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 #:
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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]
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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.'
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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
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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.
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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.
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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)
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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.
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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]
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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
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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.
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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
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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
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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.
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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?
�� ��� � � ' �
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31 GOt1 2t3'�' Ave 3ou#h
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3;�t�1 �ar�t
�u�re fi, 2011
� �:
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��� 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
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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.
---------..__ ____._____.____ _— _ . _ _ ,� � ,;
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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
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This map is accompaniec4 by na warranties.
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RFQ: Federal Way City Center Mixed-Use Development
Exhibit 2:
Map of Site
(NOTE: Former cinema building now demolished)
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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
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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
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� '';�. 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
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€ 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
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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 { � � �
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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
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■ 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.
The design was based on development of 6 economic engines that woald .finance the entire
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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.
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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
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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
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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
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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
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CRYSTAL WAY, LLG.
Managemcnt Company
registered in the
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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
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- �Commcrciai
> Se�rvices
.• Usets
Residential
Devdopment
Private &
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Garagc
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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.
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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.
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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:
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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:
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Dr. HishamN. Ashkouri, AIA, LEED AP BD+C
ARCADD, Inc.lHisham Ashkouri, Architects
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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
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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
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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.
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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).
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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. � �
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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).
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• 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 �
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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
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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:
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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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
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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.
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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.
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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_
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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.
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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.
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,. , This map is accompanied by NO warranties,
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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
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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 �� \
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"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 �
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���������
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�� �� -�-
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��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 ,;
_!__._._.._ � _ ..� -
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� �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
��� � ��� _____. � �
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�". �" �, , _ 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,,.
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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� .
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(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.
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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
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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�� � � ��: :�::�.
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(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��' ��°'�` _� �
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(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 ��; `�
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(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� .
,
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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; �.. °�
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(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.
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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.
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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
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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 ��
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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
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(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
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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
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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
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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
�
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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
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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
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19.235.030 Limi commercial. Continued
(
D CTIONS: FIRST road down to find use ... THEN
y Minimums
� � Re uired Yazds �
� � a
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.� ��
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
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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.�(;
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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
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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
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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) �+
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�.�.�
� r
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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�
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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
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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 �
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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
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' = 5
,�� °�c
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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•
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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
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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
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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
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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.
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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
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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
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