2019-06-18 Council PKT - RegularCITY OF
�. Federal Way
Centered on Opportunity
CITY COUNCIL
REGULAR MEETING AGENDA
Council Chambers - City Hall
June 18, 2019 — 6:30 p.m.
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
a. "What Liberty Means to Me" Student Art Contest — Sponsored by the Arts Commission
and Federal Way Municipal Court
b. Proclamation: Make Music Federal Way — June 21, 2019 ...page 4
c. Proclamation: Pride Month — June 2019 ...page 5
d. Mayor's Emerging Issues and Report
Korean -American National Sports Festival at Memorial Stadium — June 21-23
Red, White and Blues Festival at Celebration Park — July 4th at 4:00 p.m.
Recent Community Events & Activities: Centerstage Theatre production of Bye, Bye
Birdie (6/7); FWPS Ground -Breaking: Wildwood (6/10), Mirror Lake (6/11), and Lake
Grove (6/12); City/Chamber Quarterly Chamber Update (6/11); Twin Lakes Police
Substation Ribbon Cutting (6/13); Consular Association of Washington (6/13); 30th
Annual Flag Day Celebration (6/15)
e. Council Committee Reports
• Finance, Economic Development Regional Affairs Committee (FEDRAC)
• Lodging Tax Advisory Committee (LTAC)
• Land Use/Transportation Committee (LUTC)
• Parks/Recreation/Human Services/Public Safety Committee (PRHSPS)
• Deputy Mayor Report/Regional Committees Report
4. CITIZEN COMMENT
PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING.
When recognized by the Mayor, come forward to the podium and state your name for the record. Please
limit your comments to three minutes. The Mayor may interrupt comments that exceed three minutes,
relate negatively to other individuals, or are otherwise inappropriate.
The City Council may add items and take action on items not listed on the agenda.
City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are
available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access
Channel 21. To view Council Meetings online please visit www.cityoffederalway.com.
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 maybe removed by
a Councilmember for separate discussion and subsequent motion.
a. Minutes: June 4, 2019 Special and Regular Meetings ...page 6
b. King County — Youth Athletic Sports Grant ...page 20
c. MacDonald Miller for HVAC Controls Upgrade Contract Award ...page 22
d. Pierce Transit Extra Duty Police Services Agreement ...page 24
e. 2019 Storm Pipe Repair Phase I Bid Award ...page 34
f. RESOLUTION: Authorization to Accept Grant Funding and Reallocate Expenditures for
a Transportation Improvement Project ...page 37
6. PUBLIC HEARING
a. 2020-2025 Transportation Improvement Program & Arterial Street Improvement Plan
...page 43
• Staff Report: Rick Perez, City Traffic Engineer
• Citizen Comment — 3 minutes each
• Council Discussion
• Resolution
7. COUNCIL BUSINESS
a. Selection Process — 2019 Amendments to the Federal Way Comprehensive Plan
...page 51
b. Diversity Commission Appointments ...page 62
c. Ethics Board Appointment ...page 63
8. ORDINANCES
First Reading
a. Council Bill #762 Relatina to the 2019 Periodic Uodate of the Shoreline Master
Program ...page 64
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
AMENDMENTS TO THE FEDERAL WAY REVISED CODE AND THE 2019 SHORELINE
PERIODIC UPDATE; AMENDING FWRC 15.05.020, 15.05.030, 15.05,040, 15.05.050,
15.05.070, 15.05.080, 15.05.090, 15.05.100, 15.05.110, 15.05.120, 15.05.140, 15.05.150.
15.05.180, 15.05.220, 15.05.240, 19.145.070, 19.145.410, 19.15.420, 19.145.460,
19.145.520; REPEALING CHAPTER 15.10; AND ADDING NEW SECTION 15.05.075.
(Amending Ordinance Nos. 15-797, 11-705, 09-597, 00-375, 99-355, 98-323, 97-291, and
90-38.
• Staff Report — Doc Hanson, Planning Manager
• Citizen Comment — 3 minutes
The City Council may add items and take action on items not listed on the agenda.
City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are
available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access
Channel 21. To view Council Meetings online please visit www.cityoffederalway.com.
Council Questions
Second Reading
b. Council Bill #760 Establishing a Senior Advisory Commission
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, CREATING A
SENIOR ADVISORY COMMISSION. ...page 145
c. Council Bill #761 Exempting Non -Profit Organizations from Admissions Tax
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
ADMISSIONS TAX; AMENDING FWRC 3.60.020. (Amending Ordinance No 17-831)
...page 151
9. COUNCIL REPORTS
10. EXECUTIVE SESSION
Collective Bargaining pursuant to RCW 42.30.140(4)(b)
Potential Litigation pursuant to RCW 42.30.140(1)(i)
11. ADJOURNMENT
The City Council may add items and take action on items not listed on the agenda.
City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are
available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access
Channel 21. To view Council Meetings online please visit www.cityoffederalway.com.
CITY OF
,:*:�Al Federal Way
PROCLAMATION
"Make Music Federal Way Day "
.Tune 21, 2019
WHEREAS, Make Music Federal Way is a one -day festival on the first day of summer that cele-
brates the ability of everyone to make music, presented locally by the City of Federal Way, the
Federal Way Lions Club, the libraries located at 320th Street and 1st Avenue South, and 4Cul-
ture,
WHEREAS, Make Music Federal Way is a day of music -making in public spaces all throughout
the City of Federal Way, all completely free for musicians and audiences alike, and
WHEREAS, Make Music Federal Way will launch on Friday, June 21, 2019, inspired by
France's national musical holiday, "Fete de la Musique," that started in France in 1982 and is
now an international phenomenon that takes place in more than 100 cities in 120 countries, and
WHEREAS, Make Music Federal Way joins a national group of "Make Music' cities that in-
cludes New York, Los Angeles, Chicago, Detroit, and Philadelphia, and
WHEREAS, Make Music Federal Way involves dozens of musicians, bands, and ensembles from
a diverse array of styles and genres, creating an opportunity to unite through the language of
music, and
WHEREAS, on June 21, 2019, Make Music Federal Way will celebrate its inaugural event as
people of all ages, musical genres, and ability levels (from students and amateurs to professionals)
gather throughout the day in the City of Federal Way to engage in music making, and
NOW THEREFORE, we, the undersigned Mayor and Council of the City of Federal Way, do
hereby proclaim June 21, 2019 as "Make Music Federal Way Day', and encourage all citizens of
the City of Federal Way to celebrate the joy of making music.
SIGNED this 18th day of June, 2019.
AL WAYMAYORAND CITY COUNCIL
Jim Ferrell, Mayor susa on , Deputy Mayor
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'sefa-Dawsa Councilmember Je a sa Councilmember
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Haan .Ira Counciimember 67oppangOuncPflrdpber
Martin Moor . Councilmember Dini Duclos, Councilmember
CITY OF
,:*:�k Federal Way
Voll,10110WAiN*4016)z
"Pride Month "
June 2019
WHEREAS, the City of Federal Way is a welcoming community and is fortunate to have such
a diverse population, including citizens who identify as lesbian, gay, bisexual, transgender,
transsexual, queer, questioning, intersex, asexual, allies, pansexual; and
WHEREAS, the Mayor of the City of Federal Way proclaimed Federal Way as a Welcoming
City in March 2017 and stated that Federal Way fosters a welcoming environment for all resi-
dents and visitors regardless of race, ethnicity, place of origin, or sexual orientation or identity;
and
WHEREAS, Washington State and King County have led the nation in protecting the civil
rights of our lesbian, gay, bisexual, transgender, transsexual, queer, questioning, intersex,
asexual, allies and pansexual neighbors, co-workers, friends, and family members; and
WHEREAS, in the movement toward equal rights for LGBTTQQIAAP people, a historic
turning point occurred on June 28, 1969, in Manhattan, New York City, which is often cited as
beginning the LGTBQ rights movement in the United States; and
WHEREAS, while further progress is needed, it is important to recognize and celebrate the
substantial gains that have been achieved; and
WHEREAS, the City of Federal Way recognizes the need for the community to work together
to promote equal rights for all, regardless of sexual orientation or gender identity;
NOW, THEREFORE, we the undersigned Mayor and City Council of the City of Federal Way
do hereby proclaim the month of June 20 i 9 as Pride Month. The City of Federal Way affirms
its support and acceptance for children, adults, parents, families, and allies within the
LGBTTQQIAAP community.
SIGNED this 18th day of June, 2019.
FEDERAL WAYMAYOR AND CITY COUNCIL
Jim Ferrell, Mayor
L ssefa-Dawson, ncil'PrTember
pang ouncilmember
7�1
Martin Mcore, Councilmember
4A100,11— 14�J,4--
5usa o a, Deputy Mayor
e1—
Zy
ahn n, Councilmember
M a ae g, CCU rnemE et"
r
Dini Duclos, Couricilmember
COUNCIL MEETING DATE: June 18, 2019 ITEM #: 5a
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION: Should the City Council approve the draft minutes for the June 4, 2019 Regular and
Special City Council Meetings?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
® Consent ❑ Ordinance Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office
Attachments:
Draft minutes for the June 4, 2019 Regular and Special Meetings
Options Considered:
1. Approve the minutes as presented.
2. Amend the minutes as necessary.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A N/A
Committee
Initial/Date
COMMITTEE RECOMMENDATION: N/A
N/A
Committee Chair
Council
Initial/Date
N/A
CITY CLERK APPROVAL:'%
hai iallDatc
Committee Member
PROPOSED COUNCIL MOTION: `I move approval of the minutes as presented. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
N/A
Committee Member
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IST reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED— 12/2016 RESOLUTION #
CITY OF
Federal Way
CITY COUNCIL
SPECIAL MEETING MINUTES
Council Chambers - City Hall
June 4, 2019 — 5:30 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 5:30 p.m.
Rey,
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Susan Honda, Councilmember Lydia
Assefa-Dawson, Councilmember Jesse Johnson, Councilmember Hoang Tran, Councilmember Mark
Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos.
City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney.
2. EXECUTIVE SESSION
At 5:30 p.m. Mayor Ferrell adjourned into Executive Session for the purpose of sale or lease of
property pursuant to RCW 42.30.110(1)(c) and discussing potential litigation pursuant to RCW
42.30.110(1)(i) for approximately thirty (30) minutes.
Sale or Lease of Property pursuant to RCW 42.30.110(1)(c)
Potential Litigation pursuant to RCW 42.30.110(1)(i)
3. ADJOURNMENT
There being nothing further on the agenda; the Special Meeting was adjourned at 6:00 p.m
Attest:
Stephanie Courtney
City Clerk
Approved by Council:
Federal Way City Council Special Minutes Page 1 of 1
June 4, 2019
CITY OF
FederalWay
CITY COUNCIL
REGULAR MEETING MINUTES
Council Chambers - City Hall
June 4, 2019 — 6:30 p.m.
1. CALL MEETING TO ORDER
Mayor Ferrell called the meeting to order at 6:36 p.m.
TIgAtf,
City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Susan Honda, Councilmember Lydia
Assefa-Dawson, Councilmember Jesse Johnson, Councilmember Hoang Tran, Councilmember Mark
Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos.
City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney.
2. PLEDGE OF ALLEGIANCE
Federal Way High School Jr. ROTC presented colors and led the flag salute.
3. PRESENTATIONS
a. Police Chief's Commendation Medal — Detective Kruse and Detective Tseng
Chief of Police Andy Hwang presented Detectives Kruse and Tseng with the Police Chiefs
Commendation Medal for their outstanding performance in quickly solving an assault case resulting in
the arrest of the suspect.
b. Proclamation: 30th Anniversary of Flag Day
Deputy Mayor Honda was pleased to read and present the proclamation to Soroptimist members.
c. Certificates of Appointment:
• Youth Commission - Councilmember Johnson read the Certificate of Appointment
for Shi-Hyun "Shawn" Yu who was unable to attend.
® Parks & Recreation Commission — Councilmember Johnson read and presented
Certificates of Appointment to Laura Belvin, George Pfeiffer, David Berger,
Thomas George, Bobby Jennings (unable to attend), and George Vadino.
Diversity Commission — Councilmember Johnson read and presented the
Certificates of Appointment to Victor Martinez and William Yi (unable to attend).
Federal Way City Council Regular Minutes Page I of 12
June 4, 2019
d. Camp Kilworth Update
As directed by Mayor Ferrell at the last Council meeting, Community Development Director
Brian Davis reported on his recent attempt to contact representatives from the two Kilworth
family trusts who now own the property. Director Davis stated unfortunately the bank
representative he spoke with was less than receptive to the city's questions and was not open
to further discussions without the city explaining what the city "brings to the table".
e. Mayor's Emerging Issues and Report
m Performing Arts & Event Center Signage Dedication (5/31)
Mayor Ferrell reported on the successful Performing Arts & Event Center (PAEC)
Signage Dedication and acknowledged current and former leaders in attendance. He
expressed appreciation to King County Councilmember Pete von Reichbauer for his
work in securing the grant money to make the signage possible.
• Community Events
Mayor Ferrell attended the well -attended Multi -Service Center Crab Feed Fundraiser
on June 1 at the PAEC; the Puget Sound Regional Council (PSRC) General Assembly
in Seattle on May 30; and the annual family friendly event Hooked on Fishing at Steel
Lake Park on Saturday, June 1 which served 343 kids.
■ Upcoming Events
Mayor Ferrell announced upcoming events including the Federal Way Chamber
Quarterly City Update on June 11; the 30th Annual Flag Day Celebration on June 15
at the King County Aquatics Center; and South King County ScholarAthlete Breakfast
on June 29 at the PAEC with Jim Zorn and Steve Raible beginning at 7:30 a.m.
• Federal Way Public Schools (FWPS) Groundbreaking Ceremonies
Mayor Ferrell will be attending three upcoming Federal Way Public Schools
groundbreaking events including: Wildwood Elementary on June 10; Mirror Lake
Elementary on June 11; and Lake Grove Elementary on June 12.
f. Council Committee Reports
Finance, Economic Development Regional Affairs Committee (FEDRAC) — Chair Duclos
highlighted major discussions from the May 28 FEDRAC Meeting including exempting
non -profits from admissions tax and continued discussions of revenue options forthe city.
Lodging Tax Advisory Committee (LTAC) — Chair Moore provided no report.
Land Use/Transportation Committee (LUTC) — Chair Koppang highlighted Public Works
staff is working hard to secure grant dollars to better the infrastructure within the city. He
thanked Policy Advisor Bill Vadino, who gave his first presentation regarding airport
issues.
Parks/Recreation/Human Services/Public Safety Committee (PRHSPS)—Chair Johnson
announced the next PRHSPS next meeting scheduled for June 11 and overviewed the
agenda and discussion items including CDBG Funding and Youth Violence Prevention
Federal Way City Council Regular Minutes Page 2 of 12
June 1, 2019
Program
Deputy Mayor Report/Regional Committees Report — Deputy Mayor Honda shared
Council reads emails they receive; she encouraged citizens to continue to email and share
their thoughts. She noted several Councilmembers are attending the Association of
Washington Cities (AWC) Conference where they will attend informational classes.
4. CITIZEN COMMENT
Peter Zimmerman feels the City has not made a good enough effort when dealing with the Kilworth
Foundation or at attempting to preserve Camp Kilworth. He requests the city come up with a plan and
try harder.
Daniel Vann is an employee at a marijuana store and understands that for some, marijuana has a
negative connotation. He agrees marijuana use is not meant for minors. Mr. Vann also reported on
the measures taken at his place of employment to uphold legal requirements.
Julie BLickhanan spoke in favor of allowing marijuana retailers in Federal Way. She feels marijuana
isn't any different from alcohol, which is sold in grocery stores, so she questions the double standard
held between the two. She also feels the City could benefit from the income the stores could bring.
Ken Blevens was born, raised in, and still resides in Federal Way and is disappointed by the amount
of crime taking place in the City. He is disappointed with the nickname "Felony Way" and would like
to see more action taken to help clean up the streets and eliminate crime.
Mason, Roberts advocated for marijuana stores in Federal Way. He feels not having stores in Federal
Way, people are forced to travel to other cities or to buy off the black market. If stores were allowed in
the city individuals would stop buying products off the black market would have reputable products
that are held to state standards.
John Parks thanked the Police Department for a recent ride along; it was informative and answered
many questions. Mr. Parks shared his discontent that King County doesn't prosecute small amounts
of felony drugs and is curious if the City of Federal Way could prosecute these offences.
Councilmember Moore left the room at 7:28 p.m.; he returned at 7:32 p.m.
Mary Ehlis shared that she is not surprised or discouraged by the earlier report from Director Davis
regarding Camp Kilworth. She thanked the city staff for their continued support answering her
questions and feels those who support Camp Kilworth need to work together to set unified goals.
Steve Wannenmacher addressed the marijuana discussion and asked if any kind of risk analysis has
been conducted around marijuana retailers to see that other cities allowing marijuana stores have
encountered.
Larry Toad, the director of the South King Tool Library, a non-profit opening soon, thanked all of those
who have helped to make the tool library possible. This is the 6th tool library to open in King County.
Nathaniel VVannenmacher feels banning marijuana retailers will not make it less available; and the city
won't be able to stop kids or adults from getting marijuana. Having retail stores will change the source
to friends and family instead of street dealers.
Jim Stiles questioned whether allowing marijuana stores in Federal Way should be a current priority.
The City has issues like homelessness, crime, and bills to pay to focus on.
Federal Way Cil}, Council Regular Minutes Page 3 of 12
June 4, 2019
Bernadine Lund just celebrated her 70th birthday and as such grew up in the 60s where drugs were
common; however she has always been against drugs of any kind. She shared that she and her
husband adopt senior dogs and have found CDB to be very helpful for managing their pain and for
that reason alone she is in support of allowing marijuana retailers in Federal Way.
Scott Chase attended a recent neighborhood council meeting at Green Gables where, in light of the
Seattle of Dying documentary, it was questioned what Federal Way is doing differently than Seattle to
address the issues of homelessness and drug use. Mr. Chase also expressed frustration over the
practice of not arresting anyone caught with less than 3 grams of narcotics.
Kylie Owen works as an inventory manager for a cannabis store and shared that she believes the
dialogue around the term recreational marijuana should be shifted. Part of her job is to educate
people and to help them navigate a very complex plant and she feels every community should have
these stores to allow these people a safe place regardless of their reason for use.
Adam Sheaffer is a manager at a marijuana shop and he shared his perspective that marijuana stores
and the employees are there to follow the spirit of the law. His store is focused on being compliant
and only selling to the appropriate clientele. He also shared his personal story.
David Berumen is a manager at a recreational marijuana store; however, prior to that we worked in
the assisted living and memory care industry. Mr. Berumen spoke on the values his company holds
and that part of those values is properly educating people on cannabis.
Char Marriner spoke against allowing marijuana stores in Federal Way. She shared that she isn't
against marijuana but dislikes encountering people using it while at parks or other public places.
Judy James reviewed answers for common assumptions that have driven polies banning marijuana
retail stores. She shared that since the last vote, more and more information has been released
regarding marijuana stores effects on communities.
Tim Burns shared his personal experience of how CBD oil has helped relieve his 100 year old
mother's back pain and how he found marijuana stores to be upright when they wouldn't allow his
mother to enter because she did not have valid identification.
Tony and Bonnie Armstrong noted their continued opposition to the current process of population
control of Canadian geese and renew their request to implement a city wide moratorium on killing
wildlife of any kind. They requested that the Council study the best practices for non -lethal was to
control the Canadian geese population.
Patricia Conant spoke against allowing marijuana stores in Federal Way. She stated her opinion that
marijuana is medically different from CBD oil, which can be purchased online. She also shared from
various resources backing her stance that marijuana has negative impacts.
Catherine North shared her displeasure of the term recreational being used in conjunction with
marijuana stores. She shops at marijuana stores for CBD oil for her wife and dog. In her experience
the stores have been pleasant and clean. She would like to see the city benefiting from the revenue
marijuana stores can bring in and to not have to drive to Kent or Auburn.
Daniel Miller spoke against marijuana stores. He questions if the extra revenue brought in from
allowing marijuana retailers will offset the consequences. Mr. Miller had the chance to meet with the
Secretary of Treasury recently and he says the Secretary said revenue from Marijuana is insignificant.
Dana Hollaway shared her thoughts on the inequity of the Microsoft Affordable Housing Initiative for
the region, Seattle and Eastside cities. She shared from data sources found on the Microsoft website
Federal Way City Council Regular Minutes Page 4 of`72
June 4. 2019
addressing this topic.
Susan Hastings helps facilitate classes at a local recovery center and she says that those who attend
her classes would consider marijuana to be a gateway drug. Ms. Hastings expressed that marijuana
can break families and that shouldn't be worth what revenue comes in.
Geoff r y Hastings related the pot shops to an ice cream truck and feels that youth will be drawn to
these stores if allowed in the City. He also expressed his concern that underage kids will get access
to marijuana from their friends who can legally buy it.
Cat Morrison is a daily user of marijuana and uses it both recreationally and for medicinal purposes.
She was able to get off opioids by using marijuana as an alternative, however she currently has to
take 3 buses and spend an hour and a half to get her cannabis.
Allison Taylor would like to see a Pride Flag displayed at City Hall in honor of Pride month for the
LGBT Community. She noted election results and the climate from 2015 and urged people to look
past the standard scare tactics. She asked the Council to allow this legitimate business without
another Advisory Vote.
Betty Tavlor shared that he apartment complex amended their leases to no longer allow smoking of
any kind on the property. She praises this decision because she dislikes walking out of her home to
the odor and smoke caused by smoking tobacco and marijuana.
Debbie Sabin is against allowing marijuana stores in Federal Way. She feels the election results from
2015 reflect how people still feel today and feels that issues like this are driving people out of the city.
Anna Patrick expressed her concern about where the marijuana stores would be located in Federal
Way. She feels there are some locations that wouldn't be best suited. She also pondering if the
revenue generated from marijuana retailers could be used for youth programming or similar causes.
Mayor Ferrell acknowledged and welcomed the elected officials in attendance
Letters read by City Clerk from Lynda Heimb finer Chns Leavitt David Berger. and Douce aibley in
opposition to marijuana stores in Federal Way
Letters read by City Clerk from Ken LUnd, Diane Jones Smith.. arla Poole, Pea Weborg, Lana Bostic,
and Roger Flygare.in support of allowing marijuana stores in Federal Way
Information read by City Clerk submitted by Laura 6elvin regarding a study conducted by The
Centennial Institute at Colorado Christian University regarding the economic and social costs of
legalizing marijuana.
Letter read by City Clerk from Jane BaCD h raising awareness to inhumane removal of Canadian
Geese.
Mayor announced a brief recess at 9:13 p.m. At 9:22 p.m. Mayor Ferrell reconvened the meeting.
5. CONSENT AGENDA
a. Minutes: May 21, 2019 Regular and Special Meetings
b. Vouchers - 4/16/2019 to 5/15/2019
c. Monthly Financial Report — April 2019
d. Tourism Enhancement Grant Recommendation for July -December 2019
Federal Way City Council Regular Minutes Page 5 of 12
June 4, 2019
DEPUTY MAYOR HONDA MOVED APPROVAL OF ITEMS A THROUGH D ON THE CONSENT
AGENDA; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows:
Deputy Mayor Honda yes Councilmember Koppang yes
CouncilmemberAssefa-Dawson yes Councilmember Moore yes
Councilmember Johnson yes Councilmember Duclos yes
Councilmember Tran yes
6. COUNCIL BUSINESS
a. Resolution: King County EMS Levy - Authorization/APPROVED RESOLUTION #19-
759
Dr. Al Church, Fire Chief, represented Federal Way on the King County Emergency Medical
Services Levy Taskforce where they discussed the continuation of paramedic services, basic
life support services, community medical technician services, and emergency medical
services (EMS) throughout King County. The taskforce unanimously sent the levy forward to
eleven cities fortheir authorization to place on the November ballot. The county is required to
gain authorization of at least nine (9) of the eleven (11) cities in King County over 50,000
population.
He introduced Michele Plorde, Director for King County Emergency Medical Services, who
overviewed the purpose of and the need to continue the levy which has been in place since
1979.
Ms. Plorde overviewed the current EMS system and medical model which is a tiered system
providing medical assistance to all through 911. She highlighted the recommendations
included in the levy and concluded by stating the recommendations will ensure programmatic
and financial needs are met which will continue the practice of the prudent use of funds.
Council thanked Dr. Church and Ms. Plorde for the information.
DEPUTY MAYOR HONDA MOVED APPROVAL OF THE PROPOSED RESOLUTION;
COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows:
Deputy Mayor Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Johnson
yes
Councilmember Tran
yes
Councilmember Koppang yes
Councilmember Moore yes
Councilmember Duclos yes
b. Letter to Sound Transit Board of Directors regarding recommendations for the Tacoma
Dome Link Extension EIS Alternatives
Sound Transit Liaison Tony Doucette overviewed Sound Transit Tacoma Dome Link
Extension Alternatives for Study in Draft Environmental Impact Statement (EIS).
DEPUTY MAYOR HONDA MOVED TO SUSPEND COUNCIL RULES AND EXTEND THE MEETING
PAST 10:00 P.M.; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as
follows:
Deputy Mayor Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Johnson
yes
Councilmember Tran
yes
Councilmember Koppang yes
Councilmember Moore yes
Councilmember Duclos yes
Federal Way City Council Regular Alinutes Page 6 of '12
June 4, 2019
After providing a brief history of the project, Mr. Doucette indicted the goal of the conversation
tonight was to give Council a voice in this process and indicate which alternatives for the
South Federal Way (SF) location would move forward in the process. Those not selected for
further study will be removed from consideration.
He reviewed maps showing Level 2 Alternatives with six potential stations including three
main rail alignments. He highlighted all six potential stations providing technical, scoping,
stakeholder, and staff feedback for all potential stations.
He noted that the proposed letter lists SF 2 West as was the only station recommended by all
groups and SF 8 & 9 (1-5 at S 356th Street) as South Federal Way Alternative recommended
for further study. The letter also states SF 2 East, SF 3, and SF 4 (A, B, C, and D) are not
recommended for further study.
Deputy Mayor Honda asked if potentially impacted property owners have been contacted. Mr.
Doucette indicated that Sound Transit has reached out to multiple property owners and he is
unaware if there has been any response. Councilmember Johnson suggested the City also
contact owners to make them aware of the potential impacts to their properties and
businesses. He also would like to converse with these owners and understand their situations.
Deputy Mayor Honda shared her preferred alternative to stay on 15 which would have less of
an impact on businesses and roads.
Councilmember Koppang outlined what he views as two options for Federal Way: SF 8 and 9
would result in a commuter station while SF 2 has the potential for redevelopment in the city
which would be a long term benefit.
Councilmember Moore shared his understanding that people expect the Council to be
visionary leaders and long term transit development is a good opportunity. Councilmember
Assefa-Dawson indicated her support for sending the three alternatives, but not listing a
preferred.
Public Works Director EJ Walsh responded noting it is advantageous to state a preference at
this point in the process rather than attempting to maneuver at a later date.
Community Development Director Brian Davis reiterated this is a legacy decision on what the
city and area will be in 50 years. There is a decision and opportunity before Council at this
time to take advantage of the Transit Oriented Development that will potentially displace
current businesses in order to redevelop the city and bring in new businesses.
COUNCILMEMBER KOPPANG MOVED TO APPROVE THE PROPOSED LETTER TO THE
SOUND TRANSIT BOARD REGARDING THE TACOMA DOME LINK EXTENSION STATION AND
ALIGNMENT LOCATIONS FOR FURTHER STUDY IN THE DRAFT ENVIRONMENTAL IMPACT
STATEMENT; COUNCILMEMBER DUCLOS SECOND.
Councilmember Tran outlined his understanding of SF2 W and S F8 and 9 having the least
amount of impact both residentially and commercially. He agrees with Mr. Davis that SF 2 has
the most potential for redevelopment and as such he believes SF 2 is the preferred option.
Councilmember Assefa-Dawson questioned if forwarding the three options will lessen the
impact of the letter. Councilmember Koppang believes there is a clear alternative in providing
the best opportunity for the future.
Councilmember Johnson believes we can send the letter as is, but wants Council to do a
Federal Way City Council Regular Minutes Page 7 of'12
June 4, 2019
better job of communicating with businesses directly and not leaving it up to Sound Transit
The motion passed 6-1 as follows:
Deputy Mayor Honda
yes Councilmember Koppang yes
Councilmember Assefa-Dawson
yes Councilmember Moore yes
Councilmember Johnson
no Councilmember Duclos yes
Councilmember Tran
yes
c. Discussion regarding Advisory Vote on Marijuana Stores in Federal Way
City Attorney Ryan Call provided a staff report on the process of an advisory vote; not on the
merits. An advisory vote took place on November 2015 where in 61.38% of 15,486 ballots
returned indicated that Federal Way City Council should not enact an ordinance allowing
marijuana -related businesses within the city. He indicated it was a somewhat small turnout,
but not a -typical for an off-year election.
Mr. Call outlined the anticipated timeline needed if Council moves forward and directs staff to
prepare a ballot item for the general election on November 5, 2019.
Mr. Call also indicated that election costs are split among the cities based on the number of
registered voters on the day of the election. The average cost for the entire election typically
exceeds $200,000. Adding an advisory vote would increase the cost somewhere between $5
and $20,000 on a general election ballot.
Accounting Manager Chase Donnelly reviewed Revised Code of Washington (RCW)
69.50.540(2)(g)(i) regarding marijuana excise tax distribution from the state. The overview
indicated that $4.2 million would be distributed to the cities on a per capita basis with $4.5
million to cities and unincorporated areas based on sales. The remainder is distributed to
counties.
Mr. Donnelly overviewed the projected revenues including sales tax (0.85%) and distribution
from the State (projected by State as $100,000) as follows:
• Gross sale of $1 million = $108,500
• Gross sale of $10 million - $185,000
He overviewed a table with neighboring cities and their revenue from 2018 and estimated
2019 distribution.
Councilmembers asked various questions including if Federal Way participation in marijuana
sales would reduce the revenue to neighboring jurisdictions; if stores have had a negative
impact on nearby businesses; and if illegal activity has increased in other jurisdictions as a
result of marijuana sale.
Mr. Donnelly clarified that the revenue brought in through the Marijuana Excise Tax does not
have any restrictions for future expenditures.
Councilmembers expressed their desire to know if the consensus of the citizens has changed
since the previous advisory vote.
Federal Way City Council Regular Minutes Page 8 of ' 12
June 4, 2019
COUNCILMEMBER JOHNSON MOVED DIRECT STAFF TO PREPARE A BALLOT MEASURE
REGARDING RETAIL MARIJUANA STORES FOR NOVEMBER GENERAL ELECTION;
COUNCILMEMBER MOORE SECOND.
City Attorney Ryan Call explained staff will prepare two resolutions to address the ballot title
and explanatory statement and a second resolution directing the City Clerk to advertise for Pro
and Con Committee members. The timeline presented suggests the two resolutions would be
brought back to Council on July 2.
Motion passed unanimously as follows:
Deputy Mayor Honda
yes Councilmember Koppang yes
Councilmember Assefa-Dawson
yes Councilmember Moore yes
Councilmember Johnson
yes Councilmember Duclos yes
Councilmember Tran
yes
d. Department of Commerce — Contract Amendments
Community Services Manager Sarah Bridgeford indicated the contracts were funded by the
Washington State Legislature to provide emergency shelter for children. Following a
competitive process, Council allocated the funds at $60,000 to the Multi -Service Center (MSC)
for immediate shelter options and $40,000 for FUSION predevelopment costs to establish
shelter for families in Federal Way.
FUSION has completed a feasibility study and anticipates spending less than previously
anticipated. Conversely, MSC has incurred costs exceeding the $60,000 for hotel/motel
vouchers for families.
Ms. Bridgeford recommended amending both agreements based on FUSION's final
expenditures allowing the MSC to use the remaining funds not utilized by FUSION.
DEPUTY MAYOR HONDA MOVED TO AUTHORIZE STAFF TO AMEND THE FUSION CONTRACT
AND THE MSC MOTEL VOUCHERS CONTRACT TO ALLOCATE ANY MONEY UNUSED BY
FUSION TO THE MSC VOUCHER PROGRAM, AS OUTLINED IN OPTION 1; COUNCILMEMBER
ASSEFA-DAWSON SECOND. The motion passed unanimously as follows:
Deputy Mayor Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Johnson
yes
Councilmember Tran
yes
Councilmember Koppang yes
Councilmember Moore yes
Councilmember Duclos yes
e. Reschedule August 6, 2019 Regular City Council Meeting to August 13, 2019
DEPUTY MAYOR HONDA MOVED TO SUSPEND COUNCIL RULE 2.1(1) AND TO RESCHEDULE
THE AUGUST 6, 2019 CITY COUNCIL REGULAR MEETING TO AUGUST 13, 2019;
COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows:
Deputy Mayor Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Johnson
yes
Councilmember Tran
yes
Councilmember Koppang yes
Councilmember Moore yes
Councilmember Duclos yes
f. Cancel August 19, 2019 Regular City Council Meeting
Federal Way City Council Regular Minutes
June 4, 2019
Page 9 of 12
DEPUTY MAYOR HONDA MOVED TO SUSPEND COUNCIL RULE 2.1(1) AND TO CANCEL THE
AUGUST 20, 2019 CITY COUNCIL REGULAR MEETING; COUNCILMEMBER Koppang SECOND.
The motion passed unanimously as follows:
Deputy Mayor Honda yes Councilmember Koppang yes
CouncilmemberAssefa-Dawson yes Councilmember Moore yes
Councilmember Johnson yes Councilmember Duclos yes
Councilmember Tran yes
7. ORDINANCES
First Reading
a. _Council Bill #760 Establishing a Senior Advisory Commission
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, CREATING A
SENIOR ADVISORY COMMISSION.
City Attorney Ryan Call presented a brief presentation regarding the proposed Senior
Advisory Commission. He outlined there are no direct financial impacts anticipated
other than administrative support which will be provided by existing staff during normal
business hours.
The purpose of the commission would be to advise on policies, community
engagement, and delivery of senior citizen programs; provide outreach to the
community; and identify issues by working with others. The commission will meet at
least quarterly and consist of up to nine voting members and three alternate members
appointed by City Council.
Deputy Mayor Honda thanked Mayor Ferrell and Councilmembers Johnson and Moore
for their vision and staff for their work in preparing the ordinance. Councilmembers
also expressed their excitement for this commission.
No citizen comment was given.
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER JOHNSON MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
JUNE 18, 2019 COUNCIL MEETING FOR SECOND READING AND ENACTMENT;
COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows:
Deputy Mayor Honda .
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Johnson
yes
Councilmember Tran
yes
Councilmember Koppang yes
Councilmember Moore yes
Councilmember Duclos yes
Council Bill #761 Exempting Non -Profit Oraanizations from Admissions Tax
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
ADMISSIONS TAX; AMENDING FWRC 3.60.020. (Amending Ordinance No 17-831)
City Attorney Ryan Call provided background on Ordinance #17-831 which imposed
an admission tax of 5% on the person who is admitted. Council recently directed staff
to provide an exemption for all non -profits groups.
The proposed ordinance adds the requested exemption and it is anticipated there will
be an estimated $10,000 per year reduction in revenue.
Federal Way City Council Regular Minutes Page 10 of 12
June 4, 2019
No citizen comment was given.
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER DUCLOS MOVED TO FORWARD THE PROPOSED ORDINANCE TO THE
JUNE 18, 2019 COUNCIL MEETING FOR SECOND READING AND ENACTMENT;
COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows:
Deputy Mayor Honda
yes
CouncilmemberAssefa-Dawson
yes
Councilmember Johnson
yes
Councilmember Tran
yes
Councilmember Koppang yes
Councilmember Moore yes
Councilmember Duclos yes
Second Reading/Enactment
c. Council Bill #758 Approving the Federal Way Link Extension Prosect
Development AcreemenUAPPROVED ORDINANCE #19-869
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE
FEDERAL WAY LINK EXTENSION PROJECT DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY AND SOUND TRANSIT.
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED ORDINANCE;
COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows:
Deputy Mayor Honda
yes Councilmember Koppang yes
CouncilmemberAssefa-Dawson yes Councilmember Moore yes
Councilmember Johnson
yes Councilmember Duclos yes
Councilmember Tran
yes
d. Council Bill #759
Update the Limited Right -of -Way Use Permit Cade
APPROVED ORDINANCE #19-870
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO
BONDING AND INSURANCE REQUIREMENTS FOR LIMITED RIGHT-OF-WAY USE
PERMITS; AMENDING FWRC 4.25.090 AND 4.25.100. (Amending Ordinance No. 90-50)
City Clerk Stephanie Courtney read the ordinance title into the record.
COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED ORDINANCE;
COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows:
Deputy Mayor Honda
yes Councilmember Koppang yes
CouncilmemberAssefa-Dawson
yes Councilmember Moore yes
Councilmember Johnson
yes Councilmember Duclos yes
Councilmember Tran
yes
8. COUNCIL REPORTS
Due to the late hour Councilmember Assefa-Dawson, Councilmember Johnson, Councilmember
Tran, Councilmember Koppang, and Councilmember Duclos provided no report.
Councilmember Moore appreciates the variety of topics he is able to consider as a Councilmember.
This week he learned a sad fact that there are roughly twenty Veterans a day commit suicide
nationwide (as of July 7, 2016). He suggested two new pages for the city website to provide
Federal Way City Council Regular Minutes Page II of 12
June 4, 2019
information and resources for Veterans and for youth
Deputy Mayor Honda expressed appreciation for the 30th Anniversary of Flag Day Proclamation and
thanked King County Councilmember Pete von Reichbauer for his continued support with Flag Day.
The reception begins at 9:30 a.m. and the event at 10:00 a.m. at The Commons Mall between Chase
Bank and Applebee's.
9. EXECUTIVE SESSION
• -S-ale or Lease at PFG -pe -r. aRttG RGVV 42,30.11 not needed
Potential-L-+tigafian pursuant +„ RGVV 4 2 3444-C�r;4 not needed
10. ADJOURNMENT
There being nothing further on the agenda; the Special Meeting was adjourned at 11:43 pm
Attest:
Stephanie Courtney
City Clerk
Approved by Council:
Federal Way City Council Regular Minutes Page 12 of 12
June t, 2019
COUNCIL MEETING DATE: June 18, 2019 ITEM #: 5b_-
CITY
OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: KING COUNTY — YOUTH ATHLETIC SPORTS GRANT
POLICY QUESTION:
Should the City of Federal Way accept a $250,000 King County Youth Athletic Sports Grant for Saghalie field
turf replacement?
COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: June 11, 2019
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephen Ikerd, Deputy Director DEPT: Parks
Background: Staff applied for a KC Athletic Sports Grant earlier this year and we were just notified that the
City will be awarded $250,000 to apply to the replacement of the artificial turf at Saghalie Park. This turf has
reached its useful life and staff is working out the final details for this replacement project and will be back to
Council soon with an award request.
Attachments: King County Youth Athletic Sports Grant overview.
Options Considered:
Option 1 - Accept the grant award of $250,000 for Saghalie artificial turf replacement.
Option 2 - Do not accept the grant award of $250,000 for Saghalie artificial turf replacement and provide staff
direction.
MAYOR'S RFCON111IENDA ON: Option 1
MAYOR APPROVAL:'7 DIRECTOR APPROVAL: Q1/�
Ca mince Ct line Itiioia11l3ate
Ini l/Dwe [nitiaU ate
COMMITTEE RECOMMENDATION: 1 move to forward option 1 to the June 18, 2019 consent agenda for approval.
Committee Chair Conuniae- Member ConviAtee Membe
PROPOSED COUNCIL MOTION: "I move approval of accepting the King County Youth Athletic Sports Grant in
the amount of $250, 000.00.
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
First reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED - 12/2017
RESOLUTION #
ka King County
4
Your BigBackyaind
King County Youth Athletic Sports Grant Overview
2019 Grants
King County Parks will fund 36 projects for a total of $2.4 million in grants for projects ranging from free
soccer programs for immigrant youth and athletic programs for urban native youth to pool repairs and
ballfield improvements. Some 200 applicants submitted projects this cycle, requesting more than $13 million
in support.
Program Summary
Youth and Amateur Sports Grants (YASG) support fit and healthy communities by investing in programs and
capital improvements that reduce barriers to accessing physical activity.
Goals and Priorities of YASG investments:
• Increase youth access to and participation in quality physical activity programs, facilities, and parks
• Priority populations include low-income youth, youth of color, immigrant and refugee youth, limited English
speaking youth, youth with disabilities, and unincorporated area residents
• Improve health outcomes and reduce health disparities
The program is funded and sustained through a 1 percent car -rental tax authorized by the Legislature in
1993. Funds can only be used for programs or capital projects that increase access to health -enhancing
physical activities.
Formerly called the Youth Sports Facilities Grants, King County has awarded more than $15 million in grants
since the program's inception in 1993, creating more than 350 new or renovated youth sports facilities and
programs throughout King County.
COUNCIL MEETING DATE: June 18, 2019
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: HVAC CONTROLS UPGRADE
ITEM #: 5C
POLICY QUESTION: Should the City Council award a contract in the amount of $49,500 to MacDonald Miller Facilities
Solutions to upgrade the City Hall HVAC controls?
COMMITTEE: PRHSPS
MEETING DATE: 6/11/19
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Steve Ikerd, Parks De u _ Director DEPT: Parks
Attachments: MacDonald Miller selection memo justification.
Options:
Option 1. Award a contract to MacDonald Miller Facilities Solutions in the amount of $49,500 to upgrade the City Hall
HVAC controls.
Option 2. Do not award a contract to MacDonald Miller Facilities Solutions and provide staff with direction.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL: * S {� �% DIRECTOR APPROVAL:
cp ntiltee 7 cc,,, if InitiaElDate
Initial/Date InitialiDate
COMMITTEE RECOMMENDATION: I move to forward the contract award to a MacDonald Miller Facilities Solutions to
the June 18, 2019 consent agenda for approval.
ommittee =Chair Committee qember Cons tree Member
PROPOSED COUNCIL MOTION: "I move to award a contract to MacDonald Miller Facilities Solutions in the amount
of $49,500 to upgrade the City Hall HVAC controls. "
(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 — 11/2016
RESOLUTION #
" CIiY OF
Federal Way
Parks Department
Date:
May 21. 2019
To:
PRHSPS Council Committee
Via:
Mayor Jim Ferrell
John Hutton, Parks Director
From:
Stephen Ikerd, Deputy Parks Director
Subject:
MacDonald Miller selection justification
Financial impact: During the recent budget adjustment Council approved funds to
upgrade the City Hall HVAC controls system in the amount of $50,000.
Background:
The existing controls for the City Hall HVAC are outdated and updates are no longer
available so there is an urgent need to upgrade the system. We recently had a problem
that was very difficult to resolve due to the age of the software and equipment.
MacDonald Miller Facilities Solutions has been servicing City Hall for the past 9 years,
installed the original controls and knows all the of the related equipment and its quirks
better than anyone else. The City just solicited bids for HVAC service and Mac Donald
Miller won that bid, so they are under a new 3 year contract to provide maintenance and
repair services.
Updating the controls and knowing how to merge a new control system with old hardware
and equipment is a very difficult process and requires special skills. MacDonald Miller staff
has the historical knowledge of the facility and the required training to be successful. City
Hall has multiple types and brands of HVAC equipment which this vendor is fully certified
on; many other vendors are unable to provide a broad spectrum of certified services for
the type equipment we have.
MacDonald Miller must work directly with the City IT Division to integrate the software and
controls into the City systems to insure a seamless process occurs. Again this vendor has
work successfully with our IT staff many times in the past to keep our current controls
operational, including the last failure.
There is a proven confidence level having used a vendor for many years who knows,
understands and is skilled to perform this complicated upgrade. It is more efficient, cost
effective and less complicated to use the current contractor to make these upgrades
rather than to go out for a general bid for a product they will be under contract to service.
Their quote is within the expected range of this type upgrade.
Available Budget:
$50,000 - allocated during the recent budget adjustment.
$49,500 — quote to upgrade the City Hall controls, including tax.
Recommendation:
City Council to award a contract to MacDonald Miller Facilities Solutions in the amount of
$49,500 to upgrade the City Hall HVAC controls.
COUNCIL MEETING DATE: June 18, 2019 ITEM #: 5d
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Pierce Transit Extra Duty Police Services Agreement
POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department enter into another
agreement with Pierce Transit for extra duty police services?
COMMITTEE: PRHS&PSC MEETING DATE: June 11, 2019
CATEGORY:
® Consent ❑ Ordinance C] Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Kyle Sumpter, Peputy DeputyChief of Police DEPT: Police Department
Attachments:
1. PRHS&PS Memo
Options Considered:
1. Enter into another extra duty police services agreement with Pierce Transit
2. Do not enter into the next agreement. Maintain the current agreement until it expires later in 2019.
MAYOR'S RECOMMENDATION: 1 Enter into an agreement for extra duty police services with Pierce Transit
MAYOR APPROVAL: j DIRECTOR APPROVAL: s�9
nmani ee cowics Initial
COMMITTEE RECOMMENDATION: I move to forward the Pierce Transit extra duty police services agreement to
the June 18, 2019 consent agenda for approval.
m ittee Chair
Committee (Member
e Mem
PROPOSED COUNCIL MOTION: I move approval of the Pierce Transit extra duty police servicK agreement,
and authorize Police Chief Andy Hwang to sign such agreement.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL#
❑ DENIED
IST reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 08/12/2010
RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: June 11, 2019
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Pierce Transit Extra Duty Police Services Agreement
Financial Impacts:
Costs for this agreement are reimbursed by Pierce Transit. Overall there should be no negative
impact to City funds or to the police department's operating budget.
Background Information:
In 2018 the City entered into an agreement with Pierce Transit for Federal Way police officers to
work extra duty at various Pierce Transit stations, vehicles, bus routes, bus stops, facilities and
properties in Federal Way, Washington. The original term of the agreement was June 1, 2018
through December 31, 2018. Amendment #1 extended the agreement into 2019. This agreement
takes effect October 15, 2019 and runs through December 31, 2021.
Pierce Transit has agreed to pay an overtime rate of $72.20 per hour for each officer working in
2019. Beginning January 1, 2020, the hourly rates shall be increased by the same percentage of
pay increase in the Federal Way Police Guild bargaining agreement with the City. The extra
duty hours would be four (4) hours in the early morning, (3) hours in the afternoon and three (3)
hours later at night.
Officers work this job during their off-duty hours, so this does not impact regular police services for
the Federal Way Police Department. This agreement actually enhances our services by putting more
Federal Way police officers in service three times daily, all in uniform, at various Pierce Transit sites
and facilities — primarily at the Federal Way Transit Center.
CONTRACT NO.
CITY OF FEDERAL WAY
EXTRA DUTY POLICE SERVICES AGREEMENT
This agreement is made and entered into this day of 2019 by
and between the City of Federal Way, Washington (hereafter "City") and Pierce County
Public Transportation Benefit Area Corporation (hereinafter "Pierce Transit").
WHEREAS, the City and Pierce Transit previously entered into an Extra Duty Police
Services Agreement dated June 1St, 2018 and executed Amendment No. 1 to said Agreement
on January 29, 2018; and
WHEREAS, the parties desire to enter into this new Agreement to incorporate
additional terms recently negotiated and agreed upon between the parties; and
WHEREAS, Pierce Transit's operations occur in and around the City;
WHEREAS, Pierce Transit seeks to contract with the City for police related services
or assistance to support Pierce Transit's system; and
WHEREAS, the City normally has resources available and is able to provide duly
commissioned law enforcement officers to provide police related services to Pierce Transit
subject to the terms and conditions set forth in this Agreement and the approval of the City's
Chief of Police or Designee; and
WHEREAS, the duly commissioned officers who may provide such service will be
assigned to extra duty under this contract during their off-duty hours, which will not conflict
with their law enforcement obligation to the City; and
WHEREAS, the parties intend that the City be reimbursed, as nearly as possible, for
its cost of providing policing services to Pierce Transit and that there shall be neither profit
nor subsidy in the rates for such services; and
WHEREAS, the parties are authorized to enter into this agreement by virtue of RCW
39.34 and 35.02.225;
NOW, THEREFORE, the parties agree as follows:
1. PURPOSE.
The purpose of this agreement is for the City to provide Pierce Transit with law
enforcement services through the Federal Way Police Department (FWPD). It is the intent of
all parties that the services provided herein shall be provided in conjunction with the Pierce
PT -Federal Way PD ILA
Page 1 of 8
County Sherriff's Department to provide law enforcement services to support Pierce Transit's
system.
2. SCOPE OF PERFORMANCE.
The City shall provide Pierce Transit with extra duty police officer services upon request by
the Pierce Transit Chief of Public Safety. The parties acknowledge that the number of
officers and number of hours requested by Pierce Transit may fluctuate depending on Pierce
Transit's needs, and the City's Chief of Police and Pierce Transit's Chief of Public Safety
shall work together to determine the appropriate staffing level. Service provided by the City
will be as is generally described below:
(a) Number of officers: As requested by Pierce Transit, subject to the
approval of the City's Chief of Police. For planning purposes, in the
first year of this Agreement, the City should plan to have at least one
(1) officer per shift, per day available to support this Agreement.
(b) Hours and dates to be worked: Pierce Transit anticipates requesting
services from 0400 to 0800, 1500 to 1800, and 2100 to 2400 each
day. Hours and dates of service may be changed as deemed
necessary by either party and as agreed upon between the City's
Chief of Police and Pierce Transit's Chief of Police.
(c) Specific location of service: As requested by Pierce Transit, subject
to the approval of the City's Chief of Police. Pierce Transit requests
service at the Federal Way Transit Center (31621 23rd Ave S.,
Federal Way, WA.) and Pierce Transit vehicles, bus routes, bus
stops, facilities and properties located in the City.
(d) Duty of Officers: The officers assigned to support Pierce Transit
pursuant to this agreement shall provide law enforcement services
for and at various Pierce Transit stations, vehicles, bus routes, bus
stops, facilities and properties and throughout Pierce Transit's
system located within the City. Such services shall include but are
not limited to addressing issues of safety and security, responding to
calls for service, conducting criminal investigations, making arrests,
writing official reports, and issuing exclusion orders as well as
monitoring activities at or on various Pierce Transit stations,
vehicles, bus routes, bus stops, facilities, properties, and parking lots.
Service also includes working to ensure the safety and security of the
patrons, employees, staff and visitors to the various Pierce Transit
stations, vehicles, bus routes, bus stops, facilities and properties.
FWPD officers are expected to be at Pierce Transit locations within
the City serving as a visual deterrent and liaison to the patrons and
employees for a majority of the work shift. These services shall be
PT -Federal Way PD ILA
Page 2 of 8
provided in full uniform and shall be accompanied by a marked or
other authorized police vehicle.
It is the expectation of the parties that the officers scheduled for a
pre- determined shift will be present to complete his/her shifts,
except for the following circumstances: agency callback, late
call/report from primary employment, family emergency, personal
illness, all of which will be considered excused. The officers will
make appropriate notification to FWPD management and attempt to
find a replacement for their shifts.
(e) The City shall furnish and supply all necessary personnel,
supervision, equipment, uniforms, communication equipment,
vehicles and supplies necessary to maintain the level of service to
be rendered hereunder, and shall pay all salaries and employee
benefits and other costs in connection therewith.
(f) The City shall maintain all records relating to the administration of
this agreement and staffing for same, provided that Pierce Transit
shall have access to all records (excluding personnel records)
relating to this agreement and/or law enforcement services
provided to Pierce Transit upon request.
(g) When working pursuant to this contract, FWPD officers will
monitor and respond to radio calls for service within the City that
originate from Pierce Transit. Pierce Transit will designate a
Primary Talk group that officers will listen to and respond to calls
for service.
3. ADMINISTRATION OF PERSONNEL.
All personnel assigned to Pierce Transit shall be employed by the City and governed
by the City and FWPD laws, rules, policies and collective bargaining agreements.
Recruitment, replacement, and performance of all personnel shall be in accordance with
such City laws, rules, policies, and agreement; provided however, that Pierce Transit may
communicate performance concerns of City personnel to the City. Any assignment or re-
assignment of personnel will be in the sole discretion of the City's Chief of Police.
4. CONTRACT TERM, EXTENSION AND TERMINATION.
(a) The term of performance of the contract shall be from October 15, 2019 through
December 31, 2021.
(b) This contract may be extended for two additional one-year periods upon the
written consent of both parties hereto, and subject to approval of their governing bodies.
PT -Federal Way PD ILA
Page 3 of 8
(c) Either party may terminate this Agreement for any reason and at any time when, in
its sole discretion, it is in the best interest of the terminating party, by giving one hundred
twenty (120) days' prior written notice to the other party.
5. COMPENSATION.
Pierce Transit shall pay the City as full reimbursement for all police services
furnished under this contract a fee of $72.20 per hour, per officer, in calendar year 2019.
On Thanksgiving Day, Christmas, and New Year's Day, the rate shall be one and one-
half times the hourly base rate. On Independence Day, the rate shall be two times the hourly base
rate.
Beginning January 1, 2020, the hourly rates shall be increased by the same
percentage of pay increase in the Federal Way Police Guild bargaining agreement with the
City, not to exceed four percent (4%) per year. Hourly rate increases for any optional extension
years shall be negotiated between the parties prior to execution of any contract amendment
extending the term of this Agreement.
It is agreed upon that officers will be paid in 1/6 of an hour increments during times
when officers work beyond their assigned shifts to complete reports, transports or other law
enforcement duties that are Pierce Transit related.
6. PAYMENT.
Pierce Transit shall reimburse the City for law enforcement services described herein
pursuant to the all-inclusive payment rate shown above. The City shall invoice Pierce Transit
on or about the 15th of the month following the service and include detailed service
information, including actual service hours and all-inclusive hourly rate per officer. Payment
shall be made by a check payable to the City of Federal Way and sent to the City within
thirty (30) calendar days after receipt of invoice. Payments will include a processing fee of
$10.00 per month. Payments to the City that are received later than thirty (30) days
following the invoice dates shall accrue interest at the rate of twelve percent (12%) per
annum on the balance due. All payments shall first be applied to the accrued interest.
Pierce Transit shall not be financially liable for scheduled law enforcement services
which are not actually performed if non-performance occurred because an officer was
unable to complete his shift. However, Pierce Transit is financially liable for scheduled law
enforcement services at the designated hourly minimum in all other circumstances.
7. COORDINATION WITH CHIEF OF PUBLIC SAFETY.
Pierce Transit has contracted with Pierce County Sherriff s Department to provide a
Chief of Public Safety who will be responsible for coordinating the daily delivery of
policing services to Pierce Transit in conjunction and cooperation with the City and any
PT -Federal Way PD ILA
Page 4 of 8
other applicable law enforcement agencies. Pierce Transit reserves the right to directly hire
a Chief of Public Safety as a Pierce Transit employee. The Chief of Public Safety will be
tasked with coordinating all law enforcement efforts along with the City's FWPD officers.
It shall be the responsibility of the Chief of Public Safety to determine the appropriate
coverage, amount of hours, and type of work needed by FWPD officers to support Pierce
Transit's system. The Chief of Public Safety will coordinate with the City's Chief of Police
as needed, to ensure appropriate levels of law enforcement coverage for Pierce Transit.
8. DUTY STATUS,
Each police officer assigned to work, pursuant to this contract, is subject to call or
assignment elsewhere by the City's Chief of Police or the Chief's designee, at any time for
emergencies, special assignment, or overtime duty. Extra duty employment shall not infringe
or interfere with the officer's primary obligations associated with his or her employment
obligations to the City.
9. ADHERENCE TO CITY POLICIES AND PROCEDURES -SCOPE OF WORK.
Police officers engaged in extra duty employment are obligated to discharge all duties
of their office and adhere to the City's police department policies and procedures at all times.
Such officers shall obey, uphold and enforce the laws of the City and State of Washington
and the Constitutions of the State of Washington and the United States of America at all
times. Such officers shall understand that while they are on duty or engaged in extra duty
assignment under this contract, they may remain subject to the supervision, direction, and/or
discipline by the City, and subject to any applicable collective bargaining agreement in effect
with the City. Police officers performing work pursuant to this contract shall only provide
law enforcement/peacekeeping services as specified in Section 2(d) of this contract and they
are at all times while performing said services subject to the direction and control of the City
police department only.
I0. ACTIVITY REPORTS.
Upon request, the City will provide reports to Pierce Transit, through the Chief of
Public Safety on criminal activity within the City of Federal Way on or involving Pierce
Transit's system. Extra duty officers assigned by the City will report their daily activities
for those hours worked in the Pierce Transit system pursuant to this Agreement. Pierce
Transit will provide the City with an electronic activity reporting tool if needed.
11. NO SPECIAL DUTY TO CONTRACTOR OR OTHERS.
Police officers on extra duty assignment have a primary obligation to the City, not
Pierce Transit. They are expected to discharge all duties of their office while performing
pursuant to this contract and are not required to perform any non -law
enforcement/peacekeeping functions for Pierce Transit. Furthermore, this contract and
performance thereof by the City police officers shall not create any special relationship with
PT -Federal Way PD ILA
Page 5 of 8
any person or duties to protect any specific persons from harm or injury including the party
signing this contract. The law enforcement/peacekeeping duties to be performed pursuant to
this contract are the same in extent and scope as those provided by police officers to every
member of the public.
12. NONDISCRIMINATION.
The parties shall not discriminate on the basis of race, color, sex, religion, national
origin, creed, age or the presence of any sensory, mental or physical handicap. The City and
Pierce Transit certify that they are Equal Opportunity Employers.
13. INDEPENDENT CONTRACTOR.
The City is, and shall at all times be deemed to be, an independent contractor.
Nothing herein contained shall be construed as creating the relationship of employer and
employee, or principal and agent, between Pierce Transit and the City or any of the City's
agents or employees. The City shall retain all authority for rendition of services, standards of
performance, control of personnel, and other matters incident to the performance of
services by the City pursuant to this Agreement.
Nothing in this agreement shall make any employee of Pierce Transit a City
employee or any employee of the City a Pierce Transit employee for any purpose,
including, but not limited to, for withholding of taxes, payment of benefits, worker's
compensation pursuant to Title5l RCW, or any other rights or privileges accorded City or
Pierce Transit employees by virtue of their employment.
14. INSURANCE COVERAGE.
The City shall maintain at all times during the course of this agreement a general
liability insurance policy or other comparable coverage with a self-insured retention of no
more than $500,000.00 and a policy limit of no less than $5,000,000.00 dollars.
15. LIABILITY AND INDEMNIFICATION.
Each party shall be responsible and liable for the consequences of any act or failure
to act on the part of itself, its employees or officers. While providing services hereunder, the
acts or omissions of extra duty officers in the course and scope of supporting or otherwise
providing services to Pierce Transit under this Agreement shall be deemed to be acts or
omissions of City employees which shall be the sole responsibility of the City. Each party
shall be responsible for its own negligence and that of its employees. Each party shall
defend, indemnify and save harmless, the other party or the other party's officers, employees
and agents from any and all costs, claims, judgments or awards of damages, resulting or
arising from the acts or omissions of the indemnifying party, its officers or employees
arising out of or in connection with the performance of this agreement. This indemnity
provision shall survive the expiration or termination of this Agreement.
PT -Federal Way PD ILA
Page 6 of 8
16. DISPUTE RESOLUTION.
In the event of a dispute in the administration of this agreement, Pierce Transit
CEO or her designee shall discuss the dispute with the City's Chief of Police in an attempt
to resolve the problem. If Pierce Transit CEO and the City's Chief of Police are unable to
resolve a claim or dispute stemming from this Agreement, the parties agree to participate in
non-binding mediation before a third party professional mediator, whose selection will be
mutually agreed upon. The cost of mediating the dispute will be borne equally by both
parties, and mediation should occur within thirty (30) days of a request by either party to
engage in mediation. No claim or suit may be brought until the dispute resolution
procedures as set forth in this section have been exhausted. If dispute resolution efforts
under this section are not successful, either party may institute legal action to enforce the
terms and conditions of this agreement. Exclusive jurisdiction for any such dispute shall be
Pierce County Superior Court in Tacoma, Washington.
17. NOTICES
All notices and other material to be delivered under this contract shall be in writing
and shall be delivered or mailed to the following address:
City of Federal Way
33325 81" Ave. S.
Federal Way, WA 98003
Attn: Chief of Police
Pierce Transit
3701 96t" St. SW
Lakewood, WA 98499
Attn: Chief Of Public Safety
Pierce Transit
3701 96t" St. SW
Lakewood, WA 98499
Attn: General Counsel
Or such other addresses as either party may, from time to time, designate in writing.
18. SIGNATURES.
The parties agree that all signatures, whether original, copy or faxed on this
agreement will be considered originals.
19. SEVERABILITY.
PT -Federal Way PD ILA
Page 7 of 8
If any of the provisions contained in this Agreement are held illegal,
invalid or unenforceable, the remaining provisions shall remain in full force and
effect.
20. CONFLICTS.
In the event of a conflict between any other agreements between the parties, this
Agreement shall govern.
21. ENTIRE AGREEMENT.
No modification or amendment of this contract shall be effective unless in writing
and signed by authorized representatives of the parties after approval of their respective
governing body. This contract contains the entire agreement between the parties and may not
be enlarged, modified or altered except in writing signed by the parties.
In WITNESS hereof, the parties have executed this Agreement on this date, the day of
October, 2019.
CITY of FEDERAL WAY:.
Andy J. Hwang, Chief of Police / Date
Attest:
Stephanie Courtney, City Clerk / Date
Approved as to legal form only:
J. Ryan Call, City Attorney / Date
PT -Federal Way PD ILA
Page 8 of 8
PIERCE TRANSIT:
Susan Dreier, Chief Executive Officer / Date
Attest:
Deanne Jacobson, Clerk of the Board / Date
Approved as to legal form only:
Dana A. Henderson, General Counsel / Date
COUNCIL MEETING DATE: June 18, 2019 ITEM #: 5e -
CITY
OF FEDERAL WAY
CITY COUNCIL
AGENDA DILL
SUBJECT: 2019 STORM PIPE REPAIR PHASE 1 BID AWARD
POLICY QUESTION: Should City Council award the 2019 Storm Pipe Repair Phase 1 project to the lowest
responsive, responsible bidder?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: June 3, 2019
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Kent Smith P.E. SWM Project Enginccr4 DEPT: Public -Works
Attachments: Land Use and Transportation Committee memorandum dated June 3, 2019.
Bid Tabulation
Options Considered:
1. Award the 2019 Storm Pipe Repair Phase 1 project to Nordvind Sewer Service, LLC, the lowest
responsive, responsible bidder, in the amount of $80,200.00 and approve a 10% contingency of
$8,020.00 for a total of $88,220.00, and authorize the Mayor to execute the contract.
2. Reject all bids for the 2019 Storm Pipe Repair Phase 1 project and direct staff to rebid the project
and return to Committee for further action.
MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the June 18, 2019 City Council
Consent Agenda for apprg-va{. I
MAYOR APPROVAL: /I DIRECTOR APPROVAL: V, .5127111
a ittcc Council / Initial/Date
Initial/Date initial/Daic
COMMITTEE RECOMMENDATION: I move to forward Option I to the June 18, 2019 consent agenda for
approval.
Ctafidnittee Chair
onimittee Member
~ "" Cr
Committee Member
PROPOSED COUNCIL MOTION: "I move to authorize staff to award the 2019 Storm Pipe Repair Phase I
project to Nordvind Sewer Service, LLC, the lowest responsive, responsible bidder, in the amount of
$80,200.00 and approve a 10% contingency of $8,020.00 for a total of $88,220.00, and authorize the Mayor to
execute the contract. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
First reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 4/2019
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: June 3, 2019
TO: Land Use & Transportation Committee
VIA: Jim Ferrell, Mayor
EJ Walsh, P.E., Director of Public Works .•�
FROM: Kent Smith, P.E., Surface Water Manageme Project Engineer ,&f
SUBJECT: 2019 Storm Pipe Repair Phase 1 Bid Award
FINANCIAL IMPACTS:
This project was authorized under the 2017 Surface Water Management (SWM) CEP budget update (304,
Project 28 8) with an estimated budget of $100,000. SWM staff has requested additional funding for this
project as the cost of the cost of pipe rehabilitation is higher than originally estimated. Under the 2019
budget adjustment, SWM has requested a transfer of $79,000 from the remaining balance of the recently
completed Lakota Wetland Berm Repair project (304, Project 283) to this project.
In accordance with the approved budget this project is funded by SWM Utility Tax. Upon completion of
this project, ongoing costs associated with operations and maintenance will be performed and funded
through surface water management maintenance. Funding requirements for operations and maintenance
of infrastructure is reviewed and adjusted as required during the budget process.
BACKGROUND:
Five bids were received and opened on May 14, 2019 for the 2019 Storm Pipe Repair Phase 1 project;
please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Nordvind
Sewer Service LLC, with a total bid of $80,200.00.
AVAILABLE FUNDING:
SWM CIP Funds $100,000.00
SWM Fund 304 Transfer $79,000.00
(Unallocated)
Total Available Funding $179,000.00
PROJECT ESTIMATED EXPENDITURES:
The following is a breakdown of the estimated total project costs based on the low bid:
2019 Storm Pipe Repair Phase 1 Construction $80,200.00
10% Construction Contingency $8,020.00
2019 Storm Pipe Repair Phase 2 Estimate $85,500.00
Total Project Costs $173,720.00
Staff recommends awarding the 2019 Storm Pipe Repair Phase 1 project to Nordvind Sewer Service, LLC, the
lowest responsive, responsible bidder, in the amount of $80,200.00 and approve a 10% contingency of
$8,020.00 for a total of $88,220.00 and authorize the Mayor to execute the contract.
BID#1
BID#2
BID#3
BID#4
BID#5
ITEM #
ITEM DESCRIPTION
UNIT
QTY.
NordVind Sewer Service
LLC
Northwest Cascade Inc.
Road Construction NW Inc.
Freeman Bell Const. and
Dev.
King Construction Co. Inc.
Unit Price Cost
Unit Price Cost
Unit Price Cost
Unit Price Cost
Unit Price .Cost
1
Mobilization
LS
1
S
10,000.00 S
10,000,00
$ 43,000.00 $
43,000.00
$ 16,000.00 $
16,000.00
$ 32,000,00 $
32,000.00
$ 10,000.00 $
10.000.00
2
Storm Sewer Pipe Repair/Replacement Site #1
LF
29
S
400.00 $
11,600.00
$ 550.00 $
15,950.00
$
35,000.00
$ 470.00 $
13,630.00
$ 577.00 $
16,733.00
3
Storm Sewer Pipe Repair/Replacement Site #2
LF
41
$
400.00 $
16,400.00
S 580.00 $
23,780.00
$
.51,000,00
$ 1,400.00 $
57,400.00
$ 1,108.00 $
45,428.00
4
Storm Sewer Pipe Repair/Replacement Site #3
LF
93
S
400.00 $
37,200,00
$ 405.00 $
37,665.00
$
62,000.00
$ 310.00 $
28,830.00
S 362.00 $
33.666.00
5
Minor Change
CALL.
1
$
5,000.00 $
5,000.00
S 5,000.00 $
5,000.00
$ 5,000.00 $
5,000.00
S 5,000.00 $
5.000.00
$ 5,000.00 $
5,000.00
Total
S
80,200.00
$
125,395.00
$
169.000.00
S
136.860.00
$ 110,827.00
Bid Form
yes
yes
yes
yes
yes
AddendumsAcknowledged
Not Needed
Not Needed
Not Needed
Not Needed
Not Needed
Bid Schedule
yes
yes
yes
yes
yes
Bid Signature Page
yes
yes
yes
yes
yes
Bid Bond Form
yes
Yes
yes
Yes
yes
Subcontractor List
yes
yes
yes
yes
yes
Combined Affidavit and Certification
yes
yes
yes
yes
yes
Contractor's Compliance Statement
yes
yes
yes
yes
yes
Wage Law Compliance
yes
yes
yes
yes
yes
COUNCIL MEETING DATE: June 18, 2019 ITEM #:_ _5f
5f
. ........ .
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: RESOLUTION: AUTHORIZATION TO ACCEPT GRANT FUNDING AND REALLOCATE EXPENDITURES
FOR A TRANSPORTATION IMPROVEMENT PROJECT
POLICY QUESTION: Should City Council authorize staff to accept federal grant funding for a transportation
improvement project and authorize reallocation of expenditures to advance said project?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: June 3, 2019
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ® Resolution ❑ Other
STAFF REPORT BY:Desiree Winkler, P.E., Deputy Public Works Director DEPT: Public Works
Attachments: Staff Report
Resolution
Options Considered:
1. Adopt the proposed resolution.
2. Do not adopt the proposed resolution and provide direction to staff.
MAYOR'S RECOMMEND ON: Option 1
MAYOR APPROVAL: IT 17 i DIRECTOR APPROVAL: 'Y
C', mit!cc :uci; Lufiat�ISa[e
/ itiukrtJw Initial i}ai; '
r�
COMMITTEE RECOMMENDATION: I move to forward the proposed resolution to the June 18, 2019 consent
agenda for approval.
Mark Koja a1i T, Committee C'h I.rr Jc'�,Ufohn on. Committee Member E 1 oang Y ran, Comini ee Member
PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 4/2019 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: June 3, 2019
TO: City Council
VIA: Jim Ferrell, Mayor �%
FROM: EJ Walsh, P -E., Public Works Director y1
Desiree Winkler, P.E., Deputy Public Works Director
SUBJECT: Authorization to Accept Grant Funding for Transportation Improvement Projects
BACKGROUND:
This memorandum provides the Council with the updated status of the grant applications submitted in
2018 under the Puget Sound Regional Council (PSRC) Surface Transportation Program (STP) and
Congestion Management Air Quality (CMAQ) Program Funding.
Due to delay in other projects in the region, and additional federal funding provided to the region, PSRC
is required to award additional grant funding in order to meet 2019 grant obligation targets. The City of
Federal Way's "Adaptive Control System Phase 3" construction funds are anticipated to be awarded from
the PSRC's adopted contingency list.
Project (Funding Phase)
Estimated
I
Grant Fund
I
Required City
I
Year of
I
Grant
Project Cost
Amount
Match
Expenditure
Adaptive Traffic Control System Phase 3
(Construction)
PSRC — Countywide Large City
$600,000
$510,000
$90,000*
2019-2020
Program (Federal Funds)
* The required match for this project is funded from the 2019 Capital Transportation Funding (BEET).
FINANCIAL IMPACTS:
The financial impact of this grant funding is described below.
Adaptive Traffic Control System — Phase 3 - Construction
This project is proposed to be added to the 2019 budget along with the previously approved design funds
for a total of $800,000. As proposed, it will be funded by grants for $580,000 and the city match is in the
approved 2019/2020 Capital Transportation Budget in the amount of $120,000. The city matching funds
are from Real Estate Excise Tax (REET).
This project's expenditures are identified in the Street Capital Fund 306 for FY2021/2022. The overall
Fund 306 has the capacity and cash flow to advance this project given some projects identified to be fully
expended in FY2019 are delayed until FY2020. In order to advance this project, City Council must
authorize expenditures on this project to begin in FY2019. The budgeted, currently approved, and
proposed expenditure plans for the impacted projects are listed in Tables 1 through 3 below.
June 3, 2019
Land Use and Transportation Committee
Grant Funding for Transportation Improvement Projects
Page 2
Table 1: 2019/2020 Bud eted Ex enditures
Project
2019
2020
2021-1-2022
2022
Project 216: Adaptive Phase 3
$0
$0
$113,000
$687,000
Project 213: Variable Lane Use
Control Signs
$752,000
$0
$0
$0
Project 165: Pacific Hwy Phase 5
$2,843,000
$0
$0
$0
TOTAL ($4,395,000)
1 $3,595,000
$0
$113,000
$687,000
Table 2: Current Approved Expenditures-1-1--
Project
kpendiruresx$'
Project
2019
2020
2021
2022
Project 216: Adaptive Phase 3
$200,000
$0
$0
$600,000
Project 213: Variable Lane Use
Control Signs
$150,000
$602,000
$0
$0
Project 165: Pacific Hwy Phase 5
$1,800,000
$1,043,000
$0
$0
TOTAL $4,395,000
$2,150,000
$1,645,000
$0
$600,000
**approved May 21, 2019 by City Council.
Table 3: Proposed Updated Expenditures
Project
2019 2020
2021
2022
Project 216: Adaptive Phase 3
$800,000 $0
$0
$0
Project 213: Variable Lane Use
Control Signs
$150,000 $602,000
$0
$0
Project 165: Pacific Hwy Phase 5
$1,800,000 $1,043,000
$0
$0
TOTAL ($4,395,000)
$2,750,000 $1,645,000
$0
$0
Upon completion of these projects, ongoing costs associated with operations and maintenance will be
performed and funded through streets and surface water management maintenance. Funding requirements
for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget
process.
RESOLUTION NO.
A RESOLUTION of the City of Federal Way, Washington, authorizing
execution of a Local Agency Agreement with the Washington State
Department of Transportation regarding improvements to Adaptive
Control System Phase 3 in the City of Federal Way, Washington.
WHEREAS, the City of Federal Way applied for federal funds from the Puget Sound
Regional Council for the purpose of the construction of Adaptive Control System Phase 3 within the
City; and
WHEREAS, Puget Sound Regional Council agreed to grant the City of Federal Way federal
funds in the total amount of Five Hundred Ten Thousand and no/100 Dollars ($510,000.00) for the
construction of the Adaptive Control System Phase 3 Project provided that the City Council
authorizes the Mayor to enter into the required Local Agency Agreement; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Receipt of Federal Funds. The Mayor or his designee is hereby authorized to
accept the federal funds in the amount of Five Hundred Ten Thousand and no/100 Dollars
($510,000.00) for the construction of the Adaptive Control System Phase 3 Project.
Section 2. Execution of the Local Agency AtUeements. The Mayor or his designee is hereby
authorized to execute the Local Agency Agreement regarding Adaptive Control System Phase 3 in
the City of Federal Way, Washington and any other required documents.
Resolution No. 19- Page 1 of 3
Secl'oin . wl i.l_�.I .i_r3�� Ft.m �. Pursuant to the terms of the Local Agency Agreement, the City
commits matching funds of up to Ninety Thousand and no/100 Dollars ($90,000.00) for the
construction of the Adaptive Control System Phase 3 Project.
Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this resolution.
Section 5. Corrections. The City Clerk is authorized to make necessary corrections to this
resolution including, but not limited to, the correction of scrivener/clerical errors, references,
resolution numbering, section/subsection numbers and any references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective date of
this resolution is hereby ratified and affirmed.
Section 7. Effective Date. This resolution shall be effective immediately upon passage by the
Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of , 20
[signature page follows]
Resolution No. 19- Page 2 of 3
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
ATTEST:
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.:
Resolution No. 19- Page 3 of 3
COUNCIL MEETING DATE: June 18, 2019 ITEM #: 6a
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: RESOLUTION: ADOPTION OF THE 2020-25 TRANSPORTATION IMPROVEMENT PLAN
AND ARTERIAL STREET IMPROVEMENT PLAN
POLICY QUESTION: Should City Council approve the proposed 2020-25 Transportation Improvement Plan?
COMMITTEE: NA MEETING DATE: NA
CATEGORY:
❑ Consent ❑ Ordinance ® Public Hearing
❑ City Council Business ® Resolution ❑ Other
STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer Ar DEPT: Public Works
Attachments: Staff Report
Proposed Resolution
Options Considered:
1. Adopt the proposed resolution.
2. Do not adopt the proposed resolution and provide direction to staff.
_ --
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL: NA I I DIRECTOR APPROVAL: `✓ �/ y
Committee Cnui i{ Initini.INIC
Initial/Date Initial/Dat,
COMMITTEE RECOMMENDATION: NA
PROPOSED COUNCIL MOTION: "I move approval of the proposed resolution. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED — 4/2019 RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: June 18, 2019
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: hick Perez, P.E., City Traffic Engineer
EJ Walsh, P.E. Public Works Directorq�'
SUBJECT: Adoption of the 2020-25 Transportation Improvement Plan And Arterial
Street Improvement Plan
Financial. Impacts:
The Transportation Improvement Plan helps inform the budget process on needed roadway capital
improvements. The projects listed in the first three years are to be fully funded or have a
reasonable chance of having all funding secured.
Background information:
In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington,
the City of Federal Way adopted its original Transportation Improvement Plan ("TIP") and Arterial
Street Improvement Plan ("ASIP") on July 23, 1991. The City is also required to adopt a revised TIP
and ASIP on an annual basis reflecting the City's current and future street and arterial needs. These
plans identify capital projects that the City intends to construct over the next six years. In order to be
eligible for grant funding, projects are required to be listed in the City's TIP and ASID.
The City is required to hold a minimum of one public hearing on the draft plan, which is proposed for
the June 18, 2019 Council meeting. Once the revised plans have been adopted by Resolution, a copy
of the respective plans must be filed with the Washington State Secretary of Transportation and the
Washington State Transportation Improvement Board.
Attached for your review and comment is the 2020-25 TIP list of projects and a map showing their
locations. The six-year TIP and ASID respond to the Growth Management Act concurrency
requirements as well as other emerging needs. Projects are selected based on criteria adopted in the
City's Comprehensive Plan policy TP2.3, which reads, "Prioritize transportation projects considering
concurrency, safety, multimodal enhancements, environmental impacts, and cost effectiveness." Each
project was ranked using the scoring criteria established for TIP/Capital Improvement Plan ("CIP")
prioritization. Staff also reviewed and analyzed available grant -eligible programs suitable for project
programming.
Completed Projects
•
S352 d Street: SR 99 — SR 161
« S 356th Street: SR 99 — SR 161
• S 312`" Street: 24th Avenue S — Steel Lake Park
Programs Added
• Annual Overlays
• ADA Retrofits
• Pedestrian Safety
Prolmed New Prosects
• SR 99 @ S 373` Street
• 21St Avenue S @ S 320'h Street
• Horizontal Curve Improvements
• SR 509 @ 4' Avenue S
■ Sound Transit Pedestrian Access Improvements
• S 314th Street: Pete Von Reichbauer Way S — 23rd Avenue S
RESOLUTION NO.
A RESOLUTION of the City of Federal Way, Washington, adopting an
extended and revised Transportation Improvement Plan and Arterial
Street Improvement Plan for 2020-25, and directing the same to be filed
with the Washington State Secretary of Transportation and the
Transportation Improvement Board. (Amending Resolution Nos. 91-67,
92-117, 93-155, 94-186, 95-210, 96-236, 97-258, 98-273, 99-299, 00-316,
01-343, 02-365, 03-391, 04-433, 05-451, 06-481, 07-503, 08-732, 09-550,
10-558, 11-609, 12-622, 13-640, 14-666, 15-692, 16-706, 17-721, 18-733,
and 18-738)
WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the Federal
Way City Council adopted an original Transportation Improvement Plan ("TIP") on July 23, 1991
(Resolution No. 91-67); and
WHEREAS, the Federal Way City Council updated the TIP annually thereafter; and
WHEREAS, the Federal Way City Council held a public hearing on the extended and revised
TIP on June 18, 2019, in compliance with the requirements of State laws; and
WHEREAS, the Federal Way City Council has determined current and future City street and
arterial needs, and based upon these findings has prepared a revised and extended TIP and an Arterial
Street Improvement Plan ("ASIP") for the ensuing six calendar years; and
WHEREAS, pursuant to Chapters 35.77 and 47.26 RCW, the City Council is required
annually to revise and adopt an extended TIP and ASIP; and
WHEREAS, the City's SEPA Responsible Official has adopted a Determination of Non -
Significance ("DNS"), Federal Way File 19 -101959 -00 -SE, issued for the City's 2020-25 TIP and
ASIP, which includes the extended and revised projects contained in the TIP adopted herein; and
Resolution No. 19- _ Page I of 5
WHEREAS, adoption of the City's 2020-25 TIP and ASIP DNS reflects the fact that there
will be no significant adverse environmental impacts as a result of adoption or implementation of the
extended and revised TIP and ASIP adopted herein.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
RESOLVES AS FOLLOWS:
Section 1. Plan Adopted. The extended and revised Transportation Improvement Plan and
Arterial Street Improvement Plan for the City of Federal Way, a copy of which attached hereto as
Exhibit A and depicted on Exhibit B and incorporated herein by this reference, which sets forth the
City's transportation project locations, types of improvements, and the estimated costs thereof, is
hereby approved and adopted for the ensuing six (6) calendar years (2020-25 inclusive). Section2.
Filing of Plan. Pursuant to Chapter 35.77 RCW, the City Clerk is hereby authorized and directed to
file a copy of this Resolution, together with Exhibit A and Exhibit B, with the Washington State
Secretary of Transportation and the Washington State Transportation Improvement Board.
Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause, or phrase of this resolution.
Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Resolution No. 19- Page 2 of 5
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of
this resolution is hereby ratified and affirmed.
Section 6. Effective Date. This resolution shall be effective immediately upon passage by the
Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this day of , 20
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:
RESOLUTION NO.:
Resolution No. 19- Page 3 of 5
DRAFT
Exhibit A
CITY OF FEDERAL WAY
TRANSPORTATION IMPROVEMENT PLAN (TIP) AND ARTERIAL
STREET IMPROVEMENT PLAN - 2020 TO 2025
Map
ROADWAY CAPITAL PROJECTS
Year 2019 Costs in $ thousands
ID""
Location
Description
Previous Years
2019
2020
2021
2022
2023
2024
2025
Total
la
City Center Access Phase 1 - Environmental
Update environmental documentation for modified access at S 320th St & S 324th St
2,000
500
1422
3,922
1b
City Center Access Phase 2 - S 320th St @ 1-5 Bride Add HOV lanes on S 320th St, realign ramps in SE quadrant
5,612
2,123
62,187
62,187
132,109
2
SR 99 @ S 373rd St
Install roundabout
500
2,000
2,500
3
SW 320th St @ 47th Ave SW
Install traffic signal
569
569
4
S 312th St @ 28th Ave S
Add SB right -turn lane or construct roundabout
771
771
5
SW 340th St: 37th Ave SW - City Limits
Widen to 5lanes
210
2,700
2,910
6
1 21st Ave S @ S 320th St
Install traffic signal
100
935
1,035
7
S 320th St & 1st Ave South
Add EBL, WBL, WEIR, NBT, SBR; widen to 5 lanes N to 316 or Alternatlive Measure
569
9,891
10.460
8
SR 99 HOV Lanes Phase 5: S 340th St - S 356th St
Add HOV lanes, install raised median; tum lanes at 348th
27,374
1,500
1,000
29,874
9
16th Ave S: S 344th St - S 348th St
Add SB auxiliary lane
400
1,600
4.105
6,105
10
Military Rd S @ S 298th St
Construct compact roundabout
130
703
833
11
Ci ide
Implement Adaptive Traffic Control System Phases I & II
200
1,400
400
2.000
12
Citywide
Install variable lane use control signs
200
800
1,000
13
SW Campus Dr: 1st Ave S - 19th Ave SW
Overlay
200
1,400
1,600
14
16th Ave S: SR 99 - SR 18
Overlay
750
50
800
15
1 Military Rd S @ S Star Lake Rd
Add EB right -turn lane, sidewalk
200
1,000
1,200
16
SR 509 @ SW 301st St
Install compact roundabout
150
700
1
850
17
Citywide
Implement Adaptive Traffic Control System Phase III
200
600
800
18
SR 509 @ 47th Ave SW
Install compact roundabout
150
550
700
19
Citywide
Horizontal curve improvements
92
432
524
20
SW 320th St: 3rd PI SW - 11th Ave SW
Overlay
790
790
21
SW 356th St: 4th PI SW - 15th Ave SW
Overlay
50
50
1,200
1.300
22
SW 3401h St: 31st Ave SW - 37th Ave SW
Widen to 5 lanes
500
1,500
4,000
6,000
23
Citywide,
Annual overlays
1,500
1,500
1,500
1,500
1,500
1,500
1,500
10,500
24
SR 509 @ 4th Ave S
Install compact roundabout
200
800
1,000
Subtotal Roadway Capital Projects
31,433
7,7451
7,554
7,225
11,1521
4,673
67,687
82,683
220,152
Map
NON -MOTORIZED CAPITAL PROJECTS
Year 2019 Costs in $ thousands
ID
Location
Description
Previous Years
2019
2020
2021
2022
2023
2024
2025
Total
25
21st Ave S: S 314th St- S 316th St
Pedestrian Connection
300
3,300
3,600
26
1 at Ave S: S 292nd St - S 312th St
Shoulder improvements
3,770
3,770
27
Citywide
ADA Retrofits
200
200
200
200
200
200
1,200
28
Citywide Pedestrian Safety
Install mid -block crossing treatments or other pedestrian improvements
1,231
320
320
320
320
320
320
3,151
29
SR 509: SW 312th St- 21st Ave SW
Install sidewalk and streetli hts on south side
200
1,300
1,500
30
Federal Way Transit Center
Pedestrian Access Improvements
100
900
1.000
31
S 312th St: Steel Lake Park - 28th Ave S
Install sidewalk and streetlights on south side
100
650
750
32
Citywide
I mplement greenway plan
320
1
1
1
320
33
Pacific Hwy S Trail - 16th Ave S (S 288th St to S 308th St) Construct multi -use path
150
550
650
4,600
5,950
34
SR 509: 9th PI S - 11th PI S
Install sidewalk on south side
100
1,350
1.450
35
S 314th St: PVR Wy S -23rd Ave S
Add sidewalks and street lights
3001
1,600
1,300
3,200
Subtotal Non -Motorized Capital Projects
1 1,631
5,120
1,370
3,6701
5201
6,720
1,920
4,9401
25,891
Map
STREET LIGHTING CAPITAL PROJECTS
Year 2019 Costs in $ thousands
ID
Location
Description
Previous Years
2019
2020
2021
2022
2023
2024
2025
Total
36
Citywide
LED Retrofits
350
3,160
3,510
Subtotal treet Lighting Capital Projects
L
O /
C�- All _
S 304th_ St
so -9 SW 312th St 9912th St
V 320th St _ __ S 320th.S 32
70S 324th St
a y,
ql N ftl
ta
A
99
N
QV
Lab;
(hw' ur
V__ 24!
181
S
City of Federal Way
Exhibit B
2020-2025
Transportation
Improvement Plan
Legend
City Center Access Phase 1
• Intersection Improvements
Non -Motorized Improvement
-� Overlay Improvement
Roadway Improvement
Original Map Date: April 2019
City of Federal Way,
33325 8th Ave S,
Federal Way, WA 98003
(253) 835-7000
0 0.5 1 N
Miles
CITY OF
Federal Way
This map is accompanied by no warranties,
and is simply a graphic representation.
COUNCIL MEETING DATE: June 18, 2019 ITEM #: 7a
- - - ------ -
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Selection Process: 2019 Amendments to the Federal Way Comprehensive Plan (FWCP)
POLICY QUESTION: Should the two citizen -initiated site-specific requests for comprehensive plan amendments
move forward for further review?
COMMITTEE: Land Use/Transportation Committee (LUTC) MEETING DATE: June 3, 2019
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Principal Planner Margaret Clark DEPT.: Community Development
Attachments: May 22, 2019, Staff Report to the LUTC with Exhibits A and B
Options Considered: 1. Concur with the Mayor's recommendation; or 2. Do not concur with the Mayor's
recommendation.
MAYOR'S RECOMMENDATION: That the two citizen -initiated site-specific requests move forward for further
consideration.
MAYOR APPROV��Wffii'tia]/Date
ear/1► DIRECTOR APPROVAL:
ttee L' ncil j Initial ate
Initia]/Date
COMMITTEE RECOMMENDATION: I move to forward the Mayor's recommendation to the June 18, 2019, City
Council meetingfor approval.
A
Mark Ko110. ,Committee Chair. J e Johnson, Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the Mayor's recommendation. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED —12/2017 RESOLUTION #
CITY OF
Federal Way
DATE: May 22, 2019
TO: Mark Koppang, Chair
Land Use/Transportation Committee (LUTC)
FROM: Brian Davis, Community Development Director
Robert Hansen, Planning Manager 1*;t
Margaret H. Clark, Principal Planner rm<—
SUBJECT: Selection Process — 2019 Comprehensive Plan Amendments
MEETING DATE: June 3, 2019
I. POLICY QUESTION
Which of the two citizen -initiated site-specific requests for comprehensive plan amendments
should move forward for further review?
II. BACKGROUND
The Federal Way Revised Code (FWRC) requires the city to accept applications for amendments
to the Federal Way Comprehensive Plan (FWCP) text and map on an annual basis. The city
received two citizen -initiated requests for changes in the comprehensive plan designations and
zoning for the 2019 amendment cycle.
III. REASON FOR COUNCIL ACTION
Pursuant to FWRC 19.80.080, after the September 30'' deadline for accepting applications and
following an LUTC recommendation, the City Council shall consider the requests in a public
meeting and select those docketed amendment requests it wishes to move to the Planning
Commission for further consideration.
IV. PROCEDURAL SUMMARY FOR SELECTION PROCESS
June 3, 2019 LUTC Meeting
June 18, 2019 City Council Public Meeting
Land Use/Transportation Committee (LUTC) Meeting Date: June 3, 2019
Selection Process — Comprehensive Plan Amendments Page 1 of 8
V. BACKGROUND AND STAFF ANALYSIS — SITE-SPECIFIC REQUESTS
A. Site -Specific Request #1— Kitts Corner/Federal Way Village
1. Summary
File Number:
Parcel No's.:
Applicant:
Owner:
Address:
Location:
Size:
Existing Land Use:
Existing
Comprehensive Plan:
Existing Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
2. Reason for the Request
fF:ls[IL�:h��J�
202104-9001, 202104-9004, 202104-9069, and 202104-9072
ESM Consulting Engineers, LLC
Kitts Corner Development, Inc.
33701 Pacific Highway South
West of Pacific Highway South and south of South 336"' Street
(Exhibit A)
20.61 acres
Vacant
Community Business with conditions
Community Business (BC)
Community Business
Community Business (BC)
The applicant states that while financial markets have improved in the Puget Sound
region, the conditions of the June 7, 2005, comprehensive plan and zoning approval
requiring that a Master Plan be approved for the entire site has made it difficult to market
the property because there is little room for flexibility on relocating buildings or changing
their uses without each time going through a comprehensive plan amendment process.
The site, therefore, has remained vacant and wooded, and has become a health and safety
hazard with many people trespassing, littering, and living in homeless encampments on
the property.
3. Staff Comments
The comprehensive plan designation and zoning of the subject property was changed
from Business Park to Community Business with specific conditions of approval in June
2005. A Master Plan was subsequently approved for a 326,450 square foot mixed-use
development consisting of 78,850 square feet of retail, 59,500 square feet of office,
17,600 square feet of restaurant, and 70,500 square feet of residential (55 units) on the
eastern portion of the site and a 94 zero -lot line townhouse development on the western
portion of the site. Since that time, the western portion of the site has developed as a 216 -
unit apartment complex, Kitts Corner. However, the eastern portion of site has failed to
develop.
Land Use/Transportation Committee (LUTC) Meeting Date: June 3, 2019
Selection Process — Comprehensive Plan Amendments Page 2 of 8
4. Surrounding Zoning & Land Use (Exhibit A)
B. Site -Specific Request #2 — Belmor
1. Summary
File Number:
Zoning
Land Use
North
Community Business (BC)
Bank, Retail, and Office
South
Commercial Enterprise (CE)
Insurance Company
East
Community Business (BC)
Office Building, Credit Union,
Vacant Land, and Retail
West
Multi -Family (RM2400, one unit per
2,400 sq. ft.)
Apartments
B. Site -Specific Request #2 — Belmor
1. Summary
File Number:
18 -104619 -UP
Parcel No.:
162104-9037
Applicant:
The Hynes Group
Owner:
Belmor Mobile Home Park LP
Address:
2101 South 324`h Street
Location: South of South 324th Street and west of Interstate 5 (I-5)
Size:
Existing Land Use:
Existing
Comprehensive Plan:
Existing Zoning:
Requested
Comprehensive Plan:
Requested Zoning:
2. Reason for the Request
(Exhibit B)
62.74 acres
Mobile Home Park
Multi -family
Multi -family (RM 3600, one unit per 3,600 sq. ft.)
City Center- Core
City Center - Core (CC -C)
The applicant states that the Belmor parcel is ideally situated for a City Center -Core
designation for several reasons, including:
■ It is immediately south of the existing CC—C land use designation with Interstate 5
located along its entire eastern boundary.
• The planned extension of South 324th Street will be located along the north boundary
of Belmor as it is extended to the east over I-5, with an on-ramp to southbound I-5.
• Light rail transit is proposed to be extended from the planned station north of South
320"' Street and west of 23`t Avenue South, southeast to Tacoma by 2030. While the
specific route of this light rail extension is still being studied, it will be extended past
the Belmor parcel whether it follows I-5 or SR 99.
Land Use/Transportation Committee (LUTC) Meeting Date: June 3, 2019
Selection Process — Comprehensive Plan Amendments Page 3 of 8
3. Staff Comments
Belmor Mobile Home Court was built in 1966, 24 years prior to the incorporation of the
City of Federal Way. It is a retirement community for individuals aged 55 years and
older. There are 336 pads and as of April 1, 2019, there were 268 homes. There is also a
club house and a par three, nine -hole golf course. In September 2013, the Hynes Group
came to an agreement with the residents of Belmor, that were they ever to sell the park,
they would give the residents a three-year notice and pay them three years of back rent,
which could range from $25,000 to $30,000.
4. Surrounding Zoning & Land Use (Exhibit B)
VI. SELECTION CRITERIA
FWRC 19.80.080 contains criteria for selecting amendments for further consideration.
A. Criterion #1— Whether the same area or issue was studied during the last amendment process
and conditions in the immediate vicinity have significantly changed so as to make the
requested change within the public interest.
Response to Criterion #1 —
Request
Zoning
Land Use
North
City Center -Core (CC -C)
The Commons Mall
South
Multi -family (RM 3600, one unit per
3,600 sq. ft.)
Single Family Homes
East
None
I-5
West
Community Business
Lakehaven Water District Tower,
Vacant Land, and Apartments
VI. SELECTION CRITERIA
FWRC 19.80.080 contains criteria for selecting amendments for further consideration.
A. Criterion #1— Whether the same area or issue was studied during the last amendment process
and conditions in the immediate vicinity have significantly changed so as to make the
requested change within the public interest.
Response to Criterion #1 —
Request
Response
Site Specific Request # 1 — Kitts
This request was not studied during the last amendment cycle. The
Comer/Federal Way Village
comprehensive plan designation and zoning for Community
Business with conditions of approval were approved in June 2005,
with further amendments approved in March 2007 to modify the
size and modulation of buildings; July 2008 to allow for phased
construction of the required public right-of-way within the Federal
Way Village site; and March 2009 to shift the dividing line
between the RM 2400 zoned parcels and the BC zoned parcels to
add 1.53 acres to the BC zoned parcels.
Site Specific Request # 2 —
This request was not studied during the last amendment cycle. As
Belmor
mentioned earlier, this has been a mobile home park since 1966,
and was give its present multi-family/RM 3600 designation when
the City incorporated on February 28, 1990.
Land Use/Transportation Committee (LUTC) Meeting Date: June 3, 2019
Selection Process — Comprehensive Plan Amendments Page 4 of 8
B. Criterion #2 — The proposed amendment is consistent with the overall vision of the
comprehensive plan (FWCP).
Response to Criterion #2 — The comprehensive plan must be consistent with the GMA. The
goals of the GMA include encouraging development in urban areas where adequate public
facilities and services exist, or can be provided in an efficient manner (Goal #1); reducing the
inappropriate conversion of undeveloped land into sprawling, low-density development (Goal
#2); and encouraging the availability of affordable housing to all economic segments of the
population of the state, promoting a variety of residential densities and housing types, and
encouraging preservation of existing housing stock (Goal #3).
Request
Response
Site Specific Request # I — Kitts
The comprehensive plan states that "The Community Business
Comer/Federal Way Village
designation encompasses two major retail/commercial areas along
the SR -99 corridor, including the segment peneraIPy bet %eeen. South
272" Street and South 312`h Street, and the segment EYei ecn South
324'n Street and approximately South 339"' Street." [ liese parcels
are located bemcen South 336`t' Street and South 330 Street.
Removing the conditions of approval to allow for straight BC
zoning would be consistent with the following policy because it
would facilitate development of the parcels in response to market
conditions.
Policy LUP 39
Encourage transformation of the Pacific Highway (SR -99)
Community Business corridors into quality retail/commercial
mixed use areas, designed to integrate auto, pedestrian, and transit
circulation, and to improve traffic flow and safety, including access
control and off-street interconnectivity between adjoining
properties where feasible (page I1-15 of the comprehensive plan.)
Site Specific Request # 2 —
The overall vision of the comprehensive plan is to provide an
Belmor
appropriate balance of services, employment, and housing. The
applicant states that their plans for Belmor include the development
of as much as 15 million square feet of commercial, residential,
and institutional uses, including approximately 20,000 residential
units in a variety of configurations with building heights that
support higher density housing, which is consistent with the City's
comprehensive plan to place housing near jobs, services, retail
commercial uses, and high capacity transit (page II -15 of the
comprehensive plan.)
C. Criterion #3 — Whether the proposed amendment meets the existing state and local laws,
including the GMA.
Response to Criterion #3 — None of the requested amendments would be in conflict with local
or state laws if subsequent development of the parcels are in compliance with local and state
Land Use/Transportation Committee (LUTC) Meeting Date: June 3, 2019
Selection Process — Comprehensive Plan Amendments Page 5 of 8
regulations, including the FWRC, 2016 King County Surface Water Design Manual
(KCSWDM) as amended, and State Environmental Policy Act (SEPA).
D. Criterion #4 — In the case of text amendments, or other amendments to goals or policies,
whether the request benefits the city as a whole versus a selected group.
Response to Criterion #4 — This criterion is not applicable to these requests as they are site-
specific requests and not a request for a text amendment.
If the request meets the criteria set forth in subsections above, it shall be further evaluated
according to the following criteria:
E. Criterion #1 — Whether the proposed amendment can be incorporated into planned or active
projects.
Response to Criterion #1— If the City Council determines that these requests should be
analyzed further, they can be incorporated into the 2019 Planning Commission Work Program.
F. Criterion #2 — Amount of analysis necessary to reach a recommendation on the request. If a
large-scale study is required, a request may have to be delayed until the following year due to
workload, staffing levels, etc.
Response to Criterion #2 —The Kitts Comer/Federal Way Village request does not require a
large-scale study. The Belmor request will require a larger scale study, including
environmental and traffic analyses. The City understands that the applicant has hired
consultants to initiate the studies.
G. Criterion #3 — Volume of requests received. A large volume of requests may necessitate that
some requests be reviewed in a subsequent year.
Response to Criterion #3 —Both requests will be able to be accommodated in this year's
update process. If any of the requests appear to be taking longer than anticipated, it will be
rolled over to next year's work program.
H. Criterion #4 — Order of requests received.
Response to Criterion #4 — The requests were received in the following order:
Kitts Corner/Federal Way Village
Belmor
VII. PUBLIC COMMENTS
Notice was published in the Federal Way Mirror on May 24, 2019, and posted on the official City
notice boards. Notice was also sent to the owners, applicants, and property owners within 300 feet
of the boundaries of the subject properties. No public comments have been received as of the
writing of the report.
Land Use/Transportation Committee (LUTC) Meeting Date: June 3, 2019
Selection Process — Comprehensive Plan Amendments Page 6 of 8
VIII. COUNCIL ACTION
Pursuant to FWRC 19.80.080(4), based on its review of requests according to the criteria in
Section VI of this staff report, the City Council shall determine which requests shall be further
considered for adoption and shall forward those requests to the Planning Commission for its
review and recommendation to the City Council. The council's decision whether to consider a
proposed amendment shall not constitute a decision or recommendation that the proposed
amendment should be adopted, nor does it preclude later council action to add or delete an
amendment for consideration.
IX. MAYOR'S RECOMMENDATION
A. Site -Specific Request #1, Kitts Corner/Federal Way Village — Request from ESM Consulting
Engineers, LLC for a comprehensive plan amendment and rezone of parcels numbers 202104-
9001, 202104-9004, 202104-9069, and 202104-9072 (20.61 acres total) located west of Pacific
Highway South and south of South 336' Street, from Community Business with conditions
(BC) to Community Business (BC).
Mayor's Recommendation — The Mayor recommends that the request move forward for
further review.
B. Site -Specific Request #2, Belmor — Request from the Hynes Group for a comprehensive plan
amendment and rezone of parcel number 162104-9037 (62.74 acres), located south of South
324`h Street and west of Interstate 5, from Multi -Family (RM 3600, one unit per 3,600 square
feet) to City Center -Core (CC -C).
Mayor's Recommendation — The Mayor recommends that the request move forward for
further review.
X. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION
The LUTC forwards the recommendation to the full Council as follows:
Site -Specific Request #1 — Kitts Corner/Federal Way Village
a) That the request goes forward for further consideration.
b) That the request not go forward for further consideration.
APPROVAL OF COMMITTEE REPORT:
Committee Chair Committee Member Committee Member
Land Use/Transportation Committee (LUTC) Meeting Date: June 3, 2019
Selection Process — Comprehensive Plan Amendments Page 7 of 8
Site -Specific Request #2 — Belmor
a) That the request goes forward for further consideration.
b) That the request not go forward for further consideration.
APPROVAL OF COMMITTEE REPORT:
Committee Chair Committee Member Committee Member
XI. LIST OF EXHIBITS
Exhibit A Vicinity Map of Site -Specific Request #1 — Kitts Comer/Federal Way Village
Exhibit B Vicinity Map of Site -Specific Request #2 — Belmor
K:\Comprehensive Plan\2019 Comprehensive Plan\Selection\LUTC Staff Report.doc
Land Use/Transportation Committee (LUTC) Meeting Date: June 3, 2019
Selection Process — Comprehensive Plan Amendments Page 8 of 8
0
1 J
CL 0.
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S 336TH ST
RIM240
RM2400*
S 336TH ST
EXHIBIT
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'a o 250 500
C Em Feet
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C E 0::!t Federal Wa
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and is simply a graphic representation,
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City of Federal Way
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Site Specific Requests
_
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Site Specific Request #1
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Proposed Comprehensive Plan &
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City of Federal Way
2019
Site Specific Requests
for Comprehensive Plan and
Zoning Designation Changes
Belmor
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EXHIBIT
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0 250 500
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CITY
Federal Way
This map is accompanied by no warranties,
and is simply a graphic representation,
COUNCIL MEETING DATE: June 18, 2019
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
ITEM #: 7b
SUBJECT: DIVERSITY COMMISSION APPOINTMENT
POLICY QUESTION: Should the City Council appoint members to the Diversity Commission?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
❑ Consent ❑ Ordinance ❑ Public Hearing
® City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Stephanie Courtney, City Clerk® DEPT: Mayor's Office
Background: The Diversity Commission is comprised of nine (9) voting members and one (1) alternate who are
appointed by the City Council to serve three-year terms (per FWRC 2.65.030).
There are currently four (4) vacant voting positions and one (1) vacant voting term due to tern expirations. Three
(3) applications were received in response to the City Clerk's recruitment process.
At their June 18, 2019 Special Meeting the Council interviewed the applicants seeking appointment to the
Diversity Commission (Chris DuCote, Trenise Rogers, and Nichelle Curtis -McQueen).
Options Considered:
1. Appoint the following applicants to the Diversity Commission with terms as follows:
].
Voting Member
Expires 05/31/2022
2.
First reading
Voting Member
Expires 05/31/2022
3.
ORDINANCE #
Voting Member
Expires 05/31/2022
2. Direct the City Clerk to advertise for additional applicants for the Diversity Commission.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A13 ! CITY CLERK APPROVAL: 4�
CommitteeX1.
Council 111"Daze
Initial/Date itial/Date
COMMITTEE RECOMMENDATION: N/A
PROPOSED COUNCIL MOTION: "I move the following appointments to the Diversity Commission... "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL#
❑ DENIED
First reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED — 12/2016
RESOLUTION #
COUNCIL MEETING DATE: June 18, 2019
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ETHICS BOARD APPOINTMENT
POLICY QUESTION: Should the City Council appoint a member to the Ethics Board?
COMMITTEE: N/A
CATEGORY:
❑ Consent ❑ Ordinance
® City Council Business ❑ Resolution
STAFF REPORT BY: Stephanie Courtney, , Ci Clerk
..-. _ _.... .....,._._..______
ITEM #: 7c
MEETING DATE: N/A
❑ Public Hearing
❑ Other
DEPT: Mayor's Office
Background: The Ethics Board is comprised of three (3) voting members and one (1) alternate who are
appointed by the City Council and serve three-year terms (per Resolution #13-648). There are currently two (2)
vacant voting positions due to term expiration and one (1) application was received.
At their June 18, 2019 Special Meeting the City Council interviewed the applicant seeking appointment to the
Ethics Board (Kathryn Hancock).
Options Considered:
1. Appoint Katheryn Hancock as a voting member of the Ethics Board for a term to expire June 30, 2022.
2. Direct the City Clerk to advertise for additional applicants.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: N/A �InimallDa! CommitteeInitial/Date
CITY CLERK APPROVAL: Mu tolesM
COMMITTEE RECOMMENDATION: N/A
PROPOSED COUNCIL MOTION: "I move to appoint Kathryn Hancock as a voting member of the Ethics Board
for a term to expire June 30, 2022. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
IST reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED— 12/2016
RESOLUTION #
COUNCIL MEETING DATE: June 18, 2019 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: Relating to the 2019 Periodic Update of the Shoreline Master Program (Non -Project
Action)
POLICY QUESTION: Should the City Council approve the proposed 2019 Periodic Update of the Shoreline Master
Program Ordinance?
COMMITTEE: Land Use/Transportation Committee (LUTC) MEETING DATE: June 3, 2019
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Principal Planner, Margaret Clark
Attachments: 1. Proposed Ordinance; 2. Staff Report.
DEPT: Community Development
Options Considered: 1. Adopt the proposed ordinance; 2. Do not adopt the proposed ordinance and provide
directions to staff, or 3. Refer the amendments back to the Planning Commission for further proceedings.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL: S e `% DIRECTOR APPROVAL:
.ominitfe auneii initial. dale
Initial/Date v Initial/Date
COMMITTEE RECOMMENDATION: I move to
Mark KO' DD", Committee Chir J
PROPOSED COUNCIL MOTION(S):
7/ the proposed ordinance to First Reading on June 18, 2019.
on, Committee Member Hoang 'Tran, Committee Member
FIRST READING OF ORDINANCE (June 18, 2019): `1 move to forward approval of the ordinance to the July 2,
2019, Council Meetingfor enactment."
SECOND READING OF ORDINANCE (July 2, 2019): "I move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED
COUNCIL BILL #
❑ DENIED
First reading
❑ TABLED/DEFERRED/NO ACTION
Enactment reading
❑ MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED - 12/2017
RESOLUTION #
4ik
CITY OF
Federal Way
CITY OF FEDERAL WAY
MEMORANDUM
DATE: May 23, 2019
TO: Federal Way City Council
VIA: Jim Ferrell, Mayor
FROM: Brian Davis, Community Development Director 46;4"'
Robert "Doc" Hansen, Planning Manager P -W
Margaret Clark, AICP, Principal Planner VvA<-
SUBJECT: 2019 Periodic Update of the Shoreline Master Program (Non -Project Action)
Files: 17 -105423 -UP & 19 -101677 -SE
MEETING DATE: June 3, 2019
I. FINANCIAL IMPACT
The approval of the proposed Update of the Shoreline Master Program will not cost the City any
additional funds, and will require no transfer of general funds for the action.
II. BACKGROUND
The City of Federal Way is undertaking a periodic review of its Shoreline Master Program (SMP), as
required by the Washington State Shoreline Management Act (SMA). The city adopted its current
SMP in 2011. The focus of this periodic review is on consistency with changes to state law made
since its adoption in 2011. The review will also address consistency with the city's comprehensive
plan and development regulations. The goal is to adopt the updated SMP by June 30, 2019.
After review of the SMP and shoreline regulations, it was determined that no amendments were
necessary to be made to the comprehensive plan to meet state requirements. However, it was
determined that several amendments were needed to the Federal Way Revised Code (FWRC)
Title 15 and Title 19 to meet state law and the intent of the SMA.
City Council Staff Report 2019 SMP Update Page 1 of 12
III. REASON FOR CITY COUNCIL ACTION
FWRC Chapter 19.80, "Council Rezones," establishes a process and criteria for code
amendments. Consistent with Process VI review, the role of the City Council is as follows:
1. To review and evaluate the proposed code amendments;
2. To determine whether the proposed code amendments meet the criteria in FWRC
19.80.130.
IV. PROCEDURAL SUMMARY
Steps
Date
Open House
January 30, 2019
Planning Commission Study Session
April 3, 2019
Issuance of Determination of Nonsignificance (DNS) pursuant to the State
Environmental Policy Act (SEPA)
April 12, 2019
Planning Commission Study Session
Public Hearing before the Planning Commission
April 17, 2019
May 1, 2019
LUTC Meeting
June 3, 2019
City Council 1st Reading
June 18, 2019
City Council 2nd Reading
July 2, 2019
City Council Staff Report 2019 SMP Update Page 2 of 12
V. PUBLIC COMMENTS RECEIVED
The following public comments were received:
Date
Name
Comment
Staff Responses/Comments
Recommendation
1/25/19
Futurewise
Strongly supports the Update; recent scientific
Noted.
No change.
data shows that Puget Sound continues to be
under stress.
1/25/19
Futurewise
There is evidence that shoreline master programs
Re-evaluation of the no net loss assessment
No change.
are not achieving "No net loss."
originally conducted as part of the previous
comprehensive SMP update is not part of this
Periodic Update.
1/25/19
Futurewise
Recent scientific studies indicate that reduced
Noted.
No change.
Chinook salmon runs undermine the potential for
the southern resident orca population to
successfully reproduce and recover. The Puget
Sound Chinook runs are below their recovery
goal and getting worse.
1/25/19
Futurewise
They recommend. that Federal Way evaluate its
Re-evaluation of the no net loss assessment
No change.
SMP to ensure that it is achieving no net loss of
originally conducted as part of the previous
ecological functions including protecting
comprehensive SMP update is not part of this
shorelines and water quality. The Washington
Periodic Update.
State Department of Ecology has recently
published a method of evaluating the adequacy
of wetland buffers and local government buffer
requirements. This method could be adapted to
evaluate marine and riparian buffers required by
the Federal Way Shoreline Master Program, in
addition to its wetland buffers.
1/31/19
Larry Flesher,
Does the watershed boundary, see attached
For Hylebos Creek, there was limited USGS
No change.
Citizen
picture from King County Gov., also extend the
stream gage data from what I could find, but the
200 foot buffer boundary around bodies of water
average measurement over the course of 2015
shorelines?
was 9.77 cubic feet per second. The threshold to
City Council Staff Report 2019 SMP Update Page 3 of 12
Date
Name
Comment
Staff Responses/Comments
Recommendation
Additionally, who monitors watersheds and
be in shoreline jurisdiction is 20 cubic feet per
potential misuses or change impacts?
second. Unfortunately, further technical review
of mean annual flow for potential new streams in
shoreline jurisdiction is outside the scope of this
SMP Periodic Update.
2/27/19
Larry Flesher,
I did not see, or recognize anywhere in the report
SMP jurisdiction extends 200 feet from the
No change.
Citizen
that talked about the rational to drop the
Ordinary High Water Mark of "Shorelines of the
shoreline buffer from 200 feet to the new 175
State" (Lakes over 20 acres and the marine
foot width. Can you provide me that analysis?
shoreline in Federal Way) and includes
associated wetlands as part of jurisdiction. There
is no watershed boundary per se that strictly
includes SMP jurisdiction unless it is captured by
the SMP jurisdiction definition.
The potential buffer reduction under City
consideration is in wetland buffers for lower
functioning wetlands, based upon Ecology recent
guidance. This reduction is not related to
Shoreline Master Program shoreline buffers or
shoreline jurisdiction. The link to the Ecology
reduced buffer guidance can be found here:
https://fortress.wa.gov/ecy/publications/parts/1 60
6001partl .pdf
In Summary, no reduction in shoreline buffers or
change in shoreline jurisdiction is proposed as
part of this update. No shoreline buffer is
proposed to be reduced from 200 feet to 175 feet.
Shoreline jurisdiction is typically 200 feet
landward of the Ordinary High Water Mark of
Shorelines of the State (Puget Sound, North
Lake, Steel Lake, and NW portion of Lake
Killarney in City limits), although associated
wetlands may make this area larger. Therefore,
shoreline jurisdiction will not decrease as part of
this proposal.
City Council Staff Report 2019 SMP Update Page 4 of 12
Date
Name
Comment
Staff Responses/Comments
Recommendation
4/03/19
Larry Flesher,
He is concerned with watersheds and how the
Manager Hansen referred him to Surface Water
No change.
Citizen
proposed regulations might affect them. It is his
Manager Theresa Thurlow to ask about grants.
understanding that the government awards grants
for research on watersheds and the impacts on
them. Does the city have any such grants?
4/03/19
Peter Townsend,
He asked if recent federal regulation changes
Manager Hansen replied that nothing has
No change.
Citizen
have affected the city.
affected the city; most of the proposed
regulations have come from the state.
4/03/19
Peter Townsend,
He asked if there is anything from the city's
Manager Hansen replied that he is reviewing a
No change.
Citizen
perspective and/or staff experience in the
number of items in light of our perspective and
proposal.
experience. Staff is also considering comments
from the public.
4/14/19
Hugo Flores,
The Department of Natural Resources would like
Existing bulkheads on many shoreline properties
No change.
Department of
more information about under what conditions
are taller than the bulkhead height maximum of
Natural
we would allow bulkheads to be higher than one
one foot above mean higher high water mark.
Resources
foot. Is it because of rising sea levels due to
Changing bulkhead maximum height from one
climate change?
foot above mean higher high water mark to the
minimum necessary for protection of upland
structures will help avoid unnecessary variances.
Minimum necessary requirements can be
supported by recorded tidal events and
geotechnical documentation.
5/7/19
Larry Flesher,
I think there is a major issue...
Updating the City's Inventory and
No change.
Citizen
Per the SMP Inventory and Characterization
Characterization Report is not within the scope
Report Alex sent:
of this Periodic Update, per ecology guidance.
For reference, WAC 173-26-090 provides a
1.1 Background and Purpose
scope of the periodic update.
The purpose of this study is to conduct a
baseline inventory and characterization of
conditions relevant to the shoreline resources of
the City of Federal Way (City), Washington.
According to Substitute Senate Bill (SSB) 6012,
passed by the 2003 Washington State
Legislature, cities and counties are required to
amend their local shoreline master programs
(SMPs) consistent with the Shoreline
City Council Staff Report 2019 SMP Update Page 5 of 12
Date
Name
Comment
Staff Responses/Comments
Recommendation
Management Act (SMA), Revised Code of
Washington (RCW) 90.58 and its implementing
guidelines, Washington Administrative Code
(WAC) 173-26. The City is updating its SMP
with the assistance of a grant from the
Washington Department of Ecology (Ecology)
(Grant Agreement No. G0600119). A first step
in the comprehensive update process is
development of a shoreline inventory and
characterization. The inventory and
characterization documents current shoreline
conditions and provides a basis for updating the
City's SMP goals, policies, and regulations.
This characterization will help the City identify
existing conditions, evaluate existing functions
and values of its shoreline resources, and
explore opportunities for conservation and
restoration of ecological functions. This study
characterizes ecosystem -wide processes and
how these processes relate to shoreline
functions. Processes and functions are evaluated
at two different scales: a watershed or landscape
scale, and a shoreline reach scale. The purpose
of the watershed or landscape scale
characterization is to identify ecosystem
processes that shape shoreline conditions and to
determine which processes have been altered or
impaired. The intent of the shoreline reach scale
inventory and characterization is to: 1) identify
how existing conditions in or near the shoreline
have responded to process alterations; and 2)
determine the effects of the alteration on
shoreline ecological functions."
I call your attention to the bold red in the report
excerpt above. As this inventory is 12 years old
at best... How can the Federal Way SMP be
updated without first making sure the inventory
is correct?
City Council Staff Report 2019 SMP Update Page 6 of 12
Date
Name
Comment
Staff Responses/Comments
Recommendation
In the last few years we have become smarter
about our delicate environment and recognized
the dramatic impacts of neglect. Federal Way
really needs to update their inventory, and make
sure their watersheds are accounted in the
planning. To say the scope of the SMP update
does not include all the inventories (like
watersheds) just has to be wrong.
Please help me understand why the inventories
are not being updated as a precursor to the SMP
update.
5/13/19
Jack
He was concerned about the proposal to
During staffs presentation to the Planning
The proposed change to the
McCullough,
eliminate limited office and commercial
Commission at their May 1, 2019, public
Urban Conservancy
McCullough Hill
development in the Urban Conservancy
hearing, we recommended making no changes
Environment will be removed.
Leary Law Firm
Environment. They state that under the SMP, the
related to allowing office and commercial
The existing code will remain
purpose of the Urban Conservancy Designation
development in the Urban Conservancy
unchanged.
is to "protect and restore ecological functions of
Environment; therefore, the existing code
open space, floodplain, and other sensitive lands
language will remain unchanged.
where they exist in urban and developed settings,
while allowing a variety of compatible uses." In
the case of the Federal Way Campus, LLC, on
the west side of North Lake the zoning for this
property allows commercial and industrial uses.
Elimination of the limited allowance for office
and commercial uses in the Urban Conservancy
Environment in this location will result in an
effective "split -zoning" of that portion of the site,
with residential uses allowed in the shoreline
environment and commercial uses allowed in the
adjacent upland area.
5/13/19
Futurewise
We recommend that the City of Federal Way
A no net loss of ecological functions assessment
No change.
review and improve its Shoreline Management
is not required as part of this update.
Program (SMP) to ensure that it is achieving no
net loss of ecological functions and to support the
recovery of the Chinook salmon and the
Southern resident orcas.
City Council Staff Report 2019 SMP Update Page 7 of 12
Date
Name
Comment
Staff Responses/Comments
Recommendation
5/13/19
Futurewise
We strongly support the adoption of the
Staff Concurs.
No change.
improved wetland buffers. See FWRC
19.145.420(2).
5/13/19
Futurewise
Amend the hard -armoring requirements in
Staff Concurs with Futurewise's comment and
FWRC 15.05.050(1) Shoreline
FWRC 15.05.050(1) so they are consistent with
will add the underlined language under the
modifications, is proposed to
WAC 173-26-231(3)(a)(iii)(B).
corresponding "Recommendation" column.
read as follows:
(i) The applicant shall provide a
geotechnical report, prepared
by a qualified professional, that
estimates the rate of erosion
and evaluates alternative
solutions; the urgency
associated with the specific
situation; and demonstrate the
project is consistent with WAC
173-26-231(3)(a)(iii)(B), and
5/13/19
Futurewise
Protect people and property from sea level rise
While sea level rise is an important long-range
No change.
and increased coastal erosion. They recommend
planning consideration, it is not a requirement to
that the following new regulations be added to
assess as part of this periodic update. The City
Section 15.05.040, General Development
may include this level of assessment at a later
Standards, of the SMP update:
date.
i. New lots shall be designed and located so that
the buildable area is outside the area likely to be
inundated by sea level rise in 2100, and outside
of the area in which wetlands will likely migrate
during that time.
ii. Where lots are large enough, new structures
and buildings shall be located so that they are
outside the area likely to be inundated by seal
level rise in 2100, and outside of the area in
which wetlands and aquatic vegetation will likely
migrate during that time.
City Council Staff Report 2019 SMP Update Page 8 of 12
Date
Name
Comment
Staff Responses/Comments
Recommendation
5/13/19
Futurewise
The SMP should require site investigations for
Staff Concurs.
FWRC 15.05.040(6),
sites that the Washington State Department of
Archeological and historic
Archeology and Historic Preservation predictive
resources, is proposed to be
model rates as "survey recommended: moderate
amended to encapsulate this
risk," "survey highly advised: high risk," and
comment:
"survey highly advised: very high risk."
(d) Archeological site
investigations are required for
sites as defined by
Washington State Department
of Archeology and Historic
Preservation predictive model
rates as "survey
recommended: moderate risk,
"survey highly advised: very
high risk," and "survey highly
advised: very high risk."
5/13/19
Futurewise
We support extending the "stringline"
Staff Concurs.
No change.
requirement in FWRC 15.05.080(5)(i)(C) to
marine shorelines
5/13/19
Futurewise
Adopt regulations to document all project review
Cumulative impacts analysis of authorized
No change.
actions in shoreline jurisdiction and periodically
development is not a requirement of this SMP
evaluate the cumulative effects of authorized
periodic update.
development on shoreline conditions at least as
frequently as periodic reviews.
City Council Staff Report 2019 SMP Update Page 9 of 12
VI. SUMMARY OF CODE AMENDMENTS
1. Amendment to the Critical Areas Regulations — The Department of Ecology issued guidance on
their revised rating system in 2014. This revised rating system represents the best available
science (BAS) as it is based on a better understanding of wetland functions, ways to evaluate
them, and what is needed to protect them. While local governments are not required to use
Ecology's revised rating system, Ecology encourages local governments to use them.
2. Proposed Amendments to the SMP —These are proposed amendments to the SMP intended to
address gaps in the City's SMP, related to changes in state law between 2011 and 2017, and
to address other issues as part of the periodic update process to produce a more effective
SMP. The City's periodic review proposes to:
• Revise or add several definitions.
• Incorporate an updated Environmentally Critical Areas Ordinance, repealing
the reference to FWRC 15.10 and referencing FWRC 19.145.
• Update language consistent with recent changes in state laws and rules.
• Add a section on shoreline setback vegetation conservation standards.
• Ensure consistency with other city plans and regulations.
VII. DEVELOPMENT REGULATION AMENDMENT CRITERIA
FWRC 19.80.130 provides criteria for evaluating text amendments. The following section
analyzes compliance of the proposed zoning text amendments with the criteria provided by this
section. The City may amend the text of the FWRC if it finds that:
(1) The proposed amendment is consistent with the applicable provisions of the comprehensive plan;
Staff Response: The adopted Federal Way Comprehensive Plan (FWCP) is to be implemented
by development regulations as indicated within the Growth Management Act. The proposed
FWRC text amendments are consistent with the following FWCP goals and policies:
Goal
SMPG2 Residential use of shoreline areas should be continued and encouraged in
areas that have not been designated as Natural environments by the SMP, allowing a
variety of housing types. New development or redevelopment of residential uses should
cause no net loss of shoreline ecological function as identified in the SMP's Shoreline
Inventory Characterization and Analysis.
Policies
SMPP10 Residential developments should be designed to achieve no net loss of
shoreline ecological functions and minimize interference with visual and physical access.
Unavoidable impacts to the shoreline environment from residential development should
be mitigated to assure no net loss of shoreline ecological functions.
City Council Staff Report 2019 SMP Update Page 10 of 12
a. Residential development in designated critical areas or their associated buffers
should be regulated as required by the City's SMP regulations.
b. Residential development on piers or over water is prohibited.
c. Landfill for residential development that reduces water surface or floodplain
capacity shall not be permitted.
d. In residential developments, the water's edge should be kept free of buildings and
fences.
e. Development standards should require the retention of natural shoreline vegetation
and other natural features of the landscape to the greatest extent possible during site
development and construction.
(2) The proposed amendment bears a substantial relation to public health, safety, or welfare; and
Staff Response: The proposed amendments bear a substantial relation to public health, safety,
and welfare as its implementation will prevent uncoordinated and piecemeal development, while
protecting against adverse impacts to public health, the land and its vegetation, and wildlife.
(3) The proposed amendment is in the best interest of the residents of the City.
Staff Response: The proposed amendments are in the best interest of the residents of the City
because they permit for development of the shorelines where appropriate, while still protecting
the shoreline environment. The update process also allows the City to update its code to
comply with changes in state law and with the best available science (BAS) as it evolves.
VIII. PLANNING COMMISSION ACTION
At a public hearing on May 1, 2019, the Planning Commission heard a presentation on the
proposed code amendments by the Community Development staff. After deliberation, the
Planning Commission voted unanimously to recommend approval of the proposed Ordinance.
IX. PROPOSED CHANGES BY STAFF AFTER PLANNING COMMISSION ACTION
After the Planning Commission's recommendation on May 1", staff consulted with one of the
City's wetland consultants after an internal staff discussion and proposes a change to FWRC
19.145.420(2) to increase the wetland buffers as shown on the new Table I, and retain the existing
language for buffer reduction in FWRC 19.145.440(6), and buffer increases (FWRC
19.145.440[7]). The reason for this recommendation is that the existing criteria for buffer
reduction and increase are straight forward and easy to administer as opposed to the minimization
language recommended by the Department of Ecology.
City Council Staff Report 2019 SMP Update Page I 1 of 12
X. CITY COUNCIL ACTION
Consistent with the provisions of FWRC 19.80.260, the City Council may take the following
actions regarding the proposed code amendments:
1. Approve the code amendments as proposed;
2. Approve the code amendments with further amendments; or
3. Disapprove the proposed code amendments;
4. Refer the amendments back to the planning commission for further proceedings.
XI. MAYOR'S RECOMMENDATION
After consideration of the staff analysis and options available for action (approval, approval with
modification, disapproval, or referring them back to the Planning Commission), the Mayor
recommends the proposed amendments be approved.
City Council Staff Report 2019 SMP Update Page 12 of 12
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
amendments to the Federal Way Revised Code and the 2019 Shoreline
Periodic Update; amending FWRC 15.05.020, 15.05.030, 15.05.040,
15.05.050, 15.05.070, 15.05.080, 15.05.090, 15.05.100, 15.05.110,
15.05.120, 15.05.140, 15.05.150, 15.05.180, 15.05.220, 15.05.240,
19.145.0709 19.145.410, 19.15.420, 19.145.460, 19.145.520; repealing
Chapter FWRC 15.10; and adding new section 15.05.075. (Amending
ordinance Nos. 15-797, 11-705, 09-597, 00-3759 99-355, 98-323, 97-291,
and 90-38)
WHEREAS, the City of Federal Way ("City") adopted its Shoreline Master Program
("SMP") in 1990 and amended it in 1998 and 2011; and
WHEREAS, the Washington Shoreline Management Act (Chapter 90.58 RCW, referred to
herein as "SMA") recognizes that shorelines are among the most valuable and fragile resources of
the state, and that state and local government must establish a coordinated planning program to
address the types and effects of development occurring along shorelines of state-wide significance;
and
WHEREAS, the is required every eight years to update its SMP pursuant to the SMA and
Chapter 173-26 WAC and make any amendments to regulations implementing changes in State
shoreline laws; and
WHEREAS, the City is required to complete its update by June 30, 2019; and
WHEREAS, pursuant to RCW 90.58.080(4)(a), the City is required to update its critical areas
regulations to meet current state code; and
WHEREAS, this ordinance contains amendments to development regulations and the text of
Chapters 15.05 FWRC, 15.10 FWRC, and 19.145 FWRC to meet these requirements; and
Ordinance No. 19- Page 1 of 68
WHEREAS, the City obtained a grant from the Washington State Department of Ecology to
review its shoreline regulations to evaluate the changes necessary to bring the regulations to state
standards and the City employed a separate consultant, the Watershed Company, to aid in its review;
and
WHEREAS, analysis was completed and presented to the City indicating where changes
should be made in current City regulations to bring them up to standards and improve the regulations
to protect shorelines and critical area environment; and
WHEREAS, the City has complied with Process VI review, Chapter 19.80 FWRC, pursuant
to Chapter 19.35 FWRC; and
WHEREAS, the proposed regulations amendments include changes in definitions, shoreline
environmental designations language, regulations and administrative procedures, vegetation
conservation standards, and elimination of and/or the reference to Chapter 15.10 FWRC; and
WHEREAS, the updated regulations to implement the City's SMP and Chapter 19.145
FWRC are in the best interest and general welfare of the City of Federal Way because it provides for
the protection of sensitive shoreline areas while allowing appropriate uses and activities in shoreline
areas and includes a plan to conserve, protect, and restore degraded areas of the shoreline; and
WHEREAS, the proposed regulations 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, City staff, the City's consultant, and Department of Ecology staff worked
collaboratively to prepare draft revisions to regulations in Chapters 15.05 and 19.145 FWRC; and
Ordinance No. 19- Page 2 of 68
WHEREAS, the City prepared a Public Participation Plan and held a public open house on
January 30, 2019 to fulfill a portion of that plan: and
WHEREAS, the City provided opportunity for citizen participation by developing a
proposed regulation change update web page, by providing notice of meetings by mail and other
means to interested parties, and by maintaining an SMP mail list; and
WHEREAS, pursuant to the State Environmental Policy Act (SEPA), on April 12, 2019, a
Determination of Nonsignificance was issued by the City's SEPA Official and the appeal period
expired on June 3, 2019; and
WHEREAS, per RCW 36.70A.106 the City notified the Department of Commerce on April
17, 2019 of the City's intent to adopt proposed Code amendments, which was acknowledged by the
Department of Commerce on April 23, 2019; and
WHEREAS, the City held two public Planning Commissions study sessions on April 3, 2019
and April 17, 2019 to discuss the proposed regulation changes; and
WHEREAS, the City held a public hearing before the Planning Commission on May 1, 2019
to deliberate, hear testimony, and make recommendation to the City Council; and
WHEREAS, the Federal Way Planning Commission on May 1, 2019 recommended approval
for amendments to the Federal Way Revised Code as follows:
(1) To eliminate Chapter 15.10 FWRC because it duplicates Chapter 19.145 FWRC;
(2) To use the most current critical area regulations contained in Chapter 19.145 FWRC;
(3) To include identification of shorelines of the state in FWRC 15.05.020;
(4) To add and amend definitions in FWRC 15.05.030 for implementation of the shorelines
regulations;
Ordinance No. 19- Page 3 of 68
(5) To identify and include reference in FWRC 15.05.040 to critical areas sections of the code
relating to shorelines of the state;
(6) To amend Chapter 15.05.050 FWRC identifying the minimum height of bulkheads necessary
to prevent erosion along tidal waters;
(7) To clarify FWRC 15.05.070 tables and use standards in shorelines areas;
(8) To add new shoreline vegetation conservation standards enabled with shoreline setbacks in
FWRC 15.05.070, 15.05.080, 15.05.090;
(9) To amend the dollar amount exemption from Shorelines regulations in FWRC 15.05.150;
(10) To amend FWRC 15.05.220 to allow minor repairs to non -conforming structures without a
substantial development permit;
(11) To amend FWRC 19.145.420 incorporating new wetland buffers and wetland mitigation;
(12) To amend FWRC 19.145.460 to emphasize the purpose of water "capture zones";
(13) To eliminate FWRC 19.145.440(6) and (7) and disallowing buffer reductions with
enhancement; and
WHEREAS, on May 24, 2019, after the end of the 30 -day SEPA and joint public comment
period, the City transmitted to the Department of Ecology, comments received during the 30 -day
SEPA comment period, the City's responses to the public comments, the draft FWRC proposed
amendments, and a completed Periodic Review Checklist for the Department of Ecology's initial
determination of consistency, which was issued on June 24, 2019 after its 30 -day review period on
June 24, 2019; and
Ordinance No. 19- Page 4 of 68
WHEREAS, on June 3, 2019, the City Council Land Use/Transportation Committee
considered the proposed revisions to the FWRC and recommended approval of the proposed
revisions as recommended by the Planning Commission; and
WHEREAS, the City Council, through its staff, Planning Commission, and Land Use and
Transportation Committee, received, discussed, and considered the testimony, written comments,
and material from the public, and considered the proposed amendments to the FWRC and
Environmentally Critical areas Ordinance at its regular City Council meeting on June 18, 2019; and
WHEREAS, the City Council desires to approve the proposed regulation amendments to be
consistent with the State Shoreline Management Act and to update its critical area regulation as
recommended by the Planning Commission and Land Use/Transportation Committee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings and Conclusions.
(a) The proposed amendments to Title 15 and Chapter 19.145 of the FWRC, as set forth are
consistent with Chapter 11, Shoreline Master Program of the comprehensive plan, and will
provide for the protection of sensitive shoreline areas while allowing appropriate uses and
activities in shoreline areas and includes a plan to conserve, protect, and restore degraded areas
of the shoreline; and
(b) These code amendments comply with Chapter 36.70A RCW, Growth Management.
Ordinance No. 19- Page 5 of 68
(c) These code amendments are consistent with the intent and purpose of Titles 15 "Shoreline
Management" and 19 "Zoning and Development Code" FWRC and will implement and are
consistent with the applicable provisions of the Federal Way Comprehensive Plan.
(d) The proposed amendments have complied with the appropriate processes under state law and
the FWRC.
(e) The proposed amendments 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 the SMA and Chapter 173-26 WAC.
Section 2. Conclusions. Pursuant to Chapters 19.80 FWRC and 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:
Goals:
SMPG1 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.
SMPG2 Residential use of shoreline areas should be continued and encouraged in
areas that have not been designated as Natural environments by the SMP,
allowing a variety of housing types. New development or redevelopment of
residential uses should cause no net loss of shoreline ecological function as
identified in the SMP's Shoreline Inventory Characterization and Analysis.
Ordinance No. 19- Pa;e 6 of 68
SMPG4 Regional and subregional utility facilities, including communications, (radio,
TV, and telephone), energy distribution (petroleum products, natural gas, and
electricity), water, sanitary sewers, and storm sewers should not be allowed in
shoreline areas unless there is no alternative location. Design, location,
construction, and maintenance of utility facilities must comply with the
requirements of SMP regulations and other federal, state, and local laws, and
result in no net loss of shoreline ecological functions.
NEG7 Protect and enhance the functions and values of the City's wetlands.
Policies
SMPP10 Residential developments should be designed to achieve no net loss of
shoreline ecological functions and minimize interference with visual and
physical access. Unavoidable impacts to the shoreline environment from
residential development should be mitigated to assure no net loss of shoreline
ecological functions.
a. Residential development in designated critical areas or their associated
buffers should be regulated as required by the City's SMP regulations.
b. Residential development on piers or over water is prohibited.
c. 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.
SMPP30 New freestanding personal wireless service facilities are prohibited from
locating within the shoreline environment.
SMPP45 Where new docks are allowed, new residential development of two or more
dwellings should be required to provide joint use or community dock
facilities, when feasible, rather than allow individual docks for each
residence.
SMPP69 Develop standards, buffers, and mitigation requirements for designated
critical areas in the shoreline consistent with city-wide regulations.
SMPP72 Protection and conservation of vegetation within shoreline areas should be
managed through implementation of setback, clearing and grading, and
mitigation standards for development activity.
NEP45 The City will protect its wetlands with an objective of no overall net -loss of
Ordinance No. 19- Page 7 of 68
functions or values.
NEP46 Impacts to wetlands should be limited. All efforts should be made to use the
following mitigation sequencing approach: avoid, minimize, rectify, reduce
over time, compensate, and monitor.
NEP47 Require buffers adjacent to wetlands to protect wetland function and values
integral to healthy wetland ecosystems. Buffer requirements should be
predictable and where allowances for buffer alterations are warranted,
provide clear direction for mitigation, enhancement, and restoration.
NEP51 To meet Best Available Science requirements and for consistency with state
guidelines, the City's wetland rating system should be based on the current
Department of Ecology rating system.
NEP60 The City should keep abreast of proposed changes to the state's Shoreline
Management Act regulations and amend the City's master program in order
to reserve the shoreline for preferred uses, protect shoreline natural resources
against adverse effects, and promote public access to publically owned areas.
(b) The proposed FWRC amendments bear a substantial relationship to the public health, safety
and welfare because they provide implementing clarifications to a number of sections of Titles
15 and 19 FWRC.
(c) The proposed amendments are in the best interest of the public and the residents of the City of
Federal Way because they clarify a number of ambiguous regulations that have the potential for
inconsistent application.
Section 3. FWRC 15.05.020 is hereby amended to read as follows:
15.05.020 Jurisdiction.
(1) The provisions of this article shall apply to all development proposed within the areas defined as
"shorelines" in RCW 90.58.030(2)(d), and "shorelines of state-wide significance" in RCW
90.58.030(2)(e), and "shorelands" in RCW 90.58.030(2)(f); see FWRC 15.05.030, Additional
definitions. The approximate location of these shorelines shall be designated on maps maintained by
the depai-7tme t of community development department; however, the property owner or applicant
shall be responsible for determining the specific location of the shoreline jurisdiction on the subject
Federal Way Revised Code property when a permit is filed. The city shall be responsible for
Ordinance No. 19- Page 8 of 68
verifying shoreline jurisdiction. Washington Department of Ecology may be contacted to delineate
the ordinary high water mark (OHWM) on a subject property as per its authority and responsibilities
outlined in RCW 90.58.030(2)(f). Shorelines of the state are as follows:
(a) Within city limits: North Lake, Steel Lake, and the northwest portion of Lake Killarney.
tbj kVitlijn_ be_cilly's Potential Annexation Area: Star I,-.lkc, Lake Dolloff, Lake Geneva, i`iy
\lilt I alae, and the reinainin pi[m of I-al:e Killarney.
(c) Puizet Sound.
(2) No development shall be undertaken by any person on the shorelines of the state without
obtaining a shoreline permit from the department of community development, or an authorized
statement of exemption per WAC 173-27-040 and for developments exempted by RCW
90.58.140(9) and (10).
(3) All proposed uses and development occurring within shoreline jurisdiction must conform to
Chapter 90.5 8 RCW, the Shoreline Management Act, and the City of Federal Way shoreline master
program whether or not a permit is required.
Section 4. FWRC 15.05.030 shall be amended to read as follows:
15.05.030 Additional definitions.
Unless otherwise defined in this chapter, the definitions contained in this section, FWRC Title 15,
Chapter 90.58 RCW, Chapters 173-26 and 173-27 WAC, Chapter 19.05 FWRC or FWRC 1.05.020
shall apply in that order.
"Act" means the Washington State Shoreline Management Act of 1971, Chapter 90.58 RCW, as
amended.
"Amendment" means a revision, update, addition, deletion, and/or reenactment to the Federal Way
shoreline master program.
"Appurtenance, residential" means an improvement necessarily connected to the use and enjoyment
of a slngl c - I a n i I residence when located landward of tile ordinary high water marl: (`Cl l 11i ti l ' ). the
Perimetet- of a wetland. and oLitside their corI'e ionji� m! regt6red bifffei-,-, AW)�lurteiiances may
incliide. but are not linilte,tl to, E cirn«�_;_driveway. utilities; c raft stora�-,e wpliincl ], s« iin3»ing
rools. llot ttlks: stElhilir itioil. rctalllln_� walls; fencesyaRls; saunas, cabanas: ,intennLis;
dccl4s; w alk 7vs stairs:• trai i - ind grading tliat does not exceed 250 cubic tiai-ds Lind \� lildi (lotsliot
involve placement of fill in any wetland or waterward of a marine or freshwater OHWM.
Appurtenances do not include secondary sleeping areas or accessory dwelling units.
Ordinance No. 19- Page 9 of 68
"Aquaculture " means the farming or culturing of food fish, shellfish or other aquatic plants and
animals in streams, inlets, and other natural or artificial water bodies. Activities include the hatching,
cultivating, planting, feeding, raising and harvesting of aquatic plants and animals, and the
maintenance and construction of necessary equipment, buildings, and growing areas. Cultivation
methods include but are not limited to fish pens, fish traps, or other similar apparatuses.
"Average grade level" means, for a structure built on land, the average of the natural -or existing
topography of the portion of the lot, parcel, or tract of real property which will be directly under the
proposed building or structure. In the case of structures to be built over the water, "average grade
level" shall be the elevation of the ordinary high water mark (OHWM). Calculation of the average
grade level shall be made by averaging the ground elevations at the midpoint of all exterior walls of
the proposed building or structure.
"Backshore" means a berm, together with associated marshes or meadows, on marine shores
landward of the ordinary high water mark which is normally above high tide level and has been
gradually built up by accretion.
"Bank" means a steep rise or slope at the edge of a body of water or water course.
"Beach nourishment " means the artificial replenishing of a beach by delivery of materials dredged or
excavated elsewhere.
"Berm " means a ledge or shoulder consisting of mounded earth or rock.
"Bluff' means a steep slope which abuts and rises from Puget Sound. Bluffs contain slopes
predominantly in excess of 40 percent, although portions may be less than 40 percent. The toe of the
bluff is the beach of Puget Sound. The top of a bluff is typically a distinct line where the slope
abruptly levels out. Where there is no distinct break in slope, the slope is either the line of vegetation
separating the unvegetated slope from the vegetated uplands plateau or, when the bluff is vegetated,
the point where the bluff slope diminishes to less than 15 percent.
"Boating facility " means a facility or structure providing access in and out of the water for vessels,
such as a launching ramp, rails, or lift station open to the public. For purposes of the shoreline master
program, boating facilities do not include docks, piers, moorage piles, mooring buoys, or floats
associated with single-family residences or other joint -use structures not accessible to the public.
"Breakwater" means an off -shore structure, either floating or not, which may or may not be
connected to the shore, such structure being designed to absorb and/or reflect back into the water
body the energy of the waves.
"Bulkhead" means a wall, seawall, embankment, or other structure erected at or near the OHWM
and roughly parallel to the shoreline that retains or prevents sliding or erosion of land or protects
land and/or structures from wave or current action.
Ordinance No. 19- Page 10 ol'68
"Commercial use" means the uses allowed in the commercial zones and the nonindustrial uses
permitted in the commercial enterprise zone.
"Conditional use" means a use, development, or substantial development which is classified as a
shoreline conditional use or is not classified within the shoreline master program.
"Critical salmonid habitats " means habitats that are used by Pacific salmonid species that migrate
between fresh water and salt water during their life cycle. These habitats include:
(1) Gravel bottomed streams used for spawning;
(2) Streams, lakes, and wetlands used for rearing, feeding, and cover and refuge from predators and
high waters;
(3) Streams and salt water bodies used as migration corridors;
(4) Shallow areas of salt water bodies used for rearing, feeding, as well as cover and refuge from
predators and currents, including, but not limited to, forage fish habitats such as sandy beaches and
eelgrass beds; and
(5) Pocket estuaries including stream mouths and deltas where fresh water mixes with salt water and
provides rearing habitat for juvenile salmonids. All salt water shorelines in Federal Way are critical
salmonid habitats.
"Date of filing" see FWRC 15.05.180(2) `Final approval of shoreline permits' for full definition._
"Department" means the department of community development services, unless the context
indicates otherwise.
"Development" means a use consisting of the construction or exterior alteration of structures;
dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving
of piling; placing of obstructions; or any proj ect 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 (Chapter 90.58 RCW) at any state of water level. Development does not include
dismantling or removing structures landward of the ordinary high water mark if there is no other
associated development or re -development.
"Dock" means all platform structures floating upon water bodies and connected to land to provide
moorage or landing for waterborne pleasure craft.
"Dredging" means the removal of earth from the bottom of a stream, marine water body, lake or
other water body for the purposes of deepening and/or maintaining a navigational channel.
Ordinance No. 19- Page I I of 68
"Drift cell " (also referred to as "drift sector, " or "littoral cell ") means a particular reach of marine
shore in which littoral drift may occur without significant interruption and which contains any
natural sources of such drift and also accretion shore forms created by such drift.
"Ecological functions " means the work performed or role played by the physical, chemical, and
biological processes in the shoreline that contribute to the maintenance of the aquatic and terrestrial
environments that constitute the shoreline's natural ecosystem.
"Ecosystem -wide processes " means the suite of naturally occurring physical and geologic processes
of erosion, transport, and deposition; and specific chemical processes that shape landforms within a
specific shoreline ecosystem and determine both the types of habitat and the associated ecological
functions.
"Exemptions" means those development activities which are not required to obtain a substantial
development permit, but which must obtain an authorized statement of exemption and which must
otherwise comply with applicable provisions of the Shoreline Management Act and the City's local
shoreline master program.
"Fair market value " means the open market bid price for conducting the work, using the equipment
and facilities, and purchase of the goods, services, and materials necessary to accomplish the
development. This would normally equate to the cost of hiring a contractor to undertake the
development from start to finish, including the cost of labor, materials, equipment and facility usage,
transportation and contractor overhead, and profit. The fair market value of the development shall
include the fair market value of any donated, contributed or found labor, equipment, or materials.
"Feasible" means that an action, such as a development project, mitigation, or preservation
requirement, meets all of the following conditions:
(1) The action can be accomplished with technologies and methods that have been used in the past in
similar circumstances, or studies or tests have demonstrated in similar circumstances that such
approaches are currently available and likely to achieve the intended results;
(2) The action provides a reasonable likelihood of achieving its intended purpose; and
(3) The action does not physically preclude achieving the project's primary intended legal use. In
determining an action's feasibility, the reviewing agency may weigh the action's relative public costs
and public benefits considered in the short- and long-term time frames.
"Fill" means the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other
material to an area waterward of the OHWM, in wetlands, or on shorelands in a manner that raises
the elevation or creates dry land.
"Float" means a structure or device which is not a breakwater and which is moored, anchored, or
otherwise secured in the waters of Federal Way, and which is not connected to the shoreline.
Ordinance No. 19- Page 12 of 68
"Floating home" means a single-family dwelling unit constructed on a float that is moored
'111,: of -ed, or olI]cr�% ire SCctlrC 111 W iters. MId IS II(A �i even though it maybe capable of bein
towed_
"Floating on -water rL.rsiJcrrce" means anv floating structure other than a floatin hg ome, as defined
by this chi ter that is designed or used primarily as a residence on the water and has detachable
ntilities_
"Floodwav" means the area that has been established in effective federal emergency management
ag_cncy flood insurance rate maps or tloodway neaps.
"Floodplain " means the 100 -year floodplain and means that land area susceptible to inundation with
a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be
based upon flood ordinance regulation maps or a reasonable method which meets the objectives of
the Act.
"Geologically hazardous areas" means areas which because of their susceptibility to erosion,
landsliding, seismic, or other geological events are not suited to siting commercial, residential, or
industrial development consistent with public health or safety concerns. Geologically hazardous
areas include the following areas:
(1) Erosion hazard areas are those areas having a severe to very severe erosion hazard due to natural
agents such as wind, rain, splash, frost action, or stream flow.
(2) Landslide hazard areas are those areas potentially subject to episodic downslope movement of a
mass of soil or rock including, but not limited to, the following areas:
(a) Any area with a combination of.-
(i)
f:
(i) Slopes greater than 15 percent;
(ii) Permeable sediment, predominately sand and gravel, overlying relatively impermeable
sediment or bedrock, typically silt and clay; and
(iii) Springs or groundwater seepage.
(b) Any area which has shown movement during the Holocene epoch, from 10,000 years ago to
the present, or which is underlain by mass wastage debris of that epoch.
(c) Any area potentially unstable as a result of rapid stream incision, stream bank erosion, or
undercutting by wave action.
(d) Any area located in a ravine or on an active alluvial fan, presently or potentially subject to
inundation by debris flows or flooding.
Ordinance No. 19- Page 13 of 68
(e) Those areas identified by the United States Department of Agriculture Soil Conservation
Service as having a severe limitation for building site development.
(f) Those areas mapped as Class U (unstable), UOS (unstable old slides), and URS (unstable
recent slides) by the Department of Ecology.
(g) Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking.
(3) Seismic hazard areas are those areas subject to severe risk of earthquake damage as a result of
seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting.
These conditions occur in areas underlain by cohesionless soils of low density usually in association
with a shallow groundwater table.
(4) Steep slope hazard areas are those areas with a slope of 40 percent or greater and with a vertical
relief of 10 or more feet, a vertical rise of 10 feet or more for every 25 feet of horizontal distance. A
slope is delineated by establishing its toe and top, and measured by averaging the inclination over at
least 10 feet of vertical relief.
"Geotechnical report" or "geotechnical analysis " means a scientific study or evaluation conducted
by a qualified expert that includes a description of the ground and surface hydrology and geology; the
affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or
processes; conclusions and recommendations regarding the effect of the proposed development on
geologic conditions; the adequacy of the site to be developed; the impacts of the proposed
development; alternative approaches to the proposed development; and measures to mitigate
potential site-specific and cumulative geological and hydrological impacts of the proposed
development, including the potential adverse impacts to adjacent and down -current properties.
r,�1iieM-+t-,
s
iiieer-s ei gealegists who have professional e*peAise about the r-egiefial and local
shoFe l ne-g- g ' .
"Grading" means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other
material on a site in a manner that alters the natural contour of the land.
"Groin " means a barrier type structure extending from the backshore into the water across the beach.
The purpose of a groin is to interrupt sediment movement along the shore.
"Height" means that distance measured from average grade level to the highest point of a structure;
pfevided,4hatexcluding television antennas, chimneys, temporary constriction cc I anIgIL and
similar appurtenances shall not be tised in ealoulating heigiit-, except where such appurtenances
obstruct the view of the shoreline of a substantial number of residences on areas adjoining such
shorelines, or the applicable master program specifically requires that such appurtenances be
included -f# irtl.., 'hai leffil)OFafy CEKIMfHefiffii , UiP r^, t iS , ,t
"Jetty" means an artificial barrier used to change the natural littoral drift to protect inlet entrances
from clogging by excess sediment.
Ordinance No. 19- Page 14 of 68
"Landslide " means an episodic downslope movement of a mass of soil or rock that includes but is
not limited to rockfalls, slumps, mudflows, and earthflows.
"Littoral drift" means the natural movement of sediment along marine or lake shorelines by wave
action in response to prevailing winds.
ur3Elt }'3lErF33liil QFC RTRiII OF -SH .,Fts,,- sidentor
,; fEitE�f' 1s13 11 tll�l'z :Zf l ., nl
pemian ,t l,l.- ,!y H--! Iie til tk" , •l,; ch pr-eeli de -374 ie--upt
sahiiaFH{1 Psh. thin, dial Pei -tion Of the S+L"' of Wliiehis . oy,,„` t,-eani of 13-e iatien
b4e&�, ,e , hn11 1 ulated as el i r.
� 17i
"Marine" means pertaining to tidally influenced waters, including Puget Sound and the bays,
estuaries, and inlets associated therewith.
d ! ..,,.....i..-.,,. _RieEm -ctstt.ea that d �e-I the def:,,;r;e oF"a m er-st,-eafn
"Mooring buoys " means a floating object anchored to the bottom of a water body that provides tie-
up capabilities for vessels.
"Native shoreline vegetation " means trees, shrubs, and other plant species that are indigenous to a
specific area or regions and native to western Washington afe as referenced in Flora of *the
Pacific Northwest (Hitchcock and Cronquist). Ornamental landscaping and invasive species shall not
be considered native shoreline vegetation.
"Natural or existing topography" means the topography of the lot, parcel, or tract of real property
immediately prior to any site preparation or grading, including excavating or filling.
"Nearshore " means either nearshore environment or nearshore habitat and refers 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 development" means an existing structure that was lawfully constructed when it
was built but is no longer fully consistent with present regulations, such as setbacks, buffers, or
yards' area- bulk- height or density standards, due to subsequent changes to the master program.
"Nonconforming lot" means a lot that met dimensional requirements of the applicable master
program at the time of its establishment but now contains less than the required width depth, or area
due to subsequent changes to the master program._
"Nonconforming structure" See nonconformina development.
"Nonconforming use or •'tfvelejf • " means a shoreline use ^r developm which was lawfully
established prior to the effective date of the Act or the applicable shoreline master
Ordinance No. 19- Page 15 of '68
program, or amendments thereto, but which does not conform to present use regulations or standar-ds
of the shoreline master program.
"Non -water -oriented uses " means those uses that are not water -dependent, water -related, or water -
enjoyment, and which have little or no relationship to the shoreline and are not considered priority
uses under the Shoreline Management Act. Examples include professional offices, automobile sales
or repair shops, mini -storage facilities, multifamily residential development, department stores, and
gas stations
"Ordinary high water mark (OHWM) " means the mark on all lakes, streams, and tidal waters that
will be found by examining the beds and banks and ascertaining where the presence and action of
waters are so common and usual and so long continued in all ordinary years as to mark upon the soil
a character distinct from that of the abutting upland, in respect to vegetation, as that condition existed
on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance
with permits issued by a local government or the Department of Ecology. In any area where the
ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be
the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the
line of mean high water.
"Permit" means any substantial development, variance, conditional use permit, or revision
authorized under Chapter 90.58 RCW.
"Pier" means any fixed platform structure upon water bodies that is supported by piles and
connected to land.
"Primary structure " means the structure associated with the principal use of the property. If more
than one structure is associated with the principal use of the property, the one with the highest value
shall be considered the primary structure.
"Public access " means the general public's ability to view, reach, touch, and enjoy the water's edge
and use the state's public waters, the water/land interface, and associated public shoreline area.
Public access also includes actual, physical, unobstructed access from land to the ordinary high water
mark or adjacent shorelands.
"Public utility" means the facilities of a private business organization such as a public service
corporation, or a governmental agency performing some public service and subject to special
governmental regulations, the services which are paid for directly by the recipients thereof. Such
services shall include but are not limited to: water supply, electric power, telephone, cablevision,
natural gas, and transportation for persons and freight. The term also includes broadcast towers,
antennas, and related facilities operated on a commercial basis.
"Recreational development" means commercial and public facilities designed and used to provide
recreational opportunities to the public.
Ordinance No. 19- Pa;e 16 of 68
"Replacement structure " means the construction of a new structure to perform the same function as
an existing structure that can no longer adequately serve its purpose. Additions to or increases in size
of existing structures shall not be considered replacement structures.
"Residential development" means developments and occupancy in which persons sleep and prepare
food, other than developments used for transient occupancy. Residential development includes the
creation of new residential lots through subdivision of land. Residential development does not
include floating homes, floating on -water residences, live -aboard vessels, or converted residential
Upurtenances.
"Restoration " means, in the context of"ecological restoration," the reestablishment or upgrading of
impaired ecological shoreline processes or functions. This maybe accomplished through measures
including, but not limited to, revegetation, removal of intrusive shoreline structures, and removal or
treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline
area to aboriginal or pre -European settlement conditions.
"Riprap " means a layer, facing, or protective mound of angular stones randomly placed to prevent
erosion, scour, or sloughing of a structure or embankment; also, the stone so used.
"Shall" means a mandate; the action must be done.
"Shorelands, " also referred to as "shoreland areas, " means those lands extending landward for 200
feet in all directions as measured on a horizontal plane from the ordinary high water mark;
floodways, and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands
and river deltas associated with the streams, lakes, and tidal waters which are subject to the
provisions of this chapter; the same to be designated as to location by the Department of Ecology.
"Shoreline administrator " means the director of the department of community development or his or
her designee and is responsible for administering the Federal Way shoreline master program.
"Shoreline environment designation " means the categories of shorelines of the state established by
the city of Federal Way shoreline management master program to differentiate between areas whose
features imply differing objectives regarding their use and future development.
"Shoreline jurisdiction " means all "shorelines of the state" and "shorelands" as defined in the
Federal Way shoreline master program and RCW 90.58.030.
"Shoreline master program (SMP) " means the comprehensive use plan for a described area, and the
use regulations together with maps, diagrams, charts, or other descriptive material and text, a
statement of desired goals, and standards developed in accordance with the policies enunciated in
RCW 90.58.020.
"Shoreline modifications " means those actions that modify the physical configuration or qualities of
the shoreline area, usually through the construction of a physical element such as a dike, breakwater,
Ordinance No. 19- Page 17 of 68
pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. They can include other actions,
such as clearing and grading.
"Shoreline stabilization " means structural and nonstructural actions taken to address erosion impacts
to property, dwellings, businesses, or structures caused by natural shoreline processes such as
currents, floods, tides, wind, or wave action. Expansion or enlargement of existing stabilization
measures is considered new stabilization.
"Shoreline variance" means to grant relief from the specific bulk, dimensional, or performance
standards in the local shoreline master program, but not a means to vary a "use" of a shoreline.
"Shorelines" means all of the water areas of the state, including reservoirs, and their associated
shorelands, together with the lands underlying them; except (1) shorelines of statewide significance;
(2) shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic
feet per second or less and the wetlands associated with such upstream segments; and (3) shorelines
on lakes less than 20 acres in size and wetlands associated with such small lakes.
"Shorelines ofstatewide significance" means those areas of Puget Sound in the city of Federal Way
lying seaward from the line of extreme low tide.
"Shorelines of the state" means the total of all "shorelines" and "shorelines of statewide
significance" within the city of Federal Way.
"Should" means that the particular action is required unless there is a demonstrated, compelling
reason, based on policy of the Shoreline Management Act and this title, against taking the action.
"SMA " means the Shoreline Management Act.
"SMP" means the shoreline master program.
"Soft -shore bank stabilization " means the use of bioengineering or biotechnical bank stabilization
measures where vegetation, logs, rock, and beach nourishment are used to address erosion control
and slope stability.
"Stringline setback" means a straight line drawn between the points on the primary structures having
the greatest projection waterward 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.
"Structure" see the definition in FWRC 19.05.190.
"Substantial accessory structure" means nonprimary structures equal to or larger than 400 square
feet and in good repair.
Ordinance No. 19- Page 18 of 68
"Vegetation conservation area " means an upland area adjacent to the ordinary high water mark or
top of bluff where existing native vegetation and native trees shall be retained per the requirements
of the Federal Way shoreline master program. The width of the vegetation conservation area is
consistent with setback requirements for specific uses and shoreline environment designations.
"Vessel" means ships, boats, barges, or any other floating craft which are designed and used for
navigation and do not interfere with the normal public use of the water.
"Water quality " means the physical characteristics of water within shoreline jurisdiction, including
water quantity, hydrological, physical, chemical, aesthetic, recreation -related, and biological
characteristics. Where used in this title, the term "water quantity" refers only to development and
uses regulated under this chapter and affecting water quantity, such as impermeable surfaces and
stormwater handling practices. Water quantity, for purposes of this title, does not mean the
withdrawal of groundwater or diversion of surface water pursuant to RCW 90.03.250 through
90.03.340.
"Water -dependent use " means a use or portion of a use which cannot exist in any other location and
is dependent on the water by reason of the intrinsic nature of its operations. Examples of water -
dependent uses may include ship cargo terminal loading areas, ferry and passenger terminals, barge
loading facilities, ship building and dry docking, marinas, aquaculture, float plane facilities, and
sewer outfalls.
"Water -enjoyment use" means a recreational use or other use that facilitates public access to the
shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic
enjoyment of the shoreline for a substantial number of people as a general characteristic of the use
and which through location, design, and operation ensures the public's ability to enjoy the physical
and aesthetic qualities of the shoreline. In order to qualify as a water -enjoyment use, the use must be
open to the general public and the shoreline -oriented space within the project must be devoted to the
specific aspects of the use that foster shoreline enjoyment.
"Water -oriented use" means a use that is water -dependent, water -related, or water -enjoyment, or a
combination of such uses.
"Water -related " means a use or portion of a use which is not intrinsically dependent on a waterfront
location but whose economic vitality is dependent upon a waterfront location because:
(1) Of a functional requirement for a waterfront location such as the arrival or shipment of materials
by water or the need for large quantities of water; or
(2) The use provides a necessary service supportive of the water -dependent commercial activities and
the proximity of the use to its customers makes its services less expensive and/or more convenient.
Examples include professional services serving primarily water -dependent activities and storage of
water -transported foods.
Ordinance No. 19- Page 19 of 68
"Wetland" means areas that are inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands
intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage
ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds,
and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally
created as a result of the construction of a road, street, or highway. Wetlands may include those
artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of
wetlands.
Section 5. FWRC 15.05.040 is hereby amended to read as follows:
15.05.040 General development standards.
The following general development standards apply to all uses and activities in all shoreline
environments:
(1) Impact mitigation.
(a) To the extent the Washington State Environmental Policy Act of 1971 (SEPA), Chapter
43.21 C RCW, is applicable, the analysis of environmental impacts from proposed shoreline uses
or developments shall be conducted consistent with the rules implementing SEPA (FWRC
14.05.010 and Chapter 197-11 WAC). Mitigation for adverse impacts to shoreline functions will
be triggered during the SEPA review, shoreline land use permit process, or exemption approval
process.
(b) Where required, mitigation measures shall be applied in the following sequence of steps
listed in order of priority.
(i) Avoiding the impact altogether by not taking a certain action or parts of an action;
(ii) Minimizing impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology or by taking affirmative steps to avoid or
reduce impacts;
(iii) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
(iv) Reducing or eliminating the impact over time by preservation and maintenance
operations;
(v) Compensating for the impact by replacing, enhancing, or providing substitute resources
or environments; and
Ordinance No. 19- Page 20 of 68
(vi) Monitoring the impact and the compensation projects and taking appropriate corrective
measures.
(c) In determining appropriate mitigation measures applicable to shoreline development, lower
priority measures shall be applied only where higher priority measures are determined to be
infeasible or inapplicable.
(d) Required mitigation shall not be in excess of that necessary to assure that proposed uses or
development will result in no net loss of shoreline ecological functions.
(e) Mitigation actions shall not have a significant adverse impact on other shoreline functions
fostered by the policy of the Shoreline Management Act.
(f) When compensatory measures are appropriate pursuant to the mitigation priority sequence
above, preferential consideration shall be given to measures that replace the impacted functions
directly and are located in the immediate vicinity of the impact. However, alternative
compensatory mitigation may be authorized if said mitigation occurs within the watershed and
addresses limiting factors or identified critical needs for shoreline conservation based on
watershed or comprehensive management plans. Authorization of compensatory mitigation
measures may require appropriate safeguards, terms, or conditions as necessary to ensure no net
loss of ecological functions.
(2) Vegetation conservation. Existing shoreline vegetation shall be preserved per development
standards established for each shoreline environment designation as listed in the development
standards table and the setback standards in FWRC 15.05.070(6).
(3) Water quality/stormwater. All activities and development within the shoreline jurisdiction shall
incorporate water pollution control measures and best management practices (BMPs) for stormwater
management. Such measures shall address both temporary impacts to water quality from construction
activities as well as the need for permanent stormwater management facilities in compliance with the
requirements and restrictions of all applicable city and state regulations.
(4) Critical areas. Activities and development in critical areas found within shoreline jurisdiction are
required to comply with the development standards outlined in Chapter 1-5.10 19.145 FWRC,
Environmentally Critical Areas, and Chapter 15.15 19.142 FWRC, Flood Damage Prevention, for
each area described below.
(a) Activities and alterations to critical areas, shorelines of the state, and their buffers shall be
subject to the provisions of Chapter 15.05 FWRC (master program). The master program defers
to the director on detcmmninL° whether an activiitv alai:cctiiw, critical areas in shoreline
jurisclictions is exempt from shoreline pcniiit rcciuir'cirlcnts, pel, WAC 173-27-040.
Ordinance No. 19- Page 21 of 68
(a b) Any conflict between the standards outlined in Chapters 15.10 19.145 or 15. 15 19.142
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 Chapters
15. 10-19.145 and 15.15 19.142 FWRC, the following minimum requirements shall apply with
regard to activities and development in critical areas found within shoreline jurisdiction with the
following clarifications and modifications:
(i) Minimum setbacks from the OHWM established by this chapter shall be maintained in all
cases unless a shoreline variance is granted. Shoreline setbacks are defined in FWRC
15.05.070(6).
(ii) When FWRC' 5�-10.27 19.145.440 (St.-.,.Tir��e
•��-re-ed wetland buffs Uevclopriciit withiti wetlalid buffers), subsections (5)
Wetland Buffer Reduction averaging, and (6) M^di fie^t:^., Buti-cr reduction with
enhancement are utilized for a project proposal, a shoreline variance permit is required if the
overall proposed buffer width reduction exceeds 25 percent.
(iii) The provisions of Federal Wav Environmentallv- Critical Area do not extend
shoreline jurisdictions bcvond ilio Iiinits spccllled M tills 8%-111. Fol- regulalions .ldtlrGssing
critical areabuffers that are olitslde jui=indiction, see Chantel- 19. 145 FWP%(".
(iv) If any provision of the Liwironnietitally('rilical Ai-cas Ordiiiallce conflict w itli the
Shoreline Mana_ ement Act, Chqpter 90.58 RCW. or supporting Washington Administrative
Code chapters, the more restrictive regulations shall apply.
(bc) Geologically hazardous areas. Regulated geologically hazardous areas located in the
shoreline jurisdiction include seismic hazard areas, landslide hazard areas, steep slopes, and
erosion hazard areas. If a geologically hazardous area is located within the shoreline jurisdiction,
all activities on the site shall be in compliance with the requirements and restrictions of Articles
1; and II nlAl of Chapter 15.10 19.145 FWRC. In addition to the development standards
outlined in Chapter 15.19 19.145 FWRC, the following shall apply with regard to activities and
development in geologically hazardous areas found within shoreline jurisdiction:
(i) Creation of new lots shall be prohibited where development and use on new lots would
cause a foreseeable risk from geological conditions during the life of the development.
(ii) New development that causes risk from geological conditions should shall not be
allowed.
(iii) New development on sites with steep slopes and bluffs is required to be set back
sufficiently to ensure that shoreline stabilization is unlikely to be necessary during the life of
the project as demonstrated by a geotechnical ana4yai-sL4� p®rt. Geotechnical reports shall
Ordinance No. 19- Page 22 of 68
conform to accepted technical standards and must be re aced by qualified prol'ossional
engineers oreg ologists who have professional expertise about the regional and local
shoreline geology ani] l� o� :esse,.
(ed) Streams and wetlands. If a stream or wetland is located within the shoreline jurisdiction, all
activities within the shoreline jurisdiction shall be in compliance with the requirements and
restrictions of Articles I, VIII, and IV and N11 of Chapter 15.10 19.145 FWRC.
(de) Flood damage reduction. If an area of special flood hazard is located on or adjacent to a
development site within shoreline jurisdiction, all activities on the site shall be in compliance
with the requirements and restrictions of Chapter 15.15 19.142 FWRC. All activities allowed
within the special flood hazard area by the requirements and restrictions of Chapter X519.142
FWRC shall not result in a net loss of ecological function.
(f) Critical aquifer recharge areas and wellhead protection areas. If a critical aquifer recharge
area or wellhead protection area is located within the shoreline jurisdiction, all activities within
the shoreline jurisdiction shall be in compliance with the requirements and restrictions of
Articles I,and V14 of Chapter 15.10 19.145 FWRC.
(5) Critical salmonid habitats. All salt water shorelines in Federal Way are critical salmonid habitats.
Activities and development in critical salmonid habitats found within the shoreline jurisdiction are
required to comply with the following development standards, in addition to those contained in other
sections of this chapter:
(a) Structures which prevent the migration of salmon and steelhead are prohibited. Fish bypass
facilities shall allow the upstream migration of adult fish. Fish bypass facilities shall prevent fry
and juveniles migrating downstream from being trapped or harmed.
(b) Shoreline modification structures may intrude into critical salmonid habitats only where the
proponent demonstrates all of the following conditions are met:
(i) An alternative alignment or location is not feasible;
(ii) The project is designed to minimize its impacts on the environment;
(iii) If the project will create unavoidable adverse impacts, the impacts are mitigated by
creating in-kind replacement habitat near the project. Where in-kind replacement mitigation
is not feasible, rehabilitating degraded habitat may be required as a substitute;
(iv) The project satisfies all provisions of FWRC 15.05.050, Shoreline modifications.
Ordinance No. 19- Page 23 of 68
(c) Open pile bridges are the preferred water crossing structures over critical salmonid habitats. If
a bridge is not feasible, one of the following water crossing structures may be approved if the
impacts can be mitigated: temporary culverts, bottomless arch culverts, elliptical culverts, or
other fish -passable round culverts. These structures are listed in priority order, with the first
having the highest preference and the last the lowest preference. In order for a lower priority
structure to be permitted, the applicant must show the higher priority structures are not feasible.
The project shall be designed to minimize its impacts on the environment.
(d) Bridges and in -water utility corridors may be located in critical salmonid habitats provided
the proponent shows that all of the following conditions are met:
(i) An alternative alignment is not feasible;
(ii) The project is located and designed to minimize its impacts on the environment;
(iii) Any alternative impacts are mitigated; and
(iv) Any landfill is located landward of the ordinary high water mark.
Open piling and piers required to construct the bridge may be placed waterward of the ordinary high
water mark, if no alternative method is feasible.
When installing in -water utilities, the installer may be required to place native material on the bed
and banks of the water body or wetland to reestablish the preconstruction elevation and contour of
the bed. The project shall be designed to avoid and minimize impacts on the environment.
(e) Dredging in critical salmonid habitats shall not be allowed unless the proponent demonstrates
all of the following conditions are met:
(i) The dredging is for a water -dependent or water -related use;
(ii) An alternative alignment or location is not feasible;
(iii) The project is designed to minimize its impacts on the environment;
(iv) The project is in the public interest; and
(v) If the project will create significant unavoidable adverse impacts, then the impacts are
mitigated by creating in-kind replacement habitat near the project. Where in-kind
replacement mitigation is not feasible, rehabilitating degraded habitat may be required as a
substitute.
(f) In -water dredge spoil disposal sites shall not be located in critical salmonid habitats.
Ordinance No. 19- Page 24 of 68
(g) Filling, dumping, discharging (including discharging of stormwater), commercial or industrial
wastewater, dredging, channelization, draining, flooding, disturbing the water level, duration of
inundation or water tables, and other activities which negatively impact habitat are prohibited in
wetlands, ponds, and side channels which are associated with critical salmonid habitats.
(h) Within critical salmonid habitats, permanent channel changes and realignments are
prohibited.
(i) The removal of aquatic and riparian vegetation within or adjacent to critical salmonid habitats
shall be minimized. Trees which shade side channels, streams, estuaries, ponds, and wetlands
associated with critical salmonid habitats shall be maintained consistent with the provisions of
this chapter. Areas of disturbed earth shall be revegetated.
0) Unless removal is needed to prevent hazards to life and property or to enhance critical
salmonid habitats, large woody debris below the ordinary high water mark shall be left in the
water to provide salmon and steelhead habitat.
(6) Archaeological and historic resources.
(a) If any archaeological artifacts are uncovered during excavations in the shoreline, work must
stop immediately and the city of Federal Way, the state Department of Archaeology and Historic
Preservation, the Muckleshoot Indian Tribe, and the Puyallup Tribe of Indians must be notified.
(b) Proposals for ground disturbing activities in areas known to contain an historic, cultural, or
archaeological resource(s) or highly suspected to contain archaeological artifacts and data shall
require a site inspection and evaluation by a professional archaeologist or historic preservation
professional, as applicable, prior to issuance of a permit or initiation of disturbance. The
evaluation shall include recommendations for monitoring of potentially disruptive activities, data
recovery, and/or mitigation measures if warranted. Cost for inspection and evaluation of the site
will be the responsibility of the applicant.
c If archeological items are found during excavation work the qpplicant shall stop work and
apply for an Archeological Excavation and Removal Permit per Chapter 25-48 WAC.
(d) Archeoloizical site investigations are required for sites as defined by Washington State
Department of Archeology and Historic Preservation predictive model rates as "survey
recommentled: moderate risk," "survey highly advised: very high risk," and "survey highly
advised: very high risk."
(7) Public access.
Ordinance No. 19- Page 25 of 68
(a) In review of all shoreline permits or developments of more than four residential lots or
dwelling units per WAC 173-26-241, or subdivision of land into more than four lots, or
commercial development, or non -water -dependent uses (including water -enjoyment and water -
related uses) consideration of public access and joint use of community recreational facilities
shall be required when:
(i) The development would generate demand for one or more forms of public shoreline
access; and/or
(ii) The development would eliminate, restrict, or otherwise impair existing legal access
opportunities or rights. In these instances, public access shall be provided by the
development in a form, as detailed by subsection (7)(d) of this section, consistent in character
with the existing public access that was eliminated, restricted, or otherwise impaired.
(b) Requirements or conditions for public access shall be consistent with all relevant
constitutional and other legal limitations on regulation of private property.
(c) Public access requirements shall not be required when the applicant demonstrates that one or
more of the following provisions apply:
(i) Unavoidable health or safety hazards to the public exist that cannot be prevented by any
practical means;
(ii) Inherent security requirements of the use cannot be satisfied through the application of
alternative design features or other solutions;
(iii) The cost of providing the access, easement, alternative amenity, or mitigating the
impacts of public access is unreasonably disproportionate to the total long-term cost of the
proposed development;
(iv) Significant environmental impacts would result from the public access that cannot be
mitigated; and/or
(v) Significant undue and unavoidable conflict between any access provisions and the
proposed use and/or adjacent uses would occur and cannot be mitigated.
(d) Public access shall consist of a dedication of land or a physical improvement in the form of a
walkway, trail, bikeway, corridor, viewpoint, park, or other area serving as a means of view
and/or physical approach to shorelines of the state and may include interpretive centers and
displays.
(e) Public access locations shall be clearly marked with visible signage.
Ordinance No. 19- Page 26 of'68
(f) Public access provided by shoreline street ends, public utilities, and rights-of-way shall not be
diminished (RCW 36.87.130).
(g) Shoreline development by any public entities, including the city of Federal Way, state
agencies, and public utility districts, shall include public access measures as part of each
development project, unless such access is shown to be incompatible due to reasons of safety,
security, or impact to the shoreline environment or other provisions in this section.
(8) Restoration projects.
(a) Restoration projects within the shoreline environment consistent with WAC 173-27-080 shall
be allowed without a shoreline substantial development permit; be reviewed through the
shoreline exemption review process; and be designed consistent with the development standards
outlined in Chapter 15.10 19.145 FWRC — Critical Areas and the provisions of this chapter.
(b) Approval of restoration projects shall be based on a review of a plan containing, at a
minimum, an analysis of existing conditions, identification of the area to be restored, proposed
corrective actions, including installation of native species, performance standards, monitoring
schedule, planting plans, erosion and sedimentation control plans, and grading plans as
necessary.
(c) The shoreline ndministra.nr Director shall require an applicant to retain the services of a
qualified professional in preparing the restoration plan. Intrusions into regulated steep slopes and
associated setbacks will be allowed for purposes of approved restoration projects.
(d) The Director may grant relief from shoreline master program development standards and use
re lations resulting from shoreline restoration projects within urban growth areas as long as
such relief is consistent with criteria and procedures in WAC 173-27-215.
Section 6. FWRC 15.05.050 is hereby amended to read as follows:
15.05.050 Shoreline modifications.
(1) Shoreline stabilization. Shoreline stabilization may be permitted in the shoreline residential
environment. Hard armoring (e.g., bulkheads and riprap) is subject to a shoreline conditional use
permit in the urban conservancy environment. Soft -shore stabilization may be permitted in the urban
conservancy environment. Shoreline stabilization proposals shall address the following:
(a) Shoreline stabilization, including bulkheads, shall not be considered an outright permitted use
on the city's shorelines. In order for shoreline stabilization to be permitted the city must find that:
(i) The applicant shall provide a geotechnical report, prepared by a qualified professional,
that estimates the rate of erosion and evaluates alternative solutions; the urgency
Ordinance No. 19- Page 27 of 68
associated with the specific situation; and deiiic»i-stratc the project is consistent with WAC
173-26-231, and
(ii) Soft -shore stabilization alternatives such as slope drainage systems, vegetative growth
stabilization, gravel berms, and beach nourishment shall be prioritized over structural options
such as bulkheads and riprap. The "softest" effective alternative shall be utilized; and
(iii) In the case of proposed hard armoring stabilization solutions (e.g., bulkheads and riprap),
erosion from waves or currents presents a clear and imminent (damage within three years)
threat to a legally established primary structure, one or more substantial accessory structures,
water -dependent development, ecological restoration/toxic clean-up remediation projects, or
public improvements; and
(iv) In the case of bulkheads and riprap, the proposed shoreline stabilization is located
landward of the ordinary high water mark; and
(v) The proposed shoreline stabilization is the minimum size necessary to protect existing
improvements; and
(vi) The applicant shall demonstrate that impacts to sediment transport are minimized to the
greatest extent possible; and
(vii) Shoreline stabilization shall not have an adverse impact on the property of others and
shall be designed so as not to create the need for shoreline stabilization elsewhere; and
(viii) Shoreline stabilization shall not significantly interfere with normal surface and/or
subsurface drainage into the water body and shall be constructed using an approved filter
cloth or other suitable means to allow passage of surface and groundwater without internal
erosion of fine material; and
(ix) Shoreline stabilization shall not be used to create new lands; and
(x) Use of chemically treated wood is prohibited for any shoreline stabilization proposal
within fresh water lake shorelines; and
(xi) Use of creosote treated wood is prohibited within marine shorelines; and
(xii) Revegetation with native plants is required as part of the shoreline stabilization project;
and
(xiii) Shoreline stabilization shall not otherwise result in a net loss of ecological functions.
(b) When a bulkhead or other structural alternative is permitted subject to subsection (1)(a) of
this section, the following standards shall apply:
Ordinance No. 19- — Page 28 of 68
(i) The maximum height of the proposed bulkhead or other stabilization structure is no more
than one feet above the elevation ofmean v dlei- o qd,1 . ,ateFr, one foot in
height above the elevation of ordinary high water mark on lakes, measured from grade on the
waterward side of the bulkhead or structure; and the n11I71i1111111 necessary to protect the
i l7.lt>��rl stRictlire(s) or development proposals al�)ng tidal waters. Minimum necessaiY
bulkhe2ic'1 llel �lll requirements must be supported by 1,(.)th recorded t1dal evc:ilts and
g_eotedinical documentation by a gtialified prOfeSSion 1l '1.11..c tV MON CTIII)Ioy an outside
consultant at the applicant's expense For third-party rcy icw of the report.
(ii) When a bulkhead or other stabilization structure has deteriorated such that the ordinary
high water mark has been established by the presence and action of water landward of the
existing bulkhead, then the replacement bulkhead or structure must be located at or landward
of the ordinary high water mark.
(iii) Repair of an existing bulkhead or other stabilization structure is permitted provided that
the repaired bulkhead or structure is not relocated further waterward or increased in height.
(iv) If an existing bulkhead or other stabilization structure is destroyed it may be replaced as
it existed prior to destruction, provided application for required permits is made within one
year of destruction. Additions to or increases in size of existing shoreline stabilization
measures shall be considered new structures.
(v) Soft -shoreline stabilization measures that provide restoration of shoreline ecological
functions may be permitted waterward of the ordinary high water mark.
(vi) The project satisfies the provisions of FWRC 15.05.040(5)(b).
(c) Creation of new lots shall be prohibited where development and use on new lots would
require structural shoreline stabilization over the life of the development. The following
standards shall apply to new development.
(i) New development that would require shoreline stabilization which causes significant
impacts to adjacent or down -current properties and shoreline areas should not be allowed.
(ii) New development, including newly created parcels, is required to be designed and
located to prevent the need for future shoreline stabilization as documented by a geotechnical
analysis.
(iii) New development on steep slopes and bluffs is required to be set back sufficiently to
ensure that shoreline stabilization is unlikely to be necessary during the life of the project as
demonstrated by a geotechnical analysis.
(2) Piers, docks, floats, and mooring buoys. Piers, docks, floats, and mooring buoys may be
Ordinance No. 19- Page 29 of 68
permitted in the shoreline residential and urban conservancy environments subject to the following
conditions:
(a) Public piers and docks shall only be allowed for water -dependent uses and public access
subject to a shoreline conditional use permit and the following criteria:
(i) Public's need for such a structure is clearly demonstrated;
(ii) The project, including any required mitigation, will result in no net loss of ecological
functions associated with critical salt water habitat;
(iii) The project is consistent with the state's interest in resource protection and species
recovery; and
(iv) Moorage at public docks is limited to recreational purposes and shall not extend more
than one 24-hour period. Public docks may not be used for commercial or residential
moorage.
(b) Residential piers, docks, floats, or mooring buoys may be permitted accessory to a single-
family residence, or as common use facilities associated with a subdivision, short subdivision, or
multifamily development, in accordance with this chapter and the following limitations:
(i) Residential mooring buoys are preferred over docks and piers on the Puget Sound
shoreline. Applicants for a residential dock or pier on the Puget Sound shoreline must
demonstrate why a mooring buoy will not provide adequate moorage for recreational
watercraft.
(ii) No more than one pier, dock, float, or mooring buoy for each existing residential lot is
permitted.
(iii) New residential developments of two or more units, subdivisions, or short subdivisions
shall be limited to one shared dock or pier.
(A) The total number of moorage spaces shall be limited to one moorage space for every
dwelling unit up to four. For each two dwelling units after four, one additional moorage
space is permitted.
(c) All docks and piers shall be subject to the mitigation requirements per FWRC 15.05.040(1)
and will result in no net loss of ecological functions associated with critical salt water habitat. A
preliminary eelgrass survey as specified under the Army Corps of Engineers, Regional General
Permit, RGP 6 shall be required for new docks or piers on the Puget Sound shoreline.
(d) No dwelling unit may be constructed on a pier or dock.
Ordinance No. 19- Page 30 of 68
(e) No covered pier, covered dock, covered moorage, covered float, or other covered structure is
permitted waterward of the ordinary high water mark.
(f) Piers, docks, mooring buoys, or floats shall meet the side and rear yard setbacks of the
underlying zoning classification, except in the case of shared facilities, in which case no side
yard setback is required.
(g) All piers, docks, mooring buoys, floats, or other such structures shall not, during the course of
the normal fluctuations of the elevation of the water body, protrude more than five feet above the
surface of the water.
(h) Floats cannot rest on the tidal substrate at any time. Stoppers on the piling anchoring the
floats or stub piling must be installed such that the bottom of the flotation device is at least one
foot above the level of the substrate.
(i) Any pier, dock, mooring buoy, or float must be constructed out of materials that will not
adversely affect water quality. Use of chemically treated wood is prohibited in fresh water lake
shorelines. Use of creosote treated wood is prohibited in marine shorelines.
0) Any new pier or dock must be located generally perpendicular to the shoreline, and oriented to
minimize shading impacts to the maximum degree feasible.
(k) Live -aboard vessels are prohibited except temporary habitation on a vessel is permitted only
in a cabin under the hull and only provided that such habitation shall not create a public health
hazard or nuisance and this habitation shall not exceed 14 days within any six-month period.
Moorage not associated with residential development may not extend greater than one 24-hour
period without a lease from the Washington Department of Natural Resources.
(1) Pier and dock dimensions and grating, marine shorelines.
(i) Where authorized by this chapter, piers and docks located on marine shorelines shall be
the minimum size required to provide for moorage. Single-family piers or docks shall not
exceed 75 feet in length measured perpendicularly from the OHWM. Shared moorage may
extend up to 100 feet in length if demonstrated to be necessary to provide adequate moorage.
Docks that cannot meet this standard may request a review under the variance provisions of
this program.
(ii) The maximum width of each pier or dock shall be six feet.
(iii) The maximum width of walkway ramps shall be four feet and shall be fully grated.
(iv) The decking of all piers and docks shall be designed to allow a minimum of 45 percent
light passage. This maybe accomplished through grated decks, space between decking, light
Ordinance No. 19- Page 31 of 68
prisms, or other means.
(v) Pier skirting is not permitted.
(m) Pier and dock dimensions and grating, lake shorelines.
(i) The maximum waterward intrusion of any portion of any pier or dock shall not extend
further waterward than the average length of the piers or docks on lots abutting the location
of the new dock as measured perpendicularly from the ordinary high water mark unless an
alternative dimension is required in order to prevent impacts to critical areas. In no
circumstances shall the maximum waterward intrusion of any portion of any pier or dock
extend more than 36 feet from the ordinary high water mark, or the point where the water
depth is eight feet below the elevation of the ordinary high water mark, whichever is reached
first.
(ii) The maximum width of each pier or dock shall be six feet, or up to eight feet wide on
joint -use docks where additional mitigation is provided.
(iii) The decking of all piers and docks shall be designed to allow a minimum of 45 percent
light passage. This may be accomplished through grated decks, space between decking, light
prisms, or other means.
(n) Floats are limited under the following conditions:
(i) One float per single-family residence and no more than one common use float for each
new multifamily development, short subdivision, or subdivision is permitted.
(ii) No portion of a float shall be placed more than 45 feet waterward of the ordinary high
water mark on lake shorelines.
(iii) Retrieval lines shall not float at or near the surface of the water.
(iv) No float shall have more than 100 square feet of surface area.
(v) Floats shall use grating on at least 30 percent of their surface to allow light penetration.
(3) Boating facilities — launching ramps, rails, and lift stations.
(a) Launching ramps, rails, and lift stations may be permitted in parks and public access areas in
the shoreline residential and urban conservancy environments subject to a shoreline conditional
use permit, where authorized by FWRC 15.05.070 through 15.05.090. The following conditions
shall apply:
(i) No portion of a launching ramp, rail, or lift station shall be placed more than 60 feet
Ordinance No. 19- Page 32 of 68
waterward of the ordinary high water mark.
(ii) All portions of a launching ramp, rail, or lift station shall be placed at a depth not to
exceed eight feet below the ordinary high water mark.
(iii) Launching rails or ramps shall be anchored to the ground through the use of tie -type
construction. Asphalt, concrete, or other ramps, which solidly cover the bottom or bed of a
water body, are prohibited.
(iv) No more than one launching ramp, rail, or lift station per shoreline development shall be
permitted.
(v) Launching ramps, rails, or lift stations shall not be permitted for shoreline developments
that have an existing pier, dock, float, mooring buoy, or other functional moorage. Piers,
docks, floats, or other forms of moorage shall not be permitted for shoreline developments
that have existing launching ramps, rails, or lift stations.
(vi) Launching ramps, rails, and lift stations shall be sited and designed to ensure protection
of navigation routes and access; shall be aesthetically compatible with or enhance existing
shoreline features; and shall be clearly marked and separated from nearby swimming areas.
(vii) On -shore facilities associated with public boating facilities shall provide adequate off-
street parking and loading area, and have adequate facilities for handling of sewage and litter.
(4) Breakwaters, jetties and groins.
(a) Floating breakwaters are permitted in the shoreline residential and urban conservancy
environments, with a conditional use permit, when the following conditions apply:
(i) Floating breakwaters may be allowed if necessary to protect a public boat launch, when no
other alternative with less impact to the environment is feasible.
(ii) When permitted, development of floating breakwaters shall include mitigation measures
consistent with this chapter as to ensure no net loss of ecological function.
(iii) Nonfloating breakwaters are prohibited.
(b) Jetties are prohibited within all shoreline environments in the city.
(c) Groins are prohibited in all shoreline environments in the city.
(5) Dredging and filling.
Ordinance No. 19- Page 33 of 68
(a) Dredging.
(i) Dredging activities in shoreline residential or urban conservancy environments require a
conditional use permit. Dredging is not permitted in the natural environment.
(ii) Dredging activities are allowed only where necessary to protect public safety or for
shoreline restoration activities.
(iii) Dredging is allowed only where an alternative alignment that would not require dredging
is not feasible.
(iv) Where allowed, dredging operations must be scheduled so as to not damage shoreline
ecological functions or processes.
(v) Where allowed, dredging operations shall avoid and minimize significant ecological
impacts to the greatest extent feasible, and shall be mitigated as required by this chapter.
(vi) Siting and design of new development shall avoid the need for new and maintenance
dredging.
(vii) Dredging for fill materials shall be prohibited, except for projects associated with
MTCA or CERCLA remediation actions, habitat restoration, or any other significant
restoration effort approved by a shoreline conditional use permit. In such instances,
placement of dredged fill material must be waterward of the OHWM.
(b) Filling.
(i) Fill activities waterward of the ordinary high water mark shall only be allowed with a
shoreline conditional use permit in association with allowed (permitted) water -dependent use
developments; public access; clean-up and disposal of contaminated sediments as part of an
interagency environmental clean-up plan; disposal of dredged material in accordance with the
DNR Dredged Material Management Program, or expansion or alteration of transportation
facilities of statewide significance currently located on the shoreline (if alternatives to fill are
shown not feasible). Fill waterward of the ordinary high water mark associated with non -
water -dependent uses shall be prohibited.
(ii) Fill waterward of the ordinary high water mark needed to support the following water -
dependent uses may be allowed through a conditional use permit in the shoreline residential
and urban conservancy environments:
(A) Public access;
(B) Expansion, alteration, or repair of transportation facilities currently located within the
shoreline;
Ordinance No. 19- Page 34 of 68
(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 groundwater passage;
(C) Demonstration that fill materials shall be of such quality that they will not adversely
affect water quality;
(D) Demonstration that fill shall allow surface water penetration into the groundwater
supply, where such conditions existed prior to the fill; and
(E) Demonstration that fill timing will minimize damage to water quality and aquatic life.
(iv) Fill, except for beach nourishment, shall be prohibited in areas of high shoreline erosion
potential.
(v) Fill located waterward of the ordinary high water mark that results in a net loss of shoreline
function is prohibited.
Section 7. FWRC 15.05.070 is hereby amended to read as follows:
15.05.070 Summary of uses, approval criteria, and process.
(1) Uses not addressed in the program shall be conditional uses.
(2) Specific regulations for each use/development are provided in subsequent sections for shoreline
residential (FWRC 15.05.080), urban conservancy (FWRC 15.05.090), and natural (FWRC
15.05. 100) environments. All permitted and conditional uses may not appear in the permitted use
table (subsection (5) of this section). In cases where uses are not listed, or conflicts exist with other
section(s) of the program, the text provisions shall control.
(3) Prohibited uses.
Ordinance No. 19- ___ Page 35 of 68
(a) The following uses are prohibited in all shoreline environments:
(i) Commercial agriculture.
(ii) Aquaculture.
(iii) Forest practices.
(iv) Industrial uses.
(v) Mining.
NO Floating homes.
(vii) Floating on -water residences are prohibited unless the owner or primary occupant has
held an ownership interest ins ace in a marina or has held a lease or sub -lease to uses ace
in a marina since a date prior to July 1, 2014.
(viii) Live -aboard vessels except as allowed by FWRC 15.05.050(2)(k).
(b) Additional uses are prohibited in specific shoreline environments, as detailed by the
permitted use table and FWRC 15.05.080, 15.05.090, and 15.05.100.
(4) Prohibited shoreline modifications.
(a) The following shoreline modifications are prohibited in all shoreline environments:
(i) Jetties.
(ii) Groins.
(b) Additional shoreline modifications are prohibited in specific shoreline environments, as
detailed by the permitted use table and FWRC 15.05.080, 15.05.090, and 15.05.100.
(5) Permitted use table. The following table summarizes the permitted, conditional, and prohibited
uses for each shoreline environment:
Shoreline Environment
Shoreline Modification
Shoreline Residential
Urban Conservancy
Natural
Shoreline Stabilization'
P
P/Cz
X
Piers and Docks
P/C3
P/C'
X
Mooring Buoys and Floats
P
P
X
Ordinance No. 19- Palge 36 of 68
Boating Facilities
C
C4
X
Floating Breakwaters4
C
X
X
Dredging and Filling
P/C'
P/C'
X
Shoreline Use
Shoreline Residential
Urban Conservancy
Natural
Office and Commercial
Development
X
C
X
Recreational Development
P
P
P/X1
Residential Development
P
P
Cs
Accessory Structures
P
P
C
Utilities
P
P
C
Transportation/Parking
Facilities?
P
P
C
P = Allowed as exempt from permitting or permitted with substantial development permit
C = May be allowed with shoreline conditional use permit
X = Prohibited
1. Includes bulkheads, bio -engineered erosion control projects, and other shoreline stabilization activities.
2. Soft -shore stabilization is permitted and hard armoring (e.g., bulkheads, riprap) is subject to a shoreline conditional use permit.
3. Public piers and docks are allowed with a CUP.
4. Floating breakwaters are allowed with a shoreline conditional use permit, and only when used to protect a public boat launch.
Nonfloating breakwaters are prohibited.
5. Dredging and all fill waterward of the OHWM requires a conditional use permit.
6. Solid waste transfer stations and cellular towers are prohibited in all shoreline environments.
7. Parking as a primary use is prohibited in all shoreline environments, but allowed if serving an allowed shoreline use.
8. Multifamily residential development is prohibited within the natural environment.
9. Non -water -oriented recreational development is prohibited in the natural environment.
(6) Standards table. The following table summarizes siting, design, and dimensional standards of
this program, as specified within FWRC 15.05.040, 15.05.050, 15.05.080, 15.05.090, and 15.05. 100
for general shoreline regulations, shoreline modifications, and shoreline uses:
Shoreline Environment
Shoreline Residential
Urban Conservancy
Natural
General standards for all development and uses
(further detailed by specific use regulations below)
Height]
35 feet
35 feet
35 feet
Shoreline setbacks
50 feet from OHWM or
50 feet from OHWM or
100 feet from OHWM or
as required for protection
as required for protection
as required for protection
of critical areas,
of critical areas,
of critical areas,
whichever is greater
whichever is greater
whichever is greater
Vegetation conservation
Conserve 70%
Conserve 85%
Conserve 100% of native
area
(minimum) of native
(mimmu n) of native
vegetation and 100% of
vegetation and 70%,
vegetation and 80%
native trees in setback
(minimum) of native trees
(minimum) of native trees
in setback
in setback
Ordinance No. 19- Page 37 of 68
Shoreline Environment
Shoreline Residential
Urban Conservancy
Natural
Office and commercial development
Shoreline setbacks'
75 feet from OHWM or
as required for protection
of critical areas,
N/A (Prohibited)
whichever is greater'
N/A (Prohibited)
Associated overwater
Prohibited, unless
structures
providing public access
Shoreline setbacks'
Single -family: 50 feet
Single -family: 50 feet
Single -family only,
from OHWM or as
from OHWM or as
subject to CUP: 100 feet
required for protection of
required for protection of
from OHWM or as
critical areas, whichever
critical areas, whichever
required for protection of
is greater'
is greater'
critical areas, whichever
Multifamily: 75 feet from
(no multifamily zoning in
is greater
OHWM or as required
this environment)
for protection of critical
areas, whichever is
greaten
Density
Subject to underlying
Subject to underlying
Subject to underlying
zoning (typically 7,000 to
zoning
zoning (5-acre minimum
10,000 sq. ft. minimum
lot size)
lot size; limited areas of
multifamily residential
zoning, 1,800 sq. ft.
minimum lot size)
Residential accessory structures within the required shoreline setback
Height
8 feet
8 feet
8 feet
Maximum footprint
150 sf per structure;
150 sf per structure;
150 sf per structure4;
300 sf total per lot
300 sf total per lot
300 sf total per lot
Shoreline Modifications
Shoreline stabilization' (FWRC 15.05.070)
Design requirements
• Nonstructural alternatives prioritized
• Creation of new land prohibited
• Located at or landward of ordinary high water
• Marine: creosote prohibited
• Fresh water: chemically treated wood prohibited
N/A (Prohibited)
• Revegetation with native plants required
• Maximum height is l foot above elevation of mean
lei lr� t 'F• (t!ti !-ordinary high water (lakes)
Lill(] n1111I111111':I
1;PIa1CtIIICttil (II' til Iles;o1_
Ordinance No. 19- Page 38 of 68
Shoreline Environment
Shoreline Residential
Urban Conservancy
Natural
._'V1_Mi_m}_1M nccc.s_:trV bulkhead h6 -,ht
n•yuINTIW11t, 11111 S! bo ,<<Iii)oi-ted by both recorded
ti i:il UX10 ; 31t1.:- c+.tc�?inn . ii documentation by a
qualili<<.1 1'r+.,f���i�:nt�El.
Piers, docks, mooring buoys, and floats (FWRC 15.05.050(2))
Side yard setbacks
Consistent w/underlying zoning, except none when
joint use
Maximum height
Above water surface level: 5 feet
Siting and design
• Dwelling units prohibited on piers and docks
requirements
• Covered over -water structures prohibited
• Piers and docks oriented perpendicular to the
shoreline
• Piers and docks: must be constructed from
materials that allow light penetration through the
structure
N/A (Prohibited)
• Marine: creosote prohibited
• Fresh water: chemically treated wood prohibited
• Public dock moorage limited to recreational uses
• 1 dock per existing residential lot
• 1 shared dock per new multifamily development,
subdivision, or short subdivision (additional
limitations on number of moorage spaces)
• 1 float per existing residence/1 shared dock per new
multifamily development/subdivision/short
subdivision
Pier and dock dimensions,
• Residential piers and docks: maximum waterward
lake shorelines
intrusion: based on average length of nearest existing
docks on either side of the proposed dock; never to
exceed 36 feet from OHWM or length at 8 feet of
depth below OHWM, whichever is reached first
• 6 -foot maximum dock width (8 -foot for joint use)
N/A (Prohibited)
Pier and dock dimensions,
• Maximum waterward intrusion from OHWM 75 -
marine shorelines
100 feet depending on use
• 6 -foot maximum dock width
• Minimum 45% transparency of decking
Float dimensions and
• Maximum waterward intrusion: 45 feet from
standards
OHWM on lakes
• Maximum surface area: 100 sq. ft.
• Use of grating on at least 30% of surface area
Boating facilities - launching ramps, rails, and lift stations (FWRC 15.05.050 (3)
Ordinance No. 19- Page 39 of 68
Shoreline Environment
Shoreline Residential
Urban Conservancy
Natural
Dimensions and standards
• No more than 60 feet waterward from OHWM
• No more than 8 feet below OHWM
• No more than 1 ramp per shoreline development
• Shall not be allowed for developments with existing
N/A (Prohibited)
pier, dock, float, or other functional moorage. Piers,
docks, floats, or other forms of moorage shall not be
permitted for developments with existing launch
facilities.
1. Maximum heights may be increased pursuant to the shoreline environment -specific regulations of this program (FWRC
15.05.080(3), 15.05.090(3), and 15.05.100(3)).
2. Please refer to the shoreline environment -specific regulations of this program for additional detail related to residential
setbacks, including exceptions or modifications to the standard minimum setback (FWRC 15.05.080(3), 15.05.090(3), and
15.05.100(3)).
i SL 511 i� —]Ir;: l' s.ctalinn Consci�,al oii Suix1 :rdc, tinder FWRC 15.05.075
•l i;r;: ill [}:P._rs L'011H'A lowa]-Lk _`.ii of IIik! ,..;1! tlit11111 fi: Cikil'+fll_I ililllti lilt 11 [.
ai,l approval crilcris ;srul �I .i_li r l uicii�cn in 11VRC' 15.05 050( t).
Section 8. FWRC 15.05.075 is hereby added to read as follows:
15.05.075 Shoreline ve etation conservation standards.
1) Purvose, VeEetation conservation oro%-Ide a means to conserve, protect, and restore sllorclirte
vegetation in order to provide for ecological and habitat functions. as well as human health and safety.
Vegetation conservation areas shall consist of a non -clearing area establi sltek-1 to protect the integrity,
functions and values of the affected critical area or shoreline, but may also be modified and reduced
to accommodate allowed uses when consistent with the Act and this pro rg am.
(2) Tree removal and retention
(a) Trees determi ii ed by the city to be hazardous or diseased may be removed.
(b) Tree Retentlo11 Staii&,ir(ls iii the ShorcIIiic Setback -- -I"Ile Director or cl;.si ,iiee iiia Y i-ecl vire
site plan alterations to retain trees in the shoreline setback according to FWRC 19.120.130, Tree
Unit Credits Table. Such alterations include minor aditislineliis to the locahoji ole building
footprints, adjustments to the location of driveways and access ways, or adjustment to the
location of walkways, easements, or utilities. The applicant shall be encouraged to retain viable
trees in other areas on site.
(c) The Director may require:
(i) A site plait showina elle approximate location of existing trees, their size (diameter breast
Iteight) and their T cies,,alora�_, with the location of existin.; slructurestdriveways,access
ways and casetitciits and the proposed mipi,oveiiiews. oi,
Ordinance No. 19- Page 40 of 68
(ii) An arborist report stating the size (diameter breast heinllt ). species, and assessnient of
health of all existing trees located within the shoreline setback. -I'liis recluilnlellt may Uc
waived bythe director or designee_if it is_ deterliiiried that iopoacd dev irlicrlt activity will
not potentially impact existinitrees witliM the shol-eline setback.
(d) The Director inay approve ali altcrliative replacclrlent option ifan applicant caii dellionslr;t 4
that:
(i) It is not feasible to plarlt all of the required Initigatiorl trees in the slioreilii setb icl: ofrhe
subject property, given the existing tree canoliy CO1V cr,iLfe and location of trees on the
property, the location or structures nn fire pi -o ,erty, and minimum spacing; rec-uirelllews t'()[-
the
izrthe trees to be planted. or
ii) The required tree replacement will obslri i CNIS11T)" Xriews to elle regulaled shoreiilles, at
the time of_pl:lllt 11LI.01' L!t_7C]Il future �-,rowth that Cannot otherwise be Mitl,.Kited throe h� tree
placclllelit nr rli.,linrenance activities. The applicant shall be responsible for providing
sufficient information to the city to determine whether the tree replacement will obstruct
existing views to the regulated sliorelines, or
( iii) The alternate replacement optic?ii is cggr i_l to or superior to the prov1,,,Ions of tliis section
117 accolllpllsl11llu, the purpose 111d 111tcrlt Lll In lllllaII71I1 shoreline ecc)IoLIca1 functions and
processes by replacingdisea_sed, nuisaiwe, or fallen lrecs at a ratio of 2:1, or
i i v) The alternative p ii—i-is consistent with the standards 1?rovided M this sltbsectloli. Bice the
(I I I -cc t or Or Cicsif°Iice 1171]rotiL's the plaIl C1I Illi 7ose> 4C111C1111o17, IU l}iL l.\lClli i Ic, C tl ItiLilco
the plan consistent witli (lie provisions. If the alternative mitigation is demod, the applic Int
shall be Ii4onned of the deficiencies that caused its disapproval so as to pros- ide gulclance for
its revision and re -submittal.
(3) Ressyoirsihiliu forRezilur Meiinlenwice. The applicant. Iandowner, or successors in interest shall
be re`p }n.,sible for the regular 111ainteliance- of vegetati(,)-LLe�luired under this section. Plants that die
nlust be replaced in kind or with similar olants contained on the King C oulity Native Plant List. or
other native or shoreline appropriate species apIll-oye d by [lie (III-CCI,OF, or desigllk ic,
(a) All required vegetation must be maintained throe out the life of the development.
(b )_1'1 tzitiiiQs shall occur in the late fall or early spring to ensure a higher survival rate and shall
address the plant installation and maintenance requirements set forth in FWRC 19.120.220,
Reyeget,,iuoii anti 1 Q.120.2 0. Performance assurance. Performance and maintenance standards
of minimum two-�e-llr Inailltcn.►nce Lend niav be required. Plant materials shall be identified
Ordinance No. 19- Page 41 of 68
with both their scientific and common names. Any required irrigation system must also be
shown.
Section 9. FWRC 15.05.080 is hereby amended to read as follows:
15.05.080 Shoreline residential environment.
(1) Purpose. The purpose of the "shoreline residential" environment is to accommodate residential
development and appurtenant structures that are consistent with this chapter. An additional purpose
is to provide appropriate public access and recreational uses.
(2) Designation criteria. Designation criteria for the shoreline residential environment are provided
in the city's shoreline master program.
(3) General requirements.
(a) Development waterward of the ordinary high water mark is prohibited except water -
dependent recreational uses, permitted shoreline modifications, and public utilities.
(b) No structure shall exceed the height allowed by the underlying zoning or 35 feet above
average grade level, whichever is less.
(i) This requirement may be modified if the view of any neighboring residences will not be
obstructed, if permitted by the applicable provisions of the underlying zoning, and if the
proposed development is water -related or water -dependent. For any proposed structure with a
height exceeding 35 feet, a view analysis shall be completed and approved by the city to
ensure that visual public access is not affected consistent with FWRC 15.05.040(7).
(c) All development shall be required to provide adequate surface water retention, erosion
control, and sedimentation facilities during the construction period.
(d) Setbacks. Development shall maintain a minimum shoreline setback of the first 50 feet of
property landward from the ordinary high water mark, or other designated minimum setback
necessary to protect designated critical areas per FWRC 15.05.040(4), whichever is greater. This
minimum setback area shall be retained as a vegetation conservation area, subject to provisions
referenced in subsection (3)(e) of this section.
(e) Vegetation conservation area. The required setback area shall be considered a vegetation
conservation area. Within the vegetation conservation area, no more than 30 percent of the area
with existing native shoreline vegetation shall be cleared, and a minimum of 70 percent of
existing native trees shall be retained. See FWRC 15.05.075, Shoreline setback vegetation
conservation standards for submittal requirements. Trees deteigiiined Iv.,, the eity to "e lifizardot6
or- diseased niay be re ed. Additioiia1l., the direcier- iEi E+114'a.W R
Ordinance No. 19- Page 42 of 68
:cg i1aE de .,,, ,,n .,,, , .1,,; ,,,,, ,`,-� +, .,In s.,,�e �.�1.,,zti�s z�,e
.7e„-v.onst,- tedto ii'o t°ci:�a �'l.'11.'.iiE to p s than. ,i1 l be r,-.,yided
-t'
(f) Impact mitigation. All developments and uses shall result in no net loss of ecological
functions and shall be consistent with the impact mitigation requirements of FWRC
15.05.040(1).
(g) Collection facilities to control and separate contaminants shall be required where stormwater
runoff from impervious surfaces would degrade or add to the pollution of recipient waters of
adjacent properties.
(h) All development in the shoreline residential area must comply with applicable regulations
identified within the general development standards, shoreline modifications, and all other
applicable sections of this chapter.
(4) Shoreline modifications.
(a) Allowed modifications to the shoreline within shoreline residential designated areas include
the following:
(i) Shoreline stabilization. Allowed within the shoreline residential designated areas under
the requirements imposed by FWRC 15.05.040 and 15.05.050(1).
(ii) Piers and docks. Allowed within shoreline residential designated areas under the
requirements imposed by FWRC 15.05.040 and 15.05.050(2).
(iii) Mooring buoys and floats. Allowed within shoreline residential designated areas under
the requirements imposed by FWRC 15.05.040 and 15.05.050(2).
(iv) Boating facilities — launching ramps, rails, and lift stations. Permitted with a conditional
use permit in parks and public access areas within the residential environment under the
requirements imposed by FWRC 15.05.040 and 15.05.050(3).
(v) Breakwaters. Floating breakwaters are allowed within the shoreline residential areas with
a shoreline conditional use permit under the requirements imposed by FWRC 15.05.040 and
15.05.050(4).
(vi) Dredging and filling. Allowed within shoreline residential designated areas with a
shoreline conditional use permit under the requirements imposed by FWRC 15.05.040 and
15.05.050(5).
(b) Prohibited modifications to the shoreline within shoreline residential designated areas include
the following:
Ordinance No. 19- Page 43 of 68
(i) Jetties and groins.
(5) Shoreline uses.
(a) Allowed uses within shoreline residential designated areas include the following:
(i) Residential development. Single-family residential use shall be a priority use in the
shoreline environment. Single-family and multiple -family residential development, accessory
dwelling units, and home occupations may be permitted in the shoreline residential
environment subject to the following:
(A) The proposed use is permitted in the underlying zone classification.
(B) Residential development is prohibited waterward of the ordinary high water mark.
(C) Setbacks.
(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 and marine shorelines shall maintain a
minimum setback behind the stringline setback or 50 feet from the ordinary high
water mark, whichever is greater. If the site contains one or more designated critical
areas, the setback shall be the minimum necessary to protect such designated critical
areas per FWRC 15.05.040(4), or the stringline setback, or 50 feet from the ordinary
high water mark, whichever is greater. Where critical area setbacks do not apply, the
standard 50 -foot minimum setback may be modified pursuant to the following
exception:
(a) If single-family residential development is proposed on a lot where properties on
at least one side of the lot are developed in single-family residences located less than
50 feet from the ordinary high water mark, then the proposed residential development
maybe located the same distance from the ordinary high watermark as the adjacent
residences (using the stringline setback method as defined in FWRC 15.05.030), but
shall in no case be closer than 30 feet from the ordinary high water mark.
(II) Multifamily residential development on marine shorelines shall maintain a
minimum setback of 75 feet from the ordinary high water mark. Multifamily
residential development on lake shorelines shall maintain a minimum setback behind
the stringline setback or 75 feet from the ordinary high water mark, whichever is
greater. If the site contains one or more designated critical areas, the setback shall be
the minimum necessary to protect such designated critical areas per FWRC
15.05.040(4), or the stringline setback, or 75 feet from the ordinary high water mark,
Ordinance No. 19- Page 44 of 68
whichever is greater. Where critical area setbacks do not apply, the standard 75 -foot
minimum setback may be modified pursuant to the following exception:
(a) If multifamily residential development is proposed on a lot where properties on at
least one side of the lot are developed in multifamily residential uses located less than
75 feet from the ordinary high water mark, then the proposed residential development
may be located the same distance from the ordinary high water mark as the adjacent
residential uses (using the stringline setback method as defined in FWRC 15.05.030)
but shall be no closer than 50 feet from the ordinary high water mark.
(D) Public access. In review of all shoreline permits or developments of more than four
residential lots or dwelling units, or subdivision of land into more than four lots,
consideration of public access shall be required consistent with FWRC 15.05.040(7).
(E) Where allowed consistent with underlying zoning, subdivision of land shall be
configured through the orientation of lots to:
(I) Prevent the loss of ecological functions at full build -out by providing adequate
developable space outside of setbacks; and
(II) Avoid the need for new shoreline stabilization and flood hazard reduction
measures.
(ii) Accessory structures. Residential accessory structures maybe placed within the required
shoreline setback, provided:
(A) No accessory structure shall cover more than 150 square feet.
(B) No more than 300 square feet of accessory structures shall be allowed.
(C) No accessory structure shall exceed eight feet in height.
(D) Existing native shoreline vegetation within the shoreline setback is conserved as per
general requirements in subsections (3)(d) and (e) of this section.
(iii) Recreational development. Recreational development may be permitted in the shoreline
residential environment subject to the general requirements of this chapter, provided:
(A) The recreational development is permitted in the underlying zone.
(B) The facilities are located, designed, and operated in a manner consistent with the
purpose of the residential environment.
Ordinance No. 19- Page 45 of 68
(C) Recreational development that provides public access to and use of the water shall be
given priority.
(D) Recreational development shall provide mitigation consistent with the general
requirements of this chapter and shall lead to no net loss of ecological functions.
(E) Swimming areas shall be separated from boat launch areas.
(F) Boat launching facilities may be developed, subject to a shoreline conditional use
permit, provided:
(I) The parking and traffic generated by such a facility can be safely and conveniently
handled by the streets and areas serving the proposed facility.
(II) The facility will not be located on a beach area or cause net loss in shoreline
function.
(G) Upland facilities constructed in conjunction with a recreational development shall be
set back and/or sited to avoid adverse impacts to the functions of the shorelines of the
city.
(H) Public pedestrian and bicycle pathways shall be permitted adjacent to water bodies.
Such trails and pathways must be made of pervious materials, if feasible.
(I) Public contact with unique and fragile areas shall be permitted where it is possible
without destroying the natural character of the area.
(J) Water viewing, nature study, recording, and viewing shall be accommodated by space,
platforms, benches, or shelter consistent with public safety and security.
(iv) Utilities. Utility facilities, with the exception of cellular towers, solid waste transfer
stations, and production and processing facilities, may be permitted in the shoreline
residential environment subject to the requirements of this chapter, provided:
(A) No other practicable alternative location outside of the shoreline jurisdiction with
less impact to the environment is available for the facility.
(B) Utility and transmission facilities shall:
(I) Avoid disturbance of unique and fragile areas.
(II) Avoid disturbance of wildlife spawning, nesting, and rearing areas.
Ordinance No. 19- Page 46 of 68
(III) Conserve native shoreline vegetation, particularly forested areas, to the
maximum extent possible.
(IV) Avoid 9overhead utility facilities she" net 1)e in public parks,
monuments, scenic, recreation, or historic areas.
(V) Minimize visual impact.
(VI) Harmonize with or enhance the surroundings.
(VII) Not create a need for shoreline protection.
(VIII) Utilize to the greatest extent possible natural screening.
(IX) Mitigate for unavoidable impacts to achieve no net loss of shoreline ecological
functions.
(X) Be located in existing utility and transportation rights-of-way whenever feasible.
(C) The construction and maintenance of utility facilities shall be done in such a way so
as to:
(I) Maximize the preservation of natural beauty and the conservation of resources.
(II) Minimize scarring of the landscape.
(III) Minimize siltation and erosion.
(IV) Protect trees, shrubs, grasses, natural features, and topsoil.
(V) Avoid disruption of critical aquatic and wildlife stages.
(D) Rehabilitation of areas disturbed by the construction and/or maintenance of utility
facilities shall:
(I) Be accomplished as rapidly as possible to minimize soil erosion and to maintain
plant and wildlife habitats.
(II) Utilize native trees and shrubs.
Ordinance No. 19- Page 47 of 68
(F) Cell laf o. -wireless towers .,.•a.�,�1�;1�;f� Lir§ll�iE3�13F}f'�1iflt �lfft c�fttlf3f�:
(v) Transportation and parking facilities. Transportation and parking, except parking
facilities associated with detached single-family development, shall conform to the following
minimum requirements:
(A) Transportation corridors shall be developed consistent with the transportation
element of the Federal Way comprehensive plan (FWCP) and designed to provide the
best service with the least possible impact on shoreline ecological function. Impacts to
functions shall be mitigated to achieve no net loss of ecological functions.
(B) New road construction shall be the minimum necessary to serve a permitted shoreline
use.
(C) New public transportation facilities shall provide turnout areas for scenic stops where
feasible.
(D) Parking facilities serving individual buildings on the shoreline shall be located
landward from the principal building being served, except when the parking facility is
within or beneath the structure and adequately screened, or in cases when an alternate
location would have less environmental impact on the shoreline.
(E) New surface transportation facilities not related to and necessary for the support of
shoreline activities shall be located outside the shoreline jurisdiction if possible, or set
back from the ordinary high water mark far enough to make protective measures such as
riprap or other bank stabilization, landfill, or substantial site regrade unnecessary.
(F) Maintenance, repair, replacement, or other roadway improvements (including but not
limited to widening to serve existing or projected volumes, installation of curb and
gutter, sidewalks, illumination, signals) to existing surface transportation facilities shall
be allowed within shoreline residential designated areas. Improvements that create a need
for protective measures such as riprap or other bank stabilization, landfill, or substantial
site regrade shall not be permitted unless no alternative exists and impacts to shoreline
ecological functions are mitigated.
(G) Any new development or expansion of existing development creating greater than six
total parking stalls must meet the water quality standards required by the King County
surface water manual for "high use" sites and "resource stream protection."
(H) Outdoor parking area perimeter, excluding entrances and exits, must be maintained
as a planting area with a minimum width of five feet.
Ordinance No, 19- Page 48 of 68
(I) One live tree with a minimum height of four feet shall be required for each 30
linear 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.
(III) Additional perimeter and interior landscaping of parking areas may be required,
at the discretion of the director, when it is necessary to screen parking areas or when
large parking areas are proposed.
(I) Parking as a primary use in shoreline jurisdiction shall be prohibited.
(J) Parking in the shoreline jurisdiction shall directly serve a permitted shoreline use and
environmental and visual impacts shall be minimized.
(K) Transportation and parking facilities for subdivision, multifamily residential, and
commercial uses shall incorporate low impact development (LID) designs to minimize
stormwater runoff.
(L) Transportation facilities shall not adversely impact existing or planned water -
dependent uses.
(b) In addition to those uses prohibited in all shoreline environments by FWRC 15.05.070(3), the
following uses are prohibited uses within shoreline residential designated areas:
(i) Office and commercial development.
Section 10. FWRC 15.05.090 is hereby amended to read as follows:
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, floodplain, and other sensitive lands where they exist in urban
and developed settings, while allowing a variety of compatible uses. Priority should be given to
water -oriented uses over non -water -oriented uses in the urban conservancy environment. Residential
development and appurtenant structures should be accommodated in the urban conservancy
environment when consistent with existing land use and zoning, and when consistent with this
chapter. An additional purpose is to provide appropriate public access and recreational uses.
(2) Designation criteria. Designation criteria for the urban conservancy environment are provided in
the city's shoreline master program.
Ordinance No. 19- Page 49 of 68
(3) General requirements.
(a) Development waterward of the ordinary high water mark is prohibited except water -
dependent recreational uses, permitted shoreline modifications, and public utilities.
(b) No structure shall exceed the height allowed by the underlying zoning or 35 feet above
average grade level, whichever is less. This requirement may be modified if the view of any
neighboring residences will not be obstructed, if permitted by the applicable provisions of the
underlying zoning, and if the proposed development is water -related or water -dependent. For any
proposed structure with a height exceeding 35 feet, a view analysis shall be completed and
approved by the city to ensure that visual public access is not affected consistent with FWRC
15.05.040(7).
(c) All development shall be required to provide adequate surface water retention and
sedimentation facilities during the construction period.
(d) Setbacks. Development shall maintain a minimum shoreline setback of the first 50 feet of
property landward from the ordinary high water mark or other designated minimum setback
necessary to protect designated critical areas per FWRC 15.05.040(4), whichever is greater. This
minimum setback area shall be retained as a vegetation conservation area, subject to provisions
referenced in subsection (3)(e) of this section.
(e) Vegetation conservation area. The required setback area shall be considered a vegetation
conservation area. Within the vegetation conservation area, no more than 15 percent of the area
with existing native shoreline vegetation shall be cleared, and a minimum of 80 percent of
existing native trees shall be retained. See FWRC 15.05.075. Shoreliiic sciback ve retg anon
conserv.,itloll stt}liclar-Cls fc7r "11h 3ittal i�equircinents. k ' °^ be haz.,rdeuc
of d.. ea. ed may he --removed, \dd1tieFmfl1v, E'eriovi l of vec iet.-},t -e-a
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(f) Impact mitigation. All developments and uses shall result in no net loss of ecological
functions and shall be consistent with the impact mitigation requirements of FWRC
15.05.040(1).
(4) Shoreline modifications.
(a) Allowed modifications to the shoreline within urban conservancy designated areas include the
following:
(i) Shoreline stabilization. Allowed within urban conservancy designated areas under the
requirements imposed by FWRC 15.05.040 and 15.05.050(1).
Ordinance No. 19- Page 50 of 68
(ii) Piers and docks. Allowed within urban conservancy designated areas under the
requirements imposed by FWRC 15.05.040 and 15.05.050(2).
(iii) Mooring buoys and floats. Allowed within urban conservancy designated areas under the
requirements imposed by FWRC 15.05.040 and 15.05.050(2).
(iv) Boatingfacilities — launching ramps, rails, and lift stations. Permitted with a shoreline
conditional use permit in parks and public access areas within the urban conservancy
environment under the requirements imposed by FWRC 15.05.040 and 15.05.050(3).
(v) Breakwaters. Floating breakwaters are allowed within the urban conservancy designated
areas with a shoreline conditional use permit under the requirements imposed by FWRC
15.05.040 and 15.05.050(4).
(vi) Dredging and filling. Allowed within urban conservancy designated areas with a
shoreline conditional use permit under the requirements imposed by FWRC 15.05.040 and
15.05.050(5).
(b) Prohibited modifications to the shoreline within urban conservancy designated areas include
the following:
(i) Jetties and groins.
(5) Shoreline uses.
(a) Allowed uses within urban conservancy designated areas include the following:
(i) Residential development. Allowed within urban conservancy designated areas under the
requirements imposed within FWRC 15.05.080(5)(a)(1), with the following additional
restrictions:
(A) Setbacks. Residential development on marine shorelines shall maintain a minimum
setback of 50 feet from the ordinary high water mark, or other established minimum
setback necessary to protect designated critical areas per FWRC 15.05.040(4), whichever
is greater. Residential development on lake shorelines shall maintain a setback behind the
stringline setback, or 50 feet from the ordinary high water mark, or other established
minimum setback necessary to protect designated critical areas per FWRC 15.05.040(4),
whichever is greater. Exceptions to minimum setback requirements included in FWRC
15.05.080(5)(a)(1)(C), for both single-family and multifamily development, shall apply.
(B) Accessory structures. Allowed within urban conservancy designated areas under the
requirements imposed by FWRC 15.05.080(5)(a)(ii).
Ordinance No. 19- Page 51 of'68
(ii) Recreational development. Recreational development may be permitted in the urban
conservancy environment subject to the general requirements of this chapter and under the
requirements imposed by FWRC 15.05.080(5)(a)(iii).
(iii) Utilities. Allowed within urban conservancy designated areas under the requirements and
restrictions imposed by FWRC 15.05.080(5)(a)(iv).
(iv) Transportation and parking facilities. Allowed within urban conservancy designated
areas under the requirements imposed by FWRC 15.05.080(5)(a)(v).
(v) Office and commercial development. Office and commercial development may be
allowed with conditional use approval in the urban conservancy environment subject to the
requirements of this chapter, provided:
(A) The office or commercial use or activity is permitted in the underlying zoning
classification.
(B) Public access is provided consistent with the requirements of FWRC 15.05.040(7).
(C) Non -water -oriented office and commercial uses are prohibited uses unless they meet
one or more of the following criteria:
(I) The use is part of a mixed-use project that includes water -dependent uses and
provides a significant public benefit such as providing public access and/or
ecological restoration; or navigability is severely limited at the proposed site.
(II) In areas designated for commercial use, non -water -oriented commercial
development maybe allowed if the site is physically separated from the shoreline by
another property or public right-of-way.
(III) Office and commercial development will not result in a net loss of shoreline
ecological functions or have significant adverse impact to other shoreline uses,
resources, and values provided for in RCW 90.58.020 such as navigation, recreation,
and public access.
(D) Office and commercial development on marine shorelines shall maintain a setback of
75 feet from the ordinary high water mark, or other established minimum setback
necessary to protect designated critical areas per FWRC 15.05.040(4), whichever is
greater. Office and commercial development on lake shorelines shall maintain a setback
behind the stringline setback, or 75 feet from the ordinary high water mark, or other
established minimum setback necessary to protect designated critical areas per FWRC
Ordinance No. 19- Page 52 of 68
15.05.040(4), whichever is greater. The minimum setback may be reduced using the
stringline method, when applicable, but in no case shall the minimum setback be less
than 50 feet from the ordinary high water mark.
(E) Piers, docks, moorages, buoys, floats, and launching facilities will not be permitted in
conjunction with office or commercial development; unless they are developed as part of
on-site public access to the shoreline.
(F) Additional water quality standard must be met as per FWRC 15.05.040(3).
Section 11. FWRC 15.05. 100 is hereby amended to read as follows:
15.05.100 Natural environment.
(1) Purpose. The purpose of the "natural environment" is to protect those shoreline areas that are
relatively free of human influence, or that include intact or minimally degraded shoreline functions
intolerant of human use. These systems require that only very low intensity uses be allowed in order
to maintain ecological functions and ecosystem -wide processes. Consistent with the policies of the
designation, the city shall plan for restoration of degraded shorelines within this environment.
(2) Designation criteria. Designation criteria for the natural environment are provided in the city's
shoreline master program.
(3) General requirements.
(a) Development waterward of the ordinary high water mark is prohibited except water -
dependent recreational uses and public utilities.
(b) No structure shall exceed the height allowed by the underlying zoning or 35 feet above
average grade level, whichever is less. This requirement may be modified if the view of any
neighboring residences will not be obstructed, if permitted by the applicable provisions of the
underlying zoning, and if the proposed development is water -related or water -dependent. For any
proposed structure with a height exceeding 35 feet, a view analysis shall be completed and
approved by the city to ensure that visual public access is not affected consistent with FWRC
15.05.040(7).
(c) All development shall be required to provide adequate surface water retention and
sedimentation facilities during the construction period.
(d) Setbacks. Development shall maintain a minimum shoreline setback of the first 100 feet of
property landward from the ordinary high water mark, or other established minimum setback
necessary to protect designated critical areas per FWRC 15.05.040(4), whichever is the greater
Ordinance No. 19- Page 53 of 68
setback, as a vegetation conservation area subject to provisions referenced in subsection (3)(e) of
this section.
(e) Vegetation conservation area. The required setback area shall be considered a vegetation
conservation area. Within the vegetation conservation area, no native shoreline vegetation shall
be cleared, and all existing native trees shall be retained. Set FWRC 15.05.075, Shoreline
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eftyt„1 ls.��;i'C1ta1};-f3i F�i il�tTltel''i,ei ev'ed. . Wditmol lllj 1�t'hilitktiE 111y c�1 ,.. - ,1
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(f) Impact mitigation. All developments and uses shall result in no net loss of ecological
functions and shall be consistent with the impact mitigation, requirements of FWRC
15.05.040(1).
(4) Shoreline modifications. The following shoreline modifications are prohibited within the natural
designated shoreline areas:
(a) Shoreline stabilization;
(b) Piers, docks, moorages, buoys, and floats;
(c) Boating facilities — launching ramp, rails, and lift stations;
(d) Breakwaters, jetties, and groins; and
(e) Dredging and filling.
(5) Shoreline uses.
(a) Allowed uses within natural designated areas include:
(i) Residential development. Multifamily residential uses are prohibited in the natural
environment. Single-family residential development and residential accessory structures may
be permitted in the natural environment with a shoreline conditional use permit with the
following additional restrictions:
(A) Allowed only where single-family residential development is permitted in the
underlying zone classification.
Ordinance No. 19- Pa;e 54 or 68
(B) Single-family residential development is prohibited waterward of the ordinary high
water mark.
(ii) Recreational development. Allowed within the natural designated areas subject to the
limitations of subsection (4) of this section and provided:
(A) The recreational development is permitted in the underlying zone.
(B) Non -water -oriented recreational uses and development are prohibited within the
natural designated areas.
(C) The recreational development is located, designed, and operated in a manner
consistent with the purpose of the natural environment with a focus on passive recreation.
(D) Recreational development shall provide mitigation consistent with the general
requirements of this chapter and shall lead to no net loss of shoreline ecological
functions.
(E) The parking and traffic generated by such a facility can be safely and conveniently
handled by the streets and areas serving the proposed development.
(F) Upland facilities constructed in conjunction with a recreational development shall be
set back and/or sited to avoid adverse impacts to the functions of the shorelines of the
City.
(G) Public pedestrian and bicycle pathways shall be made of pervious materials.
(iii) Utilities. Allowed within the natural designated areas with a shoreline conditional use
permit under the requirements and restrictions imposed within FWRC 15.05.080(5)(a)(iv).
(iv) Transportation and parking facilities. Allowed in the natural environment only when
necessary to serve an allowed use and subject to the approval of a conditional use permit.
Approved facilities must, at a minimum, meet the requirements and restrictions imposed
within FWRC 15.05.080(5)(a)(v).
(v) Low intensity public uses. Low intensity public uses including scientific, historical,
cultural, and educational research uses are allowed under the general requirements for the
natural environment (subsection (3) of this section); and provided, that ecological impacts are
avoided.
(b) In addition to those uses prohibited in all shoreline environments by FWRC 15.05.070(3), the
following uses are prohibited uses within natural designated areas:
Ordinance No. 19- Page 55 of 68
(i) Boating facilities;
(ii) Multifamily residential development;
(iii) Office and commercial development.
Section 12. FWRC 15.05.110 is hereby amended to read as follows:
15.05.110 Shoreline management permit and enforcement procedures, adoption by reference.
The City of Federal Way hereby adopts by reference the following sections or subsections of Chapter
173-27, as amended, of the Washington Administrative Code ("WAC"), entitled Shoreline Management
Permit and Enforcement Procedures.
WAC:
(1) 173-27-020, Purpose.
(2) 173-27-040, Developments exempt from substantial development permit requirement.
(3) 173-27-044, Developments not required to obtain shoreline permits or local reviews.
(4) 173-27-125, 90 -day review target for WSDOT projects.
(95) 173-27-130, Filing with department.
(46) 173-27-270, Order to cease and desist.
(57) 173-27-280, Civil penalty.
(68) 173-27-290, Appeal of civil penalty.
(�9) 173-27-300, Criminal penalty.
Section 13. FWRC 15.05.120 is hereby amended to read as follows:
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 shall be provided as follows:
Ordinance No. 19- Page 56 of 68
(1) An application for a substantial development permit requires public notice as prescribed in
Process IIl, Chapter 19.65 FWRC.
(2) An application for a shoreline conditional use permit or shoreline variance requires public notice
as prescribed in Process IV, Chapter 19.70 FWRC.
(3 ) The al�l-,licmIon for shoreline exemption, substantial development permit, conditional use permit,
alld/ 1- val-iance Jie1.1111t applies to the most current SMP, effective 14 calendar days after Ecology's
J21?roval letter.
Section 14. FWRC 15.05.140 is hereby amended to read as follows:
15.05.140 Application requirements.
Complete application. A complete application for a substantial development, shoreline conditional
use, or shoreline variance permit shall contain, as a minimum, the following information:
(1) The name, address, and phone number of the applicant. The applicant should be the owner of the
property or the primary proponent of the project and not the representative of the owner or primary
proponent.
(2) The name, address, and phone number of the applicant's representative if other than the
applicant.
(3) The name, address, and phone number of the property owner, if other than the applicant.
(4) Location of the property. This shall, at a minimum, include the property address, parcel number,
and identification of the section, township, and range to the nearest quarter, quarter section, or
latitude and longitude to the nearest minute. All applications for projects located in open water areas
away from land shall provide a longitude and latitude location.
(5) Identification of the name of the shoreline (water body) that the site of the proposal is associated
with. This should be the water body from which jurisdiction of the Act over the project is derived.
(6) A general description of the proposed project that includes the proposed use or uses and the
activities necessary to accomplish the project.
(7) A general description of the property as it now exists, including its physical characteristics and
improvements and structures.
(8) A general description of the vicinity of the proposed project, including identification of the
adjacent uses, structures, and improvements, intensity of development, and physical characteristics.
Ordinance No. 19- Page 57 of 68
(9) A site development plan consisting of maps and elevation drawings, drawn to an appropriate
scale to depict clearly all required information, photographs, and text, which shall include:
(a) The boundary of the parcel(s) of land upon which the development is proposed.
(b) The ordinary high water mark of all water bodies located adjacent to or within the boundary
of the project. This may be an approximate location; provided, that for any development where a
determination of consistency with the applicable regulations requires a precise location of the
ordinary high water mark, the mark shall be located precisely and the biological and hydrological
basis for the location as indicated on the plans shall be included in the development plan. Where
the ordinary high water mark is neither adjacent to nor within the boundary of the project, the
plan shall indicate the distance and direction to the nearest ordinary high water mark of a
shoreline.
(c) Existing and proposed land contours. The contours shall be at intervals sufficient to
accurately determine the existing character of the property and the extent of proposed change to
the land that is necessary for the development. Areas within the boundary that will not be altered
by the development may be indicated as such and contours approximated for that area.
(d) A delineation of all wetland areas that will be altered or used as a part of the development.
(e) A general indication of the character of vegetation found on the site.
(f) The dimensions and locations of all existing and proposed structures and improvements
including but not limited to: buildings, paved or graveled areas, roads, utilities, septic tanks and
drainfields, material stockpiles or surcharge, and stormwater management facilities.
(g) Where applicable, a landscaping plan for the project.
(h) Where applicable, plans for development of areas on- or off-site as mitigation for impacts
associated with the proposed project shall be included and contain information consistent with
the requirements of this section.
(i) Quantity, source, and composition of any fill material that is placed on the site whether
temporary or permanent.
0) Quantity, composition, and destination of any excavated or dredged material.
(k) A vicinity map showing the relationship of the property and proposed development or use to
roads, utilities, existing developments, and uses on adjacent properties.
(1) Where applicable, a depiction of the impacts to views from existing residential uses and
public areas.
Ordinance No. 19- Page 58 of 68
(m) On all variance applications the plans shall clearly indicate where development could occur
without approval of a variance, the physical features and circumstances on the property that
provide a basis for the request, and the location of adjacent structures and uses.
(n) Summary of how the proposal meets relevant decisional criteria.
(o) Additional information as requested by the city.
(10) Where applicable, a shoreline assessment and mitigation report prepared by a qualified
professional which, at a minimum, includes the following:
(a) Site plan and cross-sections of development and critical areas and critical salmonid habitat
identified.
(b) A detailed description of proposed development.
(c) Identification of any species of local importance, priority species, or endangered, threatened,
or sensitive species that have documented or observed habitat on or adjacent to the project area.
(d) An assessment of potential impacts the proposal may have on fish and wildlife species,
critical areas, and critical salmonid habitats.
(e) A discussion of any federal, state, or local management recommendations, including
Washington Department of Fish and Wildlife habitat management recommendations, that have
been developed for species or habitats located on or adjacent to project area. See FWRC
19.142.060 for floodplain development permit requirements..
(f) A discussion of mitigation measures that have been implemented to avoid and minimize
adverse impacts to fish and wildlife species and habitats, critical areas, and critical salmonid
habitat. The mitigation must also include a mitigation plan showing the area of mitigation and
detailed mitigation measures, such as habitat features and planting of native vegetation.
Section 15. FWRC 15.05.150 is hereby amended to read as follows:
15.05.150 Shoreline substantial development permit.
(1) The purpose of a substantial development permit is to provide an approval process for any
development with a total cost or fair market value exceeding $`� the dollar figure set in RCW
90- 58.030 3 if c 1, or any development which materially interferes with the normal public use of the
water or shorelines of the state, except those exempted developments set forth in the preceding
section, consistent with WAC 173-27-040. The ,stibstatitia' deye',.pRient d^"^r- thfa..' old ei the
adeption date of this pfeg-ram is $5,718. Under current law, the substantial development dollar
threshold will be recalculated every five years by the Washington State Office of Financial
Ordinance No. 19- Page 59 gf'68
Management (OFM). OFM posts updated dollar thresholds in the Washington State Register.
(2) When a substantial development permit is requested, the permit shall be reviewed under the
provisions of Process III, Chapter 19.65 FWRC, and the director of community development shall be
the final approval authority for the city of Federal Way.
(3) A substantial development permit shall be granted by the director only when the development
proposed is consistent with the following:
(a) Goals, objectives, policies, and use regulations of the Federal Way shoreline master program;
(b) Federal Way comprehensive plan and city code; and
(c) The policies, guidelines, and regulations of the Shoreline Management Act (Chapter 90.58
RCW and Chapters 173-26 and 173-27 WAC).
(4) The director may attach conditions to the approval of permits as necessary to assure consistency
of the proposal with the above criteria.
Section 16. FWRC 15.05.180 is hereby amended to read as follows:
15.05.180 Final approval of shoreline permits.
(1) The director of community development shall notify and forward to the following agencies or
persons within five days of the final approval of a shoreline permit and any shoreline variances or
conditional uses granted:
(a) The applicant;
(b) The state Department of Ecology;
(c) Any person who has submitted written comments on the application; and
(d) Any person who has requested notification in writing prior to final approval of the permit.
(2) No work may commence on a site requiring a shoreline substantial development, shoreline
variance, or shoreline conditional use permit until 21 calendar days following the "date of filing" or
until all review proceedings before the shoreline hearings board have terminated.
(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 offiling" for a shoreline variance or shoreline conditional use permit shall mean the
Ordinance No. 19- Page 60 of 68
date the permit decision rendered by the Department of Ecology is transmitted by the department
to the city and the applicant/proponent.
Section 17. FWRC 15.05.220 is hereby amended to read as follows:
15.05.220 Replacement, alteration, or reconstruction of nonconforming use or development.
(1) Applications for substantial development or building permits to modify a nonconforming use or
development, as defined in this chapter, may be approved only if:
(a) The modifications will make the use or development less nonconforming; or
(b) The modifications will not make the use or development more nonconforming; and
(c) Structures that were legally established and are used for a conforming use but which are
nonconforming with regard to setbacks, buffers, or yards; area; bulk; height; or density may be
maintained and repaired and may be enlarged or expanded; provided, that said enlargement does
not increase the extent of nonconformity by further encroaching upon or extending into areas
where construction or use would not be allowed for new development or uses.
(d) Minor repai['s 10 ROTI-conforminL structures under the rnonetary threshold listed in FWRC
15.05.150 can apply for a shoreline exemption.
(2) An existing use or development, not conforming to existing regulations, which is destroyed may
be replaced (per "replacement structure" as defined in this chapter) as it existed prior to destruction,
provided application for required permits is made within one year of destruction.
(3) If a nonconforming use is discontinued for 12 consecutive months or for 12 months during any
two-year period, the nonconforming rights shall expire and any subsequent use shall be conforming.
(4) An undeveloped lot, tract, parcel, site, or division of land located landward of the ordinary high
water mark which was established in accordance with local and state subdivision requirements prior
to the effective date of the Act or the Federal Way shoreline master program, but which does not
conform to the present lot size standards, may be developed if permitted by other land use
regulations of the FWRC and so long as such development conforms to all other requirements of the
Federal Way shoreline master program and the Act.
(5) An existing mechanical improvement, not conforming to existing regulations, which breaks and
cannot be repaired may be replaced, provided the replacement is no more nonconforming and
application for required permits is made within one year of failure.
(t) Fxistin��, le�_,glly established residential structi1r-C`_.i7tt 1)_tdk1ie:ids, tfwt_do not meet
Ordinance No. 19- Page 61 of'68
current dimensional or bulk standards, but are otherwise conforming, are classified as conforming.
Redevelopment, expansion, and replacement is allowed so long as it is consistent with Chapter
15.05. Shoreline Manatzement.
Section 18. FWRC 15.05.240 is hereby amended to read as follows:
15.05.240 Amendments to this chapter.
Amendments to this chapter shall be pursuant to state review and approval as per WAC 1763-26-110
and 1763-26-120.
Sectioi7 19. FWRC Chapter 15.10 is hereby repealed in its entirety.
Section 20. FWRC 19.145.070 is hereby amended to read as follows:
19.145.070 Maps and inventories.
(1) Critical areas maps and inventories generally designate the location of critical areas within the
city and are adopted by reference.
(2) Area -wide inventories and documents identifying critical areas may not identify all critical areas
designated under this chapter. The provisions of this chapter will apply to all designated critical areas
located within the city, including those critical areas not identified on a map or inventory. Whenever
there is evidence of a critical area located within or in proximity to a nonexempt action, the director
may require a critical area report to determine the extent to which such critical area may exist.
(3) Critical area maps and inventories are to be used for planning level purposes only and the actual
presence/absence, type, extent, and boundaries of critical areas shall be identified in the field by a
qualified professional according to the procedures and criteria established in this chapter. In the event
of any conflict between the critical area location and designation shown on the city's map and the
criteria or standards of this chapter, the criteria and standards shall prevail.
(4) The following maps and inventories, as amended, are used for identifying possible critical areas
and their buffers:
(a) Federal Way critical areas map;
(b) Washington State Department of Health Source
Water snap;
(c) Federal Way final wetland inventory report prepared by Sheldon and Associates, Inc., July 19,
1999;
Ordinance No. 19- Page 62 of 68
(d) Preliminary stream inventory, Federal Way gap analysis, November 29, 2001;
(e) Washington State Department of Fish and Wildlife priority habitat and species maps; and
(f) Additional state and federal maps and inventories may be used if necessary.
Section 21. FWRC 19.145.420 is hereby amended to read as follows:
19.145.420 Wetland rating and buffers.
(1) Rating. Wetlands shall be rated according to the Washington Department of Ecology wetland
rating system, as set forth in the Washington State Wetland Rating System for Western Washington
— 2014 Update (Ecology Publication No. 14-06-029, or as revised and approved by Ecology), which
contains the definitions and methods for determining whether the criteria below are met:
(a) Category I wetlands represent a unique or rare wetland type; are more sensitive to disturbance
than most wetlands; are relatively undisturbed and contain ecological attributes that are
impossible to replace within a human lifetime; or provide a high level of function. The following
types of wetlands are Category I:
(i) Wetlands of high conservation value that are identified by scientists of the Washington
Natural Heritage Program/Department of Natural Resources;
(ii) Bogs;
(iii) Wetlands with mature and old growth forests larger than one acre; and
(iv) Wetlands that perform functions at high levels (wetlands that score 23 points or more
based on functions).
(b) Category II wetlands are difficult, though not impossible, to replace, and provide high levels
of some functions. Category II wetlands are those wetlands that score between 20 and 22 points
based on functions.
(c) Category III wetlands are wetlands with a moderate level of functions that score between 16
and 19 points based on functions.
(d) Category IV wetlands are wetlands with the lowest level of functions (scoring less than 16
points based on functions) and are often heavily disturbed.
(2) Wetland buffers shall be measured perpendicular from the wetland boundary as delineated and
marked in the field. Buffer widths are established as follows in Table 1:
Ordinance No. 19- Page 63 of 68
Nlittimmil Rtkf4e+- u..r� B..c ,h
NVidlhOw land- s (wetland
9 habitat
sktrlis ? 4 hahk-u - 5--habitar �6-o'�4*�IflljFtki - a
Points) Pte)
199 feet 1-90 fee t 190 Feet 225 feet
Tablel
Wetland CatezorY
Buffer Width
(wetland scores 3-5
Buffer Width
(wetland scores 6-
Buffer Width
(wetland scores 8-9
hahitat_points)
250 feet
7 habitat pointsl
250 feet
hahitat nitints)
300 feet
Category_1:
Bogs and wetlands of high conservation value
Category 1_
Forested and based on function score
100 feet
150 feet
300 feet
CategorYll
100 feet
150 feet
300 feet
Category 111
80 feet
50 feet
150 feet
300 feet
Category IV
50 feet
50 feet
(3) No wetland buffer is required for those isolated wetlands 1,000 square feet or less in total area.
(4) All compensatory mitigation sites shall have buffers consistent with the buffer requirements of
Ordinance No. 19- Page 64 of'68
this section. Buffers shall be based on the expected or target category of the proposed wetland
mitigation site.
(5) Lighting shall be directed away from wetland buffers unless otherwise determined by the director.
(6) All lots approved in a recorded subdivision or binding site plan that contain wetlands and their
associated buffer in a native growth protection easement or tract may be improved pursuant to
easement or tract boundaries established in the plat regardless of subsequent regulatory buffer
increases or natural migration.
(7) All wetland and wetland buffer boundaries shown on an approved use process decision and/or
building permit shall be honored regardless of subsequent regulatory buffer increases or natural
migration.
Section 22. FWRC 19.145.460 is hereby amended to read as follows:
19.145.460 Classification of capture zones.
As required by WAC 365-1()6-45 t(i iti+. oI _A reds), tl)e, city shall 1)rotect the quality 31 Id QIII�Intity of
ground water iised I' r public water supplies.
The Lakehaven Utility District ("LUD") has designated four capture zones based on proximity to and
travel time of groundwater to the e i z p b 1 i e wa4er-source wells Group A and Group B PLIbIie w Jler
supplies.
(1) Six-month capture zone represents the land area overlaying the six-month time -of -travel zone of
any public water source well owned by LUD.
(2) One-year capture zone represents the land area overlaying the one-year time -of -travel zone of any
public water source well owned by LUD, excluding the land area contained in the six-month capture
zone.
(3) Five-year capture zone represents the land area overlaying the five-year time -of -travel zone of
any public water source well owned by LUD, excluding the land area contained in the six-month and
one-year capture zones.
(4) Ten-year capture zone represents the land area overlaying the 10 -year time -of -travel zone of any
public water source well owned by LUD, excluding the land area contained in the six-month, one-
year, and five-year capture zones.
Ordinance No. 19- Page 65 of 68
Section 23. FWRC 19.145.520 is hereby amended to read as follows:
19.145.520 Frequently flooded areas.
(1) Frequently flooded areas include all areas of special flood hazard as mapped within the city, and
other areas that could be threatened by flooding. The areas of special flood hazard are identified by
the Federal Emergency Management Agency in a scientific and engineering report entitled "The
Flood Insurance Study for Federal Way," dated May 16, 1995, and any revisions thereto, with an
accompanying flood insurance rate map, and any revisions thereto. Based on the landscape of the
city, frequently flooded areas occur only along the Puget Sound shoreline and are within the
jurisdiction of the shoreline master program, Chapter 15.05 FWRC, Shoreline Management.
(2) Development in frequently flooded areas shall be subject to the provisions in Title 15 Chapter
19.142 FWRC Flood Damage Prcvezition.
Section 24. Amendment Authority. The adoption of the SMP, and FWRC amendments are
pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to chapter
19.80 FWRC.
Section 25. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
Section 26. Savings Clause. The existing Title 15 FWRC Shoreline Management and
Chapter 19.145 Environmentally Critical Areas shall remain in full force and effect until these
amendments become operative upon the effective date of this ordinance.
Section 27_ Corrcctions. The City Clerk and 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
Ordinance No. 19- Page 66 of 68
references thereto.
Section 28. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 29. 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 2nd day of July, 2019.
[signatures to follow]
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
Ordinance No. 19- Page 67 of 68
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.:
Ordinance No. 19- Page 68 of 68
COUNCIL MEETING DATE: June `b lk vl1 ITEM #: Vb
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: SENIOR ADVISORY COMMISSION
POLICY QUESTION: Should the City Council formally create a Senior Advisory Commission to advise City
Council, the Mayor, and city staff on policies, community engagement, and delivery of senior citizens programs
and to provide outreach to the community?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
[] Consent 0 Ordinance ❑ Public Hearing
❑ City Council Business _I Resolution ❑ Other
STAFF REPORT BY: 7. Ryan Call, City Attorney DEPT: LAW
Attachments: Staff Report
Ordinance
Options Considered:
1. Approve the proposed Ordinance to create the Senior Advisory Commission; or
2. Recommend staff to make changes to the proposed ordinance and go back through committee.
MAYOR'S RECOMMENDATION: Ontion 1.
MAYOR APPROVAL: S ` `� DIRECTOR APPROVAL: N c— S4Zfljl
[ILLILA D:t1c In
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE 6/4/19: "1 move to , forward the proposed ordinance to the June 18, 2019
Council Meeting for second reading and enactment. "
SECOND READING OF ORDINANCE 6/18/19: "1 move approval of the proposed ordinance."
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
Il/�I��l MOVED TO SECOND READING (ordinances only) (q ORDINANCE #
R VISED-12/?017 RESOLUTION#
i . lv o
d -O I
CITY OF FEDERAL WAY
MEMORANDUM
DATE: June 4, 2019
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: J. Ryan Call, City Attorney
SUBJECT: Senior Advisory Commission
Financial Impacts:
Creating a Senior Advisory Commission will have no direct cost to the City. The commission
will need administrative support to create agendas, packets, and to keep minutes to comply
with the Open Public Meetings Act, but meetings will be held during normal work hours to
lessen the impact on staff time. The Mayor intends to staff this commission with existing
staff and having the meetings during business hours will save on overtime or comp time
hours.
Background Information:
The Mayor and City Council want to create a Senior Advisory Commission to give a
voice to the senior citizens of Federal Way.
The Senior Advisory Commission's purpose will be to advise City Council, the Mayor,
and City staff on policies, community engagement, and delivery of senior citizens
programs and to provide outreach to the community. The commission will identify issues
related to senior citizens in the community by working with residents, service providers,
City Council, the Mayor's office, and City staff.
The Senior Advisory Commission will meet at least quarterly.
As proposed, the Senior Advisory Commission will consist of (9) nine members and (3)
three non-voting alternates appointed by the City Council.
Rev 7/l8
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, creating a
Senior Advisory Commission.
WHEREAS, the City of Federal Way is a non -charter code city pursuant to Title 35A
RCW; and
WHEREAS, programs and activities for seniors are important to the welfare of the
citizens of Federal Way and engagement with, communicating with, outreach to, and
understanding the needs of seniors is important to the City of Federal Way.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Senior Advisory C'oiiitiiissioii Created. The City hereby creates the Senior
Advisory Commission.
Section 2. Purpose. The Senior Advisory Commission's purpose is to advise City
Council, the Mayor, and city staff on policies, community engagement, and delivery of senior
citizens programs and to provide outreach to the community. The commission shall identify
issues related to senior citizens in the community by working with residents, service providers,
City Council, the Mayor's office, and city staff.
Section 3. Membership.
(1) The Senior Advisory Commission shall consist of up to nine members and three
alternate members appointed by the City Council. An alternate member may serve as a voting
member when a quorum of the commission is not otherwise present and as outlined in the
commission bylaws.
(2) The Senior Advisory Commission shall serve without compensation.
Ordinance No. 19- Page I of 4
(3) Each member shall serve a term of three years except that the first commissioners and
alternates shall be appointed for different terms as follows: Three commissioners and one
alternate to serve for a period of one year, three commissioners and one alternate to serve for a
period of two years, three commissioners and one alternate to serve for a period of three years.
The City Council shall annually appoint new members to fill the expiring terms on the Senior
Advisory Commission. If, for any reason, a vacancy occurs during the term of a Senior Advisory
Commission member or alternate, the City Council shall appoint a new member to fill the
unexpired term. The City Council may remove a Senior Advisory Commission member or
alternate at any time if the City Council determines that member is not fulfilling his or her
responsibilities to the satisfaction of City Council.
(4) All members of the commission shall serve until their successors are duly appointed
by City Council.
(5) Persons appointed to serve on the commission shall reside within the incorporated
city limits.
So-�iiull -E. Ofrivcrs — Bylaws - Staff. The city's Senior Advisory Commission shall elect
its officers, including a chair and vice chair and such other officers as it may deem necessary.
Such officers shall occupy their respective offices for a period of one year. The commission shall
adopt bylaws and operate in accordance with its bylaws. The Mayor shall appoint staff as the
Mayor deems appropriate to assist the commission in the preparation of its reports and records as
are necessary for the operation of the commission.
Ordinance No. 19- Page 2 of 4
Section 5. Responsibilities. The Senior Advisory Commission will:
(1) Meet periodically according to its bylaws, but no less than once per quarter.
(2) Keep a written record of its proceedings.
(3) Consult with and recommend to the City Council and city staff on matters pertaining
to senior citizen participation in programs, policy matters, legislative agendas for state
law makers, and any other matters that affect senior citizens.
(4) Encourage and promote activities meeting the needs of senior citizens.
(5) Evaluate communication strategies and determine effective strategies for
communicating the senior citizens' communities.
(6) Formulate a yearly work plan.
(7) Present an annual report to the City Council.
Section 6. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance, or its application to any person or situation, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the remaining portions of
this ordinance or its application to any other person or situation. The City Council of the City of
Federal Way hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 7. Correcdo.ns. 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.
Ordinance No. 19- Page 3 of 4
Section 8. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 9. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
20
ATTEST:
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
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.:
Ordinance No. 19- Page 4 of 4
COUNCIL MEETING DATE: June '21V I � ITEM #: V C
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: EXEMPTING ACTIVITIES OF NONPROFIT ORGANIZATIONS FROM ADMISSIONS
TAX
POLICY QUESTION: Should the City exempt all activities of non-profit organizations from the requirement to
collect admissions tax?
COMMITTEE: Finance, Economic Development, and Regional Affairs MEETING DATE: 5/28/2019
CATEGORY:
❑ Consent ® Ordinance
❑ ' City Council Business ❑ Resolution
STAFF REPORT BY: Eric Rhoades
Attachments: Staff Report
Ordinance
❑
Public Hearing
❑
Other
DEPT:
Law
Options Considered:
1. Revise the Federal Way Revised Code to exempt from admissions tax all activities of nonprofit
organizations.
2. Take no action.
MAYOR's REco,NINIENRATION: 01rt9011 1
MAYOR APPROVAL: DIRECTOR APPROVAL: Sw
;,,,,:: ca vaned lnitialJpare
luiti'd" ate Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on June 4, 2019.
6��-aa .._. ran ' V I c. h
Committee Chair Corn 1itte Mem`Ter Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (6/4/19): `1 move to forward the proposed ordinance to the June 18, 2019
Council Meeting for 2nd reading and enactment. "
SECOND READING OF ORDINANCE (6/18/19): "I move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
❑ APPROVED
❑ DENIED
TABLED/DEFERRED/NO ACTION
l410VE1) TO SECOND READING (ordinances only)
R-VISID— 12/2017
COUNCIL BILL #
First reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE: May 28, 2019
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Ryan Call, City Attorney
Eric Rhoades, Assistant City Attorney
SUBJECT: Admissions tax exemption for non-profit organizations
F inauc hd I inimets:
The Finance Department estimates this ordinance will result in $10,000 in lost revenue
based on information provided by the operators of the Performing Arts and Event Center.
The City does not collect data to identify which current activity organizers are nonprofits
who would be exempt so there is insufficient information from which to calculate the
revenue loss more accurately.
Backsiround Information:
In 2017, the City imposed a tax on admissions of five percent of the admission charge.
That 2017 ordinance contained six exemptions including those required by the
authorizing statute as well as an exemption for any youth athletic event of a nonprofit
organization. But activities of nonprofit organizations generally were not exempt.
The proposed code revision will expand the current exemption to include any activity of
any nonprofit organization.
Of neighboring cities, Renton does not exempt nonprofit organizations from admissions
tax; Des Moines and Milton do not impose admissions tax; Auburn, Kent, and Tacoma
provide a broad exemption for organizations exempt from federal income tax or state
business and occupations tax, but Kent and Tacoma impose a business and occupations
tax in addition to admissions tax so they have larger revenue streams despite the non-
profit exemption.
Rev. 7/18
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating
to admissions tax; amending FWRC 3.60.020. (Amending Ordinance
No. 17-831)
WHEREAS, the City of Federal Way is a non -charter code city pursuant to Title 35A
RCW; and
WHEREAS, RCW 35.21.280 authorizes cities to levy and fix a tax of not more than one
cent on twenty cents or fraction thereof to be paid by the person who pays an admission charge
to any place; and
Way.
WHEREAS, events sponsored by non-profit organizations benefit the citizens of Federal
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The foregoing recitals are adopted as findings of the City Council.
Section 2. FWRC 3.60.020 is hereby amended to read as follows:
The admissions tax as imposed in this chapter shall not apply to anyone paying an admission
charge:
(1) In the amount of $1.50 or less; or
(2) To any activity of any elementary or secondary school as contemplated by RCW 35.21.280;
or
(3) To any activity of any parent -teacher association (PTA), or similar organization; provided,
that the proceeds of the activity are used to benefit an elementary or secondary school; or
(4) To an organized athletic event such as tournaments, leagues, and other competitions intended
for youth less than 19 years of age, sponsored and held by nonprofit organizations; or
(5) The admission ^{ speetatefJ tTo an athletic event, including, but not limited to, football
games, basketball games, or baseball games; or
Ordinance No. 19- Page I of 3
(6) The a&ii e+To recreational activities, including, but not limited to, golf, skating, or
swimming -.Lor
(7) Ta any activity of a nonprofit org iiiization, as defined in subsection () of this subsection.
(a) As used iii this section. "noiillrolil organization" means_
(i) A non-profit corporation Ilial is duly organized, in good standing, and exempt under
Sections 501(c)(3) or 501(c)(4) or 501(c)(10) of the US Internal Revenue Code; or
GO A nonproft_ormanization that would qualify under (i) of this subsection except that it
is not orgatii ed its a nonprofit corporation.
Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance, or its application to any person or situation, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the remaining portions of
this ordinance or its application to any other person or situation. The City Council of the City of
Federal Way hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 4. 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 5. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force five days after
its passage and publication, as provided by law.
Ordinance No. 19- Page 2 o f 3
PASSED by the City Council of the City of Federal Way this day of
C
ATTEST:
CITY OF FEDERAL WAY:
JIM FERRELL, MAYOR
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.:
Ordinance No. 19- Page 3 of 3