Planning Commission PKT 09-19-2018City of Federal Way
PLANNING COMMISSION
September 19, 2018 City Hall
6:30 p.m. Council Chambers
Commissioners
Wayne Carlson, Chair
Lawson Bronson, Vice -Chair
Dawn Meader McCausland
Diana Noble-Gulliford
Dale Couture, Alternate
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
June 20, 2018
4. AUDIENCE COMMENT — UNRELATED TO COMMISSION BUSINESS
5. ADMINISTRATIVE REPORT
6. COMMISSION BUSINESS
• Public Hearing
Proposed Text Amendments to FWRC Titles 15 and 19, "Flood
Damage Prevention":
• Provide additional definitions similar to state regulations;
• Identify exemptions to the floodplain development regulations; and
• Identify the potential need for habitat assessment.
7. ADDITIONAL BUSINESS
Tom Medhurst
Hope Elder
Tim O'Neil
Anthony Murrietta, Alternate
KAPIanning Commission\2018\Agenda\Agenda 09-19-18.doc
City Staff
Robert "Doc" Hansen, Planning Manager
Margaret Clark, Principal Planner
E. Tina Piety, Administrative Assistant
253-835-2601
www.citvoffe_dera1w(&.com
CITY OF FEDERAL WAY
PLANNING COMMISSION
June 20, 2018 City Hall
6:30 p.m. City Council Chambers
MEETING MINUTES
Commissioners present: Wayne Carlson, Lawson Bronson, Hope Elder, Diana Noble-Gulliford, Dawn
Meader McCausland, Anthony Murrietta, and Dale Couture. Commissioners absent: Tom Medhurst (ex)
and Tim O'Neil (ex). City Staff present: Planning Manager Robert "Doc" Hansen, Principal Planner
Margaret Clark, Deputy City Attorney Mark Orthmann, and Administrative Assistant E. Tina Piety.
CALL TO ORDER
Chair Carlson called the meeting to order at 6:30 P.M.
APPROVAL OF MINUTES
The June 6, 2018, minutes were approved as presented.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
None
COMMISSION BUSINESS
DISCUSSION — Flood Damage Prevention
Planning Manager Hansen delivered the presentation. He had introduced the topic to the Commission at
their May 16"' meeting. Currently, the Federal Way Revised Code (FWRC) has two chapters that address
flood damage prevention (in titles 15 and 19). The city has spoken with the state's Department of Ecology
(DOE), who instructed the city to update our flood damage prevention regulations to meet the state's
regulations and include a floodplain permit. A floodplain permit will be required when a structure
encroaches on the floodplain. The floodplain is designated by FEMA's floodplain maps. Staff has
developed a number of amendments to meet state regulations and have discussed them with'DOE, who
agrees with the proposed amendments. He went over the proposed amendments. Staff is proposing to
delete the duplicate chapter in title 15, leaving and updating the chapter in title 19. Proposed amendments
include definitions, miscellaneous (housekeeping) changes, adding exemptions, adding habitat
assessment, and adding a new section on coastal high hazard areas (this section will go into effect when
new FEMA floodplain maps are adopted; excepted in September).
KAPlanning Commission\2016Weeting Summary 06.20-18.doc
Planning Commission Minutes Page 2 June 20, 2018
Vice -Chair Bronson — Encouraged staff to include definitions for various terms; such as protected area
and how mean sea level is determined. Discussion was held on the difference on how mean sea level is
determined on the east and west coasts. Planning Manager Hansen noted that the protected areas will be
identified on a map.
Discussion was held on routine maintenance. It was noted that this will only be required of anyone proposing
work within a floodplain. It will allow a habitat assessment and if necessary, a habitat mitigation plan.
Commissioner Noble-Gulliford asked if all affected property owners will be notified. Planning Manager
Hansen responded that the city will not notify them individually. A notice regarding the proposed
amendments will be published in the paper and on the city's website. Commissioner Noble-Gulliford
encouraged the city to notify each affected property owner as the proposed amendments may have a
financial effect on them.
Chair Carlson commented that staff has done a good job and the proposed amendments will provide some
benefit to the development community. He suggests staff include how this benefits property owners
within the staff report (for example, they won't have to deal with Olympia in addition to the city).
Planning Manager Hansen responded that is a good idea.
ADDITIONAL BUSINESS
None
ADJOURN
The meeting adjourned at 7:00 P.M.
KAPlanning Commission\2016\Meeting Summary 06-20-18.doc
i
CITY OF
Federal Way
PLANNING COMMISSION
STAFF REPORT
DATE: September 19, 2018
To: Wayne Carlson, Planning Commission Chair
Members of the Planning Commission
FROM: Robert "Doc" Hansen, Planning Manager
SUBJECT: Amendments to Chapters 19.142 and 15.15 FWRC regarding Flood Damage
Prevention
I. Introduction
On December 20, 2017 the Department of Ecology and David Radabaugh with the Shorelands
and Environmental Assistance Program met with a number of Federal Way staff at a meeting,
known as the "Community Assistance Visit," or CAV. The purpose of the visit was to examine
the City's existing flood prevention program, evaluate the Shorelines Master Program in terms of
providing for such protection, and to offer suggestions or recommended changes that needed to
be made in order to provide for greater flood prevention.
II. Background
Most lands considered "floodplains," or special flood hazard area (SFHA), are located on the
City's coastline according to the Federal Emergency Management Agency (FEMA) and their
maps that designate where flood areas exist. The Department of Ecology (DOE) recently
conducted a shoreline survey of the City and found a number of situations where they questioned
how the uses were permitted. In the CAV review, Mr. Radabaugh from DOE concluded a
number of items within our process and our Code that needed to be changed to bring it to current
standards. Specifically, DOE is requesting and suggesting to the City to change the Code in a
number of sections of FWRC 19.142 including:
• Amending reference to the updated study for King County;
• Providing a severability clause;
• Providing additional definitions to make the City's code consistent with the State law;
• Identifying activities exempt from approval of floodplain permit;
• Including requirement for habitat assessment for approval of a floodplain permit.
III. Proposed Code Amendments
The draft proposed code amendments are attached as Exhibit A at the end of this brief. The
proposed amendments would eliminate one section of the Code, add definitions to 19.142,
provide standards for a habitat impact assessment where required, and provide coastal standards
Planning Commission Staff Report Page 1 of 7
FWRC 19.142 August 1, 2018
for development within the designated flood plain designated in future maps provided by FEMA..
Below is a summarization of the proposed amendments.
1. Eliminate FWRC Chapter 15.15. Under FWRC Title 15, Shorelines Management, a
section exists which duplicates FWRC 19.142 verbatim. This was most likely done to
provide ease for the reader looking for these standards. The issue in copying the regulations
from one section and repeating it in another section is that anytime one section is amended,
the section in the other location of the code also has to be amended, and if it is not amended
concurrently, the Code would not be consistent from the one chapter. This inconsistency
within the Code potentially creates a problem in administrating the regulation or when a
standard is challenged.
2. Adding Definitions. Mr. Radabaugh from DOE requested that the City adopt definitions for
"development" and amend the definition "start of construction." Although our definition for
"development" covers the concerns of DOE, it is not the verbatim definition used in the State
RCW, and is proposed to be added to definitions of this section to maintain consistency with
State law. DOE requested that the definition for "Start of Construction" be amended to
include "substantial improvement" since that is the verbatim definition within the RCW.
3. Updated Language and Provision of Exemption from Requirement for Floodplain
Permit. The current Federal Way Code does not reference a "floodplain" permit and does
not provide exemptions allowed by State law for certain activities involving routine
maintenance and removal of noxious weeds. This amendment provides allowance for these
exemptions.
4. Requiring a Habitat Assessment for Development within a Special Flood Hazard Area.
Under current State regulations, Federal Way is required to not allow development within a
Special Flood Hazard Area (SFHA) without a determination of its impact upon natural
habitat. This is considered a `Biological Opinion" which can be addressed by requiring a
habitat assessment by all who wish to develop in a floodplain area or lot. A habitat
assessment is a process often conducted by biologists who understand the process and possess
biological experience. This language is proposed to guide applicants toward habitat
assessment and requirements for mitigation per FEMA guidelines. Language is also added
permitting the City to request third party review of any habitat assessment since the City does
not currently have the expertise for such review.
IV. Timeline
The anticipated timeline for completion of the code amendments process are shown below:
Planning Commission Discussions
6/20/2018
SEPA Threshold Determination
6/22/2018
Planning Commission Public Hearing
09/19/18
Anticipated Land Use/Transportation Committee Meeting
10/01/2018
Anticipated City Council 1St Reading
10/16/2018
Anticipated City Council 2nd Reading
11/06/2018
Planning Commission Staff Report Page 2 of 7
FWRC 19.142 August 1, 2018
V. Reason for Planning Commission Action
Per Code, the Planning Commission is required to hold a public hearing and make
recommendation to the City Council on proposed Code amendments. Per FWRC 19.80.250, the
Planning Commission will provide its recommendation, and any explanatory information on this
proposal, to the City Council through the director's report.
ATTACHMENT
Exhibit A: Proposed Changes to the Chapter 19.142 FWRC and Repeal of Chapter 15.15 FWRC
Regarding Amendment to Flood Damage Prevention
Planning Commission Staff Report Page 3 of 7
FWRC 19.142 August 1, 2018
Exhibit A
Draft Proposed Code Amendments
Proposed Changes to FWRC in Meeting DOE Requirements
15.15 Remove the entire section since it is duplicative of 19.142
19.142.040 Definitions. (New addition)
"Development' means any man-made change to improved or unimproved real estate including
but not limited to buildings or other structures mining dredging, filling, grading, paving,
excavation or drilling operations or storage of equipment or materials located with the area of
special flood hazard
"Start of construction" includes substantial improvement, and means the date the building
permit was issued, where the actual start of construction, repair, reconstruction, placement or
other improvement occurs within 180 days of the permit date. See also "actual start of
construction."
19.142.050 General provisions.
(1) Application of chapter. This chapter shall apply to all areas of special flood hazards within
the jurisdiction of Federal Way. The areas of special flood hazard identified by the Federal
Insurance Administration in a scientific and engineering report entitled "The Flood Insurance
Study for King County Washington and Incorporated Areas Fed ' `> a " dated May 16, 1995,
and any revisions thereto, with an accompanying flood insurance rate map (FIRM), and any
revisions thereto, are hereby adopted by reference and declared to be a part of this chapter.
The flood insurance study and the FIRM are on file at Federal Way City Hall. The best available
information for flood hazard area identification as outlined in FWRC 19.142.070 shall be the
basis for regulation until a new FIRM is issued that incorporates data utilized under
FWRC 19.142.070.
(2) Penalties for noncompliance. No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms of this chapter and other
applicable regulations.
(3) Summary abatement. Whenever any violation of this chapter causes or creates a condition,
the continued existence of which constitutes or contributes to an immediate and emergent threat
to the public health, safety or welfare or to the environment, the director may summarily and
without prior notice abate the condition. Notice of such abatement, including the reason for it,
shall be given to the person responsible for the violation as soon as reasonably possible after
abatement. The costs of such summary abatement shall be recoverable via procedures for
recovery of abatement costs as set forth in Chapter 1.15 FWRC, Civil Enforcement of Code.
Planning Commission Staff Report Page 4 of 7
FWRC 19.142 August 1, 2018
(4) Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. However, where this chapter
and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
(5) Interpretation. In the interpretation and application of this chapter, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
(6) Warning and disclaimer of liability. The degree of flood protection required by this chapter is
considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood heights may be
increased by manmade or natural causes. This chapter does not imply that land outside the
areas of special flood hazards or uses permitted within such areas will be free from flooding or
flood damages. This chapter shall not create liability on the part of Federal Way, any officer or
employee thereof, or the Federal Insurance Administration for any flood damages that result
from reliance on this chapter or any administrative decision lawfully made hereunder.
19.142.060 Develo ment Activities Subject to Flood Iain Develo ment Permit.
(1) Floodplain Development Permit Required. A floodplain development permit shall be
obtained before construction or development begins within the regulatory special hazard
established in FWRC 19.142.050(1). The permit shall be for all structures including
manufactured homes, as set forth in FWRC 19.142.040, and for all development including fill
and other activities, also as set forth in FWRC 19.142.040.
(2) Non -development Activities. Activities that do not meet the definition of "development" in this
chapter are allowed in the regulatory floodplain without the need for a floodplain development
permit under this chapter, provided all other federal state and local requirements are met The
following are examples of activities not considered development or manmade changes to
improved or unimproved real estate:
(a) Routine maintenance of landscaping that does not involve grading excavation or
filling;
(b) Removal of noxious weeds and hazard trees and replacement of nonnative vegetation
with native vegetation;
(c) Normal maintenance of structures, such as re -roofing and replacing siding as long as
such work does not qualify as a substantial improvement;
(d) Normal maintenance of above ground public utilities and facilities such as replacing
downed power lines;
Planning Commission Staff Report Page 5 of 7
FWRC 19.142 August 1, 2018
(e) Normal street and road maintenance including filling potholes, repaving, and installing
signs and traffic signals but not including expansion of paved areas;
(f) Normal maintenance of a levee or other flood control facility prescribed in the
operations and maintenance plan for the levee or flood control facility; and
(3) Other Activities All other activities not listed in subsection (2) of this section are allowed, as
long as a floodplain development permit is approved and if required, as long as such activities
meet all the other requirements of this chapter.
R4(4) Application for floodplain development permit. Application for a floodplain development
permit shall be made and shall include, but not be limited to, plans induplicate drawn to scale
showing the nature, location, dimensions, and elevations of the area in question, existing or
proposed structures, fill, storage of materials, drainage facilities, and the location of the
foregoing. Specifically, the following information is required:
(a) Elevation in relation to mean sea level, of the lowest floor (including basement) of all
structures recorded on a current elevation certificate (FEMA Form 81-31) with Section B
completed by the city of Federal Way building official;
(b) Elevation in relation to mean sea level to which any structure has been floodproofed;
(c) Certification by a registered professional engineer or architect that the floodproofing
methods for any nonresidential structure meet floodproofing criteria in
FWRC 19.142.140(2);
(d) Description of the extent to which a watercourse will be altered or relocated as a
result of proposed development.
(CLQ Designation of the administrator. The director or designee is hereby appointed to
administer and implement this chapter by granting or denying development permit applications
in accordance with its provisions. The director shall:
(a) Review all development applications to determine that the requirements of this
chapter have been satisfied;
(b) Review all development applications to determine that all necessary permits have
been obtained from those federal, state, or local governmental agencies from which prior
approval is required; and
(c) Review all development applications to determine if the proposed development is
located in the floodway. If located in the floodway, assure that the encroachment
provisions of FWRC 19.142.160(1) are met.
(6) If the project is located in the regulatory floodplain and includes activities not listed in
FWRC 19.142.060(2), the application shall include a habitat impact assessment. If that
assessment provides conclusion that impacts upon the habitat would result from the project, the
application shall also include a habitat mitigation plan The habitat assessment and the habitat
mitigation planshall be performed as described in FEMA's Regional Guidance for Floodplain
Habitat Assessment and Mitigation in the Puget Sound Basin 2013
Planning Commission Staff Report Page 6 of 7
FWRC 19.142 August 1, 2018
(7) Third -Party Review. For any habitat impact assessment or habitat mitigation plan the citv
may require a third -party review. Third -party review requires the applicant's habitat impact
assessment, habitat mitigation plan, and/or additional technical studies to be reviewed by an
independent third party, paid for by the applicant but hired by the city. Third -party review shall
be conducted by a qualified consultant as defined in the Floodplain Habitat Assessment and
Mitigation Regional Guidance, FEMA Region X, 2010.
Planning Commission Staff Report Page 7 of 7
FWRC 19.142 August 1, 2018
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating
to floodplain development and permitting processes within the City;
amending FWRC 19.142.040, 19.142.050, 19.142.060; and repealing
Chapter 15.15 FWRC. (Amending Ordinance Nos. 06-536, 09-593,
and 09-597)
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal
Way Revised Code ("FWRC"), "Zoning and Development Code," in order to conform to state
and federal law, codify administrative practices, clarify and update zoning regulations as deemed
necessary, and improve the efficiency of the regulations and the development review process;
and
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to
Chapter 19.35 FWRC; and
WHEREAS, it is in the public interest for the City Council to adopt amended
development regulations for Chapter 19.142 FWRC regarding development within frequently
flooded areas; and
WHEREAS, the State developed new language regarding flood prevention that has not
been incorporated into Chapter 19.142 FWRC; and
WHEREAS, the State Department of Ecology, through its Community Assistance Visit,
informed the City that the new State language needed to be added to the chapters of the FWRC
that regulate development within the areas designated as floodplains by the Federal Emergency
Management Agency ("FEMA"); and
WHEREAS, the absence of such language necessitates amendment to the FWRC to
incorporate the State -required language; and
Ordinance No. 18- Page I of 13
Rev 1/18
WHEREAS, Chapters 15.15 and 19.142 FWRC are identical, and such duplication is not
necessary and has the potential to create inconsistencies when those chapters are amended in the
future; and
WHEREAS, the repeal of Chapter 15.15 FWRC eliminates the duplicative chapter; and
WHEREAS, the Planning Commission conducted public discussion of these code
amendments on June 20, 2018; and
WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly
issued for the Proposal on September 13, 2018, and no comments or appeals were received and
the DNS was finalized on September 27, 2018; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on these code amendments on September 19, 2018 and forwarded a recommendation of approval
to the City Council as follows: (1) repeal Chapter 15.15 FWRC; (2) amend FWRC 19.142.040
by adding and amending definitions for "Development" and "Start of Construction"; (3) amend
FWRC 19.142.050 by changing the reference to the correct flood study title; (4) amend FWRC
19.142.060 to indicate that the section is related to floodplain development permits and to
identify those activities that do not require a floodplain development permit; and (5) amend
FWRC 19.142.060 by adding required actions that must be accomplished in order to receive a
floodplain development permit, including identifying conditions under which a habitat impact
assessment must be performed, and when a habitat mitigation plan must be completed; and
WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council
considered these code amendments on October 1, 2018, and recommended adoption of the text
amendments as recommended by the Planning Commission.
Ordinance No. 18- Page 2 of 13
Rev 1/18
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments:
(a) These code amendments are in the best interest of the residents of the City and
will benefit the City as a whole by clarifying requirements of State regulation and correcting
textual duplication within the Code that will mitigate the need for interpretation when reviewing
projects proposed within the identified floodplain.
(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 and
Title 15 FWRC and will implement, and are consistent with, the applicable provisions of the
Federal Way Comprehensive Plan.
(d) These code amendments bear a substantial relationship to, and will protect and
not adversely affect, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the
Federal Way Revised Code.
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 Federal Way Comprehensive Plan goals and policies:
Ordinance No. 18- Page 3 of 13
Rev 1/18
Goals:
NEG1 To preserve the City's natural systems in order to protect public health,
safety, and welfare, and to maintain the integrity of the natural
environment.
NEP4 The City will continue to work with internal departments, state and
regional agencies, neighboring jurisdictions, and tribes to protect
environmentally critical areas and the City's natural environment.
NEP6 Mitigation sequencing steps, which begin with avoiding impacts
altogether by not taking certain action or parts of an action, should be
applied to all projects where impacts to environmentally critical areas are
proposed.
NEP7 Implement and periodically update environmentally critical area
regulations consistent with Best Available Science while also taking into
consideration the City's obligation to meet urban -level densities and other
requirements under the GMA.
NEG6 To prevent the loss of life, property, and habitat in frequently flooded
areas.
NEP41 New improvements should not be located in floodplains unless fully
mitigated via best building practices within areas of special flood hazard,
shallow flooding, coastal high hazard, and floodways. FWCP — Chapter
Nine, Natural Environment Revised 2015 IX -10
NEP42 Any approved construction should follow the mitigation recommendations
of a Habitat Assessment report.
(b) The proposed FWRC amendments bear a substantial relationship to the public
health, safety, and welfare because they provide clarification and additions to the sections of the
Code designed to prevent flood damage to life and property located in identified floodplains
within the City of Federal Way.
(c) The proposed amendments are in the best interest of the public and the residents
of the City of Federal Way because they eliminate a duplication within the Code, which can
result in inconsistent implementation when amendments are made to such sections within the
Ordinance No. 18- Page 4 of 13
Rev 1/18
Code, and provide greater safety, clarity, and certainty to applicants wishing to develop projects
within floodplains.
Section 3. Chapter 15.15 of the Federal Way Revised Code is hereby repealed.
Section 4. FWRC 19.142.040 is hereby amended to read as follows:
19.142.040 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise. Terms not defined here are defined according to Chapter 19.05 or 16.05 FWRC or
FWRC 1.05.020 in that order.
'`Actual start of construction" means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, any work beyond the stage of excavation, or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation fora basement, footings, piers, or foundations or the
erection of temporary forms, nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. "Actual start of construction," for a substantial improvement, means the first alteration
of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
"Appeal " means a request for a review of the interpretation of any provision of this chapter or a
request for a variance.
"Area of shallow flooding means designated as AO or AH zone on the flood insurance rate map
(FIRM). AO zones have base flood depths that range from one to three feet above the natural
ground; a clearly defined channel does not exist; the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident. AO is characterized as sheet flow; AH
indicates ponding, and is shown with standard base flood elevations.
"Area of special flood hazard" means the land in the floodplain within a community subject to a
one percent or greater chance of flooding in any given year. Designation on maps always
includes the letters A or V.
"Base flood " means the flood having a one percent chance of being equaled or exceeded in any
given year (also referred to as the "100 -year flood"). Designated on flood insurance rate maps by
the letters A or V.
"Basement" means any area of the building having its floor sub -grade (below ground level) on
all sides.
Ordinance No. 18- Page 5 of 13
Rev 1/18
"Breakaway mall " means a wall that. is not part of the structural support of the building and is
intended through its design and construction to collapse under specific lateral loading forces,
without causing damage to the elevated portion of the building or supporting foundation system.
"Coastal high hazard area" means an area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and any other area subject to high
velocity wave action from storms or seismic sources. The area is designated on the FIRM as
zone`V 1-30, VE or V.
"Critical facility" means a facility for which even a slight chance of flooding might be too great.
Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire
and emergency response installations, and installations which produce, use, or store hazardous
materials or hazardous waste.
"Development" means any man-made change to improved or unimproved real estate including
but not limited to buildings or other structures mining dredging filling_ grading paving
excavations drilling operations or storage of equipment or materials located within the area of
special flood hazard.
"Director" means the director of the city of Federal Way community development department
or his or her designee.
"Elevated building" means, for insurance purposes, a nonbasement building that has its lowest
elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or
columns.
"Elevation certificate" means the official form (FEMA Form 81-31) used to track development,
provide elevation information necessary to ensure compliance with community floodplain
management ordinances, and determine the proper insurance premium rate with Section B
completed by Federal Way.
"Existing manufactured home park or subdivision " means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
before the effective date of the adopted floodplain management regulations.
"Expansion to an existing manufactured home park or subdivision" means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).
"Flood" or 'flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
Ordinance No. 18- Page 6 of 13
Rev 1/18
(1) The overflow of inland or tidal waters; and/or
(2) The unusual and rapid accumulation of runoff of surface waters from any source.
"Flood insurance rate map (FIRM) " means the official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
"Flood insurance study (FIS) " means the official report provided by the Federal Insurance
Administration that includes flood profiles, the flood boundary-floodway map, and the water
surface elevation of the base flood.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot.
"Lowest floor" means the lowest enclosed area (including basement), except that where an
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or
storage in an area other than a basement area, is built in compliance with the applicable non -
elevation design requirements of FWRC. 19.142.140(l)(b), the next lowest enclosed area is the
lowest floor.
"Manufactured home " means a structure, transportable in one or more sections, which is built on
a permanent chassis and is designed for use with or without a permanent foundation when
attached to the required utilities, but does not include a recreational vehicle.
"Manufactured horse park or subdivision " means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
"New construction" means structures for which the "start of construction" commenced on or
after the effective date of the ordinance codified in this chapter.
"New manufactured home park or subdivision" means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is completed on or after the
effective date of adopted floodplain management regulations.
"Recreational vehicle " means a vehicle:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
Ordinance No, 18- Page 7 of 13
Rev 1/18
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
",Start of construction " includes substantial improvement, and means the date the building
permit was issued, where the actual start of construction, repair, reconstruction, placement or
other improvement occurs within 180 days of the permit date. See also "actual start of
construction."
"Structure " means a walled and roofed building, including a gas or liquid storage tank that is
principally above ground.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before -damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
"Substantial improvement" means any improvement of a structure, including any repair or
reconstruction, where the cost of the improvement equals or exceeds 50 percent of the market
value of the structure either before the improvement is started or, if the structure has been
damaged and is being restored, before the damage occurred.
Substantial improvement does not include: any project for improvement of a structure to correct
pre -cited existing violations of state or local health, sanitary, or safety code specifications which
have been previously identified by the local code enforcement official and which are the
minimum necessary to assure safe living conditions; or any alteration of a structure listed on the
National Register of Historic Places or a State Inventory of Historic Places.
Substantial improvement begins when the first alteration of any wall, ceiling, floor, or other
structural; part of the building commences, whether or not that alteration affects the external
dimensions of the structure.
"Variance" means a grant of relief from the requirements of this chapter that permits
construction in a manner that would otherwise be prohibited by this chapter.
"Water -dependent" means a structure for commerce or industry that cannot exist in any other
location and is dependent on the water by reason of the intrinsic nature of its operations.
Section 5. FWRC 19.142.050 is hereby amended to read as follows:
19.142.050 General provisions.
(1) Application of chapter. This chapter shall apply to all areas of special flood hazards within
the jurisdiction of Federal Way. The areas of special flood hazard identified by the Federal
Insurance Administration in a scientific and engineering report entitled "The Flood Insurance
Study for F King County, Washington and Incorporated Areas" dated May 16, 1995,
and any revisions thereto, with an accompanying flood insurance rate map (FIRM), and any
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revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The
flood insurance study and the FIRM are on file at Federal Way City Hall. The best available
information for flood hazard area identification as outlined in FWRC 19.142.070 shall be the
basis for regulation until a new FIRM is issued that incorporates data utilized under
FWRC 19.142.070.
(2) Penalties for noncompliance. No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms of this chapter and other
applicable regulations.
(3) Summary abatement. Whenever any violation of this chapter causes or creates a condition
which constitutes or contributes to an immediate and emergent threat to the public health, safety
or welfare or to the environment, the director may summarily and without prior notice abate the
condition. Notice of such abatement, including the reason for it, shall be given to the person
responsible for the violation as soon as reasonably possible after abatement. The costs of such
summary abatement shall be recoverable via procedures for recovery of abatement costs as set
forth in Chapter 1.15 FWRC, Civil Enforcement of Code.
(4) Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. However, where this chapter and
another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
(5) Interpretation. In the interpretation and application of this chapter, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither.to limit nor repeal any other powers granted under state statutes
(6) Warning and disclaimer of liability. The degree of flood protection required by this chapter is
considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood heights may be
increased by manmade or natural causes. This chapter does not imply that land outside the areas
of special flood hazards or uses permitted within such areas will be free from flooding or flood
damages. This chapter shall not create liability on the part of Federal Way, any officer or
employee thereof, or the Federal Insurance Administration for any flood damages that result
from reliance on this chapter or any administrative decision lawfully made hereunder.
Section 6. FWRC 19.142.060 is hereby amended to read as follows:
19.142.060 Development Activities Subject to Floodplain Development Permits.
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(1) Floodplain Ddevelopment permit required. A floodplain development permit shall be
obtained before construction or development begins within any area of special flood hazard
established in FWRC 19.142.050(1). The permit shall be for all structures including
manufactured homes, as set forth in FWRC 19.142.040, and for all development including fill
and other activities, also as set forth in FWRC 19.142.040.
(2) Non -development Activities Activities that do not meet the definition of "Development" in
this chapter are allowed in the regulatory floodplain without the need for a floodplain
development permit under this chapter,provided all other federal state, and local requirements
are met The following are examples of activities not considered development or manmade
changes to improved or unimproved real estate:
(a) Routine maintenance of landscaping that does not involve grading, excavation, or
filling;
(b) Removal of noxious weeds and hazard trees and replacement of nonnative vegetation
with native vegetation;
(c) Normal maintenance of structures such as re-roofingand nd replacing siding, as lona as
such work does not q-ualify as a substantial improvement;
(d) Normal maintenance of above ground public utilities and facilities, such as replacing
downed power lines;
(e) Normal street and road maintenance including filling potholes repaving, and installing
signs and traffic signals but not including expansion of paved areas; and
(1) Normal maintenance of a levee or other flood control facility prescribed in the
operations and maintenance plan for the levee or flood control facility.
(3) Other Activities All other activities not described in subsection (2) of this section are
allowed as long as a floodplain development permit is approved and if required as long as such
activities meet all the other requirements of this chapter and the other provisions of the FWRC.
(-24) Application for oodlain development permit. Application for a floodplain development
permit shall be made and shall include, but not be limited to, plans in duplicate drawn to scale
showing the nature, location, dimensions, and elevations of the area in question, existing or
proposed structures, fill, storage of materials, drainage facilities, and the location of the
foregoing. Specifically, the following information is required:
(a) Elevation in relation to mean. sea level, of the lowest floor (including basement) of all
structures recorded on a current elevation certificate (FEMA Form 81-31) with Section B
completed by the city of Federal Way building official;
(b) Elevation in relation to mean sea level to which any structure has been floodproofed;
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(c) Certification by a registered professional engineer or architect that the floodproofing
methods for any nonresidential structure meet floodproofing criteria in
FWRC 19.142.140(2);
(d) Description of the extent to which a watercourse will be altered or relocated as a
result of proposed development.
(35) Designation of the administrator. The director or designee is hereby appointed to administer
and implement this chapter by granting or denying development permit applications in
accordance with its provisions. The director shall:
(a) Review all development applications to determine that the requirements of this
chapter have been satisfied;
(b) Review all development applications to determine that all necessary permits have
been obtained from those federal, state, or local governmental agencies from which prior
approval is required; and
(c) Review all development applications to determine if the proposed development is
located in the floodway. If located in the floodway, assure that the encroachment
provisions of FWRC 19.142.160(1) are met.
(6) Proiect requirements. If the project is located in the regulatory floodplain and includes
activities not listed in FWRC 19.142.060(2) the application shall include a habitat impact
assessment completed by a professional biologist. If that assessment determines that impacts
upon the habitat would result from the project, the application shall also include a habitat
mitigation plan. The habitat assessment and the habitat mitigation plan shall be performed as
described in FEMA's Regional Guidance for Floodplain Habitat Assessment and Mitigation in
the Puget Sound Basin, 2013, and any revisions thereto.
(7) Third -party review. For any habitat impact assessment or habitat mitigation plan the city
may require a third -party review. Third -party review requires the applicant's habitat impact
assessment, habitat mitigation plan, and/or additional technical studies to be reviewed by an
independent third -party, paid for b the applicant but hired by the city. Third -party review shall
be conducted by a qualified consultant as defined in the Floodplain Habitat Assessment and
Mitigation Regional Guidance, FEMA Region X, 2010 and any revisions thereto
Section 7. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
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Section 8. 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 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 be effective five (5) days after passage
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this day of
2018.
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CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
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