07-06-2020 Packet - Amended Committee Members City Staff
Mark Koppang, Chair EJ Walsh, P.E., Public Works Director
Martin Moore, Member Rebecca Kovar, Administrative Assistant II
Hoang V. Tran, Member (253) 835-2701
City of Federal Way
City Council
Land Use & Transportation Committee
July 6, 2020 City Hall
5:00 p.m.
Notice: Pursuant to Governor Inslee’s Proclamation 20-28, all in-person meetings are prohibited until further notice. The Mayor and
City Council are providing opportunities for public comment by submitting written comment or calling into the meeting to prov ide oral
testimony. To access these options please use the following:
Click Here to Watch Online Live Streaming Video of the Meeting
Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 809 975 640
Sign-Up* here to give citizen comment during the meeting (via calling-in)
Click Here to submit written comments to the City Council
Watch from the Zoom mobile app with meeting: 809 975 640 and password: 595617
MEETING AGENDA
*AMENDED*
1. CALL TO ORDER
2. PUBLIC COMMENT
3. COMMITTEE BUSINESS
Topic
Title/Description
Presenter
Page
Action
or
Info
Council Date
A. Approval of Minutes June 1, 2020 3 N/A
B. SW 356th Street Preservation Project – 85% Design
Status and Authorization to Bid
Mulkey 7 Action July 21, 2020
Consent
C. SW 320th Street Preservation Project – 85% Design
Status and Authorization to Bid
Mulkey 11 Action July 21, 2020
Consent
D. 2020 Pavement Markings (Greenway) Project – Bid
Results
Chandra 15 Action July 21, 2020
Consent
E. ORDINANCE: South 320th Street Annexation Hansen 19 Action July 7, 2020
First Reading
F. ORDINANCE: Amending Title 19.142 FWRC, Flood
Damage Prevention
Hansen 45 Action July 21, 2020
First Reading
G. ORDINANCE: Extension of Interim Zoning
Regulations
Winkler 97 Action July 21, 2020
First Reading
H. Transportation Grant Funding Applications Winkler 103 Action July 21, 2020
Consent
I: ORDINANCE: Relating to Vacation of Right of Ways Walsh 105 Action July 21, 2020
First Reading
J. Update on Sound Transit Activities Medlen 147 Info
Only
N/A
K. Update on Airport Issues Vadino 149 Info
Only
N/A
4. OTHER
Committee Members City Staff
Mark Koppang, Chair EJ Walsh, P.E., Public Works Director
Martin Moore, Member Rebecca Kovar, Administrative Assistant II
Hoang V. Tran, Member (253) 835-2701
5. FUTURE MEETINGS/AGENDA ITEMS:
The next LUTC meeting will be August 3, 2020 at 5:00 p.m. in City Hall Council Chambers.
6. ADJOURNMENT
Committee Members City Staff
Mark Koppang, Chair EJ Walsh, P.E., Public Works Director
Martin Moore, Member Rebecca Kovar, Administrative Assistant II
Hoang V. Tran, Member (253) 835-2701
City of Federal Way
City Council
Land Use & Transportation Committee
July 6, 2020 City Hall
5:00 p.m.
Notice: Pursuant to Governor Inslee’s Proclamation 20-28, all in-person meetings are prohibited until further notice. The Mayor and
City Council are providing opportunities for public comment by submitting written comment or calling into the meeting to provide oral
testimony. To access these options please use the following:
Click Here to Watch Online Live Streaming Video of the Meeting
Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 809 975 640
Sign-Up* here to give citizen comment during the meeting (via calling-in)
Click Here to submit written comments to the City Council
Watch from the Zoom mobile app with meeting: 809 975 640 and password: 595617
MEETING AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENT
3. COMMITTEE BUSINESS
Topic Title/Description Presenter Page
Action
or
Info
Council Date
3 N/A
Mulkey 7 Action July 21, 2020
Consent
Mulkey 11 Action July 21, 2020
Consent
Chandra 15 Action July 21, 2020
Consent
Hansen 19 Action July 7, 2020
First Reading
Hansen 45 Action July 21, 2020
First Reading
Winkler 97 Action July 21, 2020
First Reading
A.Approval of Minutes June 1, 2020
B.SW 356th Street Preservation Project – 85% Design
Status and Authorization to Bid
C.SW 320th Street Preservation Project – 85% Design
Status and Authorization to Bid
D.2020 Pavement Markings (Greenway) Project – Bid
Results
E.ORDINANCE: South 320th Street Annexation
F.ORDINANCE: Amending Title 19.142 FWRC, Flood
Damage Prevention
G.ORDINANCE: Extension of Interim Zoning
Regulations
H.ORDINANCE: Relating to Vacation of Right of Ways Walsh 103 Action July 21, 2020
First Reading
I: Update on Sound Transit Activities Medlen 145 Info
Only
N/A
J. Update on Airport Issues Vadino 147 Info
Only
N/A
4. OTHER
5. FUTURE MEETINGS/AGENDA ITEMS:
The next LUTC meeting will be July 6, 2020 at 5:00 p.m. in City Hall Council Chambers.
6. ADJOURNMENT
Committee Members City Staff
Mark Koppang, Chair EJ Walsh, P.E., Public Works Director
Martin Moore, Member Rebecca Kovar, Administrative Assistant II
Hoang V. Tran, Member (253) 835-2701
City of Federal Way
City Council
Land Use & Transportation Committee
June 1, 2020 City Hall
5:00 p.m. Council Chambers
MEETING SUMMARY
Committee Members in Attendance: Committee Chair Mark Koppang, Committee member Hoang
Tran, and Committee member Martin Moore.
Other Councilmembers in Attendance: City Council President Susan Honda, Councilmember Lydia
Assefa-Dawson, Councilmember Greg Baruso. Council Member Linda Kochmar
Staff in Attendance: Public Works Director EJ Walsh, Assistant City Attorney Eric Rhodes, Capital
Engineer John Cole, Capital Engineer Jeff Huynh, Senior Capital Engineer Naveen Chandra, Deputy Public
Works Director Desiree Winkler, and Administrative Assistant II Rebecca Kovar.
1. CALL TO ORDER: Committee Chair Koppang called the meeting to order at 5:00 p.m.
2. PUBLIC COMMENT:
3. COMMITTEE BUSINESS:
Topic
Title/Description
A. Approval of Minutes: May 4, 2020
Committee approved the May 4, 2020 LUTC minutes as presented.
● Moved: Tran
● Seconded: Moore
● Passed: 3-0 unanimously
B. 2021 Asphalt Overlay Program Preliminary Project List and Authorization to Bid
Capital Engineer John Cole presented information about the budget, funding, estimated program costs.
Questions and discussion followed.
Committee forwarded Option #1 (Approve the list of streets for the 2021 Asphalt Overlay
Project and authorize staff to bid the 2021 Asphalt Overlay Project, returning for
authorization to award the project within the available 2021 Asphalt Overlay Budget to the
lowest responsible, responsive bidder.) to the June 16, 2020 Council Consent Agenda for
approval.
● Moved: Tran
● Seconded: Moore
● Passed: 3-0 unanimously
3
Committee Members City Staff
Mark Koppang, Chair EJ Walsh, P.E., Public Works Director
Martin Moore, Member Rebecca Kovar, Administrative Assistant II
Hoang V. Tran, Member (253) 835-2701
C. Lakota Middle School at SW Dash Point Road – 30% Design Report
Capital Engineer Jeff Huynh presented information about the budget, funding sources, and projected
costs. The project provides sidewalk, bicycle lane, and street lights. Questions and discussion followed.
Committee forwarded Option #1 (Authorize staff to proceed with design of the Lakota
Middle School at SW Dash Point road and return to the LUTC and Council at 85% design
completion for further reports and authorization) to the June 16, 2020 Consent Agenda for
approval.
● Moved: Moore
● Seconded: Tran
● Passed: 3-0 unanimously
D. Resolution: Adoption of 2021-2026 Transportation Improvement Plan
City Traffic Engineer Rick Perez provided information on the plan for transportation-related capital
projects, prioritization criteria, proposed projects, and history of projects under the previous
Transportation Improvement Plan. A Public Hearing on the Resolution is scheduled for the Council
meeting on June 16, 2020. Discussion followed.
Committee forwarded Option #1 (Adopt the proposed resolution.) to the June 16, 2020
Consent Agenda for approval.
● Moved: Moore
● Seconded: Tran
● Passed: 3-0 unanimously
E. Resolution: Authorization to Accept Grant Funding for SW 320th Preservation Project
Deputy Director of Public Works Desiree Winkler presented information on the background, scope, and
estimated project cost.
Committee forwarded Option #1 (Approve the proposed Resolution) to the June 16, 2020
Consent Agenda for approval.
● Moved: Tran
● Seconded: Moore
● Passed: 3-0 unanimously
F. Authorization to submit proposed Grant Applications for Transportation Improvement
Projects
Deputy Director of Public Works Desiree Winkler provided information on proposed projects for which
grant funding might be available, including improvements for non-motorized travel, and projected costs.
Discussion followed.
Committee forwarded Option #1 (Authorize staff to submit the proposed grant applications
for transportation projects) to the June 16, 2020 Consent Agenda for approval.
● Moved: Moore
● Seconded: Tran
● Passed: 3-0 unanimously
4. OTHER
5. FUTURE MEETINGS/AGENDA ITEMS:
The next LUTC meeting will be held on July 6, 2020 at 5:00 p.m. in City Hall Council Chambers.
4
Committee Members City Staff
Mark Koppang, Chair EJ Walsh, P.E., Public Works Director
Martin Moore, Member Rebecca Kovar, Administrative Assistant II
Hoang V. Tran, Member (253) 835-2701
6. ADJOURNMENT: The meeting was adjourned at 5:59 p.m.
Attest: Approved by Committee:
Rebecca Kovar, Administrative Assistant II Date
5
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BID TABULATION - Proj # 220: Greenway Pavement Markings Phase I (2020) Project
RFQ
BID OPENING DATE 25-JUNE-2020
Vendor Name --->
Location ---------->
NO.SPEC
DIV ITEM UNIT APX.
QTY UNIT PRICE TOTAL UNIT PRICE TOTAL
SCHEDULE A - ROADWAY IMPROVEMENTS
1 1-04 UNEXPECTED SITE CHANGES FA 1 $2,000.00 $2,000.00 $2,000.00 $2,000.00
2 1-09 MOBILIZATION LS 1 $7,500.00 $7,500.00 $7,000.00 $7,000.00
3 1-10 PROJECT TEMPORARY TRAFFIC CONTROL LS 1 $35,000.00 $35,000.00 $15,000.00 $15,000.00
4 1-10 PROJECT SIGNS (4'x8')EA 2 $550.00 $1,100.00 $1,300.00 $2,600.00
5 8-22 PLASTIC BIKE DETECTION SYMBOL EA 21 $150.00 $3,150.00 $230.00 $4,830.00
6 8-22 PLASTIC SHARED LANE MARKINGS EA 88 $350.00 $30,800.00 $400.00 $35,200.00
7 8-22 PAINT SHARED LANE MARKINGS EA 473 $60.00 $28,380.00 $70.00 $33,110.00
TOTAL SCHEDULE B $107,930.00 $99,740.00
(bid items include sales tax)
APPLY-A-LINE, LLC
Pacific, WA
ENGINEER'S ESTIMATE
BID # 1
Page 1 of 117
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18
COUNCIL MEETING DATE: July 7, 2020 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE:
POLICY QUESTION:
Should the Council adopt an ordinance to annex land north of South 320th Street, south of South 316 th Street,
and west of 32nd Avenue South into the City of Federal Way?
COMMITTEE: Land Use and Transportation Committee
CATEGORY: D Consent
City Council Business
� Ordinance D Resolution
MEETING DATE: July 6, 2020
□□ Public Hearing
Other
STAFF REPORT BY: Robert "Doc" Hansen, Planning Manager DEPT: Community Development "-----------------"------
Attachments: Staff Report
Ordinance
Options Considered:
1.Adopt the proposed ordinance.
2.Do not adopt the proposed ordinance.
MAYOR'S RECOMMENDATION: Mayor Ferrell recommends approval of the Ordinance
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on July 7. 2020
Mark Koppang, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (JULY 7, 2020): "I move to forward approval of the ordinance for annexation
to the City Council meeting/or enactment. "
SECOND READING OF ORDINANCE (JULY 21, 2020): "/ move approval of the proposed ordinance for
annexation. "
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION: □APPROVED□DENIED□TABLED/DEFERRED/NO ACTION□MOVED TO SECOND READING (ordinances only)
REVISED -2/2020
COUNCIL BILL#
First reading
Enactment reading
ORDINANCE#
RESOLUTION#
SOUTH 320TH STREET ANNEXATION
8b
19
20
LUTC Staff Report July 6, 2020 Page 2 of 2
K:\LUTC\2020\07 July\Ordinance - S 320th St Annexation\2. LUTC Staff Report for Annexation Ordinance.docx
092104 9028 5.26
092104 9139 9.15
092104 9316 0.36
092104 9187 2.09
092104 9140 2.28
092104 9160 1.96
092104 9206 0.34
21.44 acres
Access to the proposed annexation area is from South 320th Street, South 316th Street, and 32nd
Avenue South. South 320th and 316th Streets are improved rights-of-way. Thirty-second Avenue
South borders the annexation area on the east will become an improved public right-of-way from
development on the site.
The property is currently pre-designated as “Community Business” in the comprehensive plan.
Federal Way Revised Code (FWRC) 1.35.020(b), states that, “the area annexed to the city shall
retain the comprehensive plan classification.” Therefore, as annexed, the property will be zoned as
“Community Business.”
There will be no City expenditures associated with the annexation. The City can provide police
services without additional cost. The County will loose $9,724 in property taxes and the City will
gain $5,044.
Annexation into the City of Federal Way should have positive impact on the area’s likelihood of
achieving its employment growth target.
IV. Recommendation
The City Council has two options available for action. It may pass the ordinance as approved by
the BRB or to deny the ordinance for annexation.
The Mayor recommends that the City Council pass the ordinance.
LIST OF EXHIBITS
Exhibit A Letter from Boundary Review Board Approval of Annexation
Exhibit B Final Legal and Map of the Area Approved by the Boundary Review Board for Annexation
Exhibit C March 17, 2020 Report to the Council
21
Ordinance No. 20-_____ Page 1 of 4
Rev 2/19
ORDINANCE NO. _________
AN ORDINANCE of the City of Federal Way, Washington, relating to
annexing approximately twenty-one (21) acres known as the “S. 320th
Street Annexation,” into the City pursuant to RCW 35A.14.120;
assigning zoning and comprehensive plan designations upon annexation;
requiring assumption of a proportionate share of City indebtedness and
providing for severability and an effective date.
________________________________________________________________________________
WHEREAS, The Federal Way City Council (Council) adopted Chapter 8 of the Federal Way
Comprehensive Plan, last amended by Ordinance 15-796 in 2015, establishing planning goals,
policies and implementation strategies for Potential Annexation Areas (PAAs) in accordance with
Chapter 36.70A RCW; and
WHEREAS, pursuant to RCW 35A.14.120 the City Council on November 19, 2019,
accepted a 10% petition for the “S. 320th Street” proposed annexation area shown in Exhibit A,
which action authorized the circulation of a 60% petition for annexation subject to conditions that
the area be designated and zoned Community Business (BC) and further that the area assume its
proportionate share of the City’s indebtedness; and
WHEREAS, pursuant to RCW 35A.14.120, on January 15, 2020, the annexation initiators
filed with the City a petition, attached Exhibit B, signed by property owners representing more than
60% of the current total assessed value of all parcels within the proposed annexation area; and
WHEREAS, pursuant to RCW 35A.01.040 the King County Assessor's Office on January 15,
2020, certified the 60% petition as sufficient (Exhibit C); and
WHEREAS, the annexation area is contiguous with the existing City limits and within
unincorporated King County, and may generally be described as an area of approximately twenty-one
(21) acres, bounded on the west by Interstate 5, on the north by a residential neighborhood, the east
22
Ordinance No. 20-_____ Page 2 of 4
Rev 2/19
by the future 32nd Avenue S., and the south by S. 320th Street, as depicted in the legal description
map and attached as Exhibit D and said unincorporated area is within the City's Urban Growth Area;
and
WHEREAS, on March 17, 2020 a properly noticed public hearing was held pursuant to RCW
35A.14.130 and all persons who wished to provide testimony were heard. At that hearing the City
Council considered the S. 320th Street Annexation, land use and zoning designations, and then issued
a Notice of Intent to Annex and adopt land use and zoning designations for the annexed parcels by
passing Resolution 20-783; and
WHEREAS, on April 10, 2020 the City submitted a Notice of lntent to the King County
Boundary Review Board and the Board reviewed said Notice and associated materials and deemed
said Notice of Intent complete issuing an effective filing date of April 15, 2020.
WHEREAS, on May 31, 2020 the 45-day notice and review period as required under Chapter
36.93.100 RCW lapsed and the jurisdiction of the Boundary Review Board was not invoked.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Annexation. The property described and depicted in attached Exhibit D is hereby
annexed into the City of Federal Way.
Section 2. Indebtedness. The area described in the attached Exhibit D shall be required to
assume its proportionate share of the general indebtedness of the City of Federal Way at the time of
the effective date of such annexation.
23
Ordinance No. 20-_____ Page 3 of 4
Rev 2/19
Section 3. Land Use. The area described in attached Exhibit D, shall be designated in the
City's Comprehensive Plan as BC (Community Business) and the on the City's Official Zoning Map
as BC (Community Business).
Section 4. Publication/Effective Date. A summary of this ordinance consisting of its title
shall be published in the official newspaper of the City. This ordinance shall take effect and be in
force five (5) days after the date of publication.
Section 5. Transmission. Upon passage of this ordinance a certified copy shall be transmitted
to the Clerk of the King County Council as required by Chapter 35A.14.440 RCW, as well as the
Office of Financial Management (OFM) and all special purpose districts as required.
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. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 8. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
24
Ordinance No. 20-_____ Page 4 of 4
Rev 2/19
PASSED by the City Council of the City of Federal Way 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:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
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COUNCIL MEETING DATE: July 21, 2020 ITEM #:___________
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: AMEND 19.142 FWRC, FLOOD DAMAGE PREVENTION IN ORDER TO CONTINUE
PARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM
POLICY QUESTION: Should the City Council amend the FWRC 19.142, Flood Damage Prevention,
COMMITTEE: Land Use and Transportation MEETING DATE: July 6, 2020
CATEGORY:
Consent Ordinance Public Hearing
City Council Business Resolution Other
STAFF REPORT BY: Doc Hansen, Planning Manager DEPT: Community Development
Attachments: Staff Report
Ordinance
Options Considered:
1. To adopt the proposed ordinance
2. To not adopt the proposed ordinance and provide direction to staff.
MAYOR’S RECOMMENDATION: Option 1: To adopt the proposed ordinance
MAYOR APPROVAL: for
Mayor Ferrell
6-30-2020
DIRECTOR APPROVAL:
6-30-2020
Committee
Initial/Date
Council
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on July 21, 2020
Council meeting
Mark Koppang, Committee Chair Martin Moore, Committee Member Hoang Tran, Committee Member
PROPOSED COUNCIL MOTION(S):
FIRST READING OF ORDINANCE (JULY 21): “I move to forward the proposed ordinance to the August 11,
2020 Council Meeting for second reading and enactment.”
SECOND READING OF ORDINANCE (AUGUST 11): “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 #
45
CITY OF FEDERAL WAY
M E M O R A N D U M
DATE: July 6, 2020
TO: Mark Koppang, Chair of Land Use Transportation Committee
VIA:
FROM:
Jim Ferrell, Mayor
Brian Davis, Community Development Director
Robert “Doc” Hansen, Planning Manager
SUBJECT: Amendments to Chapter FWRC 19.142 Regarding Flood Damage Prevention
I. FINANCIAL IMPACT
The approval of the following proposed Code amendment will not cost the City any additional
funds, and will require no transfer of general funds for the action.
II. BACKGROUND
In February, new digital maps designating the City of Federal Way’s coastal area and determining
the floodplains location were adopted by Federal Emergency Management Agency (FEMA) and
the State of Washington. On February 19 ,2020, the City was sent a letter from the FEMA
regarding amendments that need to be made to FWRC 19.142 to meet to the new Federal
floodplain standards. The amendments are necessary for the City to keep flood insurance through
the National Flood Insurance Program provided by the Federal government.
Most lands considered “floodplains,” or special flood hazard area (SFHA), are located on the
City’s coastline according to past Floodplain Insurance Rate Maps (FIRM). The new digitized
maps to be adopted and which go into effect on August 19th will not significantly change these
previous maps. The new language will minimally affect areas classified under the program as VE
and AE zones under the new digital floodplain maps approved.
III. PROPOSED CHANGES TO CODE
The draft proposed code amendments are attached as Exhibit A at the end of this brief. The
amendments will mainly place more responsibility on local governments for implementation and
place greater limitation on developments in areas that have more environmental significance. In
summary, proposed amendments would:
1. Amend and add a number of definitions to the Code, many of which are designed to provide
clarity to intentions of the regulation relating to substantial improvement, meaning of new
46
construction, and reference to measuring water level. Manufactured Homes are identified
more specifically in a number of definitions as are historic structures for their protection.
2. Reference the effective date that new maps will be used.
3. Place more responsibility upon local agencies in approving permits and variances.
4. Require the Director to notify the Federal Insurance Administrator whenever development
may change the mean sea level on the property.
5. Provide greater distinction between the “AE” zone and the more environmental sensitive
“VE” zone as identified on the new maps by placing greater restriction to development
proposed in the “VE” zone.
6. Require manufactured home parks to be considered subdivisions in order to be considered
under flood insurance program.
IV. PLANNING COMMISSION ACTION
Per Code, the Planning Commission held a public hearing and made recommendation to the City
Council on proposed code amendments. Public Notice was made in the official newspaper on
June 15, 2020 and was posted on line. No comments were received regarding the proposal. The
Planning after public hearing and discussion unanimously agreed to pass the proposal to City
Council with recommendation for approval.
V. TIMELINE
The planned actions to amend FWRC 19.142 are as shown below:
1. Notice of Planning Commission Public Hearing – May 29, 2020
2. SEPA DNS Notice issued – May 15, 2020
3. Planning Commission Public Hearing – June 15, 2020
4. Land Use/Transportation Committee Public Meeting – July 6, 2020
5. City Council Public Meeting 1st Reading of Ordinance – July 21, 2020
6. City Council Public Meeting 2nd Reading of Ordinance – August 11, 2020
7. Ordinance Effective – August 14, 2020
VI. MAYOR’S RECOMMENDATION
After consideration of the review of staff analysis and options available for action (approval,
approval with modification or denial), the Mayor recommends that the proposed amendments be
approved as recommended by the Planning Commission.
Exhibit A: Amendments to FWRC 19.142 presented to Planning Commission and recommended
for approval
47
Exhibit A: Amendments to FWRC 19.142
Chapter 19.142
FLOOD DAMAGE PREVENTION1
Sections:
Article I. Generally
19.142.010 Purpose.
19.142.020 Adoption of state and federal statutes and regulations.
19.142.030 Methods of reducing flood losses.
19.142.040 Definitions.
Article II. Provisions
19.142.050 General provisions.
19.142.060 Development activities subject to floodplain development permits.
19.142.070 Use of other base flood data (in A and V zones).
19.142.080 Information to be obtained and maintained.
19.142.090 Alteration of watercourses.
19.142.095 Notification to Other Entities Changes to Floodplain Maps
19.142.100 Conditions for variances.
19.142.110 Provisions for flood hazard reduction.
19.142.120 Development Proposals, Including Manufactured Home Parks and Subdivision
proposals.
19.142.130 Review of building permits.
19.142.140 Specific standards.
19.142.150 AE and A1-30 zones with base flood elevations but no floodways.
19.142.160 Floodways.
19.142.170 Critical facility.
Article I. Generally
19.142.010 Purpose.
48
It is the purpose of this chapter to promote the public health, safety, and general welfare and
minimize public and private losses due to flood conditions in specific areas by provisions designed:
(1) To protect human life and health;
(2) To minimize expenditure of public money and costly flood control projects;
(3) To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
(4) To minimize prolonged business interruptions;
(5) To minimize damage to public facilities and utilities such as water and gas mains; electric,
telephone and sewer lines; streets; and bridges located in areas of special flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and development of areas of
special flood hazard so as to minimize future flood blight areas;
(7) To ensure that potential buyers are notified that property is in an area of special flood hazard;
(8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their
actions.
19.142.020 Adoption of state and federal statutes and
regulations.
The following state statutes and administrative regulations as currently existing and hereafter
amended are hereby adopted by this reference as if set forth in full:
(1) Chapter 86.16 RCW, Floodplain Management.
(2) 44 CFR 59.22(a).
(3) 44 CFR 60.3(c)(1)(d)(2).
(4) 44 CFR 60.3(b)(1).
(5) 44 CFR 59.22(b)(1).
(6) 44 CFR 60.3(a)(2).
(Ord. No. 06-536, § 2(Exh. A), 11-7-06. Code 2001 § 21-101. Formerly 16.40.020.)
19.142.030 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions for:
49
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water
or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers,
which help accommodate or channel floodwaters;
(4) Controlling filling, grading, dredging, and other development which may increase flood damage;
and
(5) Preventing or regulating the construction of flood barriers that unnaturally divert floodwaters or
may increase flood hazards in other areas.
19.142.040 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise. Terms not defined here are defined according to Chapter 19.05 or 16.05 FWRC or
FWRC 1.05.020, in that order.
“Actual start of construction” means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of
columns, any work beyond the stage of excavation, or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing, grading and
filling; nor does it include the installation of streets and/or walkways; nor does it include excavation
for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include
the installation on the property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure. “Actual start of construction,” for a substantial
improvement, means the first alteration of any wall, ceiling, floor, or other structural part of a building,
whether or not that alteration affects the external dimensions of the building.
“Alteration of watercourse” means any action that will change the location of the channel occupied
by water within the banks of any portion of a riverine waterbody.
“Appeal” means a request for a review of the interpretation of any provision of this chapter or a
request for a variance.
“Area of shallow flooding” means designated as AO or AH zone on the flood insurance rate map
(FIRM). AO zones have base flood depths that range from one to three feet above the natural
ground; a clearly defined channel does not exist; the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident. AO is characterized as sheet flow; AH indicates
ponding, and is shown with standard base flood elevations.
“Area of special flood hazard” means the land in the floodplain within a community subject to a one
percent or greater chance of flooding in any given year. Designation on maps always includes the
letter A or V.
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“Base flood” means the flood having a one percent chance of being equaled or exceeded in any
given year (also referred to as the “100-year flood”). Designated on flood insurance rate maps by the
letter A or V.
“Base flood elevation (BFE)” means the elevation to which floodwater is anticipated to rise during the
base flood.
“Basement” means any area of the building having its floor sub-grade (below ground level) on all
sides.
“Breakaway wall” means a wall that is not part of the structural support of the building and is
intended through its design and construction to collapse under specific lateral loading forces, without
causing damage to the elevated portion of the building or supporting foundation system.
“Coastal high hazard area” means an area of special flood hazard extending from offshore to the
inland limit of a primary frontal dune along an open coast and any other area subject to high velocity
wave action from storms or seismic sources. The area is designated on the FIRM as zone V1-30, VE
or V.
“Critical facility” means a facility for which even a slight chance of flooding might be too great. Critical
facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and
emergency response installations, and installations which produce, use, or store hazardous
materials or hazardous waste.
“Development” means any manmade change to improved or unimproved real estate, including, but
not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavations,
drilling operations, or storage of equipment or materials located within the area of special flood
hazard.
“Director” means the director of the city of Federal Way community development department or his
or her designee.
“Elevated building” means, for insurance purposes, a nonbasement building that has its lowest
elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or
columns.
“Elevation certificate” means the official form (FEMA Form 81-31) an administrative tool of the
National Flood Insurance Program that can be used to track development, provide elevation
information necessary to ensure compliance with community floodplain management ordinances,
and to determine the proper insurance premium rate, with Section B completed by Federal Way, and
to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision – Based on
Fill (LOMR-F).
“Existing manufactured home park or subdivision” means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes are to
be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed before the effective date of the
adopted floodplain management regulations.
“Expansion to an existing manufactured home park or subdivision” means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
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homes are to be affixed (including the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads).
“Flood” or “flooding” means a general and temporary condition of partial or complete inundation of
normally dry land areas from:
(1) The overflow of inland or tidal waters; and/or
(2) The unusual and rapid accumulation of runoff of surface waters from any source.
(3) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in (a)(2) of this
definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas,
as when earth is carried by a current of water and deposited along the path of the current.
(b) The collapse or subsidence of land along the shore of a lake or other body of water as a
result of erosion or undermining caused by waves or currents of water exceeding anticipated
cyclical levels or suddenly caused by an unusually high water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or
an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in
flooding as defined in (a)(1) of this definition.
“Flood insurance rate map (FIRM)” means the official map on which the Federal Insurance
Administrationor has delineated both the areas of special flood hazards and the risk premium zones
applicable to the community.
“Flood insurance study (FIS)” means an examination, evaluation and determination of flood hazards
and, if appropriate, corresponding water surface elevations, or an examination, evaluation and
determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as a
Flood Elevation Study.the official report provided by the Federal Insurance Administration that
includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the
base flood.
“Floodplain or flood-prone area ” means any land area susceptible to being inundated by water from
any source. See “Flood or flooding”.
“Floodplain management regulations” means zoning ordinances, subdivision regulations, building
codes, health regulations, special purposes ordinances (such as floodplain ordinance, grading
ordinance and erosion control ordinance) and other applications of police power. The term describes
such state or local regulations, in any combination thereof, which provide standards for the purpose
of flood damage prevention and reduction.
“Flood proofing” means any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved
real property, water and sanitary facilities, structures, and their contents. Flood proofed structures
are those that have the structural integrity and design to be impervious to floodwater below the Base
Flood Elevation
“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot a designated height. Also known as a Regulatory Floodway”.
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“Functionally dependent use” means a use which cannot perform its intended purpose unless it is
located or carried out in close proximity to water. The term includes only docking facilities, port
facilities that are necessary for the loading and unloading of cargo or passengers, and ship building
and ship repair facilities, and does not include long term storage or related manufacturing facilities.
“Highest adjacent grade” means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
“Historic structure” means any structure that is:
1) Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing on the National Register; or
2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district; or
3) Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of Interior; or
4) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
a) By an approved state program as determined by the Secretary of the Interior, or
b) Directly by the Secretary of the Interior in states without approved programs.
“Lowest floor” means the lowest enclosed area (including basement), except that where an
unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or
storage in an area other than a basement area, is built in compliance with the applicable non-
elevation design requirements of FWRC 19.142.140(1)(b), the next lowest enclosed area is the
lowest floor.
“Manufactured home” means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached to
the required utilities, but does not include a recreational vehicle.
“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into
two or more manufactured home lots for rent or sale.
“Mean Sea Level ” means for purposes of the National Flood Insurance Program, the vertical datum
to which Base Flood Elevations shown on a community's Flood Insurance Rate Map are referenced.
“New construction” means for the purposes of determining insurance rates, structures for which the
“start of construction” commenced on or after the effective date of an initial Flood Insurance Rate
Map or after December 31, 1974, whichever is later, and includes any subsequent improvements to
such structures. For floodplain management purposes, “new construction” means structures for
which the "start of construction" commenced on or after the effective date of a floodplain
management regulation adopted by a community and includes any subsequent improvements to
such structures. for which the start of construction commenced on or after the effective date of the
ordinance codified in this chapter.
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“New manufactured home park or subdivision” means a manufactured home park or subdivision for
which the construction of facilities for servicing the lots on which the manufactured homes are to be
affixed (including at a minimum the installation of utilities, the construction of streets, and either final
site grading or the pouring of concrete pads) is completed on or after the effective date of adopted
floodplain management regulations.
“Recreational vehicle” means a vehicle:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
“Start of construction” includes substantial improvement, and means the date the building permit was
issued, where the actual start of construction, repair, reconstruction, placement or other
improvement occurs within 180 days of the permit date. See also “actual start of construction.”
“Structure” means a walled and roofed building, including a gas or liquid storage tank that is
principally above ground, as well as a manufactured home.
“Substantial damage” means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
“Substantial improvement” means any improvement of a structure, including any repair or
reconstruction, rehabilitation, addition, or other improvement of a structure where the cost of which
the improvement equals or exceeds 50 percent of the market value of the structure either before the
improvement is started or, if the structure has been damaged and is being restored, before the
damage occurred.
Substantial improvement does not include: “Start of Construction” means the improvement of
structures which have incurred “substantial damage”, regardless of the actual repair work
performed. The term does not, however, include either:
(a) any project for improvement of a structure to correct pre-cited existing violations of state or
local health, sanitary, or safety code specifications which have been previously identified by
the local code enforcement official and which are the minimum necessary to assure safe
living conditions; or
(b) any alteration of a “historic structure” that precludes the structure’s continued designation as
a “historic structure” listed on the National Register of Historic Places or a State Inventory of
Historic Places.
Substantial improvement begins when the first alteration of any wall, ceiling, floor, or other structural
part of the building commences, whether or not that alteration affects the external dimensions of the
structure.
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“Variance” means a grant of relief from the requirements of this chapter that permits construction in a
manner that would otherwise be prohibited by this chapter.
“Violation” means the failure of a structure or other development to be fully compliant with the
community's flood plain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required in this ordinance is
presumed to be in violation until such time as that documentation is provided.
“Water-dependent” means a structure for commerce or industry that cannot exist in any other
location and is dependent on the water by reason of the intrinsic nature of its operations.
Article II. Provisions
19.142.050 General provisions.
(1) Application of chapter. This chapter shall apply to all areas of special flood hazards within the
jurisdiction of Federal Way. The areas of special flood hazard identified by the Federal Insurance
Administrationor in a scientific and engineering report entitled “The Flood Insurance Study for King
County, Washington and Incorporated Areas” dated May 16, 1995 August 19, 2020, and any
revisions thereto, with an accompanying flood insurance rate map (FIRM), and any revisions thereto,
are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study
and the FIRM are on file at Federal Way City Hall. The best available information for flood hazard
area identification as outlined in FWRC 19.142.070 shall be the basis for regulation until a new FIRM
is issued that incorporates data utilized under FWRC 19.142.070.
(2) Penalties for noncompliance. No structure or land shall hereafter be constructed, located,
extended, converted, or altered Any person responsible for constructing, locating, extending,
converting, or altering a structure or land without full compliance with the terms of this chapter and
other applicable regulations shall be subject to civil enforcement penalties under FWRC 1.15.
(3) Summary abatement. Whenever any violation of this chapter causes or creates a condition which
constitutes or contributes to an immediate and emergent threat to the public health, safety or welfare
or to the environment, the director may summarily and without prior notice abate the condition.
Notice of such abatement, including the reason for it, shall be given to the person responsible for the
violation as soon as reasonably possible after abatement. The costs of such summary abatement
shall be recoverable via procedures for recovery of abatement costs as set forth in
Chapter 1.15 FWRC, Civil Enforcement of Code.
(4) Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions. However, where this chapter and another
ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
(5) Interpretation. In the interpretation and application of this chapter, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
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(6) Warning and disclaimer of liability. The degree of flood protection required by this chapter is
considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased
by manmade or natural causes. This chapter does not imply that land outside the areas of special
flood hazards or uses permitted within such areas will be free from flooding or flood damages. This
chapter shall not create liability on the part of Federal Way, any officer or employee thereof, or the
Federal Insurance Administration, for any flood damages that result from reliance on this chapter or
any administrative decision lawfully made hereunder.
19.142.060 Development activities subject to floodplain
development permits.
(1) Floodplain development permit required. A floodplain development permit shall be obtained
before construction or development begins within any area of special flood hazard established in
FWRC 19.142.050(1). The permit shall be for all structures including manufactured homes, as set
forth in FWRC 19.142.040, and for all development including fill and other activities, also as set forth
in FWRC 19.142.040.
(2) Nondevelopment activities. The following aActivities that do not meet the definition of
“development” in this chapter are allowed in the regulatory floodplain without the need for a
floodplain development permit under this chapter, provided all other federal, state, and local
requirements are met. The following are examples of activities not considered development or
manmade changes to improved or unimproved real estate:
(a) Routine maintenance of landscaping that does not involve grading, excavation, or filling;
(b) Removal of noxious weeds and hazard trees and replacement of nonnative vegetation with
native vegetation;
(c) Normal maintenance of structures, such as reroofing and replacing siding, as long as such
work does not qualify as a substantial improvement;
(d) Normal maintenance of above ground public utilities and facilities, such as replacing
downed power lines;
(e) Normal street and road maintenance, including filling potholes, repaving, and installing
signs and traffic signals, but not including expansion of paved areas; and
(f) Normal maintenance of a levee or other flood control facility prescribed in the operations
and maintenance plan for the levee or flood control facility.
(3) Other activities. All other activities not described in subsection (2) of this section are allowed, as
long as a floodplain development permit is approved, and, if required, as long as such activities meet
all the other requirements of this chapter and the other provisions of the FWRC.
(4) Application for floodplain development permit in the AE zone. Application for a floodplain
development permit shall be made and will include, but not be limited to, plans in duplicate drawn to
scale showing the nature, location, dimensions, and elevations of the area in question, existing or
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proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing.
Specifically, the following information is required:
(a) Proposed Eelevation in relation to mean sea level, of the lowest floor (including basement)
of all structures recorded on a current elevation certificate (FEMA Form 81-31) with Section B
completed by the city of Federal Way building official;
(b) Proposed Eelevation in relation to mean sea level to which any structure has been will be
floodproofed;
(c) Certification by a registered professional engineer or architect that the floodproofing
methods for any nonresidential structure meet floodproofing criteria in FWRC 19.142.140(2);
(d) Description of the extent to which a watercourse will be altered or relocated as a result of
proposed development.
(5) Application for development permit for Zone VE. Application for a floodplain development permit
shall be made and will include, but not be limited to, plans in duplicate drawn to scale showing the
nature, location, dimensions, and elevations of the area in question, existing or proposed structures,
fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the
following information is required:
(a) Proposed elevation in relation to mean sea level of the bottom of the lowest structural
member of the lowest floor (excluding pilings and columns) of all structures, and whether
such structures contain a basement;
(b) Base Flood Elevation data for subdivision proposals or other development, including
manufactured home parks or subdivisions, greater than 50 lots or 5 acres, whichever is the
lesser; and
(c) Description of the extent to which any watercourse will be altered or relocated as a result
of proposed development
(56) Designation of the local administrator. The director or designee is hereby appointed to
administer, and implement and enforce this chapter by granting or denying development permit
applications in accordance with its provisions. The director shall:
(a) Review all development applications to determine that the requirements of this chapter
have been satisfied;
(b) Review all development applications to determine that all necessary permits have been
obtained from those federal, state, or local governmental agencies from which prior approval is
required; and
(c) Review all development applications to determine if the proposed development is located in
the floodway. If located in the floodway, assure that the encroachment provisions of
FWRC 19.142.160(1) are met.
(67) Project requirements. If the project is located in the regulatory floodplain and includes activities
not listed in subsection (2) of this section, the application shall include a habitat impact assessment
57
completed by a professional biologist. If that assessment determines that impacts upon the habitat
would result from the project, the application shall also include a habitat mitigation plan. The habitat
assessment and the habitat mitigation plan shall be performed as described in FEMA’s Regional
Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound Basin, 2013, and
any revisions thereto.
(78) Third-party review. For any habitat impact assessment or habitat mitigation plan, the city may
require a third-party review. Third-party review requires the applicant’s habitat impact assessment,
habitat mitigation plan, and/or additional technical studies to be reviewed by an independent third
party, paid for by the applicant, but hired by the city. Third-party review shall be conducted by a
qualified consultant as defined in the Floodplain Habitat Assessment and Mitigation Regional
Guidance, FEMA Region X, 2010, and any revisions thereto.
19.142.070 Use of other base flood data (in A and V zones).
When base flood elevation data has not been provided (in A or V zones) in accordance with
FWRC 19.142.050(1), the director shall obtain, review, and reasonably utilize any base flood
elevation and floodway data available from a federal, state or other source, in order to administer
FWRC 19.142.140, Specific standards, and FWRC 19.142.160, Floodways.
19.142.080 Information to be obtained and maintained.
(1) Where base flood elevation data is provided through the FIS, FIRM, or required as in
FWRC 19.142.070, the applicant shall obtain and record the actual (as-built) elevation (in relation to
mean sea level) of the lowest floor (including basement) of all new or substantially improved
structures, and whether or not the structure contains a basement and provide such information to the
director or designee on a current FEMA elevation certificate (FEMA Form 81-31). Section B will be
completed by the city.
(2) For all new or substantially improved floodproofed nonresidential structures where base flood
elevation data is provided through the FIS, FIRM, or as required in FWRC 19.142.070, the applicant
shall obtain and record the elevation (in relation to mean sea level) to which the structure was
floodproofed and provide such information to the city. The city shall maintain the floodproofing
certifications required in FWRC 19.142.060(2)(c).
(3) The city shall maintain for public inspection all records pertaining to the provisions of this chapter.
19.142.090 Alteration of watercourses.
The city shall notify adjacent communities and the Department of Ecology prior to any alteration or
relocation of a watercourse, and submit evidence of such notification to the Federal Insurance
Administrationor and shall require assure that maintenance is provided within the altered or
relocated portion of said watercourse so that the flood carrying capacity is not diminished the
carrying-capacity of the altered or relocated portion of said watercourse is maintained.
19.142.095. Notification to Other Entities Changes to Floodplain Maps
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Base Flood Elevations may increase or decrease resulting from physical changes affecting flooding
conditions. As soon as practicable, but not later than six months after the date such information
becomes available, the Director shall notify the Federal Insurance Administrator of the changes by
submitting technical or scientific data in accordance with Volume 44 Code of Federal Regulations
Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes
affecting flooding conditions, risk premium rates and floodplain management requirements will be
based upon current data.
The Director shall notify the Federal Insurance Administrator in writing of acquisition by means of
annexation, incorporation or otherwise, of additional areas of jurisdiction.
19.142.100 Conditions for variances.
(1) Generally, the only condition under which a variance from the elevation standard may be issued
is for new construction and substantial improvements to be erected on a small or irregularly shaped
lot one-half acre or less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level. As the lot size increases the technical justification required
for issuing the variance increases.
(2) Variances shall not be issued within a designated floodway if any increase in flood levels during
the base flood discharge would result.
(3) Variances shall only be issued upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(4) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship to the
applicant; and
(c) A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisances, cause fraud
on or victimization of the public, or conflict with other existing laws or ordinances.
(5) Variances as interpreted in the National Flood Insurance Program are based on the general
zoning law principle that they pertain to a physical piece of property; they are not personal in nature
and do not pertain to the structure, its inhabitants, economic or financial circumstances. They
primarily address small lots in densely populated residential neighborhoods. As such, variances from
flood elevations should be quite rare.
(6) Variances may be issued for nonresidential buildings in very limited circumstances to allow a
lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that
such action will have low damage potential, complies with all other variance criteria except
subsection (1) of this section and otherwise complies with FWRC 19.142.110(1) and (3),
and 19.142.120.
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(7) Any applicant to whom a variance is granted shall be given written notice over the signature of
the Director that the permitted issuance of a variance to construct a structure will be built with its
lowest floor below the base flood elevation will result in increased premium rates for flood insurance
up to amounts as high as $25 for every $100 of insurance coverage and that such construction
below the BFE increases risks to life and property and that the cost of flood insurance will be
commensurate with the increased risk.
(8) The Director shall maintain a record of all variance actions, including justification for their
issuance.
(9) The Director shall condition the variance as needed to ensure that the requirements and criteria
of this chapter are met.
19.142.110 Provisions for flood hazard reduction.
In all areas of special flood hazards, the following standards are required:
(1) Anchoring.
(a) All new construction and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure resulting from hydrodynamic or hydrostatic
loads, including the effects of buoyancy;
(b) All manufactured homes shall be anchored to prevent flotation, collapse, or lateral
movement, and shall be installed using methods and practices that minimize flood damage.
Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to
ground anchors.
(2) Construction materials and methods.
(a) All new construction and substantial improvements shall be constructed with materials and
utility equipment resistant to flood damage.
(b) All new construction and substantial improvements shall be constructed using methods and
practices that minimize flood damage.
(c) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service
facilities shall be designed and/or otherwise elevated or located so as to prevent water from
entering or accumulating within the components during conditions of flooding. Locating such
equipment below the base flood elevation may cause annual flood insurance premiums to be
increased.
(3) Utilities.
(a) All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems;
(b) Water wells shall be located on high ground that is not in the floodway;
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(c) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the systems into floodwaters;
(d) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(4) Storage of Materials and Equipment
(a) The storage or processing of materials that could be injurious to human, animal, or plant
life if released due to damage from flooding is prohibited in special flood hazard areas.
(b) Storage of other material or equipment may be allowed if not subject to damage by floods
and if firmly anchored to prevent flotation, or if readily removable from the area within the
time available after flood warning.
19.142.120 Development Proposals, Including Manufactured
Home Parks and Subdivision proposals.
All development proposals, including subdivision and manufactured home park or subdivision
proposals, shall:
(1) All subdivision proposals shall bBe consistent with the need to minimize flood damage;
(2) All subdivision proposals shall hHave public utilities and facilities, such as sewer, gas, electrical,
and water systems located and constructed to minimize or eliminate flood damage;
(3) All subdivision proposals shall hHave adequate drainage provided to reduce exposure to flood
damage;
(4) Where base flood elevation data has not been provided or is not available from another
authoritative source, it shall be generated for subdivision proposals and other proposed
developments which contain at least all development proposals greater than 50 lots or five acres
(whichever is less).
19.142.130 Review of building permits.
Where elevation data is not available either through the FIS, FIRM, or from another authoritative
source (FWRC 19.142.070), applications for building permits shall be reviewed to assure that
proposed construction will be reasonably safe from flooding as determined by the director. The test
of reasonableness is a local judgment and includes use of historical data, high water marks,
photographs of past flooding, etc., where available.
19.142.140 Specific standards.
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The following provisions are required in all areas of special flood hazards where base flood elevation
data has been provided as set forth in FWRC 19.142.050(1) or 19.142.070.
(1) Residential construction in Zone AE.
(a) New construction and substantial improvement of any residential structure shall have the
lowest floor, including basement, elevated one foot or more above the base flood elevation
(BFE).
(b) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or if
used solely for parking, access or storage, shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a registered professional
engineer or architect or must meet or exceed the following minimum criteria:
(i) A minimum of two openings having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding shall be provided.
(ii) The bottom of all openings shall be no higher than one foot above grade.
(iii) Openings may be equipped with screens, louvers, or other coverings or devices;
provided, that they permit the automatic entry and exit of floodwaters.
Foundation vent standards required by the IBC/IRC outside the floodplain do not meet this standard
and are often inadvertently permitted. Insurance rates reflect an “all or nothing” standard. Partially
ventilated crawlspaces may be subject to an additional loading fee of 20 to 25 percent attached to
the annual insurance premium.
Upon completion of the structure, certification by a registered professional engineer or surveyor that
the elevation requirements of the lowest floor, including basement, of this section have been
satisfied shall be provided to the Director for verification.
(2) Residential construction in Zone VE
(a) Be located landward of the reach of mean high tide;
(b) Have the bottom of the lowest structural member of the lowest floor (excluding pilings and
columns), elevated to or above the Base Flood Elevation;
(c) Have the pile or column foundation and structure attached thereto be anchored to resist flotation,
collapse and lateral movement due to the effects of wind and water loads acting simultaneously on
all building components. Water loading values used shall be those associated with the base flood.
Wind loading values used shall be those required by applicable State or local building standards;
(d) Have the space below the lowest floor, usable solely for parking of vehicles, building access, or
storage, either free of obstruction or constructed with non-supporting breakaway walls, open wood
lattice-work, or insect screening intended to collapse under wind and water loads without causing
collapse, displacement, or other structural damage to the elevated portion of the building or
supporting foundation system. For the purposes of this section, a breakaway wall shall have a
design safe loading resistance of not less than 10 and no more than 20 pounds per square foot;
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(e) Prohibit the use of fill for structural support of buildings; and
(f) Prohibit man-made alteration of sand dunes and mangrove stands.
A registered professional engineer or architect shall develop or review the structural design,
specifications and plans for the construction, and shall certify that the design and methods of
construction to be used are in accordance with accepted standards of practice for meeting the
provisions of this Section.
Upon completion of construction, certification by a registered professional engineer or architect that
these design standards have been satisfied, and certification by a registered professional engineer
or surveyor that the elevation requirements of the bottom of the lowest structural member of the
lowest floor, excluding pilings and columns, of this section have been satisfied shall be provided to
the Director for verification.
(23) Nonresidential construction in an AE zone. New construction and substantial improvement of
any commercial, industrial or other nonresidential structure shall either have the lowest floor,
including basement, elevated one foot or more above the base flood elevation; or, together with
attendant utility and sanitary facilities, shall:
(a) Be floodproofed so that below one foot or more above the base flood level the structure is
watertight with walls substantially impermeable to the passage of water;
(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy;
(c) Be certified by a registered professional engineer or architect that the design and methods
of construction are in accordance with accepted standards of practice for meeting provisions of
this subsection based on their development and/or review of the structural design,
specifications and plans. Such certifications shall be provided to the official as set forth in
FWRC 19.142.060(2);
(d) Nonresidential structures that are elevated, not floodproofed, must meet the same
standards for space below the lowest floor as described in subsection (1)(b) of this section.
Applicants who are floodproofing nonresidential buildings should beware that flood insurance
premiums will be based on rates that are one foot below the floodproofed level (e.g., a building
floodproofed to the base flood level will be rated as one foot below). Floodproofing the building an
additional foot will reduce insurance premiums significantly.
Upon completion of the structure, certification by a registered professional engineer or surveyor that
the elevation requirements of the lowest floor, including basement, of this section have been
satisfied shall be provided to the Director for verification; or certification by a registered professional
engineer or architect that the floodproofing design of this section is satisfied, including the specific
elevation in relation to mean sea level to which such structures are floodproofed, shall be provided to
the Director for verification.
(4) Non-residential construction in Zone VE. Floodproofing of non-residential structures is prohibited.
All structures must be elevated and constructed according to the requirements set forth in FWRC
19.142.140(1).
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(35) Manufactured homes. All manufactured homes in the floodplain to be placed or substantially
improved on sites shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is elevated one foot or more above the base flood elevation and be securely
anchored to an adequately anchored foundation system to resist flotation, collapse and lateral
movement.
Upon completion of installation of the manufactured home, certification by a registered professional
engineer or surveyor that the elevation requirements of this section have been satisfied shall be
provided to the Director for verification.
(6) Manufactured homes in Zone VE. All manufactured homes to be placed or substantially improved
on sites shall meet the standards of residential construction in VE Zones in FWRC 19.142.140(1).
Upon completion of installation of the manufactured home, certification by a registered professional
engineer or surveyor that the elevation requirements of this section have been satisfied shall be
provided to the Director for verification.
(47) Recreational vehicles. Recreational vehicles placed on sites are required to either:
(a) Be on the site for fewer than 180 consecutive days; or
(b) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the
site only by quick disconnect type utilities and security devices, and have no permanently
attached additions; or
(c) Meet the requirements of subsection (3) of this section and the elevation and anchoring
requirements for manufactured homes.
19.142.150 AE and A1-30 zones with base flood elevations but no
floodways.
In areas with base flood elevations (but a regulatory floodway has not been designated), no new
construction, substantial improvements, or other development (including fill) shall be permitted within
zones A1-30 and Zone AE on the community’s FIRM, unless it is demonstrated that the cumulative
effect of the proposed development, when combined with all other existing and anticipated
development, will not increase the water surface elevation of the base flood more than one foot at
any point within the community.
19.142.160 Floodways.
Located within areas of special flood hazard established in FWRC 19.142.050(1) are areas
designated as floodways. Chapter 86.16 RCW will need to be consulted in addition to this Code. The
more restrictive provisions shall apply. Since the floodway is an extremely hazardous area due to the
velocity of floodwaters that can carry debris, and increase erosion potential, the following provisions
apply:
(1) Encroachments, including fill, new construction, substantial improvements, and other
development shall be prohibited unless certification by a registered professional engineer is provided
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demonstrating through hydrologic and hydraulic analyses performed in accordance with standard
engineering practice that the proposed encroachment would not result in any increase in flood levels
during the occurrence of the base flood discharge.
(2) Construction or reconstruction of residential structures is prohibited within designated floodways,
except for (a) repairs, reconstruction, or improvements to a structure which do not increase the
ground floor area; and (b) repairs, reconstruction or improvements to a structure, the cost of which
does not exceed 50 percent of the market value of the structure either (i) before the repair, or
reconstruction is started, or (ii) if the structure has been damaged, and is being restored, before the
damage occurred. Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living conditions, or to
structures identified as historic places, may be excluded in the 50 percent.
(3) If subsection (1) of this section is satisfied, all new construction and substantial improvements
shall comply with all applicable flood hazard reduction provisions of FWRC 19.142.110, Provisions
for flood hazard reduction.
19.142.170 Critical facility.
Construction of new critical facilities shall be, to the extent possible, located outside the limits of the
special flood hazard area (SFHA) (100-year floodplain). Construction of new critical facilities shall be
permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed
within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the
500-year flood, whichever is higher. Access to and from the critical facility should also be protected
to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic
substances will not be displaced by or released into floodwaters. Access routes elevated to or above
the level of the base flood elevation shall be provided to all critical facilities to the extent possible.
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ORDINANCE NO. _________
AN ORDINANCE of the City of Federal Way, Washington, relating
to floodplain development and permitting processes within the City;
amending FWRC 19.142 (Amending Ordinance Nos. 06-536, 09-593,
09-597, and 18-856)
______________________________________________________________________________
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal
Way Revised Code (“FWRC”), “Zoning and Development Code,” in order to conform to state
and federal law, codify administrative practices, clarify and update zoning regulations as deemed
necessary, and improve the efficiency of the regulations and the development review process;
and
WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to
Chapter 19.35 FWRC; and
WHEREAS, it is in the public interest for the City Council to revise the regulations for
flood damage prevention which establishes development regulations within flood hazard areas
within the City of Federal Way; and
WHEREAS, it is in the public interest for the City Council to adopt amended
development regulations for Chapter 19.142 FWRC regarding development within frequently
flooded areas; and
WHEREAS, the State developed new language regarding flood prevention that has not
been incorporated into Chapter 19.142 FWRC; and
WHEREAS, the State Department of Ecology, through its Community Assistance Visit,
informed the City that the new State language needed to be added to the chapters of the FWRC
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that regulate development within the areas designated as floodplains by the Federal Emergency
Management Agency (“FEMA”); and
WHEREAS, the absence of such language necessitates amendment to the FWRC Section
19.142 to incorporate the State-required language; and
WHEREAS, the Planning Commission conducted public discussion of these code
amendments throughout May and early June 2020; and
WHEREAS, an Environmental Determination of Nonsignificance (“DNS”) was properly
issued for the Proposal on May 15, 2020 and no comments or appeals were received and the
DNS was finalized on June 19, 2020; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing
on these code amendments on June 17, 2020 and forwarded a recommendation for approval to
the City Council to (1) amend FWRC 19.142.040 add and amend definitions; (2) amend FWRC
19.142.050 by referencing the date of affect for new data; (3) amend FWRC 19.142.060 to
distinguish regulations for the AE and VE; and (5) amend FWRC 19.142.090 and adding FWRC
19.142.095 placing greater responsibility upon the floodplain administrator insuring that
developments meet adopted criteria; and (6) amend FWRC 19.142.100 by placing additional
actions necessary in granting variances to the code; and (7) amend FWRC 19.142.110 by placing
greater restriction on storage of hazardous materials upon areas of floodplain; and (8) amend
FWRC 19.142.120 by including manufactured home parks as subdivisions; and (9) amend
FWRC 19.142.140 adding standards for development in the AE and VE zones; and (10) amend
FWRC 19.142.150 eliminating the A1-30 flood classification.
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WHEREAS, this ordinance, containing amendments to development regulations and the
text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to
Chapter 19.35 FWRC; and
WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council
considered these code amendments on July 6, 2020, and recommended adoption of the text
amendments as recommended by the Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments:
(a) These code amendments are in the best interest of the residents of the City and
will benefit the City as a whole by clarifying requirements of State regulation and correcting
textual duplication within the Code that will mitigate the need for interpretation when reviewing
projects proposed within the identified floodplains.
(b) These code amendments comply with Chapter 36.70A RCW, Growth
Management.
(c) These code amendments are consistent with the intent and purpose of Title 19 and
Title 15 FWRC and will implement, and are consistent with, the applicable provisions of the
Federal Way Comprehensive Plan.
(d) These code amendments bear a substantial relationship to, and will protect and
not adversely affect, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the
Federal Way Revised Code.
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Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1, the Federal Way City Council
makes the following Conclusions of Law with respect to the decisional criteria necessary for the
adoption of the proposed amendments:
(a) The proposed FWRC amendments are consistent with, and substantially
implement, the following Federal Way Comprehensive Plan goals and policies:
Goals:
NEG1 To preserve the City’s natural systems in order to protect public health,
safety, and welfare, and to maintain the integrity of the natural
environment.
NEP4 The City will continue to work with internal departments, state and
regional agencies, neighboring jurisdictions, and tribes to protect
environmentally critical areas and the City’s natural environment.
NEP6 Mitigation sequencing steps, which begin with avoiding impacts
altogether by not taking certain action or parts of an action, should be
applied to all projects where impacts to environmentally critical areas are
proposed.
NEP7 Implement and periodically update environmentally critical area
regulations consistent with Best Available Science while also taking into
consideration the City’s obligation to meet urban-level densities and other
requirements under the GMA.
NEG6 To prevent the loss of life, property, and habitat in frequently flooded
areas.
NEP41 New improvements should not be located in floodplains unless fully
mitigated via best building practices within areas of special flood hazard,
shallow flooding, coastal high hazard, and floodways. FWCP – Chapter
Nine, Natural Environment Revised 2015 IX-10
(b) The proposed FWRC amendments bear a substantial relationship to the public
health, safety, and welfare because they provide clarification and additions to the sections of the
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Code designed to prevent flood damage to life and property located in identified floodplains
within the City of Federal Way.
(c) The proposed amendments are in the best interest of the public and the residents
of the City of Federal Way because they conform to requirements of the Federal Emergency
Management Agency and allow land within the City to remain eligible for federal flood
insurance.
Section 3. Chapter 19.142 is hereby amended to read as follows:
Chapter 19.142
FLOOD DAMAGE PREVENTION
Sections:
Article I. Generally
19.142.010 Purpose.
19.142.020 Adoption of state and federal statutes and regulations.
19.142.030 Methods of reducing flood losses.
19.142.040 Definitions.
Article II. Provisions
19.142.050 General provisions.
19.142.060 Development activities subject to floodplain development permits.
19.142.070 Use of other base flood data (in A and V zones).
19.142.080 Information to be obtained and maintained.
19.142.090 Alteration of watercourses.
19.142.095 Notification to Other Entities Changes to Floodplain Maps
19.142.100 Conditions for variances.
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19.142.110 Provisions for flood hazard reduction.
19.142.120 Development proposals, including manufacturing home parks and
Subdivision proposals.
19.142.130 Review of building permits.
19.142.140 Specific standards.
19.142.150 AE and A1-30 zones with base flood elevations but no floodways.
19.142.160 Floodways.
19.142.170 Critical facility.
Section 4. FWRC 19.142.040 is hereby amended to read as follows:
19.142.040 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise. Terms not defined here are defined according to Chapter 19.05 or 16.05 FWRC or
FWRC 1.05.020, in that order.
“Actual start of construction” means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, any work beyond the stage of excavation, or the placement of a
manufactured home on a foundation. Permanent construction does not include land preparation,
such as clearing, grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers, or foundations or the
erection of temporary forms; nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units or not part of the main
structure. “Actual start of construction,” for a substantial improvement, means the first alteration
of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
“Alteration of watercourse” means any action that will change the location of the channel
occupied by water within the banks of any portion of a riverine waterbody.
“Appeal” means a request for a review of the interpretation of any provision of this chapter or a
request for a variance.
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“Area of shallow flooding” means designated as zone AO or AH zone on the flood insurance
rate map (FIRM). Zone AO zones havehas base flood depths that range from one to three feet
above the natural ground; a clearly defined channel does not exist; the path of flooding is
unpredictable and indeterminate; and velocity flow may be evident. Zone AO is characterized as
sheet flow; zone AH indicates ponding, and is shown with standard base flood elevations.
“Area of special flood hazard” means the land in the floodplain within a community subject to a
one percent or greater chance of flooding in any given year. Designation on maps always
includes the letter A or V.
“Base flood” means the flood having a one percent chance of being equaled or exceeded in any
given year (also referred to as the “100-year flood”). Designated on flood insurance rate maps by
the letter A or V.
“Base flood elevation (BFE)” means the elevation to which floodwater is anticipated to rise
during the base flood.
“Basement” means any area of the building having its floor sub-grade (below ground level) on
all sides.
“Breakaway wall” means a wall that is not part of the structural support of the building and is
intended through its design and construction to collapse under specific lateral loading forces,
without causing damage to the elevated portion of the building or supporting foundation system.
“Coastal high hazard area” means an area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and any other area subject to high
velocity wave action from storms or seismic sources. The area is designated on the FIRM as
zone V1-30, VE or V.
“Critical facility” means a facility for which even a slight chance of flooding might be too great.
Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire
and emergency response installations, and installations which produce, use, or store hazardous
materials or hazardous waste.
“Development” means any manmade change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavations, drilling operations, or storage of equipment or materials located within the area of
special flood hazard.
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“Director” means the director of the city of Federal Way community development department
or his or her designee. The director or his or her designee is the Floodplain Administrator for the
city.
“Elevated building” means, for insurance purposes, a nonbasement building that has its lowest
elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or
columns.
“Elevation certificate” means the official form (FEMA Form 81-31)an administrative tool of the
National Flood Insurance Program that can be used to track development, provide elevation
information necessary to ensure compliance with community floodplain management ordinances,
and to determine the proper insurance premium rate, with Section B completed by Federal Way,
and to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision –
Based on Fill (LOMR-F).
“Existing manufactured home park or subdivision” means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
before the effective date of the adopted floodplain management regulations.
“Expansion to an existing manufactured home park or subdivision” means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads).
“Flood” or “flooding” means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters; and/or
(2) The unusual and rapid accumulation of runoff of surface waters from any source.
(3) Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in:
a) (2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of
normally dry land areas, as when earth is carried by a current of water and deposited along the
path of the current.
b) The collapse or subsidence of land along the shore of a lake or other body of water as a
result of erosion or undermining caused by waves or currents of water exceeding anticipated
cyclical levels or suddenly caused by an unusually high water level in a natural body of water,
accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an
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abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in
flooding as defined in (a)(1) of this definition.
“Flood insurance rate map (FIRM)” means the official map on which the Federal Insurance
Administrationtor has delineated both the areas of special flood hazards and the risk premium
zones applicable to the community.
“Flood insurance study (FIS)” means an examination, evaluation and determination of flood
hazards and, if appropriate, corresponding water surface elevations, or an examination,
evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
Also known as a Flood Elevation Study. the official report provided by the Federal Insurance
Administration that includes flood profiles, the flood boundary-floodway map, and the water
surface elevation of the base flood.
“Floodplain or flood-prone area ” means any land area susceptible to being inundated by water
from any source. See “Flood or flooding”.
“Floodplain management regulations” means zoning ordinances, subdivision regulations,
building codes, health regulations, special purposes ordinances (such as floodplain ordinance,
grading ordinance and erosion control ordinance) and other applications of police power. The
term describes such state or local regulations, in any combination thereof, which provide
standards for the purpose of flood damage prevention and reduction.
“Flood proofing” means any combination of structural and nonstructural additions, changes, or
adjustments to structures which reduce or eliminate risk of flood damage to real estate or
improved real property, water and sanitary facilities, structures, and their contents. Flood
proofed structures are those that have the structural integrity and design to be impervious to
floodwater below the Base Flood Elevation.
“Floodway” means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot a designated height. Also known as a Regulatory
Floodway”.
“Functionally dependent use” means a use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes only docking facilities,
port facilities that are necessary for the loading and unloading of cargo or passengers, and ship
building and ship repair facilities, and does not include long term storage or related
manufacturing facilities.
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“Highest adjacent grade” means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
“Historic structure” means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register; or
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district; or
(3) Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior, or
(b) Directly by the Secretary of the Interior in states without approved programs.
“Lowest floor” means the lowest enclosed area (including basement), except that where an
unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or
storage in an area other than a basement area, is built in compliance with the applicable non-
elevation design requirements of FWRC 19.142.140(1)(b), the next lowest enclosed area is the
lowest floor.
“Manufactured home” means a structure, transportable in one or more sections, which is built
on a permanent chassis and is designed for use with or without a permanent foundation when
attached to the required utilities, but does not include a recreational vehicle.
“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
“Mean Sea Level ” means for purposes of the National Flood Insurance Program, the vertical
datum to which Base Flood Elevations shown on a community's Flood Insurance Rate Map are
referenced.
“New construction” means for the purposes of determining insurance rates, structures for which
the “start of construction” commenced on or after the effective date of an initial Flood Insurance
Rate Map or after December 31, 1974, whichever is later, and includes any subsequent
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improvements to such structures. For floodplain management purposes, “new construction”
means structures for which the "start of construction" commenced on or after the effective date
of a floodplain management regulation adopted by a community and includes any subsequent
improvements to such structures for which the start of construction commenced on or after the
effective date of the ordinance codified in this chapter.
“New manufactured home park or subdivision” means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes
are to be affixed (including at a minimum the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is completed on or after the
effective date of adopted floodplain management regulations.
“Recreational vehicle” means a vehicle:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
“Start of construction” includes substantial improvement, and means the date the building
permit was issued, where the actual start of construction, repair, reconstruction, placement or
other improvement occurs within 180 days of the permit date. See also “actual start of
construction.”
“Structure” means a walled and roofed building, including a gas or liquid storage tank that is
principally above ground, as well as a manufactured home.
“Substantial damage” means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
“Substantial improvement” means any improvement of a structure, including any repair or
reconstruction, rehabilitation, addition, or other improvement of a structure where the cost of
which the improvement equals or exceeds 50 percent of the market value of the structure either
before the “start of construction” of the improvement is started or, if the structure has been
damaged and is being restored, before the damage occurred..
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Substantial improvement does not include:This term includes structures which have incurred
“substantial damage”, regardless of the actual repair work performed. The term does not,
however, include either:
(1) any project for improvement of a structure to correct pre-cited existing violations of state or
local health, sanitary, or safety code specifications which have been previously identified by the
local code enforcement official and which are the minimum necessary to assure safe living
conditions; or
(2) any alteration of a “historic structure” that precludes the structure’s continued designation as
a “historic structure” listed on the National Register of Historic Places or a State Inventory of
Historic Places.
Substantial improvement begins when the first alteration of any wall, ceiling, floor, or other
structural part of the building commences, whether or not that alteration affects the external
dimensions of the structure.
“Variance” means a grant of relief from the requirements of this chapter that permits
construction in a manner that would otherwise be prohibited by this chapter.
“Violation” means the failure of a structure or other development to be fully compliant with the
community's flood plain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required in this
ordinance is presumed to be in violation until such time as that documentation is provided.
“Water-dependent” means a structure for commerce or industry that cannot exist in any other
location and is dependent on the water by reason of the intrinsic nature of its operations.
Section 5. FWRC 19.142.050 is hereby amended to read as follows:
19.142.050 General Provisions
(1) Application of chapter. This chapter shall apply to all areas of special flood hazards within
the jurisdiction of Federal Way. The areas of special flood hazard identified by the Federal
Insurance Administrationor in a scientific and engineering report entitled “The Flood Insurance
Study for King County, Washington and Incorporated Areas” dated May 16, 1995 August 19,
2020, and any revisions thereto, with an accompanying flood insurance rate map (FIRM), and
any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter.
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The flood insurance study and the FIRM are on file at Federal Way City Hall. The best available
information for flood hazard area identification as outlined in FWRC 19.142.070 shall be the
basis for regulation until a new FIRM is issued that incorporates data utilized under
FWRC 19.142.070.
(2) Penalties for noncompliance. No structure or land shall hereafter be constructed, located,
extended, converted, or altered Any person responsible for constructing, locating, extending,
converting, or altering a structure or land without full compliance with the terms of this chapter
and other applicable regulations. shall be subject to civil enforcement penalties under FWRC
1.15.
(3) Summary abatement. Whenever any violation of this chapter causes or creates a condition
which constitutes or contributes to an immediate and emergent threat to the public health, safety
or welfare or to the environment, the director may summarily and without prior notice abate the
condition. Notice of such abatement, including the reason for it, shall be given to the person
responsible for the violation as soon as reasonably possible after abatement. The costs of such
summary abatement shall be recoverable via procedures for recovery of abatement costs as set
forth in Chapter 1.15 FWRC, Civil Enforcement of Code.
(4) Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. However, where this chapter and
another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
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(5) Interpretation. In the interpretation and application of this chapter, all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body; and
(c) Deemed neither to limit nor repeal any other powers granted under state statutes.
(6) Warning and disclaimer of liability. The degree of flood protection required by this chapter is
considered reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood heights may be
increased by manmade or natural causes. This chapter does not imply that land outside the areas
of special flood hazards or uses permitted within such areas will be free from flooding or flood
damages. This chapter shall not create liability on the part of Federal Way, any officer or
employee thereof, or the Federal Insurance Administration, for any flood damages that result
from reliance on this chapter or any administrative decision lawfully made hereunder.
Section 6: FWRC 19.142.060 is hereby amended to read as follows:
Development activities subject to floodplain development permits.
(1) Floodplain development permit required. A floodplain development permit shall be obtained
before construction or development begins within any area of special flood hazard established in
FWRC 19.142.050(1). The permit shall be for all structures including manufactured homes, as
set forth in FWRC 19.142.040, and for all development including fill and other activities, also as
set forth in FWRC 19.142.040.
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(2) Nondevelopment activities. The following aActivities that do not meet the definition of
“development” in this chapter are allowed in the regulatory floodplain without the need for a
floodplain development permit under this chapter, provided all other federal, state, and local
requirements are met. The following are examples of activities not considered development or
manmade changes to improved or unimproved real estate:
(a) Routine maintenance of landscaping that does not involve grading, excavation, or filling;
(b) Removal of noxious weeds and hazard trees and replacement of nonnative vegetation
with native vegetation;
(c) Normal maintenance of structures, such as reroofing and replacing siding, as long as such
work does not qualify as a substantial improvement;
(d) Normal maintenance of above ground public utilities and facilities, such as replacing
downed power lines;
(e) Normal street and road maintenance, including filling potholes, repaving, and installing
signs and traffic signals, but not including expansion of paved areas; and
(f) Normal maintenance of a levee or other flood control facility prescribed in the operations
and maintenance plan for the levee or flood control facility.
(3) Other activities. All other activities not described in subsection (2) of this section are
allowed, as long as a floodplain development permit is approved, and, if required, as long as such
activities meet all the other requirements of this chapter and the other provisions of the FWRC.
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(4) Application for floodplain development permit in zone AE. Application for a floodplain
development permit shall be made and will include, but not be limited to, plans in duplicate
drawn to scale showing the nature, location, dimensions, and elevations of the area in question,
existing or proposed structures, fill, storage of materials, drainage facilities, and the location of
the foregoing. Specifically, the following information is required:
(a) Proposed Eelevation in relation to mean sea level, of the lowest floor (including
basement) of all structures recorded on a current elevation certificate (FEMA Form 81-31) with
Section B completed by the city of Federal Way building official;
(b) Proposed Eelevation in relation to mean sea level to which any structure has been will be
floodproofed;
(c) Certification by a registered professional engineer or architect that the floodproofing
methods for any nonresidential structure meet floodproofing criteria in FWRC 19.142.140(2);
(d) Description of the extent to which a watercourse will be altered or relocated as a result of
proposed development.
(5) Application for floodplain development permit for zone VE. Application for a floodplain
development permit shall be made and will include, but not be limited to, plans in duplicate
drawn to scale showing the nature, location, dimensions, and elevations of the area in question,
existing or proposed structures, fill, storage of materials, drainage facilities, and the location of
the foregoing. Specifically, the following information is required:
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(a) Proposed elevation in relation to mean sea level of the bottom of the lowest structural
member of the lowest floor (excluding pilings and columns) of all structures, and whether such
structures contain a basement;
(b) Base Flood Elevation data for subdivision proposals or other development, including
manufactured home parks or subdivisions, greater than 50 lots or 5 acres, whichever is the lesser;
and
(c) Description of the extent to which any watercourse will be altered or relocated as a result
of proposed development
(56) Designation of the local administrator. The director or designee is hereby appointed to
administer, and implement and enforce this chapter by granting or denying development permit
applications in accordance with its provisions. The director shall:
(a) Review all development applications to determine that the requirements of this chapter
have been satisfied;
(b) Review all development applications to determine that all necessary permits have been
obtained from those federal, state, or local governmental agencies from which prior approval is
required; and
(c) Review all development applications to determine if the proposed development is located
in the floodway. If located in the floodway, assure that the encroachment provisions of
FWRC 19.142.160(1) are met.
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(67) Project requirements. If the project is located in the regulatory floodplain and includes
activities not listed in subsection (2) of this section, the application shall include a habitat impact
assessment completed by a professional biologist. If that assessment determines that impacts
upon the habitat would result from the project, the application shall also include a habitat
mitigation plan. The habitat assessment and the habitat mitigation plan shall be performed as
described in FEMA’s Regional Guidance for Floodplain Habitat Assessment and Mitigation in
the Puget Sound Basin, 2013, and any revisions thereto.
(78) Third-party review. For any habitat impact assessment or habitat mitigation plan, the city
may require a third-party review. Third-party review requires the applicant’s habitat impact
assessment, habitat mitigation plan, and/or additional technical studies to be reviewed by an
independent third party, paid for by the applicant, but hired by the city. Third-party review shall
be conducted by a qualified consultant as defined in the Floodplain Habitat Assessment and
Mitigation Regional Guidance, FEMA Region X, 2010, and any revisions thereto.
Section 7. FWRC 19.142.090 is hereby amended to read as follows:
Alteration of watercourses.
The city shall notify adjacent communities and the Department of Ecology prior to any alteration
or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance
Administrationor and shall require assure that maintenance is provided within the altered or
relocated portion of said watercourse so that the flood carrying capacity is not diminished the
carrying-capacity of the altered or relocated portion of said watercourse is maintained.
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The Director shall notify the Federal Insurance Administrator in writing of acquisition by means
of annexation, incorporation or otherwise, of additional areas of jurisdiction.
Section 8. FWRC 19.142.100 is hereby amended to read as follows:
Conditions for variances.
(1) Generally, the only condition under which a variance from the elevation standard may be
issued is for new construction and substantial improvements to be erected on a small or
irregularly shaped lot one-half acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood level. As the lot size increases the technical
justification required for issuing the variance increases.
(2) Variances shall not be issued within a designated floodway if any increase in flood levels
during the base flood discharge would result.
(3) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(4) Variances shall only be issued upon:
(a) A showing of good and sufficient cause;
(b) A determination that failure to grant the variance would result in exceptional hardship to
the applicant; and
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(c) A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on
or victimization of the public, or conflict with other existing laws or ordinances.
(5) Variances as interpreted in the National Flood Insurance Program are based on the general
zoning law principle that they pertain to a physical piece of property; they are not personal in
nature and do not pertain to the structure, its inhabitants, economic or financial circumstances.
They primarily address small lots in densely populated residential neighborhoods. As such,
variances from flood elevations should be quite rare.
(6) Variances may be issued for nonresidential buildings in very limited circumstances to allow a
lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined
that such action will have low damage potential, complies with all other variance criteria except
subsection (1) of this section and otherwise complies with FWRC 19.142.110(1) and (3),
and 19.142.120.
(7) Any applicant to whom a variance is granted shall be given written notice over the signature
of the Director that the permitted issuance of a variance to construct a structure will be built with
its lowest floor below the base flood elevation will result in increased premium rates for flood
insurance up to amounts as high as $25 for every $100 of insurance coverage and that such
construction below the BFE increases risks to life and property and that the cost of flood
insurance will be commensurate with the increased risk.
(8) The Director shall maintain a record of all variance actions, including justification for their
issuance.
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(9) The Director shall condition the variance as needed to ensure that the requirements and
criteria of this chapter are met.
Section 9. FWRC 19.142.110 is hereby amended to read as follows:
Provisions for flood hazard reduction.
In all areas of special flood hazards, the following standards are required:
(1) Anchoring.
(a) All new construction and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure resulting from hydrodynamic or hydrostatic loads,
including the effects of buoyancy;
(b) All manufactured homes shall be anchored to prevent flotation, collapse, or lateral
movement, and shall be installed using methods and practices that minimize flood damage.
Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to
ground anchors.
(2) Construction materials and methods.
(a) All new construction and substantial improvements shall be constructed with materials
and utility equipment resistant to flood damage.
(b) All new construction and substantial improvements shall be constructed using methods
and practices that minimize flood damage.
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(c) Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other
service facilities shall be designed and/or otherwise elevated or located so as to prevent water
from entering or accumulating within the components during conditions of flooding. Locating
such equipment below the base flood elevation may cause annual flood insurance premiums to
be increased.
(3) Utilities.
(a) All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems;
(b) Water wells shall be located on high ground that is not in the floodway;
(c) New and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the systems into floodwaters;
(d) On-site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
(4) Storage of Materials and Equipment
(a) The storage or processing of materials that could be injurious to human, animal, or plant
life if released due to damage from flooding is prohibited in special flood hazard areas.
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(b) Storage of other material or equipment may be allowed if not subject to damage by floods
and if firmly anchored to prevent flotation, or if readily removable from the area within the time
available after flood warning.
Section 10. Chapter 19.142.120 is hereby amended to read as follows:
Subdivision proposals.
All development proposals, including subdivision and manufactured home park or subdivision
proposals, shall:
(1) All subdivision proposals shall bBe consistent with the need to minimize flood damage;
(2) All subdivision proposals shall hHave public utilities and facilities, such as sewer, gas,
electrical, and water systems located and constructed to minimize or eliminate flood damage;
(3) All subdivision proposals shall hHave adequate drainage provided to reduce exposure to
flood damage;
(4) Where base flood elevation data has not been provided or is not available from another
authoritative source, it shall be generated for subdivision proposals and other proposed
developments which contain at least all development proposals greater than 50 lots or five acres
(whichever is less).
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Section 11. FWRC 19.142.140 is hereby amended to read as follows:
Specific standards.
The following provisions are required in all areas of special flood hazards where base flood
elevation data has been provided as set forth in FWRC 19.142.050(1) or 19.142.070.
(1) Residential construction in zone AE.
(a) New construction and substantial improvement of any residential structure shall have the
lowest floor, including basement, elevated one foot or more above the base flood elevation
(BFE).
(b) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or
if used solely for parking, access or storage, shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a registered professional
engineer or architect or must meet or exceed the following minimum criteria:
(i) A minimum of two openings having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding shall be provided.
(ii) The bottom of all openings shall be no higher than one foot above grade.
(iii) Openings may be equipped with screens, louvers, or other coverings or devices;
provided, that they permit the automatic entry and exit of floodwaters.
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Foundation vent standards required by the IBC/IRC outside the floodplain do not meet this
standard and are often inadvertently permitted. Insurance rates reflect an “all or nothing”
standard. Partially ventilated crawlspaces may be subject to an additional loading fee of 20 to 25
percent attached to the annual insurance premium.
Upon completion of the structure, certification by a registered professional engineer or surveyor
that the elevation requirements of the lowest floor, including basement, of this section have been
satisfied shall be provided to the Director for verification.
(2) Residential construction in Zone VE
(a) Be located landward of the reach of mean high tide;
(b) Have the bottom of the lowest structural member of the lowest floor (excluding pilings
and columns), elevated to or above the Base Flood Elevation;
(c) Have the pile or column foundation and structure attached thereto be anchored to resist
flotation, collapse and lateral movement due to the effects of wind and water loads acting
simultaneously on all building components. Water loading values used shall be those associated
with the base flood. Wind loading values used shall be those required by applicable state or local
building standards;
(d) Have the space below the lowest floor, usable solely for parking of vehicles, building
access, or storage, either free of obstruction or constructed with non-supporting breakaway walls,
open wood lattice-work, or insect screening intended to collapse under wind and water loads
without causing collapse, displacement, or other structural damage to the elevated portion of the
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building or supporting foundation system. For the purposes of this section, a breakaway wall
shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per
square foot;
(e) Prohibit the use of fill for structural support of buildings; and
(f) Prohibit man-made alteration of sand dunes and mangrove stands.
A registered professional engineer or architect shall develop or review the structural design,
specifications and plans for the construction, and shall certify that the design and methods of
construction to be used are in accordance with accepted standards of practice for meeting the
provisions of this Section.
Upon completion of construction, certification by a registered professional engineer or architect
that these design standards have been satisfied, and certification by a registered professional
engineer or surveyor that the elevation requirements of the bottom of the lowest structural
member of the lowest floor, excluding pilings and columns, of this section have been satisfied
shall be provided to the Director for verification.
(23) Nonresidential construction in an AE zone. New construction and substantial improvement
of any commercial, industrial or other nonresidential structure shall either have the lowest floor,
including basement, elevated one foot or more above the base flood elevation; or, together with
attendant utility and sanitary facilities, shall:
(a) Be floodproofed so that below one foot or more above the base flood level the structure is
watertight with walls substantially impermeable to the passage of water;
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(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy;
(c) Be certified by a registered professional engineer or architect that the design and methods
of construction are in accordance with accepted standards of practice for meeting provisions of
this subsection based on their development and/or review of the structural design, specifications
and plans. Such certifications shall be provided to the official as set forth in
FWRC 19.142.060(2);
(d) Nonresidential structures that are elevated, not floodproofed, must meet the same
standards for space below the lowest floor as described in subsection (1)(b) of this section.
Applicants who are floodproofing nonresidential buildings should beware that flood insurance
premiums will be based on rates that are one foot below the floodproofed level (e.g., a building
floodproofed to the base flood level will be rated as one foot below). Floodproofing the building
an additional foot will reduce insurance premiums significantly.
Upon completion of the structure, certification by a registered professional engineer or surveyor
that the elevation requirements of the lowest floor, including basement, of this section have been
satisfied shall be provided to the Director for verification; or certification by a registered
professional engineer or architect that the floodproofing design of this section is satisfied,
including the specific elevation in relation to mean sea level to which such structures are
floodproofed, shall be provided to the Director for verification.
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(4) Non-residential construction in Zone VE. Floodproofing of non-residential structures is
prohibited. All structures must be elevated and constructed according to the requirements set
forth in FWRC 19.142.140(1).
(35) Manufactured homes in zone AE. All manufactured homes in the floodplain to be placed or
substantially improved on sites shall be elevated on a permanent foundation such that the lowest
floor of the manufactured home is elevated one foot or more above the base flood elevation and
be securely anchored to an adequately anchored foundation system to resist flotation, collapse
and lateral movement.
Upon completion of installation of the manufactured home, certification by a registered
professional engineer or surveyor that the elevation requirements of this section have been
satisfied shall be provided to the Director for verification.
(6) All manufactured homes to be placed or substantially improved on sites shall meet the
standards of residential construction in VE Zones in FWRC 19.142.140(1).
Upon completion of installation of the manufactured home, certification by a registered
professional engineer or surveyor that the elevation requirements of this section have been
satisfied shall be provided to the Director for verification.
(47) Recreational vehicles. Recreational vehicles placed on sites are required to either:
(a) Be on the site for fewer than 180 consecutive days; or
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(b) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the
site only by quick disconnect type utilities and security devices, and have no permanently
attached additions; or
(c) Meet the requirements of subsection (3) of this section and the elevation and anchoring
requirements for manufactured homes.
Section 12. Chapter 19.142.150 is hereby amended to read as follows:
AE and A1-30 zones with base flood elevations but no floodways.
In areas with base flood elevations (but a regulatory floodway has not been designated), no new
construction, substantial improvements, or other development (including fill) shall be permitted
within zones A1-30 and Zone AE on the community’s FIRM, unless it is demonstrated that the
cumulative effect of the proposed development, when combined with all other existing and
anticipated development, will not increase the water surface elevation of the base flood more
than one foot at any point within the community.
Section 13. FWRC 19.142.095 is hereby added to read as follows:
Notification to Other Entities Changes to Floodplain Maps
Base Flood Elevations may increase or decrease resulting from physical changes affecting
flooding conditions. As soon as practicable, but not later than six months after the date such
information becomes available, the Director shall notify the Federal Insurance Administrator of
the changes by submitting technical or scientific data in accordance with Volume 44 Code of
Federal Regulations Section 65.3. Such a submission is necessary so that upon confirmation of
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those physical changes affecting flooding conditions, risk premium rates and floodplain
management requirements will be based upon current data.
Section 14. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Section 15. 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 16. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 17. Effective Date. This ordinance shall be effective five (5) days after passage
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this 11th day of August, 2020.
[signatures to follow]
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CITY OF FEDERAL WAY:
________________________________
JIM FERRELL, MAYOR
ATTEST:
________________________________________
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
__________________________________________
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.: ____________
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ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating
to the adoption and extension of interim land use regulations and
official controls pursuant to RCW 35A.63.220 and RCW 36.70A.390
to control the provision of telecommunications facilities within the
City, which were adopted pursuant to Ordinance No. 19-862.
(Amending Ordinance Nos. 19-862, 18-850; 15-804; 15-797; 13-754;
11-700; 09-610; 09-605; 09-593; 08-585; 97-291; 90-43 and 19-862).
WHEREAS, the City of Federal Way has the authority to adopt interim land use
regulations pursuant to RCW 35A.63.220; and
WHEREAS, Chapter 19.256 of the Federal Way Revised Code (“FWRC”) was amended
pursuant to Ordinance 19-862 adopting interim zoning regulation regarding telecommunications
facilities effective January 9, 2019; and
WHEREAS, the Federal Communications Commission (“FCC”) adopted a Regulatory
Ruling, Order, and Regulation 85 FCC 51867 (“FCC Order”) governing small wireless facilities
that impose limitations on the processing of all permits associated with the deployment of small
wireless facilities; and
WHEREAS, the FCC Order requires the City to adopt aesthetic standards for such
deployments and to utilize a consolidated process emphasizing administrative review in order to
comply with federal safe harbors or presumptively reasonable time limits for review; and
WHEREAS, Ordinance No. 19-862 was enacted in part to address the requirements of
FCC regulatory orders; and
WHEREAS, the Federal Order imposed significant constraints on the exercise of local
authority as well as procedural requirements; and
WHEREAS, the FCC Order has been the subject of multiple appeals consolidated before
the Federal Ninth Circuit Court of Appeals; and
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WHEREAS, FCC issued its Declaratory Ruling and Notice of Proposed Rulemaking
(RM-11849) (“FCC Rules”) on June 10, 2020 further addressing local agencies abilities to
regulate small wireless facility design and modifications; and
WHEREAS, The City’s adoption of interim regulations provides a structural framework
and aesthetic standards for wireless communication facilities; and
WHEREAS, the City Council deems it to be in the public interest to delay final
consideration of its interim regulations until further review can be completed of the recent “FCC
Rules”; and
WHEREAS, RCW 36.70A.390 permits the City to extend the interim regulations for
additional six-month periods if a subsequent public hearing is held; and
WHEREAS, a public hearing was held before the City Council on July 21, 2020.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings of Fact. For the Findings of Fact required pursuant to RCW
35A.63.220 and 36.70A.390, the City Council hereby adopts the recitals set forth above.
Section 2. Ordinance Extension. Ordinance 19-862 is hereby extended for an additional
six months effective July 9, 2020.
Section 3. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
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Section 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. The Council finds that this interim regulation is for a public
emergency, necessary for the protection of public health, public safety, public property, or the
public peace, and for the immediate support of City government, and is not subject to initiative
or referendum pursuant to Chapter 1.30 FWRC. This ordinance shall be retroactively effective
on July 9. 2020, and be in full force immediately upon adoption.
PASSED by the City Council of the City of Federal Way this _________ day of
___________________, 20___.
[Signature page follows]
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CITY OF FEDERAL WAY:
________________________________
JIM FERRELL, MAYOR
ATTEST:
________________________________________
STEPHANIE COURTNEY, CMC, CITY CLERK
APPROVED AS TO FORM:
__________________________________________
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
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CITY OF FEDERAL WAY
ADMINISTRATIVE
STREET VACATION POLICIES
PUBLIC WORKS DEPARTMENT
JULY 2020
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1
TABLE OF CONTENTS
Introduction…………………………………………………………………………………………………………………………. 2
Public Trust Doctrine……………………………………………………………………………………………………………. 5
Public Trust Analysis…………………………………………………………………………………………………………..... 7
Analysis of Public Benefits of the Vacation…………………………………………………………………………… 17
Process for City Review of Right of Way Vacation Applications……………………………………………. 21
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2
INTRODUCTION
The City’s existing Right of Way network of improved and unimproved public streets as currently
exist and as contemplated in the Comprehensive Plan, City Code, and Development Standards
contain the City’s vision for the future transportation network to support residents, businesses,
commerce, tourism and more.
Right of Way vacations may be initiated in two ways. The first is by a property owner(s) whom
desire to acquire the Right of Way adjacent to and abutting their property. This process is called a
Right of Way Vacation. To commence a property-owner initiated Right of Way Vacation, the
property owner petitions the City in accordance with State law, City Code and this Policy.
The second is City initiated through a resolution. Council may initiate Right of Way vacations by
resolution only for a public purpose or when extraordinary circumstances prevent following the
petition process. If the Council initiates a petition, all other aspects and procedures of State Law,
City Code and these policies still apply.
To grant a Right of Way Vacation, the City is responsible to ensure that the public’s interest in the
transportation network is protected; approves an associated public benefits proposal; and typically
receives the property’s fair market value.
These policies guide petitioners, City departments, Boards and Commissions, and the public through
the City’s process to analyze, review and assess Right of Way vacation petitions. They apply to all
Right of Ways whether improved or unimproved.
The City’s default position is that unless there are compelling reasons to vacate a Right of Way and it
is in the public’s benefit to do so; the City will keep it for future public purposes.
PROPERTY OWNER INITIATED RIGHT-OF-WAY VACATIONS IN GENERAL
A Right of Way Vacation is a discretionary legislative act by the City Council that relinquishes the
public’s right to use the Right of Way. Through a petition, a property owner asks the City, on behalf
of the public, to relinquish the public’s right to use a street, alley, or other public Right of Way1
abutting their property. For the purposes of these policies a “Right of Way Vacation” describes
vacating any Right of Way over which the public has the right of travel.
These policies use the term “street” to refer to all types of public Right of Way including streets,
alleys, boulevards, paths, stairways, and public places, whether improved or unimproved. The
Revised Code of Washington (RCW) Chapter 35.79 guides the City’s review of Right of Way Vacation
petitions. That Chapter assigns responsibility over Right of Way vacation decisions to the Council.
FRAMEWORK FOR DECISION-MAKING
Right of Ways are different and unique from other types of property. When the City grants a Right of
Way Vacation, it is relinquishing the public’s rights to utilize an area and allowing the abutting
property owners to take possession and control of the former Right of Way.
The City holds Right of Ways in trust on behalf of the public, for public use. Relinquishment, and
subsequently restricting public movement through the remaining Right of Way is a significant act.
For a Right of Way Vacation petition to be approved, the Council shall determine that to do so
would significantly serve the public’s interest. It is the petitioner’s obligation to provide a
1 “Public right of way” is any property where the City has a right to use the land for street purposes, whether
improved or not.
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justification for the vacation, information demonstrating there are no feasible alternatives, and
ensure that the remaining transportation network is not negatively impacted.
Right of Ways are dedicated in perpetuity for use by the public for travel, transportation of goods,
and locating utilities. The dedication carries with it public rights to circulation, access, utilities, light,
air, open space, views, free speech, and assembly, and contributes significantly to the form and
function of the city. The primary concern of the City in evaluating vacation petitions is to safeguard
the public’s present and future needs and to act in the public’s best interest.
The Council’s responsibility is to weigh the public trust and land use effects of a vacation, mitigating
measures, and the public benefit provided by the vacation to determine if the vacation is in the
public’s interest. In balancing these elements of the public interest, the Council places primary
importance upon protecting the public trust it holds in the Right of Way.
Guidance of this process is based upon the following:
Public Trust Doctrine: The City is responsible for holding the rights-of-way in public trust.
The components of the public trust form the foundation of the City’s review of vacation
petitions and public benefit proposals.
Public Trust Analysis: Describes the criteria the City uses to determine whether it is
appropriate to vacate a Right of Way.
Public Benefit Analysis: Describes the types of public benefits the City expects to see
provided in exchange for vacation of a Right of Way.
Process for City Review of Right of Way Vacation Petitions: Describes the process the City
utilizes to review Right of Way vacations.
DISTINCTION BETWEEN RIGHT-OF-WAY VACATIONS AND LAND USE DECISIONS
There are no rights under Federal Way Revised Code, the Revised Code of Washington, or elsewhere
to acquire or develop within a public Right of Way. To do so, a property owner shall petition for and
receive the Council’s approval for a Right of Way Vacation. Under State law, the Council may not
approve a Right of Way vacation unless it is in the public’s best interest. The City uses a two-part
test to make this determination.
First, based on materials submitted by the Petitioner, the City performs a “Public Trust Analysis,” a
determination of whether the Right of Way is needed and whether the public interest can be
protected if the Right of Way is vacated. Second, also based on materials submitted by the
Petitioner, the City undertakes a “Public Benefit Analysis,” assessing the petitioner’s proposal to
provide benefits to the public.
Established plans, policies, and standards guide this review. The City will not support vacations that
conflict with City planning goals. However, land use policies and codes do not bind the Council’s
decision to grant or deny a Right of Way vacation petition. The Council may condition or deny
vacations as it deems necessary to protect the public’s interest.
In land use decisions, the Council’s role is administrative. The Council sets policies in the form of
zoning and land use codes, development standards, and environmental policies and regulations,
while the decision authority has been delegated to various staff or the Hearing Examiner.
Under state law, Right of Way Vacation decisions must be made by the Council. The Council cannot
delegate that authority. Unless the Council approves a Right of Way vacation, property owners have
no right to use or occupy the Right of Way, if not otherwise permitted by the Public Works
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Department. The Council typically makes its approval of a vacation conditional on the petitioner
meeting a number of requirements.
In addition to reviewing the vacation petition under these policies, a development proposal that
requires a vacation may also undergo one or more of the following reviews:
• Land use and zoning review, including review of re-zones;
• Design review and other discretionary land use actions;
• State Environmental Policy Act (SEPA);
• Transportation modal plans;
• Right of Way Permit; or
• Engineering review.
These reviews may result in additional conditions applied in the Right of Way vacation review.
Petitioners are required to obtain all necessary land use and building permits before developing the
site.
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1) PUBLIC TRUST DOCTRINE
City Right of Ways are held in trust for the public, meaning the City is the trustee and guardian of the
Right of Way, not an underlying property owner. The Council may approve vacations only when they
are in the public’s interest. Right of Ways will be retained unless it can be shown that they are not
needed for a current or foreseeable public use, there is no negative impacts to the remaining
transportation network, and the Council is assured that the vacation is in the public interest.
Documentation is required from the Petitioner to demonstrate each of the following areas is
maintained with the proposed vacation.
a) CIRCULATION
Right of Ways enable the movement of people, goods, and vehicles through the city as part of a
transportation network. If a part of the network is removed, there may be rippling effects
throughout. The City will only vacate a Right of Way if doing so does not result in negative
effects or displacement of trips onto the remaining network; disrupt the movement of people,
goods, and vehicles through the city; and it is consistent with the City’s transportation plans.
b) ACCESS
Right of Ways provide access to abutting property from the surrounding community and to the
surrounding community from private property. Improved rights-of ways or streets are designed
to provide access via a range of transportation modes, including walking, bicycling, riding transit,
and driving. The City will only vacate a Right of Way if doing so does not result in negative
effects on the current or future needs of the City’s vehicular, bicycle, or pedestrian circulation
systems, or on access to private property.
c) UTILITIES
City and private utilities use Right of Ways to serve the community and their customers. The City
will only vacate a Right of Way when all utilities using or potentially using the Right of Way can
be adequately protected with easements, relocations, or utility corridors satisfactory to the
utilities’ owners. Future potential utilities are required to be accommodated.
d) FREE SPEECH
The public has traditionally had the right and ability to use Right of Ways to exercise
constitutional rights under the First Amendment. The City will only vacate a Right of Way when
offsetting publicly-accessible spaces on the site will be kept open for the same speech-related
purposes.
e) PUBLIC ASSEMBLY
Right of Ways act as places for people to gather, to meet their neighbors, for children to play,
and for all segments of society to interact. This role of the Right of Way can be particularly
important for people who have the fewest resources. The City will only vacate a Right of Way
when the Petitioner demonstrates that the remaining Right of Way network provides the same
level of service to the surrounding properties.
f) OPEN SPACE
In addition to providing space for people to gather, interact, and travel, Right of Ways offer
open space benefits. This includes space between structures, connections to the community
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surroundings, places for trees and vegetation, and contributions to the open space network. The
City will only vacate a Right of Way when the Petitioner demonstrates that any development will
have a similar resulting function.
g) LIGHT AND AIR
Right of Ways maintain access to light and air to their users and surrounding properties. The City
will consider loss of light and air, and shadow impacts in considering whether to approve a Right
of Way vacation. Of particular importance are shadow impacts on nearby spaces where public
may gather.
h) VIEWS
Right of Ways provide views to mountains, bodies of water, and the city itself. The City will
consider feedback from impacted property owners, the impacts on views of and from public
places, and views of the natural landscape.
i) LAND USE AND URBAN FORM
The Right of Way plays a significant role in the shape of the city. The City will consider the
relationship between the intended character of the area as described in the Comprehensive
Plan and adopted neighborhood, subarea, or community plans. The width and spacing of
streets, the presence and absence of connector streets, and the location and path of
boulevards, pedestrian trails, and other linear open spaces have significant impacts on
neighborhoods and how they function. The City will consider impacts that disrupt an existing
pattern of development in a neighborhood or area.
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2) PUBLIC TRUST ANALYSIS
This section describes the components of the City’s analysis in reviewing petitions under the public
trust doctrine.
In reviewing a vacation petition, the City evaluates the impacts of a vacation on the public trust,
mitigating measures, and public benefits proposed by the petitioner to determine if the vacation is
in the public interest. In balancing these elements of the public interest, the City will place primary
importance on protecting the public trust.
Right of Ways are dedicated in perpetuity for public travel and the movement of goods. The
designation of a Right of Way carries with it rights to circulation, access, utilities, public speech,
public use, open space, light, air, views, land use, and urban form. City government acts as the
public’s trustee in managing the uses within the Right of Way. The City has an interest in protecting
the rights of those with the least access to other resources and those most likely to be harmed by
development. In that endeavor, the primary concern of the City in vacation decisions is to safeguard
the public’s present and future needs.
Existing and potential future uses of the Right of Way, whether improved or unimproved, will be
identified during the vacation petition review All or a portion of the Right of Way may be retained
for public purposes, including potential future needs that are unknown at the time of review.
The City will consider the impacts of a vacation on the immediately surrounding neighborhood, the
broader city and, when appropriate, the region. The larger the project, the more the City’s focus will
be on broader community impacts, particularly impacts on communities with the least access to
opportunity and most likely to experience the negative resulting impacts.
When several vacations are proposed for a particular area of the City by one or multiple petitioners,
City staff or Council may request that a comprehensive review be undertaken to determine the
cumulative effects of the vacations, particularly on circulation, access, land use and urban form, and
impacts to the overall city transportation network. City reviewers shall consider the impacts on the
larger transportation system, and impacts on the loss of the Right of Way proposed for vacation.
The requirements for a Right of Way Vacation petition is not limited to documents prepared for
other aspects of the project under review. To fully assess the impacts of a vacation on the public
trust, City departments, boards and commissions, and the Council may ask petitioners for additional
information regarding impacts.
a) CIRCULATION
Right of Ways provide necessary space for the movement of people and vehicles. Vacations may
be approved only if they do not result in negative effects on the current and future needs for
the City’s vehicular, bicycle, or pedestrian circulation systems unless the negative effects are
fully mitigated by the petitioner. When the traffic functions of a street are necessary for the
transportation network, the City will not grant the vacation.
Arterial streets, truck routes, and truck streets may be vacated only when an alternative
circulation route is substituted and impacts of the loss of the street are mitigated.
The City will not approve vacations that:
i) Propose agreements for public vehicular travel across private property to offset impacts;
ii) Result in diverting truck or commercial traffic to nearby residential streets;
iii) May encourage traffic code violations, such as backing out from an alley onto a street;
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iv) Result in a measurable reduction to the functionality or capacity of arterials or collector
streets, as defined by the City’s Comprehensive Plan, that cannot be mitigated to a level of
no impact;
v) Result in increase response times for emergency responders;
vi) Result in non-conformance with City block length standards, or where block perimeter
standards are not met prior to vacation, any Right of Way vacation which results in an
increase in non-conformance block length;
vii) Result in an increase in vehicle or pedestrian trips on surrounding existing streets as a result
of the vacation of the Right of Way;
viii) Result in partial vacation of a Right of Way where the remaining Right of Way width is less
than that required in the Comprehensive Plan; or which creates a Right of Way island, where
the remainder is not connected or feasibly utilized for the transportation network.
Transit facilities and routes will be protected through the Right of Way Vacation process. Right
of Ways that are used by public transit agencies will be considered for vacation only after review
and comment by those agencies and identification of alternative locations or routes for those
transit functions.
Pedestrian circulation shall be protected when approving a vacation. Formal and informal
pedestrian routes, may be vacated only for public purposes, such as parks. Pedestrian
circulation functions of the Right of Way may be replaced by a pedestrian route across private
property only when:
ix) A major public benefit, as approved by City Council, is provided;
x) A perpetual agreement for public access across the property is reached;
xi) The public access to be provided is comparable in terms of safety, convenience, and
directness; and
xii) The free speech functions of the Right of Way will be maintained in public spaces.
Alleys and paths that are part of the pedestrian circulation system, may be vacated only when
comparable public pedestrian circulation is provided and the pedestrian environment along the
corridor is improved. Similarly, vacations resulting in a reduction of sidewalk width may be
vacated only when provisions are made to otherwise accommodate the pedestrian traffic. Right
of Way vacations that include unimproved pedestrian trails may be approved only when the
public pedestrian function is protected.
The continuity and integrity of existing and planned bicycle paths and bicycle lanes, will be
protected. Such streets and off-street pathways may be vacated only when a comparable or
better bicycle Right of Way is provided as part of the vacation. Bicycle access shall be
comparable in terms of safety, convenience, and directness.
If a vacation is granted, the Council may impose conditions on the vacation to reduce impacts on
vehicular, transit, freight, pedestrian, and bicycle circulation. Such conditions may be in addition
to any conditions resulting from environmental review or land use regulation.
b) ACCESS
Right of Way Vacation petitions may be approved only if access is retained to properties on the
block where the Right of Way is located and to properties on neighboring blocks or streets, or
through dedication and improvements by the Petitioner so an equal level of access is provided.
If the number of curb cuts along a street frontage is likely to be increased due to the petition,
the vacation will not be approved.
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If there is public parking on the Right of Way proposed to be vacated, the City will analyze if the
Petitioner’s proposal for mitigation meets or exceeds the currently available parking. Only
petitions that improve parking availability and ease of use will be approved.
If a vacation is granted, the Council may impose conditions on the vacation to reduce impacts on
vehicular, freight, pedestrian, and bicycle access. The conditions may be in addition to any
conditions resulting from environmental or land use review and analysis.
c) UTILITIES
Right of Ways that contain or are needed for current or future utility lines or facilities may be
vacated only when the utility can be adequately protected with an easement, relocation, fee
ownership, or similar agreement satisfactory to the utility owner and the Petitioner has
obtained and provided the consent of all utilities.
Public Right of Way provide utilities with corridors for the efficient transportation of people and
goods, collection of solid waste, and delivery of utility services to the public in the least costly
manner possible. Utilities generally assess vacation petitions from an operational perspective to
ensure that a vacation will not impair current service reliability and capacity levels, nor limit the
ability to expand services in the future. The growth of telecommunications utilities above and
below ground, increased urban densities, and demand for undergrounding of utility facilities all
place pressure on the value of public rights-of-way, for future utility needs.
Utilities will be given an opportunity to review the proposed vacation, to identify existing and
future interests in the Right of Way, and to indicate what actions are necessary to protect their
interests and the interests of their customers. The petitioner is responsible for working with the
utilities to identify and address any utility issues. The petitioner shall ensure that each utility will
be in a similar position as before the vacation without detriment to current or future utility
services.
If utility easements are required to maintain service, the easements shall state the rights and
responsibilities of each party. Utilities may prohibit constructing buildings, structures, grading
and filing, and other uses over or under their easements where the activities would inhibit
operation of or prevent access to the utility facilities for maintenance and repair, cause extra
cost or liability to the utility, or affect the safety and integrity of the utility. Any costs for the
repair of damages to the improvements placed on or over the utility easement by the property
owner due to the utility maintenance repair or installation will be the express responsibility of
property owner.
The Council may impose conditions on vacations to assure continued service to the public in the
most efficient and least costly manner.
d) FREE SPEECH
Courts have recognized the role of Right of Way as spaces for public speech and dialogue. The
City will consider the potential loss of free speech activities when reviewing Right of Way
Vacations and will not vacate a public place if the loss of the public speech function cannot be
adequately mitigated.
Right of Ways are dedicated for public use and enjoyment. Vacations that solely result in the
private regulation of access to public property shall not be granted. Vacations are not
considered a solution to security problems and shall not normally be approved for this reason
absent extraordinary circumstances.
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The Council may impose conditions on vacations to preserve the public’s right to free speech,
particularly within any privately-owned public space offered as a public benefit in exchange for a
Right of Way vacation.
e) PUBLIC ASSEMBLY
Right of Ways have always served as a place of public assembly. The City will consider the
importance and impact of the request on the community. Right of Ways that are adjacent to
public uses will be particularly scrutinized to ensure that the public’s right to congregate will not
be impaired.
The City may impose conditions on vacations to maintain the public’s right to assembly,
particularly within any privately-owned public space offered as a public benefit in exchange for a
Right of Way Vacation.
f) OPEN SPACE
The open space opportunities provided by Right of Ways are important resources that
contribute to quality of life and become more valuable as the City becomes more densely
developed. The contribution of this function to the public’s existing and future quality of life is
an important consideration when reviewing each proposed vacation. The open space functions
provided by the Right of Way will be identified and the effects of their loss will be analyzed.
When the City determines that the open space function provided by a Right of Way shall be
retained, the Right of Way may be vacated only if the open space functions can be retained or
replaced by dedicating to the City other comparable Right of Way or by providing other publicly-
accessible property.
The impact of development associated with Right of Way Vacations on open space and
pedestrian amenities shall be limited. The analysis of the open space functions of Right of Ways
will consider the impact of the proposed vacation on:
i) The contribution of the Right of Way to open space areas;
ii) Use of the Right of Way as a space for play and recreation;
iii) The role of the Right of Way as an area of neighborhood focus and activity, and
iv) Privacy impacts resulting from the Right of Way open space being occupied by a proposed
structure.
The City will only approve vacation requests of undeveloped Right of Ways used by the
community as open space to facilitate development when the proposed mitigation exceeds the
existing conditions.
Existing and proposed urban trails, public paths, other rights-of-way connecting parks and open
spaces, or streets connecting the community with parks, schools, shorelines, or other public
facilities will not be vacated unless the Right of Way is exchanged for other land that provides
better pedestrian or bicycle pathways resulting in improved open space function.
The Council may impose conditions on vacations to mitigate any potential negative effects of
the vacation on the open space functions of the Right of Way.
g) LIGHT AND AIR
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The light and air opportunities provided by the Right of Way are important resources that
contribute to quality of life and public health and becomes more valuable as the City becomes
more densely developed. The contribution to the public’s existing and future quality of life is a
consideration in each proposed vacation.
The analysis of the light and air functions of Right of Ways will consider the impact of the
proposed vacation upon the access to sun, light, and air circulation provided to pedestrians,
bicyclists, vehicle occupants, and abutting properties.
The analysis will include the potential shadow impacts of the increase in development potential
directly attributable to the vacation on nearby public parks and public open spaces. Any
potential impacts of the vacation on light and air will be compared with similar impacts that
would result from development without the vacation. Vacations generally shall not be approved
if the development proposed as part of the vacation request would result in additional
shadowing of parks or other public spaces.
The Council may impose conditions on a vacation to reduce shadow impacts.
h) VIEWS
The views provided along Right of Ways are important resources that contribute to the public’s
quality of life. Views are of particular value to members of the public that do not have private
views. The contribution of this function to the public’s existing and future quality of life will be a
consideration in reviewing vacations.
Within the City Center, as identified within the City’s Comprehensive Plan, Right of Ways shall
not be vacated except when conditions are placed on the vacation to ensure public views are
preserved.
Right of Ways shall not be vacated unless the Petitioner ensures that the areas above the former
Right of Way remains open to the sky and to protect views from uphill public spaces. Public
views worthy of protection include, but are not limited to views:
i) From public streets, public open spaces, or public places;
ii) From a substantial number of residences or properties abutting the Right of Way proposed
to be vacated,
iii) Of important natural features, such as mountains, waterbodies, and public greenbelts; and
iv) Of designated landmarks and points of cultural or civic interest.
Potential view impacts from a vacation will be identified and compared with a no vacation
alternative. The quality of impacted views will be considered when evaluating each proposed
Right of Way vacation.
The Council may impose conditions, including height limitations on development, on vacations
to mitigate any potential negative effects of the vacation on the view functions of the Right of
Way.
i) LAND USE AND URBAN FORM
Vacations affect the land use and development patterns in an area by adding to the developable
land base, altering the local land division pattern, changing vehicular and pedestrian movement
patterns, and increasing the development potential on the vacated and abutting properties.
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Typically, Right of Way Vacation petitions are intended to facilitate a development project.
Petitioners shall provide the City with information about the completed project’s density and
the development potential of the property without a vacation. The information shall be
provided as the percentage increase in the development potential and the additional square
footage added to the project.
Petitioners shall provide the City with information on how the project advances City planning
goals, how it relates to City Comprehensive Plan, and how the project meets the zoning criteria
where the project is located.
A vacation petition may be approved only when the increase in development potential that is
attributable to the vacation would be consistent with the Comprehensive Plan. The criteria
considered for making individual vacation decisions will vary with the plans, policies, and
regulations for the area where the Right of Way is located. The Council may place conditions on
a vacation to mitigate negative land use effects.
Vacations may be approved only when the remaining Right of Way network meets the
maximum block perimeter requirements, or in areas where the block perimeter requirements
are not met prior to the vacation petition there is no increase in non-conformance.
i) Land Use Considerations
To determine if the land use and urban form effects of a vacation are in the public interest,
the following factors will be considered:
(1) The long- and short-term effects of the changes in development potential attributable
to the vacation on the circulation, access, utility, light, air, open space, and view
functions of nearby streets and public places;
(2) The consistency of land use changes with the Comprehensive Plan, particularly in the
land use, transportation, and neighborhood elements of the plan;
(3) The compatibility of the size, scale, and character of potential development with the
size, scale, and character of existing development in the area and development as
provided for by the Land Use Code, given typical lot sizes and configurations;
(4) The compatibility of the size, scale, and character of the blocks formed by the vacation
when compared with the size, scale, and character of existing blocks in the area and
goals for pedestrian connectivity and circulation; and
(5) The post-vacation lot size and configuration compared with surrounding properties and
with the local pattern of land division and organization.
In areas where streets provide an edge or boundary between zones or areas of different
scale and character, the Right of Way may be vacated only when a suitable alternative
boundary buffer can be achieved with the proposed vacation.
In addition to the general Right of Way vacation policies and guidelines, Comprehensive Plan
policies for the area and the relationship between the proposed vacation to other City plans
and policies such as transportation modal plans will be used to determine if the land use
changes of each vacation are in the public interest.
ii) Area-specific review
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Guidelines related to specific areas are provided below. They shall be used to supplement
the general provisions and guidelines of these policies and other policies for protecting the
public interest.
(1) Urban Centers and Urban Villages
In addition to other guidance regarding specific land uses described below, for Urban
Centers and Urban Villages the policies of adopted neighborhood plans will be
considered, as appropriate.
(2) Manufacturing/Industrial Centers
Many Right of Ways in or adjacent to Manufacturing/Industrial Centers provide
transportation for freight transport, loading, and delivery. Impacts on truck routes,
intersections, and access points as a result of Right of Way vacations may impact supply
chains that serve areas outside the immediate area of vacation. The capacity and
functionality of these critical corridors will be preserved.
(3) Single-family areas
Right of Ways in single-family areas provide a number of public benefits including
providing for consistency in the pattern and scale of development and providing
important open space in a neighborhood. Except as noted below, Right of Ways in
single-family areas shall be retained as these areas may be needed to provide for public
uses, such as utility corridors that cannot be currently identified or anticipated. Petitions
for vacations in single-family areas shall be reviewed by the same criteria as applied to
other vacation petitions, including the requirement that the vacation provide a long-
term benefit to the public.
Clustered housing and other planned housing developments or innovative housing
initiatives in single-family-zoned areas shall be reviewed based on the criteria
established for the review of multifamily areas.
(4) Multi-family areas
In general, Right of Ways in multifamily areas will be retained to aid in vehicular, bicycle,
and pedestrian circulation and neighborhood access. Petitions will be reviewed for
potential impact on neighborhood traffic volumes, associated noise, and access.
(5) Commercial, mixed-use, and City Center areas
In general, Right of Ways in commercial, mixed-use, and City Center areas will be
preserved to facilitate moving goods and people and maintain access to property that is
separate from pedestrian routes. In general, these Right of Ways will be retained unless
it can be demonstrated that the vacation meets another important public purpose
without jeopardizing the area’s functioning and its compatibility with surrounding areas.
A vacation must preserve access to off-street loading and parking areas and the
continuity of street fronts, particularly in areas with pedestrian activity.
(6) Shoreline overlay districts
Vacation of a Right of Way that abuts a waterbody is regulated by RCW 35.79.035.
(a) The City will consider vacating Right of Ways that abut a salt or fresh waterbody
only if the vacation is sought to enable the City to acquire the property for beach or
water access purposes, boat moorage or launching sites, park purposes (including
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open space preservation), public view, recreational purposes, water-dependent or
water-related educational or interpretive purposes, water quality improvement
purposes, or other water- dependent or water-related public uses.
(b) To preserve future public access opportunities, the option of leasing Right of Way
ends, as permitted in RCW 35.23.410, shall be explored as an alternative to
vacation.
(c) Vacations of public Right of Way abutting any waterbody may be approved only
when comparable or improved public access is provided. Providing new public
access shall not be considered a public benefit for the purposes of these policies.
(d) Right of Way that is needed for vehicular access to the water may be vacated only
when comparable access will be provided.
(e) If upland Right of Way is needed for public access to waterfront Right of Way or
other public access to the water, it may be vacated only when comparable or better
public access is provided.
(7) Environmentally critical areas
Right of Ways in geologic hazard areas and steep slope erosion hazard areas, wetlands,
flood plains, fish and wildlife habitat conservation areas, or other critical areas shall
generally be retained to reduce development intensity in environmentally critical areas
and to protect public health, safety, and welfare.
iii) Land use conditions on vacations
The Council may place conditions on vacations to guard against the negative land use effects
of additional development potential attributable to the vacation and to ensure that policy
objectives are met, as follows:
(1) The conditions will be related to the identified negative effects attributable to the
vacation.
(2) Land use conditions will be stated in terms of development parameters, such as floor
area maximums or building envelopes that may not be surpassed and will generally run
with the land.
(3) Land use conditions imposed on a vacation do not preclude related project conditions
being imposed under SEPA. If a vacation-related proposal is subject to SEPA review, the
review may reveal the need for SEPA conditioning that reduces the upper limits placed
on the vacation.
(4) Land use conditions imposed on a vacation, in addition to conditions applied pursuant
to the Land Use Code, SEPA, the Building Code and other City codes, will be relied on to
regulate post-vacation development.
(5) Approval of a Right of Way vacation is not City approval of the development project for
the site and shall not relieve the petitioner of obtaining all necessary land use approvals,
building permits, Right of Way use permits, or other City approvals before developing
the site.
j) OTHER CONSIDERATIONS IN PUBLIC TRUST ANALYSIS
i) Undeveloped Right of Ways
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Vacation of undeveloped Right of Way sections will generally be discouraged to:
(1) Retain the existing pattern of extra setbacks and open space in residential
neighborhoods;
(2) Provide opportunities for pedestrian and bicycle amenities and connections;
(3) Preserve opportunities for utility connections;
(4) Maintain areas of natural scenery along view streets and boulevards;
(5) Provide a buffer between land uses and zoning districts; and
(6) Provide continuity of wildlife habitat corridors.
ii) Subsurface Vacations
Subsurface Right of Way vacations may be approved only when protection against future
impairment of the street’s surface is assured, current and future utility functions are
provided for, and the City is adequately protected from potential liability from failure of the
surface and any other retained segment below grade due to problems with the underlying
structure. A subsurface vacation shall maintain or improve all current and planned functions
of the Right of Way and shall not increase traffic impacts on surrounding Right of Way.
Subsurface vacations shall consider future use of the subsurface portions of the Right of
Way for future utility needs and future transportation needs.
A subsurface vacation shall, at a minimum, be deep enough to provide space for a utility
corridor large enough to accommodate all utilities currently serving the area and potential
future utility needs. The Council may require that a project including a subsurface vacation
provide a utility corridor or other mitigation of impacts on potential future utility needs. The
subsurface vacation shall be designed so that there will be no impact to the public nature
and the surface functions of the Right of Way.
iii) Aerial vacations
Aerial vacations will be considered only in limited circumstances. Aerial portions of the Right
of Way are an important resource providing light, air, open space, and consistency in the
development pattern. These aerial portions are an important public trust function of the
Right of Way.
Aerial vacations will be considered only as follows:
(1) For the development or expansion of public facilities, public institutions, or non-profit
institutions, the petitioner shall demonstrate to the satisfaction of the Council that no
feasible development alternative exists; and
(2) That neither a Right of Way lease or subsurface vacation can adequately meet the needs
of the petitioner.
Petition review shall include specific review of the impacts of the proposed aerial structure,
including addressing items as the design of the structure and its dimensions, transparency,
material quality, the scale of the project including the aerial portion, and the impact on the
streetscape below the structure. The public trust functions of light, air, open space, and
views will be carefully reviewed for aerial vacations. The Council shall require mitigation
specific to the urban design impacts of the aerial structure.
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iv) Trade or exchange of property
The review of any vacation may consider the opportunity for exchange of property. Any
proposed property exchange shall identify property the City is willing to accept. The
Petitioner shall be responsible for providing, as needed, title insurance, environmental site
assessment and environmental remediation, deeds in a form acceptable to the City, and
filing and recording fees or escrow. Additionally, the petitioner shall be responsible for any
taxes resulting from the transfer. Exchanges may be considered when the property:
(1) Would be useful to mitigate or enhance the various aspects identified in the property
proposed to be vacated, such as exchanging a vacation for a street conforming to the
ultimate built condition in the Comprehensive Plan;
(2) Would result in better circulation and access than is provided for by the current street
grid, by aligning misaligned streets;
(3) Would exchange property identified as open space for property that would create a
contiguous open space parcel; or
(4) Would shift development from property identified as open space to a property with less
environmental impact.
v) Alternatives to vacation
When reviewing the petitioner’s indicated use of the property, the City may consider the
practicality of issuing Right of Way use permits to provide for temporary uses. In
circumstances where a Right of Ways use permit can accommodate the uses indicated by
the petitioner, a permit is preferred and a vacation will not be granted. A Right of Way use
permit as an alternative to a Right of Way vacation may be issued under the following
conditions:
(1) The private use of an undeveloped Right of Way does not hinder the achievement of any
identified objectives;
(2) Private landscaping or gardening of undeveloped Right of Way may be allowed with a
Right of Way use permit, provided that public pedestrian access and circulation and
access to shoreline areas are retained; and
3) Street corridor views are not obstructed.
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4) ANALYSIS OF PUBLIC BENEFITS OF THE VACATION
a) PUBLIC BENEFIT REQUIREMENT
A vacation shall include a commitment to provide public benefits. The concept of providing a
public benefit is derived from the public nature of Right of Ways. Right of Ways, whether
improved or unimproved, provide important benefits to the public. Among the various benefits
are preserving the street grid that provides for consistency in the development pattern and
influences the scale and orientation of buildings. These benefits are in addition to the public
functions provided by Right of Ways, including:
i) Moving people and goods in vehicles, on foot, or by bicycle; and providing for current and
future utility services, and for street trees and other amenities.
ii) The City acts as a trustee for the public in its administration of Right of Ways. Courts have
required that in each vacation there shall be an element of public use or benefit, and a
vacation cannot be granted solely for a private use or benefit. Therefore, before this public
asset can be vacated, there shall be a permanent, long-term, benefit to the public.
iii) The fact that these benefits are provided equally to all members of the public may be most
important to those who have the least. To best address the needs of the community, a
strong focus on social equity is important in assessing the public benefits included as part of
a Right of Way vacation petition.
iv) Proposed vacations may be approved only when they provide a permanent, long-term,
public benefit. Because the public permanently loses the Right of Way, short-term public
benefits or public benefits that solely benefit individuals will not be considered. The
following are not considered public benefits:
(1) Mitigating the vacation’s adverse effects;
(2) Meeting code requirements for development;
(3) Paying the required vacation fee;
(4) Facilitating economic activity; or
(5) Providing a public, governmental, or educational service.
While the nature of the project is a factor in deciding the adequacy of a public benefit proposal,
it is not itself a public benefit.
Consequently, the public benefit shall exceed elements required by City Code or mitigation
required under SEPA or other regulations and is in addition to Right of Way vacation fees and
other obligations. The petitioner’s public benefit proposal shall recognize the loss of the benefits
provided by the Right of Way to the public and the gains received by the petitioner. The public
benefit proposal should also consider the comments, ideas, and concerns voiced by the public in
the early community engagement process.
The public benefit analysis should balance what the public loses through the vacation with what
the public will gain from the project. The comparison is intended to be an element of evaluating
a public benefit proposal. The public benefit should not merely be compensatory and should
provide a benefit to the public. In particular, public benefits that address the needs of those
members of the public most vulnerable to the negative impacts of development.
The proposal to provide a public benefit does not entitle a petitioner to a vacation; the decision
whether to grant a vacation is based on a holistic review of all elements in these policies. The
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petitioner shall provide objective information about the public benefit proposal, such as budget,
dimensions, materials, and other relevant facts. The public benefit proposal shall include a table
or chart that details the public benefit elements, the cost/budget, timing of implementing the
public benefit elements, whether the elements are required by code, and additional information
as requested by the City.
As part of the petition process, the petitioner shall provide information to the City regarding the
public benefit proposal. The City will assist the petitioner in refining and developing the public
benefit proposal. The Council will make the final determination as to whether the public benefit
package is acceptable.
Several factors will be considered in identifying whether a public benefit package is sufficient,
including the:
• Zoning designation;
• Street classification of the Right of Way to be vacated;
• Traffic volumes on the street proposed to be vacated;
• Designation of the street in transportation modal plans and functions of the street in modal
networks;
• Square footage of the project;
• Square footage of the area to be vacated;
• Vacated area’s contribution to the site’s development potential, including the percentage
increase of the project and additional square feet; and
• Cumulative impacts of vacations in the area.
The following factors are not public benefits, but may be considered when reviewing the public
benefit package:
• Project compliance with City policies, goals, and the Comprehensive Plan;
• Proposals designed to improve race and social equity, improve access to opportunity, and
reduce the threat of displacement by providing quality jobs or education to communities
with low access to opportunity or increasing the supply of affordable housing beyond City
requirements;
• Addressing the effects of the vacation on vulnerable low-income populations;
• Providing affordable or special needs housing, job training, or other human services;
• The public nature of the project;
• Ideas resulting from the early community engagement process;
• Neighborhood support or opposition;
• Broad-based community support or opposition;
• Support or opposition from non-governmental organizations or other government entities;
• Agreements with non-governmental organizations or community-based organizations to
provide benefits beyond those proposed for the Right of Way vacation;
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• Protecting landmarks and other historic/community resources; and
• Protecting environmentally sensitive lands.
b) PUBLIC BENEFITS IDENTIFIED
Public benefit proposals may be informed by needs and ideas identified through community
engagement. Public benefits may include, but are not limited to:
i) Physical public benefits
The City may accept a commitment to provide and maintain physical benefits that serve the
public, including but not limited to:
(1) Creating or enhancing publicly-accessible plazas, open spaces, or other green spaces;
(2) Streetscape enhancements beyond those required by codes such as widened sidewalks,
stairways, additional street trees or landscaping, street furniture, pedestrian lighting,
wayfinding, art, or fountains;
(3) Public art;
(4) Enhancing the pedestrian or bicycle environment;
(5) Pedestrian trails, accessible public routes providing access through the site, and
improvements to existing public stairs;
(6) Spaces that support City goals for social equity;
(7) Bicycle paths, protected bike lanes, or cycle tracks;
(8) Other improvements to the pedestrian or bicycle environment, such as intersection
safety improvements;
(9) View easements or corridors;
(10) Preserving landmark buildings or other community resources; or
(11) Implementing an element from a City adopted Neighborhood Plan or other City adopted
plans.
ii) Programmatic public benefits
The City may accept a long-term or permanent commitment to undertake a program to
address systemic inequities as a public benefit. The City will not accept a short-term
proposal or a proposal to fund an existing program. The City will look for a long-term
commitment to the program and may impose conditions on the proposed public benefit to
ensure that the long-term nature of the benefit is ensured.
iii) Real Property
The City may accept real property as a public benefit. The property proposed to be
conveyed must be property the City is willing to accept. The petitioner is responsible for any
costs associated with the conveyance including appraisals, title work, environmental site
assessment and remediation, deeds or other document production, taxes on the
transaction, or other expenses related to the conveyance of real property, including
environmental remediation. Where other conditions or specific mitigations require
dedication of land, such dedication is a mitigation of impacts and will not constitute a public
benefit.
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iv) Payment of Funds
Where the City has an identified project on its Transportation Improvement Plan that would
provide an equal or above public benefit and the Petition has demonstrated to the City’s
satisfaction that it is not practicable to provide or develop public benefits such as those
listed above, at the City’s sole discretion, it may accept the payment of in-lieu funds for the
identified project provided the project can be constructed in a City determined reasonable
time frame concurrent with the Petitioner’s proposal to provide the public benefit. A
payment to meet public benefit obligations does not substitute for paying the required Right
of Way vacation fee or meeting any other policy requirements.
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5) PROCESS FOR CITY REVIEW OF RIGHT OF WAY VACATION APPLICATIONS
a) GOALS/INTENT OF PROCESS
Depending on the complexity and completeness of the Petitioner’s application, a Right of Way
vacation review process can be lengthy and complicated. While City Council is the ultimate
decision-maker, the Council looks to City departments and the Land Use and Transportation
Committee to provide a thorough review and analysis of a petition based on City Code, City
Policies, and the interests of the public. Review timeframes of a Right of Way vacation petition
largely rely on the timeliness and responsiveness of the petitioner to requests for information
and comments.
This section is to provide transparency and predictability for petitioners, the public, and City
departments.
b) PETITIONERS
RCW Chapter 35.79, restricts petitions for Right of Way vacations to “owners of an interest in
any real estate abutting upon any street or alley.” A petition shall be filed first with the Public
Works Department and subsequently with the City Clerk in accordance with the requirements of
this section. If the petition contains all required information and is signed by the owners of two-
thirds of the property owners adjacent to the Right of Way to be vacated, the City will proceed
with analyzing the petition.
The Council may also initiate a Right of Way vacation process through a resolution. City Council
will initiate Right of Way vacations by resolution only for a public purpose or when extraordinary
circumstances prevent following the petition process. If the Council initiates a petition, all other
aspects of these policies, including protecting the public trust and the requirements for
providing a public benefit still apply.
c) PRE-PETITION ACTIVITIES
In preparing to file a petition for a Right of Way vacation, consult with Public Works staff on the
feasibility of the petition. A meeting to discuss feasibility with City staff and other interested
agencies, utilities with facilities or jurisdiction will be held.
Prior to submitting a vacation petition, the petitioner is required to:
i) Prepare a community engagement plan. The Right of Way vacation petition shall include a
community engagement plan and a report on early community engagement;
ii) Conduct early community engagement according to the community engagement plan;
iii) Present the vacation at a regularly scheduled meeting of the Land Use and Transportation
Committee; and,
iv) If the project is a Capital Improvement Project brought by the City or any other public
agency, present an evaluation of vacation and no-vacation alternatives.
d) REQUIRED COMPONENTS OF THE PETITION
Petitions shall be submitted to Public Works through the City’s Permit Center with all required
supporting documentation. Petitions submitted with incomplete or missing required
information will be returned to the petitioner with no action. Once the petition is determined to
be complete, Public Works will file the petition with the City Clerk, which begins the formal
review of the petition.
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Petitions shall, at a minimum, include the following:
i) Site information:
(1) Identification of the Right of Way proposed for vacation, including a legal description
and, if Public Works determines it is necessary, survey and title work;
(2) Site and topographical maps; and
(3) Signatures of the owners of more than two-thirds of the property abutting the Right of
Way proposed for vacation.
ii) Project information:
(1) Information identifying the development team; and
(2) Location and description of the project proposed for the site, including preliminary
project site plans.
iii) Land use information:
(1) Current zoning and Comprehensive Plan land use designation;
(2) A summary of current applicable City plans and policies, including Comprehensive Plan
policies;
(3) Identification of any land use actions required to develop the project and a report on
the status of each of those reviews;
(4) A comparison of development of the site with and without a Right of Way vacation;
(5) An urban design analysis of the area surrounding the project site that includes ½ mile
area surrounding the vacation;
(6) An analysis of the land use and urban design impacts of development; and,
(7) An analysis of the impacts of the vacation on existing essential public facilities;
iv) Transportation information:
(1) Information regarding the Right of Way to be vacated, including the current use and
design of the street;
(2) Designation of the street, including street type;
(3) Analysis of the transportation impacts of any loss of Right of Way, including impacts to
transit, freight, pedestrian, and bicycle circulation and access; and
(4) Analysis demonstrating the capacity of the transportation network with and without the
vacation and identifying mitigation measures, if necessary, to mitigate any reduction in
vehicular, pedestrian and bike capacity.
v) Utility information:
(1) Identification of all utilities in the Right of Way.
vi) Historic sites or buildings:
(1) If the Right of Way vacation would include or would be adjacent to a historic landmark
or site, identify any historic resources and provide a determination of completeness for
an application for a certificate of approval from the relevant board.
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vii) Community engagement:
(1) The community engagement plan and a report on all community engagement
completed to date, including a report on comments from the public and how the
petition responds to those comments;
(2) If the project is in an urban center, urban village, or other area covered by a
neighborhood plan, the goals and policies from the neighborhood plan; and
(3) If the project is in or adjacent to a zoned Manufacturing or Industrial Land Use, the goals
and related policies from the Comprehensive Plan, and input from businesses and public
agencies that may be impacted by the vacation.
viii) Right of Way vacation policies:
(1) A preliminary outline on how the vacation meets or addresses the Right of Way vacation
policies; and
(2) A preliminary public benefit proposal.
ix) Environmental review:
(1) If environmental review is required for the project, a SEPA checklist.
x) Appraisal:
(1) An appraisal report of the area requested to be vacated, completed by a certified
appraiser.
xi) Previously rejected Right of Way vacations:
(1) If the Council has previously rejected a Right of Way vacation petition for part or all of
the Right of Way proposed to be vacated, the new petition should explain how
circumstances have changed since the previous Council vote.
xii) Filing fee
(1) A filing fee shall be paid pursuant to the current adopted fee schedule.
e) REVIEW PROCESS
There are two stages to the Right of Way vacation review: public trust analysis and public
benefit analysis. The following steps will provide for review of a Right of Way vacation petition.
Each step may be iterative and may take multiple rounds of review depending on the complexity
of the project or the quality of the information provided. While Right of Way vacations are
legislative actions that are not subject to the specific timelines for review that apply to land use
permits, City staff will work with the petitioner to make the process as efficient as possible,
assuming all necessary information to support City staff efforts is provided by the applicant in a
timely manner.
i) Circulating the petition
After Public Works files the complete petition with the City Clerk, Public Works will circulate
the petition to City departments, South King Fire Department, Federal Way School District,
utilities, transit agencies, and other organizations as appropriate or requested by Council.
ii) Early Council Briefing or Forum
Upon receipt of a complete petition Public Works will provide an informational briefing to
the Land Use and Transportation Committee.
When the committee deems it appropriate, they may request a briefing for the full Council.
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The Land Use and Transportation committee may also direct staff to work with the
Petitioner to host a briefing or public open house on the Right of Way vacation petition prior
to commencing technical review. The purpose is to provide the public with an early
opportunity to provide input on the vacation to the Council, the petitioner, and City
reviewers.
iii) Public Trust Analysis
The Public Works department will make the petition available to other City departments,
South King Fire Department, Federal Way School District, utilities, transit agencies, and
other organizations as appropriate, may review the public trust elements of the petition and
provide comments to Public Works on whether the petitioner has fully analyzed the impacts
of the proposed vacation along with developing mitigating measures to address any such
impacts. Public Works will provide the Petitioner with any comments and provide the
Petitioner an opportunity to respond to the comments. This may result in multiple rounds of
review, comment, and refinement of the analysis and petition with subsequent information
to adequately addresses the impacts of the vacation. Additional information may be
requested from the petitioner to complete the analysis.
If an environmental impact statement is required, the Land Use and Transportation
Committee will not make a final recommendation to the Council on the public trust
elements of a Right of Way vacation petition until a Final Environmental Impact Statement
has been published.
If an environmental impact statement is not required, the Land Use and Transportation
Committee will only make a final recommendation on the public trust elements of a Right of
Way vacation petition when sufficient information to assess the impacts of the vacation on
the public trust functions has been compiled.
For City Capital Improvement Projects seeking a vacation, the Land Use and Transportation
Committee shall also have approved the project concept, or 30% review, either before or
concurrent to making any final recommendations on the public trust analysis.
Non-city public agencies seeking a vacation may request the Land Use and Transportation
Committee, through a request to Public Works, to review and make a preliminary
recommendation to the Council on the public trust analysis concurrent with submission of a
30% project submission and issuance of a draft environmental impact statement, provided
that sufficient information to assess the impacts of the vacation on the public trust functions
has been submitted by the petitioner. Subsequent substantial changes to the 30% drawings,
at the sole determination of the City, may invalidate the public trust analysis and require
additional or updated analysis. No final action will be taken until after a Final Environmental
Impact Statement has been published.
The Public Works Director shall prepare a report on the vacation petition request and make
an overall recommendation on the petition, addressing each component of the public trust
analysis and any recommended mitigation, to the Land Use and Transportation Committee.
The Land Use and Transportation Committee will consider comments and issues identified
by City Departments, South King Fire Department, Federal Way School District, utilities,
transit agencies, and other organizations, and, as relevant, other City Boards and
Committees, and make a recommendation to the Council on the public trust elements of the
petition. The Public Works Director shall incorporate the Committee’s recommendation into
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the report on the public trust elements of the petition and make a final recommendation to
the full Council.
iv) Public Benefit Analysis
The intent of the public benefit analysis phase of the Right of Way vacation review is to
ensure that adequate public benefits will be provided to offset the loss to the public of the
public trust functions. This review will be guided by these policies.
City departments, South King Fire Department, Federal Way School District, utilities, transit
agencies, and other organizations as appropriate, may review the public benefit analysis and
provide comments to Public Works. Public Works will provide the Petitioner with any
comments and provide the Petitioner an opportunity to respond to the comments. This may
result in multiple rounds of review, comment, and refinement of the analysis with
subsequent information to adequately resolve the comments. Additional information may
be requested from the petitioner to complete the analysis.
For City Capital Improvement Projects seeking a vacation, the Land Use and Transportation
Committee shall also have approved a 60% review either before or concurrent to the
Committee making any final recommendations on the public benefit analysis.
Non-city public agencies seeking a vacation may request the Land Use and Transportation
Committee, through a request to Public Works, to review and make a preliminary
recommendation to the Council on the public benefits analysis concurrent with submission
of a 60% project submission and subsequent to issuance of a draft environmental impact
statement, provided that sufficient information to evaluate the public benefit analysis has
been submitted by the petitioner. Subsequent substantial changes to the 60% drawings, at
the sole determination of the City, may invalidate the public benefit analysis and require
additional or updated analysis. No final action will be taken until after a Final Environmental
Impact Statement has been published.
At the recommendation of the Land Use and Transportation Committee, the City Council
may convene a subcommittee consisting of Council or Commission members, City staff, and
individuals with expertise related to items within the public benefit analysis to receive public
comment and review public benefit packages.
The Public Works Director shall prepare a report on the public benefit analysis and make an
overall recommendation, addressing each component of the public trust analysis and any
recommended mitigation, to the Land Use and Transportation Committee. The Land Use
and Transportation Committee will consider comments and issues identified by City
Departments, South King Fire Department, Federal Way School District, utilities, transit
agencies, and other organizations, and, as relevant, other City Boards and Committees, and
make a recommendation to the Council on the public benefits elements of the petition. The
Public Works Director shall incorporate the Committee’s recommendation into the report
on the public benefits elements of the petition and make a final recommendation to the full
Council.
The Land Use and Transportation Committee will consider the recommendations of the
subcommittee, City departments, and public testimony in developing a recommendation to
the Council on the public benefit package.
v) Final Recommendation
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Public Works will compile all recommendations and comments on the public trust analysis
and the public benefit package. The Public Works Director will prepare a recommendation
and a resolution setting a public hearing date for the Right of Way vacation for presentation
to the Land Use and Transportation Committee and then City Council.
vi) Council Review and Conditional Approval
The Council will hold a public hearing on the petition. It will consider public comments, the
recommendations of the Public Works Director, City departments, South King Fire
Department, Federal Way School District, utilities, transit agencies, and other organizations
as appropriate. The Council may ask for additional information from the petitioner related
to the public trust analysis or public benefit proposal before deciding whether to approve
the petition.
If the Council grants a Right of Way vacation, its initial approval will be conditional. The
Council grants a Right of Way vacation subject to conditions to ensure the project is built as
proposed, to mitigate any impacts, to assure the provision of the public benefit, and to
guarantee required fees are paid. Following this conditional approval, City departments may
issue other necessary permits and the petitioner may proceed with developing the project.
Before beginning work that would alter the Right of Way, the petitioner shall submit and
obtain approval of a plan documenting how and when each condition will be met. Once
approved, the petitioner shall obtain any required permits from Public Works for work
within the Right of Way prior to it being vacated. The petitioner shall fulfill the conditions in
a manner approved by the City. As the development proceeds and the petitioner works on
meeting the conditions, regular reports shall be provided to Public Works.
The petitioner bears the responsibility for satisfying the conditions and all costs associated
with satisfying the conditions. The conditions imposed on a vacation vary and the means to
assure compliance will also vary as follows:
(1) Time for completion: Conditions will be placed on the vacation requiring starting
development by a certain date and completing development by a certain date. The
maximum time for starting development will be 12 month and completion of
development will be 5 years, unless the petitioner demonstrates special circumstances
and the Council approves longer time frames. If work is not started or completed within
the stated period, the petitioner will be required to receive approval from the Council to
extend the conditional approval. If construction work has not started within the stated
period the Council may require that a new petition be filed, and the vacation be
reviewed anew.
(2) Conditions related to the development: Conditions related to developing the project
vary and may be imposed to address design, transportation issues, to mitigate impacts,
or as related to providing the public benefit. These types of conditions are generally met
by completing the project. The City may require a performance bond or other method
to ensure the work is completed.
(3) Conditions related to utilities: Following the vacation conditional approval, the
petitioner shall perform all identified work associated with utilities identified in the
vacation conditions. All easements, restrictive covenants, and relocation agreements
shall be executed before the vacation ordinance is passed. If acceptable to the utility, a
performance bond may be posted before final vacation approval.
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(4) Transportation Conditions: Any conditions imposed to ensure the smooth and safe
operation of the transportation network, including constructing required improvements,
shall be carried out before the vacation ordinance is passed.
(5) Conveying real property: If the conditions require the dedication of property, exchange
of property, or the dedication of Right of Way, the petitioner shall convey the property
before the vacation ordinance is passed. The petitioner shall convey property
acceptable to the City and provide an acceptable deed form, title insurance,
environmental site assessment and environmental remediation, perform any other
review deemed necessary by the City, and pay any applicable taxes.
(6) Conditions that extend beyond the development phase of the project: For conditions
that will last for the life of the project such as public benefit requirements, areas to
remain accessible to the public, or any other item deemed by the City to extend beyond
the development phase, a Property Use and Development Agreement (PUDA),
easement, or other binding mechanism acceptable to the City shall be required and
recorded before the vacation ordinance is passed.
(7) Payment of fees: All fees shall be paid before the vacation ordinance is passed. Any
conditions that require the payment of funds shall occur before the vacation ordinance
is passed.
In no circumstances will the City pass a final vacation ordinance without certainty about
completing all required conditions and paying all required fees.
vii) Final Right of Way vacation
Once all conditions have been satisfied, Public Works will prepare and the Council will
consider and pass a final Right of Way vacation ordinance granting control of the Right of
Way to the abutting property owners.
Unless otherwise stipulated in the Petition, when more than one party owns property
abutting the Right of Way, the Right of Way will be divided so that each side of the Right of
Way receives the part of the Right of Way closest to their property.
viii) Costs and Fees
The costs and fees associated with a vacation are established in the City of Federal Way fee
schedule. The petitioner is responsible for preparing and providing information necessary to
respond to City questions or concerns. Additional costs may include required mitigation
measures and the costs associated with providing the public benefit.
To protect the integrity of the legislative Right of Way vacation review process, a notarized
statement shall be signed by the petitioner and included in the petition for the proposed
vacation. The statement shall indicate that the petitioner acknowledges that the vacation
petition may be subsequently denied at the Council’s discretion; and that any financial
commitment the petitioner has made before vacation approval is at their own risk and will
not be a factor in the Council’s decision on the proposed Right of Way vacation.
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CITY OF FEDERAL WAY
RIGHT OF WAY VACATION
CHECKLIST
This checklist is intended to provide an overview of key requirements for submission, see the Administrative Street
Vacation Policies for additional information.
STEP 1: Before Applying -
Contact Public Works - Development Services to discuss feasibility and alternatives
Schedule and conduct a pre-application meeting
Prepare a written initial community engagement plan consistent with the WSDOT Community Engagement Plan
Guide
Conduct early community engagement and collect feedback
STEP 2: Petition -
1. Complete the attached Request for Petition Form and submit it to Public Works.
2. Collect signatures on the provided form(s).
3. Once signatures have been collected, proceed to Step 3.
Note: The City will provide the petition signature form after the information in step 1 is submitted.
STEP 3: Application for Vacation -
Submit the completed Right of Way Vacation Application Form, all pages of the signed petition forms, and all required
supporting documentation.
Applications submitted without all required information will be returned to petitioner with no action. Once Public Works
has determined all required information has been provided and is complete, Public Works will file it with the City Clerk,
which commences the review process.
Five (5) hard copies and an electronic copy, in file formats acceptable to the City, of the following minimum information
is required:
Completed petition forms with notarized signatures of 2/3 of adjacent property owners proposed to be vacated.
o Petition must contain signatures of property owners on both sides of street, even if only a portion of the
Right of Way is sought for vacation.
o For property owned by other than an individual, petition must include notarized signatures of two
authorized officers. Submittal must also include documentation demonstrating the authorized officer’s
authority to bind the entity.
Project description, including:
o Dimensions, height, stories, parking, land use and site access for all modes of transportation for both
existing and proposed conditions
o Site plans, elevations, conceptual building drawings and renderings demonstrating proposed conditions
o Description for the reason the vacation is needed, including what the vacation contributes to the
property, and the increase in development potential attributable to the vacation
o Provision for a “no vacation” alternative, describing what could be built on site without a vacation. Site
plans showing a layout with no vacation must be provided and document why it is in the public’s
interest to vacate the Right of Way
o Proposed development timeline
o Project construction value, itemized by AIA specification numbering
o Project taxable value
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Site Information:
o Legal description of street proposed to be vacated, prepared and sealed by a Licensed Surveyor
o Site, zoning, overlay and topographical maps, identified site constraints
Project Information:
o Development and consultant team contact information
o Background information on petitioner proposing vacation
o Documentation showing the petitioner has legal authority to initiate the petition
o Map of Right of Way proposed for vacation
o Description of existing conditions and uses
Land Use Information:
o Current Zoning and Comprehensive Plan Land Use designations
o Summary of City plans and policies impacted
o Identification of land use actions by both the City and other regulatory authorities required to develop
the project
o Comparison of development with and without the vacation
o Urban design analysis of area surrounding the project site that includes a minimum of ½ mile in all
directions
o Analysis of land use and urban design impacts of development
o Analysis of impacts on essential public facilities
Transportation Information:
o Current use and design of the Right of Way
o Roadway designation, including street type
o Analysis of transportation impacts from vacation, for both a build and no build condition, for:
▪ Vehicles
▪ Transit
▪ Bicycle
▪ Pedestrian
▪ Freight
Utilities Information:
o Identification of current utilities within the area proposed for vacation
o Potential future utilities
o Proposed mitigation for impacts to current and future utilities
Historic sites or buildings Information:
o Identification of any designated historical site or building within ½ mile in all directions
o Proposed mitigation for impacts
Community Engagement Plan:
o Preliminary community engagement plan
o All comments and feedback received from preliminary community engagement
o Full community engagement plan
Vacation Policies:
o Public Trust Analysis
o Public Benefit Proposal
Environmental Review:
o SEPA/NEPA checklist
Previously rejected vacation proposal:
o Explanation of altered circumstances since previous rejection
Filing Fee
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CITY OF FEDERAL WAY
RIGHT OF WAY VACATION
REQUEST FOR PETITION FORM
PROJECT INFORMATION
Project Name: ____________________________________________________________________
Short Name of Right of Way to be vacated: _____________________________________________
Pre-application Meeting Date: ___________________
CONTACT INFORMATION
Company Name: _________________________________________
Individual Point of Contact: _________________________________
Phone Number: _______________________ Email: ______________________________________
Address: _________________________________________________________________________
GENERAL INFORMATION
Street Name requested to be vacated: _________________________________________________
Nearest intersection on each side of requested vacation:
(1) _______________________________________________________________________
(2) _______________________________________________________________________
Centerline length of requested vacation: ____________ feet
Number of total adjacent property owners between identified intersections: ___________________
REQUIRED ATTACHMENTS
Legal description of Right of Way proposed to be vacated
Map of proposed vacation
Plan for the proposed project
Names and addresses of all property owners adjacent to vacation area, inclusive of the entire Right of Way
to the nearest intersections adjacent to the proposed vacation
Initial Community Engagement Plan
Collected community feedback
Proof of Signature Authority (not applicable to a request by an individual)
I certify under penalty of perjury that I am the property owner. I certify that to the best of my knowledge, the information submitted
is true and correct. I certify that I will comply with all applicable City of Federal Way regulations pertaining to the Right of Way
vacation process. I understand that a Right of Way vacation does not remove the owner’s responsibility for compliance with local,
state, or federal laws and understand it is my responsibility to obtain all other required permits prior to the commencement of work.
I further agree to hold harmless the City of Federal Way as to any claim (including costs, expenses, and attorneys’ fees incu rred in the
investigation and defense of such claim), which may be made by any person, including the undersigned, and filed ag ainst the city, but
only where such claim arises out of the reliance of the city, including its officers and employees, upon the accuracy of the information
supplied to the city by the petitioner.
___________________ ___________________ _______________ _________
Signature Typed Name Title Date
141
CITY OF FEDERAL WAY
RIGHT OF WAY VACATION
APPLICATION FORM
PROJECT INFORMATION
Project Name: ____________________________________________________________________
Short Name of Right of Way to be vacated: _____________________________________________
CONTACT INFORMATION
Company Name: _________________________________________
Individual Point of Contact: _________________________________
Phone Number: _______________________ Email: ______________________________________
Address: _________________________________________________________________________
GENERAL INFORMATION
Street Name requested to be vacated: _________________________________________________
Nearest intersection on each side of requested vacation:
(1) _______________________________________________________________________
(2) _______________________________________________________________________
Centerline length of requested vacation: ____________ feet
Number of total adjacent property owners between identified intersections: ___________________
Number of adjacent property owners who signed in favor of petition: _________________________
REQUIRED ATTACHMENTS
Submit five (5) hard copies and an electronic copy of each of the following:
Completed, notarized, petition forms
Written description of proposed project
Project plans and renderings
Site Information
Project Information and contact
information
Land Use Information
Transportation Information
Utilities Information
Historic Sites or Buildings Information
Community Engagement Plan
Public Trust Analysis
Public Benefit Analysis
Environmental Review Information
Alterations from previous application (if
applicable)
Filing Fee
(Signature Page Follows)
142
PROJECT INFORMATION
Project Name: ____________________________________________________________________
Short Name of Right of Way to be vacated: _____________________________________________
I certify under penalty of perjury that I am the property owner. I certify that to the best of my knowledge, the
information submitted is true and correct. I certify that I will comply with all applicable City of Federal Way
regulations pertaining to the Right of Way vacation process. I understand that a Right of Way vacation does not
remove the owner’s responsibility for compliance with local, state, or federal laws and understand it is my
responsibility to obtain all other required permits prior to the commencement of work.
I further agree to hold harmless the City of Federal Way as to any claim (including costs, expenses, and attorneys’
fees incurred in the investigation and defense of such claim), which may be made by any person, including the
undersigned, and filed against the city, but only where such claim arises out of the reliance of the city, including its
officers and employees, upon the accuracy of the information supplied to the city by the petitioner.
___________________ ___________________ _______________ _________
Signature Typed Name Title Date
STATE OF WASHINGTON )
) ss.
COUNTY OF ____________ )
On this day personally appeared before me ____________________________________, to me known
to be the ________________________________ of _______________________ that executed the
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed
of said corporation/ limited liability company, for the uses and purposes therein mentioned, and on oath
stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the
corporate seal of said corporation.
GIVEN my hand and official seal this ______ day of _______________________, 20__.
______________________________________
______________________________________
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires ____________________
143
CITY OF FEDERAL WAY
RIGHT OF WAY VACATION
SAMPLE PETITION FORM
Owner Name:
Address:
Parcel No.:
The City has received a request from ___________ to vacate a Right of Way in association with
__________ project. City Code and State Law governs the process for vacation of a Right of Way and
requires a petition of adjacent property owners with support of 2/3s for the vacation process to proceed.
If a petition does not receive support from 2/3s of the adjacent property owners the vacation process
does not continue.
Information related to the vacation request:
Street Name requested to be vacated:
Nearest intersection on each side of requested vacation:
(1)
(2)
Centerline length of requested vacation: feet
Number of total adjacent property owners:
I, as the owner identified above:
DO support vacation of the above Right of Way
DO NOT support vacation of the above Right of Way
I certify under penalty of perjury that I am the property owner and the information submitted is true and correct.
___________________ ___________________ _______________ _________
Signature Typed Name Title Date
___________________ ___________________ _______________ _________
Signature Typed Name Title Date
Corporate:
STATE OF WASHINGTON )
) ss.
COUNTY OF ____________)
On this day personally appeared before me ______________________, to me known to be the
_______________________ of _____________________________________that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to
execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this ______ day of ______________________, 20__.
Notary’s signature ____________________________________
Notary’s printed name _________________________________
Notary Public in and for the State of Washington.
My commission expires__________________
144
LLC:
STATE OF WASHINGTON )
) ss.
COUNTY OF ____________)
On this day personally appeared before me ______________________, to me known to be the
_______________________ of _____________________________________that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited
liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was
authorized to execute said instrument.
GIVEN my hand and official seal this ______ day of ______________________, 20__.
Notary’s signature ____________________________________
Notary’s printed name _________________________________
Notary Public in and for the State of Washington.
My commission expires__________________
Individual:
STATE OF WASHINGTON )
) ss.
COUNTY OF ____________ )
On this day personally appeared before me, ______________________________________, to me known
to be the individual described in and who executed the foregoing instrument, and on oath swore that
he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses
and purposes therein mentioned.
GIVEN my hand and official seal this ______ day of ______________________, 20__.
Notary’s signature ____________________________________
Notary’s printed name _________________________________
Notary Public in and for the State of Washington.
My commission expires__________________
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