York Times Headquarters, New York, NY • Battery Park City Authority Green Guidelines, fVew York, NY WSP� ��.A�l��t-l�UR�� I�;LEVANT EXPERIENCE: While our designi development team is working on several development projects with private financing in the City of Newton, MA for two projects, a$27 million for Sport MedicinelHotel Complex on Washington Street and a mixed use housing, retail and children theater, a$28 million on Beacon Street and a$115 million Hotel Conference Center and Movie Theater Complex in Baghdad Iraq, we are submitting below 6 projects that have similarities to the work we are proposing for the City of Federal Way, State of Washington. Brooklyn Bridge Park, Brooklyn NY The Brooklyn Bridge Park is a$430 rnillion mixed use development located at the Brooklyn side of the East River overlooking tlte soutl�ern tip of the Island of Manhattan. This project included four stories of mixed retail, commercial, and restaurant spaces, a six story hotel facility above and a three story parking garage in the rear of the complex. The goal of this project was to revitalize the docks at piers 4 and 5 and to allow for the restoration of histaric waterfront at Brooklyn Heights neighborhood where the new development would be linked with the famous promenade over the Brooklyn Queens Expressway. Our designldevelopment team completed a full economic plan which was submitted as paz`t of a request by the Brooklyn Bridge Waterfront Development Group and attracted lacal and British financial institutions for funding the project. The City of New York decided to take a different approach where they demolished the warehouse that was designated for preservation and moved towards building an open space public park with no hoteUmixed use facilities. Liantang/Heung Yaen Wai Boundary Control Point Passenger Terminal Building International Ideas Competition, Hong Kong-Shenzhen China Part of an international design cornpetition, ARCADD, Inc/Hisham Ashkouri Architects was extended an invitation to submit its idea far this control passenger station on the borders between Hong Kong and main land China. Our intention in submitting this project to represent park of our mosf recent experience is that it represents a breadth of our projects and the international reputatian that we have gained within the last seven years since we began working on projects in Iraq and Afghanistan. This Border Station is pla.nned to process over 30,000 travelers daily and about 1,000 trucks and traetor trailers per day for gQOds traveling from and into China. The passengers will arrive in private automobiles, private and public buses. The project is estimated to cost $500 million with for all highways, bridges, parking and service stations, passenger terminal, security, and retail support. The results of selection based on the design ideas have not been made public at this point. Memorial Building/ :1�Iunicipal Campus, Framingham, MA In 2001 ARCADD, Inc. was selected to complete a full study for the restoration of the PVlemorial Building, Town of Framingham Town Hall Building, Framingham, Massachusetts. The Town had a need for about $9 million in restoration costs, yet did not have the adequate budget for the project. Our t�am developed a fu11 Public-Private investrnentldeveiopment platt with 9 alternative design approaches to solve the financial needs and to rebuild the heart of Framingham including a two story below ground parking garage structure. The project underwent severa.l review and approval phases and was finally postponed due to slow down in tax revenues in the Town of Framingham and the Massachusetts economy. The project was a major job initiative for local construction trades and for town residents. Today and after 10 years, the Town of Framingham Architect; Mr. Douglas Goddard, AIA commenced discussions with our development team, the town o�cials and Congressnnan Edward Markey of Massachuseits to restart the project. We have ageed with Mr. Goddard to meet with Congressman Markey and commence the re-planning this project by bringing in our private investors and work with the Town to come up with a Public-Private partnership that will have public funds through Federal Stimulus and the Commonwealth of Massachusetts. The project is estimated to be at $98.5 million and would include complete rehab of the Memorial Building, the Danforth Museum, the construction of 80,OOQ sf of municipal offices, 40,000 sf of private offices, 12,000 sf of retail and 64 residential units of a mix of a single, two and three bedroom units. The buildings were planned to have an underground parking garage facility for 540 cars. The New City of Noorland, Kazan, Tatarstan, Russian Federation Originally designed by a Russian Architect, Dr. Ashkouri and ARCADD, Inc. were selected initially to be the main architects and project mar►agers of this $15 billion mixed use development project. While we commenced this work in November. 2009, our position has evolved into an investment partner in the project where initially our team would bring in $12.4 billion in US based investment from the State of Utah and the City of New York, to implement the design. The Russian Federation will be investing $1.26 billion in constructing the required infrastructure including roads, bridges, electrical, communication, sewers, domestic water and fire water, garbage disposal and recycling, and underground service tunnels for maintenance and utility trunks. While the project is progressing today, it is envisioned that it would be used for the International Succor Olympics of 2018. Our team is proud to state that we have gained the approval of the President of Tatarstan and The Russian Federation and now in the financing process for Phase I of the project at $5.0 billion. 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'...i=` ��� �. : _ " � v„- �" � �a � . �� � � � �� "s ���� 1��^.-�'a,� ".°` x z �f ` �,� , 'i� ���° .. s : �. °� � "� , �'?; - � A� . ,w� '� � ��' t ,�' A d �.+ � '�-'� ���� �^ ��„G p x � ��``�$�$� u d�'`• � �_, � ,�" � t� A � 3 ����� � � �,�'� �q�h� , �...� �' 't �r� '� :- /�\ � � 64�'WP '�'S`'^.�'t'..r "_�fo"s. �j`'� 'i i t� � E r i ;�,�. � � y � t �_�„����, � � I�ry C �tv � x�;� g . � - ,2 � �(�� s 1L � � , r ` � a, .. � � g 'S�' i4.i� �:.f"v 'l+i.' 1�.:w'� � �; � w & �+� �i k�� �� � �6 �£� "-�� �� � ��� ��.�� ,� �,,, � �a� ; � `�; < 4 � 4 � �'� � � w� �, � '? ��� : 4i�� � ��„;..... � � � °{'y' � � � < � .� . ���= � �'saE°`�zt..� k 4� ' ,�q°<..�� M� � �.�..+' � � �• w +� . � _ ��` �"'�� � � �; � ,F ��-�.� t ��� . .. .. ... < ,s' NQORLAND � P UB (,l C P RI VA�I�.E PARTN G R$ li I ly I KAZAN TA.'TARS7'AN RUSSIA ; ZO�lO s_ �� REFERENCES: Douglas Goddard Capital Buildings Project Manager Town of Framingham, Massachusetts 150 Concord Street Framingham, MA 0 2 702 T: 508-532-5436 E: djg@framinghamma.gov Dr. Ronny Miitler Chairman of the Board MJR Holding Ltd. Framingham Municipal Campus Framingham, MA Noorland New City Development Kazan, Tatarstan, Russian Federation Russian Federation, 420059 Kazan City str.Orenburgsky Tralct 5, T: +7 927 249-50-08 E: ronny.mueller@nur-avto.ru Mary Lynn L�ndgraf Senior International Trade Specialist U.S. Department of Commerce, OTEXA City of Light-Kabul Development Kabul, Afghanistan U.S. Department of Commexce 1401 Constitution Ave., NW Washington, DC 2023Q T:202-482-7909 E: mary-lynn.landgraf@trade.gav Please also see the enclosed recommendation letter by H.E. Former Ambassador of Afghanistan to the United States, NIr. Said T. Jawad, whom we worked closely with on the City of Light-Kabul Development as well as the Afghan National Museum, Library, and Cultural Center. �� �� �� / w , a w „ • }� �!.�fsl�, . � (,�.�l I ✓JI� Cf GS' . l� — ..�Il� �'� vl,---�l�l � � � ��:,�� �=' Cf Lf' ��' CJ (S� c �t„�` �'� ���� -,�:� _ �J/GC/ �� � �!� �Z���.�IZ� C �� � �WASHINGTON, DC No. SU 33Q/08 May 1, 2008 Re: Letter of_Recommendation for ARCADD. Inc. To Whom It May Concern: Through this letter, I wish to express my most sincere support for Dr. Hisham N. Ashkouri, President of ARCADD, Inc. Through our Embassy, Dr. Ashkouri has worked on the urban design and development of two sepaxate private investment projects for Afglianistan since September 2005. Through his great spirit and positive energy, Dr. Ashkouri and his highly professianal team drafted a comprehensive proposal for the redevelopment of our capital city, Kabul called "The City of Light." The project entailed the private development of offices, hotels, residential structures, cultural and medical buildings in the Old City of Kabul with a projected budget of $9.6 Billion. Furthermore, ARCADD also proposed the architectural design and development of the Afghan National Museum, Library and Cultural Center, to be funded through the private sector at a total cost of $200 million. Through our many encounters over the last several years, I have been highly impressed with Dr. Ashkouri and his team at ARCADD with their dedication to assisting the people of Afghanistan Dr. Ashkouri and his team have visited Afghanistan several times and have met with key officials in our �overnment in efforts ta move tlieir �roiec? forward. ARCADD's experience in urban development will certainly advance the reconstruction effort in Afghanistan and i fully support their interest in bringing investment and capacity to other countries as well through future endea�ors. Sincerely, ,. — � Said T. Jawad � Ambassador _ . 2341 WYOMING AVE., N.W. • WASHIN'GTON, DC 20008 • TEL: 202-483-6410 FAX: 202-483�6488 • WWW.EMBASSYOFAFGHANlSTAN.ORG ,� , 1"� � �c� � - 3 S U P � L@ M E N T A L I N@ O R M A T 1 0 N �,SQOES`t �OR Q}lA,tl FI�AYlON5 C t T Y C 6 N T E R M 1 X F D^ U S 8 D 6 V E L O P M E N T CITY OF FEDERAL WAY WASH IkGTON �� �` � ,,;; � �, A R C A I7 D, I N c. H I 5 H A M A S H K O ❑ R I A R C H I T E C T S IIHS WASIIINOTON S'fREfT, WS51' NEWTON MA 02465 T 6(7.3J2.1200 F b17.969.93b2 WWW.A0.CA�I/.CnM SUPPLEMENTAL INFORMATION The following submission is inclusive of supplementa.l information for our earlier Response to the RFQ dated June l, 2011, It is intended in this submission to introduce the remaining components bringing up our work to the RFP submission: 1- Crystal Way, LLC, a Special Purpose Vehicle (SP� as the new legal owner entity to be established for the implementation and development of the project in the State of Washington. 2- Why should there be a Unique Design Approach to the Federal Way Project that is both suitable in scale and unique to the City of Federal Way. 3- Business Center complementing other block developments such as the new Civic Center. 4- Local strong presence in architectura}, engineering and construction management services compatible in size and quality with the project at hand. 5- PROJECT BUDGET: Why housing alone is not economically feasibte under current market conditions within the United States and why the project should include an "Economic Engine" to keep the cash flow coming to the project? CRYSTAL WAY, LLC: Special Purpose Vehicle (SP�: The Federal Way Project will be organized and managed by CRYSTAL WAY, LLC, a legal entity to be established in the State of Washington and to be the developer and the owner of the project. Its main activities will include: 1- Perform due diligence, feasibility and project performance, 2- Conduct and coordinate meetings and activities with the city of Federal Way and its agencies, investors and lending banks, and the design/construction management team, 3- To manage the design and engineering consultants of the project, 4- To manage the entitlement process to obta.in building permits required for the construction of the project, 5- To complete the selection of general contractors and sub-contractors, 6- To work with bank Inspectors on monthly requisitions and payments for construction work completed, 7- To manage day to day operation of the project, 8- To manage marketing and negotiate sales, lease agreements and operational contracts with various vendors to operate and maintain the project, 9- To maintain operational and financial control over the entire job. 10- To setup a financing arm that will collect all payments and pay for fees and operational costs of the project. 11- Setup and complete land purchase from the City of Federai Way. T'he project will have four basic operational entities that will be privately procured to manage the Crystal Palace, retail/commercial space, residential development and the garage. Crystal Way, LLC will hold the right to manage and operate directly any part of the project, if it is required. The Investors: The investors are mainly private individuals with access to substantial wealth allowing Crystal Way, LLC to gain investment for $300,000,000.00 which we estimate the project to cost including contingencies. We also will seek bank finding for short and long term in addition to the private investrnent ofFered for this project to cover additionai scope of work we will encounter for this project or any other surrounding buildings. Project SPV Structure: Below is a structure of a legal owner entity, Crysta.l Way, LLC, that will be in chazge of implementing and developing the project: City of Federal Way & its Agencies Qesign/Construction Managemvnt Team • �►KC�o�, i�� x�aM,auw�, r►.enxs� l'�c� nnAM�Pra�h M�Benc • KeNh HoMrkktoM � [.wJ co�unw�Wn Manwrars • 11WNfney (# ArebNcefrra �� � Suppo�t Aoahiprolt • oc� e�plaao i � �� ! - lNelli� i1►MMY Areblattr I srMwn nroatt� � : Vxw�e.NsnRt�&v�Nqlee. CWWSi�c Cngatee�e 4aMewwrNrCeneaNna Slroc�WOl Faq�acero.� . q� �+Kwls� A/@P @eµineers PRUJECT STRUCT[JRE InkW Ayroemem, l.nndlhireluqc3� . 5pecini Purpose Vehicie tsrv� CRYSTAL WAY, LLG. Managemcnt Company registered in the Statc of Washingtvn Pgyments 8t Manasenunt Construction O�e►atai �`°' Contractors co�., t�+w+w dt coaraenac M.x.gemem Io bC privataly bid Operator .,�,�.��-� Mp�elpaM 1R 11rlldNq� Sapptm f.�Cratnr � Insx�me dc [nvestment, "�""a""""" ��'"°"`. �ufi�e s�n Losn, �r Payment ■ Suppqrt Secvices �� � � �-..„_. � dutaM� au� 4 �""""-�,.e., ■ Pay-baak TNB PROJECT A. Land acquired from City of Federai Way a. Buidin� C.1.���7 Certified Pm,jecc Pr�pared by: Dt, Hisham N. Ashknurf, A[A ��./ �"' ,`�• /� Private Investors: Rogcr Kimball Laramie James Trum�ell Commercial Banks: Short/[.a�g Term Laans Attomeys at Law � Z1CVC�OP1tlCtlt: $A�811S Crystal Palacc Users �� R{'it8l) . . - �Commcrciai > Se�rvices .• Usets Residential Devdopment Private & Lesscd Garagc � ..���.._..�..�����..��Ww�e:� ....... _.��.� ��.�.e�.,�.�......__��.�._���..m...w...___....._ Why should there be a Unique Design Appraach to the Federal Way Project: Though we have stated this information in our response to the RFQ we want to emphasize the understanding we took from reviewing the RFQ and discussing the work with our investors, staff and consuttants, was that the project should be based on a medium density and with a suitable scale that would not overwhelm the surrounding environment. The density should not be too low that the project would lose its significance as a viable city center project. Accordingly, our design was based on the following statistics: FAR: 3.627 (Project Total Area divided by Tota1 Site Area) Total Foot Print: 96,500 sf or 54% of Total Site Totat Plaza and Open Green and Paved Spaces: 82,800 sf or 46% of Totat Site Allowed Height of Building Structures= 200' or 16-18 stories. The design we proposed was made from five 16-18 story residential/commercial space towers, ten to twelve surrounding buiidings at 8-10 stories for mainly commercial, retail and service towers with some residential mix and a two to four story Crystal Palace structure with plazas for mainly business, retail and e�chibition space. Business Oriented Center: T'his paragraph was added to our submission due to a question raised by Mr. Patrick Doherty of the City of Federal Way after discussing the Civic Center and the fact the City has already chosen LMN-Architects to complete the design study of the new Civic Center Performance Arts and Conference Center to the north of the site. The question was to specify the differences between the Crystal Palace and the Civic Center. Our understanding is that the project we are proposing will serve mainly the business community in providing business temporary and permanent operation and communication space combined with product exhibits using the latest PPG Technology in intelligent glass design with access to video and teleconferencing with internet and Bluetooth technologies. We anticipate exhibitions in the Crystal Palace to include manufactured products such as aircraft technologies, computer technologies, nanotechnology products, intelligent and self-correcting building materials, and the latest green and energy generating products. We envision the Civic Center and its exhibits and conferences to be more culturally and art oriented. Such activities would have displays for art work, costumes, historic artifacts, to include such as traveling exhibits of other countries and music, ballet, dancing, etc. In addition we envisage the use of the Crystal Palace component as a place for highly technical space to be leased for intense short periods of time where large companies will come as part of a larger activity or exhibit complex where they will set up a temporary space with video and internet connections and world-wide communication capabilities for a period of few days, a week, or several weeks depending on their needs. This is one of the most profitable functions within the project. Local Strong Presence in Architecture, Engineering, and Construction Management:. The design and construction management team has been augmented with three different organizations we intended to add to our RFP response. Those teams are: Keith Henrickson, Project Construction Management, Mulvanny G2 Architects, Support Architects and DCI Engineers, Support Structural Engineers. We have setup the design and engineering work to cover our efforts both in Boston, MA and Seattle, WA with the fullest levels of professional duties and responsibilities. We expect that Mulvanny G2 and Steffian Bradley to be commissioned to help support the principal arehitects and engineers in the production of construction documents and specifications as well as in monitoring any issues related to State and Federal Codes and Standards affecting the design and construction of this project Mr. Keith Henrickson will be the lead construction manager for the project as he brings a great depth of experience in the field of construction management. His latest accomplishment includes the design, entitlement and construction of Bellewe Towers, a 540 unit residential project located in Bellevue, Washington which has a great deal of common conditions with the project proposed in the City of Federal Way. MulvannyG2 Architecture: ARCADD, Inc/Hisham Ashkouri, Architects selected MulvannyG2 Architecture as the main architectural support firm located within close proximity to the project site which would allow for more direct supervision or control of onsite activities. MulvannyG2 is a fuil service architectural and interior design firm headquarter in Bellevue, Washingtan. It has provided award-winning designs in the US and worldwide. T'heir global practice was founded in the northwest over 40 years ago and the firm has grown to be one of the top 3 retail architectural firms in the United States and top 4Q worldwide. MulvannyG2's expertise and experience spanned many market sectors which included large portfolio of city center, mixed-use, and urban type projects such as Redmand City Hall, Bellewe Towers, Seattle Grand Hyatt and Convention Center, Olive 8 and Escala in Seattle, the Greater Tacoma Convention and Trade Center, the Towers on Capital Mall in Sacramento, Construction Bank of China, New World Center in Suzhou, China and much more. In addition MulvannyG2 has had extensive experience working with other architectural firms as part of their practice. � ...���._��._.,�.��.� ___._.�_ MulvannyG2 is licensed in all 50 states, Canada, and China with offices in Bellevue, Washington; Portland, Oregon; Irvine, California; Washington DC; and Shanghai, China. MulvannyG2 has 300 dedicated employees that provide services worldwide with unparallel value, inspired design and leadership. �tZ�� DCI Engineers was selected to join our team as well due to its structural engineering expertise and design services on new and remodeled commercial, residential, medical, educational, governmental, and industrial projects. Specifically, DCI has had an immense amount of experience designing mixed-use developments across the country. Some of these projects included, The Bravern in Bellevue, Washington, Hollywood and Vine in Hollywood, California, and Lovejoy Block l and 2 in Portland, Oregon to name a few. Their staffmembers' experience and expertise has enabled the firm to produce economical desigris — without compromising quality. The fundamental philosophy at DCI has been to operate as one body, exploring creative solutions while remaining abreast of industry advances in the execution of structural engineering. As a result, DCI has pursued new and progressive methods to accomplish their clienYs goals. This set of qualifications would be most needed in maintaining cost control over the project and its implementation. DCI Engineers is licensed in all 50 states, as well as in British Columbia, Ontario and Alberta, Canada. Founded in 1988, DCI Engineers now employs more than 130 engineering, technical, and administrative staff in six offices. Headquartered in Seattle, Washington, the firm also has offices in Spokane and Everett; Portland, Oregon; San Diego, California; and Austin, Texas. PROJECT BUDGET: � >. .� � ; � �, � � �� � �� �� �� � � � � � � t�r �. : ,�� � �;� �. . �_�:,��� � ������ � �,�~�_���. ; �����.�.. The Team has developed a project budget where both expense and income are reported on annual basis and where the cost of the project was broken down into categories including the Crystal Palace, Residential Units, Offices/Retail and Services, Recreation and Parking. Why housing alone is not economically feasible under current market conditions: It is important to highlight that the residential component alone which represents about $100 million in cost provides $77 million net in sales and $1.3 million in lease income, hardly enough money to cover the cost over 30 years. But when one combines the residential units with the Crystal Palace component where the annua.l income is about $25 million, the issue of slow income from residential units becomes less important while giving the project the residential character the City of Federal Way has requested. Therefore, we envision the development of a multi-use facility with business oriented design serving companies of different sizes and types and supporting their sale activities while providing a mix of commercial, retail, services and residential development with supportive underground parking garage with a total annual income of $36.23million or about 5.99 years of pay back for the entire cost of the project. T'herefore the project is not only doable, but is affordable and profitable while having an attractive design uniyue to the City of Federal Way and bold business opportunity for those inside the City of Federal Way and outside within the larger community of the State of Washington and the US. This draft was prepared by: . � Dr. HishamN. Ashkouri, AIA, LEED AP BD+C ARCADD, Inc.lHisham Ashkouri, Architects �������I�� � ...............�..�........._._.........._..._........... ._�... vv.....w ...._.... .,.,,,, .W. ...__..�..�.a._.��...�,. EXHIBIT B-4 Relationship Guidelines. "Crystal Way" Project Design Guidelines to Existing Federal Way Design These guidelines are intended to supplement and/or complement the City's existing design guidelines, found at Chapter 19.115 FWRC et seq. Where judgment or discretion is required to implement the existing FWRC design guidelines, or where conflict may arise, these guidelines are intended to provide additional, more specific guidance. A: Site Planning Guidelines A1: Site Characteristics: Site planning should respond to specific site conditions and opportunities, such as: • Respond to naturally sloping topography by stepping building bulk in response to elevation changes and locating parking access at the lower portions of the site. • Capture solar access and views by arranging buildings and open space with respect to solar orientation and vistas. • Make strong and obvious connections to the adjacent transit center. Arrange commercial uses and functions to enhance corners and activate streets, where feasible. A2: Enhance Street Grid: Improve the street grid and reduce large city blocks by introducing new circulation routes (e.g., vehicle, bicycle and/or pedestrian). • Create a porous and welcoming pedestrian circulation system by providing public access into the site and publicly accessible areas from at least three sides. -Page 1 of 8 - A3: Parking and Vehicle Access: Minimize the impact and amount of on- grade automobile parking and driveways on the pedestrian environment, adjacent properties and pedestrian safety. • Reduce the visibility of parking by using primarily underground parking garages. • Locate parking entrances at lowest portions of the site with the fewest curb cuts possible. • Provide a limited number of outdoor parking spaces for short term parking to increase access to the park and retail services, if feasible. • Minimize exposure of loading bays and integrate such areas into the overall site and building design. A4; Public Space: Public spaces should be planned, designed and constructed to provide for both passive and active activities for visitors, shoppers and residents and become an attractive, urban public space destination in the City Center. In addition to the existing guidelines found at FWRC 19.115.110, the following guidelines sha11 apply: • Provide attractive, safe and visible pedestrian pathways from the surrounding street grid in order to encourage ready and unimpeded visual and physical public access to into the public spaces within the Project; • Utilize attractive, legible and inviting signage and other way-finding methods to encourage public access to the public spaces within the Project. B: Height Bulk and Scale B1: Height, Bulk and Scale: A multi-building site development sha11 endeavor to create variety in the arrangement and design of the buildings so as not to create an overly repetitive composition. • Stagger or vary building heights so as to create a hierarchy of forms on the skyline. • Vary fa�ade orientations among buildings to create a more dynamic development profile. • Employ bulk modification, architectural treatments and/or materials changes to reduce the perception of upper-level bulk. • Use a variety of colors and materials to enhance the massing and/or architectural features that contribute to -Page 2 of 8 - breaking down the perception of overall height, bulk and scale. • Vary the upper-level profile and/or roof forms, as well as architectural expressions among buildings. • In order to reduce the impact of high-rise towers on the pedestrian environment and to provide greater human scale, towers should be grounded with a three- to five-story base or podium, above which the tower should be set back. The base should employ more human-scale architectural elements and materials than the overall tower composition. C: Architecture Guidelines C1: Architectural Concept & Consistency: Bvilding design elements, details and massing should create a we11 proportioned and unified building form and exhibit an overall building concept. • Follow a tripartite architectural delineation and e�ression of base, middle and top. • To further the notion of hierarchy among any proposed highrise towers, consider a unique iconic upper-level or rooftop feature or element to serve as a focal point for the overall development. • The expanse of large building facades shall be broken up through the use of various vertical and horizontal modulation techniques. • While achieving a degree of variability among any proposed highrise components, also employ elements of continuity that will provide an overall cohesive development. C2: Human Scale: Incorporate architectvral features, elements and details to achieve a good human scale and promote activity. • In order to reduce the impact of any high-rise components on the pedestrian environment and to provide greater human scale, high-rise components should be grounded with a three- to five- story base or podium, above which the tower should be set back. The base should employ more human-scale architectural elements and materials than the overall tower composition. • Incorporate canopies and awnings to provide weather protection at street level entrances and retail sidewalks. • Include pedestrian-oriented landscaping at street sidewalks on 20 and 21S Avenues and 316th Street where fa�ade transparency or active uses are not present. -Page 3 of 8 - • Employ artistic treatment or landscaping concealment of ventilation grilles where they are in close proximity to sidewalks or other pedestrian environments. • Use smaller-scale, finer-grain materials, reveals and patterns at sidewalk levels of the building(s). • Use different window systems and pattern for retail, vs. residential uses. • Where appropriate, widen sidewalks and introduce recessed bays to encourage sidewalk displays, cafe tables, benches and landscaping. C3: Entrances: Principal entries sha11 be clearly identifiable, attractive and visible from the street and from primary pedestrian pathways. Overhead weather protection is encouraged. • Use special entry treatments, signage, window patterns and canopies to create a distinctive presence for any residential entries to the Project, different from commercial or retail entries. • Commercial/retail entrances shall also receive special treatment of the canopy and storefront facades. • Define public parking garage entrances with obvious signage and locations while still making this function subordinate and less prominent to the pedestrian entrances and retail features. Recess garage entrance portions from the -prime fa�ade and locate where topography can minimize impacts. C4: Exterior Materials: Building exteriors should be constructed of durable and high quality materials that are attractive even when viewed up close. Materials that have texture, pattern, or lend themselves to a high quality of detailing are encouraged, especially within the base structures and/or within the public or pedestrian realm. • Use a variety of high-quality exterior materials and systems to emphasize certain massing elements, define the general design parti, and distinguish different buildings. • Use materials at ground level that are of a finer grain and promote human scale with more patterning, reveals and texture. C5: Commercial Signage: Signs should add interest to the street front environment and should be appropriate for the scale and character desired in the area. -Page 4 of 8 - • Use architecturally integrated wall signage for major tenants. D: • Tastefully scaled canopy-mounted and wall signage (not back lit} • Blade signage along the sidewalk pedestrian zones. • Develop a Project-wide signage program for retail tenants, way-finding and barrier-free signage. Pedestrian Realm Guidelines D1: Street Life: Orient active vses with transparent window areas toward the adjacent streets and interior pedestrian pathways. Minimize blank wall areas. Activate sidewalks with human activity and/or interest. • The surrounding streets of the development should feature commercial uses and activity, but where grade changes create exposed parking garages or raised terrace conditions, display windows, landscaping & artistic treatment shall be used to buffer and enhance the pedestrian e�erience. Blank walls shall be minimized, landscaped and/or animated. • Where appropriate, use wide sidewalks, building indentations and public plazas to create outdoor cafe and retail display spaces with street furniture, cafe furniture and landscaping amenity areas. • Street frontages will be treated in an urban manner to establish a delineated street wall edge with building storefronts rather than a suburban style set back. Once established, the street wall may be eroded to allow gathering spaces, entrances, cafe space, or landscaping opportunities. D2: Landscaping: Use landscaping for buffers, screens and as a pvblic amenity. • Create an urban landscape through judicious placement of both greenscape and hardscape features in establishing the public open spaces as a central feature of the overall development and as a civic gathering place within the Federal Way City Center. -Page 5 of s - D3: Lighting: Appropriate levels of Iighting should be provided in order to promote visval interest, increase vitality and a sense of security for people in commercial districts during evening hours. Lighting may be provided by incorporation into the building fa�ade, the underside of overhead weather protection, on and around street furnitUre, in merchandising display windows, in landscaped areas, and/or on signage. � Illuminate the sidewalks and public areas of the project. • Illuminate distinctive features of the building, including entries, signage, canopies, and areas of architectural detail and interest. • Allow for lighting in display windows to spill onto the sidewalk. D4: Safety & Security: Design the project to respond to CPTED ("Crime Prevention through Environmental Design") guidelines for defensible and safe public spaces. Appropriate levels of lighting and pedestrian activity should be provided in order to promote visual interest and a sense of security for people in commercial districts durinq evening hours. • Follow the CPTED guidelines and work closely with the Federal Way Police Department to design the project to prevent crime and unsafe situations. • Activate open spaces with adjacent commercial or other active uses that naturally provide visual surveillance and safety - "eyes on the street". • Residential components should be designed to promote overlook onto public open spaces which naturally provides visual surveillance and safety. • Provide access-controlled lobbies. • Public parking areas below grade should be well lit and have visual access to elevator lobbies and other public areas. D5: Screening of Dumpsters, Utilities, and Service Areas: The site and building design shovld locate service elements like trash dumpsters, loading docks, mechanical eqvipment, and utility cabinets away from the street front and other public areas where possible. When elements such as dumpsters, utility meters, -Page 6 of 8 - mechanical units and service areas cannot be located away from the street front and other public areas, they should be situated and screened from view and should not be located in the pedestrian right-of-way. • Minimize the exposure and visual impact of these elements by creating interior shipping & receiving areas and enclosed trash and recycling storage/pick up areas. • Utility connections and meters should either be screened, camouflaged by landscaping or be placed inside rooms in the garage. E: Public Open Space Guidelines El: Open Space Design: Create a system of publicly accessible spaces that includes open space, hard surfaces and green space, and provides a civic and cultural asset for both the neighborhood and the Federal Way City Center. • Offer an urban open space opportunity, both outside and within the Project, that provides for both passive and active uses. • Provide a cultural and civic venue, such as a performance stage, that allows opportunities for public assembly, concerts and other stage performances. Include public art and/or artistic treatments. In addition to hardscape areas, landscaping areas may include planting beds, raised and mounded earth features, natural rock formations, water features, trellised arbors, feature landscape areas including drought-tolerant planting, and variety of drought-tolerant tree species and sizes throughout. a • The public open spaces should also enhance and soften the adjacent buil.dings, entrances and retail uses. In turn, those users will help keep these spaces active and safe with "eyes on the open space" from nearby cafe tables, commercial storefronts, and as viewed from upper-level uses. -Page 7 of 8 - • In order to achieve its desired objective of a public open space, public access must be maximized. Access points must be as numerous as possible, large, inviting, easily traversed from the public rights-of-way, and well signed. F: Sustainability F1: Sustainability: New development shall attempt to redUCe carbon emissions, contributions to global warming, and encoUrage a more walkable and/or transit-oriented lifestyle. � Develop an urban infill project, close to jobs, schools, retail and services in a transit-oriented mixed-use development � Create a livable community that discourages automobile dependence, encourages �walking, community interaction and healthier living by locating in close proximity to services, jobs and daily needs. ■ Strive to design the development to achieve standards qualifying for certification through the US Green Building Council's Leadership in Energy and Environmental Design ("LEED") program (e.g. LEED NC - "New Construction" and/or LEED ND - "Neighborhood Development". -Page 8 of 8 - EXHIBIT C CERTIFICATE OF NON-FOREIGN STATUS Real Property Purd►ase and Sale Agreement Approved by Council 1418-11 28 EXHIBIT D Real Property Purchase and Sale Agreement Approved by Council 1418-11 29 COIJNCIL MEETING DATE: October 18, 2011 CITY OF FEDERAL VVAY CITY COUNCIL AGENDA BILL ITEM #: � �- 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 CATEGORY: ❑ Consent � Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Senior Planner, Janet Shuil MEET[NG DATE: October 3, 2011 ❑ Public IIearing ❑ Other 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 proposa( 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 th �Sh �reline Master Program approved by Resolution 10-597. MAYOR APPROVAL: � l/ � DIRECTOR APPROVAL: Committee Councd PROPOSED COUNCIL MOTION(S): `� ✓ 1� READING OF ORDINANCE (OCTOBER 18, 2011): " I move to forward approva! of the ordinance to the Noi�ember 1, 2011 Council Meeting for adoption. " 2 ND �DING OF ORDINANCE (NOVEMBER 1 , 2011) " I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITYCLERKS OFFICE) COUNCIL AC'I'IOIY: ❑ APPROVED COUNCIL BILL # .5 g � ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment readi� � MOVED TO SECOND READING (ordinances onlyJ ORDINANCE # REVISED - 08/l2/2010 RESOLUTION # COMMITTEE RECOMMENDAT[ON I move to forward the proposed ordinance to First Reading on October 18 2011. � �� „ ` C1iY OF � Federa! Way CITY COUNCIL COMMITTEE STAFF REPORT DATE: To: VIP.: FROM: SUB7ECT: September 27, 2011 Linda Kochmar, Chair Members of the Land Use/Transportation Committee (LUTC) Skip Priest, Mayor . Patrick Doherty, CED Direct � Isaac Conlen, Planning Mana e Janet Shull, AICP, Senior Planne 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 Ecoiogy'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. G 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 Ecoiogy {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 Fina( Approval of Shoreline Master Program P�Be � 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 t�e input of the CAC and the TAC membership and public input at the open house, Washington Department of Fish and Wildlife, Washington Department of Naturat 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 Apri14, 2007) and public comment taken. The City Council Land Use Transportation Committee (LUTC) held a meeting on the SMF Update on May 2 t, 2007, followed by City Council approvai of the Draft SMP Update by resolution on June 5, 2007. Following Councit approval, the draft SIV�P 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 Ado(fson prepared draft revisions including severa( 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 Approvat 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 finat 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 resu(t, 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 #1: Wetland buffers within Shoretine 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 A.pproval of Shoreline Master Program Page 2 CHANGE #2: Increase amount of native vegetation conservation in shoreline setback area in S6oreline Residential and Urban Conservancy Eavironments This required change affects native vegetation retention in the Shoreline Residential and Urban Conservancy Environments as fo(lows: Shoreline Residential Environment: • Increase the minimurn 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 shoreiine setback areas. Urban Conservancy Environment: • Increase minimum amount of native vegetation from 70% to 85% within shoreline setback areas; and • Increase the minirnum 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 levet of protection for sensitive shoreline environments without adding significant added restriction on the use of shoreline properties. E. NEXT STEPS — OPTIONS FOR CONS[DERATION Pursuant to RCW 90.58.090(2xe) 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 aiternative Proposal for DOE review and consideration. F. RECOMMENDED ACTION Staff recommends the final approval of the SMP as passed by Resotution 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 approvai of the SMP as passed by Resolution 10-597 with changes as required by the Department of Ecolog,y as outlined in their August 30, 2011 Conditional Approvat Letter; and authorization of submittal of a letter of agreement to the required changes tct the Department of Ecology. K:�Shoreline Master Program�2011Final Adoption�I.UTC Report.DOC City Council Committee Staf�Report Meeting Date: October 3, 2011 Final Approval of Shoreline Master Program Page 3 sT.�r ��� E F� C p _ y 6 �;r. �Z ��'''C �t869 �.e� STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO 8ox 47600 • Olympia, WA 98504-7600 • 360-407-6000 7i 1 for Washington Relay Service • Persons with a speech disability can call 877-833-6341 August 30, 2011 RECE�VED BY COMMUNiTY DEVELOPMENT DEPARTMENT SEP 0 2 2011 The Honorable Skip Priest, Mayor City of Federal Way 33325 Eighth Avenue South Federal Way, WA 98003 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) Upda.te. 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 altemative proposaI. Ecology wiil 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 Ianguage that meets statutory and Guidelines requirements. _ � , L �� ����rz 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 Corrunittee 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 ques#ions or would like to discuss the changes identified by Ecology, piease contact our Regional Planner, David Pater, at David.Pater(a�ecy.wa.gov/ (425) 649-7145. Sincerely, �� � � ���� Ted Sturdevant Director Enclosures By certified mail (7003 1010 OOUS 0569 1123J 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 ATTAC�IlVIENT 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 Prepazed by David Pater, on August 5, 2411 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 33 Miles of freshwater shoreline including: the northwest shore of Lake Killarney, 46 acre Steele Lake and 55 acre North Lake, both aze located entirely within the city limits. Current land use on the City's shoreline is dominated by residential development with a few park azeas. 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 azea 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 tJpdate 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 ihe 2010 SMP Update and authorized staff to forward ihe 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 Mazch 8, 2010, in compliance with the requirements of WAC 173-26-120, and as follows: The state comment period began on March 1 l, 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 Apri127, 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(3j, (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 "applicabie guidelines" (Chapter 173-26 WAC, Part IIn: The proposed amendment has been reviewed for compliance with the requirements of the applicabte 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. Cousistency 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 deternunation was published in the Federal Way Mirror on March 31, 2007. Ecology did not camment on the DNS. Other Studies or Anatyses 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 flpri12010 shoreline restoration plan 2 Summary of Issues Raised During The PubGc 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 fmal 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 hazazd maps; it was concluded that Geo-hazazds 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. (S) Shoreline Uses (c) Setbacks (a) If single family residential development is proposed on a lot where properties on at least one side of ihe lot are developed in single family residences located less than SO 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 1 S.OS. 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 standazds. Adopting an SMP with many key dimensional and light transmission elements of the US Army Corps Regional General Pernut 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 # 1 Changes are Needed to the Environment Maps to Protect Remaining Intact Areas Futurewise reviewed the shoreline environments map and compazed it to the development patterns observed using Google Earth. Discrepancies were found between the proposed environment designations and the shoreline environment designation criteria. There aze 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 reguired 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�rom 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 aze undeveloped it also is platted for medium and low density single family residential development. Application of the natural environment to these azeas 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. :� Lake Shorelines: Ecology/Federal Way discussions particulazly focused on associated wetlands for Steele and North Lakes. Some of these azeas 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 criticai 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 calIs for a residential shoreline environment. A parallel designation may have been appropriate. But given City concems about split designa.tions on a single pazcel, and the fact that applying a more protective designation doesn't translate into more environmental protection; Ecoiogy 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 Remainin� 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 azeas we recommend for Urban Conservancy have similar vegetation chazacteristics or have rural character with large setbacks and partial vegetation. Under the proposed setbacks, these areas with 100 feet of intact vegetation would tose 65% of their area even though they can accommodate a I00 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. OS. 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 impossibte to do . E 2C: Si�oreline 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 azeas, 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 1 S. OS. 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 developmenl. Ecolo��ponse: In further review of the vegetation conservation standards ( 15.Q5.080 (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 ecologicaI 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 IS% 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 Concems 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 standazds 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.i This system has the advantage of incorporating the current science on wetlands, which the SMA requires, and most wetland consultants and scientists aze 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; I 00 feet for Category 2; and 50 feet for Category 3. The Ecoiogy recommendations based on science are to use 4 categories, with buffers of 300 feet for Category I wetlands, 300 feet for Categ�ory II wetlands, 150 feet for Category III wetlands, and 50 feet for Category IV wetlands. Thus the proposed wetland setbacks � aze 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 aze mitigated. A criterion is needed in all of these sections tha.t 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 ciry 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 established for the Shoreline Environment Ecology Response: City Staff explained to Ecology that shoreline wetland buffers are mainly in a degraded condition and that additional protection such as lazger 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 standazds within the SMP. Additional Ecoiogy analysis and City information on the wetlands associated with City lake shorelines indicate that while the wetiands 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) CriticaI Areas: When 15.10.270 (Structures, im�rovements, and clearing and grading within regulated wetland bu,�'ers), subsections (� Wetland Buffer Reduction and (6) Modi�cation 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 criticat azeas 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): "�hen a restoration project includes non-restoralion elements, such as docks, shoreline stabilization structures, etc., the non-restoration elements shall be reviewed separately, fi-om the remainder of the restoration project. " City Response: City wants to have policies that encourage restoration and not discourage it. Elements o�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 SNIP standards to all projects. Summary of Issues Identified by Ecotogy as Relevant To its Decision: AIl 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 attachxnent 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 regardirig 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 SNIP amendment process. , Ecotogy 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 conciudes that the City of Federal Way has complied with requirements of Chapter 43.21C 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 173-2b-120. Ecology concludes that the City of Federai Way has chosen not to exercise its option pursuant to RCW 90.58.030(2} (fl (ii) to increase shoreline jurisdiction to include buffer areas of all critical azeas within shorelines of the state. Therefore, as required by RCW 36.70A.480(6), for those designated critical azeas with buffers that extend beyond SMA jurisdiction, the critical area and its associated buffer sha11 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 partion of the buffer area that lies outside of SMA jurisdiction. All remaining designated critical azeas (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. � Attachment B: Required changes to the 2010 Federal Way Shoreline Master Program Update � Strike out tezt indicates existing sections that need to be removed from the SMP. Underlined tegt indicates sections that need to be inserted into the SMP. Articte 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 clearin�; and gradin wg ithin re�ulated wetland bu,�rs) subsections (51 Wetland Buffer Reduction and (6) Modi�cation are utilized for a proiect proposal, a shoreline variance permit is required if the overall proposed buffer width reduction exceeds 25 percent. Section 5 S6oreline Regulations: 15.05.080 Shoretine Residential Environment. (3) General Rec}uirements (e) i�egetation conservation area. The required setback area shall be considered a vegetation conservation area. Within the vegeta.tion conservation area, no more than �8 30 percent of the area with existin native shoreline vegetation shall be cleared, and a minimum of 68 70 percent of existing native trees sha11 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 repiacement plantings that are demonstrated to provide greater benefit to shoreline ecological processes than wouid 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 azea. Within the vegetation conservation area, no more than �A 15 percent of the area with existin native shoreline vegetation shall be cleared, and a minimum of �8 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. Tabie (15.05.070 (6) Vegetation Conservation �,��:•., �� �;�: � R . �.�.:�� � � . �� �: � _ .�:�r.�'F �.. �:� �-, � ��.�u:� r # en � � - '� Shore�`u�e Resyden�l� ��' �itrt���r��s �" `�iatt�rat� � � � � � ti ,�-,. �n� ���.:�,� ,>,.� , �. � General standards for ail development and uses further detailed b s ecific use re ulations below Hei ht 35 feet 35 feet 35 feet Shoreline 50 feet from OHWM or as 50 feet from OHWM or as 100 feet from OHWM or setbacks required for protection of required for protection of as required for protection critical areas, whichever is criticat areas, whichever is of critical areas, reater reater whichever is reater Vegetation Conserve 58 70% Conserve �A 85% conservation (minimum) of native (minimum) of native Conserve 100°k of native area vegetation and 6A 70% vegetation and �A 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, retating to amendments to the City's comprehensive pian adding a new Chapter 11 "Shoreline Master Program"; repealing Comprehensive Pian Section 2.8.5 "Shoreline Master Program"; repealing exisNng Title 15 FWRC; and adding a new Titie 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 W�IEREAS 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 sta.te, 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 1 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 ineetings by mail and other means, and maintaining an SMP mail list; and WHEREAS, the city incorporated technical feedback on the SMP update by forming a Technical Advisory Committee to review draft products and provide comments and feedback; and WHEREAS, the Ciry 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 forwazded a recommendation to approve, with minor modifications, the upda.ted SMP; and WHEREAS, following passage of Resolution 07-500 by the Ciry 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 Na I 1- 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 re.vised 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 forwazded a recommendation to approve the proposed revisions; and WEiEREAS, 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, 201 l, the Department of Ecology issued a Conditional Approvai letter that specifies required changes to the revised SMP Upda.te 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. Findin�s 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 Reguired Chan�es 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 Ecolog�Required Changes. The City of Federal Way Shoreline Master Program Update passed by Resolution 10-597 as updated by changes required by the Departxnent 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, 200$, 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. Severabilitv. The provisions of this ordinance are deciared separate and severa.ble. 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 sha11 remain in full force and effect until these amendments become operative upon the effective da.te of this ordinance. Ordinance No. ! I- 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 da.y 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. I 1- Page 6 of 6 Rev 1/10 CP CHAPTER ELEVEN - SHORELINE MASTER PROGRAM 11.0 Purpose and Responsibilifiy Washington's Shoreline Management Act, Chapter 90.58 RCW (SMA), was passed by the State Legislature in 1971 and adopted by the pubtic 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 shore(ines by unplanned and uncoordinated developmen� T'he goa( of the SMA is, ".. _to prevent the inherent harm in an uncoordinated and piecemea( development of the state's shorelines_" The overarching SMA po(icy is to manage shoreiines of the state by planning for and supporting reasonabie and appropriate uses whi(e protecting against adverse impacts to pub(ic health, the tand and its vegetation and wi(dtife, and the waters of the state and their aquatic life. The primary responsibility for administering the SMA is assigned to tocal governments through the mechanism of Shore(ine Master Programs (SMP), adopted under guidelines established by the Washington State Department of Ecotogy ("Ecoiogy"). 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 tai(ored to the specific conditions and needs of individuat communities. The SMP is also meant to be a comprehensive vision of how the shoreline area wi(I be used and developed over time. Accarding to Substitute Senate Bit( (SSB) 60t2, passed by the 2003 Washington State Legislature, cities within King County are required to amend their tocal SMPs consistent with Ecoiogy'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 technicai and scientific information into the SMP. At the time of incorporation in 1990, the City of Eederal Way ("City'� adopted King County's Shoretine 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 deveiopment regulations for the shoreline_ As of January 2005, newly annexed areas inc(uded the eastern shore of North Lake and the northwestern shore of Lake Killarney. All of the takes within the City's potential annexation area (PAA) are govemed by county shoreline regulations. The goals and policies contained in the SMP are incorporated into the EWCP within this Shoreline Master Program chapter. Development regulations contained in the SMP are incorporated in the Federal Way Revised Code (FWRC) "['itle 15, Shoreline Management. �H�BIT �' : � �-� .,,° � 2 � � OF � _. _ .� �_ _ _ :, -�..e...�.... FWCP - Chapter Eleven, Shoreline Master Prog�am 11.1 Shoreline Jurisdiction Under the SMA, the shoreline jurisdiction includes waters that have been designated as "shore(ines of statewide significance" or "shorelines of the state" and adjacent lands or "shoreiands." Shoretine jurisdiction includes all the designated water bodies and the (and under(ying them, p(us their associated shorelands, which inctudes land extending iandward for two hundred feet in all directions from the ordinary high water mazk (OHWM), floodways, and contiguous floodplain areas (andward 200 from those floodways, and ail 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[2])_ Genera(ly, "shorelines of statewide significance" include portiotzs of Puget Sound and other marine waterbodies; rivers west of the Cascade Range that have a mean annuai flow of l,000 cubic feet per second (cfs) or greater; rivers east of the Cascade Range that have a mean annual #low of 200 cfs or greater; and freshwater lakes with a surface area of 1,000 acres or more. "Shoreiines of the state" are general(y described as alt marine shorelines and shore(ines of ali other streams or rivers having a mean annual flow of 20 cfs or greater and (akes with a surface area greater than 20 acres. The shoreline jurisdiction within the city (imits of the City of Federal Way encompasses approximatety t 6.9 mi(es of shoretine. It includes all of the Puget Sound shoreiine in Eederal Way (about 4.8 miies), including areas waterward of the OHWM which extend to the iine of extreme low tide. Approximate(y 12.1 miles of shoreline are found aiong freshwater takes. The lakes currently within the city iimits are: Stee! Lake; The northwestern shore of Lake Kil(arney; 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 loe's Creek and Lakota Creek discharge to the Puget Sound shoreline. The mouths of these streams and the upstream extent of tida( inEluence are considered under shoreline jurisdiction because of their association with the Puget Sound shoreline. Five freshwater lake shorelines are tocated 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 Miie Lake. The portions of Puget Sound within the city limits waterward of the line of extreme tow tide are defined as "shorelines of statewide significance" (RCW 90.58.030[2][e](iii]). Under the SMA, the shoreline area to be regu(ated under the City's SMP must inctude marine waters, lakes, and shoretands, 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). .y EXHIBIT`� _ _ ,� �„ F 2� � --. FWCP — Chapter Eleven, Shoreline Master Program 11.2 Compliance in Federal Way The SMA establishes a cooperative program of shoretine management between tocal 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. Compitation of a comprehensive inventory that includes a survey of natural characteristics, present iand uses, and patterns of property ownership; 2. DeveioQment 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 vatues of resources, existing (and use, and ownership patterns a(ong 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 locai citizens and stakeholders, who assisted in developing goals and policies, which form the foundation for the SMP. 11.3 Public involvemen# T'o conduct the SMP update, City staffand ESA Adolfson prepared draft components of the City's SMP, worked with a Citizen's Advisory Committee (CAC), sought review from a�I'echnical Advisory Committee (TAC), and presented findings to the P(anning Commission and the City Council Land UselTransportation 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 hetd 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 pubtic notices on the City's website. Six meetings were heid with the CAC between July and December 2006. Citizen comment was integrated into the shoreiine inventory, shoreline environment designations, and goals & policies section of the SMP. Technical documents were routed to the TAC, inctudirig 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` _ 2oa a 2 PAG FWCP - Chapter Eleven. Shorelir�e Master Program "fhree 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 pubtic testimony during the March 28'� Planning Commission meeting. Additional public comment was taken and response given during the LUTC meeting on May 21, 2007. The City Counci! passed the SMP by resolution on June 5, 2007. [n July of 2007, the Council-approved SMP was submitted to Ecology for review and comment. The City of Federai Way received official Ecology review comments in January 2009. City staff, ESA Adolfson, and Ecology staf�worked coliaborativeiy to prepare draft revisions to the SMP that responded to the of�cial Ecology comments_ Former membecs of the SMP CAC, TAC, shoretine property owners, public agencies, and other parties of interest were notified of the avaitability of the revised SMP documents. On August 4, 2010, a pubtic 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, 20t0, 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 O�cia( 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 Apri128, 2007. 1 l.4 Relationship to City Code The set of shoreline goats and policies in this chapter provide the foundation and framewock on which the ba(ance of the master program has i�een based_ The policies contained herein are enforced through FWRC Title I5, "Shoreline Management," and any other applicab(e sections of the FWRC. Article II of FWRC Chapter 15_OS inciudes all of the sharetine regulations that enforce the goals and policies of the SMP. The foitowing is a list of the primary subsections of Chapter 15.05, Article Q. T'hese sections are listed here to illustrate how the SMP goals and policies aze (inked to the regutatory document. Chapter 15.05 (Shoreline Management), Article II (Shoreline Regulation) Sectioa 15.05.040 — Ceneral 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 [I adopts Critical Areas and Fiood Damage Reduction regulations (as Chapter 15.10 and Chapter i 5_ 15 of Title l5). �o�, �� EXHiBt� A _ __ __� : _�.�, r— .� r,� 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 etements of this Chapter. • Section 15.45.060 — Environment designations. [ntroduces the system of environment designations, consistent with the Shoreiine Environments section of this Chapter. • Section 15.05.070 — Summary of Uses, Approva[ Crite�ia and Process. Provides a graphical summary of the use and deve(opment regulations defiaiied in other sections of Article II. • Section 15.05.080 — Sho�eline residential environment. Provides regulations specific to the shoreline residentia( environment, consistent with the goais and poticies for the shoreline residential environment within this Chapter. • Section 15.05.090 — Urban conservancy environment. Provides regutations specific to the urban conservancy environment, consistent with the goals and policies for the urban conservancy environment within this Chapter. • Section 15.05.100 — Natura[ environment. Provides regutations specific to the natural environment, consistent with the goals and policies for the natural environment within this Chapter. 11.5 Shoreline Use Element This etement 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 shore(ines in Eederal Way are more wide(y used for residential purposes than for any other use. Much of the undeve(oped shoreline is privately owned, subdivided into sma(I (ots, and zoned to permit residential development. Goat SMPGl 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 azeas particutarly suited for specific and appropriate uses should be designated and reserved for such uses. SMPP2 Shoreline land and water uses should satisfy the economic, socia(, and physical needs of the regional population, but should not lead to a net loss o � EXHiBI1�____�.-_ _ .-- nn�C GL �F 2�' zo� � ��t�--=xr-r— FWCP — Chapter Eleven, Shoreline Master Program ecotogical functions in the shoreline areas. SMPP3 Like or compatible shoreline uses should be ctustered or distributed in a rational manner, rather than aitowed to develop haphazardly. SMPP4 Multiple uses of shoreline should be encouraged where (ocation and integration of compatible uses or activities aze feasible. SMPPS Shoreline ecotogical 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 Federat Way should consider the goats, objectives, and policies oPthe SMP in al1 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 wou(d adverse(y impact designated critical areas as identified in FWRC Title I5. a. Ati development shou(d be prohibited within the 100-year floodplain, except single-family residential and water-dependent or water-related uses. b_ Ait deveiopment should be prohibited in shoreline areas of severe or very severe landslide hazard. c. Alt deveiopment should be regu(ated 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 imptementing 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 ofshoreline 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 EXH�BI�` � _ �„ .��F 2 ._.. '�,�,.,�: FWCP - Chapter Eleven, Shoretine Master Progr�n 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 ioss 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 deveiopment on piers or over water is prohibited. c. Landfill for residential development that reduces water surface or floodplain capacity shall not be permitted. d. [n 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 shoreiine uses. SMPP12 Residential densities should be determined with regard for the physica( capabilities of the shoreline areas and public services requirements and inctude the following consideratians: a. Subdivisions and new development shouid be designed to adequate(y 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 adverseiy � affected by pollution or siltation. c: Residential development atong 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. Residentiai developments shoutd be designed to enhance the appearance of the shoreline and not substantia(ly 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 shouid be considered when determining standards for residential development pattems within the shoreline environment. SMPP13 Residentiai subdivisions in shoreline areas should provide pubtic pedestrian access to the shore(ines within the development in accordance with the public access and recreation etement of this master program. SMPP14 Developers of recreationai projects such as summer homes, cabins, campgrounds, and similar facilities should satisfactorily demonstrate: E X� i� i T` �--_ Y �..,.,�. . PAGE._?_OF 2� �„ �� �WCP — Chapter Eleven, Shoreline Master Program a. The suitability of the site to accommodate the proposed devetopment without adversely affecting the shoreline environment and water resources. b. Adequate provisions for all necessary utilities, including refuse disposal. Goai SMPG3 Shoreline areas designated by the F'WCP and the SMP to allow for commercial development shall permit a variery of commercial and office park development types. New development or expansion of existing commercial and office uses should result in no net loss ofshoreline ecological functions. Poticies SMPP15 Consideration should be made of the effect a structure wilt have on scenic value, and when feasibie, should include opportunities for public access to shore(ine 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 ecotogica( functions. SMPP17 The use of porous materials and other tow impact development design atternatives shou(d be encouraged for paved areas to aitow water to penetrate and perco(ate into the soil. Use of holding systems should be encouraged to control the runoff rate from parking tots 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 loca( best management practices should be implemented to protect the natura( 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 Commerciai aquacalture 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, consmiction, and maintenance of utility facilities must comply with the requirements of SMP regulations and other federal, state, and local laws, and resu[t in no net loss of shoreline ecological functions. i_. �i �`�'� � �s' 1 � � - -- .�-�:_.� I�oC�G �3 � . �„ --,��F Z FWCP -Chapter Eleven, Shorelir�e Master Program Policies SMPP21 Utilities that could a(low for growth should not be extended into or along shorelines without prior approva( 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 utitities, utility construction shoutd be encouraged to (ocate where it can be shown that water quaiity wilt be maintained or improved. SMPP24 Federat Way should be consutted prior to, or at the time of, application for construction of regionat 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. Pubtic access or view corridors would be improved. b. Concentration or sharing would not hinder the abiliry of the utitity systems to be instal(ed, operated, or maintained safely. c. Water quality would be as good as or better than if separate conidors were present. SMPP26 Pubiic access should be encouraged where rights-of-way for regionai utility facilities cross shorelines in the City, and where public safety and faci(ity security wou(d not be compromised. SMPP27 New utility faci(ities should be tocated 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 naturai landscape and minimize conflicts with present and planned uses of tt►e land on which they are located. SMPP29 New utility facilities and rights-of-way sho�(d be located and designed to minimize detrimenta( visual impacts from the water and adjacent uplands. SMPP30 New freestanding personal wireless service facilities are prohibited from locating within the shoreline environment. Goat SMPGS Limitshoreline 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 � /��i � � � � �. _ _ t , '°".�"� • �A(,G ��F ZCo 2091 � FINCP — Chapter Eleven, Shoreline Master Program Policies necessary to protect existing improvements. SMPP31 Shoreline stabilization should be allowed only if it is ctearty demonstrated that shoreline protection is necessary to protect existing improvements. SMPP32 Struciucat solutions to reduce sfioreline erosion shouid be allowed on(y after it is demonstrated that nonshuctura( solutions, such as bioengineering or soft- shore armoring, would not be able to protect existing development. SMPP33 Planning of shoreline stabilization should encompass sizabte 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 Shore(ine stabilization on marine and lake shorelines shou(d not be used as a means of creating new or newly developable land. SMPP35 Shoreline stabiiization structures should ailow passage of ground and surface waters into the rr►ain water body. SMPP36 Shoreline stabitization should not reduce the volume and storage capacity of streams and adjacent wetiands or flood plains_ SMPP37 Whenever shoreiine stabilization is needed, bioengineered a(tematives such as naturat 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 devetopments or proposed redevelopments rests on the applicant. SMPP39 Shoreline stabi(ization activities that may necessitate new or increased shoreiine protection on the same or other aE�ected 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 sigtiificance in the spawning, nesting, rearing, or residency of aquatic and terrestrial biota should be given special consideration in review of proposed shore(ine stabilizaxion activities_ SMPP42 Shoreline stabilization activities should be discouraged in areas where they would disrupt natural feeder bluffs processes important for maintaining beaches. �XHiBI�` �' - _ _ .� - PACE l� pF �� _—�_ . �„ ,�_,o FlNCP — Chapter Eleven, Shoreline Master Program Goal SMPG6 Docks and moorages should be allowed ►vhen associated with residential, recreational, or other public facilities. The design, locqtion, and construction of any dock, pier, or moorage should avoid, to the greatest extent possible, adverse effects on shoreline ecoiogical functions. Policies SMPP43 Open pile construction should be preferred where there is significant tittora( drift, where scenic vatues wiil not be impaired, and where minirr►al a(teration to the shoreline and minimai damage to aquatic resources can be assured_ SMPP44 Piers, floats, and docks should be prohibited or permitted as a conditionat use where conElicts with recreationai boaters and other recreationai water activities would create public safety hazards. SMPP45 Where new docks are al(owed, new residential development of two or more dweilings should be required to provide joint use or community dock faciiities, when feasible, rather than allow individual docks for each residence. SMPP46 Temporary moorages should be permitted for vesse(s used in the construction of shoreline facilities. The design and construction of such moorages shali be such that upon termination of the project, aquatic habitat can be retumed to original condition within one year at no cost to the environment or the public_ SMPP47 Shoretine structures that are abandoned or structurally unsafe shoutd be removed. SMPP48 Docks, buoys, and other moorages should only be authorized after consideration of a The effect such structures have on wildtife and aquatic life, water quality, unique and fragile areas, submerged tands, and shore(ine 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. EXH�Bi°� � _ _ : . , �AGE�OF 2� _ _ �„ �-�, FWCP - Chapter Eleven, Shoreline Master Program 11.6 Pubiic Access and Recreation Element This element addresses the preservation and expansion of all types of public access and recreational opportunities through programs of acquisition, development, and vazious means of less-than-fee acquisition_ Goat SMPG7 Increase public access to and enjoyment of shoreline areas through improvements to physical access on pub[icly owned lands and improved visual access, provided that private rights, public safety, and shore[ine ecological functions remain intact. Policies SMPP50 Deveiopment of pubiic access should respect and protect private rights that � are held on shoreline property. SMPP51 Public access should be maintained and regulated. a. Pub(ic access shou(d 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, fragite aquatic life habitats, or potentiat 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 physicat and visual access to the shoreline should be encouraged. c. Public access to and along the water's edge should be made availabte in pubiicly 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 pianning goa(s and po(icies. a_ Acquisition and deveiopment of shoreline properties should be consistent with criteria and standards as part of an overall park and open space master ptan. b. Where appropriate, utitity and transportation rights-of-way on the shoceline should be made avaiiable for public access and use, consistent with the shoreline use and circu(ation eiement policies. c. Where appropriate, publicly-owned street ends that abut the shoreline should be retained andlor reclaimed for public access, consistent with the 207i �:.�it°� � � �� - �,�-�--_ t2(��Z�� �'A�E -- FWCP — Chapter Eleven, Shoreline Master Program circu(ation element policies. d. Shoreline recreational facilities and other public access points shou(d be connected by trails, bicycle pathways, and other access links where possible. SMPP54 Public access shou(d be provided in new shoretine developments. a. [ncentives should be used to encourage private property owners to provide public shoreline access_ b. Pubtic pedestrian easements should be considered in future land use authorizations, and in the case of projects a(ong lakes, streams, ponds, and marine lands, whenever shoreline features are appropriate for public use. Shorelines of the City characterized by the foliowing shoutd be considered for pedestrian easements: 1. Areas of significant, historical, geotogical, and/or biological features and (andmarks. 2. Areas presently being legally used, or historicalty having been tegally used, by the public atong the shoreline for access. 3. Where public funds have been expended on or related to shore(ine 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, iookouts, and vistas of shorelines. b. New deve(opments should minimize visual and physical obstruction of the water from adjacent roads and pub(ic properties. SMPP56 Physical and/or visua( access to the water shou(d use steep slopes, view points from bluffs, stream valleys, and features of special interest where it is possible to place pathways consistent with pubfic safety and without requiring extensive flood or erosion protection. Goat SMPG8 Provide additional shoreline dependent and water oriented recreation opportunities that are diverse, convenient, and adeguate for the regional population, and that will not result in a net loss of shoreline ecological functions. Policies SMPP57 Areas containing speciat shoreline recreation qualities not easiiy duplicated should be avai(able for public use and �njoyment. a. Opportunities should be provided for the public to understand natural shoreline processes and experience naturat resource features. � ��n���� � � �a� `2�O �� 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 pubtic safety. SMPP58 Shoreline recreationai use and development should enhance environmentai quality with minimat adverse effect to natural resources. a. Stretches of relatively inaccessibie and unspoiled shoreline shouid be availabie and designated as low intensity or passive recreational use areas with minimal deveiopment. Service facilities such as footpaths, periphery parking, and adequate sanitary faciiities should only be located where appropriate, considering both public safety and preservation of shoretine eco(ogicat functions. b. Beaches and other Qredominantly undeveioped shoreiines currently utiiized 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 azea. c. Small or linear portions of the shoreline suitab(e for recreational purposes should be availab(e 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 floodplains, street ends, steep slopes, and shoreline axeas adjacent to waterfront roads. d. At suitable locations, shoretines should be made avai(able and designated as high intensive use areas that provide for a wide variety of recreationat activities. e. Overall design and development in shoreline recreational areas should be sensitive to the physical site characteristics and be consistent with #he level of use in the acea concemed. f. Recreation areas and ancillary facilities on or adjacent to the shoreline should have adequate surveil(ance and maintenance. g. Non-water oriented recreational facitity development should be setback from the water's edge, except where appropriate in high intensive � shoreline use areas. SMPP59 The provision of adequate pubtic shoreline recreation lands should be based on an acquisition QIan that is consistent with overal( goa(s 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 possibte. SMPP61 A balanced variety of recreational opporiunities should be provided for people of different ages, heaith, family status, and financial abi(ity. a Shoreline recreation areas shoutd provide opportunities for different use EXH��Ifi�. - . , � � �o, � ` ��� E i 4 � f° ___, FWCP - Chapter Eleven, Shoreline Master Program intensities ranging from low (soiitude) to high (many people). b. Opportunities for shoreiine recreational experiences should include developing access that accommodates a range of differences in people's physicai mobi(ity, capabi(ities, and skill levels. c. Recreational deve(opment shoutd meet the demands of poputation growth consistent with the carrying capacity of the land and water resources. Goal SMPG9 Recreational ezperiences that depend on, or utilize, the shoreline {including: harvesting activities offish, shellfish, fowl, minerals, and driflwood,• various forms oJboating, swimming, and utilization of shoreline 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 [ocal 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 iife couid be observed with minimal interference. SMPP63 During storm events, hazardous conditions, or emergencies, temporary use of public recreational shoreline areas by boaters should be aliowed. SMPP64 Prime fishing ateas should be given priority for recreational use_ SMPP65 Recreational shelifish harvesting shouid be allowed on pubtic beaches subject to ru(es, reguiations, and periodic ctosures by Washington Department of Health and/or Washington Department of Fish and Wi(dlife. SMPP66 Boating activities that increase shore erosion should be discouraged. SMPP67 Effective interQretation should be provided to raise the quatity of visitor experiences and provide an understanding of aquatic and shorelme resource. 11.7 Conservation and Restoration Element This e(ement promotes and encourages the conservation of natural shoreline resources and shoreline ecological functions, considering but not iimited to, such characteristics as scenic vistas, pazks 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. �XH��l1` � ,� 20„ w-,5 F Z t FWCP - Chapter Eleven, Shorefine Master Program Goai SMPG 10 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, geologicaliy hazardous areas, regulated wetlands, and streams according to measures provided in this SMP. These include shoreiine environment designations, allowed uses, development standards and regulations, and mitigation for unavoidabie impacts. They should also be consistent with the policies contained in FWCP Chapter 9, "Nahtral Environment." SMPP69 Develop standards, buffers, and mitigation requirements for designated critical areas in the shoreline consistent with city-wide regulations. Goai SMPG11 Assure preservation of unique and non-renewable natural resources and assure conservation of renewable natural resources for the benefit of existing and f'uture generations arrd the public interest: Poticies SMPP70 Ail 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 quaiity_ SMPP71 Shorelines that are of unique or valuabie 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 imptementation of setback, clearing and grading, and mitigation standards for development activity. SMPP73 Resource conservation should be an integrai 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 �„ EXH�BI� �_ _ � , . �'�GE �.. � " �� FWCP - Chapter Eleven, Shor�i�e Master Program shorelines should be recognized and preserved as valuable resources. a. When appropriate, natural flora and fauna should be preserved. b. [n shoreline areas, the natural topography should not be substantiatly altered_ c. Shoreiine structures should be sited and designed to minimize view obstruction and shouid be visually compatible with the shoreline character. d. Wiidlife and aquatic habitats, including spawning grounds, should be protected. SMPP75 Resources should be managed to enhance the environment and prevent a net loss of shore(ine 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 ecologicai functions of the shoreiine should not be atlowed without mitigation as required by SMP regulations and FWRC Titie 14, "Environmentat Policy." SMPP76 Criticai salmonid habitats, including saltwater and freshwater habitat used by Pacific saimonid species, support valuab(e recreationat and commercial fisheries and should be protected for their importance to the aquatic ecosystem, as well as state and locat economies. �„ a. Non-water-dependent and non-water-related uses, activities, structures, and landfi(is should not be located in critical salmonid habitats_ b. Where uses, activities, structures, and landfiiis must locate in critical salmonid habitats, impacts on these areas should be lessened to the maYicnum extent possible. Significant unavoidable impacts should be mitigated by creating in-kind replacement habitat near the project where feasible. Where in-kind replacement tnitigation is not feasible, rehabi(itation of out-of-kind or off-site degraded habitat should be required. Mitigation proposats should be deveioped in consultation with the City, the State Department of Eish and Witdiife, and any affected [ndian Nations. c. Devetopment that is outside critical salmonid habitats that has the potential to significantly affect said habitats shouid be located and designed as to not create significant negative impacts to said habitats. d. Whenever feasible, bioengineer'mg should be used as the bank protection technique for ail streams considered to have critica( salmonid habitat. e. Whenever feasible, open pile bridges should be used for ali water crossings over areas considered critical satmonid habitat. f. Impervious surfaces should be minicr►ized in upiand developments to reduce stormwater runoff peaks. Structures and uses creating significant impervious surfaces should include stormwater detention systems to EXHi�11` � -_ �._�:_ : PAGE�"�F 2� FWCP — Chapter Eleven. Shoreline Master Progr�n reduce stormwater runoff peaks_ g. The discharge of silt and sediments into waterways shalt be minimized during in-water and up(and construction. h. Adopt-A-Stream programs and similar efforts to rehabiiitate criticat saimonid 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 eariy in the development process to determine if the proposal wil( occur in oradjacent to critical saimonid 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 staffshould contact the Habitat Division of the State Department of Fish and Wildlife to determine if the proposal wil( occur in or affect any adjacent critical habitats. Staffshould also contact affected Indian Nations. SMPP77 Use the City's established permit tracking program to periodicaily evaluate the effectiveness of the SMP for achieving no net ioss of shore(ine ecological functions with respect to shoreline permitting and exemptions_ Prepare an eva(uation 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 governmentai and non- governmental organizations to explore how tocal governments can contribate to the preservation and restoration of ecologica( 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 weli as other anadromous fisheries. Goal SMPG13 Pursue projects to restore and enhance shoreline habitats and processes on publicly owned lands. EXHiBI�` � ��, 2� -. _ FlNCP — ChaPter Eieven. Shoreline Master Progr�n Poticies 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 Shoreiine Inventory and Characterization Report and SMP Restoration Plan. SMPP83 Promote vegetation restoration, and the controt of invasive weeds and nonnative species to avoid adverse impacts to hydrology, and to reduce the hazard of siope failures or acceierated erosion. SMPP84 Develop a program to implement restoration projects, iricluding funding strategies. SMPP85 Monitor and adaptively manage restoration projects. Goal SMPG14 Encourage voluntary restorntion projects on private property in degraded shoreline environrnents_ Policies SMPP86 Create incentives that wi!( make it economically or othenvise amactive for development proposals to integrate shoreline ecologicat restoration into development projects. SMPP87 Encourage protection, enhancement, or restoration of native ripacian vegetation through incentives and non-regulatory programs. SMPP88 Promote bioengineering and/or soft engineering a(ternative design approaches to shoreiine stabi(ization and provide technica( guidance to shoreline tandowners. SMPP89 Establish pub(ic education materia(s to provide shoreline landowners technicai assistance about the benefits of native vegetation plantings. Goat SMPG15 Provide ample opportunity for the public to learn about the ecological aspects and community values of the City's shorelines. EXH��O�` � ,�..�� �„ �'AG � 9 � z� . FWCP — Ch�ter Eleven. Shcueline Master Program Policies SMPP90 Explore opportunities with other educationai organizations and agencies to develop an on-going program of shoreline education for alt ages. SMPP91 Identify areas where kiosks and interpretative signs can enhance the educationai experience of users of the shoreiine. 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 cuttural resources that are located in or associated with Federai Way's shorelines. Such resources may include historic structures or buildings, historic use or activities in the shoreline, and archaeological resources. Goal SMPG16 Ident�, protect, preserve, and restore important archaeological, historical, and cultural sites located in or associated with Federal Way's shorelines for scientiftc and educational purposes. Poticies 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 azeas are of moderate to high probabitity for archaeological resources and require appropriate review and site investigation for proposed development or modifications. l l.9 Circulation Element This element dea(s with the location and extent of existing and proposed thoroughfares, transportation routes, and other pub(ic facilities; and coordinating those facilities with shoretine 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 �„ � �� 1 �����_-�.______�__,� �aGE� �..�F 2 � ` FWCP — Chapter Eleven, Shoreline Masfer 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 possibie infringement upon shoreline areas. a. New transportation facilities and icnprovements to existing facilities that substantially increase levels of air, noise, odor, visual, or water pollution should be discouraged, un(ess benefits of the faciiity outweigh costs. b. Transportation corridors shoutd 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 faz enough to make unnecessary such protective measures as rip-rap or other bank stabilization, landfi(l, butkheads, groins, jetties, or substantial site regrade. d_ New transportation facilities crossing lakes, streams, wetlands, or other criticai areas should be encouraged to locate in existing corridors, except where any adverse impact can be minimized by selecting an alternate corridor_ e. Shoreline circutation systems should be adaptable to changes in technology. SMPP96 Circulation systems should be located and attractivety designed so as not to unnecessarily or unreasonably pollute the physical environment, or reduce the benefits peopie derive from their property. a. Motorized vehicular traffic on beaches and other naturai shore(ine areas shall be prohibited. b_ Transportation facilities providing access to shoreline developments should be planned and designed in scaie and character with the use proposed. c. New transportation facilities should minimize totat impervious surface area by generaliy being oriented perpendicular to the shoreline where topographic conditions will al(ow. 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 shouid provide turnout areas for scenic stops and off road rest areas where the topography, view, and natural features warrant, consistent with the pubtic access and recreation policies. ���t i � � 1 �_ __ -_-__----...,, �.., �o„ �p �-�, � �' 2 � ' FWCP - Chapter Eleven, Shoreline Master Program SMPP99 Shoretine roadway corridors with unique or historic significance, or of great aesthetic qua(ity, shouid be retained and maintained for those characteristics. SMPP100 Shoretine circulation routes should provide for non-motorized means of Mavet and shouid incorporate multimodat 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 parics located on the shoreiine. SMPP102 Shoreline roadways should have a high priority for arteriat beautification funds. SMPP103 Regionat(y significant pedestrian and bicycle facilities and amenities along shoreline circulation routes should be pursued in parh►ership witfi other agenc�es. SMPP104 Pedestrian access shouid be buiit where access to pubiic shorelines is desirable and has been cut off by tinear transportation corridors. New linear facilities should enable pedestrian access to public shorelines where access is desirabte. SMPP105 Transportation and utility faciiities should be encouraged to coordinate joint use of rights-of-way and to consoiidate crossings of water bodies when doing so can minimize adverse impact to the shore(ine. 11.10 Shoreline Environments Intent In order to more effectively implement the goats, objectives, and policies of this master program and the SMA, the shorelines of the state within Federat Way have been categorized into three separate environment designations. The purpose of these designaiions is to differentiate between areas whose geographical features, ecoiogical functions, and existing development pattern imply differing objectives regarding their management, use, and future development. Each environment represents a particutar emphasis in the type of uses and the extent of development that should occur within i� The system is designed to encourage uses in each environment, which enhance the character of the environment while at the same time requiring reasonabte standards and restrictions on development so that the character of the environment is not destroyed. The determination as to whicfi designation shou(d be given to any specific shoreiine area has been based on, and is reflective of, the existing development pattern; the biophysical capabilities and timitations of the land; and the goals and aspirations of the locat citizenry. � � � � � � �____C` - , �„ �'AGE x'�OF 2� FYVCP — Chapter Eleven, Shoreline Master Program Each environment designation includes: ( i) a purpose statement which ciarifies 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 T'he purpose of the "Shoreline Residentiai" environment is to accommodate residential development and appurtenant structures that are consistent with SMP Guidetines—WAC 173-26-211(5��. An additional purpose is to provide appropriate public access and recreational uses. Criteria The Shoreline Residentiai environment designation is assigned to shoreline areas inside the City of Federa! Way and the City's Potential Annexation Area (PAA) if the areas are predominantly single-family or mutti-family residential development, or are planned and platted for residential development_ Management Policies 1_ Residential uses shatl be the primary use. Devetopment and redevelopment activities shall be Eocused within a(ready deve(oped areas. Standards shal( be developed and implemented for density or minimum frontage width, setbacks, lot coverage tirr►itations, buffers, shoreline stabilization, vegetation conservation, critical area protection, and water quaiity. These standards shall ensure that new development does not result in a net loss of shoreline ecotogica! functions or further degrade other shoreline va(ues, taking into account the environmenta! limitations and sensitivity of the shoreline area, the level of infrastructure and services available, and other compre,hensive planning considerations. 3. Multi-family and muiti-lot residential and recreational developments shaii provide public access and joint use for community recreational facilities. 4. Ali residential development sha(1 occur in a manner consistent with the policies listed under SMPG2 of the shoreline use eiement. Urban ConservQncy 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 deveioped settings, while allowing a variety of compatible uses_ �„ �:.:a���°������ � _______. _�,� ���°E���.O�' �.� FWCP - Chapter Eieven, Shoreline Master Pragram Criteria The Urban Conservancy environment designation is assigned to shoreline areas appropriate and pianned for development that are compatible with maintaining or restoring the ecologicat functions of the area that are not general(y suitable for water-dependent high- intensity uses_ The Urban Conservancy environment is applied to shore(ines if any of the following characteristics apply: 1. T'hey have open space, flood plain, or other sensitive areas that should not be more intensively deveioped; 2. They have potential for ecological restoration; 3. They retain important ecologicat fu�ctions, even though partialiy deve(oped; or 4. They have the potential for development that is compatible with ecoiogicat restoration. Management Policies Residentia(, recreationat, commercial, and pub(ic facility uses shoutd be atlowed, provided they preserve the naturat character of the area or promote preservation of open space, flood plain, btuffs, or sensitive lands either direct(y or over the long term. Water-oriented uses shou(d be given priority over non-water-oriented uses. Eor shoreline areas adjacent to commercially navigable waters, water-dependent uses should be given highest priority. Uses that result in restoration of ecological functions shouid be al(owed if the use is otherwise compatible with the purpose of the environment and the setting. 2. Standards shouid be developed and implemented for management of enviro�mentally 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 vatues. Development standards should be devetoped and imptemented for density or minimum frontage width, setbacks, lot coverage limitations, buffers, shore(ine stabi(ization, vegetation conservation, critical area protection, and water quaiity. 3. Public access and public recreation objectives should be implemented whenever feasib(e and significant ecological impacts can be mitigated. 4. To enhance the waterfront and ensure maximum pubiic use, commercial or office facilities should be designed to permit pedestrian waterfront activities�consistent with public safety, security, and protection of shoretine ecological functions_ 5. Aesthetic considerations should be actively promoted by means of sign contro( regulations, architectural design standards, landscaping requirements, and other such means. �„ ��:�i�8i� � ��GE""�.OFZ� FWCP - Chapter Eleven, Shoreline Master Program Naturai Purpose The purpose of the "Natural" environment is to protect those shore(ine areas that are relatively free of human influence, or that include intact or minimalty degraded shoreline functions intolerant of human use_ These systems require that oniy very low intensity uses be atlowed 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 Natura( environment designation shouid be assigned to shoreline areas if any of the fol(owing characteristics apply: (A) the shoreiine is ecological(y intact and therefore, currently performing an important, irrepiaceable 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 particu(ar scientific and educational interest; or (C) the shoreline rs unable to support new deveiopment or uses without significant adverse impacts to eco(ogical functions or risk to human safety. Management Policies l. Any use that would substantial(y degrade the ecological functions or natural character of the shoreline area shall not be allowed. 2. The foltowing new uses shail 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 Naturai designated shorelines. 3. Single-fami(y residential development may be al(owed as a conditional use if the density and intensity of such use is limited as necessary to protect ecologicat functions and be consistent with the purpose of the environment. 4. Scientific, historical, cu(tural, 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 5. New development or significant vegetation removat that would reduce the capability of vegetation to perform normal eco(ogical functions shoutd not be allowed. Do not allow the subdivision of property in a configuration that, to achieve its intended purpose, wili require significant vegetation removal or shoretine 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. EXHiB11� � � �� 20,� � ,� �� �� e , �. � �� , _, � r= ., d, �. r , i ? � � u; - ' � <, (� <<� ��. l.�.: � C ? �� .. ,%'� ,, � v' « y > . ..t:.�-- � Federai . _. aa . ^ Wc�y / �c��t �' Federal Way , ���^ �.� ���. Shoreline � � � ����` ��'' � �� Management Plan � ° . : Federal Way and � S 8th.8t. '�s � Its Potential - C .�dRtldf : �,. � �n�X�"°R�,�e I Annexation Area � Unln�orp4rataU � ,� Krny (AOURd� � x� .� � ?a�u �a t � � `' � ��. `�+�,.� .. � .. . u � . � .,� � li � .� > � �^ . '��" � ,.�l� .��t � � ��r, 3`,�,� "`' � , :� } . � � ; ,,; ,G � . C�h� � Le end sw az c;.; � ` 1�1 � �, f� 9 ,� s, r" �.�+ ,:.,..� .... :.. th3� ,, ���' �i�z�,rur � ;:'�; •n�� '` `, AUb City of Federal Way ��x�� ~ , ' � � .---�'% - _.�a�e ' ._:.. �kk ; , ,: , ;.� , ` ,: Potential Annexation Area „a gt.. 3 Oth t �{,; :. Z , , .Y ., . 3 �..� � , . . , . . oAS�, F,o�n� ('� Regulated Shoreline ' 3 r ' . e SYaW Paik .f, � ... � t� . � > � � - � , O �.�, ,� , , 'v � ,, K UrNnCOtpOt�dlBd • '` q 3 � zat sc �`v�"� �n9 caunry � Puget Sound East , � ^ ' ` .�CE k � �, a �`� "�• � Puget Sound - Dumas Bay ♦ . y . . N . . . . . � :eleCrtat�un A .. r 4 ��_. �.., _ 1✓.- a ./� fr`i ' y,� � Puget Sound West ' o y ` /,: 0 x� sW �a� � en Q Steel Lake �. � � ,.., C� �?� � � , '';., o � .. �,� :�, �; Q Star Lake •, ` l a . y f : f t.� T1 DI''�1a ;• � ,,_ Q y ' O Lake Dolloff � � � ..� . � � 5 ��� { �'`� `' � � � . � sc .� •` - � Lake Geneva �; . , i � : , - �. ' � ., . ���'� .. . < weh5t H ,, .. - ' - � o Lake h . � wenn��a, Fe�ti , ��: �� � � N rth �'r ^'`� � . • � ' � a- rr �` � � � r , . r n t (. a'� ��,;, � � . � SW 35 ' �"�n �� � ��#� � ; Q Lake Killamey .Ar�b� � � � ,.� ,,,��~���,� • � y , ' '" s � Five Mile Lake � k� ff��� . •C 'R�r . ..nf. . . � � �� � � �� :� � � � � `'� ,r t �� "`�. . �; � • � . � r y6 . � ' � '... .. �� ��`'�. e�� � � `, � Q �,� , h � _ '� � ' �,�, � ��� 0 0.5 1 Miles r t a�, , ' � Un(nr.arparet�e.d � r � kr� �'` '. �'`�.,� e � r `�„">" lftnfl Gounty L � � . �.. � ��:��'+' R � � � . ' . . �, L:, O f�. r � �' �.`�:, �`�o � • w ......_. �.. c°R� Trcr�cr. � . N Map Date: May 2006 , i 6 ti `S '�� ^ �Infn4otpar�tted z . , �. a E ��,r � e - � ` �""•� PIR.ce cairnry . , �y�ltN . P1C � s ,p�, ''�� b �� • � atv oF �.�� "� , � _� . M��tQ�� � � Federal Wa , , . � � . . .. w s • w ♦ r e • • e e ♦ •.�� ♦ • • w.• a w � � � s� � � ,`. ��' . ! �_:: Edgew . , � �: /. �� . � a `r:�� . . {� . �, . . . . , :.... .�AQ.. ,. , This map is accompanied by NO warranties, � . _ , and is simply a 9raphic representation. i .�, SECTION 5 - SHORELINE REGULATiONS (Title 15 FWRC Shoreline Management) Chapter 15.05 SHORELINE MANAGEMENT Sections: Article I. Generally 15.05.010 Purpose and authority. 15.05.020 Jurisdiction. 15.05.030 Additional definitions. Articte II. Shoreline Regutation '15.05.040 General development standards. 15.05.050 Shoreline modifications. 15.05.Ofi0 Envi�onmental designations. 15.05.070 Summary of Uses, Approval Criteria, and Process. 15.05.080 Shoretine �esidentiai environment. 15.05.090 Urban conservancy environment. 15.05.100 Natural environment. Article 111. Administrative Procedures 15.05.110 15.05.120 15.05.130 15.05.140 15.05.150 15.05.160 15.05.170 15.05.180 'I 5.05.190 15.05.200 15.05.210 15.05.220 Shoreline management permit and enforcement procedures, adoption by reference. Permit processing and public notice. Shoreline exemption. Application requirements. Shoreline substantial development permit. Shoreline variance. Conditional uses. Finai approval of shoreline permits. Combined hearing authority. Appeals. Permit revisions. . Replacement, al#eration, or reconstruction of nonconforming use or development. 15.05.230 Shoreline environment redesignation. 15.05.240 Amendmen#s to #his chapter. �cXh� �BIT`—�. , ; � PAGE�OF Page 1 of 71 City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 2090 with Ecology requined changes Chapter 15.10 CRITICA� AREAS Sections: Article I. Generaily 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 I1. Administration 15.10.060 15.10.070 15.10.080 15.'! 0.090 15.10.100 15.10.110 Administration. Maps adopted. Basis for determination. Bonds. Dedication. Certain activities not subject to critical area standards. Article I11. General Site Design Requirements 15.10.120 15.90.130 15.10_140 �15.10.150 Responsibility of applicant Vehicle circulation areas. Time limitation: Other requirements. Article IV. Geoiogically Hazardous Areas Development 15.10.160 Limitations. Article V. Streams 15.10.970 Stream setbacks. 'I5.10.180 Relocation. 9 5. 9 0.190 Culverts. 15.10.200 Removal of streams from culverts. 15.10.210 Rehabilitation. 15.10.220 Intrusion into stream setbacks. 15.10.230 Additionai requirements for clearing and grading. A�ticle VI. Regufated Wetlands `�j �"' EXHiBII` ;-�. 15.10.240 Determination of wetland and regulated we#land. ���� 2�F 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 99, 2010 with Ecology requined changes 15_90.2fi0 Structures, improvements, and clearing and grading within regulated wetlands. 15_90.270 Structures, improvements, and ciearing and grading within regulated wetland buffers. A�ticle Vli. Critical Aquifer Recharge Areas and Wellhead Protection Areas 15.10 280 limitations. 15.10.290 Classification of wellhead capture zo�es. 15.10.300 Gene�al 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 fe�tilizers in criticai aquifer recharge areas and wellhead protection a�eas. Chapter 15.15 FLOOD DAMAGE PREVENTION Sections: Articie I. Generally 15.15.010 Purpose. 9 5.15.020 Adoption of state and federa! statutes and regulations. 15.15.030 Methods of reducing flood losses. 15.15.040 Definitions. Article 11. Provisions 15.15.050 General provisions. 9 5_ 15.060 Permits_ 15.15.070 Use of other base flood data (in A and V zones). 9 5.15.080 information to be obtained and maintained. 15.15.090 15.15.100 15.15.110 15.15.120 15.i5.130 15.'I 5.140 15.15.150 15.15.160 15.15.170 Alteration o# watercourses. Conditions for fiood variances. Provisions for flood hazard reduction. Subdivision proposals. Review of building permits. Specific standards. AE and A1-30 zones with base flood elevations but no floodways. Floodways_ Critical facility. ��H�BI1` � � - �. �A�E � OF? ��.,, Page 3 of 71 City of Federal Way SMP — Title 15 Shoreline Managernent Passed by Resolution 10-597, October 99, 2010 with Ecology required changes Chapter 15.05 SHORELINE MANAGEMENT Article I. Generaily 15.05.010 Purpose and authority. The city adopts tfiese regulations under the authority of the Sfioreline Management Act of 1971, Chapte� 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 au#hority #o administer and enforce this title and any such rules and regulations. It is unlawfui to violate or fail to compiy with any provision of this titie o� any such ruie or regulation. (Ord. No. 09-597, § 50, 1-6-09; Ord. No. 99-355, § 3, 1'l-16-99; Ord. No. 98-323, § 3, 12-1-98; Ord. No. 90-38, § 1(24.10), 2-27-90. Code 2001 § 18-961.) 15.05.020 Jurisdiction. (9) The provisions of this a�ticle shall apply to aH development proposed within the areas defined as "shorelines" in RCW 90.58.030(2)(d), and "shorelines of state-wide significance" in RCW 90.58.430(2)(e), and °shorelands° in RCW 90.58.030(2)(fl; see 15.05.030, Additional definitions. The approxima#e location of these shorelines shall be designated on maps maintained by the department of comrnunity 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 permi# is filed. The city shall be �esponsible for verifying shoreline jurisdiction. Washington Depar#ment of Ecology may be contacted to delineate the ordinary high water mark (OHWM) on a subject property as per i#s authority and responsibilities outlined in RCW 90.58.030(2)(fl- (2) No development shall be undertaken by any person on the shorelines of the s#ate without obtaining a shoreline permit from the department of community development, or an authorized sta#ement of exemp#ion per WAC 173-27-040 and for developments exempted by RCW 90.58.140(9) and (10). (3) All p�oposed uses and development occur�ing within shoreline jurisdiction must confor►n to Chapter 90.58 RCW, #he 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; O�d. 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 othennrise defined in this chapter, the defnitions contained in #his section, FWRC Tit1e 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 #hat order. "Act" means the Washington State Shoreline Management Act of 1971, Chapter 90.58 RCW, as amended. "Amendment" means a �evision, update, addition, deletion, and/or reenactment to the Federa! Way shoreline master program. "Aquaculture" means #he 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 - Tide 15 Shor ��it � Passed by Resolufion 90-597, October 19, 2010 with Ecolog g� -� �: �A�E�OF_`�� aquatic plants and animals, and the maintenance and construction of necessary equipment, buildings, and growing areas. Cultivation methods incfude 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 o�dinary high water mark (OHWM). Calculation of the average grade level shall be made by averaging the ground elevations at the midpoint of al! exterior walls of the proposed building or s#ructure. "Backshor�e" 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'rneans a steep rise or slope at the edge of a body of water or water course. "8each 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 iacility" means a#acility or structure providing access in and out of the wate� for vessels, such as a launching ramp, rails, or lift station open to the public. For purposes of the Shoreline Master Program, boating facili#ies 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 st�ucture, 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 waN, seawall, embankment, or other structure erected at or near the OHWM and roughly paralle! to the shoreline that retains or prevents sliding or erosion of land or protects land and/or structures from wave or cunent action. u8luff' means a steep slope which abuts and rises from Puget Sound. 61uffs contain slopes predominantiy in excess of 40 percent, although po�tions may be less than 40 percent. The toe of the bluff is the beach ofi Puget Sound. The top of a bluff is typically a distinct tine where the slope abruptly levels out. Where there is no distinct break in slope, the slope is either the line of vegetation separating #he 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. "Conditiona! use" means a use, development, or substantial development which is classified as a shoreline conditional use or is not classified within the shoretine master program. "Critical salmonid habitats" mean habitats tha# are used by Pacific salmonid species that migrate between fresh water and salt water during their life cycle. These habitats include: (1) Gravel bottomed s#reams 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; E)(H ���� �/���__�_�_��.�.�,:�,._� .�. Fage 5 of 71 City of Federal Way SMP — Tide 95 Shoreline Management Passed by Resolution 10-597, October 19, 2090 with Ecology required changes {4) Shallow areas of salt water bodies used for rearing, feeding, as well as cove� and refuge from predators and currents, including, but not limi#ed to, forage fish habitats such as sandy beaches and eeigrass 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 salfinrater shorelines in Federal Way are critical salmonid habitats. "DepartmenY' means the department of community development services, unless the context indicates otherwise. "Deve%pment" means a use consisting of the construction or exterior alteration of structures; dredging; driNing; dumping; filling; removai 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 levei. "Dock" means aQ platfo�m structures floating upon water bodies and connected to iand to provide moorage or landing for waterborne pleasure craft. "Oredging" means the removal of ea�th from the bottom of a stream, marine water body, lake or other water body for the purposes of deepening andlor maintaining a navigational channeL "Drift cell" (also re€erred to as °drift sector," or "littoral celP') means a particular reach of marine shore in which littoral drift may occur without significant inte�ruption and which contains any natura! sources of such drift and also accretion sMore forms created by such d�ift. "Eco%gical functions" means the work pe�formed or role played by the physical, chemical, and bialogical 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 o# habitat and the associated ecological functions. "Exemptions" means those development activities which are not required to obtain �a Substantiai Development Permit, but which must obtain an authorized statemen# of exemption and which must othennrise comply with applicable provisions of the Shoreline Management Act and the city's local shoreline master program. "Fair mari{et va/ue" means the open market bid price for conducting the work, using the equipment and faciiities, and purchase of the goods, services, and materials necessary to accomplish the developmen#. This would normally equate to the cost of hiring a contractor to undertake the development from sta�t 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 vaiue of any donated, contributed or found labor, equipme�t, or materials. "Feasible" means that an action, such as a development project, mitigation, or preservation requirement, meets alf of the following conditions: (1) The ac#ion can be accomplished with technologies and me#hods that have been used in the pas# in similar circumstances, or studies or tests have demonstrated in similar circumstances tha# such approaches are curren#ly available and likely to achieve the intended results; (2) The action provides a reasonable 1ikelihood of achieving its intended purpose; and � , Page 6 of 71 City of Federaf Way SMP - Title 95 �c���a�ement ; ,.... s ,,�. Passed by Resolution 10-597, Octobe� 19, 2010 with Eco og re u� change - �• ��.����F � (3) The action does not physically preclude achieving the projecYs primary intended legal use. In determining an action's feasibility, the reviewing agency may weigh the action's reiative public costs and public benefits considered in the short- and long-term time frames. "Filf" 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 othennrise secured in the waters of Federal Way, and which is not connected #o 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 flaod 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 concems. Geologically haza�dous 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 #han 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 potentialiy 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 Depa�tment of Agriculture Soil Conservation Service as having a severe limita#ion for building site development (fl 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 pe�cent 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, stope 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 #hose areas with a slope of 40 percent or greater and with a vertical reiief of 10 or more feet, a vertical rise of 10 feet of more for every 25 feet of horizontal distance. A slope is delineated by estabfishing its toe and top, and measured by averaging the inclination over at feast 10 feet of vertical relief. � Page 7 of 71 City of Federal Way SMP — TiNe 15 Sh�rel����� __ k Passed by Resolution �0-597, October 19, 2090 with Ecol��u��hanges � C�� � r "Geotechnical report" o� "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 devetopment on geologic conditions; the adequacy of the site to be developed; the impacts of the proposed development; altemative approaches to the proposed development; and measures to mitigate potential site-specific and cumulative geological and hydrologicai impacts of the p�oposed 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 pro#essional expe�tise about the regional and local shoreline geology and processes. �Grading" means the movement or redistribution of the soii, sand, rock, gravei, sediment, or other material on a site in a manner that alters the natu�al 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 sho�eline of a substantial number of residences on areas adjoining such shoreiines, or the appiicable 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 iniet entrances from clogging by excess sediment. "Lands/ide"means an episodic downslope movement of a mass of soil or rock that includes but is not limited to rockfalls, slumps, mudflows, and ea�thflows. "Littoral drift" means the natura! 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 po�tion of the stream which is downstream of the natu�al permanent blockage shall be regulated as a major stream. "Marine" means pe�taining 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 tfie 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 t�act of real property immediately prior to any site preparation or g�ading, including excavating or filling. �/� Page 8 of 71 City of Federal Way SMP — Title 15 Shor�eP�A� e�� � ._ z; - Passed by Resolution 10-597, October 19, 2010 with Ecology � i�.�nge ��—� 1 �f'�, ,� �:. "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 "developmenY' means a shoreline use or development which was lawfully cons#ructed 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 shoretine master program. "Non-water-oriented uses" means those uses that are not water-dependent, water- related, or water-enjoymen#, and which have tittle or no relationship to the shoreline and are not considered priority uses under the Shoreline Management Act. Examples include professional offices, automobile safes or repair shops, mini-storage facilities, multi-family residential development, department stores, and gas stations. "Ordinary High Water Mark (OHWM)" means the ma�k on alf 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 upiand, in respect to vegetation, as that condition existed on June 9,'I 971, as it may naturally change thefeafter, 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 ma�k adjoining salfinrater shall be the line of inean higher high tide and the ordinary high water mark adjoining freshwater shaN be the line of inean 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 piies 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 wi#h the highest value shall be co�sidered 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 senrice and subject to special governmental reguiations, 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 fiacilities operated on a commercial basis. �Recr�eational development" means commercial and public facilities designed and used to provide recreationai 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 i#s purpose. Additions #o or increases in size of existing structures shall not be considered replacement structures. �Residential developmenY' means developments and occupancy in which persons sleep and prepare food, other than developments used for transient o �� -� `�j Page 9 of 71 City of Federal Way SMP - Title 15 S� line Man�age e��� Passed by Resolution 10-597, October 19, 2010 wifh Ecolc���changes �� I Residential development includes the creation of new residential lots through subdivision of land_ "Restoration"means in the context of "ecologica! restoration," the reestablishment or upgrading of impaired ecoiogical shoreline processes or functions. This may be accomptished tfirough measures including, but not limited to, revegetation, removal of intrusive shoreline structures, and remova! or treatment of toxic materials_ Restoration does not imply a requirement for �eturning the shoreline area to aboriginal or pre- European settlement conditions. "Riprap"means a layer, facing, or protective mound of angular sto�es 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", rneans 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 fioodplain areas landward 200 feet from such floodways; and ail wetlands and river deltas associated with the streams, , lakes, and tida! waters which a�e subject to the p�ovisions of this chapter; the same to be designated as to location by the Department of Ecology. "Shoreline administrator'means the directo� of the department of community development or his or her designee and is responsible for administering the Federa! Way shoreline master program. "Shoreline environment designafion" means the catego�ies of shorelines of the state established by the City of Federal Way sho�eline management master program to differentia#e 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 MasterProgram (SMP)"means the comprehensive use plan for a described area, and the use regulations together with maps, diagrams, charts, or other descriptive material and #ext, a s#atement of desired goals, and standards developed in accordance with the poiicies enunciated in RCW 90.58.020. "Shoreline modifications" means those actions that modify the physical configuration of qualities of the shoreline area, usually through the construction of a physicat 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 causeci 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 relie# from the specific bulk, dimensionai, 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 o# a point t where the mean annuai flow is twen#y cubic feet per second or less and the wetlands associated with such upstream segments; and {iii) shorelines on lakes less tt����� acres in size and wetlands associated with such smaA lakes. ��� ���_� �"----- -- ��T 4 `:�� ' f ral Wa SMP — Title 15 SFo�l;l�l�'N em �� \ Page �0 of 71 C�ty o Fede y 9 Passed by Resolution �0-597, 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 a11 "shorelines" and "shorelines of statewide significance" within the city of Federal Way. "Should" means that the particutar 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 siope stability. "Stringline setback" means a straight iine drawn between the points on the primary structu�es 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 environmen# designations. "Vessei" means ships, boats, barges, or any other floating craft which are designed and used fo� navigation and do not interfere wi#h 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, �ecreation-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 impermeabfe 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 exis# in any other location and is dependent on the water by reason of the intrinsic na#ure of its operations. Examples of wa#e� dependent uses may include ship cargo terminal loading areas, ferry and passenger terminals, barge ioading 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 genera! 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 gene�al 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 wa � _ enjoyment, or a combination of such uses. E,�� ���--------�"� p ('� ����F Page 11 of 71 City of Federal Way SMP — Title 15 Sho�el�lMB _ Passed by Resolution 10-597, October 99, 2010 with Ecology required changes "Water-related" means a use or po�tion 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 functionai 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 suppo�tive 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 professiona! services serving p�imarily water-dependent activities and storage of water- transpo�ted foods. "Wetland" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to suppo�t, and that under normal circumstances do support, a prevalence o# vegetation typically adapted for life in saturated soil condi#ions. Wetlands generaily include swamps, marshes, bogs, and similar areas. Wetlands do not inciude 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. Wetiands may include those a�tificial wetlands intentionally created from non-wetland areas to mitigate the conversion of wetlands. (Ord. No. 09-v93, § 19, 1-6-09; Ord. No_ 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, 12-1-98. Code 2001 § 9 8-163. ) Article !t. Shoreline Regulation 15.05.040 General development standards. The following general development standards appiy to all uses and activities in al1 shoreline environments: {1) lmpact mitigation. (a) To the extent Washington State Environmental Policy Act of 1971 (SEPA), chapter 43.21 C RCW, is applicable, the anaiysis of environmental impacts from proposed shoreline uses o� developments shall be conducted consistent with the rules implementing SEPA (FWRC 14.45.010 and WAC 197-11). Mitigation for adverse impacts to shoreline functions will be triggered du�ing the SEPA review, shoreline land use permit process, or exemption approval process. . (b) Where �equired, mitiga#ion measures shall be applied in the following sequence of steps listed in o�der of priori#y. (ij Avoiding the impact altogether by not taking a certain actio� or parts of an action; {ii) Minimizing impacts by limiting the deg�ee o� magnitude of the action and its implementation by using appropriate technology o� by taking affirmative s#eps 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 pfeserva���B'°�` � maintenance operations; ��� t ���� � �� ` Page 12 of 71 City of Federal Way SMP - Tdle 15 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology required changes (v) Compensating fo� the impact by replacing, enhancing, or providing substitute resou�ces or environments; and (vi) Monitoring the impact and the compensation projects and taking appropriate corrective measures. (c) In determining appropriate mitigation measures applicabie to shoreline development, iower priority measures shal! be applied only where higher priority measures are determined to be infeasible or inapplicable. (d) Required mitigation shail not be in excess of #hat necessary to assure that proposed uses or developmen# will result in no net loss of shoreline ecoiogical #unctions. (e) Mitigation actions shall not have a significant adverse impact on other shoreline functions fostered by the policy of the Shoreline Management Act. {fl 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, altemative compensatory mitigation may be authorized if said mitigation occurs within #he watershed and addresses limiting factors o� identified critical needs for shoreline conservation based on watershed or comprehensive management plans. Authorization of compensatory mitigation measures may require appropriate safeguaTds, terms, or conditions as necessary to ensure no net ioss 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 shatl incorporate water pollution control measures and best management practices {BMPs) for stormwate� management. Such measures shall address both temporary impacts to water quality from construction activities as well as the need for permanen# stormwater managemen# facilities in compliance with the requirements and restrictions of aN applicable city and state regulations. (4) Critical areas. Activities and development in c�itical 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 beiow. (a) Any conflict between the standards outiined 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 Chapte� '15.15 FWRC, the following minimum requi�ements shall apply wi#h regard to activities and development in critical a�eas found within shoreline jurisdiction: (i) Minimum setbacks from the OHWM established by this chapter shall be maintained in a!1 cases unless a shoreline variance is granted. (ii) When 15.10.270 (Structures improvements and clearin_q and _qradinq within regulated wetland buffers) subsections (5) Wetland Buffer Reduction and (6) Modification are utilized fo� a project proposal a shoreline variance permit is required if the overali proposed buffer width reduction exceeds 25 percent. � (b) Geologically hazardous areas. Regulated geologicaliy 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 ac#ivities on the site shail be in compliance � Page 13 of 71 City of Federal Way SMP - Title 15--�J�qr�li _�ement '�j Passed by Resolution 10-597, October 19, 2010 with E�"p'Icfg�r ha�geg° --��'-�"`� �� '"��� ��������� with the requirements and restrictions of Articles i, 11, IIi, and IV of Chapter 15.10 FWRC. In addition to the development standards outiined in Chapter 95.10 FWRC, the following shall apply with regard to activities and development in geologicalJy hazardous areas found within shoreline jurisdiction: (i) Creation of new iots 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 developmen# that causes risk from geoiogicai 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 #he project as demonstrated by a geotechnical analysis. (c) Streams and wetlands. If a stream or wetland is located within the shoreiine jurisdiction, all activities within the shoretine ju�isdiction shall be in compliance with the requi�ements and restrictions of A�ticles t, II, III, 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 sho�eline 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. 9 5 FWRC shall not result in a net loss of ecologica! func#ion. (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 shoreiine jurisdic#ion shall be in compliance with the requirements and restrictions of Articles I, II, III, and VI1 of Chapter 15.10 FWRC. (5) Critica/ salmonid habitats. AN 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 p�ohibited. 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 in#rude into critical saimonid habitats oniy where the proponent demonstrates ail 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 projec# will create unavoidable adverse impacts, the impacts are mitiga#ed 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. !f a bridge is not feasible, one of the following water crossing structures may be approved if the impacts can be mi#igated: temporary culverts, � bottomless arch culverts, eflipticai culverts, or other fish-passable round culverts. These structures are listed in priority order, with the first havi�g the highest preference and the last the lowest preference. In order fior a lower priority structure to be permitted, the Page t4 of 71 City of Federal Way SMP - Title 15 ��v�� �� -�- �-__- �,--.=..�a. Passed by Resolution 1 D-597, October 19, 2010 with E r change ` ��a�� ��� F �x� applicant must show the higher priori#y structures are not feasible. The project shall be designed to minimize its impacts on the environment. (dj Bridges and in-water utility corridors may be located in critical salmonid habitats provided the proponent shows that all of the fopowing 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 altemative impac#s a�e mitigated; and (iv) Any landfili is loca#ed landward of the ordinary high water marlc. " Open piling and piers required to construct the bridge may be placed watenrvard of the ordinary high water mark, if no alternative method is feasible. When installing in-water utilities, the installer may be requi�ed to place native mate�ia! 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 criticai salmonid habitats shalt not be allowed unless the proponent demonstrates all o# the following conditions are met: (i) The dredging is for a water-dependent or water-related use; (ii) An alternative alignment or location is no# 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 mitigat+on is not feasible, rehabilitating degraded habitat may be required as a substitute. (fl In-water dredge spoii 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 critica! salmonid habitats. (h) Within critical salmonid habitats, permanent channel changes and reatignments a�e prohibited. (i) The removal of aquatic and ripa�ian vegetation within or adjacent to critical satmonid 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 o# disturbed earth shall be revegetated. (j) Unless removat is needed to prevent hazards to tife and property or to enhance critical salmonid habita#s, large woody debris below the ordinary high water mark shall be ieft in the water to provide salmon and steelhead habitat. (6 j ArchaeologicaJ 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, cultu�al, or archaeological resource(s) or highly suspected to contain � Page 15 of 7i City of Federal Way SMP — Title 15 Sho , nt Passed by Resolution 90-597, October 19, 2010 with Ecolog��uir+ed c�es �_ _: �'�GE�OF � archaeologicai artifacts and data shall �equire a site inspection and evaluation by a professional archaeologist or historic preservation professional, as applicable, prior to issuance of a permit or initia#ion 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) Pubtic access. (a) In review of all shoreline permits or developments of more than four residential lots or dwefling 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 o# public access and joint use of community recreationai facilities shall be required when: (i) The development would generate demand fo� one or more forms of pubiic shoreline access; andlor (ii) The devetopment would eliminate, restric#, or o#herwise impair existing legal access oppo�tunities 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, consis#en# in character with the existing public access that was eliminated, restricted, or otherwise impaired. (b) Requirements or conditions for pubfic access shall be consistent with alf � 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 #he use cannot be satisfied through the application of at#ernative design features or other solutions; (iii) The cost of providing the access, easement, alternative amenity, or mitigating the impacts of public access is unreasonably dispropo�tionate to #he totai 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 iand or a physical improvement in the #orm of a walkway, trail, bikeway, corridor, viewpoint, partc, 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. (� 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 o# 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) shal! be ailowed without a shoreline substantia! deve it; "�j ,; _!__._._.._ � _ ..� - Page is of 71 City of Federal Way SMP — Title 15 Y Passed by Resolution 10-597, October 19, 2010 vvifh Eco�}�'�i�f change�l ��. �. ,�, .- � �t � � be reviewed through the shoreline exemp#ion 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) Approvai 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, p�oposed corrective actions, including installation of native species, performance standards, moni#o�i�g schedule, planting plans, erosion and sedimentation control plans, and g�ading plans as necessary. (c) The shoreiine administrator shall �equire an applicant to retain the services of a qualifed 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 Shoreli�e modifications (9 ) Shoreline stabilization. Shoreline stabilization may be permitted in the shoreline - residen#ial environment. Hard armoring (e.g. bulkheads and fiprap) is subject to a sfioreline conditional use permit in the urban conservancy environment. Soft-shore stabilization may be permitted in the urban conseniancy environment. Shoreline stabilization proposals shaQ address the following: (a) Shoreline stabilization, including bulkheads, shall not be considered an outright permitted use on the city's shorelines. 1n orde� for shoreline stabilization to be permitted the city must find that: (i) The applicant shall provide a geotechnical repo�t, prepared by a quaaified professional, that estimates the rate of erosion and evaluates alternative solutions; and the urgency associated with the specific situation; and (ii) Soft-shore stabilization altematives such as slope drainage systems, • vegetative growth stabitization, gravel benns, and beach nourishment shall be p�ioritized over sfructura! options such as bulkheads and riprap. The "softest" effective alternative shall be utitized; and {iii) In the case of proposed hard armoring stabiiization solutions (e.g. bulkheads and riprap), erosion from waves or currents p�esents a clear and imminent � (damage within 3 years) threat to a legally established primary structure, one or more substantia! accessory structu�es, water-dependent development, ecological restorationitoxic 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 impac#s to sediment #ransport a�e minimized to the greatest exten# 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 stabiliza#ion elsewhere; and (viii) Shoreline stabilization shall not significantly interfere with normal surface andJor subsurface drainage into the water body and shall be constructed using an approved filter cloth o� other suitable means to ailow passage of surface and . groundwater wi#hou# internal erosion of fine material; and {ix) Shoreline s#abilization shali not be used to create new I ,�'"I` � �� } Page 17 of 71 City of Federal Way SMP — Title 95 S orelin agemen ° Passed by Resolution 10-597, October 19, 2010 with Ecol��►�chan e� ���„ �� (x) Use of chemicaiiy 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 sho�eline stabilization project; and (xiii) Shoreline stabilization shail not othenNise result in a net loss of ecological functions. (b) When a bulkhead or other structural alternative is permitted subject to subsection (a) above, the foNowing standards shal! apply: (i) The maximum height of the proposed bulkhead or other stabilization structure is no more than one foot above the elevation of inean higher high water on tidal waters, or one foot in height above the elevation of ordinary high water mark on lakes, meas�red 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 wa#er 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 struc#ure is permitted provided that the repaired bulkhead or structure is not relocated fu�ther watenroard or increased in height. (iv)1f an existing bulkhead of other stabilization structure is destroyed it may be replaced as it existed prior to destruction, provided appiication for required permits is made within one year of destruction. Additions to or increases in size of existing shoretine stabiliza#ion measures shall be considered new structures. (v) Soft shoreline stabilization measures that provide restoration of shoreline ecological functions may be permitted waterwa�d 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 tots would require st�uctural shoreline stabilization ove� the life of the development. The foilowing standards shall apply to new development. (i) New developmen# that would require shoreline stabilization which causes significant impacts to adjacent or down-current properties and shoreline areas should not be allowed. (ii) New deveiopment, including newly created parcels, a�e requi�ed to be designed and located to p�event 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 #o 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 Conditionaf Use Permit and the following criteria: (i) Pubfic'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 interes# in resource protection �/'� and species recovery; and ���� � � � {\/�� ���::---"'�'� _` _ Y ,.� ..-w� � Page 18 of 71 Cify oi Federal Way SMP — Title 15 S H e anagement Passed by Resolution 10-597, October 19, 2010 with Ecolc.���cha��� l8 (iv) Moorage at public docks is limited to recreational purposes and shaN not extend more than one 24-hour period. Public docks may not be used for commercia! 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 residen#ial dock or pier on the Puget Sound Shoreline must demonst�ate why a mooring buoy will not provide adequate moorage for �ecreatio�al watercraft. (ii) No more than one pier, dock, float, or mooring buoy for each existing residential iot is permitted. (iii) New �esidential developments of two o� more units, subdivisions, or short subdivisions shafl be limited to one shared dock or pier. (A) The total number of moorage spaces shall be limited to one moorage space for every dweHing 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 wiQ resuit in no net loss of ecoiogical functions associated with criticai saltwater habifat. A preliminary eelgrass survey as specified under the A�my Corps of - Engineers, Regional General Permit, RGP 6 shall be required for new docks or piers on the Puget Sound shoreline. (d) No dweliing 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 watenivard.of the ordinary high water mark. (fl Piers, docks, mooring buoys, or floats shall meet the side and rear ya�d setbacks of the underlying zoning classification, except in the case of shared facilities, in which case no side ya�d setback is required. {g) All piers, docks, mooring buoys, floats, or other such structures shail 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. Stoppe�s 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 ievei of the su6strate. (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. (j) Any new pier or dock must be located generally perpendicular to the shorefine, 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 Natu�al Resources. (!) Pier and dock dimensions and grating, marine shorelines. (i) Where authorized by FWRC 15.05, piers and docks located on marine shorelines shaA be the minimum size required to provide for moorage. Singie-family piers or docks shall not exceed 75 feet in length measured perpend�cularly from the OHWM. Shared moorage may extend up to 100 feet in length i# demonstr '�a���� � i Page 19 of 71 City of Federa/ Way SMP — Title 15 Shor ►ne M ment ' Passed by Resolution 90-597, Octobe� 19, 2010 with Ecal�y � nqes� �?' necessary to provide adequate rrioorage. 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 #eet_ (iii) The maximum width of walkway ramps shall be four feet and shall be fully grated. (iv) TMe 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 p�isms, or other means. . a (v). Pier skirting is no# 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 fu�ther waterward than the average length of the pie�s or docks on lots abutting the location of the new dock as measured perpendicularly from the o�dinary high water mark unless an altemative dimension is required in orde� to prevent impacts to critica! 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, o� the point. where the water depth is eight #eet below the efevation of the o�dinary 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 piers and docks shall be designed to allow a minimum of 45°10 light passage. This may be accomplished through g�ated 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 po�tion 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)' Fioats shaA_ use grating on at least 30 percent of their surface to allow light penetration. (3) Boating facilities — launching ramps, rails, and litt 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 �amp, rail, or lift station shall be placed more than 60 feet waterward of the ordinary high water mark. (ii) Ail po�tions of a launching ramp, �aii, or lift station shaA be placed at a depth not to exceed eight feet below the ordinary high water marlc. (iii) Launching rails or famps shall be anchored #o the ground through the use of tie-type construction. Asphal#, concrete, or other ramps, which solidly cover the bottom or bed of a waterbody, a�e prohibited. (iv) No more than one launching ramp, rail, or lift station per shoreline development shall be permitted. {v) Launching ramps, rails, or lift sta#ions sha11 not be permitted for shoreline developments that have an existing pier, dock, floa#, mooring buoy, or ot���� � Page 20 of 71 City of Federal Way SMP — Title 15 Sho e emen �' t Passed by Resolution 90-597, October 19, 2010 with Ecolog�e�ly��ange�:� �����,,� , �_� . ���.. moorage. Piers, docks, floats, or other forms of moorage shali not be permitted fo� shoreiine 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 sho�eline 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 pa�lcing and loading area, and have adequate facilities fo� 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 envi�onment is feasible. (ii) When permitted, development of floating breakwate�s shal! 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 ali shoreline environments in the city. (cj G�oins are prohibited in al! shoreline environments in the city. (5) Dredging and filling. � (a) Dredging: (i) Dredging activities in shoreiine 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 #or sMoreline restoration activities. (iii) Dredging is allowed only where an alternative alignment that would not require dredging is not feasible. (iv) WMere allowed, dredging operations must be scheduled so as to not damage sho�eline ecological func#ions or processes. (v) Where aAowed, dredging operations shali avoid and minimize significant ecological impacts to the greatest extent feasible, and shaQ be mitigated as required by this chapter. (vi) Siting and design o# new devefopment shall avoid the need for new and maintenance dredging. (vii) Dredging for filt ma#erials 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 conditiona! 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 wate� ma�k shall only be allowed with a sho�eiine conditional use permit in association with ailowed (permitted) water dependent use developments; public access; cleanup and disposal of contaminated sediments as part of an interagency environmental clean plan; disposal of dredged material in accordance wi#h DNR Dredged Material Management Program; or expansion or alteration of transpo�tation facilities of statewide significance currently located on the shoreline (if altema#ives to fili are shown not feasible). F� Page 21 of 71 City of Federa! Way SMP - Title 15 Sh��� �ent----- --� �� Passed by Resolution 10-597, October 19, 2010 with Ecolo r � hanges �C -� � s ���a L- � f .�:.�� watervvard of the ordinary high water mark associated with non-water dependent uses shall be prohibited. (ii) Fill waterward of ordinary high water ma�k needed to suppo�t the following water dependent uses may be allowed through a conditional use permit in the shoretine residential and urban conservancy envi�onments: (A) Public access; (B) Expansion, alte�ation, 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 fiil materials shall be of such quality that it will not ad�erse�y affect water quality; � (D) Demonst�ation that fiii 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 p�ohibited in areas of high shoreiine erosion potential. (v) Fill located waterward o# the ordinary high water maric that results in a net loss of sho�eline 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, hydrologicai, topographical, o� 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 characte� of the envi�onment 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) Unban conservancy. , (iii) Natural. (c) Limits of environment designations. Each environment designation shall consist of: (i) The entire water body within city jurisdiction, including aN 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 Pa e22of71 Ci F � ���� � `� 9 ty of ederal Way SMP— Title �5 Shor�ne Nlana emen --_. Passed by Resolution 10-597, October 19, 2010 with Ecolog���anges ���� U`r' ` designations shail 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 associa#ed 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 depa�tment may, from time to time, as new or improved informa#ion becomes available, modify the official maps described in subsection (1)(d)(ii) of this section consistent with state guidelines to more accurately �epresent, clarify, or interpret the true limits of the sho�elines defined herein. (e) Location of boundaries. (i) Boundaries indicated as following st�eets, highways, roads, and bridges shall be deemed to follow the centerline of such facilities unless othenNise 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 othervvise specified. (iii) Where different environmen#al designations have been given to a t�ibutary and the main stream at the point of confluence, #he 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; O�d. 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 co�ditional uses. (2) Specific regulations for each use/development are provided in subsequent sections for Shoreline Residential (FV1/RC 15.05.080), Urban Conservancy (FWRC 15_05.090), and Natural (FWRC 15.05.100) environments. A!! 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 shail controL (3) Prohibited uses. (a) The following uses are prohibited in ali shoreline environments: (i) Commerciat agriculture. (iij Aquaculture. (iii) Forest practices. (iv) Indus#rial uses. (v) Mining. {b) Additionai 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) Pr�hibited shoreline modifications. (? EXH��iI` k �` Page 23 of 71 City of Federal Way SMP — Tide 15 �r i nageme� �`�� Passed by Resolution 10-597, October 19, 2010 with Eco e�er�g� � (a) The following shoreline modifications are prohibited in all shoreline environmen#s: (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= Ailowed as exempt from permitting or permitted with substantial development permit C= May be altowed with shoreiine 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_ Floa6ng breakwate�s are aUowed with a shoreline condit+onal use permit, and only when used to protect a public boat launch. Non-floating breakwaters are prohibited. 5. Dredging and atl fill waten�vard 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 pnmary use is prohibited in al! 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 p�ohibited in the Natural environment (6) Standards table: The following table summarizes siting, design, and dimensionat standards of this Program, as specified within FWRC 15.05.040, � ��� : � ;_ „� Page 24 of 71 City of Federal Way SMP — Title 15 Sfi l�r���j�rfyent�� �" "`� Passed by Resolution 10-597, October 19, 2010 with Ecoloc�y�r��1�,,.t`�hanges �� a ��.. _� � �` �'c ' ,±' �•; �.�.;. ...__ �. .�+� �:.-- '� ,,.,,� ..: -�:�r � � 15.05_050, '1 �.05.080, � 5_05.090, 15.05.100 for general shoreline regulations, shoreline modifications, and shoreline uses. . ... .� ; . .. . _ . _ �, . ,. .. - > >- ��.� : s �� �� -��.��. �. � � �: � . :� n . � Y 5 � , . .. � ,� : „ :_. �;��� � �. . :.._ ..,.�_. .. : . �� ' Genera! standards for all development and uses further detailed b s ecific use re ulations below Hei ht 35 feet 35 feet 35 feet Shoreline 50 fee# f�om OHWM or as 50 feet from OHWM or as 900 feet from OHWM or setbacks required for protection of required for protection of as required for protection critical areas, whichever is critical areas, whichever is of critical areas, reater reater whichever is reater Vegetation Conserve aA°� 70% Conserve �8°,ro 85% consenration (minimum) of native (minimum) of native Conserve 100°/a of native area vegetation and � 70% vegetation and �9% 80% vegetation and 100% of (minimum) of native trees (mi�imum) of native trees native trees in setback in setback in setback , ._ Shoreline 75 feet from OHWM or as setbacks required for protection of c�itical areas, whichever is NIA (Prohibited) reate� NIA (Prohibited) Associated overwater Prohibited, unless structures providing public access . . .. Shoreline Single-family: 50 feet ftom setbacks OHWM or as required for Single-family: 50 feet from Single-family only, subject protection of critical areas, OHWM or as required for to CUP: 100 feet from whichever is greater� protection of critical areas, OHWM or as required for Multi-family_ 75 feet from whichever is greate� pro#ection of crifical OHWM or as required for (no multi-family zoning in a�eas, whichever is protection of cntical areas, this environment) greater whichever is �eate� Density Subject to underlying zoning (typically 7,000 to 'l0,000 sq ft minimum lot Subject to underlying Subject to underlying size; limited areas of multi- zoning {7,000 to 10,000 sq zoning (5-ac�e minimum family residentiai zoning, ft minimum lot size) lot size) 1,800 sq ft minimum lot size �� ; �:� ,� .,. _. . y. Hei ht 8 feet 8 feet � 8 feet Maximum 150 sf per structure; 150 sf per structure; 150 sf per structure; foot rint 300 sf total er iot 300 sf total er lot 300 sf total er iot Shoreline Modifications Design . Nonstructural alternatives prioritized requirements . Creation of new land prohibited N/A (Prohibited) • Located at or landward of ordina hi h water ��� � ��� _____. � � ���= . a� �2� � : � ; ��_ .�� �". �" �, , _ a _ _. ..._ - `` � A Page 25 of 71 City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology required changes � Marine: creosote prohibited Sideyard setbacks Maximum • Freshwater: chemically treated wood prohibited • Re-vegetation with native plants required • Maximum height is 1 foot above elevation of inean hiqhe� hiqh water (tidal) / ordinaN hiqh water (lake: Cansistent w/ undertying zoning, except none when ioint use Above water surface ievel: 5 feet Siting and • pWelting units p�ohibited on piers and docks design . Covered overwater structures prohibited requi�ements • Piers and docks oriented perpendicular to the shoreline • Piers and docks: must be constructed from materials that allow light penetration through the stn�cture • Marine: c�eosote prohibited • Freshwater. chemically #reated wood prohibited • Public dock moorage limited to recreational uses • 1 dock per existing residential Iot • 1 shared dock per new muJti-family development, subdivision, or short subdivisfon (additional limitations on number of moorage spaces) • 1 float per existing �esidence / 1 shared dock per new multi-family development / subdivision /sho�t subdivision Pier and dock • Residentia! piers and docks: maximum waterward dimensions, intnision: based on length of nearest existing docks lake on either side of the propased dock; never to exceed shorelines 36 feet from OHWM or leng#h at 8 feet of depth below OHWM, whichever is reached first • 6-foot maximum dock width (8-foot for ioint usel N/A {Prohibited) Pier and dock • Maximum waterward intn.�sion f�om OHWM 75-100 dimensions, feet depending or� use N/A (Prohibiteti) marine • g-foot maximum dock width shorelines • Minimum 45% transparency of decking Float dimensions and standards Dimensions and standards Page 26 of 71 • Maximum waterward intrusion: 45 feet from OHWM on lakes • Maximum surface area: 100 SF • Use of aratina on at least 30% of surface area • No more than 1 ramp per shoretine deveiopment • Shall not be aliowed for developments with existing N/A (Prohibited) pier, dock, float, or other functional moorage. Piers, docks, floats, or other #orms of moo�age shall not be permitted for developments with existing launch facilities. • No more than 60 feet waterward from OHWM • No more than 8 fee# below OHWM Y City of Federal Way SMP — Title ��¢���n�gem Passed b Resolution 10-597, Ocfober 19, 2010 with col` � rec�urred c� ������ � _ ��.�.s,,. � � :t 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-specifc regulations of this P�ogram for additional detail related to residential setbacks, including exceptions or modifications to the standard minimum setback (FVVRC 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 residentia! 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 p�ovide app�opriate public access and recreational uses_ (2) Designation criteria. Designation criteria for the shoreline residential environment are provided in the city's shoreiine 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 utili#ies. (b) No structure shall exceed the height allowed by the unde�lying 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-�elated 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 pubfic access is not affected consistent with FWRC 15.05.040(7). (c) All development shal! be required to p�oviiie adequate surface water retention, erosion control, and sedimen#ation 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 a�ea, subject to provisions refe�enced in subsection (e). (e) Vegetation conservation area. The required se#back area shall be considered a vegetation conservation area. Within the vegeta#ion conservation area, no more than aA 30 percent of the area with existinq native shoreline vegetation shall be cleared, and a minimum of 69 70 percent of existing native trees shaN 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 applicatior� of this section. (fl Impact mitigation. All deveiopments and uses shaA 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 shatl be required where stormwater runoff from impervious surfaces would degrade or add to the ollution of recipient waters of adjacent prope�ties. ��� � � �� . _.__.__ � ,.-.�.•- . ���� a� �� �,� Page 27 of 71 City of Federa! Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology requir�ed changes (h) A!I development in the shoreline residential area must compty with applicabie regulations identified within the generat 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) ShoreJine 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. Altowed within shoreline residen#ial designated areas under the requirements imposed by FWRC 15.05.040 and 15.05.050(2). (iii) Mooring buoys and floats. ANowed 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 residen#ial 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) P�ohibited modifications to the shoreline within shoreline residential designated areas include the fotlowing: (i) Jetties and groins. (5) Shoreline uses. (a) A1lowed uses within shoreline residential designated areas inciude the following: (i) Residential development. Single-family residentia! use shall be a priority use in the shoreline environment. Single-family and multipte-family residential development, accessory dwelling units, and home occupations may be permitted in the shoreline residential envi�onment subject to the foilowing: (A) The proposed use is permitted in the unde�lying zone ctassification. (B) Residential development is prohibited waterward of the ordinary high water mark. (C) Setbacks. (I) 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 o�dinary 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), o� the stringline setback, or 50 feet from the ordinary high water marlc, 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-famiiy residential development is proposed on a lot where properties on at least one side of the lot are developed in single residences located less than 50 feet from the o�dinary 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 setback as �j �' !� i .-.,.�:, Page 28 of 71 City of Federal Way SMP — Title �,�� age�er►t ---- k Passed by Resolution 10-597, October 19, 2010 with �ol�g��wined chan.q4.�` '� �. � --� defined in FWRC 15.05.030), but shall in no case be cioser than 30 feet from the ordinary high water mark_ (11) Multi-family residentiat 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 main#ain 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 a�eas, #he 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 criticai a�ea 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 p�operties 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 p�oposed residentiai 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 aA 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 confgu�ed through the orientation of lots to: (t) Prevent the loss of ecological functions at full build-ou# by providing adequate developable space outside of setbacks; and (I1) 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 shail cover more than 150 square feet_ (B) No more than 300 square feet of accessory structu�es shall be allowed. (C) No accessory structure shaN 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 sho�eline residential environment subject to the general requi�ements 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 consisten# with the purpose of the residential environment. {C) Recreational development that provides public access to and use of the wa#er shall be given priority. (D) Recreational development sha11 provide mitigation consistent with the general requirements of this chapter and shall lead to no net loss of ecological functions. (E) Swimming areas shail be separated from boat iaunch areas. (F) Boat launching facifities may be developed, subject to a shoreline conditional use permi#, provided: �. � � .. � e i � �j _ Page 29 of 71 City of Federal Way SMP — Title 15�lL�Yi�fe ���geTPf�fif� �§��� t � Passed by Resotution 10-597, Ocfober 19, 2010 with Ec�� ��ed chang� ���t .,�.-� � (I) The parking and traffic generated by such a facility can be safely and conveniently handled by the st�eets and areas serving the proposed facility. (II) The facility wiil 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 andlor sited to avoid adverse impacts to the functions of the shorelines of the city. (H) Public pedestrian and bicycle pathways shaU be permitted adjacent to water bodies. Such trails and pathways must be made of pervious materials, if feasible. (I) Public contact with unique and fragile areas shaJl be permitted where it is possible without destroying the natural character of the a�ea. (J) Water viewing, nature study, recording, and viewing shall be accommodated by space, platForms, benches, or sheiter consistent with public safety and security. (iv) Utilities. Utility facilities, with the exception of cellular towers, sofid waste transfer stations, and production and p�ocessing faciiities, may be permitted in the shoreline residential environment subject to the requirements of this chapter, provided: (A) No other practicable alternative iocation outside of the sho�eline jurisdic#ion with less impact to the environment is available for the facility. (B) Utility and transmission facilities sha11: (I) Avoid disturbance of unique and fragile areas. (11) Avoid disturbance of wildlife spawning, nesting, and rearing areas. (111) Conserve native shoreline vegeta#ion, pa�ticularly forestecf areas, to the maximum extent possible. (I� Overhead utility facilities shali not be permitted in pubiic parks, monuments, scenic, recreation, or historic areas_ (V) Minimize visuai impact. (VI) Harmonize with or enhance the surroundings. (VII) Not create a need for shoreline protection. (VIII) Utilize to tfie 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 const�uction and maintenance of utility facilities shall be done in such a way so as to: (I) Maximize the preservation of natural beauty and the conservation of resources. - (11) Minimize scarring o# the landscape. (III) Minimize siltation and erosion. (I� Protect trees, shrubs, grasses, natural features, and topsoil. (� Avoid disruption of critical aquatic and wildlife stages. (D) Rehabilitation of areas disturbed by the construction and/or main#enance of utility #acili#ies shall: (I) Be accomplished as rapidly as possible to minimize soil erosion and #o maintai� plant and wiidlife habitats. (II) Utilize native trees and shrubs. (E) Solid waste transfer stations are prohibited within shoreline jurisdiction. (F) Cellular or witeiess #owers are prohibited within sh " f `","" i ion. ��,��� � . ------ �, __—_:. � _.,....___ _ Page 30 of 71 City of Federa! Way SMP — Title 15 h e� anage ���� Passed by Resolution 10-597, October 19, 2010 with Ed� . � (v) Transportation and parking facilities. Tfansportation and parking, except parking facilities associated with detached singie-family development, shait conform to the following minimum requirements: {A) Transportation corridors shall be developed consistent with the Transportation Element of the Federai 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 pubtic transportation facilities shall provide tumout areas for scenic stops where feasible. (D) Parking facilities serving individual buildings on the shoreline shall be located landward f�om the principal building being served, except when the pa►icing facility is within or beneath the structure and adequately screened, o� in cases when an altemate location wouid have less environmental impact on the shoreline. (E) New surface transportation facilities not �elated 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 o� other bank stabilization, landfill, or substantial site regrade unnecessary. (F) Maintenance, repair, repfacement, or other roadway improvements (including but not limited to widening to senre existing or projected volumes, installation of curb and gutter, sidewalks, illumination, signals) to existing surface transpo�ta#ion facilities sha11 be allowed within sho�eline residential designated areas. Improvements tha# create a need for protective measures such as riprap or other bank stabilization, landfill, or substantial si#e reg�ade 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 requi�ed 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. (I) One live tree with a minimum height of four feet shall be required for each 30 linea� feet of planting area. {II) One live shrub of one-gallon container size, or larger, for each 60 linear inches of planting area shall be required. (Il!) 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 a�e proposed. (I) Parking as a primary use in shoreline jurisdiction shali be prohibited. (J) Parking in the sho�eline jurisdiction shall directly serve a permitted shoreline use and envi�onmental and visual impacts shall be minimized. (K) Transportation and parking facilities for subdivision, multi-family residentiai, and commercial uses shaA incotporate low impact development (L!D) designs to minimize stormwater runoff. (L) Transporta#ion facilities shatl not adversely impact existing or planned water dependen# uses. � : �� � � :--� �' Page 31 of 71 Cify of Federal Way SMP - Title 15�ore!' e nageme 2 Passed by Resolution 10-597, October 19, 2010 with Ec� � ���" ��"'"'� " �� (b) !n addition #o those uses prohibited in all shoreline environments by FWRC 15.05.070(3) of this ehapter, 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 #hey exist in urban and developed settings, while allowing a variety of compa#ible uses. Priority should be given to water-oriented uses over non-water-oriented uses in the urban conservancy environment. Residential development and appu�tenant structures should be accommodated in the urban conservancy environmen# when consistent with existing land use and zonir�g, 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) Genera! requirements. (aj Development waterward of the o�dinary high water marlc is prohibited except water dependent rec�eational 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 wi11 not be obstructed, if permitted by the applicable provisions of the underlying zoning, and if the proposed development is water-related or water-dependent. Fo� any proposed structure with a height exceeding 35 feet, a view analysis shall be completed and app�oved by the City to ensure that visual public access is not affected consistent with FWRC 15.05.040(7). (c) All development shall be requi�ed 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 othe� designated minimum setback necessary to protect designated critical areas per FWRC 15.04.040(4), whichever is greater_ This rninimum setback area shall be retained as a vegetation conservation area, subject to provisions �eferenced 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 �915 percent of the area with existin native shoreline vegetation shall be cleared, and a minimum of �8 80 percent of existing native trees shall be retained. Trees determined by the city to be hazardous o� diseased may be removed. Additionally, the director may allow remova! of vegetation exceeding that described above where an applicant agrees to replacement plantings that are demonstrated #o provide greater benefit to shoreline ecological processes than would be provided by strict application of this section. (� Impact mitigation. All developments and uses shall result in no net loss of ecologicai functions and shall be consistent with the impact mitigation requirements of 15.05.040(1). (4) Shoreline modificarions. (a) Allowed modifications to the sho�eline within urban conservancy desi na#ed areas include the following: �, ��j�� � � ��_ _..._.. - -�- �� Page 32 of 7i City of Federal Way SMP — Title 13 Sfi����l��t�� ����` Passed by Resolution 10-597, October 19, 2090 with EcoJogy required changes (i) Shoreline Stabilization. Aliowed 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 conseroancy designated areas under the requirements imposed by FWRC 15.05.040 and 1�_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 a�eas within the urban conservancy environment under the requirements imposed by FWRC 15.05.040 and 15.05.050(3). (v) Breakwaters. Floa#ing breakwaters are ailowed 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) Oredging 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) AHowed uses within urban conservancy designated areas include the fotlowing: (i) Residentia! 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 g�eater. 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 cri#ical 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- fiamily development, shall apply. (B) Accessory structures. Allowed witfiin urban conseniancy designated areas under the requirements imposed by FWRC 15.05.080(5)(a)(ii). (ii) Recreational development. Recreational devefopment may be permitted in the urban conservancy environment subject to the general requirements o# this chapter and under the requirements imposed by FWRC 15.05.080(5)(a)(iii). (iii) Utilities. Allowed within u�ban 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 o�ce or commercial use or activity is permitte�iipi,t�g�y�q��ying � .. zoning ciassification. � CJ'CI"1 CS - : . Page 33 of 71 City of Federa! Way SMP — Title 4�Shdr�n�����: �����° 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 commerciai uses are prohibited uses unless they meet one or more of the foliowing criteria: (i) The use is pa►t of a mixed-use project that includes wate�- 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 si#e. (II� In areas designated for commercial use, non-water-oriented comme�cial development may be aliowed if the site is physically separated from the shoreline by another property or public right-of-way. (Ili) O�ce and commercial deveiopment wil! not resuit in a net loss of shoreline ecological functions or have significant adverse impact to othe� 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 sha11 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 f�om the ordinary high water marlc, 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 shali the minimum setback be less than 50 feet from the ordinary high water mark. (E) Piers, docks, moorages, buays, floats, and launching facilities will not be permitted in conjunction with o�ce 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 #ree of human influence, or that include intact ot minimally degraded shoreline functions intoierant of human use_ These systems require that only very low intensity uses be allowed in order to maintain ecological func#ions and ecosystem-wide processes. Consistent with the policies of the designation, the city shatl pian for restoration of degraded shorelines within this environment. (2) Designation criteria. Designation criteria for the naturat environment are provided in the city's shoreline master prog�am. (3) General requiraements. (a) Developme�t wa#erward of the ordinary high water mark is prohibited except water dependerlt recreational uses and public utili#ies. (b) No structure shall exceed #he heigh# allowed by the unde�lying 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 #he 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 compieted and approved by the City to ensure that visual public access is not affected consistent with FWRC 15.05.040(7�� �,�. Page 34 of 71 City of Fede�al Way SMP - Title 15 Sho e ,l ne Ma��eh�t' � Passerl by Resolution 10-597, October 99, 2010 with Ecolc��'�d changes o� ` � " (c) All development shall be �equired to provide adequate sutface 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 pro#ect designated critical areas per FWRC 15:05.040(4), whichever is the greater setback as a vegetation consenration 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 vegeta#ion shall be cleared, and ail existing native trees shall be retained. Trees determined by the city to be haza�dous or diseased may be removed. Additionally, the director may allow removal of vegetation exceeding that described above where an applicant agrees to repiacement plantings that a�e demonstrated to provide greater benefit to shoreline ecoFogical processes than would be provided by strict application of this section. (fl lmpact mitigation. All developments and uses shatl �esuit in no net loss of ecological functions and shall be consistent with the impact mitigation requirements of 15.05_040(1). (4) Sho�eline modifications. The fo1lowing 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 incfude: (i) Residential development_ Multi-family residential uses are prohibited in the natural environment. Single-family residentia! development and residential accessory structu�es may be permitted in the naturat environment with a shoreline conditional use permit with the following additional restrictions: (A) Ailowed only where single-family residential development is permitted in the unde�lying zone classification. (B) Single-family residential development is prohibited waterward of the ordinary high wa#er mark. (ii) Recreational development. Allowed within the natural designated areas subject to the limitations of FWRC 15.05.100(4) and provided: (A) The recreationa! development is permitted in the underlying zone. (B) Non-water-oriented recreational uses and development are prohibited within the natura! 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 deveiopment shall provide mitigation consistent with the general requirements of this chapter and shall lead to no net loss of shoreline ecological func#ions. (E) The parking and traffic generated by such a facility can be safely and conveniently handied by the streets and areas serving the proposed development. Page 35 of 71 City of Federa! Way SMP - Title 1 /' gement Passed by Resolution 10-597, October 19, 2010 witf► E� r � n��ar�es_ --- e ���� � �� � � (F) Upland facilities constructed in conjunction with a recreationai development shali be set back andJor sited to avoid adverse impacts to the #unctions of the shorelines of the city. (G) Pubiic pedestrian and bicycle pathways shall be made of pervious mate�ials. (iii) Utilities. Allowed within the natural designated areas with a shoreline conditional use permit under the requirements and restrictions imposed within F1NRC 15.05_080{5)(a)(ivj. (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 conditionai use permit_ Approved facilities must, at a minimum, meet the requirements and �estrictions imposed within FWRC 15.05.080(5)(a)(v). {v) Low intensity public uses. Low intensity pubGc 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 sho�eline environments by FWRC 15.05.070(3) of this chapter, the following uses are prohibited uses within naturai designated areas: (i) Boating facilities; {ii) Multi-family residential development; (iii) Office and commercial development. Article II1. Administrative Procedu�es 15.05.110 Shoreline management permit and enforcement procedures, adoption by reference. The city of Federal Way hereby adopts by reference the following sections o� 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 depa�tment (4) 173-27-270 Order to cease and desist (5) 9 73-27-280 Civil penalty (6) 973-27-290 Appeal of civii penalty (7) 173-27-300 Criminal penalty 15.05.120 Permit processing and public notice. An application for a shoreline development permit shall be made to the department of community development on forms prescribed by the department. Public notice shal! be provided as follows: (1) An applica#ion for a substantial development permi# requires public notice as prescribed in Process III, Chapter 19:65 FV11RC. (2) An application for a shoreline conditional use permit or shoreline variance requires public notice as prescribed in Process IV, Chapter 19.70 FWRC. .� 4 , Page 36 of 71 City of Federal Way SMP - Title l� ��t --- �-- Passed by Resolution 10-597, October 19, 2010 witJ�� �ui d ch ,�rrg�s�--� �`� � � ��3� {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 § 9 8-169. ) 15.05.130 Shoreline exemption. (1) The purpose of a shoreline exemption is to provide an approva! 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 prog�am. 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 peRnit process is not an exemption from compliance with any othe� 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) !f 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 app�oval. 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 Shoretine Management Act. The city shall p�epare a statement of exemption, provided the proposa! meets exemption criteria. The burden of proof that a development or use is exemp# from the permit process is on the appficant. If any part of the development is not eligible for exemption, then a substantiat 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 shoreiine development proposals are subject to review, approval, and permitting by a federal or state agency, the director shal! prepare a statement of exemption, addressed to the applicant, the federal or state permitting agency, and ecology. 95.05.140 Application requirements. Complete application. A complete application for a substantial development, shoreline conditional use, or shoreline variance pe�mit 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, ��qtj�� �t���e � applicant. =� �� Page 37 of 71 City of Federal Way SMP - Title �5 ���l�nagemer�� �.�.. � Passed by Resolution 1Q597, October 19, 20�0 with Fcology r�equ� c anges ��-�� (4) Location of the property. This shall, at a minimum, inciude the property add�ess, parcel number, and identification of the section, township, and range to the nearest qua�ter, quarter section, or latitude and longitude to the nearest minute_ All applications for projects tocated in opernwater 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 generai description of the property as it now exists, including its physica! characteristics and improvements and structures. (8) A genera! 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 developrr�ent pian consisting of maps and elevation drawings, drawn to an _ appropriate scale to depict clea�ly all required info�mation, photographs, and text which shall include: (a) The boundary of the parcel(s) of land upon which the deveiopment is proposed. (b) The ordinary high water mark of all wate� bodies located adjacent to or within the boundary of the project. This may be an approximate location provided, that for any development where a deteRnination of consistency with the applicable regulations requires � 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 pians 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 pian shall indicate the distance and di�ection to the nea�est ordinary high water mark oi 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 con#ours 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. (fl The dimensions and locations of aN existing and proposed structures and improvements including but not limited to: buiidings, paved or graveled areas, roads, utilities, septic tanks and drainfields, material stockpiles o� 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 pfoposed 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 e� ���al. T � ..� �� ^_ " �. � � g u ,` � " � ° Page 38 of 71 City of Federal Way SMP — Title 95 �hbr�� �7��rv�m�r�" �--�_`. �`.. �� Passed by Resolution 90-597, 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. (I) Where applicable, a depiction of the impacts to views from existing residential uses and public areas. (m) On a!I variance applications the plans shall clearly indicate where development couid occur without approval of a variance, the physical fea#ures and circumsta�ces 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 �elevant decisional cri#e�ia_ (o) Additional in#ormation as requested by the city. (10) Where applicable, a shoreline assessment and mitigation report prepa�ed by a qualified professional, which at a minimum, includes the following: � (a) Site plan and cross-sections of deveiopment and critical areas and criticai salmonid habitat identified. {b) A detailed description of proposed development. (c) Identification of any species of local impor#ance, 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 potentiai impacts the proposat may have on fish and wildlife species, critical areas, and critical salmonid habitats_ (e) A discussion of any federat, state, or local management recommendations, including Washington Depa�tment of Fish and Wildlifie habitat management recommendations, that have been developed for species or habitats located on or adjacent to project area_ (� 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 incfude 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 approva! process for any development with a total cost or fair market value exceeding $5,718, or any development which materiapy 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 doliar thresholds in the Washington State Register. (2) When a substantial development permit is requested, the permit shall be � reviewed under the provisions of Process II1, 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 shali be granted by #he director only when the � development proposed is consistent with the following: �� �„� ���"� .__ — . Page 39 of 71 City of Federal Way SMP — Trtle 15 ��� �-- � 1 ��°�°�"'� Passed by Resolution 10-597, October �9, 2010 with Ecology requined changes (a) Goals, objec#ives, policies, and use regulations of the Federa! Way shoreline master program; (b) Federa! Way comprehensive plan and ci#y code; and (c) The policies, guidelines, and regulations of the shoreline management act (RCW 90.58, WAC 173-2fi, 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 va�iance. (1) The purpose of a shoreline variance is to grant relief to spec�c bulk, dimensional, or perfo�mance standards set forth in the shoreline master prog�am, 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 thwatt the policies of the shoreline management act. (2) When a variance is requested, the substantial development permit, if required, and the va�iance, sha11 be reviewed under the provisions of Process !V, Chapter 19.70 FWRC, and the fiearing examine� shall be the final approval authority for the city of Federal Way. The Department of Ecology shall be the �nal approval authority under WAC 173-27-200. (3) A variance f�om the standards of the master program may be granted only when the applicant can demonst�ate that all the following conditions will apply: (a) That the strict �equirements of the bulk, dimensional, or performance , standards set forth in the master p�ogram 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 specificaAy 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 applicanYs own actions; (e) 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 wili be the minimum necessary to afford relief; (e) That the public interest will suffer no substantial detrimental effect; ( fl That the public rights of navigation and use of the shorelines will not be adversely affected by the granting of the variance when the p�oposa! is for development located waterward of the ordinary high wate� mark, or within wetlands, estuaries, ma�shes, 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 consisten# 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, 'i 1-16-99; 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. 1 ° Cit of Federal Wa SMP — Title �� �-�� ``���"� rage 40 �f 71 Y Y Passed by Resolution 90-597, October 19, 2010 with Ecology required changes (1) The purpose ofi the conditional use permit is to provide greater flexibility in varying the application of the use regulations of the shoreline master prog�am 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 substantiai 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 finai approval authority for the city of Federal Way. The Department of Ecology shall be the final approva! authority under WAC '! 73-27-200. (3) Conditional uses have unique and special characteristics which require a specia! degree of contro! to make #he uses compatible with other existing or per►nitted uses in the same environment, and to assure that the use is in the public interest. In authorizing a conditiona! use peRnit, speciai conditions may be attached to #he permit by the hearing examiner to prevent undesirable effects or mitigate environmental impacts of the proposed use. (4) Conditionai 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 witl 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 peRnit 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 p�ogram may not be authorized. (Ord. No. 00-375, § 2, 10-3-00; Ord. No. 99-355, § 3, i1-16-99; 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 #opowing agencies or persons within five days of the final �pprovai of a shoreline permit and any shoreline variances or conditional uses granted: (a) The applicant; (b) The state Department o# 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. �}�H � ��� .`� � � � � � k �., �� �-�� O ..`.�—�–.sra.. e:..� t.._ Page 41 of 71 City of Federal Way SMr — Title 15 Sh r Passed by Resolution 10-597, October 19, 2010 with Ecology requir�ed 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 fiiing" for a shoreline variance or shoreiine conditional use permi# shall mean the date the permit decision rendered by the Department of Ecology is transmitted by the department to the City and #he applicant/proponent. (Ord. No_ 99-355, § 3, 11-16-99; Ord_ No. 98-323, § 3, 12-1-98; Ord_ No. 90-38, § 1(24.80.90, 24.80.20), 2-27-90. Code 2001 § 18.168.) 15.05.190 Combined heari�g authority. In those cases when development proposed in the shorelines may require a public hearing under the authority of other chapters o# 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 § 98-174.) 15.05.200 Appeals. Al! appeals of any final permit decision are govemed 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. A!I appeals of any final peRnit decision must be made to the Shoreline Hearings Board within 21 days of the date of filing of the ci#y's final decision conceming the substantial development permit, or forma! 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 shoreli�e 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 o�iginai permit, and are consistent with #he Shoreline Management Act (RCW 90.58), the guidelines in WAC 173-26, and the Federal Way shoreline master program, the �evision 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 app�oval" means all of the #ollowing: (a) No additiona! over-water constnaction 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 tha# the revision does not exceed the maximum size requirements of this chapter except as authorized under a variance granted for the original developmen#; � (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 no# authorize development to exceed the height, impervious surface, setback, or any other requi�ements of this chapter except as au#horized under a variance granted fo� #he original development; (c) Additional or revised landscaping is consistent with any condi#ions attached to the original approval and wi#h the Federal Way shoreline master program; (d) The use aUthorized pursuant to the originai approval is no# changed; and Page 42 of 71 City of Federal Way SMP — Trtle 1�of li ement � Passed bv Resolution 10-597 October 19. 2010 with E daag�s- ------- ����w.��� �-\-� (e) The revision wili not cause adverse environmental impacts beyond those originally authorized in the approval. 15.05.220 Replacement, alteration, or reconstruction of nonconforming use or devetopment. (1) Applications for substantia! 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 wili not make the use or development more nonconfoRning; and (c) Structures that were legally established and are used for a conforming use but which are nonconforming with regard #o setbacks, buffers, or yards; area; bulk; height, or density may be maintained and repaired and may be enlarged or expanded provided that said enla�gement does not inc�ease the extent of nonconformity by further encroaching upo� or extending into areas whe�e 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 i# existed prior to des#ruction, provided application for required permits is made within one year of destruction. (3) !f 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 undeveioped lot, tract, parcel, site, or division of land located landward of the ordinary high water maric which was established in accordance with local and state subdivision requirements prior to the effective date ofi the act or the Federal Way shoretine master program, but which does not conform to the present !ot size standards may be developed if permitted by other land use reguiations of the FWRC and so long as such development conforms #o 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 �eplaced, provided the �eplacement is no more nonconforming and application fo� �equired permits is made within one year of failure. (Ord. No. 99-355, § 3, 11-16-99; Ord. No. 98-323, § 3, '! 2-'! -98; Ord. No. 90-38, § 1(24.100), 2-27-90. Code 2001 § 18-175_) 95.05.230 Shoreiine environment redesignation. Shoreline environmen#s designated by tfie 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) Tfie 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 sha0 be pursuant to state review an��yo�r��er WAC �j � 176-26-110 and WAC 176-26-120. ���� �-�� . �' �,,� � _.�� � � � : r„r,� Page 43 of 71 City of Federa/ Way SMP — Title 15 Shoreline Management � Passed by Reso/ution 10-597, October 19, 2010 with Ecology requir�ed changes Chapter 15.10 CRITICAL AREAS Article 1. Generaily 15.10.010 Pu�pose. 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 Federai 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 wate�; and by p�eserving important ecologica! areas such as steep slopes, streams, and wetlands. The public purposes to be achieved by this chapter include protection of water quality, groundwater recharge, sho�eline stabilization, stream flow maintenance, stability of slope a�eas, wildli#e and fisheries habitat maintenance, protection of human life and property, and maintenance of natural stormwater storage systems. 15.10.020 Applicabie provisions. (1) The p�ovisions of #his chapter apply throughout designated shoreline areas unde� the Shoreline Master Plan and must be complied with regardless of any other conflicting provisions of Title 14 and 19, FV1/RC. (2) Any conflict be#ween the standards outlined in this chapter and Chapter 15.05 shall be resolved in favo� 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 developmen# in critical a�eas 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 va�iance is granted. 15.10.030 Jurisdiction. This chapter applies to the subject property if it: (1) Contains or is within 25 feet of a geoiogically 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 o# the ordinary high wate� 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 iake; or � {6) Is located within a critical recharge area or a wellhead protection area (one-, five- , or 10-year wellhead captu�e zone). 15.10.040 Other authority and jurisdiction. Nothing in this chapter in any way iimits, 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 79 City of Federal Way SMP — Title 15 Shoreline anagement •�J Passed by Resolution 10-597, October 19, 2010 ����q 'lred chan y - � r, r'� � � �.:� � u �-� �.A:�..� the appiicant to compiy with all other appiicable locai, state, and federal laws and regulations. 15.10.050 Liability. (1) Prior to issuance of any building permit or other permit by the building officiai, the applicant may be required to enter into an agreement with the city, in a form accep#able to the city attorney, releasing and indemnifying the city from and for any damage or liability resul#ing 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 applicanYs expense, and shall run with the property. (2) The city may also require the appiicant to obtain insurance coverage for damage to city or private property and/or city liability related to any such development activity. Article 11. 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 properly. if the development activity requires approval through Process 1, II, Ili, or iV the provisions of this chapter will be implemented as pa�t of these processes. If the development activity does not require approval through Process I, II, or lil, the p�ovisions 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 we#lands in the designated shoreline areas of #he 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 wiil apply to the subject property, wifl be determined based on environmental info�mation 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 applicanYs 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, s#udies, mapping, materials, inspections, and reviews be p�ovided or performed by a qualified professional accep#able to the city. Other provisions of this chapter detaii 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_ �x� ���'°� _ `�j ��. i: G 15.10.100 Dedication. P�� � _��' � ������ Page 45 of 7i City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 20t0 with Ecology requined changes The city may require the applicant to dedicate development rights or an open space easement #o the city to ensure protection of steep slopes, welis, 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 feasibte following the emergency actions; (b) Normal and �outine maintenance and repair of the following facitities, 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 �ot 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 shal! no# involve conversion of any regulated wetland not currently being used fo� such activity; (iii) Existing public facilities and utili#y 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 shaU 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 ensu�e restoration of disturbed areas. (2) Any activities not subject to #he provisions of this chapter are still subject to the requirements of Chapter 15.05 FWRC. Article 111. General Site Design Requirements 15.90.120 Responsibility of applicant. The applicant shalllocate all improvements on subjec# property to minimize adverse impacts to geologicaliy hazardous areas, wells, streams, regulated wetlands, and critical aquifer recharge and wetihead protection areas. 95.90.130 Vehicle circulation areas. The applicant shali locate al! parking and vehicle circulation areas as far as possible from any geologicaliy hazardous area, welihead, stream, and regulated wetland. 15.10.140 Time limitation. The city may limit development activities which involve any ciearing 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. [ � B�� _ _ � 39 , ,_ ; �. '\ �' c 15.10.150 Other requirements. � -- - �°-.- 4 , ..,� � ---=°. -�_� Page 46 of 71 City of Federal Way SMP - Title 15 Shoreline Management Passed by Resolufion 10-597, October 19, 2090 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 recha�ge areas and wellhead protection areas, streams, o� regulated wetlands. • Article IV. Geologically Hazardous Areas Development 15.10.160 Limitations. (1) This section regulates developmen# activities and clearing and grading on or within 25 feet of a geologically hazardous area. Refer to FWRC 9 5.05.040(b)(iii) for additional requiremen#s related to properties with steep slopes and bluffs. (2) Development activities, clearing and g�ading, 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 reasonabte alternative exists and then only if the development activity or clearing and grading wiil not lead to or create any increased slide, seismic, or erosion haza�d. (3) Before approving any development activity or clearing and grading unde� this section, the city may require the applicant to submit the following information: (a) A soils repo�t prepa�ed by a qualified p�ofessional engineer licensed in the state which describes how the proposed development will impact each of the foliowing on the subjec# property ar�d nearby prope�ties: (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 optimai iocation for roadway improvements. (c) Recommended methods for mitigating identified impacts and a description of how these mitigating measures may impact adjacent properties. (d) Any othe� information the city determines is reasonably necessary to evaluate the proposal. (4) !f 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 soifs repo�t be followed. (b) Tha# the applicant must pay for the services of a qualified professionai engineer selected and retained by #he city to review the soils report and other relevant information. (c) That a qual�ed professional engineer be present on site during all clearing and g�ading activi#ies. (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 distu�bed areas. ������� � _.�'°' � �_�, .:� �,.� y .,� �,. , � E��� {� � �_� � �', � .�_.�� _.�_ ___�-,d, Page 47 of 71 City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, Octo6er 19, 2010 with Ecology requir�d changes Article V. Streams 15.10.170 Stream setbacks. (1) No clearing and grading or improvements may take plaee or be located in a stream or within the foliowing stream setback areas except as allowed within this chapte�: (a) The stream setback area for a major stream includes ali areas within 100 fee# outward from the ordinary high water mark of a major stream. (b} The stream setback area for a minor stream includes all a�eas 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 stteam wili be taken out of the culve�t as part of development of the subject property. 15.10.180 Relocation. . {1) Relocation of a stream on the subject property is peRnitted subject to aN of the conditions and restrictions of this section. {2) A proposal to relocate a stream will be �eviewed and decided upon using p�ocess IV per Chapter 99.70 FWRC. (3) As part of any request under this section, the applicant must submit a stream relocation plan, p�epared by a qualified p�ofessional approved by the city that shows the following: (a) The c�eation of a natural meander pattem_ (b) The formation of gentle side slopes, at least two feet horizontally to one foot vertically, and the installation of erosion control featu�es for stream side slopes. (c) The creation of a na�row subchannel, where feasible, agains# 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. (fl 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 charac#eristics compatible with fish habitat areas, wherever feasible. (i) The filiing and revegetation of the prior channel. (j) A proposed phasing plan specifying time of year for al! project phases. (4) The city wi11 aflow 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 #he city shali inspect the new channel following its completion and issue a w�itten report to the shoreline administrator stating that the channel complies witfi 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 #he subject property. ��� ���� � 15.10.190 Culverts. �+ �' ` � h�, ,�� �,� ._..�-g_ ���� �`_l 1 _ ._.� Page 48 of 71 City of Federa! Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology r+equired changes (1) Culverts are permitted in streams within the shoreline jurisdiction of the City only if approved under this section_ (2) The city wi11 review and decide upon applications undet this chapter using process III per Chapter 19.65 FVVRC. .(3) The city will allow a stream to be put in a cuivert only if: (a) No significant habitat area will be destroyed; and (b) No other feasible site design alternative exists, which aliows 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 culve�t must be designed and installed to allow passage of fish inhabiting or using the stream. The culve�t 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 aQow free passage of water and, if applicable, fish. The city shall require a bond under Chapter 19.25 FWRC to ensure maintenance of the culve�t approved under this section. 15.10.200 Removal of streams from culverts. If development of the subject prope►ty �equires approval through Process 1, II, or III of Title 19 FWRC, #he city may require the stream to be taken out of the culvert and restored to a natural channel configuration as pa�t 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 st�eam by requiring the removal of detrimental materials such as debris, sediment, and invasive, non-native vegetation. Approval of stream �ehabilitation 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 #he stream or riparian zone, proposed corrective actions, including installation of native species within the riparian corridor, performance s#andards, monitoring schedule, planting plans, erosion and sedimentation control plans, and grading plans as necessary. Tfie 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 detrimen#a! to water quality, s#ability of stream banks, degradation of existing naturally vegetated buffers, or in stream habitat exists. Intrusions into regulated steep slopes and associated setbacks will be aliowed for purposes of approved stream rehabilitation projects. 15.10.220 Intrusion into stream setbacks. (1) Essentia! 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 instalied within o� during the Page 49 of 71 City of Federal Way SMP - Title � 5��t� !i ll�agement � Passed by Resofution 10-597, October 99, 2010 with �d1�9y��'e�'J-saa�ges -'- .a `'"' �AG���F.�.,�� construction of a residentiai subdivision, binding site plan, or other commercial devetopment_ (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 Ili per Chapter 19.65 FWRC, based on the following cnteria: (a) It will not adversely affec# water quality; (b) It will not adversely affect the existing quatity of wildlife habitat within the stream or setback area; (c) It wiN not adversely affect drainage or stormwater retention capabilities; (d) It will not lead to unstable earth conditions no� create erosion hazards; (e) !t will not be ma#erially detrimental to any other prope� nor to the city as a whole; and � (� lt is necessary to co�rect any one of the adverse conditions spe�ed 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 1V per Chapter 19.70 FWRC, based on the followi�g criteria: (a) It will not adversefy affect water quality; {b) It wi11 not adversely affect the existing quali#y of wildlife habitat within the s#ream or setback area; (c) It will not adversely affect drainage or stormwater retention capabiiities; (d) It will not lead to unstable earth conditions nor create erosion hazards; (e) It wiN 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 (fl 1# is necessary for �easonable 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 rnaterial tha# would be detrimental to water quality or the existing habitat. (2) The applicant may deposit d�edge spoils on the subject property only if part of an approved development on the subject property. {3) The applicant sha11 stabilize atl areas left exposed after clearing and grading with native vegetation normally associated with the s#ream or setback area. Article VI. Regulated Wetlands 15.10.240 Determination of wetland and regulated wetland. (1) Generally. The March 1997 Washington State Wetlands ldent�cation and Delineation Manual (Department of Ecology Publication No_ 96-94) as set fo�th in WAC 9 73-22-080, 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 wetiand may not meet the crite�ia described above, it will be considered a regulated wetland if it is functionally related to another wetland that meets the criteria. City of Federal Way SMP — Title 1 � r�gement �j Passed 6y Resolution 10-597, October 19, 2010 with �6���� c1f�'i3 ;,�_ � �`�'-� � � � 4 y . 50_.. ...� � �..,.T...: �... Page 50 of 71 Where vege#ation 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 photog�aphs_ (2) Evaluation. lf 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 professionat app�oved 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 �equired 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 o# that �egulated wetland. (a) An evaluation of whether the area in question is a regulated wetland based upon #fie definition of wetland and the size thresholds, outlined in FWRC 15,10.250. (b) An overview of the methodoiogy 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 iocation 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. ( fl A list o# potential plant or animat species based on signs or other observation. (g) An evaluation and assessment of tfie 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 rec�eation; and educational and cultural opportunities. (3) Drainage facilities. Surface water ponds, drainage ditches, and other such faciiities 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 intentionaNy human created. This is to differentiate from those wetiand sites that are accidental consequences of developme�tt 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 othen+vise 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 originaAy 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 ecologicat functions and values of the site. Page 51 of 71 City of Federal Way SMP — Title ����Ic�C�l�agement �j Passed by Resolution 10-597, October 19, 2090 with ��y'� � �cltarn,�e� �; ""`� ���� � � ����_,��,� (e) The drainage facility was not designed or constructed as a requirement to mitigate previous wetlarid impacts_ ( fl The director finds that limited ecoiogica! functions and values do not warrant application of the city's wetland regulations. 15.10.250 Wetland categories and standard buffers. (1) Wetlands are ciassified into the following categories: (a) Category I wetlands meet one of the following criteria: (i) Contain the presence of species or documented habita# recognized by state or federal agencies as endangered, threatened, or potentially extirpated plant, fish, or animal species; or (ii) Contain the presence of plant associa#ions of infrequent occurrence, irreplaceabie 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 ll wetlands are greater than 2,500 square feet in area, do not exhibit the cha�acteristics of Category I wetlands, and meet one of the fotlowing criteria: (i) Are contiguous with water bodies or tributaries to water bodies which unde� normai 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 lll 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 fo� 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 p�otect the wetiand from any adverse effects or impacts of the access and to limit the access to the defined access area. (3) Rehabilitation. The shoreline administra#or may permi# or require an applicant to rehabititate 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) ofi this section, the city may approve any request to locate an improvement or engage in clearing and Page 52 of 71 City of Federal Way SMP — Title 5 � � r agement Passed by Resolution 10-597, October 19, 2010 witfi ���d��9Y'��-��----=--�,,�.. PAGE�..�F., 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 nec�ssary encroachment_ Approval of a request for improvements or clearing and grading within a regulated wetland through Process IV of FWRC Chapter 19 shai! be based on the following c�iteria: (a) It wili not adversely affect water quality. (b) It will not adversely affect the exis#ing quality of the wetland's or buffer's wildlife habi#at. (c) It wiH not adverseiy affect drainage or sto�rnwater retention capabilities. (d) It will not lead to unstable earth conditions nor create erosion hazards. (e) It will not be materially detrimental #o any other property in the area of tfie subject prope�ty nor to the city as a whole, including the loss of open space. (fl It wiil result in no net loss of wetland area, function, or value. (g) The project is in the best interest of ihe 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 �epoct, prepared by a qualified professional approved by #he 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 const�uction plans. (iv) Timing. (v) Monitoring program for a minimum of five years. (vi) Contingency plan. (vii) Subject to the applicant's election of timing altematives 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, c�eation, or enhancemen#, within the same basin, of in-kind wetland #ype which results in no net loss of wetland area, function or value. Where feasible, mitigation measures shall be designed to, improve #he functions and values of the impacted wetland. (c) Minimum acreage mitigation ratio. The following are �atios for providing restoration, creation, or enhancement of impacted wetland areas. The first number of the ratio specifies #he acreage of wetland requiring restoration, creation, or replacement and the second specifies the acreage of wetlands impacted. Wetland Category Creation and Enhancement Restoration Category 1 6:1 12:1 (all types) Category II: Page 53 of 71 City of Federal Way SMP — Title ��i��'l�nagement _`���^ Passed by Resolution 10-597, October 19, 2010 with colog�requ�nges� ; A E � Forested 3:1 6:1 Scrub/Shrub 2:1 4:1 Emergent 2:1 4:1 Category f i I : Forested 2:1 4:1 Scrub/Shrub 1.5:1 3:1 Emergent . '1.25:1 2_5:1 The di�ectot may permit or requi�e the above replacement ratios to be increased o� decreased based on the following criteria: (i) Probable success of tfie proposed mitigation_ (II) Projected losses in function or value. (111) Findings of specia! studies coordinated with agencies with expertise which demonstrate that no net loss of wetland function or value is attained under an alternative �atio. (I� in no case shall the minimum acreage replacement ratio be less than 'I .25:1. (d) Timing. All required wetland mitigation improvements, including monitoring, shall be completed and accepted by the sho�eline 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. Atl wetland- or buffer-disturbing activities, and all mitigation, shall be timed to reduce impacts to existing plants and animals. (e) lnspections. The applicant shall pay for sefvices of a qualified professional selected and retained by the city to review the wetland mitigation repo�t and other reievant 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 #o 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 aliowed in this section, no clearing and grading may take place and no structure or improvement may be located within a regulated we#land buffer. (2) Wetland buffer averaging. Wetland buffers may be averaged only when the wetland or the buffer which is p�oposed 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 habita# functions. Through Process II1 per Chapter 19.65 FV1/RC, the applicant must demonstrate to the satisfaction of the shoreline administrator that the proposed buffer averaging wiil meet all of the following criteria: (a) Reduced buffers wil! not affect the water quality entering a wetiand or stream; (b) Reduced buffers will not adversely affect the existing quality of wildli#e habitat within the wetland or the buffer; (c) Reduced buffers will not result in unstable earth conditions nor create erosion hazards; and City of Federal Way SMP — Titl����f�l��rnagem�r�-- ��� Passed by Reso/ution 10-597, October 19, 20�0 w��q�y�uined ch �' t �.� � �� Page 54 of 71 (d) Reduced buffers will not be detrimentai to any other public or private properties, includi�g 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 shail 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 iocation and extent of the intnasion 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, waikways, and benches may be located within the buffer from a regulated wetland if approved through Process Ili per Chapter 19.65 FWRC, based on the foUowing criteria: (a) It will not adversely affect water quality; (b) It witl not adversely affect the existing quality of the wetiand's or buffe�'s wildlife habitat; (c) It wiU not adversely affect drainage or stormwater retention capabilities; (d) It will not lead to unstable earth conditions nor create erosion hazards; and (e) lt 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 111 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 p�oject includes a buffer enhancement plan which utilizes appropriate native vegetation and cleariy 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 permanentty altered state {e.g., roadways, paved parking lots, permanent structu�es, 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 1 wetlands, existing conditions are such that the wetland has bee� peRnanently 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 speci�ed in subsections (2) and {3j of this section, the city may approve any request to tocate an improvement or engage in clearing and grading within the buffer from a regulated wettand through Process IV per Chapter � 9.70 FWRC, based on the following cri#eria: (a) ft will not adversely affect water quality; ��� ��,� �`� � '�� ��� � _ t2�� � � ��: :�::�. Page 55 of 7� City of Federal Way SMP — Title 15 Shoreline Management Passed by Reso/ution 10-597, October 19, 2010 with Ecology nequired changes (b) It wiii not adversely affect the existing quality of the wetland's or buffe�'s wildiife habitat; (c) It wiil not adversely affect drainage or stormwater �etention capabilities; (d) It wilt not lead to unstable earth conditions nor create erosion hazards; and (e) It will not be materially detrimental to any other properly in the area of the subject property nor to #he ci#y as a whole, including the loss of open space_ Any modification under this subsection shalt 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 requi�e, as a condition to any mod�cation 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 alf areas left exposed after clearing and grading with native vegetation normally associated with the buffer. (8) Wetland buffer increases. The di�ecto� shall �equire inc�eased 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 additiona! buffer width is reasonably related to protection of environmentaAy sensitive area functions and values, or p�otec#ion of public health, safety, and welfare. Such determination shall be attached as permit conditions. The determination shall demonstrate that at ieas# 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 rnaintain 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 VI1. Critical Aquifer Recharge Areas and Wellhead Protection Areas 15.10 280 Limitations. 7"his division regulates any development activity, or division of land which requires review under Title 14 FWRC, Environmental Policy, and which is located within designated wellfiead cap#ure zones. Wellhead Capture Zones 1, 2, and 3 are designated as critical aquifer recharge areas under the provisions of the Growth Managemen# 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 tha# 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 pubiic water soufce wells. (1) Wellhead Capture Zone 1 represents the land area overlaying the one-year time- of-travei zone of any public water source well owned by LUD. �e��' ��°'�` _� � ------�-�-.•-.�� Page 56 of 71 City of Federal Way SMP - Title �5�► �°� an �m�i � l�_ �_ ,,, .,_�. Passed by Resolution 90-597, October 19, 2010 with Ecology requined 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 tand area contained in Wellhead Capture Zone 1. (3) Wellhead Capture Zone 3 represents the land area overiaying 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 criticai aquifer recharge area and wellhead protection area if the applicant can show tha# the proposed activity will not cause contaminants to ente� the aquifer. (2) The �ity 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 p�evention, cont�ot, and treatment (AKART). (3) The proposed activity must comply with the wa#er source protection requirements and recommendations of the Federal Environmental Protection Agency, State Depar#ment of Ecology, State Department of Health, and the King County health department. (4) The proposed activity must be designed and constructed in accordance with #he King County Surface Water Design Manual (KCSWDM), the Federal Way Addendum to the KCSWDM, and the King County Stormwater Pollution Contro! 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, trea#ing, using, producing, recycling, or disposing of hazardous materials or other deleterious substances shall be prohibited in Wellhead Capture Zone 1, except as specified in FV11RC 19.30.170. These land uses and activities inciude, but are not limited to: (a) On-site community sewage disposal systems as defined in Chapter 248-272 WAC; (b) Haza�dous iiquid pipelines as defined in Chapter 81.88 RCW; (c) Solid waste landfills; (d) Solid waste transfer stations; (e) Liquid petroleum refining, reprocessing, and storage; (fl 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 ruie for industrial wastewater treatment processes per WAC 173-303-802(5)(c)); (h) Chemicai manufacturing, in�luding but not limited to organic and inorganic chemicals, plas#ics and resins, pharmaceuticals, cleaning compounds, paints and lacque�s, and agricultural chemicals; (i) Dry cleaning establishments using the solvent perchloroethylene; (j) Primary and secondary metal industries that manu#acture, produce, smel#, or refine ferrous and nonferrous metals from molten materials; (k) Wood treatment faciiities, including wood preserving and wood products preserving; (f) Mobiie fleet fueling operations; �� � Page 57 of 71 City of Federal Way SMP — Ti �f�' e en ��; `� Passed by Resolution 10-597, October 19, 2010 w j� qui�o�es �� ..ti..—.->.-��.'=�s.� (m) Mining (metal, sand, and gravel); and (n) Other land uses and activities tha# the city dete�mines 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 poliuting uses are discove�ed, or o#her terms of description become necessary, they wil! 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 Poiicy, located in critica! aquifer recharge areas (Wellhead Capture Zones 1, 2, and 3) shall submit a hazardous materials inventory statement with a development permit apptication. Ongoing opera#ion and maintenance activities of public wells by public water providers are exempt from these requirements. (2) The development review committee will review the haza�dous materiais i�ventory statement along with the land use application, to determine whether hazardous materials mee#ing 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 shalt make the following determination: (a) No hazardous materiais 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 potentiai to significantly impact critical aquifer recharge areas and wel�head capture zones; however, sufficient information is not availabie to evaluate the poten#ial impact of contamination. The city may require a hydrogeologic c�itical area assessment repo�t to be prepared by a qualified groundwater scientist in o�der to de#ermine the potential impac#s of contamination on the aquifer. The repo�t shall include the foHowing site- and proposal-related information, at a minimum: (i) Info�mation 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 wate� 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 shaH include provisions for inspection as required by the applicable state regulations. (4) A g�oundwater monitoring plan may be required to monitor quality and quantity of groundwater, surface water runoff, andJor site soils. The city may require the owner of a facility to install one or more groundwater monitoring wells to accommodate h equired a� . , Page 58 of 71 City of Federal Way SMP — Title .�r� �ag�►e�t -- � � Passed by Resolution 10-597, October 19, 2010 with ��y� `_ ired char��� � �-� � groundwater monito�ing_ Criteria used to determine the need for site monitoring shal! include, but not be limited to, the proximity of the facility to productior� or monitoring wells, the type and quantity of hazardous materiais on site, and whether or no# the hazardous mate�ials are stored in underground vessels. (5) The city may employ an outside consultant at the applicanYs expense fo� third- party review of the hydrogeologic critical area assessment report, the spill containment and �esponse pian, and #he groundwater monitoring plan. 15.10.330 Performance standards. (1) Any new or existing use applying fo� a development permit, or subdivision approval which requires review under Title 14 FWRC, Environmental Policy, within . Wellhead Capture Zone 1, which involves storing, handiing, 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 ac#ivity shal! provide secondary containment #or 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 Chapte� 173-360 WAC (Unde�ground Storage Tank Regulations) are exempt f�om the secondary containment requirements of this section; provided, #hat 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 ali 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 Federaf Way, and shall be ce�tified #or compliance with the �equirements of this section by a pro#essional engineer or engineering geologist registered in the state of Washington_ (c) The foilowing standards shall apply to construc#ion activities occurring where construction vehicles wili be refueled on site, and/or hazardous materiais 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 aN 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 #ake mitigating actions necessary in the event of a fire or spiN; (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 unsupenrised are inaccessible to the public. Lodced storage sheds, locked fencing, locked #uel tanks on construction vehicles, or other tech�iques may be used #o preclude access; �.. °� Page 59 of 71 City of Federal Way SMP - Tdle �'J Sif��n�M nagem � �� � Passed by Resolution 90-597, October 19, 2010 with ��c +�quired cha, c�� � t _ i � ..�..--- � J ) (v) Practices and procedures to ensure that construction vehicies and stationary equipment tha# 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 �epaired in place, provided the ieakage 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 Intemational 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 sto�ed at the construction site. On-site cleanup materials may suffice for smaller spills, whereas cleanup of larger spilis may require a subcontract with a qualified cleanup contractor. Releases shall immediateiy be contained, cleaned up, and repo�ted according to state requirements. (2) Any development activity, or division of land which requires review under Title 14 FWRC, Environmental Policy, within aii weilhead capture zones (1, 2, and 3), which involve storing, handling, treating, using, producing, recycling, or d'+sposing of hazardous materials, or other deleterious substances, meeting the definition of Chapter 19.05 FWRC sha11 comply with the following standa�ds: (a) Fleet and automotive service station fueling, equipment maintenance, and vehicle washing areas shall have a con#ainment 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 #ransfe�, handling, treatment, use, production, recyciing, or disposal of hazardous materials or othe� dele#erious substances. (b) Secondary containment or equivalent best management practices, as approved by the di�ector of community development services, shall be �equired at loading and unloading areas that store, handle, treat, use, produce, recycle, or dispose of hazardous mate�ials, or other deleterious substances, meeting the definition of Chap#er 19.05 FV1lRC_ (c) Fill materiat shall not contain concentrat�on of contaminants that exceed cleanup standards for soil as specified in the Model Toxics Contro! Act (MTCA). An impo�ted 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 analyticat results to demonstrate that fill materials do not exceed cleanup standards. The impo�ted 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 deveiopment or redevelopment shall implement best management practices (BMPsJ 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 critica! aquifer recharge a�eas and wellhead protection areas. � ������ �� Page 60 of 71 City of Federa! Way SMP - Title r ��inenf t Passed by Resolution 10-597, October 99, 2010 with uired ��g ���,_�� � Proposed developments with maintained landscaped areas greater than 10,000 square #eet in a�ea which require review under Title 14 FWRC, Environmentai Policy, shail prepare an operations and management manual using best management p�actices (BMPs) and integrated pest management (IPM) for fe�tilizer and pesticide/herbicide applications. The BMPs shall include �ecommendations on the quantity, timing, and type of fe�tilizers applied to lawns and ga�dens to protect g�oundwater quality. � � � � � � � ..�. ----� � _.. ��� � �� F �.���. Page 81 of 71 City of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 19, 2010 with Ecology requined changes Chapter 15.15 FLOOD DAMAGE PREVENTION Article 1. Generally 15.15.010 Purpose. it is the purpose of this chapter to promote the public health, safety, and general welfare and minimize pubiic and priva#e iosses due to flood conditions in specific areas by p�ovisions designed: (1) To protect human life and heaith; (2) To minimize expenditure of public money and costly flood contfol projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the generai public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and u#ilities 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 speciai flood hazard assume responsibility for their actions. 15.15.020 Adoption of state and federa! statutes and regulations. The following state statutes and administrative regulations, as currently exis#ing and hereafter amended, are hereby adopted by this reference as if set forth in full: (1) Chapter 86.16 RCW, Fioodplain 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 Me#hods of reducing flood losses. In order to accomplish i#s purposes, this chapter includes methods and provisions for. (9) 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 filoods, inctuding facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Contro!ling the alteration of natural flood plains, stream channels, and naturai 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� r " rt floodwaters or may increase flood hazards in other areas. �-�������-- ---- -- � T�'° }+�, 4 �7 L��.....e..•rv� �� �_ �:._^wrye='4.ih�i9Yk� Page 62 of 71 City of Federa! Way SMP — Title 15 Shoreline Management Passed by Reso/ution 10-597, October 99, 2010 writh Ecology required changes 15.15.040 Definitions. The following words, terms and phrases, when used in this chapter, shaA have the meanings ascribed to them in this chapter, except where the context clearly indicates a diffe�ent 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 mos# reasonable application. Appeal means a request for a review of the interpretation of any provision of tfiis chapter or a request for a flood variance. Area of shallow flooding means designated as AO or AH zone on the flood insura�ce rate map (FIRM). AO zones have base flood depths that range from one #o 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 specia! flood hazard means the land in the flood plain within a community subject to a one percent or g�eater chance of flooding in any given year. Designation on rnaps 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 ta as the "100-year flood"). Designated on flood insurance rate maps by the letters A or V. Basement means any area of the buitding having its floor sub-grade (below ground level) on ail sides. Breakaway wall means a walt that is not part of the structural suppo�t of the buiiding 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 F1RM 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 eme�gency response installations, and installations which produce, use, or store hazardous materials or hazardous waste. Development means any manmade change to improved or unimproved real es#ate, including but not limited to buildings or other structures, mining, dredging, filiing, 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 Fede�ai 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, plings, or columns. Elevation cert�cate means the officiat 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 park or subdivision means a manufactured home parlc or subdivision for which the construction of facilities for servicing #he lots on which the Page 63 of 71 y City of Federal Way SMP - Title 15 S C� Ii ���� p nt �� Passed b Resolution 10-597, October 19, 2010 with E an es __— -. � �i.l.a � >�� ��� manufactured homes are to be affixed (including, at a minimum, the instailation of utilities, the construction of streets, and either final site grading or the pou�ing 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 const�uction of streets, and either final site grading or the pouring of concrete pads). Flood or flooding means a generai and temporary condition of partial or complete inundation of normally dry iand 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 sou�ce. Flood insurance rate map (FIRM) means the officia! map on which the Federal Insu�ance Administration has delineated both the a�eas of specia! flood hazards and the risk premium zones applicable to the community. Flood insurance study (FIS) means the official repo�t provided by the Federal Insurance Administration that includes flood profites, the flood boundary-floodway map, and the water surface elevation of the base flood. Flood variance means a grant of relief from tfie requirements of this chapter that permits construction in a manner that would othenrvise 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 wi#hout 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 #or 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 buil# so as to render the structu�e in violation of the applicable non-elevation design requirements of this chapter found at FWRC 15.15.140, provided there are adequate flood ventiiation openings. Manufactured home means a structure, transportable in one or more sections, whicfi 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 pa�cel (or contiguous parcels) of land divided into finro or more manufactured home lots for rent or sa1e. New construction means structures for which #he "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 parlc 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 finai site g�ading or #he 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 horizonta! projec#ion; (3) Designed to be self-propelled o� permanently towable by a light du tr�y�, and �� y Page 6a of 71 City of Federa! Way SMP — Titl i�o�� aagre�ent "^` �� "'�'. Passed by Resolution 10-597, Ocfober 19, 2010 with�� uired ch 'Z�„�� ���� ��-T � (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travei, or seasonai use. Start of construction includes substantial improvement, and means the date #he building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 980 days of the permit date. The °actual sta�t" means either the first placement of permanent construction of a structure on a site, such as #he 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 manufactu�ed 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 andlor walkways; nor does it include excavation for a basement, #oo#ings, piers, or foundations or the erection of temporary forms; nor does it include the installa#ion 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 const�uction means the first alte�ation of any wall, ceiling, floo�, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means a walied and roofed building, including a gas or liquid storage tank that is principally above ground. Substantia! damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to i#s before-damaged condition would equal or exceed 50 percent of the market value of the structure befo�e 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: (9 ) Before the improvement or repair is started; or (2) If the structu�e 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 othe� structurat pa�t of the building commences, whether or not that alteration affects the extemal 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 #he locaf code enforcement official and which are the minimum necessary to assu�e safe living conditions; or (4) Any alteration of a structure lis#ed on the Nationa! Register ofi Historic Places or a State Ir�ventory of Historic Places. Waterdependent 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 II. Provisions 15.15.050 General provisions. (1) Applica#ion of chapter. This chapter shall apply to aN areas of special flood hazards within the jurisdiction of Federal Way. The areas of special flood hazard ident�ed by the Federal Insurance Administration in a scientific and engineering report entitied "The Flood Insurance Study for Federal Way" dated May 16, 1995, and any ,� Page 65 of 71 City of Federal Way SMP — Title nagement Passed by Resolution 10-597, October 19, 2010 wi -- �AGE � �F � !. � � revisions thereto, with an accompanying flood insurance rate map (F1RM), 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 bes# available information for flood hazard area identification as outlined in FWRC 15_15.070 shail be the basis for regulation until a new FIRM is issued that incorporates data utilized under FWRC 15.15.070. (2) Penalties fornoncompJiance. No structure or land shall hereafter be const�ucted, located, extended, converted, or altered without full compliance with the terms of this chap#e� and other appiicable regulations. (3) Summary abatement. Whenever any violation of this chapter causes or creates a condition, the continued exis#ence of which constitutes or contributes to a� 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, sha8 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) lnterpretation. 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 unde� state statutes. (6) Waming and disclaimer of liabilit}r. The degree of flood protection requi�ed by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger #loods can and will occur on rare occasions. Flood heights may be inc�eased by manmade or natural causes. This chapte� does not imply that iand outside the areas of specia! 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 retiance 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 o#her activities, also as set forth in FWRC 15.15.040. (2) Application for development permit. Application for a development permit shai! be made and will include, but not be limited to, plans in dupiicate drawn to scale showing the nature, focation, dimensions, and elevations of the area in question, existing or proposed structures, fill, storage of materials, drai�age facilities, and the location of the #oregoing. Specifically, the following information is required: —, �s ��'��'°'� � � � __. . . _._.. _� ,`,.,.�.- Page ss of 7� City of Federal Way SMP — Title 15 S�h eli e anageme . Passed by Reso/ution 10-597, October 19, 2010 with Ec�°"�l��r�al chang�'J F� � �.--�-�� �� {a) Elevation in reiation to mean sea levei, of the lowest floor (including basement) of all st�uctures 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 levet to which any structure has been floodproofed; (c) Certification by a registered p�ofessional engineer or architect that the floodpcoofing 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 devetopment. (3) Designation oithe administrator. The director or designee is hereby appointed to administer and implement this chapter by granting or denying development permit applications in acco�dance with its provisions. The di�ector shall: (a) Review all development applications to determine that the requirements of this chapter have been satisfied; (b) Review all developmen# applications to determine that all necessary permits have been obtained from those federal, state, or local govemmental agencies from which prior approval is requi�ed; and (c) Review ali 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 j are met. 15.15.070 Use of other base flood data (in A and V zonesj. When base #lood elevation data has not been provided (in A or V zones) in accordance with FWRC 15_15.050{9), the director shall obtain, review, and reasonably utilize any base flood eleva#ion and floodway data available from a federal, state o� 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 FV1/RC 15.15.070, the applicant shall obtain and record the actual (as-builtj elevation (in relation #o mean sea level) of the iowest floor (inciuding 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 wilt be completed by the city: (2) For al1 new or substantially improved floodproofed nonresidential struc#ures where base flood elevation data is provided through the FIS, FIRM, or as required in FWRC 15.15.070, the applicant shali obtain and record the elevation (in relation to mean sea level) to which the structure was floodproofed and provide such in#ormation to the city. The city shall main#ain the floodproofing certifications required in FWRC 15.15.060(2)(c). (3) The city shall maintain for public inspection a11 records pertaining to the provisions of this chapter. 15.15.090 Alteration of watercourses. The city shali notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such not�cation to the Federal Insurance Administration and sha11 require that maintenance is provided Page 67 of 71 City of Federal Way SMP — Title �agement � Passed by Resolution 10-597, October 19, 2090 with �� t �`!��� ��_��� �.:��-a:� within the altered or relocated portion of said watercourse so that #he flood carrying capacity is not diminished. 15.15.100 Conditions for flood varia�ces. (1) GeneraNy, flood variance requests for proposals located within the shoreline jurisdiction shail 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 irregula�ly shaped lot contiguous #o and surrounded by iots with existing structures constructed below the base flood ievel. As the lot size increases, the technical justification required fo� 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 oniy be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (4) Flood variances shall oniy be issued upon: {a) A showing of good and sufficient cause; (b) A determination that failure to grant the variance would resul# in exceptional hardship to the appiicant; 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 ofdinances. {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 wate�tight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with ail other variance criteria except subsection (a) of this section and otherwise complies with FWRC 15.15.110{1) 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 foilowing 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) AI! manufactured fiomes shail 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. . �, � � � g Page 68 of 71 City of Federal Way SMP — Trtle 15 ��r`�ii agement .___ __� .�_, Passed by Resolution 10-597, October 19, 2010 with Ecpl�y �g��� �� ��� E �O 0 (a) Ail new construction and substantiai improvements shall be constn.�cted witM materials and utility equipmen# resistant to flood damage_ (b) All new construction and substantiai improvements shap be constructed using methods and pfactices that minimize flood damage. (c) Efectrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or othenroise 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 shali 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 shal! be located to avoid impairmen# to them or contamination from them during flooding. 15.15.120 Subdivision proposals. (1) A!I subdivision proposals shall be consisten# with the need to minimize flood damage; (2) All subdivision proposals shail have public utilities and facilities, such as sewer, gas, electrical, and water sys#ems, located and constructed to minimize or eiiminate flood damage; (3) All subdivision proposals shal! have adequate drainage provided to reduce exposure to flood damage; (4) Where base flood elevation da#a has not been provided or is not available from another authoritative source, it shall be genera#ed for subdivision proposals and other proposed devetopments 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 authori#ative source (FWRC 15.15.070), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding as deteRnined 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 fo�th in FWRC 15. 9 5.050(1) or 15.15.070. (1) Residential constnaction. (a) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foo# or more above the base flood elevation (BFE). (b) Fully enclosed areas below the iowest floor that are subject to flooding are prohibited, or shall be designed to automaticaliy equalize hydrostatic flood forces on Page 69 of 71 City of Federal Way SMP — Title 15 �i��i�lirJ� Ibla�� � k� "� Passed by Resolution 10-597, Octobe� 19, 2090 with Ec�pgy R�� changQ �'�.� r� � �� �� exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a regis#ered professional engineer o� architect or must meet or exceed #he following minimum criteria: (i) A minimum of two openings having a total net area of not tess than one square inch for every square foot of enclosed area subject to flooding shall be provided. (ii) The bottom o# all openings shall be no higher than one foot above grade. (iii) Openings may be equipped with sc�eens, louvers, or other coverings or devices; provided, that they peRnit the automatic entry and exit of floodwaters. Foundation vent standards required by the IBC/IRC outside the floodplain do not meet this s#andard and are often inadve�tently permitted. Insurance rates reflect an "all or nothing" standard. Partially ventilated crawlspaces may be subject to an addirional loading fee of 20 to 25 percent attached to the annual insurance premium. (2) Nonresidential construction. New construction and substantiai improvemen# of any commercial, industrial, or other nonresidential structure sha11 eithe� have the lowest floor, including basement, elevated one foot or more above #he 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 st�ucture is watertight with walfs substantialiy 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 shaN be provided to the official as set forth in FWRC 15.'15.060(2); {d) Nonresidentiai 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. Appiicants who are floodproofing nonresidential buildings should beware that flood insurance premiums will be based on rates that are one #oot below the floodproofed level (e.g., a building floodp�oofed to the base flood level will be rated as one foot below). Floodproofing the building an additional #oot will reduce insurance premiums significantly. (3) Manufactured homes. All manufactured homes in the floodplain to be placed or substantiatly improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manu#actured 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 si#es are required to either. (a) Be on the site for fewer than 180 consecu#ive days; or (b) Be fu8y 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. 95.15.150 AE and A1-30 zones with base flood elevations but no floodwa s. ,� EXH��IT� Page 70 of 71 City of Federal Way SMP — Title 1 anage ` Passed by Resolution 90-597, October 19, 2010 arith E������� F�.°.�.�.=_� � � � 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 A1-30 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, wili not increase the water surface elevation o# the base flood more than one foot at any point within the community. 9 5.15.160 Floodways. Located wi#hin areas of special flood hazard established in FWRC 15.15.0�0(9) 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 haza�dous area due to the velocity of floodwaters that can carry debris, and increase e�osion poten#ial, tfie following provisions apply: {1) Encroachmen#s, 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 perfortned in accordance with standard engineering practice that the p�oposed encroachment would not result in any inc�ease in flood levels during the occurrence of the base flood discharge. (2) Construction or reconstruction of residentia! s#ructures is prohibited within designated floodways, except for (a) repairs, reconstruction, o� improvements to a s#ructure 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 s#ructure either (1) befiore the repair, or reconstruction is started, or (2) if the st�ucture has been damaged, and is being restored, before the damage occufred. Any project for improvement of a structure to co�rect existing violations of state or locai 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, a!I new construction and substantiai imp�ovements shall comply with alt 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 #he special flood haza�d area (SFHA) (900-year filoodplain). Cons#ruction of new critical facilities shall be perrnissibie within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowes# floo� 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 wilt not be displaced by or released into floodwa#ers. Access routes elevated to or above the level of the base flood elevation shaU be provided to afl critical facilities to the extent possible. � X �""� � � � � ------�,. --- � --�---�� t ��:C� E ��� � � . �.�_�..� Page 71 of 71 Cify of Federal Way SMP — Title 15 Shoreline Management Passed by Resolution 10-597, October 99, 2010 with Ecology r+equired changes COITNCIL MEETING DATE: October 18, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:�_ Su�Cr: Accessory uses and convention centers in the Office Park Zone POL[CY QUESTION Should the City amend the Federal Way Revised Code (FWRC) related to accessory uses and convention centers in the Office Park (OP) zone? COM1KrrcEE: Land Use/Transportation Committee MEETnvG DATE: October 3, 201 I CATEGORY: ❑ Coesent /�1 ■ Ordinance H ■ Public Hearing ❑ City Council Business Resolution Ot6er S'rAFF REpoR'r BY: Principal Planner Margaret H. Clark, AICP DEe'[': 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 E�chibits 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 RECOMMENDnT[ON: The Mayor recommends adoption of the proposed amendments as written in the Draft Adoption Ordinance. �� j� A MAYOR APPROVAL: COMMTI'TEE RECOMMENDATION: 1 move to forward �l'c..- � e Chair PROPOSED COUNCIL MOTION(S): l READING OF ORDINANCE (OCTOBER 18, 201 Council Meeting for adoption. D[RECTOR APPROVAL: to First Reading on October 18, 2011. Member Member 1 move to jorward approval of the ordinance to the November 1. 2011, 2'� READING OF ORDINANCE (NOVEMBER 1 , 2011): "I move approval of the proposed ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: GQ ❑ APPROVED COUNCIL BILL # �7 L!� ❑ DENIED 1� rexding ❑ TABLED/DEFERRED/NO AC['ION Enactment reading � MOVED TO SECOND READING (ordirwnces only) ORDiNANCE #! REV[SED— 08/12/2010 RESOLUT'ION # K:12011 Code Amendments�Accessory V✓arehouse in OP Zone�I,UTC�10031 I Meeting�,4genda Bill.doc ORDINANCE NO. AN ORDINANCE of the City of Federa! Way, Washington, relating to types of accessory uses and status of convention centers in the Office Park Zone; amending FWRC 19Z35.010, 19.235.020 and 19.235.030. (Amending Ordinance Nos. 90-43, 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 federat 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 appeais were received and the DNS was finalized on June 27, 2011; and WHEREAS, the Planning Commission conducted a duly noticed pub(ic hearing on these code amendments on June 15, 2011, and forwarded a recommendation of approval to the Land Use Transportation Committee; and Ordinance No. l 1- Page 1 of 8 � vio �u WHEREAS, the Land UselTransportation Committee of the Federal Way City Counci( 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. Findin�s. The City Council of the City of Federal Way malces 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 deveiopment. (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 foliowed 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. Ordinance No. 11- Page 2 of 8 Rev 1/10 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, o�ce, industrial, and supportive uses to meet the needs of workers and consumers, in wetl 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 regionat 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. Ordinance No. 11- Page 3 of 8 t�+ u�o cv 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 o�ce park (OP) zone subject to the re�ulations and notes set forth in this section: � z O F a � � USE a Office use Retail establishment providing banking and related Retail establishment providing office supplies, printing and duplicating See notes 2 and -1� � Process I,11, III and [V are described in Chepter 19.55 FWRC, Chapter 19.60 FWRC, Mixed Uses: Determined on a case-by- case basis �' ZONE SPECIAL REGULATIONS AND NOTES 1. If approved through process III, the height of a structure may exceed 55 ft, above average building elevatic to a maximum of �O ft., if all of the foliowing criteria are met: a. T'he additional height is necessaty to accommodate the particular use conducted in the building; and b. The subject property does not adjoin a residential zone; and c. Each required yazd abutting the structure is increased one ft. for each one R. the structure exceeds 55 ft. above average building elevation; and d. The increased height will not block views designated by the comprehensive plan; and e.1'he increased height is consistent with goals and policies for the area of the subject property as established by the comprehensive plan. 2. Front yard setback: 25 ft, if entry is visible from R.O. W. and front facade is 15% glass; 35 R. if landscape buffer and stormwater facilities are located in the front yard; or 50 ft. if parking and driving areas are located in the front yard, 3. If any portion of a swcture on the subject properry is within 100 ft. of a residential zone, then that portion of the structure shall not exceed 30 ft. above average building elevatioa 4. ccessory , . uses mav be a. The placement. orientation. desicn. and other site desi¢n and architectural features of the prouosed �The exterior appearance of that portion of the buildine housinR the accessory uses wiil be comparable to the exterior apnearance of other buildings on the subjectpro�ertv. 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. For other information about parking and parking areas, see Chapter 19. l30 FWRC. Ordinance No. I1- � 0 � 3 .�, = aa � a USE ZONE CHART ', read down to find use ... THEN, acros Minimums Re uired Yazds � �. �+ t 4 o v 'o ` � � `s o � � �� �� ri v� aG x�n � a 55 ft. General above office and average retail: 1 for building each 300 sq. elevation ft. gross floor area See notes 1 and 3 Medical and dental office: 1 for each 225 sq. ft. of gross floor azea III See 50 ft. 20 ft. 20 ft. note 10 Except 20 ft. along See notes residential zones for ! a�'3 side and rear yazds Page 4 of 8 Rev 1/10 LU 19.235.010 Office/retail. (Continued) ['he followin uses shall be ermitted in the office ark OP zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS v� Minimu p � Re uired Yards� � ZONE o .. '° a ro� � °" v� � � � v o� `� OP c� '�. �; � � � � �, � �s .., USE � a� a � N a x� �� 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 sVeet while waiting in line and will not unreasonably interfere with on-site traffic flow. �8: Q, 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, eta � 10. For communiry design guidelines that apply to the project, see Chapter 19.115 FWRC: -1�- 1�, For landscaping requiremenu that apply to the project, see Chapter 19.125 FWRC. -�3: � For sign requirements that apply to the project, see Chapter 19.140 FWRC. -�4. 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 For other information about parking and parking azeas, 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. I 10.050 et seq. Chapter 19.90 FWRC respectively. For details regarding required yazds, see FWRC 19.125.160 et seq. Ordinance No. 11- Page 5 of 8 � Rev I/IOLU Section 5. FWRC. 19.235.030 "Limited commercial," is hereby amended to read as follows: 19.235.030 Limited commercial. The followin uses shall be ermitted in the office ark OP zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS � Minimums 0 y Re uired Yards y � � � ZONE e ^ a �� �3 N � o� �� OP a G7 ��. �; `� c a� � o, � o. ,� USE � a c� a u�". v x x v� oi a SPECIAL REGULATIONS AND NOTES 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 35 ft. 20 ft. 20 ft. average 500 sq. ft. maximum of 55 ft., if all of the following criteria are met: photography, Possible See 50 ft. 20 ft. 20 ft. buiiding gross floor a. The additionai height is necessary to accommodate the particular use conducted in the building; and cinematography Process note 7 See notes 2 and 9 elevation azea, unless b. The subject property dces not adjoin a residential wne; and or video III use c. Each required yard abutting the structure is increased one ft. for each one ft. the structure exceeds 35 8. above production, See notes 1 includes average building elevation; and broadcast studio See note and 3 accessoty 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. Pront yard setback: 25 ft. if entry is visible from R.O.W. and front facade is 15% glass; 35 R. if landscape buffer by-case and stormwater facilities are located in the front yard; or 50 R. if parking and driving areas are located in the front Reseazch basis yard. development and 3, If any portion of a swcture on the property is within 100 ft. of a residential zone, then that portion of the structure testing facilities, shall not exceed 30 R. 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, elecVOnics fumes or odors. technologies and dental labs (Continued) Pracess I, II, III and IV are desoribed in For other information about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter 19.60 FW1tC, Chapter 19.65 F'WRC, 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 U10 LU 19.235.030 Limited commercial. (Continued) he followin uses shall be ermitted in the office ark OP zone sub'ect to the re ulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ,.. THEN, across for 12EGULATIONS � Minimums d y Re uired Yards �, o � � ZONE � '° o`. „ m o ' `n �P � � w� � '� .� �v�i � � ;�b �i �5 X USE a a a a w � a x� a 0. SPECIAL REGULATIONS AND NOTES �4ssesse�y 5. Accessory uses maybe allowed subject to the �veFekesse following criteria: €asi�i�ies . See-t�ete3 b- �, The placement, orientation, design and other site design and architectural features of the proposed building and site plan demonstrate that this use will not deVact from the principal charactcr of the subject property as an office park. Convention, s� The exterior appearance of the warehouse facility will be comparable to the exterior appearance of other conference, buildings on the subject property, and uade . . centers e:6. 'fhe subject property is designed so that ttuck parking, loading and maneuvering areas; areas where noise assesiate� generating outdoor uses and activities may occur; and vents and similar features are located as faz as possible from any egetHe� residential zone. �� . ' , , +p-�is-xer�e . 7. No maximum lot coverage is estabiished. Instead, the buildable area will be determined by other site development See-aetab 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. l0. For sign requiremenu that apply to the project, see Chapter 19.140 FWRC. 11. Refer to Chapter 19.265 FWRC to detertnine what other provisions of this chapter may apply to the subject property. Process I, II, III and IV are described in For other informatian about parking and parking areas, see Chapter 19.130 FWRC. Chapter 19.55 FWRC, Chapter t9.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et seq. Chapter 19.90 FWRC respectively. For details regarding required yazds, see FWRC 19.125.160 et seq. Ordinance No. 11- Page 7 of 8 Rev I/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 va(idity 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 priar 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 pub(ication 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.: K:12011 Code AmendmentsWccessory Warehouse in OP ZoneU.UTC1100311 Meeting\Ordinance.doc Ordinance No. 11- PaBe 8 oj8 Rev !/IO LU Staff Report to the Planning Commission with Exhibits A-K City of Federal Way PLANNING COMMISSION June 15, 201 t 7:00 p.m. City Hall Councit Chambers AGENDA l. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES May 18, 2011 4. AUDIENCE COMMENT 5. ADMINISTRATNE REPORT 6. COMMISSION BUSINESS • PUBL[C HEARING Proposed Amendments Re(ated to Restaurants, Accessory Uses, and Convention Centers in the Office Pazk (OP) Zone 7. ADDITIONAL BUSINESS 8. .ADJOURN comm�� c�ey sr$a Merle Pfe�u; Chair Hope Elder, t�ice-Chair Patrick Doherty. Director of Community & Econoneic De�lopraent Lawson Bronson Wayrie Carlson Margaret Clarrk Principa! Pla»ner Tom Medhurst Scvady Long E Tina Piety, Adininistrative Assiswnt Tim OlVeil 253 wxnv. citvollederalwm! rnm [c-� co�a�zouu� 06.� s-u.aoc C[TY OF FEDERAL WAY PLANNING COMMISSION May 18, 2011 City Hall 7:00 .m. Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, E[ope Elder, Wayne Car(son, Tom Medhurst, Lawson Bronson, Tim O'Neil, and Sarady Long. Commissioners absent: None. Staff present: Ptanning Manager [saac Conlen, Principal Planner Margaret Clark, Senior Planner Janet Shu11, 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 Aprii 20, 20 i t, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Mr_ Conlen atwounced the next Planning Commission meeting will be June 15�', which wili be a public hearing on a citizen requested changes to the Office Park (OP) zone. COMMISSION BUS[NESS PUBLIC HEAIUNG – Proposed Amendments Related to Aitowing Animal Kennels and Animal Care Facilities in the Neighborhood Business (Bt� 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 inciude a definition for animal kennel. ' Commissioner O'Neil asked staff to explain how the noise regulations worl� 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 rime the noise continues is also taken into account At night, the dBa iimitation 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 aze ten feet away , tl�yett--gte�9--��t��-ise�l�9uct��tha�-�'hiS-ts_.doII�nn—_a lo�cs al�Dron��dBa .-- by 10, halves the sound level. Commissioner Carlsc>n asked if the noise regulations would pectain on(y to outdoor dog runs. He is conc�rned that some businesses that only have animals inside will still be too noisy. Commissioner Medhurst expressed concein about nigfit time noise. Do other jurisdictions have tune limits for outside runs? Commissioner O'Neil elcpressed concem over the number of animats. What about the noise if they have 50 to 50 aciunals? Ms• Clark responded that other jurisdictions do not have time limits. She went on to state that ail businesses must comply with the city noise ordinance, which uses the sacne tanguage as tc:�Plao�as Coam��sHOO12ouWteaing summ�r os-�9a Lmc Pianning Commission Minutes Page 2 May L8, 201 i the state's noise cegulations. There are some dog kennels in other zones of the city and the city has not received any noise complaints about them. Jon Moore - EIe is the owner of a grooming facility. He stated that dog day-care and doa kennel are two different things_ Some dog day-cares will have an outdoor component. Generaily, the animais are brought in at night. `Che business and animal owners do not want the anima(s left in an uncontro(led situation. If animals are teft out at night, the night-time staff wil( calm the animats if they act-up and make a lot of noise_ His business (and none oE the others he is in contact with) has not received any noise comptaints. He suggested the proposed amendments sepacate out breeding kennels. A breeding kenne( may have up to �0 dogs and many unneutered ma(es. They are very noisy and aze not suited for the BN zone_ Commissioner Bronson agreed that the breediag tanguage 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 secondec� 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 STIJDY SESSION - Bicycle and Pedestrian Master Ptan Ms. Shull detivered the staff presentation. The citywide Bicycle and Pedestrian Master Plan is a component of the Cities Putting Prevention to Work (CPPV� grant. The overa.11 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 Federai Way with the regiona! 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 curnnt non-motorized section of the Federal Way Compreherrsive Plan transportation chapter. This section was iast updated ici 1994. An advisory committee was formed to help guide development of the plan. So faz 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 swvey 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 approximateiy 50 responses to the on line survey_ The results show that ti�ose 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 af bike routes and faciliries. Emerging themes utclude: unproved overalt aetwork for biking and walking; integration with the regional system; supporting an active community; improved safe and edu ADD[TIONAL BUSINESS None ADJOURN The meeting was adjourc�ed at 7:55 p.m. ,c�wn.� c�vo� i�«� s��,, os-►r-� �.a� ` � C1TY OF � Federa! Way STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federa! Way Revised Code Reiated to Restaurants, Accessory Uses, and Convention Centers in the Office Park (OP) Zone File No's: 1D-104120-00-UP & 11-102056-00-SE Public �Iearing of June 15, 2011 I. REASOIV FOR AMENDMENTS The Federal Way Revised Code {FWRC) requires the City to accept applications Eor code amendments on an annual basis. [n September 2010, the City received a request &om Roger Hazzard to amend FWRC i 9.235.010 to increase the percentage of bross floor that can be used for accessory warehouse use from no more than 20 percent to no more than 50 percent. This r�uest was presented to the Land Use/Transportation Committee (LUTC) and City Council on March 7, 201 i, and April S, 201 l respectively, and was setected to be part of the 201( 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 19.235.0 l0. In addition, staff is proposing other amendments related to the seating capacity of restaurants (FWRC 19.235.020) and to atlow convention centers as a stand alone use as opposed to an accessory use (FWRC 19.235.030). iI . BACKGROiJND AIYD ANALYSIS A. Accessory Uses (i) �icisiing code language related to accessory warehouse uses. The FWRC allows accessory wazehouses in the Office Park (OP) zone (Exhibit A, FWRC 19.235.010 Officelretail, and Exhibit B, FWRC 19.235.030 Limited Commerciat), based on the following language: • FWRC 19.235.010 — Existing code language states that Office Use may include as�scalehuuse.�mtail sales and �cemhly�Qf--- — prepared materials; which facilities and assembly areas utilize no more than 20 percent of the gross floor area {Exhibit A). • FWRC 19.235.030 — Elcisting code language allows warehouse use only as an accessory use to the primary use on the subject property if it occupies no more tha.n 50 perceat of the combined gross floor area of alt uses (Exhibit B). (ii) FWRC definition of c�ccessory use. EWRC 19.0�.010 detines an accessory use as a use which is subordinate and incidental in size, scale, design, or purpose to the principa( use or structurz on the subject property, and supports the principal use or structure without displacing or dominating it. EWRC 19.265.010 fucther expands on this detinition statin� that an acces�ory use is a pertnitted use which is ciearty 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 �loor area and footprint of the principal use on the subject property, respectively. In addition, the director of economic and community devetopment is authorized to determine if a particular accessory use, bui(ding, or structure is normally associated with, clearly secondary to, and actua(ly accessory to the particular permitted principal use, buitding, or structure. {iii) Rationale for proposed change. As of June 2U i0, the City of Federai Way had approximately 790,000 square feet of vacant office space (Exhibit C) out of a totai of approximately three million square feet.' At 26 percent oE�ice vacancy, Federal Way has one of the highest office vacancy rates in the region. Mr. f{azzard, a long-time comcnercial real estate broker, who submitted the request for a zauing code amendment to increase the percentage of accessory warehouse in the OP zone states that he has received requests from smailer companies wishing to locate in Fedecal Way. These companies would like to combine theic office and warehouse needs; however, they are having difficuLty finding buildings to suit their need because existing inventory of buiidings 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. Eor 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 &om the conventional zoning focus of segregating tand uses towards using physical form as the organizing principte. This means that a use would be allowed in a particular zoning district if does not detract &om 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 fo(lowing conditions (pr�posed new lauguage shown as undertined) Please refer to Exhibits E and F for the full text of the proposed code amendments): _• The nlacemenL orientatioa desig�and other site desi�n�ar�hit�tural �eatures of the proposed building and site plaa demonstrate that this use will not detract from the principal character of the subject proc�ertv as an office park. 'Source: officespace.com Siaff Report W the Plaming Commission Page 2 of 7 Res�urdnts, Acoe�oty Uses, and Ca�vention Centers in the OP Zone Eile #IU-t04120-00-UP • The exterior appearance of that�ortion of the buildinQ housin� the accessory uses witl be comparab(e to the exterior appearance of other bui(din�s on the subiect property_ • The subject property must be desi�ned so that any truck parkin�, toadin� and maneuvering areas; areas where noise �eneratin� outdoor uses and activities may occur, aud vents and similar features are located as far as possibie frocn any residentiat zone. • May not conduct any activity or use on the subject property that involves the re(ease of toxic or noxious gases, fumes or odors. B. Seatiug Capacity of Restann►nts (i) Existing code language related to restaurants. Existing code tauguage in FWRC 19.235.020 allows restaurants as an outright pecmitted use, but limits seating capacity to no more than �0 persons (Exhibit G). (ii) Research from other cities. As part of che background research, staff reviewed ordinances &om the cities of Kent, Auburn, Tukwila, Butien, Des Moines, 3ea-Tac, Spokane Valley, and Renton to determine if restaurants were altowed in similarly zoned OP zones (Exhibit I-n. Restaurants were permitted outright in Auburn, Tukwila, Des Moines, and Spokane Valley. [testaurants 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)Rationade for proposed change. Staff recommends removing the �0 seating capacity limit (Exhibit n, as this appears to be an arbitrary number. C. Convention Centers {i) Existing code language related to convention center. Euisting code language in FWRC 19.235.030 allows convention, conference, and trade centers associated with aaother permitted use in the OP wne 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 &om the cities of Kent, Auburn Burien, Des Moine�_�a-T��,_�pQk� Valle�and Renton to ____ __ determine if convention centers were allowed as a stand-atone use in similarly wned OP zones (Exhibit .n. Convention centers were permitted outright in Burien, Des Moines, Staff Re�wit to the Ptanning Commission Page 3 of 7 Re.staurants, Acce�cory Uses, and Convention Centecs in tMe OP Zone �le #t0-104t20-00-UP Sea-Tac, and Renton and not permitted in Kent, Aubum, Tukwila, and Spokane Valley_ Where pectriitted, the use was permitted outright and not as an accessory use_ (iii) Rationale for proposed change. III. IV. _� 1�/� A list of outright permitted uses are shocvn on Exhibit K. [t seems unlikely that a convention center would be associated 4vith any use in the OP zone, except the office use. Staff, therefore, recommends allowin� convention centzrs as an outri�ht permitted use and not accessory to another principal use allowed in the OP zone (Exhibit F). PROCEDURAL SUMMARY 5128/1 l[ssuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Poticy Act (SEPA) 6/13/11 End of SEPA Comment Period 6127/ i 1 b/15/11 End of SEPA Appeal Period Public Hearing before the Planniag Commission PUBLIC COMMENTS No comments were received as of the date of this report. REASOI�T FOR PLAIYIYING COMM[SS[OlY ACTION FWRC Chapter 19.80, 'Process VI Council Rezones," establishes a process and criteria for zoning code text amendcnents. Consistent with Process VI review, the role of the Planriing Commission is as follows: 1. To review and eva(uate the zoning code text regarding any proposed amendments. 2. To detercnine whether the proposed zoning code text amendments m�ts the criteria provided by FWRC 19.80_ 130. 3. To forward a recocnmendation to the City Council regarding adoption of the proposed zoning code text amendments. DECISIONAL CRITERIA F�V�EI�}$6: �38-p�s�i�efi�e�ia-fe��c�rigg Ee�cE�n�e�tE� � �yze� the compliance of the ptnposed zoning text amendments with the criteria provided by FVVRC 19.80.130. The City may amend the text of the FWRC only if it fmds that: Staff Report to the Planning Commission Page 4 of 7 Restautants, Acce.csory Uses, and Convention Centers in the OP Zone File #10-104120-00-UP 1. The proposed amendment is consistent with the applicable provisions of the compreheasive plan. The proposed FWRC text amendments are consistent with the foliowing Federa[ Way Compreherisi��e Plari (FWCP) policies and �oals: LUP3 Use dzsi�n and perFormance standards to create attractive and desirabie 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 commerciai, 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 Federat Way. EDP10 The City will work with the private sector to activety encourage the retention and expansion of existing businesses, as weli as bring in new development, businesses, and jobs to the community. EDPiB The City wi�! periodically monitor locat and regional trends to be abte to adjust plans, policies, and progracns. 2. The proposed amendment bears a substantial reiationship to pubtic health, safety, or wetfare. The proposed EWRC test amendments are not directly related to the public health, safety, or wetfare. However, a(lowing more tlexibility for the establishment of accessory uses in this zone would encourage businesses that may have a need to combine uses that comptement or depend on each other. [n addition, not specifying a maximum seating capacity for restaurants would remove an arbitrary iimitation on seating capacity and leave the decision on the size of individuai restaurants up to the needs of the surrounding commercial deve(opment. 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 t6e 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 ---- zone; us, re ucing e vacancy ra e or o ices aa encouraging economic p .----- Staff Report w the Pianning Commission Page 5 of 7 Restaucants, Acc�ssory Uses, and Convention Ca►ters in the OP Zone • File #10-104120-00-UP VII. STAFF RECONIIVIENDr�TIOl�1 Based on the above �taff analysis and decisional criteria, staff recommends that the proposed amendment� shown in E.rhibits E, F, and [, and �ummarized as follows, be recommended for approval by the Piannin� Commission: 1. Amendments to FWRC 19.235.010 to allow any accessory use subject to certain site design and architectural Peatures (Exhibit E). 2. Amendments to FWRC L 9.23�.030 to aliow any accessory use subject to certain site design and architectural features (Euhibit E). 3. Amendments to FWRC 19Z35.020 to remove seating Licnitations for restaurants (Exhibit n. 4. Amendments to EWRC 1923�.030 to allow convention centers as a stand alone use (Exhibit F). VIII PLANNING COMMISS[ON ACT[ON Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: l. Recocnmend adoption of the FWRC text amendments as recommended by staff; 2. Modify the staff recommended FWRC text amendments and recommend to the City Councit adoption of the FWRC text amendments as modified; 3. Re,commend to the City Council that the proposed FWRC text amendments not be adopted; or 4. Forward the proposed EWRC text amendments to the City Council without a recommendation. Staff Repat to die Planning Commission Page 6 of 7 Restaurants, Aocessory Uses, and Convention Centecs in the OP Zone File #10-l04120-00-UP E�rrs ExhiE►it A Use Zone Chart FWRC 19.235.010, Officelretait E.rhibi[ B Use Zone Chart EWRC t9.23�.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 Ezhibit E Exhibit F Exhi6�r G Exhibit H Exhibit I Exhibit J Exhibit K Amendments to Use Zone Chart EWRC 19.235A10, Offtce/retail Amendments to Use Zone Chart FWRC 19.235.030, Limited commercial Use Zone Chart FWRC 19.235_020, Entertainment — Commercial recreation (�estaurants Comparison Matrix Amendments to Use Zone Chart FWRC 19.235.020, Entertainment — Commercial recreation Convention Centers Comparison Ntatrix Outright Permitted Uses in the OP Zone K:12011 Cade tUaendments\Accessory Warehouse in OP ZonelPlanning Commission1061511 PadcdlStaff Repat to ffie Plaming Co�nission•dce Staff Iteport to the Plactning Commission Page 7 of 7 Restawants, Accessory Uses, and Conventioa Centers in the OP Zone File #10-104120-00-UP 19.235.010 The foll � O � � usE � Of�ice use Retail establishment providing banking snd related financial services uses shall be permitt tECTION5; FIRST, read I � i,� � 0�4 O�L y � P cess II None P ssible fI See note 10 5 e notes 1 and 3 Retail sales of I groceries, produce end reiated items � i � See note 9 Retail � establishment providing of�ice supplies, prindng and dupticating Proceas I, Il, lll and I are deacribed ie Chapter 19.55 FWR Chapcer 19,60 FWR , Chapter 19.65 FWR Chs er 19.70 FWR rcs crivel . � K:�201 l Code AmendmentsWccesso in the office Chapter 19.235. Office Park (OP) to find use .,. 1'HEN. across icc wroa i aras � ^ a s � �� �� � � � �� ��.�` {� N� 0.' � th PG 0. t. 20 ft. 20 ft, above t, 20 ft. 20 ft. average notes 2 and 12 building elevation See notes 1 and 3 USE ZONE CHART ��'1 ZONE OP SPECIAL REGULATIONS AND NOTES Genernl l. If approved through process IIL, tha height of a suvcture may exceed 55 R. above average building elevation office and to a maximum of 70 ft., if all of the following criteria are met: retail: 1 for a. The additional height is necessary to accommodate the particular use conduceeJ in the building; and each 300 sq. b. The subject property dces not adjoin a residential zone; and ft, gross floor c, Each required yard abutting the svucture is inereased one ft. for each one R. th� strucwre exceeds 55 ft. area above average building elevation; and d. The increased height will not block views designated by the comprehensive pl�ui; and Medical and e. The increased height is consistent with go�ls and policies for the area of the subjeet pruperty as dental oftice: established by the comprehensive plan. l fot each 2. Front yard setback: 25 R, if entry is visibte from R.O.W. and front facade is 15% glass; 35 ft. if landscape 225 sq. ft. of buffer and stormwster facilities are located in the front yard; or 50 ft. if parking anJ driving areas ue located gross floor in the front yard. area 3. If any ponion of a swcture on the subject property is within 100 ft, of a residentinl zone, then that ponion of the swcture shail not exceed 30 ft, above average building elevstion. Mixed Uses: 4. Office use may include accessory warehouse, retail sales or service facilities and assembly of prepared Determined maurials, which facilities and assembly areas utiliu no more than 20% of the gross tlour area. on a case•by 5. The subject property must be designed so that any uuck parking, loading and mnneuvering areas; areas case basis 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 activiry or use on the subject property that involves the relea�e oi tuxic or noxious gases, fumes or odors. 7, Outdoor use, activity and storage is regulated by fiWRC 19.125.170. For other information about parkinY and parking areas, see Chapter 14.130 FWRC. For details of what may exceed this height limit, see FWRC 19.11U.050 et seq. For details regarding requircd yards, see FWRC 19,125.I60 et seq. Warehouse in OP Zone�Planning Commission\061511 P�cket\19-235•O10 O�ce, Retail.DOC � i � � r IJ � m �ri. ('�`'}'. �; � � � �`� �/`� � �.�. � _� � 19.235.010 /retail. (Continued) uses shall be permitted in the office park (OP) zone subject to the regulations and notes set forth in this section; . USE ZONE CHART � O � r7 y � USE � a � Proceas I, Il, III and 1V described in Chspur 19.53 FWRC, Chapter 19.60 F14FtC, Chapter 19.65 FWRC, Chauter 19.70 FWItC rlaxctiveiv. K;�2011 Code W find use ,.. THEN. across � N+ � Q�i o� ;� � �� 0 � ZONE � `� OP � � X a a SPECIAL REGULATIONS AND NOTES 8. Access to and from drive-through facilities must be approved by the public works drpartment. Drive-through facilities must be designed so that vehicles wiil not block traffic in the street while w�i�ing iu line cnd will not unreasonably interfere with on-site vaftic flow; 9. The ciry may approve these uses if they meet the following criteria; a. They are elearly secondary to and supportive of other uses on the subject property allowrd in this zone; and b. By their location and configuration, they are principally oriented to the ocher ailowed uses on the subject propetty end their employees and not to the general public; and c. !t is reasonable to anticipate that there will be a demand for these uses from the ucher alluwed businesses on the subject property or their employees and that these uses will be principally used by thes� other ailowed businesses or their employees. 10. No maximum lot coverage is established, lnstead, the buildable area will be determined by other site development requirements, i.e., requited buffers, parking lot landscaping, surface wacer f'acilities, etc, I i. For communiry design guidelines that apply to the project, see Chapter 19.115 �WRC. 12. For lendscaping requiremenu that apply to the project, see Chapter l9.125 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 tu the subject property. For other informetion about parking and parking areas, see Chapter I9.130 FWRC. For details of wiwt may exceed this heigh[ limit, see FWRC 19,110.050 et seq. For details regarding rcquired yards, aee FWRC 19.125.160 et seq. Warehouse in OP Zone�Planning Commission\061511 Yacke[119•235 O�ce, RetaiI.DOC �^ V � � m �� �R �� .. �� ;"�"� �j� `� � ''� � � 19.235.030 commercial. in the office park (OP) zone subiect to the reeulations and notes set forth in this section: USE ZONE CHART y � � � c� USE � Commercial or indusuial photogrsphy, Pc cinematography Pr or video III production, broadcast studio Se 1 Newspaper printing plant � � None � � � � y i ft. 20 ft i ft. 20 ft )ft. 20ft :e notes 2 c� a ov �N � S � a x� xa i ft. 35 ft. above 1 for every i g, average 500 sq. ft. � ft, building gross floor i elevation area, unless use See notes 1 includes and 3 accessory uses, then determined on a case- by-case basis ZONE OP SPECIAL REGULATIONS AND NOTES 1. If approved through process III, the height of a structure may exceed 35 ft. above average building elevation to a maximum of 55 ft., if all of the following criteria are met: a. The additional height is necessery to accommodate the particular use conducted in the building; and b. The subject property does not adjoin a residential zone; and c. Each required yard abutting the structure is inereased one ft. for each one ft, the struccure exceeds 35 ft. above average building elevation; and d. The increased height will not block views designated by the comprehensive plan; anJ e. The increased height is consistent with goals and policies for the area of the subject property as established by the comprehensive plan. 2. Front yard setback: 25 ft. if entry is visible from R.O.W. and front fecade is 15% glass; 35 ti. if landscape buffer and stormwater facilities are located in the front yard; or 50 ft. if parking and driving areas are loeated in the front yerd. 3. If any portion of a structure on the properry is within 100 ft, of a residential zone, then that portion of the structure shall not exceed 30 ft. above average building clevation. 4. May not cond�ct any activity or use on the subject property that involves the release of toxic or noxious gases, fumes or odors. 7 development and � testing facilittes, I inciud'rng � electronics � technologies and dentallabs � I Procesa I, II, Ilt and IV are deacribed in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19,65 FWRC, Chapter 19.70 FWRC res tively. K:�2011 Code For other information abouc parking and parkiog areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, aee FWRC 19.110.050 et soq, For details regarding required yazds, see FWRC 19.125.160 et seq. Warehouse in OP Zone�Planning Commission\061511 Packet119•235-030 Limited Commercial.doc � �.'� a y�`. ...P... �, �r'' `rl I V.. 19.235.030 Limi commercial. Continued ( D CTIONS: FIRST road down to find use ... THEN y Minimums � � Re uired Yazds � � � a � � O � � y � v � .� �� USE � a � � � H a � � a � Accessory i warehouse i facilities , i See note 5 � Convention, conference, and uade centers associated with another permitted use in this zone note 6 Proceas I, Il, Ili end ri Chapter 19.55 FWRC, Chepter 19.60 PWRC, Chepter 19.65 FWRC, Cdapter 19.70 FWRC K:�2011 Code deacribedin USE ZONE CHART ZONE OP SPECIAL REGULATIONS AND NOTES 5. The city may allow a warehouse facility under this section if it meets the following criteria: a. This use is Bccessory to the primary use on the subject propetty and occupies no more th�ui 50% of thc combined gross floor area of this use and the primary use. b. The placement, orientation, design and other site design and erchitectural features of the proposed building and site plan demonsvate that this use will not deuact from the principal character of the subject propeny as an office park. c. The exterior appesrance of the warehouse faciliry will be comparable to the exterior appearancc of other buildings on the subject properry. d. The subject property is designed to accommodate the truck traffic and other manifestatiuns of �his use. e. The subject property is designed so that truck parking, loading ar►d maneuvering areas; areas where noise generating outdoor uses and activities may occur; and vents and similar features are located us f'ar u� possible from any residential wne. 6. The city may allow a convention, conference or trade center under this section if it meets tlie fulluwing criteria: a. This use occupies no more than 50% of the combined gross floor area of the developmrnt on tl�e subject property. 7. No maximum lot coverage is established, lnstead, the buildable area will be determined by other site development rryuirements, i.e., required bufFers, parking lot Iandscaping, surface water facilities, etc. 8. For community design guidelines that apply to the project, see Chapter 19.115 FWRC. 9, Fur landscaping requicements that apply to the project, see Chapter 19.l25 FWRC. 1 U. For sign requirements that apply to the project, see Chapter 19.140 FWRC. I 1. Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter may apply w the subject � property. � For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what mey exceed this height limit, aee FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et xq. Warehouse in OP Zone�i'lenning Commission\06t S l I Packet\19-235-030 Limited Commercial.doc �� I'� � V� �... � I � • I� ��: � ' � � f/ . .... . .. . . . ...... .. . . _ ! . '' l,.!,:.! 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Center Cary Lang.Buildir�ci Cedar F�arl< bt '�": 1.711'i�311� � CBCJr�YS� .�7�rU EUIICIII'I.� Cednrs Euildin� rnz ez�,czr Ci�amber or Comr�7�rce cuilding , East Can�pus Car�::�� F��7�'I;_ T � Easc Campus Cor�:�oratc Parl. III �: East Cam�sus Co�•p��rdtc Fai�l< III E Ea_2 C�nlpus Cor•�;crace Rnrlti III C- Eas:t Caiii�us. �or�u�-atc F�ar I'�.+ East Cain�us. Corp��•ate P�arl; ��:� East CamNus Cor F�ark �•.+I - EBS:t C8111�3us PIBZa - :; Easi Cam�aus: Rlaz.� - 6 Eas•t Cam�aus. T�.rr Buildin� A Eest Ce���pua Terr��C 6uil�iin� e w' Eas.t Campws Teri�b;:c Euilclir�g G � Emerald Rrof�ssior.il Cent�r � E�•er�r��n Corparsce C:cnte�• Fed 't'.�ay Center Feder�i 1',e',r Centcr Fed�ral ►ti�a�,� DSHS Fed�ral 'J�,�ap� t�tedicsl �anti1 FroF�ssional Fed�ral t�.�a•r � *1�diCal 1=E1'itEr Federal 'a',�s;�� h�ledic�l Cencal Idap data�20�11 Goagk_ `wrrr�:: �.r u:: � Closc '���:in�l��.�, � � � � � � �-.,-, �r.. �_ � i `I�" � � 1 � li v . �tn st 89 City of ��-�� � � ��, : .,— _ I Map Date: June 2 1 � ity f•Fe I ��/ 2011 Vacant Office S a�����''�� -- F e d e ra a y � (P) 253-835-7000 ,, c�M ,niwa,.cit,,ofrederalway.com Legend __ �� 1 � _~ Vacany data:f�om wwv+c. ifice ce.com. .!'une�11. >' � Vacant Office Space ;. S�"`� ;Z � �� i =� � � �� ` ,� SqFt ��' Q� t.. ,_../,.,,,.�.S ST ,_..,. ._ �. ' TS 304T'N PL� `•,� j i 100 - 5800 sqft : �. . ` '�\, rJBUU - �4UUU i� L:.J t,f J d�� t� ��� r� � `" - - -- .. � � ,..� -: ��t%�:� _ _ _ � - �.Cl,�t,�' � W - /T i --Q �A � 14000 - 39�0 - -- � 2 �J ��---- , O _ ' �, _�. � �� " ; Steel Laka Park ?� `t % 39000 - 84000 _ � � a - � - _ o �� , r • >- -_ � y �...__..- Q �j F- _.__ . > �"� �- . __ I � p � - - �_ � � _ _ _� -- -- r S 3 �'- -- _,_. - O � . _ao _ -- --'-- W _ � � •--�.. � N Q � ' , � ' N : ,�' ! ." . ( .N . . �,. . ! . l � �.. � - � , TH ST �-�, ',�, A� 1 S 320T S�- ,� y , S1A/ 320 , , T' ""'. , _. � �! � � ._. � �<:. _ !� >' N $ . . 3 e(� .�,.� �......v� - { : �� _.. � j � . . . t f - � � j� ; !'1 _ . : � . 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S:�348TH �� � : � � 348T ST-- � � - � w -� - �... _ - � cmr oF This map is inte�ded f� use � ► Federal Wa 0 025 0.5 as a graphical representation. � � M�es The City of Federal Way makes N -• - ..__ . no waRanty as to its acaxacy. ��H18�� _.._ � OP ZONE r-11VIE�tD11�vTT EXPLANATION OF NEED: Market activity and requests for space within Federa( �L'ay has sho�.-n a need b�� smaller companies, wishing to locate to Eederal Way, the abiliry to combine their office a.nd 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 �orth in 19.235A30 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 buiiding area for accessory warehouse whiie 19.235. l0, Para. 4, conflicts with Sec. t 9.23 �.030. On two occasions reiated to 338 l 1- 9�' Avenue S., an OP of�'ice property, the re(ocation or use of the property by a loca.i company failed due to staff's inability to interpret �the code due to the 20% verse 50% accessory warehouse conCusion. Sc� ': � zr.�(; �.� � i '� �i' �L�z�C�,��.. ° ,1��}�Y �l�''J 19.235.010 Office/ret Il. The followin use shall be rmitted in the officE �1RECTIONS: FIRST ad down w fi� v� Minimums p � Re uired Yards � � � � H � .� � USE � a a � ri h a Office use P ocess II None 25 ft. 20 ft. 20 f Retail li� See 50 ft. 20 ft. 20 ft. establishment note 10 Except 20 ft, elong providing S�e notes residential zones for banking and i �ax�-3 side and rear yards related finenciel See notes 2 and � services i ll �e�e€ �� �ee Fela�-itex�s Retail establishment providing office supplies, printing and duplicating Proceas 1, Il, Ill and Cluptet 19.55 FWR Chapter 19.60 FWR G'Mapter 19.65 FWR Chaoter 19.70 FWR K:�2011�Coc�,e . ,' are described in 5. The subject property must be designed so that eny vuck parking, loxding and m�ui�uveriiig arras; areas where noise generating outdoor uses and aetivities may occur, and vents and similar teatures arr located as fsr as possible from any residential zone. 6. Mby not conduct any activiry or use on the subject property that involves the rele�ue of tuxic or noxious gases, fumes or odors. For other information about parking and parking arese, see Chapter 19.130 FWRC, For details of what may exceed this height limit, se� FW[tC 19.110,050 et enq, For details regerding rnquired yards, see FWRC 19.125.160 et eeq. Warehouse in OP Zone�Plxnning Commission\061511 Packet�Amended 19-235-010 Office, Retail.DOC Chapter 19.235. Office Park (OP) to the re�ulations and notes set forth in this section: USE ZONE CHART . . THEN, across for REGULATIONS � ZONE ° OP o� �y ;.° �' Q,',�+e x� a a SPECIAL REGULATIONS AND NOTES 55 ft. General 1. If approved ihrough process III, the height of a swcture may exceed 55 ft. above average buitding elevatic above o�ce and to a maximum of 70 ft., if all of the following criteria are met: average retaiL 1 for a. The additional height is necessary to accommodate the particular use conducted in the building; and building each 300 sq, b. The subject property dces not adjoin a residential zone; and elevation ft, gross tloor e. Each required yard ebutting the structure is increased one ft. for each one R, thr svucture rxceeds 55 ft. area above average building elevation; and See notes d, The increased height will not block views designaled by the comprehensive plu,�; smd 1 and 3 Medical and e, The increased height is consistent with goals and policies for the area of the subject property as dental ofFice: established by the comprehensive plan. 1 for each 2. Front yard se[back: 25 R. if enuy is visible from R.O.W. end front facade is IS% glass; 35 Yl. il le�idscape 225 sq, ft. of' buffer and stormwater facilities are located in the front yazd; or SO ft. if parking end driving areas are loca�ed gross tloor in the fiont yard. area 3. If nny portion of a structure on the subject properry is within l0U ft, of a residential zone, [hen ih�c portion of the structure shall not exceed 30 ft. above average building elevation. Mixed Uses: 4, ccessory ia-a;;�w�ywl��wpa�ed Determined ° • ��3#�,r-aree: uses may be i on a case-by- aliowed su�ject to the followlne criteria: � case basis a. 'Cha nlac�nL ori�ntation. desiQ,�and other site design and architestural fe�tur�s of dirprupused buildir�and site nlan demonstrate that this use will not detrect fr�m th�,principal char�cter of thr �ubiect roue as an office park. m � � � � � 1� �� � ; ;� 19.235.010 us� fice/re�il. (Continued) n use shall be ermitted in the office ark OP zone s DI CTIONS: FIRST read down W find use ,.. THEN acros: v� Mlnimums p � Re uired Yards � � .. � ° �� � � �� � � � � � � �$ � a � r:, v'� a ��n aa Ptoceas I, II, l[! and 1� Chaptar 19.55 FWRC, Chapter 19.60 F'WRC, Cluptcr 19,61 FWRC, GM�eoter 19.70 FWRC K:�2011 Code deecribed in ect to the regulations and notes set forth in this section, USE ZONE CHART ZONE OP SPECIAL REGULATIONS AND NOTES 7. Outdoor use, ac[ivity and storage is regulated by FWRC 19.125,190. 8. Access to and from drive-through facilities must be approved by the public works drpxruuent. Drive•through facilities must be designed so that vehicles will not block uaftic in the street while w��iing in line :u�d will not unreasonably interfere with on•site Vaffic flow. . tHc�l ad3e-.�t#�a�t�ewd� �4& Q, No maximum lot coverage is established. Instead, the buildable aree will be drtermined by uther site development requirements, i.e., required buffers, parking lot latldscaping, surface watrr tacili►ies, etc. a-1- JQ For communiry design guidelines that apply to the project, see Chapter 19.1 l5 FW(tC. k�: ,�, For Iandscaping requirements thst apply to the project, see Chapter 19.125 PW ltC. � j� F'or sign requirements that apply to the projea, see Chapter 19.140 FWRC. —� �4-,� Refer to Chapter 19.265 FWRC to determine what other provisions of this chapter muy upply to the subject V� property. �, �/ � � For other information about parking and psrking erees, eee Chapter 19.130 FWRC. '"�"'� � � L�J For details of what msy exceed this height limit, see FWRC 19.110.050 et seq. y J For details regarding required yards, aee FWRC 19.125.160 et seq. ��1 H �� Warehouse in OP Zone�Planning Commission\061511 Packet�Amended 19•235•O10 Office, Retail.DOC � � � . �� � ( d i� � i' 19.235.030 The foll �d commercial. uses shall l� pei iCT10NS: FIRST..r� - � I r iviu�u 0 � Re uired � � .. � , u � ��i, h USE a a � w � Commercial or Process Il None 25 ft. 20 ft photography, Pos cinematography Pro or video III production, broadcaststudio See 1 See SO ft. 2C note 7 See notes printing plant development end testing facilities, including elecvonics technologies and dentallabs Process 1,11, fIl and IV Chapter 19.55 FWRC, Chapter 19,60 FWRC, Chepter 19.65 FWRC, Chspter 19,T0 FWRC r K:�2011 Code described in For other informatiou about parkiug and parking areas, see Chapter 19.130 FWRC. fior details of what may exceed this heigh� limit, see FWRC 19.110.050 et seq. For details regarding requircd yards, aee FWRC 19.125.160 et seq. Warehouse in OP ZoneU'lanning Commission�06151 l Packet�Amended 19-235-030 Limited Commercial,doc , to the reQUlations and notes set forth in this section: USE ZONE CHART " � ZONE a O � o; ,'�,� �1� �,X a x� a a SPECIAL REGULATIONS AND NOT�S I ft. 35 ft. above I for every 1. If approved thtough process lll, the height of a svucture may exceed 35 ft. above averugr building elevation to a I ft, average SUO sq. ft. maximum of 55 ft., if all of the following criteria are met: � g, building gross tloor a. The additional height is necessary to accommodate the particular use conducted ii� thr building; nnd 1 etevatiun area, unless 6. The subject property does not adjoin a residential zone; and use c. Exch required yard abutting the structure is increased one ft. for each one ft, the structurc exceeds 35 ft. above See notes t includes average building elevation; and and 3 accessury d. The increased height will not block views designated by the comprehensivr pl�n; au�d uses, then e. The increased height is consistent with goals and policies f'or the area of the subj�cc prup�rry �s established by determined the comprehensive plan. on a case- 2. Front yard setback: 25 ft. if entry is visible from R,O.W. and front facade is l5% gl��s�, 35 ti. if lundscape buffer by-case and storniwater facilities are located in the tiont yard; or 50 ft. if parking and driving arras �n locat�d in the front basis yard. 3. lf any ponion uf a svucture on the property is within IUG H. of a residential zone, tli.•n that purtiun of the structure shall not exceed 30 ft. above average building elevation. 4. May not conduct any activity or use on the subject property that involves the releas�� �t'toric or noxious gases, fumes or oJors. (Continued) �+ �� � *.�-- ...�... �.�.� � r � '� � USE ZONE CHART y rvi�mmucns z Re uired Yards � � � ., � � v o �� " �� � e :� � :� � �, s � USE � a a u, v� a �� a o�, � +varekease €ae+�iEies � See-aeEe-3 1 Convention, eonference, i and trade � centors I assesiat�-�it� � I � I � See-nete� I'rocess I, Il, IIl end 1' Chapter 14.55 FWRC Chepter 19.60 fiWItC Clwpter 19.65 FWI2C Chtpter 19,70 FWRC K:�2011 Code are described in ZONE OP SPECIAL REGULATIONS AND NOTES Accessory uses mav br alluwed subiest to the following criteria: . ar+-31)TO�r4-t�w•ee��'tned b: � The placement, orientation, design end other site design and architectural features o1'the prupuseJ building and site plan demonstrate that this use will not devact from the principal character of the subject properry :u an uffice park. a: ¢� The exterior appearence of the warehouse facility will be comparable to tht exterior appear:�ncr uf other buildings on the subject propeny, . �Ni+5-u�a: e: �, The subject property is designed so that truck parking, losding and muneuvering ere��; are�s wherc noise generating outdoor uses and activities may occur; and vents snd similar features are located as tar as pussible from any residentisl zone. . �• a- ¢, No maximum lot coverage is established. Instead, the buildable area will be determined by other site development requirements, i,e., required buffers, parking lot Iandscaping, surface water facitities, etc. 8- Z For communiry design guidelines that appty to the project, see Chapter 19.115 FWRC. 4: $, For tandsc�ping requirements that apply to the project, see Chapter 19.125 FWItC. �: � For sign requiremenu that apply to the project, see Chapter 19.140 FWRC. �-1-14, Refer to Chapter 19.265 FWItC to determine what other provisions of this chapter �uay apply tu che subject For other information about parking and perking erees, see Chapter 19.130 FWRC. For deteils of what may exceed this heiQht limit, see FWRC 19.110.050 et seq. For details regarding required yards, see fiWRC 19.I25.160 et seq. Warehouse in OP Zonelf'Ianning Commission\061511 Packet�Amended 19-235-030 Limited Commercial,doc i V 1yi � � ,J � � {"'4.� � N '�.:.:: �� � r� u�� � i �, 19.235.020 Ente tainment — Commerciel recreation. The followin uses shall be nermitted in the office nark (OPl zone DI CTiONS: FIRST read down to y Minimurr � � Re uired Yan F � � �� � � � US� a a� � u v, Restaurant Proce s II None with seating capaciry for Possi le See no more than Proee s notes 3 SO persons IlI and 5 Commercial � recreation Pmcess I, Il, III and 1V Chspter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 19.65 FWRC, ChaMer 19.70 FWRC i K:�2011 Code described in find u_se .,. THEN, across for s Is � w a o� �� ' = 5 ,�� °�c � c 0; �v�i a0. ect to the USE ZONE CHART set forth in this ZONE OP SPECIAL RECULATIONS AND NOTES t. 20 R. 20 R, 35 ft. above Restaurant: l. If approved through process III, the height of a structure may exceed 35 ft. above uverage building elevacion to t. 20 ft. 20 ft. average 1 for every a maximum of SS ft., if all of the following criteria are met: L 20 ft. 20 R. buiiding I00 sq. ft. a. The additional height is necessary to accommodate the particular use conducted in the building; tutd notes 2, 7 and 8 elevation gross floor b, The subject property does not adjoin a residential zone; and area c. Each required yard abutting the sweture is increased one ft. for each one R. the structur� exceeds 35 R. For other information about pazking and parking areas, see Chaptu 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regardinQ roquired yerds, ua FWRC 19.125.160 et seq. Warehouse in OP ZoneU'Ianning Commission1061511 Packet\19-235-020 Entertainment, Commercial Recreation.doc See notes 1 above average building elevation; and and 4 Recreation: d, The increased height will not block views designated by the eomprehensive plau, and Determined e. The inereased height iS consistent with goals and policies for the area of the subjrct property as established on a case-by- by the comprehensive plan. case basis 2. Front yard srtback: 25 ft. if entry is visible from R.O. W. and front facade is 15% �I�ss; 3� tl. iC landscape bufier and stormwater facilities are located in the front yard; or SU ft. if parking and driving areas arc locuted in front yatd. 3. The subject property must be designed so that any vuck parking, loading and maneuv�rin� areus; urcas where noise generating outdoor uses anJ activities may occur, and vents and similar features are lucated as far as possible fiom nny residential zone. 4. lt'any portion of a structure on the subject propetty is within l0U ft. of a residentinl zune, tl�en 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 detennined by othrr si�e development requirements, i.e., required buffers, parking lot landscaping, surface water facilitizs, 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. fior sign requirements that apply tn the project, see Chapter 19.140 FWRC. 9. Refer to Chapter 19.265 FWRC to detetmine what other provisions of this chapter may apply to the subject properry• � r � - �� y `""!J �,� � � � h � �XX�l�1� __. -� RESTAURANTS COMPARISON MATRIX . C[TY ' PERM[SS[ON Kent Permitted as an accessory use (no drive- O�ce District (0) through) Auburn Residential Office (RO) & Residential Permitted outright {no drive-through) O�ce-Hospital District (RO-H) Tukwita O�ce (0) District Permitted outright Burien Permitted as an accessory use (no drive- O�ce Zone (0) through) � Des Moines Permitted outright B-P Business Park Zone Sea-Tac permitted as an accessory use (no drive- O�ce/CommerciaUMixed Use (O/C/MU) through) Spokane Valtey Permitted outright (drive-through allowed as Office District (0) an accessory use) Renton Permitted as an accessory use to office use Commercial O�ce (CO) (Shalt not stand alone and shall not occupy more than 25 percent) K:UA1 l Cade MiendmenuWcoessory Warehouse in OP Zo�lPlanning Commission1061511 PadcetlRestautant C.anparison Matrix.doc 19.235.020 Ente The followin DIRE � O F � [� � �$�, K f�i Restaurant Proa �v�esEing eapaei�y-f'ef Possi ne-mere�hap Proci 3A-yeFSerie 111 Commercial recreation faciliry Pcaceaa 1, Il, llI and IV Chapter 19.SS FWRC, Chapter 19.60 F1VRC, Chapter 19.65 F14RC, Chwter 19.70 FWRC � K:12011 Code talnment � Commercial recreation. uses shall be permitfed in the office park (OP) ; 'TIONS: FIRST read down to find use ,,, THEN, across I Min imums f Re uired Yerds � , W ; ^ a ; � � °a ;�� � � k. 'v�'"i a aC v�i 0.�' a notes 3 and 5 t. 20 ft, 20 ft. 35 ft. above Restaurant; �. 20 ft. 20 R. average 1 for every t. 20 ft. 20 ft. building !UU sq. fl. notes 2, 7 and 8 elevation gross floor area subiect to USE ZONE CHART set forth in this section: ZONE OP SPECIAL REGULATIONS AND NOTES l, lf approved through process III, the height of a sWCture may exceed 35 R. above average building elevation to a maximum of 55 ft., if al� of the following criteria are met: a. The additional height is necessary to accommodate the particular use conducted in the building, and b. The subject property does not adjoin a residential zone; and a Each required yard abutting the sweture is increased one ft. for each one ft. the structure exceeds 35 ft. above average building elevation; and d. The increased height will not block views designeted by the comprehensive plan; and e. The increased height is consisCent with goals and policies for the area of the subjrct pruperty as established by the comprehensive plan. 2. Front yard setback: 25 ft, if entry is visible from R.O. W. end front facade is 15% glass; 35 ft. if landscape buffer and stormwater facilities are located in the front yard; or 50 ft, if parking end driving areas are located in fron[ yard. 3. The subject property must be designed so that any wck 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 residentiel zone. 4. If any portion of a structute on the subject properry is within l00 ft. of a residential zone, then that portion of the svucwre shail not exceed 30 ft. above average building elevation. 5. No maacimum lot coverage is sstablished. Instead, the buildable area will be determined by other site development requiremenu, i.e„ required buffers, parking lot landscaping, surface water facilicies, 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. Por sign requirements that apply to the project, see Chapter 19.140 FWRC. 9. Refer to Chapter 19.265 �WRC to determine what other provisions ofthis chapter may apply to the subject See nutes 1 and 4 Recreation: Determined on a case-by- case basis described in For other information about parking and parking arees, see Chaptu 19.130 FWRC. For details of whet mey exceed this height limit, see FWItC 19.110.050 et neq. For details regarding mquired yards, ue FVYRC 19.125.160 et uq. Warehouse in OP Zone�Planning Commission\061511 Packet�Amended 19•235-020 Enurtainment, Commerciel Recreauon.doc f' � I �': CA'�J . . � C � � � i '����� CONVENTION CENTERS COMPARISON MATRIX C[TY PERM[SS[ON Kent Off ce District (0) Not permitted Auburn Residential O�ce (RO) & Residential Not permitted OfJ�rce-Hospital District (RO-F� Tukwila Not permitted O�ce (0) District Burien O�ce Zone (0) Permitted Des Moines pernutted B-P Business Park Zone Sea-Tac O�ce/Commercia!/M'rxed Use (O/C/MLI) Pernutted Spokane Valley �ce District (0) Not permitted Renton ` Commercial O�ce (CO) Permitted K:�201 l Cade AmendmcatslAccessory Warehouse in OP ZonelPiannu�g Commissioa1061511 PadcexlConwa�tion Ca�as Co�ison Maori�cdoc t������1 � . _ _�._.___._�.__� ._ _ OUT-RIGHT PERMITTED USES IN THE OP ZONE • Office use • Reta.il esta.blishment providing banking and related financial services • Retaii estab(ishment providing office supplies, printing and duplicating � Restaurant with seating capacity for no more than 50 persons • Commercial recrea.tion facility • Commercial or industrial photogra.phy, cinematography or video production, broadcast studio • Newspaper pcinting plant • Research devetopment and testing facilities, including electronics technologies and denta.l labs • Schoo(s, colleges, universiries, or business or vocational schoots • Commercial day care facilities • Hospitals, convalescent centers, nursing homes • Funeral homes and mortuaries • Government facility, public parks, and pubiic transit shelter • Public utility • Personal wireless service facility • Church, synagogue or other place of retigious worship [C�2o t t coae Amaiamentswcb�s«y w�se in oe zo�lP�anniag comm;ss;onw6t s l t Padca�ourr;ght pum;ttea usts.aoc 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 [u�� �1 Y 1 `�l�u 1_I�liy_� �[.� Commissioners present: Merle Pfeifer, Hope Elder, Wayne Carlson, Tom Medhurst, Lawson B.ronson, 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, 201 l, were approved as presented. AUD[ENCE COMMENT None ADMINISTRATIVE REPORT Mr. Conlen stated the next Planning Commission meeting has not been set. COMMISSION BUSINESS PUBL[C HEAItING — Proposed Amendments Related to Restaurants, Accessory Uses, aad Convention Centers in the Office Park (OP) Zone Ms. Clark detivered the sta.ff 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. Whiie 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 regu(ation before this time. Commissioner O'Neii asked if the 20% regulation is monitored. Ms. Clark replied it is monitored when an applicant applies for a tenant improvement. K:U'lanning Commission�20111Meeting Summary 06-i 5-t I.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 repiied 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 and 320`�, another at 21 and 320`�, and another opposite the Federal Way High School. Commissioner Carlson moved (and it was secondec� to recommend approval of the proposed amendments to FWRC 19235.010 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 secondea� 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 secondea� to recommend approval of the proposed amendment to FWRC 19.235.030 to atlow convention centers as a stand alone use. The motion carried. The public hearing was ciosed. ADDITIONAL BUSINESS None AD30URN The meeting was adjourned at 7:25 p.m. K:1!'lanning Commissioa\20111Mating Summary 06-IS-I i.doc Minutes of the July 18, 2011 LUTC Meeting City of Federal Way City Council Land Use and Transportation Committee July 18, 2011 City Hatl 6:00 PM City Council Chambers MEETING SUMMARY Committee members in Attendance: Committee Chair Linda Kochmaz, Committee member Jim Ferrell and Committee member Jack Dovey Councilmember in Attendance: Deputy Mayor Dini Duclos Staff in Attendauce: Director of Parks, Public Works and Emergency Management Cary Rce, Deputy Public Works Director Marwan Salloum, Deputy Public Works Director Ken Miller, City Traffic Engineer Rick Perez, Surface Water Manager Wilt App(eton, Senior Traffic Engineer Jesse Hannahs, Principal Planner Margazet Ctazk, Planning Manager Isaac Conlen, Assistant City Attorney Peter Beckwith, and Administrarive Assistant Q Darlene LeMaster. 1. CALL TO ORDER Committee Chair Kochmar called the meering to order at 6:00 PM. 2. PUBLIC COMMENT There was no public comment. 3. BUSINESS [TEMS Forward Topic Title/DescripNon to Council A. Approval of the June 13, 2011 LUTC Minutes N/A B. Committee approved the June 13, 2011 LUTC miuutes as presented. Moved: Ferrell Seconded: Dovey Passed: Unanimously, 3-0 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 tlie city, but otherwise woutd not atlow any number of non-local deliveries to use roadways that aze not designated truck routes. Aug. 2, 2011 Ordinance 1�` Reading There was one public comment: Bob Cooper, Lloyd Enterprues, Inc., Federa! Way — Mr. Cooper expressed his thanks anal sincere appreciation to stafJ"and the committee for their efj`'orts in clar�ing the ordinance -----�� in_�n wT_that dne.c..t2Qt-ttt1FCZC1-I1LT�LSIt1PSS•-- ----- Committee forwarded Option #1 as presented. Moved: Ferrell. Seconded: Dovey Passed: Unanimousiy; 3-0 Land Use/TranspoRation Committee Page 2 July 18, 2011 C. WSDOT Trat�ic Busters Fiber Optic Cabie 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 povey 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 expiained that when scoping out the items for the project, stat� 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 expiained 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 Flas6iug Beacon Graut Acceptance Passed: Unanimously, 3-0 Aug. 2, 2011 Consent Senior Traffic Engineer Jesse Hannahs presented information on this item. There was no public comment. Committee member povey asked about the difference in cost between Nauritus 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 loca.tions where receiving retrofits to their existing systems. There was some discussion on the location of the school zone flashers at Nautilus Elem. This particular instatlation will be at the school entrance on 1l�' Ave S. Committee member povey suggested staff evaluate the 8`� Ave S school entrance at Nautilus Elem. in the future. Committee forwarded Oprion #1 as presented. Moved: Ferrell Seconded: Dovey SWM CLP 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 resulring from this new inspection program. Committee member povey initiated discussion on funds in the SWM utitity and a possible rate increase in the future as well as Land acquisition. Committee member povey talked in favor of holding on to SWM utility funds until there is more certainty of what SWM staffwill be looking at for CIP/Small CIP projects. Mr. Appleton requested to defer responding to Committee member povey until after the proceeding agenda item. N/A Information Only 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 Kochmaz inquired on the West Hylebos tand 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 acquisirion are stan alone projects. No fund will be transferred from the Small CIP to property acquisirion. If the subject properties aze not purchased, those non-grant monies cou go ac mto e fund and be used to offset a utitity rate increase. Chair Kochmar inquired why the City has been purchasing land rather than purchasing easements. Chair Kochmaz is concemed about spending any money that isn't absolutely necessary. Committee member povey asked that when money becomes even tighter in the future, shouldn't the City be more frugai with how we aze spending or transferring funds. The City has been fortunate in receiving grants; however matching funds are often required. Since we have been successfulin G:�[.UTCU.U7'C Agadas a�d Swnmaries 2011 V-1&11 Miouas.doc Land Use/Transportation Committee Page 3 July 18, 201 l securing grants for many of these projects, we need to make sure we have funds availab(e for the grant fund match. l�To action taken. Item was for information only. F. Utilization of City of Federal Way Surplus Property for t6e Construction of the S 356"` Aug. 2, 2011 Street RDF Retrofit Project Consent Surface Water Manager Wil! Appleton presented information on this item. There was no public comment. Mr. Appieton confirmed that the City owns the subject land in quesrioa Committee member povey 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 356`� 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 356�' St pmject, staf� new that there would be surplus property. After the project was completed, the Surface Water division secur� a DOE grant for $1 M and approached the Street Fund/General Fund about purchasing the surplus tand to expand their detention faci(ity using their $IM grant. SWM cannot spend their funds on anything that won't benefit the uritity. The quesrion that needs to be answered is given past practice and policy; should the SWM utility purchase this surplus land &om the General Fund? Committee member povey wanted clarification on if the project would conrinue regardless of whether or not SWM purchases the surplus (and 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 povey suggested keeping the $$OOK in the SWM urility and holding it for another time in the future when there is a project fihat 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 ovm 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 356`" 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 Boazd (TIB). The portion from the General Fund was in excess of the $800K that the SWM urility is offering to pay for this surplus tand. 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 &om the general fund, exactly where that money ($800K) would go. Director Rce stated that the $8(�K could go straight into the General Fund, the Street Fund or the Capitat Fund. Although it is at the discretion of the Council, the money would typicatly go back into the fund it originated in; in -- --- t is case, e api CFunfi oe no e oun i — matter. As the design of the project proceeds, SWM will not need to acquire the land unti12013. Committee member povey asked if the SWM project is contingent on the $800K transfer of funds. Director Rce stated that the transfer of funds has no beazing on the SWM project. The project will occur regardless of whether or not SWM purchases the surplus land &om the Generai Fund. Committee member povey 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 transportarion. Deputy Mayor Duclos concurred. G:�IATCCU.IIfC Agmdas and Summaries 2011 V-1 &I 1 Minutu.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 dif�icuit 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 Generat fund to be used as the Council sees fit. Committee member Ferrell is undecided on the issue at this time. Chair Kochmaz asked where the $800K funds were actual(y coming &om. Mr. Appleton expiained the funds are coming &om Surface Water unallocated funds from the SWM utility. Conversation conrinued between Chair Kochmar, Committee member Ferrell and Director Rce, stating that if SWM utility funds were transfened to the General Fund for the purchase of surptus land for the S 356"' St RDF Project, the funds could be put into Capitai 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 Counci! decision. Committee member povey noted that if SWM purchases the surplus land, the utility will have to deal with potential SWM utility rate increases earlier (approx. 1%z to 2 yeacs) than otherwise anticipated. Committee member povey supports waiting and leaving the money in the SWM uti(ity. Policy needs to be reviewed by LUTC and/or FEDRAC. Committee moved to postpone the trausfer of funds for surplus property from the SWM utility to the General Fund, to review the City po6cy regarding this purchase at bot6 FEDRAC and LUTC meetings in October 2011, and to re-address thiss issue at LUTC in December 2011. Moved: Dovey Secouded: Ferrell Passed: Unanimousty, 3-0 G. Code Amendment to Allow Animal Kennels and Animal Care Facilities in the Sept. 6, 2011 Neighborhood Business Zone. Ordinance 1 �` Readixg Principal Planner Mazgaret Clazk presented information on this item. There was no pubtic comment. Committee member povey 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 ttiis 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 povey suggests being proacrive 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 Councii 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 comp(iance. Planning Manager Conlen stated that it coutd 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:�I.lIfC1U1TC Agrndaz and Summaries 2011 V-IS-i l Minutes.doc Land Use/Transportation Committee Page 5 July 18, 2011 R. Code Amendments Related to Accessory Uses, Seating Capacity of Restaurants and Sep� 6, 2011 Convention Ceuters in the Office Park Zone Ordinance i�` Reading Principal Planner Margaret Clark presented information on this item. There was no public comment. Committee member povey requested addirional rime 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 rime to review the code amendment material and to come back to LUTC in the future for further discussio� Committee forwarded Option, 2, amending the Mayor's recommendation to approve on FWRC, 19.235.020 "Entertainment — Commercial recreaHon, 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 LiTTC meeting. Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0 4. OTHER Director Roe led discussion on the potential of canceiling 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 witl be finalized on August L 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. Attest: _ ��y� /�p/ 17• .f/1� Darlene LeMaster, Administrative Assistant II COMMITTEE APPROVAL: � Linda Kochmar, Chair J k ey, Member G:\UTI'C�LiJTC Agendas and Summria 2011 V-1 &11 Minutes.doc