LUTC PKT 06-03-1996
cJ2vJu
City of Federal Way
City Council
Land Use/Transportation Committee
June 3, 1996
5:30 pm
City Hall
Council Chambers
AGENDA
1. CALL TO ORDER
2. AFPROV AL OF MINUTES
3. PUBLIC COMMENT ( 3 minute limit)
4. BUSINESS ITEMS
A.
Sign Code Enforcement (verbal)
Info Moore/5 min
Action McCormick/5 min
Action Nordby/I5 min
Action Roo/5 min
Info Prattl5 min
B.
Planning Commission Membership
C.
Junk Vehicles
D.
Gated Communities
E.
SeaTac Phase I (Belmor Park)
Downstream Culvert Upgrades
F.
BP A Trail Phase II, UPR III
Action
Harris/IO min
E.
South 356th RHTL Design Approval/
Authorization to Bid
Action
Miller/l0 min
5.
OTHER ITEMS
6.
FUTURE MEETINGS/AGENDAS
7.
ADJOURN
Comminee Members:
Phil Watkins, Chair
Ron Gintz
Mary Gates
City Staff:
Greg Moore, CDS Director
Sandy Lyle. Administrative Assistant
661-4116
City of Federal Way
City Council
Land Use/Transportation Committee
COMMITTEE OF THE WHOLE
May 6, 1996
5:30pm
City Hall
Council Chambers
SUMMARY
In attendance: Committee members Phil Watkins (chair), Ron Gintz and Mary Gates; Mayor Skip Priest; Councilmembers Jack
Dovey, Hope Elder, Michael Park; City Manager Ken Nyberg; Deputy City Manager Philip Keightley; Community Development
Services Director Greg Moore; Public Works Director Cary Roe; City Attorney Londi Lindell; Assistant City Attorney Jim
McNamara; Assistant City Attorney Bonnie Lindstrom; Surface Water Manager Jeff Pratt; Surface Water Management Project
Engineer Marwan Salloum; Assistant Community Services Director Kathy McClung; Principal Planner Greg McCormick; Senior
Planner Mike Thomas; Senior Planner Lori Michaelson-Schill; Streets Engineer Ken Miller; Administrative Assistant Sandy Lyle.
1.
CALL TO ORDER
The meeting was called to order at 5:30pm.
2.
AFPROV AL OF MINUTES
The minutes of the April 15, 1996, meeting were approved as presented.
3.
PUBLIC COMMENT
Kurt Smeller, Land Use attorney representing John Amman expressed the concerns of his client regarding the non-residential
code provision limiting street intersections to one gasoline service station.
Elaine Mansoor of the Sea- Tac Mall supports eighty foot building heights and five foot landscape buffers.
Rob Reuber expressed his concerns regarding modulation requirements of long buildings. He would like to see modulation
options expanded to permit various combinations.
Dan Casey of Gateway Center stated his concerns that requiring buildings to front sidewalks with parking in the rear is not
working. Building two separate entrances, one off the sidewalk and one accessible to parking areas is too expensive.
Designing a building so its "back" side abuts the sidewalk then exposes back-of-building items such as meters and loading bays
to street views.
4.
BUSINESS ITEMS
A. Pu~et Sound Re~ional Council (pSRC) Transportation Projects - PSRC has requested local and county governments
to submit a regionally-oriented list of priority transportation projects that could be accomplished withing six years and
be financially constrained by an assumed 4.6 percent increase in the Local Option Gas Tax. The increase equates to
$11,049,576 over six years for the City. The proposed list of projects, taken from the approved 1995/96
Transportation Improvement Plan, will be used by PSRC to develop a Six-Year Action Strategy that is intended to
help shape a possible 1997 Legislative transportation revenue package. The C<>1nmittee reviewed the list and
approved the priority transportation project list for Federal Way. It was m/s/c to move the approved list to the City
Council at the May 7, 1996, meeting for consideration.
B.
South 336th and Kitts: Re~ional Storm Water Stora~e Facility - The design plans and specifications for the 336th &
Kitts project are complete, and represent, with one exception, consensus of the involved stakeholders. Acquisition
nine of twelve parcels is complete. In order to begin construction this year it may be necessary to redesign the
project around the three parcels not yet acquired through a pipeline wholly contained withing SR99 right-of-way and
already obtained easements. The Committee agreed that Alternative IT - proceeding with redesign and project bidding
with the SR99 reroute. The Committee also agreed to approve formal appropriation of the project reserve fund in the
amount of $260,658. It was m/s/c that staff recommendations be sent to Council for consideration at the May 7,
1996, meeting.
C.
Discussion: Non-residential Code RevisionslDesi~ Guidelines - The Committee determined the discussion format
would first include zoning text amendments; second, discussion of the zoning map; third, discussion of design
guidelines. Each proposed amendment to each non-residential code was discussed. It was m/s/c to retain existing
landscape code language regarding the screening of parking from rights-of-ways. The Committee also m/s/c the
adoption of a maximum building height of ninety-five feet for certain uses in City Center. Changes were made to the
zoning map to comply with the Comprehensive Plan adopted by Council in November of 1995. Discussion of Design
Guidelines was tabled due to the late hour until the special meeting to be scheduled at 5:30pm, May 13, 1996.
5.
OTHER ITEMS
There was no other business.
6.
FUTURE MEETINGS/AGENDAS
The discussion of Community Design Guidelines will continue at the May 13, 1996, special meeting.
7.
ADJOURN
The meeting was adjourned at 9: IOpm.
I:\LU-TRANS\MA Y6LUT.SUM
. . .
City of Federal Way
City Council
Land Use/Transportation Committee
COMMITIEE OF THE WHOLE
May 13, 1996
5:30pm
City HaIl
Council Chambers
SUMMARY OF THE SPECIAL MEETING
In attendance: Committee members Phil Watkins (chair), Ron Gintz and Mary Gates; Mayor Skip Priest; Councilmembers Jack
Dovey, Hope Elder, Michael Park; City Manager Ken Nyberg; Deputy City Manager Philip Keightley; Community Development
Services Director Greg Moore; City Attorney Londi Lindell; Assistant City Attorney Jim McNamara; Assistant Community Services
Director Kathy McClung; Principal Planner Greg McCormick; Principal Planner Greg Fewins; Development Services Manager Stephen
Clifton; Senior Planner Mike Thomas; Senior Planner Lori Michaelson-Schill; Administrative Assistant Sandy Lyle.
1.
CALL TO ORDER
The meeting was called to order at 5:35pm.
2.
APPROV AL OF MINUTES
There were no minutes to approve.
3.
PUBLIC COMMENT
There was no public comment on items other than those listed on the agenda.
4.
BUSINESS ITEMS
Discussion - Community Desi p1 Guidelines - Community Design Guidelines was the only item included on the agenda in order
to give The Committee and Council thoroughly discussed the complicated issues, amended some items, and shared ideas and
comments. An Executive Session lasting approximately thirty minutes was convened at 7:35pm. Upon Council's return,
discussion of the guidelines continued. When several items remained for further discussion at 9:20pm, the Committee agreed
to a final meeting to complete deliberations on design guidelines issues.
5.
OTHER ITEMS
There was no other business.
6.
FUTURE MEETINGS/AGENDAS
Discussion on the Community Design Guidelines will be concluded at the regular meeting on May 20, 1996.
7.
ADJOURN
The meeting was adjourned at 9:20pm.
I: \LV- TRANS\MA Y 13LUT.SUM
City of Federal Way
City Council
Land Use/Transportation Committee
COMMITTEE OF mE WHOLE
May 20, 1996
5:30pm
City Hall
Council Chambers
SUMMARY
In attendance: Committee members Phil Watkins (chair) and Mary Gates; Mayor Skip Priest; Councilmembers Jack Dovey, Hope
Elder, Michael Park; City Manager Ken Nyberg; Deputy City Manager Philip Keightley; Community Development Services Director
Greg Moore; City Attorney Londi Lindell; Assistant City Attorney Jim McNamara;; Assistant Community Services Director Kathy
McClung; Principal Planner Greg McCormick; Senior Planner Lori Michaelson-Schill; Administrative Assistant Sandy Lyle.
1.
CALL TO ORDER
The meeting was called to order at 5:35pm.
2.
APPROV AL OF MINUTES
The approval of minutes of previous meetings was deferred.
3.
PUBLIC COMMENT
Rob Reuber, addressing scale modulations, spoke in favor of combining various elements to create a unique and distinctive
look and appearance.
4.
BUSINESS ITEMS
Discussion: Community DesiWi Guidelines - The policy framework for the guidelines was reviewed in general and then
discussed relative to specific zoning districts. Discussion considered overall m;n;mllm standards and appropriate zone-specifil
supplemental guidelines. The overall intent and philosophy of the guidelines was discussed, and it was noted that the
implementation process will rely on collaboration and design flexibility. No specific motions were made, however, it was felt
that the Committee's deh'berations gave staff sufficient direction to complete the final draft of the document. It was determined
that the ordinance for the non-residential code revisions, zoning map, and design guidelines, well be included for first reading
at the City Council meeting on June 18, 1996.
5.
OTHER ITEMS
There was no other business.
6.
FUTURE MEETINGS/AGENDAS
The next meeting of the Land Use/Transportation Committee will take place on June 3, 1996, with a full agenda.
7.
ADJOURN
The meeting was adjourned at 9: lOpm.
I:\LU-TRANS\MAY20LUT.SUM
To:
From:
Subject:
Date:
I.
City Council
Robert Vaughan, Chair
Planning Commission Recommendation
April 8, 1996
MEMORANDUM
Background
Under current FWCC provisions, planning commissioners are appointed to a three
year term, at the end of which either the commissioner can be reappointed or a
replacement commissioner is appointed. Three appointments/reappointments are
to occur every year.
At the March 4, 1996 Transportation and Land Use Committee (LUTC), the issue
of the membership of the planning commission was discussed. The LUTC and
subsequently, the full City Council at its March 19th meeting provided staff with the
direction to make the necessary changes to reduce the planning commission
. membership from nine to seven.
II.
Planning Commission Recommendation
The Planning Commission voted unanimously to folWard a recommendation of
approval to the city council on the following revisions to the Federal Way City Code
(FWCC):
1.
Section 22-57. Membership.
The planning commission shall consist of f'rifte §.~y;~o. members who
are residents or property owners in the city with interest in land use and
planning issues and a commitment to the planned development of the
community. Planning commission members shall serve without
compensation.
2.
Section 22-58. Appointment.
The planning commission shall~~_appointed by city council. The city
council shall annually appoint tfflee Ô~ members to fill the expiring terms
on the planning commission. Planning commission members may be
reappointed as many consecutive times as city council deems appropriate.
If, for any reason, a vacancy occurs during the term of a planning
commission member, the city council shall appoint a new member to fill the
unexpired term of that planning commission member. The city council may
remove a planning commission member at any time if the' city council
determines that the planning commission member is not fulfilling his or her
responsibilities to the satisfaction of city council. All members of the
planning commission shall serve until their successors are duly appointed
CITY COUNCIL
Page 2
April 8, 1996
by city council. The city council may also appoint alternate planning
commission members as the need arises, consistent with RCW 35A.63.020.
3. Extend the terms of planning commissioner appointments from three
to four years.
III.
FINDINGS
The following findings are provided to support the commission's recommendation:
1. Whereas, Federal Way as a code city is subject to the provisions of
RCW 35A.63.020, Planning agency -Creation-Powers and duties-Conflicts
of Interest; and
2. Whereas, the City of Federal Way determines the number of planning
commissioners to serve on the Federal Way Planning Commission; and
3. Whereas, reducing the number of planning commissioners would
continue to provide for adequate community representation on the planning
commission; and
4. Whereas, the proposed code amendment would not adversely affect
the public health, safety or welfare; and
5. Whereas, given the complexity of the issues reviewed by the planning
commission and the reduction of the number of commissioners, extending
the term of appointment from three to four years would allow commissioners
to gain needed experience to effectively address the land use matters
brought before the commission.
bð~
ROBERT VAUGHAN, CH -
CITY OF FEDERAL WAY
PLANNING COMMISSION MEETING OF APRIL 3, 1996
DATE:
MARCH 15, 1996
CITY OF FEDERAL WAY
APPLICANT:
PROPOSED ACTION:
AMEND SECTIONS 22-57 AND 22-58 OF THE FEDERAL
WAY CITY CODE TO REDUCE THE NUMBER OF
APPOINTED PLANNING COMMISSION MEMBERS FROM
NINE TO SEVEN AND TO AMEND THE APPOINTMENT
PROVISIONS FOR THE PLANNING COMMISSION
STAFF:
GREG MCCORMICK - AICP, PRINCIPAL PLANNER
EXEMPT
SEPA STATUS:
I.
BACKGROUND
When the City of Federal Way incorporated in 1990, land use issues were a major focus
of the incorporation effort. Because of the importance of land use issues and due to the
fact a large number of citizens were actively involved in the incorporation effort and ran for
seats on the first city council, the city's first council established a nine member planning
commission to provide citizens an opportunity to be actively involved in the newly created
City of Federal Way.
Under current FWCC provisions, planning commissioners are appointed to a three year
term, at the end of which either the commissioner can be reappointed or a replacement
commissioner is appointed. Three appointments/reappointments are to occur every year.
At the March 4, 1996 Transportation and Land Use Committee (LUTC), the issue of the
membership of the planning commission was discussed. The LUTC and subsequently, the
full City Council at its March 19th meeting provided staff with the direction to make the
necessary changes to reduce the planning commission membership from nine to seven.
II.
ISSUES
A.
Representation
1
ZONING CODE AMENDMENT
PLANNING COMMISSION APPOINTMENTS
APRIL 3, 1996
One purpose of appointing a large number of members to any board or commission is to
ensure that there is an opportunity to provide adequate representation on citizen boards.
Each community has a broad range of formal or informal interest groups that are active in
the community. These groups can represent such areas as environmental, business,
industry, homeowners, etc..
B,
Participation
As noted above, when Federal Way incorporated many citizens where involved in the
incorporation effort and subsequently many of those involved in the incorporation effort
also ran for city council. After the first council was elected, those people that were not
elected to the council were still interested in serving the community in some fashion. The
first council chose to channel this civic enthusiasm by appointing interested community
activists to the various volunteer boards and commissions that were formed after
incorporation. The first city council had no trouble filling these board and commission
seats. However, since the initial flurry of citizen participation and involvement, interest in
volunteer boards and commissions seems to be diminishing.
The City Clerk has had problems filling vacancies on nearly all boards and commissions
recently, including the planning commission. In the fall of 1995, the planning commission
had two commissioners with terms expiring and also needed to appoint an alternate
planning commissioner. After two weeks of advertising the city received a total of four
applications for the three positions. This type of response is indicative of what the city has
been experiencing recently when advertising for board and commission openings.
C.
Survey Results
City staff contacted a number of cities throughout the region inquiring about the number
of planning commissioners and length of appointment. Below is a summary of that survey.
CITY NUMBER OF COMMISSIONERS LENGTH OF TERM
Auburn 7 Members 4 year - staggered
Bellevue 5 Members 4 year - staggered
Des Moines 7 Members 4 year - staggered
2
ZONING CODE AMENDMENT
PLANNING COMMISSION APPOINTMENTS
APRIL 3, 1996
Kent Council disbanded PC - is being 6 year - may be reduced under
reorganized - prior 9 members, may reorganization
be reduced as part of reorganization
Kirkland 7 Members 4 year
Redmond 7 Members 4 year
Renton 9 Members 3 year - staggered
Sea- Tac 7 Members 5 year
As can be seen in the above table, all jurisdictions with the exception of the City of Renton
employed a seven or fewer member planning commission. Most cities use a four year,
staggered term of appointment. Jurisdictions surveyed felt that a seven member
commission provided opportunity for broad community representation on the planning
commission.
IV.
MMENDA TI N
Staff recommends that the planning commission forward a recommendation of approval
to the city council on the following FWCC revisions:
1.
Section 22-57. Membership.
The planning commission shall consist of nffle §§y@jfl. members who are
residents or property owners in the city with interest in land use and planning issues
and a commitment to the planned development of the community. Planning
commission members shall serve without compensation.
2.
Section 22-58. Appointment.
The planning commission shall be appointed by city council. The city council
shall annually appoint tftfee Q~W members to fill the expiring terms on the planning
commission. Planning commission members may be reappointed as many
consecutive times as city council deems appropriate. If, for any reason, a vacancy
occurs during the term of a planning commission member, the city council shall
appoint a new member to fill the unexpired term of that planning commission
member. The city council may remove a planning commission member at any time
3
MEMORANDUM
City of Federal Way
Date:
May 14, 1996
To:
I Way City Council Land Use and Transportation Committee,
tIeins, Chair
From:
ordby, Code Compliance Officer
Re:
Junk and Junked Vehic1e Code Text Amendment
Please find attached the recommendation of the Federal Way Planning Commission, the
staff report provided to the commission and a draft ordinance. The recommendation is
to amend the zoning definitions section to add definitions for junk or junked vehicles and
an inoperable vehicle and incorporate these new definitions into section 22-952 of the
Federal Way City Code, Junk and junkyards prohibited. These amendments add
definitions currently missing from the existing zoning code and provide needed direction
to enforcement staff when dealing with the largest single category of citizen complaints.
r ",
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING SECTIONS
22-57 AND 22-58 OF THE FEDERAL WAY CITY CODE
TO REDUCE THE NUMBER OF APPOINTED PLANNING
COMMISSION MEMBERS FROM NINE TO SEVEN AND TO
AMEND THE APPOINTMENT PROVISIONS FOR THE
PLANNING COMMISSION
WHEREAS,
amendments to the FWCC text are authorized
pursuant to FWCC sections 22-216 and 22-217 pursuant to Process IV
review; and
WHEREAS, the Federal Way City Council has considered a
proposed change to the FWCC relating to the number of members
serving
on
the
Planning
Commission
and
the
term
of
their
appointment ("Proposal"); and
WHEREAS, the Federal Way City Council, pursuant to FWCC
22-517, having determined the Proposal to be worthy of legislative
consideration, referred the Proposal to the Federal Way Planning
commission for its review and recommendation; and
WHEREAS,
the Federal Way Planning Commission,
having
considered the Proposal at a public hearing on April 3,
1996
pursuant to FWCC section 22-523, and all public notices having been
duly given pursuant to FWCC section 22-521; and
WHEREAS,
following the public hearing,
the Planning
Commission submitted to the Land Use and Transportation Committee
of the City Council its recommendation in favor of proposed text
amendments to FWCC 22-57 and FWCC 22-58; and
ORD #
, PAGE 1
r;' r;-:ì {ï;\ D i.,IT
:¡: :;" L',~"j\ IU~ I
c; U'"-'
WHEREAS, the Land Use and Transportation Committee of the
City
Council
considered
the
recommendation
of
the
Planning
Commission
and
has
moved
to
forward
the
Planning
Commission
recommendation to the full City Council, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
section 1. Findinas.
After full and careful consideration,
the City Council of the City of Federal Way makes the following
findings with respect to the Proposal and the proposed amendments
to the Federal Way City Code ("FWCC")¡
1.
Federal Way, as a code city is subject to the provisions
of RCW 35A.63.020,
"Planning Commission - Creation - Powers and
Duties - Conflicts of Interest".
2.
The City of Federal Way has authority to determine the
number of planning commissioners to serve on the Federal Way
Planning Commission.
3.
Reducing the number of planning commissioners would
continue to provide for adequate community representation on the
Planning Commission
4.
The proposed code amendments would not adversely affect
the public health, safety or welfare.
5.
Given the complexity of the
issues
reviewed by the
Planning
commission
and
the
reduction
of
the
number
of
commissioners, extending the term of appointment from three to four
ORD #
, PAGE 2
years
would
allow commissioners
to
gain
needed
experience
to
effectively
address
the
land
use
matters
brought
before
the
Commission.
section 2.
Conclusions.
Pursuant to FWCC Section 22-217 and
based upon 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 Proposal:
1.
The Proposal is consistent with the Comprehensive Plan.
2.
The Proposal bears a substantial relationship to the
public health, safety and welfare because extending the term
of
appointment
of
planning
commissioners
would
allow
commissioners to gain additional experience and insight.
3.
The Proposal is in the best interests of the residents of
the city.
section 3.
Amendments.
A.
Membershiþ on Planninq Commission
section 22-27 of the Federal
Way city Code shall be amended to provide as follows:
section 22-57.
Membership.
The planning commission
shall
consist
of fl4.fte seven
members who are residents or property owners in the city with
interest in land use and planning issues and a commitment to
the planned development of the community.
Planning commission
members shall serve without compensation.
ORD #
, PAGE 3
B.
Appointment of Planninq Commission Members
section 22-58 of
the Federal Way City Code shall be amended to provide as follows:
section 22-58.
Appointment.
The
planning
commission
shall
be
appointed
by
city
council.
Each member shall serve a term of four vears.
The
city council shall annually appoint three new members to fill
the expiring terms on the planning commission.
Planning
commission members may be reappointed as many consecuti ve
times as city council deems appropriate.
If, for any reason,
a vacancy occurs during the term of a planning commission
member, the city council shall appoint a new member to fill
the unexpired term of that planning commission member.
The
city council may remove a planning commission member at any
time
if
the
city
council
determines
that
the
planning
commission
member
is
not
fulfilling
his
or
her
responsibilities to the satisfaction of city council.
All
members of the planning commission shall serve until their
successors are duly appointed by city council.
The city
council may also appoint alternate planning commission members
as the need arises, consistent with RCW 35A.63.020.
section
4.
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
ORD #
, PAGE 4
remainder of the ordinance, or the validity of its application to
other persons or circumstances.
section 5.
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
section 6.
Effective Date.
This ordinance shall take
effect and be in force thirty (30) days from the time of its final
passage, as provided by law.
PASSED by the City Council of the city of Federal Way
this
day of
, 1996.
CITY OF FEDERAL WAY
MAYOR, MARLON S. PRIEST
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:\ORDIN\plan.ORD
ORD #
, PAGE 5
CITY OF FEDERAL WAY PLANNING COMMISSION
MEMORANDUM
DATE:
March 26, 1996
TO:
MAYOR PRIEST AND CITY COUNCIL
FROM:
ROBERT VAUGHAN, CHAIR
FEDERAL WAY PLANNING COMMISSION
SUBJECT:
RECOMMENDATION FOR APPROVAL OF AMENDMENTS TO
CHAPTER 22. Article 1.. DEFINITIONS-JUNK. AND ARTICLE :xnr
§ 22-952-JUNK AND JUNKYARDS PROHIBITED OF THE FEDERAL
WAY CITY CODE. RELATIVE TO DEFINITIONS AND
PERFORMANCE STANDARDS FOR JUNK AND INOPERABLE
VEIDCLES.
SEPA STATUS:
EXEMPT
1.
BACKGROUND
Martin Nordby, Code Compliance Officer, brought before the Land Use and Transportation
Committee a request for a merit decision to amend the defmition of junk and add definitions for
"junk vehicles" and "inoperable vehicles" in December 1994. The Committee instructed this
matter be scheduled as a work item for the Planning Commission. Staff's request was based on
the lack of a definition in our existing zoning regulations for a junk vehicle or an inoperable
vehicle.
Research materials from the Municipal Research and Services Center were compiled by staff to
determine how other cities define these terms. The Revised Code of Washington was also
referenced for the State's definition of a junk vehicle. A definition of "junk" and "inoperable
vehicles" was drafted based on this data plus interviews with code enforcement officers in other
cities.
The Planning Commission opened public hearings on the proposed amendments on March 20,
1996. The Commission received the staff report and recommendation, in addition, a
presentation was made by Mr. Nordby and public comment by citizens on the proposed
amendments was heard. The Commission began deliberations on the proposed amendments
following the conclusion of the presentation and public comment at the March 20, 1996
Commission meeting. Deliberations were concluded at the same meeting.
ll.
PLANNING COMMISSION RECOMMENDATION
A.
Definitions - Chapter 22-1
1
II.
PLANNING COMMISSION RECOMMENDATION
A.
Definitions - Chapter 22-1
The commission recommends amending Chapter 22, Definitions, as indicated in the attached draft. This
draft is identical to staff's recommendation.
B.
Junk and junkyards prohibited - Chapter 22-952
The commission recommends amending Chapter 22, Junk and junkyards prohibited, as indicated in the
attached draft. This draft is identical to staff's recommendation.
TII.
FINDINGS
The Planning Commission made the following findings in support of the above recommendations:
1) Lack of a complete definition in the code for an "inoperable," "junk" or "junked vehicle"
limits the City's ability to abate complaints about junked or inoperable motor vehicles and home
occupation auto repair.
2) Junk vehicle and home auto repair complaints continue to comprise a significant percentage
of complaints investigated by the City's code compliance officers.
3) Effective methods of dealing with the legitimate abatement of junk vehicles is essential to
effective zoning enforcement contributing to a safer and more livable community.
The following Comprehensive Plan goals and policies are cited in support of the Planning Commission
recommendations.
LUP14
Maintain and protect the character of existing and future single family
neighborhoods through the strict enforcement of the City's land use regulations.
HP5
Maintain a strong code enforcement program to protect residential areas from
illega1land use activities.
.1
U~
ROBERT VAUGHAN, ~IR
CITY OF FEDERAL WAY PLANNING COMMISSION
~Þ7/Ýk'
DATE
Attachments:
. City Staff Report and Recommendation
2
JUNK AND JUNK VEIDCLE CODE AMENDMENT
Proposed Amendments
Federal Way City Code
Chapter 22 ZONING
Article I. In General
Section 22-1. Definitions
Inoperable motor vehicle shall be any vehicle that has been in a stationary position for more than
fourteen (14) days. is apparently inoperable or requires repairs in order to be operated legally
on the public roads or is unable to move a distance of 10 feet on level pavement under its own
power.
Junk or junked vehicle shall mean any vehicle substantially meeting at least two of the following
conditions:
a) Is extensively damaged. such damage including but not limited to any of the following:
A broken window or windshield or missing wheels. tires. engine or transmission:
b) Is ap'parently inoperable;
c) Is without a current. valid registration plate.
Junk shall mean old or scrap metal, rope, rags, batteries, paper, rubber, machinery, scrap wood,
debris, trash, or junked, dismantled, 6f wrecked or inoperable automobiles motor vehicles or
parts thereof.
Federal Way City Code
Chapter 22 ZONING
Article XIII. Supplementary District Regulations
Section 22-952. Junk and junkyards prohibited.
It is a violation of this chapter to accumulate junk, or for a property owner or the person
in control of property to allow junk. junked or inoperable vehicles to accumulate, on the subject
property. In addition, a junkyard is not permitted in the city.
CITY OF FEDERAL WAY
STAFF REPORT TO THE PLANNING COMMISSION
Junk Vehicle Code Amendment
Date of Report: January 3, 1996
Applicant:
City of Federal Way
Project:
Amend Article 1., Definitionsjunk, and §22-952-Junk andjunkyards prohibited,
of the Federal Way City Code (FWCC), relative to definitions and performance
standards. This staff report considers an action to amend the existing definition
of junk, in Article I of the Federal Way City Code, to include inoperable vehicle
and add two new definitions for jllnkf'1I vehicle and inoperable vehicle,
Staff:
Martin Nordby, Code Compliance Officer
SEPA:
Exempt
Since incorporation, typically more than
20 percent of complaints received by
Code Compliance each year involve
junked or inoperable vehicles, or home
auto repair businesses. This comprises
the single largest category of complaints
received. In 1993, more than 22 percent
of the total of all complaints involved
junk vehicles. During 1994, the number
of junk vehicle related complaints was
17 percent of total complaints received.
For 1995, the total has again reached
over 20 percent. Other complaint
categories include standard zoning
violations such as setback intrusions,
home occupations, animals, sensitive
areas violations, and unauthorized land
surface modifications. Also included in
the complaint count are housing code violations, building code violations, and general nuisance
complaints.
1.0 BACKGROUND
93-95 Junk Vehic1e Complaint Activity
Percentage of
Total Complaints
,~ Juol<V6Nc1o20A% 170 I
i . \
, .
! \
/
I O_7U~ loll
Staff Report to the Planning Commission
Junk Vehicle Code Amendment
Page 2
1993 Junk Vehic1e Complaint Activity
Percentage of
Total Complaints
~ I Juri< VehidII22.3% 85 I
r' ....."'/
! ' \
/. '\
I Other 77.7% 297 :
1995 Junk Vehic1e Complaint Activity
Percentage of
Total Complaints
~, 1 JunkVehicle20.7%51
"
I CXher 79.3% 1951
1994 Junk Vehicle Complaint Activity
Percentage of
Total Complaints
..'~.. Junk Vehicle 17.1%43
'\
I CXher82.9% 208 ('
Staff Report to the Planning Commission
Junk Vehicle Code Amendment
Page 3
Zoning code section 22-952 Junk and junkyards prohibited states:
"It is a violation of this chapter to accumulate junk, or for a property owner or the person in
control of property to allow junk to accumulate, on the subject property. In addition, a
junkyard is not permitted in the city."
Junk is defined in FWCC 22-1 as:
"Junk shall mean old or scrap metal, rope, rags, batteries, paper, rubber, machinery, scrap
wood, debris, trash, or junked, dismantled or wrecked automobiles or parts thereof."
The definition of junkyard, FWCC 22-1, states:
"Junkyard shall mean a property or place of business which is maintained, operated or used
for storing, keeping, buying, selling or salvaging junk. "
In neither the definition of junk or junkyard is a "junked" or "junk" vehicle defined. In the absence
of a definition in the FWCC, the definition of junk vehicle provided in the Revised Code of
Washington (RCW) is referenced. RCW 46.55.010 uses four criteria to define ajunk vehicle.
"Junk vehicle" means a vehicle certified under RCW 46.55.230 as meeting at least three of the
following requirements:
a)
Is three years old or older;
b)
Is extensively damaged, such damage including but not limited to any of the
following: A broken window or windshield or missing wheels, tires, motor, or
transmission;
c)
Is apparently inoperable;
d)
Has an approximate fair market value equal only to the approximate value of the
scrap in it.
This definition is an amendment of the previous criteria and passed the legislature in late 1994.
A provision the vehicle be without a current, valid registration plate was removed as was the
requirement the vehicle meet all five of the previous criteria. This is the definition used when a
jurisdiction or private property owner is attempting to abate a junk vehicle through removal and
impound. Unless the vehicle has been abandoned on public property (e.g. park property or the
Staff Report to the Planning Commission
Junk Vehicle Code Amendment
Page 4
right-of-way) the city does not currently remove or impound vehicles from private property. RCW
46.55.230 outlines the procedure a property owner or jurisdiction must use to impound and
dispose of an abandoned or junk vehicle when the property or vehicle owner will not do so.
Complaints regarding storage of junk vehicles on private property are handled using the city's
zoning regulations prohibiting the accumulation of junk and the operation of junkyards within the
city limits. Section 22-952 of the FWCC prohibits the accumulation of junk, as defined in FWCC
22-1, on any property in the city and prohibits the use of any property as a junkyard.
2.0 ISSUES/PROBLEMS
A significant number of code violations and complaints investigated by code compliance staff
involve "junk. II These typically include junked and/or inoperable vehicles and comprise
approximately 20 percent of all complaints received. This type of complaint may also be attached
to an auto repair home occupation. However, a specific definition of a junk vf'.hicle is not included
in the FWCC. Lacking a defmition in the city code, the state (RCW 46.55) definition of a junk
vehicle is referenced. This definition is intended, as previously noted, for use in the removal
and/or impounding of junk vehicle hulks and not as a definition for the purposes of neighborhood
zoning or property maintenance regulation. The lack of a definitive description of a junk or
inoperable vehicle in the FWCC inhibits abatement efforts.
3.0 ANALYSIS
3.1 Case Load and Application
Of 85 cases received in 1993, where the nature of the complaint included the words "junk" or
"auto," 53 refer directly to a junk vehicle, car, or truck. The remainder involve other junk vehicle
related issues such as auto parts or debris such as batteries, tires, engine, or home auto repair
businesses. A survey of 1994 cases indicated 43 of 250 cases received specifically identified a junk
vehicle as the primary complaint. For the year just ended, 51 of 246 cases involved junk vehicles.
This totals 179 junk vehicle related complaints since 1993.
Lack of a definition consistent with the intent of the city code makes abatement of this type of
violation difficult. In many cases there are vehicles that do not meet the full definition of a "j unk
vehicle," as defined in RCW 46.55.010, yet are inoperable and would require repair to be legally
operated on the public streets. Without a specific standard for either condition or operability,
abatement is hindered. The lack of a definition for junk vehicle in the FWCC impedes abatement
of vehicles not meeting the criteria in RCW 46.55.010 but otherwise inoperable or in such
condition a complaint or concern from neighboring property owners was generated.
Staff Report to the Planning Commission
Junk Vehicle Code Amendment
Page 5
Typical of these is a 1994 case illustrating the problems associated with the current defmition. The
property in question contained more than six vehicles, only one of which could be considered
"dismantled or wrecked" as defined in FWCC 22-1 and meeting the definition of a "junk" vehicle
established in RCW 46.55.010. The remaining vehicles were not outwardly damaged, Le., they
did not show evidence of broken windows, missing or damaged body panels, or missing drivetrain
components. Many were, however, unlicensed, covered with mold/moss, and were likely
inoperable. Some of the vehicles may have had value beyond their value as scrap. According to
the Washington State Patrol, these vehicles may not be classified as "junk" as defined in RCW
46.55.010 because their value exceeds the current price for scrap metal. All these vehicles were
visible from the street and/or neighboring properties.
In this case, the owner eventually complied because further investigation revealed a large volume
of other junk, debris, and dismantled vehicles sufficient to cite the property owner. In several
other cases, complete resolution has not been possible because a complete but inoperable vehicle
is the only potential violation.
3.2 Examples from Other Cities.
Kirkland, Toppenish, WIlkenson, Stanwood, Mountlake Terrace, Bellevue, Castle Rock, Airway
Heights, College Place
These cities were either directly contacted or examples of their codes and definitions obtained with
the assistance of the Municipal Research and Services Center. Some cities use or reference the
state vehicle abatement code and procedures, others established their own definitions as part of
general nuisance ordinances and do not reference state law. The following is a brief look at four
of the junk vehicle codes reviewed. Any ordinance procedures involving the impound of a vehicle
must comply with state law.
Belle vue
Bellevue uses their definition of an inoperable motor vehicle as the primary method of abating
junk vehicles. This definition was only recently added to the Bellevue Land Use Code. An
inoperable vehicle is considered one that, "...requires repairs in order to be legally operated on the
public roads." They must be screened from neighboring properties by a legally permitted solid
structure, fence, or landscaping. "Disassembled" vehicles are also classified as a public nuisance.
Comments from the Bellevue code enforcement officer interviewed indicate they have been more
successful abating junk vehicles using the inoperable vehicle definition rather than either the state
junk vehicle definition or their public nuisance definition.
Staff Report to the Planning Commission
Junk Vehicle Code Amendment
Page 6
Everett
The Everett Municipal Code declares all junk vehicles "substantially meeting" the definition of an
"abandoned junk motor vehicle" a public nuisance. Their definition is the same as RCW
46.55.010, except for the inclusion of vehicles defined as abandoned and use of the words
"substantially meeting," verses the state's previous requirement the vehicle meet all the
requirements outlined in the RCW. It also establishes specific procedures for removal of the
vehicle consistent with the requirements of state law.
Kirkland
The City of Kirkland code has defined "automobile hulk," "hulk," or "junk vehicle," to mean a,
"...motor vehicle or remnant or remains thereof which is apparently inoperable and is extensively
damaged or missing vital parts or mechanisms."
Toppenish
The Toppenish Municipal Code declares junk vehicles a "public nuisance" and defines them as
any, "...vehicle which is not movable under its own power, which has been in a stationary position
for more than fourteen days, and which is not currently licensed."
4.0 CONCLUSIONS
The city's current definition of junk does not adequately address the volume of junk vehicle and
auto repair home occupation complaints, nor is ajunk vehicle specifically defined in the city code.
The state definition of a junk vehicle, though revised, remains insufficient for effective local
nuisance abatement.
Complaints about residential auto repair businesses and junk vehicle storage will continue to be
a significant code compliance issue. Effectively dealing with this type of complaint requires
clearly defmed standards. This means defining not only the activity, as is done in FWCC 22-952,
but also what is meant by that activity.
Defining the activity and the standard by which that activity can be evaluated will improve the
city's ability to resolve junk vehicle complaints and violations. It. will also provide the
property/vehicle owner with a clear standard of performance. The amendments recommended are
small but significant, providing for a missing element in the existing code. This leaves less open
to interpretation and provides staff and the public a clear standard.
5.0 ALTERNATIVES
The Planning Commission has several alternatives related to this code revision. These alternatives
include:
""""".',"','",C,:';,,';,,', .;
Staff Report to the Planning Commission
Junk Vehicle Code Amendment
Page 7
1)
Retain current definition unchanged. This maintains the current status of
enforcement policy. Problems of defining what is a violation will continue adding
to the backlog of unresolved cases and perpetuating the problems of working
without a clear definition or performance standard.
2)
Accept stajfrecommendation. This alternative offers a simple and clear definition
of what is meant by a junk vehicle and provides a performance standard by which
complaints of this nature can be evaluated.
3)
Modify recommendation. The code revision recommendation could be modified.
The impact on enforcement would be dependent on those modifications.
6.0 STAFF RECOMMENDATION
Staff recommends new definitions for junk or junked vehicle and inoperable motor vehicle be
added to section 22-1 and that the existing definition of junk be amended as follows:
Federal Way City Code
Chapter 22 ZONING
Article I. In General.
Section 22~1. Definitions.
lnnpp.rnhle mntnr vP.hir1e shaH he any vehide that ha~ hppn in a ~tationary position for more than
follrtæn (14) days, i~ apparently inopernhle, or rp.qllires repairs in order to he operntprI lp£a1ly on
the pllhlic; roads, sllc;h a~ repair or rpplac;ement of a winefow winefshield whpP.l tire motor or
, 'I' ,
transmi~~ion, or is IInahle to move a efistanrp. of 10 ff"P.t IInefer it's own power
Junk nr þmkp.d. vehir1e sha1l mf'..an any vehicle ~lIh~tantia11y mf"P.tine at le;¡st two of the f01l0wine
c;onefitions;
a) I!o': exten!o':ively efamaeffi, snc;h damafe incllldinf hilt not limitf'rI to any of the followinf. A
hroken window or windshielef or missinf whf"pl~, tire~, eneine, or tra~smission;
h) Is apparently inoperahl~;
c) Is withollt a cllrrent, valief refistrntion plate
Junk shall mean old or scrap metal, rope, rags, batteries, paper, rubber, machinery, scrap wood,
debris, trash, or junked, dismantled, or wrecked, or inoperahle automobiles motor vehicles or
parts thereof.
Staff Report to the Planning Commission
Junk Vehicle Code Amendment
Page 8
8.0 FINDINGS
In support of staff s recommended code changes the following findings are made:
1)
Lack of a complete definition in the code for an "inoperable," "junk," or "junked
vehicle" limits the city's ability to abate complaints about junked or inoperable
motor vehicles and home occupation auto repair.
2)
Junk vehicle and home auto repair complaints continue to comprise a significant
percentage of complaints investigated by the city's code compliance officers.
3)
Effective methods of dealing with the legitimate abatement of junk vehicles is
essential to effective zoning enforcement contributing to a safer and more livable
community.
JUNK.AMD
D~::AFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING THE
FEDERAL WAY ZONING CODE CHAPTER 22 BY ADDING
DEFINITIONS TO SECTION 22-1 RELATING TO
"INOPERABLE MOTOR VEHICLE", "JUNK OR JUNKED
VEHICLE" , AMENDING THE DEFINITION OF "JUNK"
AND AMENDING FWCC 22-952 REGARDING
PROHIBITIONS AGAINST JUNK AND JUNKYARDS
WHEREAS, it is necessary for the public health, safety
and
general
welfare
that
regulations
of
inoperable
and
junk
vehicles be in place; and
WHEREAS, lack of a proper definition in the Federal Way
City Code ("FWCC") for an "inoperable motor vehicle" or "junk or
junked motor vehicle" limits the City's ability to abate inoperable
or junk vehicles or home occupation auto repair; and
WHEREAS,
amendments to the FWCC text are authorized
pursuant to FWCC Sections 22-216 and 22-217 pursuant to Process IV
review; and
WHEREAS, the Federal Way City Council has considered a
proposed change to the FWCC relating to junk vehicles ("Proposal");
and
WHEREAS, the Federal Way City council, pursuant to FWCC
22-517, having determined the Proposal to be worthy of legislative
consideration, referred the Proposal to the Federal Way Planning
commission for its review and recommendation; and
WHEREAS,
the Federal Way Planning Commission,
having
considered the Proposal at a public hearing on March 20,
1996
ORD #
, PAGE 1
pursuant to FWCC section 22-523, and all public notices having been
duly given pursuant to FWCC Section 22-521; and
WHEREAS,
following the public hearing,
the
Planning
Commission submitted to the Land Use and Transportation Committee
of the City Council its recommendation in favor of proposed zoning
text
amendments
to Article
I,
Section
22-1,
Definitions;
and
Article XIII, Supplementary District Regulations; and
WHEREAS,
the
LUTC
Committee
of
the
city
Council
considered the recommendation of the Planning Commission and has
moved to forward the Planning Commission recommendation to the full
City Council, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
section 1. Findinqs.
After full and careful consideration,
the City Council of the City of Federal Way makes the following
findings with respect to the Proposal and the proposed amendments
to the Federal Way City Code ("FWCC");
1.
Lack
of
a
complete
definition
in
the
FWCC
for
an
"inoperable motor vehicle",
"junk or junked vehicle" or "junk"
limits the city's ability to abate complaints about junked or
inoperable motor vehicles and home occupation auto repair.
2 .
Junk vehicles and home auto repair complaints continue to
comprise a significant percentage of the complaints investigated by
the City's code compliance officers.
ORD #
, PAGE 2
3.
Effective methods of dealing with the legitimate abatement
of
junk vehicles
is essential to effective
zoning enforcement
contributing to a safer and more livable community.
section 2.
Conclusions.
Pursuant to FWCC section 22-217 and
based upon 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 Proposal:
1.
The Proposal is consistent with the Comprehensive Plan
because it is supported by the goals and policies:
LUP14
Maintain and protect the character of existing and
future
single
family
neighborhoods
through
the
strict
enforcement
of
the
City's
land
use
regulations.
HP5
Maintain
a
strong
code
enforcement
program
to
protect residential areas
from illegal
land use
activities.
2.
The Proposal bears a substantial relationship to the
public
health,
safety
and
welfare
because
it
addresses
concerns
for
the
public
health,
safety,
and
welfare
by
establishing coherent regulations that are consistent with
state law and reflect a reasoned balance between the rights of
individuals and the community interest.
3.
The Proposal is in the best interests of .the residents of
the City because it responds to community concerns about junk
and junk vehicles.
By establishing comprehensive and concise
regulations by which to regulate junk vehicles, it provides
ORD #
, PAGE 3
city staff with sufficient criteria by which to abate junk and
junk vehicles.
section 3.
Amendments.
A.
Definitions.
FWCC section 22-1,
Definitions,
of the
Federal
Way
City
Code
("FWCC" )
shall
be
amended
to
add
new
subsection definitions
for inoperable motor vehicles,
junk or
junked vehicle, and to modify the definition of junk as follows:
Sec. 22-1. Definitions.
The following words, terms and phrases, when used in this
chapter, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
Abandoned shall mean knowing relinquishment of right or claim
to the subject property or structure on that property.
Accessory shall mean a use, activity, structure or part of a
structure which is subordinate and incidental to the main activity
or structure on the subject property.
Accessory dwelling unit (ADU) shall mean either a freestanding
detached structure or an attached part of a structure which is
subordinate and incidental to the main or primary dwelling unit
located on the subject property, providing complete, independent
living facilities exclusively for one single hoúsekeeping unit,
including permanent provisions for living, sleeping, cooking and
sanitation.
ORD #
, PAGE 4
ADU, attached, shall mean an accessory dwelling unit that has
one or more vertical and/or horizontal walls,
in common with or
attached to, the primary dwelling unit.
ADU, detached, shall mean a freestanding accessory dwelling
unit that is not attached or physically connected to the primary
dwelling unit.
Accessory hardship dwelling unit shall mean an attached ADU
which satisfies the criteria set forth in section 22-633 of this
code.
secondary living quarters attached or within an existing
residence or place on the same lot as an existing dwelling unit.
Accessory dwelling units have kitchen and/or cooking facilities and
are usually intended to be used as separate dwelling units.
Accessory living facility shall mean an area or structure on
the subject property, which is accessory to a permitted use on a
commercial the subject property, providing provisions for living,
cooking, sleeping and sanitation other residential facilities for
an employee on the subject property and that employee's family.
Adjoining shall mean property that touches or is directly
across a street from the subj ect property.
For the purpose of
height regulations, any portion of a structure which is more than
100 feet from a low density zone is not considered to be adjoining
that zone.
Adult entertainment activity or use shall mean all of the
following:
(1)
Adult theater shall mean a building or enclosure or any
portion
thereof
used
for
presenting
material
ORD #
, PAGE 5
ORD #
(2)
distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual
acti vi ties or specif ied anatomical areas
(def ined as
follows)
for observation by patrons therein and which
excludes minors by virtue of age.
a.
Specified anatomical areas shall mean both of the
following:
1. When less than completely and opaquely
covered:
i. Human genitals or pubic region.
ii. Human buttock.
iii. Human female breast below a point
immediately above the top of the areola.
2.
Human male genitals in a discernibly turgid
state,
if
opaquely
completely
and
even
covered.
b.
Specified sexual activities shall mean all of the
following:
1.
genitals
a
in
Human
state
of
sexual
stimulation or arousal.
2.
Acts of human masturbation, sexual intercourse
or sodomy.
3.
Fondling or other erotic touching of human
genitals, pubic region, buttock or breast.
Adul t bookstore shall mean an establishment which in
whole
in
or
portion
thereof
has
substantial
or
a
, PAGE 6
significant
portion
of
its
stock
and
trade
books,
magazines or other periodicals, which are distinguished
or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities"
or "specified anatomical areas" and which excludes minors
by virtue of age.
(3)
Adult cabaret shall mean a cabaret, nightclub or other
establishment
which
features
go-go
dancers,
exotic
dancers, strippers, male or female impersonators, similar
entertainers or attendants, who are so clothed or dressed
as to emphasize "specified anatomical areas" and/or whose
performances
or
other
activities
include
or
mimic
"specified sexual activities" and which establishment
excludes minors by virtue of age.
Activities
and
uses
defined
as
adult
entertainment
activity or use are only permitted in the zone where that
term is specifically listed as an allowable use and only
in conformance to the requirements as stated for that
use.
Agricultural
use
shall
mean
any
agricultural,
stable
or
livestock use listed as an allowable use in the suburban estate
zones.
Air rights shall mean the right to, in some manner, control
the use of the space above the surface of the ground.
Alluvium
sha 11 mean
soil
deposits
transported
by
surface
waters.
ORD #
, PAGE 7
Applicant shall mean both of the following, depending on the
content:
(1)
A person who applies for any permit or approval to do
anything governed by this chapter, which person must be
the owner of the subject property, the authorized agent
of the owner, or the city.
(2)
Any person who is engaging in an activity governed by
this chapter or who is the owner of property subject to
this chapter.
Average building elevation shall mean a reference datum on the
surface topography of a subject property from which building height
is measured. The reference datum shall be a point no higher than
five feet above the lowest elevation taken at any exterior wall of
the structure either prior to any development activity or at
finished grade, whichever is lower, provided the reference datum is
equal to or lower than the highest elevation at any exterior wall
of the structure prior to development activity.
Average slope shall mean the average grade of land within each
land area representing a distinct topographical change.
Backfill shall mean material placed into an excavated area,
pit, trench or behind a constructed retaining wall or foundation.
Building shall mean a roofed structure used for or intended
for human occupancy.
Building mounted signs shall mean all of the following: wall
mounted signs, marquee signs, under marquee signs and projecting
signs.
ORD #
, PAGE 8
Bulkhead shall mean a wall or embankment used for retaining
earth.
Cemetery shall mean land used or intended to be used for the
burial of the dead and dedicated for cemetery purposes, including
columbariums, crematories, mausoleums and mortuaries, and related
uses, when operated in conjunction with and within boundaries of
such cemetery.
Center identification sign shall mean a building mounted sign
or ground mounted sign which identifies the name of a development
containing
more
than
one
office,
retail,
institutional
or
industrial use or tenant and which does not identify any individual
use or tenant.
Change of use shall mean a change of use determined to have
occurred when
it
is
found that the general
character
of
the
operation has
been modified.
This
determination
shall
include
review of, but not be limited to:
(1) Hours of operation;
(2) Required parking;
(3) Traffic generation; and
(4) General appearance.
Changing message center shall mean a sign, message center or
similar device whereby alternating public service information and
commercial messages are displayed on the same lamp bank.
Church, synagogue or other place of religious worship shall
mean an establishment, the principal purpose of which is religious
worship and for which the principal building or other structure
ORD #
, PAGE 9
contains the sanctuary or principal place of worship, and which
establishment may include related accessory uses.
Class I home occupation shall mean those home businesses that
qualify as home occupations under this zoning chapter,
except
family child care homes.
Class II home occupation shall mean those family child care
homes that qualify under section 22-1069.
Commercial recreation facility shall mean an indoor facility
and use operated for profit, with private facilities, equipment or
services for recreational purposes including swimming pools, tennis
courts, playgrounds and other similar uses. The use of such an area
may be limited to private membership or may be open to the public
upon the payment of a fee.
Commercial use shall mean the uses allowed in the commercial
zones and not permitted in any other zones of the city.
Commercial
zones
shall
mean
the
BN,
BC
and
CC
zoning
districts.
Common recreational open space usable for many acti vi ties
shall mean any area available to all of the residents of the
subject property that is appropriate for a variety of active and
passive recreational activities (including activities suitable for
all age groups) and is not:
(1)
(2)
Covered by buildings or parking or driving areas.
Covered by any vegetation that impedes access.
(3)
On a slope that is too steep for recreational activities.
ORD #
, PAGE 10
communi ty recreation area or clubhouse shall mean an area
devoted to facilities and equipment for recreational purposes, such
as swimming pools, tennis courts, playgrounds, community clubhouses
and other similar uses which area is maintained and operated by a
nonprofit club or organization whose membership is limited to the
residents within a specified development or geographic area.
comprehensive plan shall mean the ordinances of the city, as
adopted and amended from time to time, under RCW 35A. 63.060 through
35A.65.080 and the shoreline master program.
Construction sign
sha 11 mean a
sign which
identifies the
architects, engineers, contractors and any other persons involved
with the construction of a building or use.
Contour line shall mean the interconnection of points having
the same height above sea level.
Convalescent
center
shall
mean
an
inpatient
facility,
excluding facilities defined as hospitals,
for patients who are
recovering from an illness or who are receiving care for chronic
conditions;
mental,
physical,
emotional
or
developmental
disabilities;
terminal
illness;
or
alcohol
or drug trea tment .
outpatient care is limited to prior in-patients only.
Cross section (drawing) shall mean a visual representation of
a vertical cut through a structure or any other three-dimensional
form.
Curb cut
shall mean the connection of a driveway with a
street, which may entail a structural alteration to the curb by
lowering the height of part of the curb.
ORD #
, PAGE 11
Day care facility shall mean the temporary,
nonresidential
care of persons in a residence or other structure on a regular,
recurring basis.
Dedication shall mean the deliberate appropriation of land by
its owner for public use or purpose, reserving no other rights than
those that are compatible with the full exercise and enjoyment of
the public uses or purpose to which the property has been devoted.
Development
activity
shall
mean
any
work,
condition
or
activity which requires a permit or approval under this chapter or
the city's building code.
Development permit shall mean any permit or approval under
this chapter or the city's building code that must be obtained
before initiating a use or development activity.
Domestic animal shall mean an animal which can be and is
customarily kept or raised in a home or on a farm.
Domestic Violence Shelters shall mean housing for adult women
or men and their dependent children,
if any, who are victims of
domestic violence perpetrated by the spouse, domestic partner or
significant other of the adult victim.
Dredging shall mean removal of earth and other materials from
the bottom of a body of water or watercourse or from a wetland.
Dredging spoils
shall mean the earth and' other materials
removed from the bottom of a body of water or watercourse or from
a wetland by dredging.
ORD #
, PAGE 12
Driveway shall mean an area of the subject property designed
to provide vehicular access to a parking area or structure located
on the subject property.
Dry land shall mean the area of the subject property landward
of the high-water line.
Dwelling uni~ shall mean one or more rooms in a structure or
structures, excluding mobile homes, providing complete, independent
living facilities exclusively for one family, including permanent
provisions for living, sleeping, cooking and sanitation. A factory-
built home or manufactured home is considered a dwelling unit under
this chapter only if it meets the standards and criteria of a
designated manufactured home established in RCW 35A.63.145. There
are the following three types of dwelling units:
(1)
Dwelling uni~, a~~ached, shall mean a dwelling unit that
has one or more vertical walls in common with or attached
to one or more other dwelling units or other uses and
does not have other dwelling units or other uses above or
below it.
(2)
Dwelling uni~, de~ached, shall mean a dwelling unit that
is not attached or physically connected to any other
dwelling unit or other use.
(3)
Dwelling unit, stacked, shall mean a dwelling unit that
has
one
or more horizontal walls
in. common with
or
attached to one or more other dwelling units or other
uses and may have one or more vertical walls in common
ORD #
, PAGE 13
with or adjacent to one or more other dwelling units or
other uses.
Easement shall mean land which has specific air, surface or
subsurface rights conveyed for use by someone other than the owner
of the subject property or to benefit some property other than the
subject property.
Electrical sign shall mean a sign or sign structure in which
electrical wiring, connections and/or fixtures are used as part of
the sign proper.
Erosion and deposi tion shall mean the removal of soils and the
placement of these removed soils elsewhere by the natural forces of
wind or water.
Excavate or excavation shall mean the mechanical removal of
soils and/or underlying strata.
Family shall mean an individual or two or more individuals
related by not more than four degrees of affinity or consanguinity
and including persons under legal guardianship, or a group of not
more than five persons who are not related by four or fewer degrees
of
affinity
or
consanguinity;
provided,
however,
that
any
limitation
on
the
number
of
residents
resulting
from
this
definition shall not be applied if it prohibits the City from
making reasonable accommodations to disabled persons in order to
afford such persons equal opportunity to use and enjoy a dwelling
as required by the Fair Housing Amendments Act of 1988, 42 D.S.C.
3604(f) (3) (b).
ORD #
, PAGE 14
Family
child
care
home
shall
mean
a
business
regularly
providing care during part of the 24-hour day to 12
or fewer
children (including the children of the day care provider) in the
family abode of the person or persons under whose direct care the
children are placed.
Fast food restaurant shall mean an establishment which offers
quick food service which is accomplished through one or more of the
following mechanisms:
Limited menu of easily produced items.
(1)
(2)
Orders are not taken at the customer's table.
(3)
Food is served in disposable wrappings or containers.
Fence shall mean a manmade barrier or wall constructed for the
purpose of enclosing space or separating parcels of land.
Fill material shall mean dirt,
structural rock or gravel,
broken concrete and similar structural substances customarily used
to raise the level of the ground,
but excluding topsoil,
bark,
ornamental rocks or gravel placed on the surface of the ground.
Finished grade
sha 11 mean the
final
contour
of
the
land
surface prior to landscaping.
Floor shall mean the horizontal surface inside a structure
designed and intended for human use and occupancy.
Fuel price sign shall mean a wall-mounted or pedestal sign
displaying the price of fuel for motorized vehicles.
Geologically hazardous areas shall mean areas which because of
their susceptibility to erosion,
land-sliding,
seismic or other
geological events are not suited to siting commercial, residential
ORD #
, PAGE 15
or industrial development consistent with public health or safety
concerns. Geologically hazardous areas include the following areas:
(1)
Erosion hazard areas are those areas having a severe to
very severe erosion hazard due to natural agents such as
wind, rain, splash, frost action or stream flow.
(2)
Landslide
hazard
areas
are
those
areas
potentially
subject to episodic downslope movement of a mass of soil
or rock including,
but not limited to,
the following
areas:
a.
Any area with a combination of:
1.
Slopes greater than 15 percent;
2.
Permeable
sediment,
predominately
sand
and
gravel,
overlying
relatively
permeable
sediment or bedrock, typically silt and clay;
and
3.
Springs or groundwater seepage.
b.
Any
area
which
has
shown
movement
during
the
holocene epoch, from 10,000 years ago to present,
or which is underlain by mass wastage debris of
that epoch.
c.
Any are a potentially unstable as a result of rapid
stream
incision,
stream
bank
erosion
or
undercutting by wave action.
d.
Any
area
located
in
a
ravine
or
on
an
active
alluvial fan, presently or potentially subject to
inundation by debris flows or flooding.
ORD #
, PAGE 16
ORD #
(4)
e.
Those
identified
united
states
by
the
areas
Department of Agriculture Soil Conservation Service
as having a severe limitation for building site
development.
f.
Those
uos
mapped
(unstable),
class
areas
as
u
(unstable old slides),
and urs
(unstable recent
slides) by the department of ecology.
g.
Slopes having gradients greater than 80 percent
subject to rockfall during seismic shaking.
(3)
seismic hazard areas are those areas subject to severe
risk of earthquake damage as a result of seismically
induced ground shaking, slope failure, settlement or soil
liquefaction, or surface faulting. These conditions occur
in areas underlain by cohesionless soils of low density
usually in association with a shallow groundwater table.
steep slope hazard areas are those areas with a slope of
40 percent or greater and with a vertical relief of ten
or more feet, a vertical rise of ten feet or more for
every
25
feet
horizontal
A
slope
is
distance.
of
delineated by establishing its toe and top, and measured
by averaging the inclination over at least ten feet of
vertical relief.
Glare shall mean both of the following:
The reflection of harsh, bright light.
, PAGE 17
(1)
(2)
The physical effect resulting from high luminances or
insufficiently shielded light sources in the field of
view.
Government facility shall mean a use consisting of services
and facilities operated by any level of government, excluding those
uses listed separately in this chapter.
Gross floor area shall mean the total square footage of all
floors, excluding parking area, in a structure as measured from
either the interior surface of each exterior wall of the structure
or, if the structure does not have walls, from each outer edge of
the roof. certain exterior areas may also constitute gross floor
area.
Ground floor shall mean the floor of a structure that is
closest in elevation to the finished grade along the facade of the
structure that is principally oriented to the street which provides
primary access to the subject property.
Ground
mounted
sign
shall
mean
both
pedestal
signs
and
monument signs.
Group Home Type II shall mean housing for juveniles under the
jurisdiction of the criminal justice system.
Such groups include
state-licensed group care homes or halfway homes for juveniles
which provide residence in lieu of sentencing or incarceration,
halfway houses providing residence to juveniles neéding correction,
or for those selected to participate in state-operated work release
and pre-release programs.
The Director of Community Development
Services
shall
have the discretion to
classify
a
group home
ORD #
, PAGE 18
proposing to serve juveniles convicted of the offenses listed under
Group Home Type III in this section as a Group Home Type III, and
any such home shall be sited according to the regulations contained
within the Type III classification.
Group Homes
Type
II-A:
Maximum
number
of
twelve
(12)
residents including resident staff.
Group Homes Type II-B:
Thirteen
(13)
or more residents
including residential staff.
Maximum number to be determined
on a case by case basis.
The limitation on the number of residents in a Group Homes Type II
shall
not
be
applied
if
it
prohibits
the
city
from
making
reasonable accommodations to disabled persons in order to afford
such persons equal opportunity to use and enjoy a dwelling as
required by the Fair Housing Amendments Act of 1988,
42 U.S.C.
3604(f) (3) (b).
Group Homes Type III shall mean housing for adults that have
been convicted of a violent crime against a person or property, or
have been convicted of a crime against a person with a sexual
motivation,
or have been convicted or charged as a sexual or
assaultive violent predator.
These individuals are under the
jurisdiction of the criminal justice system or have entered a pre-
or
post-charging
diversion
program.
Such
groups
involve
individuals selected to participate in state-operated work/training
release
and
pre-release
programs
or
similar
programs.
Such
category does not include full-time detention facilities.
ORD #
, PAGE 19
Hardship shall mean a current or impending health condition
which requires a person to live in close proximity to, and/or share
housing with a caregiver.
Hazardous
waste
shall
mean
all
dangerous
and
extremely
hazardous waste, including substances composed of radioactive and
hazardous components (see RCW ch. 70.105).
Hazardous waste storage shall mean the holding of dangerous
waste for a temporary period (see WAC 173-303-040(85».
Hazardous waste treatment shall mean the physical, chemical or
biological processing of dangerous wastes to make such wastes
nondangerous or less dangerous, safer for transport, amenable for
energy or material resource recovery,
amenable for storage or
reduced in volume (see WAC 173-303-040(97)).
Heat shall mean added energy that causes substances to rise in
temperature, fuse, evaporate, expand or undergo any other related
change.
Height of structure shall mean the vertical distance above the
average building elevation measured to the highest point of the
coping of a flat roof or to the deck line of a mansard roof, or to
the average height of the highest gable of a pitched or hipped
roof.
High density residential use shall mean attached or stacked
dwelling units on a subject property which contains at least 1,800
square feet of lot area per dwelling
Hotel
or motel
shall mean a single building or group of
buildings
containing
individual
sleeping
units
intended
for
ORD #
, PAGE 20
transient occupancy.
Improvement shall mean any structure or manmade feature.
Industrial use shall mean the uses allowed in the industrial
zones and not permitted in any other zones of the city.
Industrial
zones shall mean unit but not more than 2,399
square feet of lot area per dwelling unit.
High density residential zones shall mean the following zones:
RM 2.4, RM 1.8 and comparable zones in other jurisdictions.
Home occupation shall mean an occupation, enterprise, activity
or profession which is incidental to a residential use, which is
carried on for profit or customarily carried on for profit and
which is not an otherwise permitted use in the zone in which it
occurs.
Horizontal dimension shall mean the length of the facade of a
structure as measured along a plane, excluding eaves which extend
out
no
more
than
18
inches
from
the
exterior
walls
of
the
structure.
Hospital shall mean an institution providing primary health
services
and
medical
or
surgical
care
to
persons,
primarily
inpatients, suffering from illness, disease, injury, deformity and
other abnormal physical or mental conditions, and including, as an
integral
part
of
the
institution,
related
facilities
such
as
laboratories,
outpatient
facilities,
extended
care
facilities
and/or training facilities. the following zones: OP and MP.
Inoperable motor vehicle shall be any vehicle that has
been in a stationary position for more than fourteen (14)
ORD #
, PAGE 21
davs.
is apparentlv inoperable or requires repairs in
order to be operated leaallv on the public roads or is
unable to move a distance of ten
(10)
feet on level
pavement under its own power.
Institutional uses shall mean the following uses: schools,
churches, colleges, hospitals, parks, governmental facilities and
public utilities.
Instructional sign shall mean a sign which designates public
information such as, but not limited to, public restrooms, public
telephones, exitways and hours of operation.
Integral sign shall mean a sign displaying a building date,
monument citation, commemorative inscription or similar historic
information.
Irrevocable
license
shall
mean
a
written
irrevocable
permission given by a property owner to the city for specified
purposes.
Junk
shall
mean
old
or
scrap
metal,
rope,
rags,
batteries, paper, rubber, machinery, scrap wood, debris,
trash, or iunked, dismantled, er wrecked or inoperable
automobilca motor vehicles or parts thereof.
Junk
or
iunked
vehicle
shall
mean
any
vehicle
substantiall y meetina at
least two of the
followina
conditions:
(a) Is extensivelY damaaed. such damaae includina but not
limited to anv of the followina: A broken window or
ORD #
, PAGE 22
windshield
or
missinq
wheels,
tires,
motor,
or
transmission:
(b) Is aþparentlv inoDerable:
(c) Is without a current. valid reqistration Dlate.
Junkyard shall mean a property or place of business which is
maintained, operated or used for storing, keeping, buying, selling
or salvaging junk.
Kennel
shall
mean
an
establishment,
generally
retail
in
nature, which houses, cares for, breeds, raises or sells dogs or
cats.
Land surface modification shall mean the clearing or removal
of
trees,
shrubs,
ground
cover
and
other
vegetation
and
all
grading, excavation and filling activities.
Landscaping shall mean the planting, removal and maintenance
of vegetation along with the movement and displacement of earth,
topsoil, rock, bark and similar substances done in conjunction with
the planting, removal and maintenance of vegetation.
Landward shall mean toward dry land.
Linear frontage of subject property shall mean the frontage of
the subject property adjacent to all open, improved rights-of-way
other than Interstate 5. If the subject property is not adjacent to
an open,
improved right-of-way,
linear frontage shall mean the
frontage of the subject property on any public acéess easements or
tracts which serve the
subject property and adjacent unopened
and/or unimproved rights-of-way.
ORD #
, PAGE 23
Lot
shall mean a parcel of
land having fixed boundaries
described by reference to a recorded plat; by reference to metes
and bounds; or by reference to section, township and range.
Low density use shall mean a detached dwelling unit on a
subject property that contains at least 7,200 square feet.
Low density zone shall mean the following zones: SE, RS 35.0,
RS
15.0,
RS
9.6,
RS
7.2
and
comparable
zones
in
other
jurisdictions.
Major stream shall mean any stream, and the tributaries to any
stream, which contains or supports, or under normal circumstances
contains or supports a local or migratory fish population.
Manufactured
homes
shall
mean
a
factory-built
structure
transportable in one or more sections which is built on a permanent
chassis and designed to be a dwelling with or without a permanent
foundation when connected to required utilities. A manufactured
home shall be built to comply with the National Manufactured Home
Construction
and
Safety
Standards
Act
of
1974
(regulations
effective June 15, 1976).
Marquee sign shall mean any sign which forms part of, or is
integrated into, a marquee, canopy or awning and which does not
extend horizontally beyond the limits of such marquee, canopy or
awning.
Maximum lot coverage shall mean the maximum percentage of the
surface of the subject property that may be covered with materials
which will
not
allow
for
the percolation
of
water
into
the
underlying soils. See section 22-946 et seq. for further details.
ORD #
, PAGE 24
Mean sea level shall mean the level of puget Sound at zero
tide as established by the u.s. Army Corps of Engineers.
Medium density use shall mean detached, attached or stacked
dwelling units on a subject property which contains at least 3,600
square feet of lot area per dwelling unit but not more than 7,199
square feet of lot area per dwelling unit.
Medium density zones shall mean the following zones: RS 5.0,
RM 3.6 and comparable zones in other jurisdictions.
Minor stream shall mean any stream that does not meet the
definition of major stream.
Monument sign
shall mean a ground mounted
sign which
is
attached to the ground by means of a wide base of solid appearance
and which complies with the standards of Plate 3.
Moorage facility shall mean a pier,
dock,
buoy or
other
structure
providing
docking
or
moorage
space
for
waterborne
pleasure craft.
Multiuse complex shall mean all of the following: a group of
separate buildings operating under a common name or management; or
a single building containing multiple uses where there are specific
exterior entranceways for individual uses; or a group of uses on
separate but adjoining properties that request treatment as a
multiuse complex.
Natural features shall mean physical characteristics of the
subject property that are not manmade.
Natural materials shall mean materials chemically unaltered
from their natural state.
ORD #
, PAGE 25
Noise shall mean the intensity,
duration and character of
sound from any and all sources.
Nonconformance shall mean any use, structure, lot, condition,
activity or any other feature or element of private property or the
use or utilization of private property that does not conform to any
of the provisions of this chapter or that was not approved by the
city through the appropriate decision-making process required under
this chapter.
Nonliving ground cover shall mean gravel,
chipped bark or
similar
nonpolluting
material
through
which
water
can
freely
percolate to the soil beneath.
Normal maintenance
sha 11 mean norma 1 ma intenance
includes
interior and exterior repairs and incidental alterations. Normal
maintenance
and
repair
may
include,
but
is
not
limited
to,
painting,
roof
repair
and
replacement,
plumbing,
wiring
and
electrical
systems,
mechanical
equipment
replacement
and
weatherization. Incidental alterations may include construction of
nonbearing walls or partitions.
Nursing home. See "convalescent center."
Occupant shall mean a person that legally occupies a structure
or property.
Odor shall mean stimulus affecting the olfactory nerves.
Off-site
directional
sign
shall
mean
a
sïgn which
gives
directions to a business or to merchandise, service, real estate,
goods or entertainment which are sold, produced or furnished at a
ORD #
, PAGE 26
place within the city other than the property on which the sign is
located.
Office use shall mean a place of employment providing services
other than production, distribution,
sale or repair of goods or
commodities. The following is a nonexclusive list of office uses:
medical,
dental
or
other health care;
veterinary,
accounting,
legal,
architectural,
engineering,
consulting or other similar
professional
services;
management,
administrative,
secretarial,
marketing,
advertising,
personnel
or
other
similar
personnel
services; sales offices where no inventories or goods are available
on
the
premises;
real
estate,
insurance,
travel
agent,
loan
companies, brokerage or other similar services. The following uses
are specifically excluded from the definition of office: banks,
savings and loan companies and similar financial institutions.
Office zones shall mean the PO zone.
Official
notification
boards
of
the
city
shall
mean
the
bulletin boards in the public areas of city hall and other public
locations as designated by city council.
On-site hazardous waste treatment and storage facilities shall
mean facilities which treat and store hazardous wastes generated on
the same lot or geographically contiguous or bordering property.
Travel between two properties divided by a public right-of-way, and
owned,
operated
or
controlled
by
the
same
.
person,
shall
be
considered on-site travel if:
(1)
The travel crosses the right-of-way at a perpendicular
intersection, or
ORD #
, PAGE 27
(2)
The right-of-way is controlled by the property owner and
is inaccessible to the public (see WAC 173-303-040(39».
Open space shall mean land not covered by buildings, roadways,
parking
areas
or
other
surfaces
through which water
can
not
percolate into the underlying soils.
Ordinary high-water mark shall mean on lakes,
s~e~s a~
tidal waters, that mark that will be found by examining the bed,
banks or shore and ascertaining where the presence and action of
waters are so common and usual, and so long continued in ordinary
years, as to mark upon the soil or land a character distinct from
that of the abutting uplands; provided that any tidal area where
the ordinary high-water mark cannot be found based on the previous
text of this definition, the ordinary high-water mark shall be the
line of mean high tide.
Outdoor shall mean not contained within a building.
Outdoor storage shall mean any material or item (including
vehicles), being stored for or awaiting sale, lease, processing or
repair and not enclosed within a building.
OWner shall mean, in reference to real property, the person or
persons holding fee title to the property as well as the purchaser
or purchasers under any real estate contract involving the real
property.
Parking area shall mean any area designed 'and/or used for
parking vehicles.
ORD #
, PAGE 28
Parking space shall mean an area which is improved, maintained
and used for the sole purpose of temporarily accommodating a motor
vehicle that is not in use.
Pedestal sign shall mean a ground mounted sign which conforms
to the standards of Plate 2.
Person shall mean any individual, partnership, association,
corporation, unit of government or any other legal entity.
Political sign shall mean a sign advertising a candidate for
public office, a political party or a particular voting preference.
Portable outdoor sign shall mean an outdoor sign that is not
permanently attached into the ground or a structure.
Primary Dwelling unit shall mean the main structure located on
the subject property which is distinguishable from any accessory
dwelling unit because it is greater in total square footage.
Primary vehicular access shall mean the major street from
which the majority of vehicles enter the subject property.
Private
advertising
sign
shall
mean
a
sign
announcing
a
temporary event, use or condition of personal concern to the sign
user such as, but not limited to, "garage sale" or "lost dog."
Private club shall mean an association of persons organized
for
some
common
purpose,
but
not
including
groups
organized
primarily
to
sell
merchandise
or
render
a
service
which
is
customarily carried on as a business.
Private notice sign shall mean a sign announcing a restriction
or warning regarding the subject property, such as but not limited
to "no trespassing" or "beware of dog."
ORD #
, PAGE 29
Private traffic direction sign shall mean a sign on private
property which provides information for vehicular movement while on
that property.
Projecting sign shall mean a sign, other than a wall mounted
or marquee sign, which is attached to and projects from a structure
or building face.
Property line shall mean those lines enclosing the subject
property and those lines defining a recorded vehicular access
easement or tract. The following are categories of property lines:
(1)
The front property line is any property line that is
adjacent to a right-of-way which is more than 21 feet in
width, excluding Interstate 5. If the subject property is
adjacent to more than one right-of-way which is more than
21 feet in width, the applicant shall designate which of
the adjacent property lines is the front property line
and the remainder of such adjacent property lines will be
considered
as
either
a
rear
property
line
or
side
property line, based on the definition in this section.
If the subject property is not adjacent to a right-of-way
which is more than 21 feet in width,
then the front
property
line
is
the
property
line
adjacent
or
principally oriented to the street providing primary
vehicular access to the subject property, as determined
by
the
director
of
the
department
of
community
development.
ORD #
, PAGE 30
(2)
The rear property line is any property line that is
farthest from,
and essentially parallel to,
the front
property line.
(3)
The side property line is any property line other than a
front property line or a rear property line.
Public park shall mean a natural or landscaped area, provided
by a unit of government, to meet the active or passive recreational
needs of people.
Public utility shall mean the facilities of a private business
organization
such
as
a
public
service
corporation,
or
a
governmental agency performing some public service and subject to
special governmental regulations, the services which are paid for
directly by the recipients thereof. Such services shall include but
are
not
limited
to:
water
supply,
electric power,
telephone,
cablevision,
natural
gas
and
transportation
for
persons
and
freight.
The term also includes broadcast towers,
antennas and
related facilities operated on a commercial basis.
Public
works
director
shall
mean
the
director
of
the
department of public works of the city.
Real estate, off-site sign,
shall mean a readily removable
sign announcing the proposed sale or rental of property other than
the
property
upon
which
the
sign
is
located
and
providing
directions to the subject property.
Real estate, on-site sign, shall mean a sign announcing the
sale or rental of the property upon which the sign is located.
ORD #
, PAGE 31
Regulated lakes shall mean the following wetlands as shown in
the King County Wetlands Inventory Notebooks, Volume 3 South:
(1)
(2)
Lower puget Sound 6, 7, 12, 15, 16 and 17.
Hylebos 2, 11, 13 and 16.
Regulated wetlands shall mean those areas that are inundated
or saturated by surface or groundwater at a frequency and duration
suff icient to support,
and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas, with the exception of the
following areas shown in the King County Wetlands Inventory
Notebook, Volume 3 South:
(1) Lower puget Sound Beach;
(2) Lower puget Sound 1 and 51; and
(3) Areas defined as a regulated lake.
Methodology in the January 1989 Federal Manual for Identifying and
Delineating Jurisdictional Wetlands and subsequent united States
Army Corps of Engineers regulatory guidance letters will be used
for regulatory delineations of wetlands within the city.
Although a site specific wetland may not meet the criteria
described above, it will be considered a regulated wetland if it is
functionally related to another wetland that meets the criteria.
Relative shall mean persons connected through blood, marriage
or other legal relationships by not more than four degrees or
affinity
or
consanguinity
and
including
persons
under
legal
guardianship.
ORD #
, PAGE 32
Required yards shall mean the areas adjacent to and interior
from the property lines and high- water mark of a lot. If two or
more required yards are coincidental, the area will be considered
the required yard with the greater dimension. Required yards are
categorized as follows:
(1)
Front. That portion of a lot adjacent to and parallel
with the front property lines and at a distance therefrom
equal to the required front yard depth.
(2)
Rear. That portion of a lot adjacent to and parallel with
the rear property line and at a distance therefrom equal
to the required rear yard depth.
(3)
High-water line yard. That portion of a lot adjacent to
and parallel with the high-water mark and at a distance
landward therefrom established in this chapter.
(4)
side. That portion of a lot adjacent to and parallel with
each side property line and at a distance therefrom equal
to the required side yard depth. All required yards not
otherwise categorized shall be designated side yards.
Residential use shall mean developments and occupancy in which
persons sleep and prepare food, other than developments used for
transient occupancy.
Residential zone shall mean the following zones: SE, RS 35.0,
RS 15. 0,
RS 9 . 6 ,
RS 7. 2 ,
RS 5 . 0,
RM 3.6,
RM 2.4,
RM 1.8
and
comparable zones in other jurisdictions.
ORD #
, PAGE 33
Restaurant or tavern shall mean commercial use (excluding fast
food restaurants)
which sells prepared
food or beverages
and
generally for consumption on the premises.
Retail establishment shall mean a commercial enterprise which
provides goods and/or services
directly to the consumer,
where such goods are available for
immediate purchase and removal from the premises by the purchaser.
Right-of-way shall mean land dedicated or conveyed to the
public or a unit of government, the primary purpose of which is the
movement of vehicles and/or pedestrians and providing for access to
adjacent parcels, with the secondary purpose of providing space for
utility lines and appurtenances and other devices and facilities
benefiting the public.
Right-of-way realignment
shall
mean
the
changing
of
the
horizontal position of the improvements in a right-of-way.
Roofline shall mean the line formed by the outside of the
gable of the roof, or if the roof is flat or mansard, the top of
the roof or mansard.
Runoff shall mean the overland or subsurface flow of water.
Schools shall mean institutions of learning, excluding those
offering post secondary education,
offering instruction in the
several branches of
learning and study required by the Basic
Education Code of the state of Washington to be taught in public,
private and parochial schools.
Shared access points shall mean a common point of vehicle
access from a street to more than one lot or use.
ORD #
, PAGE 34
Sign shall mean any communication device, structure or fixture
using
graphics,
letters,
figures,
symbols,
trademarks
and/or
written copy,
which
is
intended to do
ei ther or
both of the
following:
(1)
(2)
To identify a building, use, business or event.
To
promote
the
sale
or
recognition
of
a
product,
business, use, service or goods.
Painted wall designs or patterns which do not represent a product,
service or registered trademark,
and which do not identify the
user, are not considered signs. If a painted wall design or pattern
is combined with a sign, only that part of the design or pattern
which cannot be distinguished from the sign will be considered as
part of the sign.
Sign area shall mean the entire area of a sign on which
graphics, letters, figures, symbols, trademarks and/or written copy
is
to
be
placed,
excluding
sign
structure,
architectural
embellishments and framework. Sign area is calculated by measuring
the perimeter enclosing the extreme limits of the module or sign
field
containing
the
graphics,
letters,
figures,
symbols,
trademarks and/or written copy; provided, however, that individual
letters, numbers or symbols using a canopy, awning or wall as the
background,
without added decoration or change
in the canopy,
awning or wall color, have sign area calculated by measuring the
perimeter enclosing each letter, number or symbol and totalling the
square footage of these.
ORD #
, PAGE 35
Sign field shall mean the background upon which the graphics,
letters, figures, symbols, trademark or written copy of a sign are
placed.
Significant natural vegetation shall mean any area containing
a concentration of significant trees;
any area of significant
biological
importance;
and any area containing dense,
mature,
native vegetation.
Significant trees: A significant tree shall be defined as:
( 1)
Twelve inches in diameter or 37 inches in circumference
measured four and one-half feet above ground; and
(2)
(3)
In good health; and
Not detrimental to the community (e.g. is not diseased,
dying, or likely of falling into public open space or
right-of-way,
etc.)
or obscuring safe sight distance
requirements.
significant trees shall not include red
alder, cottonwood, poplar or big leaf maple.
[add diagram from pg 1628.3 here]
Silt or sediment shall mean the soil particles mobilized and
deposited by the processes of erosion and deposition.
Single Housekeeping unit shall mean an individual or two or
more individuals related by not more than four degrees of affinity
or consanguinity and including persons under legal guardianship, or
a group of not more than three persons who are not related by four
or fewer degrees of affinity or consanguinity; provided, however,
that any limitation on the number of residents resulting from this
definition shall not be applied if it prohibits the city from
ORD #
, PAGE 36
making reasonable accommodations to disabled persons in order to
afford such persons equal opportunity to use and enjoy a dwelling
as required by the Fair Housing Amendments Act of 1988, 42 U.S.C.
3604 (f) (3) (b) .
single-use building shall mean a building which contains one
use.
Small
animals
shall mean dogs,
cats,
birds,
small
exotic
animals (snakes, gerbils, mice, guinea pigs, etc.), foxes, bobcats
and similar small wild animals.
social
service Transitional Housing shall mean facilities
other than offices and group homes as defined in this chapter,
operated by a nonprofit social service agency, licensed as required
by the state,
providing temporary and transitional housing to
individuals on an as-needed basis including, but not limited to,
emergency
shelters,
homeless
shelters,
and
other
such
crisis
intervention facilities.
This classification includes domestic
violence shelters as defined herein,
except that such shelters
wherein the total number of residents does not exceed the maximum
number
allowed
under
the
family definition,
may
be
permitted
outright in all residential zones.
Type A:
Maximum number of residents to be consistent
with the maximum number of unrelated adults allowed under
the zoning definition of family.
Type B :
All social service transitional housing not
meeting the def ini tion of
"Type A",
above.
Maximum
number to be determined on a case by case basis.
ORD #
, PAGE 37
The
limitation
on
the
number
of
residents
in
Social
Service
Transitional Housing shall not be applied if it prohibits the City
from making reasonable accommodations to disabled persons in order
to afford such persons equal opportuni ty to use and enj oy a
dwelling as required by the Fair Housing Amendments Act of 1988,42
U.S.C.3604(f)(3)(b).
Special Needs Housing shall mean housing not specif ically
defined by this chapter, and which will be processed under the
classification
most
closely
related
to
the
proposed
use,
as
determined by the Director of Community Development Services.
state environmental policy act shall mean RCW ch. 41.23C.
Storm drainage shall mean the movement of water,
due to
precipitation, either surficially or subsurficially.
story shall mean the area or a structure between the floor and
the horizontal supporting members of the ceiling directly above
that floor. If a floor is, on average, at least three feet below
finished
grade,
the
area
between that
floor
and the
ceiling
directly above is not a story.
stream
sha 11 mean
a
course
or route,
formed
by
nature,
including those modified by man,
and generally consisting of a
channel with a bed, banks or sides throughout substantially all its
length, along which surface waters naturally and normally flow in
draining from higher to lower elevations.
Street shall mean both of the following:
(1)
(2)
A public right-of-way.
A vehicular access easement or tract.
ORD #
, PAGE 38
street providing direct vehicle access shall mean the street
from which
a
vehicle
can
enter
the
subject
property
without
traversing another street or piece of property. In the case of a
multiuse complex, the street providing direct vehicular access is
the exterior street that borders the complex and not an internal
street surrounded by the complex.
structure shall mean anything which is built or constructed,
an
edifice
or
building
of
any
kind
or
any
piece
of
work
artificially built up or composed of parts joined together in some
definite manner.
structural al terations shall mean any change in the supporting
member of a building or structure.
Subject property shall mean the entire
lot or parcel,
or
series of lots or parcels, on which a development, activity or use
is or will locate or on which any activity or condition regulated
by or subject to this chapter is or will occur or take place.
Temporary commercial sign shall mean a sign associated with a
business, which is painted on a window or constructed of cloth,
paper or similar flexible materials,
is readily removable,
and
displays a temporary commercial message,
but excluding a real
estate, on-site sign or real estate, off-site sign.
Tenant
improvement
shall
mean
any
work,
improvement
or
remodeling completely within the interior of a búilding necessary
to
meet
the
varied
requirements
of
continuing
or
succeeding
tenants.
ORD #
, PAGE 39
Topsoil shall mean the uppermost strata of soil containing a
large percentage of organic materials and which is capable of
providing suitable nourishment for vegetation.
Traffic control devices shall mean signs, signals, stripes and
other mechanical or graphic items which control the flow, direction
or speed of vehicular and pedestrian traffic.
Under marquee sign shall mean a sign which is attached to and
suspended from a marquee or canopy and which does not extend beyond
the marquee or canopy.
Use shall mean the nature of the activities taking place on
private
property
or within
structures
thereon.
Each
separate
listing under the "Use" column in sections 22-596 through 22-878 is
a separate use.
Vehicle service station shall mean a commercial use supplying
petroleum products that are for immediate use in a vehicle.
Vehicle storage area shall mean an outside area which is used
for the storage and/or display of operational vehicles.
Vehicular access easement or tract shall mean privately owned
land
used
and
legally
committed,
through
easements,
plat
restrictions
or
similar
mechanisms,
to
providing
access
for
vehicles and pedestrians to properties other than the property
within the tract or easement. It may also provide space for utility
lines and appurtenances and other devices and faciiities benefiting
nearby properties or the public.
Wall mounted sign shall mean a sign attached to and extending
not more than 18 inches from the facade or face of a building or a
ORD #
, PAGE 40
mansard roof with the exposed face of the sign parallel to the
facade or face of the building or mansard roof.
Wa~erward shall mean toward the body of water.
Well head shall mean the top of the shaft of a well or similar
water extraction facility from which potable water is extracted.
Wholesale ~rade shall mean a commercial establishment which
sells to retail establishments.
Zones shall mean use zones as described in sections 22-596
through 22-878.
Zoning map shall mean the series of maps adopted by the city,
and designated the official zoning map of the city, showing the
geographical location of use zones wi thin the municipal boundaries.
(Ord. No. 90-43, § 2(3.10),2-27-90; Ord. No. 90-51, §§ 1,2,3-27-
90; Ord. No. 91-87, §§ 2--4, 2-5-91; Ord. No. 91-92, § 4, 4-16-91;
Ord. No. 91-100, § 4, 6-4-91; Ord. No. 91-105, § 3, 8-20-91; Ord.
No. 91-113, § 3, 12-3-91)
section 4.
Prohibi tion of Junked or Inoperable
Vehicles
Federal Way city Code section 22-952. Junk and
junkyards prohibited., is hereby amended to provide as
follows:
It is a violation of this chapter to accumulate
junk, or for a property owner or the person in control of
property to allow junk. iunked or inoperable vehicles to
accumulate,
on the subj ect property.
In åddition,
a
junkyard is not permitted in the city.
section
5.
Severability.
The
provisions
of
this
ordinance are declared separate and severable.
The invalidity of
ORD #
, PAGE 41
any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof.to
any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to
other persons or circumstances.
section 6.
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
section 7.
Effective Date.
This ordinance shall take
effect and be in force thirty (30) days from the time of its final
passage, as provided by law.
PASSED by the City Council of the city of Federal Way
this
day of
, 1996.
CITY OF FEDERAL WAY
MAYOR, MAHLON S. PRIEST
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:\ORDIN\JUNK.ORD(LE:94-390)
ORD #
, PAGE 42
CITY OF -
.
- - fæC~
~~ RY"
DATE:
May 30, 1996
TO:
Phil Watkins, Chair
Land Use and Transportation Committee (LUTC)
FROM:
Cary M. Roe, Public Works Director
e-<
SUBJECT:
Gated Community Prioritization
Background
At the April 16, 1996 City Council meeting, the Gated Communities issue was returned to the
Land Use/Transportation Committee for prioritization with other work plan items scheduled to
come before it in 1996.
Items currently planned for the Committee's consideration include the Planning Commission's
1996 Work Plan (attachment 1), various Public Works Department projects, and its 1996 Work
Plan (attachment 2).
Recommendation
Public Works staff will be present at the June 3 meeting to briefly review the work plan items
and special projects likely to be brought to the Committee during 1996, and to request direction
on priority of developing a gated community ordinance.
CMR:jg
attachments
cc:
LUTC File
Gated Communities File
Day File
k:\lutc\gatec0m2.mem
Attachment 1
CITY OF FEDERAL WAY
1996 DEPARTMENTAL WORK PLANS
Public Works Department
~Wt:~..llìl illill ~i
ONGOING PROGRAMS/OPERATIONS
Administration Division
, urchasin CMR
CMR
CMR
CMR
CMR
CMR
CMR
General
General
General
General
ement Division
SWM/GOK
SWM/GOK
SWM/GOK
SWM/GOK
SWM/JTP
SWM/JTP
SWM/JTP
SWMIDBR
t
SWM/DBR
e reconstruction
lementation
~
SWM/DBR
Streets Division
ST/RT
STIRT
ST/RT
ST/RT
STIRT
STlKM
ST/RT
ST/RT
ST/KM
STlKM
"Lead" Key:
CMR=Cary Roe, Public Works Director
DBR=Dave Renstrom, Water Quality Program Coord
RMV=Rob Van Orsow, Solid Waste/Recycling Coord
JTP=Jeff Pratt, Surface Water Manager
KM=Ken Miller, Street Ssystems Manager
GOK=Gary Kennison, SW Mtc Supervisor
General=AII Public Works DMsions involved
11
RT=Ray Taylor
SD=SaeId Daniarl, Traffic Engineer
SC=Stephen Clifton
MRS=Marwan Salloum
K:\FIN AN CElMTWO RKPL. DOC
5130196
CITY OF FEDERAL WAY
1996 DEPARTMENTAL WORK PLANS
Public Works Department
ONGOING PROGRAMS/OPERATIONS
Tr.ffiç Division
TRFC/SD
TRFC/SD
TRFC/SD
TRFC/SD
TRFC/SD
TRFC/SD
TRFC/SD
continued
TRFC/SD
ment Services Division
DV SC/SC
DV SC/SC
DV SC/SC
DV SC/SC
DV SC/SC
DV SC/SC
DV SC/SC
DV SC/SC
SW&RlRMV
SW&RlRMV
SW&RlRMV
SW&RlRMV
SW&RlRMV
SW&RlRMV
SW&RlRMV
SW&RlRMV
SW&RlRMV
"Lead" Key:
CMR=Cary Roe, Public Works Director
DBR=Dave Renstrom, Water Quality Program Coord
RMV=Rob Van Orsow, Solid Waste/Recycling Coord
JTP=Jeff Pratt, Surface Water Manager
KM=Ken Miller, Street Ssystems Manager
GOK=Gary Kennison, SW Mtc Supervisor
General=AII Public Works Divisions involved
12
RT=Ray Taylor
SD=Saeid Daniarl, TraffIC Engineer
SC=Stephen Clifton
MRS=Marwan Salloum
K:'F/NANCEIM TWO RKPL. DO C
&'30196
YJ
j
t
~
't
CITY OF FEDERAL WAY
1996 DEPARTMENTAL WORK PLANS
Public Works Department
-t
~
SPECIAL PROGRAMS/OPERA nONS
Surface Water Mana ement Division
ins ection SWM/JTP
SWM/JTP
SWM/JTP
SWM/DBR
SWM/JTP
SWM/JTP
SWM/JTP
*
SWM/JTP
Streets Division
ST/KM
Public/private street maintenance contract
evaluation
WSDOT Right-ot-Way maintenance contract
evaluation
Snow and Ice Pro ram
ST/KM
ADA Bus Zone Accessibili Grant
StreeVTraffic Bond Issue Pro'ects
.
Cit -wide si nal interconnect
StreeVTraffic Bond Issue Pro"ects
S 316th and 20th Ave S Si nal-construction
Milita Rd/Star Lake Rd Si nal
SR99 S288th to S304th si nal interconnect
New programs/additions to Base
Council/Committee Work Plan/CIP
"Lead" Key:
JTP=Jeff Pratt, Surface Water Manager
KM=Ken Miller, Street Ssystems Manager
GOK=Gary Kennison, SW Mtc Supervisor
General=AII Public Works Divisions Involved
13
CMR=Cary Roe, Public Works Director
DBR=Dave Renstrom, Water Quality Program Coord
RMV=Rob Van Orsow, Solid Waste/Recycling Coord
RT=Ray Taylor
SD=Saeid Daniarl, TraffIC Engineer
SC=Stephen Clifton
MRS=Marwan Salloum
5I3M6
K:'FINANCElMTWO RKPL. DOC
Attachment 2
Planning Commission Work Program 1996
(LUTC Recommendation)
The projects above the line xeprssent what the Planning
Commission will review in 1996. Items below the line may also be
scheduled with the Planning Commission depending on the progress
of the special projects assigned to the Community Development
Department (see attached) and the number of permits being
processed at any given time.
1. Commercial
Comment:
zones/zoning map (95% complete)
The Planning commission should complete this
project in the first quarter of this year. This
project also includes design guidelines. The
Planning Commission completed this project on
February 21st.
2. House Bill
Comment:
1724
state mandated regulatory reform measures will
require changes to our Zoning Code, Subdivision
Code, Shoreline Master Program, Environmental
Regulations, and processing procedures.
)
3. Junk Vehicles (90% complete)
Comment: This is a code amendment to add a definition in
our code to assist with enforcement of junk
vehicles in residential zones.
4. Annual comprehensive Plan Update. The Growth Management Act
and HB 1724 require cities to update the comprehensive plan
yearly if there is a request for it.
5. Enchanted Parks Annexation. If the City completes the
annexation this year, the zoning and any concomitant agreements
will go to the Planning Commission.
6. Review of non-conformance provisions, i.e. phased improvements
7. Wetland variable Buffer/Stream Setbacks/miscel~aneous (50%
complete)
8. Proposed Comprehensive Plan Follow-up
Comment: There are a number of follow-up items that have
been identified through the comprehensive plan
effort. Following is a non-prioritized list.
)
A. Subdivision Code (including opens space, zero lot line
provisions, binding site plans and clustering provisions.
B. Impact fees for transportation and parks as allowed under
G~.
C. Shoreline Master Program update which include preparing
our own program, the Weyerhauser concomitant agreement
commitment to change the designation from conservancy to
urban and related changes to House Bill 1724.
D. PUD provisions in zoning code which includes flexibility
to include creative developments which cannot occur under
current provisions.
E. Residential code amendments for urban design guidelines.
F. Implement affordable housing policies.
G. Subarea planning (348th, 99 corridor)
I
,I
PLANNING COMMISSION
Proposed 1996 Work Program Schedule
".'--
Action Ian Feb Mar Apr May JUI! 1L:1 Aug Sep Ocl Nov Dee
- -
Non-Residential Code Amendments
Junk Vehicles
-.
Training
1724 Code Amendments
Comp Plan Update .-
Annexation Zoning
~
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
May 28, 1996
TO:
Phil Watkins, Chair
Land Use/Transportation Committee
Jeff Pratt,' Surface Water Manager~
FROM:
RE:
Upper WHIO Cross Road Culvert Upgrade and the SeaTac Mall Detention
Phase I ( Belmor Regional Detention Facility) - 30 % Design Status Report
ßa('kgronnd:
SeaTac Mall Detention and Upper WHIO Cross Road Culvert Upgrades are two projects identified
by the City's capital facility plan and approved by City Council. Each of these projects have
reached the 30% completion point and are herein submitted for your consideration. The Upper
WHIO Cross Road Culvert Upgrades will occur in trunk conveyance culverts along 20th Ave
South. These culvert convey flows originating as far north as S312th Street and on many intensely
developed properties including SeaTac Mall.
The SeaTac Mall Detention project has been separated into two phases; Phase I is the Belmor
Regional Detention Facility and is located at the northwest end of the Belmor Mobile Home Park,
Phase n is the SeaTac Mall pipe replacement. Phase I is under design with construction scheduled
for 1997. Phase n is scheduled to start design in late 1996 with project construction to start in
1997 and continue into 1998.
The following provides a brief synopsis of the progress on both projects to date. Currently,
project design is estimated to be thirty-percent complete. Included in this estimate are the
following completed tasks:
.
The topographic and property surveys
.
The Sensitive Area delineations, surveys, and reports.
.
The Environmental Site Assessment (ESA) - Levels I and II
.
The property appraisals
.
Preliminary Design and Siting
Ongoing tasks include:
.
Final design for both the Belmor Storage Facility and the Upper WHIO Cross Road
Culvert Upgrade.
.
Property negotiations
.
SEP A preparation and project permitting
Attached for your reference is a location map with the project alignments and footprints. SWM
proposes to purchase an easement for the proposed facility within the Belmor Mobile Home Park.
Based on the appraisals commissioned by the City, tentative offers of purchase will be made to
the property owners as soon as the appraisal is finalized. The property owner has responded
positively to the proposed project layout and have requested that the City prepare a formal offer
on the easement area.
As mentioned above, the Level I and Level II ESA are complete. An identified area of
contamination is the sediment located in the stream bed. The contamination is slight and may
require the removal of about one foot of sediment from the stream bed.
Rpcommendation:
Staff recommends that the committee authorize staff to proceed with design and return to the
committee at the 85 % design completion stage for further reports and authorizations.
cc:
Project File
Day File
K:\LUTC\BE[,.MOR.LUT
III
en
en I-
(!)z
zzUJ
--::!
~~~
(DOO
~5æ
.. en ::!
Š ~~-
!2 ;;¡:UJO
... ~~~
ct 'am
)t o~
l. <0
:s ~~
ex:
,; "..".<~>".
. ;' ;
," '~
,--L ¡
-
33S - 11'!!.' H::>l 'v'Vi
, /'
, "
1 "
, '
,,' at
,~ ~9
, .
, ~.
\ I~~
, ~~
: ~:;Š
1 ~~~
V
,
,
1
I
MO138 133HS
I
, I
I ,
I ,
1 "
" '
" ,
, I
=-<L- ,
:!:J"" .,
" 'r
,;' ,'/ I
" .... ,.,00'
" (.", I
" ,
to" I
Þ ._,~
Q~ ~;,~,
~i>I 'þ
~~ 1
f~ ,
,
~
N
I
(
. I
I I
, I
I '
, I
I I
I '--'---"
~
l
L~%:"
""'" -
;¡
~I : ~
.1IW
>- .
f§g
III(
:ï:
= .
, :i! ~
':; ~
!!!J ~
m: ~
I§!, ~
¡:;
ii
II
IS
:;;
~
Š
;,
f
= ¡;
2! N
~ã
""
~ ~
~>- ~
g¡S i1
:;;g~
:;iz2
~~
"z
"""
"',...
~~ ~
2 !
-' I:!
... .
'" a
j
~
II
~
$
;111il~
!I :ig
I ..n
I .
w
~
i
w a
, ' I r
, . ~"
1III
at
.~ ~~
I ~~~.
1:::'~a~ø. 1~5 --'
, i¡¡q .~..-
gl!l¡1I ~..
k.fö1 1I!8~
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
May 28, 1996
TO:
Phil Watkins, Chair
Land Use/Transportation Committee
Jeff Pratt, Surface Water Manager~
FROM:
RE:
Upper WHI0 Cross Road Culvert Upgrade and the SeaTac Mall Detention
Phase I ( Behnor Regional Detention Facility) - 30 % Design Status Report
Rat'kgrollnd:
SeaTac Mall Detention and Upper WHlO Cross Road Culvert Upgrades are two projects identified
by the City's capital facility plan and approved by City Council. Each of these projects have
reached the 30% completion point and are herein submitted for your consideration. The Upper
WHI0 Cross Road Culvert Upgrades will occur in trunk conveyance culverts along 20th Ave
South. These culvert convey flows originating as far north as S312th Street and on many intensely
developed properties including SeaTac Mall.
The SeaTac Mall Detention project has been separated into two phases; Phase I is the Belmor
Regional Detention Facility and is located at the northwest end of the Belmor Mobile Home Park,
Phase II is the SeaTac Mall pipe replacement. Phase I is under design with construction scheduled
for 1997. Phase II is scheduled to start design in late 1996 with project construction to start in
1997 and continue into 1998.
The following provides a brief synopsis of the progress on both projects to date. Currently,
project design is estimated to be thirty-percent complete. Included in this estimate are the
following completed tasks:
.
The topographic and property surveys
.
The Sensitive Area delineations, surveys, and reports.
.
The Environmental Site Assessment (ESA) - Levels I and II
.
The property appraisals
.
Preliminary Design and Siting
Ongoing tasks include:
.
Final design for both the Belmor Storage Facility and the Upper \\THIO Cross Road
Culvert Upgrade.
.
Property negotiations
.
SEP A preparation and project permitting
Attached for your reference is a location map with the project alignments and footprints. SWM
proposes to purchase an easement for the proposed facility within the Belmor Mobile Home Park.
Based on the appraisals commissioned by the City, tentative offers of purchase will be made to
the property owners as soon as the appraisal is finalized. The property owner has responded
positively to the proposed project layout and have requested that the City prepare a formal offer
on the easement area.
As mentioned above, the Level I and Level II ESA are complete. An identified area of
contamination is the sediment located in the stream bed. The contamination is slight and may
require the removal of about one foot of sediment from the stream bed.
Re('nmmendatinn:
Staff recommends that the committee authorize staff to proceed with design and return to the
committee at the 85 % design completion stage for further reports and authorizations.
cc:
Project File
Day File
K:\LUTC\BE1)dOR.LUT
-.-N
,;"-';I/"~;~-:i;:",:;;.;;:;:-..;\~¡;¡-~. .." ,.-.w."., '0',;.
1 I ili
: ê
. .
III
"
~ <I)
<1)1-
(!)z
zzw
... --::1
~ ~ ~~~
¡: mOo
~5ð:
. <I) ::1
w 1--
!5 ¡;!c:o
!2 ~~w
... ...Jo
or
tt ~~
p. 00
::s c:~
c:
--
%
..
,i 8
~ 2
~ ~~
0 >->-
>- ~z
0 ~ o~ 0
Z g :ij~ :ij
~ ~ ~o ~ ~
::J 8 æ~ æ :::
__,I ._n_~ I
. .
". {1 =::=:::::1
J~
- '">; -'
DV",é' ~'<,~,~I: --- ~
~~Z :c:-.- ~,(')' >f>.;-,-- I~
-- ',' ~UJ
':', ~~---I
"'. -- ,~-".-.. ~.
"" "5("'~---- , UJ
~.. 0/ SO -';:;yp ~----- UJ
~~j :::: ::_-------~-~'~'\ ':
. \"E-LAY ":; 0'0.." 'I::;
~rso ~WT'f"."" \II
. J.'" U
I-
«
::.
~Z
.~
PLAN
i
I
!
.-
/
, ,
. .. 10 to
----- ~
SCAlE r.3Q"
NO. '00\"
-...-...
--
0_'
;,::.:..:.or
......_y.
_or =-
ED~ BELt,lOR REGIONAL STORt,lWATER
~~ . OETENTIO~.-~C':;:TYIJ"""
.., ."", OJ"",'."
.-t:" ._,
- .. W(ICU
EJ£mIl!J
- JNiW
,n - 1996
U2472.PI
J
CITY OF FEDERAL WAY
MEMORANDUM
, : """"""'"
DATE:
May 28, 1996
TO:
Phil Watkins, Chair
Land Use/Transportation Committee
Jeff Pratt, Surface Water Manager~
FROM:
RE:
Upper WHIO Cross Road Culvert Upgrade and the SeaTac Mall Detention
Phase I ( Belmor Regional Detention Facility) - 30 % Design Status Report
Rß('kgronnd:
SeaTac Mall Detention and Upper WHlO Cross Road Culvert Upgrades are two projects identified
by the City's capital facility plan and approved by City Council. Each of these projects have
reached the 30% completion point and are herein submitted for your consideration. The Upper
WHI0 Cross Road Culvert Upgrades will occur in trunk conveyance culverts along 20th Ave
South. These culvert convey flows originating as far north as S312th Street and on many intensely
developed properties including SeaTac Mall.
The SeaTac Mall Detention project has been separated into two phases; Phase I is the Belmor
Regional Detention Facility and is located at the northwest end of the Belmor Mobile Home Park,
Phase II is the SeaTac Mall pipe replacement. Phase I is under design with construction scheduled
for 1997. Phase II is scheduled to start design in late 1996 with project construction to start in
1997 and continue into 1998.
The following provides a brief synopsis of the progress on both projects to date. Currently,
project design is estimated to be thirty-percent complete. Included in this estimate are the
following completed tasks:
.
The topographic and property surveys
.
The Sensitive Area delineations, surveys, and reports.
.
The Environmental Site Assessment (ESA) - Levels I and II
.
The property appraisals
.
Preliminary Design and Siting
Ongoing tasks include:
.
Final design for both the Belmor Storage Facility and the Upper WHIO Cross Road
Culvert Upgrade.
.
Property negotiations
.
SEPA preparation and project permitting
Attached for your reference is a location map with the project alignments and footprints. SWM
proposes to purchase an easement for the proposed facility within the Belmor Mobile Home Park.
Based on the appraisals commissioned by the City, tentative offers of purchase will be made to
the property owners as soon as the appraisal is finalized. The property owner has responded
positively to the proposed project layout and have requested that the City prepare a formal offer
on the easement area. .
As mentioned above, the Level I and Level II ESA are complete. An identified area of
contamination is the sediment located in the stream bed. The contamination is slight and may
require the removal of about one foot of sediment from the stream bed.
RP{'nmmendatinn~
Staff recommends that the committee authorize staff to proceed with design and return to the
committee at the 85 % design completion stage for further reports and authorizations.
cc:
Project File
Day File
K:\LUTC\BEI,.MOR.LUT
.A't ,,"'.'-, .'., .-. ;.....:i,"~';~"Ä'it..f~t.."(,.;;-.¥..y\...,.,,.W',,¡,c. ,:,:..
;d
¡ .
..nl
--..-..-1
.. J~
'- Q <, 'Ii 0
~-z »::: l/1-ç, '~, !!~ -'
~~~" ~
',C'¡- ~ "------
EX" ',',', ..,-_Jt-
¡""SO PROPOSED'" 'i;~', -~..~ -_J:i:
0 SO ,ASE....! 0 ~I
~:ý:':::?:'....o"...... ~
-------- --;."'SO \."'-LAY"",,",,'lDII'" \, I~
~"m'.~ ~':.\TT 'f.,~ . S'D," \ IS
"I
U
t-
<{
::;
~Z
...
"
'"
..
'"
, '
--i,
. ,ii:
! ¡"j
I I
I !
, I
'. !
!
PLAN
----- ~
..
SCAl£ r.:xr
""""""
-.--...
i:'1 ==.
t:':.:"r,::":"
"-"'-"
~.. .c:=.
ED~ BELMOR REGIONAL STORMWATER
~~ DETENTIO~D,~~:;TY"""..
'" _. """,',«,
,",,10m
I[ N'R '99.
~
i
DATE:
TO:
FROM:
RE:
I.
II.
m.
IV.
FEDERAL WAY
MEMORANDUM
May 29, 1996
City Council Land Use and Transportation Committee
Councilmember Phil Watkins, Chair ~M
Gregory D. Moore, AICP - Director of co~mu~:ó~~elopment Services
Contact: Jim Harris - Associate Planne~~ .
FEDERAL WAY BPA TRAIL PHASE II
Federal Way File No. UPR95-0029
Related File No. 's SEP95-0030 and SPR95-0030
STAFF RECOMMENDATION
City staff recommends approval of the Use Process III request as recommended by the
Federal Way Hearing Examiner.
SUMMARY OF APPLICATION
The proposal is to construct a twelve foot wide asphalt recreational trail, approximately
4,800 feet in length, from the 33200 block of 1st Way South along the BPA powerline
corridor to the 600 block of SW Campus Drive at the Weyerhauser/King County Aquatic
Center.
According to the Federal Way Zoning Map, the underlying zoning classification for the
site is Residential Single Family (RS) 7.2, RS 9.6, and RS 35.0.
REASON FOR COUNCIL ACTION
Pursuant to Federal Way City Code (FWCC) section 22-646, Public Parks require
approval through Use Process III. The Hearing Examiner may only render a
recommendation in a Process III review. The final decision for all such requests rests
with the City Council.
HEARING EXAMINER'S RECOMMENDATION
The Hearing Examiner recommends approval of the proposed Federal Way BP A Trail
Phase II. The Hearing Examiner's Recommendation contains findings and conclusions
which serve as a basis for the recommendation. The entire recommendation is attached.
I
V.
PROCEDURALS~RY
November 21, 1995
The application for Use Process III approval filed with the
city.
January 24, 1996
Revised site plan submitted to the city.
March 2, 1996
Federal Way State Environmental Policy Act (SEP A)
Responsible Official issued a SEPA Determination of Non-
Significance (DNS).
April 1, 1996
SEPA appeal period expired. No appeals were filed with
the city.
May 7, 1996
Hearing Examiner public hearing.
May 20, 1996
Hearing Examiner issued recommendation to approve the
application.
June 3, 1996
Hearing Examiner recommendation and appeal period
expired. No requests for reconsideration or appeals were
filed with the city.
June 3, 1996
City Council Land Use Committee meeting.
Land Use Committee forwards a recommendation to
the full City Council.
June 18, 1996
City Council meeting.
Pursuant to Section 22-490 of Federal Way City
Code, the City Council shall consider the
application at a scheduled meeting.
VI.
DECISIONAL CRITERIA
City Council's review of the application is limited to the record of the hearing before the
Hearing Examiner, the Examiner's written report, compliance with applicable ordinances
and regulations of the King County Code and with review criteria set forth in Section 22-
490(d) of the Federal Way City Code. Section 22-490(d) allows the application to be
approved if it is consistent with:
1.
The Comprehensive Plan,
2
2.
All applicable provisions of the Code, including those adopted by
reference from the Comprehensive Plan, and
3.
Public health, safety and welfare.
vu.
COUNCIL ACTION
A draft resolution recommending approval of the application as recommended by the
Hearing Examiner is attached. After consideration of the record before the Hearing
Examiner, the City Council may, by action approved by a majority of the total
membership, take one of the following actions:
1.
Approve the Application, or
2.
Approve the Application with minor modifications, or
3.
Deny the Application, or
4.
Remand the matter back to the Hearing Examiner for further
consideration, or
5.
Schedule a public hearing before the City Council, in order to consider
non-minor modifications to the application.
The City Council shall not substantially modify the recommendation of the Hearing
Examiner without first referring the matter back to the Hearing Examiner or conducting
its own public hearing of the application.
Exhibits
1. Hearing Examiners Recommendation dated May 20, 1996.
2. Staff Report to Hearing Examiner dated May 7, 1996.
3. Draft Resolution of the City Council Adopting Hearing Examiner Recommendation.
l:\council\lutc.ccl
3
(206) 661-4000
FEDERAL WAY. WA 98003-6210
May 20, 1996
Federal Way Parks, Recreation, and
Human Services Department
Contact: Barbara Simpson
33530 1st Way South
Federal Way, WA 98003
Federal Way Public Works Department
Contact: Trent Miller
33530 1st Way South
Federal Way, WA 98003
:p.
RE:
FEDERAL WAY TRAIL CORRIDOR
UPR95-0029, SEP95-0030, AND SPR95-0030
Dear Applicants:
Enclosed please find the Report and Decision relating to the
above-entitled case. Any person may request reconsideration or
challenge the Hearing Examiner's decision pursuant to the Federal
Way Zoning Code. The rights to reconsideration and challenge page
is attached for your information.
verY;¡¡~ ~ L
STEPHEN K. CAUSSEAUX, JR.
HEARING EXAMINER
SKC/ca
cc: All parties of record
City of Federal Way
, )f /~ ~ ,-.j Ll.1 I . /~
CITY OF FEDERAL WAY
OFFICE OF THE HEARING EXAMINER
IN THE MATTER OF:
FEDERAL WAY TRAIL CORRIDOR
UPR95-0029, SEP95-0030
SPR95-0030
PROCESS III
I. SUMMARY OF APPLICATION
The proposal is to construct a twelve foot wide asphalt recreational trail, approximately
4,800 feet in length, from the 33200 block of 1st Way South along the BPA powerline corridor
to the 600 block of SW Campus Drive at the WeyerhauserlKing County Aquatic Center.
II. PROCEDURAL INFORMATION
Hearing Date:
Decision Date:
May 7, 1996
May 20, 1996
¡þ'
At the hearing the following presented testimony and evidence:
1.
Jim Harris, Associate Planner, City of Federal Way
At the hearing the following exhibits were admitted as part of the official record of these
proceedings: -
1.
Staff Report with all attachments.
III. FINDINGS
1.
The Hearing Examiner has heard testimony, viewed the premises and surrounding area,
admitted documentary evidence into the record, and taken this matter under advisement.
2.
The Community Development Department staff report sets forth general findings, and
applicable policies and provisions in this matter, is hereby marked as Exhibit 1, and
incorporated in this report by reference as though set forth in full herein.
3.
All appropriate notices were delivered in accordance with the requirements of the Federal
Way City Code.
FEDERAL WAY TRAIL CORRIDOR
MAY 20,1996
PAGE - 2
4.
The applicant, Federal Way Parks, Recreation, and Hwnan Services Department, is
proposing to construct a 12 foot wide asphalt recreational trail with grass shoulders
through and along the Bonneville Power Administration (BPA) power line, the City's
Panther Lake Park, and the King County Aquatic Center. The trail connects to Phase I of
a previously approved trail under the BPA powerlines at the 33200 block of 1st Avenue
South, and extends to the 600 block of SW Campus Drive at the Aquatic Center. Features
include a six foot wide connection to the Aquatic Center parking lot, a six foot wide spur
to a viewpoint at the southwest portion of the trail, and a connection to the existing West
Campus trail. Since the trail is a linear public park, the Federal Way City Code (FWCC)
requires Process III review.
5.
In addition to Process III review for the park itself, the applicant must also obtain
approval to encroach into a regulated wetland and wetland buffer, and to culvert 100 feet
of a minor stream. Both of these requests are normally considered under Process I,
however since the linear park project requires approval through Process III, all requests
associated with the underlying project must also be considered through the Process III
approval process pursuant to Section 22-387 FWCC. Proce£J III requires the Examiner
to make a recommendation to the Federal Way City Council which makes the final
decision.
6.
A review of the proposed trail reveals that at the eastern trailhead a signalized pedestrian
crossing will be installed at 1st Way South to allow a safe connection to Phase I of the
trail. A possible trail parking area is located adjacent to the pedestrian crossing. The
eastern portion of the trail is bordered on the north by the Cove Apartments and on the
south by the Campus View Division IV single family residential subdivision and West
Campus Office Park Division 1. The trail meanders through the BP A easement skirting
the electrical towers on the north and traversing a slope adjoining a wetland buffer. The
middle portion of the trail is abutted on the south by the Panther Lake Park and on the
north by the Ridge Division VI single family residential subdivision. The trail then crosses
between two wetlands and to the south of electrical towers. An eight foot wide trail spur
extends around the wetland to provide a connection to the West Campus trail to the north.
The western portion of the trail leaves the BP A easement and extends across the Panther
Lake Park property to the King County Aquatic Center property. A six foot wide trail to
a viewpoint is provided on the Panther Lake property, and a six foot wide connection to
the Aquatic Center parking lot is provided on King County property. Near the parking
lot the trail crosses a culvert which is proposed for an intermittent stream which flows
into Panther Lake. The west portion of the trail is bordered on the south by Panther Lake
and on the north by the Aquatic Center. The trail is part of a larger trail system and will
eventually be connected to the Inter-urban trail located in the Kent-Auburn valley. The
trail itself provides a connection between the City center and residential areas. The trail
is not contemplated for regional use, but as a means for surrounding property ówners to
access employment and shopping opportunities within the City center.
FEDERAL WAY TRAIL CORRIDOR
MAY 20, 1996
PAGE - 3
7.
8.
9.
The trail will be approximately 4,800 feet in length and will cross both rolling and steep
topographic areas. Slopes through the corridor range from less than 2% to approximately
65%. However, the trail will meet the requirements of the Americans with Disabilities Act
(ADA).
The site drains in many directs along the trail corridor and the applicant commissioned
OT AK, Inc., a qualified engineering firm, to prepare a preliminary storm drainage
technical information report. The report establishes that the trail corridor has six separate
drainage basins and that infiltration facilities can accommodate all storm drainage in all
basins pursuant to the requirements of the King County Surface Water Design Manual.
Because the trail is located within a BP A easement, trees are routinely removed and
vegetation consists primarily of second growth trees and ground cover to include sala!,
sword firn, grasses, and scotch broom. Section 22-1 566(b) FWCC requires a ten foot wide
Type III visual buffer adjacent to the site perimeter. Since much of the trail corridor and
perimeter is currently vegetated, landscaping is only required in isolated locations to
include the bordering residential lots on 4th Avenue NW andj}e apartments near the east
end of the corridor. Approval of landscape plans are required prior to the issuance of
construction permits. Birds and small animals inhabit the site, but their population and
species is limited due to surrounding residential and commercial development. However,
Panther Lake provides significant wildlife and water fowl habitat as an open water system.
10.
A geological hazardous area with slopes exceeding 40% is located approximately 1,000
feet souih of 1st Way South. The area contains Alderwood gravelly sandy loam soils
which are subject to severe erosion in steeper sloped areas. Erosion related impacts will
be mitigated in accordance with a temporary erosion/sedimentation control (TESC) plan
to be approved by the City. Mitigating measures may include siltation fencing, catch basin
inlet protection, and sedimentation control. Terra Associates provided a preliminary
geotechnical assessment, and the recommendations of the geotechnical engineer will be
implemented in the final design plans.
II.
OT AK, Inc., submitted a wetland delineation report on November 10, 1995, which
established that there are two wetlands on the site. Wetland I is located near the west end
and is associated with Panther Lake, while Wetland II is located near the center of the
site. The trail will intrude into both wetlands and their buffers. Section 22-1358(b) FWCC
allows public access through a regulated wetland in conjunction with a public park. In the
present instance, earth work will occur within the 100 foot wetland buffer of both
wetlands and is unavoidable if the trail is to meet ADA grade requirements. Furthermore,
the wetlands cross the entire width of the BP A easement and cannot be avoided.
12.
Section 22-159( c) FWCC allows minor improvements such as footbridges, walkways, and
FEDERAL WAY TRAIL CORRIDOR
MAY 20, 1996
PAGE - 4
D.
E.
benches within the setback area from a regulated wetland if the criteria set forth therein
are met. Findings on each criteria are hereby made as follows:
A.
The intrusion into the wetland will not adversely affect water quality. Disturbed
areas will be revegetated pursuant to the approved wetland mitigation program,
thus assuring the maintenance of satisfactory water quality. The proposed
improvements are not subject to vehicular traffic on a regular basis and therefore
will not promote contamination by rainwater runoff.
B.
The intrusion will not destroy or damage a significant habitat area. Both the
wetlands and setback areas have been intruded upon by maintenance vehicles and
bicycle riders and are not significant habitat areas. Additional vegetation planted
in conjunction with the mitigation will provide increased habitat value.
Furthermore, the 100 foot wetland setback area of Wetland I is encumbered with
stonn water facilities, a biofiltration swale, and a parking lot.
C.
The intrusion will not adversely affect drainage:> or stonn water retention
capabilities. The wetland mitigation program proposes to create 5,000 square feet
of wetlands as compensation for impacting 2,495 square feet of wetlands. The
wetlands will have a greater overall area for groundwater recharge and greater
holding capacity for flood control.
The intrusion into the wetland and setback will not create unstable earth conditions
or erosion hazards. Landscaping will minimize the erosion potential, and the TESC
'plan will ensure erosion control. Stonn water runoff from the trail will be
collected in adjacent side ditches and directed into infiltration trenches.
The intrusion into the wetlands and buffers will not be materially detrimental to
any other property in the area nor to the City as a whole. No significant open
spaces or scenic vistas are lost. The primary purpose in constructing the trail is
to create an attractive open space environment with added aesthetic value.
Following mitigation, the wetlands will be of higher quality, diversity, and
biological function.
The applicant is also requesting to culvert 100 feet of a minor stream and to do so must
establish that the request satisfies the criteria set forth in Section 22-1309 FWCC.
Findings on each criteria are hereby made as follows:
13.
A.
The placement of the culvert will not destroy a significant habitat. While
placement of the culvert will require filling a portion of the stream, tþis area is
rated as "moderate" for wildlife habitat due to the abundance of reed canary grass
which does not support a variety of wildlife. Even so, the placement of a culvert
FEDERAL WAY TRAIL CORRIDOR
MAY 20, 1996
PAGE - 5
B.
C.
D.
"
will result in the loss of some habitat area, but the mitigation for the lost habitat
area will be compensated at a 2: I ratio and should result in a net increase of
habitat area. Furthermore, approval was recently granted for expansion of the
Aquatic Center parking lot which also included culverting a portion of the same
stream. .
If the trail is to be constructed, it is necessary to culvert the stream. No other
alternative exists, and the proposed crossing location creates the least impact to the
stream and surrounding area. While it is possible to bridge the stream, such
construction will impact the stream with fill material, pilings, and bridge
abutments. Furthermore, the cost of a bridge would vary between 2.3 and 3.3
times higher than the proposed culvert. Even with the added expense, the stream
would most likely be impacted.
The culvert will match the size of existing culverts directly upstream and sized to
accommodate a 100 year storm event. No resident or migratory fish are within the
minor stream, but the culvert will facilitate use by f:sh should they exist in the
future.
Maintenance of the culvert will be provided by either the Parks Department or
Public Works Department which will ensure that the culvert is kept free of debris
and sediment so as to allow free passage of water.
14.
FWCC Section 22-490( d) sets forth the criteria which the applicant must meet in order
to obtaih a Process III approval. Findings on each criteria are hereby made as follows:
A.
The project is consistent with the City of Federal Way Comprehensive Plan. The
entire trail corridor is designated as open space by the comprehensive plan map.
The project has been reviewed for conformance with applicable land use and
natural environment policy elements of the comprehensive plan. The trail project
is also consistent with the 1995 Comprehensive Parks, Recreation, and Open Space
Plan.
B.
The project is consistent with all applicable provisions of the Federal Way City
Code, Environmental Policy Code, and all other applicable development codes and
regulations including those adopted by reference from the comprehensive plan.
The City's Community Development Review Committee has reviewed the
proposal in relation to all development codes and regulations and has determined
that the project complies with said codes and regulations.
C.
The proposed trail is consistent with the public health, safety, ~and welfare.
Development of the site in accordance with applicable codes and regulations will
FEDERAL WAY TRAIL CORRIDOR
MAY 20, 1996
PAGE - 6
ensure that the public health, safety, and welfare is protected. Development of the
site is consistent with the Parks and Open Space Classification of the
Comprehensive Plan.
IV. CONCLUSIONS
From the foregoing findings the Hearing Examiner makes the following conclusions:
1.
2.
3.
4.
~
The Hearing Examiner has jurisdiction to consider and decide the issues presented by this
request.
The request to encroach into a regulated wetland and setback area to allow construction
of a portion of the trail through wetlands and wetland buffers sati~fies the criteria set forth
in Section 22-1359(c) FWCC and therefore should be approved subject to the conditions
contained hereinafter.
The request to culvert 100 feet of a minor stream satisfies the criteria set forth in Section
22-1309 FWCC and should be allowed subject to the conditions contained hereinafter.
The request for Process III approval to allow construction of a 12 foot wide asphalt
recreation trail approximately 4,800 feet in length from 1 st Avenue South to the 600
block of SW Campus Drive with associated amenities as described in the findings above
should be approved subject to the following conditions of approval:
A.
-The applicant shall prepare and submit to the Department of Community
Development Services, an interlocal agreement, easement, or other written
agreement acceptable to the City Attorney for any construction work or facilities
located on King County property. The document shall be reviewed and approved
by the City Attorney prior to issuance of construction permits.
B.
Interpretive signs for educational and informational purposes describing wetland
functions, values, and habitat shall be located along the trail on both sides of
wetland #2, and along wetland #1 in three places at approximately 300 feet on
center. Sign text, size, and location shall be reviewed and approved by the
Department of Community Development Services prior to issuance of construction
permits.
C.
A construction schedule addressing timing of wetland impacts and timing for
completion of mitigation of impacts shall be submitted to and approved by the
Director of Community Development Services prior to issuance of construction
permits.
FEDERAL WAY TRAIL CORRIDOR
MAY 20, 1996
PAGE - 7
RECOMMENDATION:
It is hereby recommended to the City Council of the City of Federal Way that Process III
approval be granted for a public recreational trail extending from the 33200 block of 1st
Way South along the BPA powerline corridor to the 600 block of SW Campus Drive at
the King County Aquatic Center, subject to the conditions contained in the conclusions
above.
DATED THIS
.-4--
dO DAY OF May, 1996.
STEP!l!c!!:G L
Hearing Examiner
:Þ
FED ERAL WAY
CO MMUNITY D EVELO PMENT D EP AR TMENT
REPORT TO THE
FED ERAL WAY HEARIN G EXAMINER
FEDERAL WAY TRAIL CORRIDOR
Federal Way File No. UPR95-0029
Related File No.'s SEP95-0030 and SPR95-0030
PUBLIC HEARING - May 7, 1996
3:00P.M.
CITY COUNCIL CHAMBERS
FEDERAL WAY CITY HALL - 33530 1ST AVE SW
(206-661-4019)
Report Prepared by:
Jim Harris
Associate Planner
SECTION
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
XV.
TABLE OF CONTENTS
SUMMARY OF PROPOSED ACTION................................................
GENERAL INFORMATION..........................................."""""""""
HISTORY AND BACKGROUND............................................""""'"
ENVIRONMENTAL DETERMINATION
""""""" """'" ........ """
AGENCIES CONTACTED BY FEDERAL WAY...................................
NATURAL ENVIRONMENT..........................................."""""""'"
1. Topography
2. Soils
3. Surface Water
4. Vegetation
5. Wildlife
6. Sensitive Areas
NEIGHBORHOOD CHARACTERISTICS......................................."""
GENERAL DESIGN................................................""""""""""""
TRANSPORTATION........................................."""""""""""""""
1 . Traffic Generation
PUBLIC SERVICES..............................................""""""""""""'"
1. Parks and Open Space
2. Fire Protection
REQUEST TO MODIFY SECTIONS
OF THE FEDERAL WAY CITY CODE................................................
1. Request to Encroach Into a Regulated Wetland Setback Area
(Process I Approval Required for This Type of Use)
Request to Culvert 100 Feet of a Minor Stream
(process I Approval Required)
2.
COMPREHENSIVE AND COMMUNITY PLANS.....................................
HEARING EXAMINER & CITY COUNCIL DECISIONAL CRITERIA..........
FINDINGS OF FACT & CONCLUSIONS................................................
RECOMMENDATION........................................""""""""""""""""
PAGE
1
I
2
2
3
3
7
7
7
8
8
12
12
14
16
EXHIBITS
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Vicinity Map.
Site Plan by Otak Sheets 1-4.
SEPA DNS, dated March 2, 1996.
Soil Conservation Survey Map.
Wetland Delineation Report by Otak Inc, dated November 10, 1995.
Wetland Mitigation Program by Otak Inc, dated revised March 28, 1996.
Geo-Technical Report by Terra Associates, dated October 12, 1996.
Letter from Otak Inc., dated January 16, 1996.
Geologic Hazardous Area Analysis, dated April 30, 1996.
Wetland Intrusion Analysis, dated April 30, 1996.
Site Plan Approval, dated April 30, 1996.
I.
SUMMARY OF PROPOSED ACTION
The proposal is to construct a twelve-foot wide asphalt recreational trail, approximately 4,800
feet in length, from the 33200 block of 1st Avenue South along the BP A powerline corridor to
the 600 block of SW Campus Drive at the Weyerhauser/King County Aquatic Center (Exhibits
A & B). This project is the second phase of the City of Federal Way BPA Powerline Corridor
Trail. Phase I of the trail begins at the intersection of SW 324th Street and 11th Place South and
terminates at the 33200 Block of 1st Avenue South. The proposal includes an eight foot wide
connection to the West Campus Trail, a six foot wide connection to the King County Aquatics
Center parking lot, and a six foot wide spur to a viewpoint near the southwest portion of the trail.
This project also includes installation of a pedestrian and bicycle signal crossing at 1st Way
South. The trail will meet the requirements of the American with Disabilities Act (ADA).
According to the Federal Way Zoning Map, the underlying zoning classification for the site is
Residential Single Family (RS) 7.2, RS 9.6, and RS 35.0.
Primary access is proposed at the existing parking lot at SW 324th Street that was developed in
conjunction with Phase I of the BP A Trail.
II.
GENERAL INFORMATION
Location:
Within the Bonneville Power Administration (BPA) and the Tacoma
Public Utilities (TPU) easements, from approximately the 33200 Block
of 1st Way South to approximately the 600 block of SW Campus Drive,
near the Weyerhauser/King County Aquatic Center. (Exhibit B).
Owner/
Developer:
Federal Way Parks, Recreation, and Human Services Department.
Contact: Barbara Simpson
33530 1st Way South
Federal Way, WA 98003
(206) 661-4048
Federal Way Public Works Department
Contact: Trent Miller
33530 1st Way South
Federal Way, W A 98003
(206) 661-4184
Project Manager:
Mandi Roberts or Ron Heiden
OTAK Inc.
620 Kirkland Way, Suite 100
Kirkland, Washington 98033
(206) 822-4446
Zoning:
Residential Single Family (RS) 7.2, RS 9.6, RS 35.0.
1
Acreage:
The size of the Phase II Corridor is 28.5 acres.
S-T-R
SW 1/4 Section 17, SE 1/4 Section 18, and North 1/2 of Section 19, all
in Township 21 North, Range 4 East.
Sewage Disposal:
Lakehaven Utility District.
Water Supply:
Lakehaven Utility District.
Fire District:
No. 39 - Federal Way
School District:
No. 210 - Federal Way
Staff
Recommendation:
Conditional approval.
III.
mSTORY AND BACKGROUND
This project is Phase II of a larger proposed trail corridor. This segment of the BP A Trail is
currently undeveloped, but is informally used by the public for recreation (walking, biking,
hiking, etc.). Phase I to the east was opened in the fall of 1995, and an additional phase through
the BP A easement from Southwest Campus Drive to the southwest city limits is planned in the
future.
The trail is primarily located within the BPA easement, except at the southerly end, where
portions of the trail will extend into the City of Federal Way's Panther Lake Park and onto the
King County Aquatic Center property. The 4,800 foot long trail will include a system of
connector trails, with one main pathway to be used for recreational and transportation purposes
(Le., intermodal transportation to work, school, shopping, etc.). The project is being funded in
part by a Federal Intermodal Surface Transportation Efficiency Act (IS TEA) grant.
The applicant submitted an application for Process III review, Site Plan Review, and SEP A
review on November 22, 1995. The public park use requires a Process III review. The
application also includes the following requests subject to Process I review: wetland setback
intrusion, and culverting a stream.
Pursuant to FWCC section 22-366, if the proposal requires approval through Process I, II, or III,
the site plan review conducted under this article will be put in writing and form the basis of or
be an exhibit to the staff report to the Hearing Examiner under Process III. A Site Plan review
letter and findings are attached (Exhibit K).
IV.
ENVIRONMENTAL DETERMINATION
Pursuant to the State Environmental Policy Act (SEPA), RCW 43.2IC, the responsible official
of the City of Federal Way issued a Determination of Nonsignificance (DNS) for the proposed
development on March 2, 1996 (Exhibit C). The determination was based on review of
2
v.
VI.
information in the project file, including the environmental checklist and site visits, resulting in
the conclusion that the proposal would not result in probable significant adverse impacts on the
environment. Affected agencies, tribes, and the public were offered the opportunity to comment
on or appeal the determination for 29 days.
One response was received during the 15-day comment period of the DNS from Tacoma Public
Utilities. Tacoma Public Utilities noted that their proposed water pipeline crosses the trail route.
During construction of the waterline, the trail will be disturbed and restored to its original
condition. The appeal period ended on April 1, 1996. No appeals were filed with the city.
AGENCIES CONTACTED BY FEDERAL WAY
As part of review by Federal Way staff, site visits were conducted and the proposal was
circulated to the following agencies and city departments:
*
Federal Way Public Works Division
Federal Way Wetlands Specialist
Federal Way Building Division
King County Fire District #39
King County Police
Lakehaven Utility District
*
*
*
*
*
Responses from the Lakehaven Utility District, King County Fire District #39, Department of
Public Works, Federal Way Building Division, and the city's wetland specialist were reviewed
prior to the issuance of the SEP A determination and as part of Use Process III review.
Comments have been used to address site design issues.
NATURAL ENVIRONMENT
1.
Topo~raphy: The site contains diverse terrain, with a slightly rolling area west of 1st
Way South. Approximately 1,000 feet west of 1st Way, the topography rises slightly to
a small bluff overlooking a small ravine and small wetland that bisects the corridor
running from north to south toward Panther Lake. Topography then rises to another high
point approximately 500 feet north of the Aquatic Center. More steep slopes are found
in this area behind the Aquatics Center. Slopes throughout the corridor ranges from less
that 2 percent to approximately 65 percent.
Areas with slopes exceeding 40 percent slope within the corridor have been identified as
geologically hazardous due to the steep slopes and potential for erosion. As required by
Federal Way City Code (FWCC) Section 22-1286, any development on or within 25 feet
of a geologically hazardous area shall be reviewed for conformance with code
requirements, and subject to a written administrative decision.
2.
Soils: According to the US Department of Agriculture Soil Conservation Survey for
King County, the site consists primarily of Everett Alderwood gravelly sandy loam soils
(EwC). Everett Alderwood gravelly sandy loam soils generally range from 6 to 10
3
percent. Runoff is slow to medium, and the erosion hazard is slight to moderate.
The site also contains smaller areas of Alderwood gravelly sandy loam (AgD ) soil
(Exhibit D). The potential for a geologic hazard is due to the fact that Alderwood
gravelly sandy loam soils are subject to severe erosion in steep sloped areas. According
to the Soil Survey, site soils can support urban development with moderate limitations.
Effective erosion control measures will be necessary in areas over steep slopes.
3.
Surface Water: The site drains in many directions along the trail corridor. A
Preliminary Storm Drainage Technical Information Report was prepared by Otak Inc. in
November 1995. According to the report, the proposed trail corridor has six drainage
basins. The preliminary design proposes infiltration facilities for each drainage basin per
the King County Surface Water Design Manual.
A wetland delineation report was prepared by Otak Inc. dated November 10, 1995
(Exhibit E). The report indicates that two wetlands are present on the site. Wetland
#1 is located near the edge of Panther Lake at the south end of the corridor. Wetland
#2 is located near the center of the site and drains toward Panther Lake.
North of the Aquatic Center there is an unnamed minor stream that flows into wetland
#1 and Panther Lake. The stream does not support a local or migratory fish population.
The stream is located within a riparian corridor which varies from a few feet wide to
approximately 20 feet in width.
Generally, no land surface modification may take place and no structures or improvement
may be located in a regulated wetland or within the setback area from a regulated
wetland, except as allowed under FWCC Sections 22-1358 and 22-1359. The city may
allow pedestrian access through a regulated wetland in conjunction with a public park
provided the access is designed to protect the wetland from any adverse effects or impacts
of the access. The Director of Community Development Services may also permit the
placement of minor improvements such as footbridges, walkways, and benches within the
setback area of a regulated wetland if approved through process I.
Wetland #2 extends to each side of the BPA easements near the middle of the site. Due
to the site constraints near the south project limits, the trail must cross wetland #2 and
its associated setback area. Approximately 430 square feet of wetland #2 will be impacted
by the placement of fill material within the wetland. To minimize wetland impacts, the
trail crossing is in the same location of an existing access road crossing currently used
by BPA maintenance vehicles. A culvert crosses under the existing maintenance road in
order to allow the surface water to flow toward Panther Lake at the south. Earthwork
will occur within the wetland and 100 foot wetland setback area and is unavoidable in
order to meet the requirements of the American with Disabilities Act (ADA).
Wetland #1 is at the far south end of the site and is associated with Panther Lake. An
unnamed minor stream crossing the trail corridor at the south end of the site drains into
Panther Lake. The trail proposal includes a request to culvert approximately 100 feet of
the minor stream to allow the trail to cross the stream. Culverting the stream would
impact approximately 2,065 square feet of wetland #1 associated with the stream
4
corridor. After the trail crosses the minor stream, the trail turns toward the south and is
proposed within the 100 foot setback of the wetlands associated with Panther Lake. No
additional encroachment into wetland # 1 is proposed other than the culvert placement
and associated fill material. Improvements presently located within the 100 foot buffer
of wetland #1 include drainage facilities, a bio-swale and a vehicular parking area. The
trail is proposed 40 feet from the edge of wetland #1 at the closest point.
Mitigation for wetland impacts is addressed in a wetland Mitigation Program by Otak
Inc. dated March 28, 1996 (Exhibit F). Encroachment into wetlands for this type of use
is allowed subject to administrative approval. Encroachments into wetland setback areas
for this type of use are allowed pursuant to Process I review. See Section XI for further
discussion regarding this issue.
4.
Veeetation: The site is vegetated primarily with second-story vegetation and
ground cover consisting of salal, sword fern, berry vines, grasses, and scotch broom.
Some trees exist within and near the edges of the easement. Trees which begin to grow
near power lines are routinely removed by the Bonneville Power Administration.
This trail use is required to provide a ten foot wide type 3 visual buffer adjacent to the
site perimeter pursuant to FWCC section 22-1566(b). Much of the trail corridor and the
site perimeter is currently vegetated. However, landscaping may be required between
fill area #2 and the adjacent residential lots fronting on 4th Avenue SW, if the natural
vegetation is insufficient to create a type 3 buffer, or if the vegetation is damaged as a
result of the fill. The same buffer requirements must be met adjacent to the Cove
Apartments property near the east end of the corridor, as the trail is proposed
approximately 10 feet from the north property line. Approval of a landscape plan is
required for any proposed landscaping prior to issuance of construction permits.
Vegetation within the wetlands is discussed in detail in the wetland delineation report.
5.
Wildlife: Birds and small animals inhabit the subject site, however, their population and
species are limited due to the surrounding development. Panther Lake to the southeast
provides significant wildlife and waterfowl habitat as an open water system.
6.
Sensitive Areas:
A. Steep Slopes:
Approximately 1,000 feet west of 1st Way, is a geological hazardous area, as the slopes
in this area exceed 40 percent. The steep slopes exceeding 40 percent slope have been
designated as geologically hazardous. Alderwood gravelly sandy loam (AgD) soils
extend across the entire width of the BPA corridor in a narrow band west of 1st Way.
A segment of the trail must cross the steep slopes in some location. According to the
SEP A checklist, there is no evidence of landslide in this area, and the potential for a
geologic hazard is most likely due to the fact that AgD soils are subject to severe erosion
in steeper sloped areas.
Potential erosion hazards could occur if mitigation measures are not imposed. However,
5
any erosion-related impacts during clearing and construction activities will be mitigated
in accordance with a Temporary Erosion/Sedimentation Control (TESC) plan to be
reviewed and approved by the City of Federal Way. Measures to control erosion could
include siltation fencing, catch basin inlet protection, and sedimentation control.
A specific analysis of geotechnical conditions and recommended design standards related
to steep slopes has been provided. Terra Associates has provided a preliminary
geotechnical assessment dated October 12, 1996, of the site conditions along the trail
corridor (Exhibit G). The recommendations of the geo-technical engineer will be
implemented in the final design plans of this project.
The city has conducted an administrative analysis of required decisional criteria for
proposed intrusions on and within 25 feet of geologically hazardous areas pursuant to
FWCC section 22-1286 (Exhibit I). This analysis is incorporated into this staff report
by reference as though set forth in full.
B. Wetlands:
Any filling and grading within a wetland, stream, or associated setbacks for this type of
use is subject to administrative review or process I review and must be included as part
of the overall Use Process III review by the Hearing Examiner and City Council. In the
event that the city approves the placement of cut/fill within required wetland setback
areas, mitigation of impacts resulting from this work will be addressed through
implementation of an approved wetland mitigation plan meeting the requirements of
FWCC section 22-1358(e).
The applicant submitted a wetland delineation report by Otak Inc., dated November 10,
1995 (Exhibit E). The delineation identified two wetlands on the site. Wetland #1 is
located near the south end of the site and is associated with Panther Lake. Wetland #2
is a small wetland near the center of the site. The site plan proposes intrusions into both
wetlands.
In accordance with code requirements, a wetland mitigation program dated January 16,
1996, and revised March 28, 1996, was prepared by Otak Inc. (Exhibit F). Except as
recommended in Section XV of this staff report, the wetland mitigation program
sufficiently addresses mitigation of impacts to the stream, wetland, and their associated
buffers. Final construction plans will be required to reflect the approved wetland
mitigation plan.
The City has conducted an administrative analysis of the wetland intrusions pursuant to
FWCC section 22-1358(b) (Exhibit J). FWCC section 22-1358(b) allows public access
through a regulated wetland in conjunction with a public park. The wetland analysis
includes the two following conditions of approval: interpretive signs should be placed
around the wetland areas for educational and informational purposes, and a construction
schedule shall also be submitted and approved for implementation of the wetland
mitigation program. The conditions of the wetland intrusion approval have been
incorporated into the Process III recommendation.
6
Review and approval to encroach into a regulated wetland setback area for this type of
use, and to place a stream in a culvert, are normally subject to Process I and criteria
outlined in FWCC Section 22-1359 and 22-1309. However, since this project requires
approval through Process III, these requests will also be decided upon through Process
III. This is based on FWCC Section 22-387, which states that if the development, use,
or activity that requires approval through Process I is part of a proposal that also requires
approval through Process III, the entire proposal will be decided upon using Process III.
Section XI of this report contains a full analysis of the wetland setback intrusion and
stream culverting proposal.
VII.
NEIGHBORHOOD CHARACTERISTICS
The property is located in an urbanized residential area. A portion of the trail is located on the
property for the King County Aquatic Center. An interlocal agreement or easement should be
created for the trail use and construction on King County property.
Urban utilities and services are nearby to service the site.
surrounding area include the following:
Current uses of the site and
Site:
North:
South:
East:
Developed with BP A transmission lines and support structures.
Multi-family and single family developments.
Weyerhauser/King County Aquatic Center, SW Campus Drive.
1st Way South, multi-family dwellings, Panther Lake regional
stormwater detention pond.
Single family residential.
West:
VIII. GENERAL DESIGN
The trail system will be designed for a variety of recreational uses. The main trail will be a
width and gradient suitable for such uses as walking, bicycling, rollerblading, etc., and for
accessibility by people with physical and ambulatory limitations. A pedestrian and bicycle signal
is proposed for the crossing at 1st Way South. The signal will be designed by a licensed
engineer, and will include signage, striping, and curb cuts. The trail design will meet the
requirements of the American with Disabilities Act (ADA).
Proposed amenities include concrete trailhead plazas, trail signage, and wetland enhancement.
Signs will be installed along the trail corridor to control trail use, direct trail users, and identify
points of interest.
Future amenities not included in this proposal may include a parking lot at 1st Way South, and
additional landscaping. Additional review and permitting will be required for future amenities.
IX.
TRANSPORTATION
1.
Traffic Generation: According to the Federal Way City Code, parking demand for
7
recreational facilities of this type are determined on a case by case basis. Parking stall
quantity standards are difficult to determine for this type of use. The purpose of the trail
is to encourage alternative modes of transportation, Le., walkers and bicyclists, thus
reducing the number of vehicle trips.
The BP A trail is primarily used by people who live or work near the trail, and these
people walk, run, or bicycle to the trail from home or work, thus creating minimal
parking demand. Currently, due to the limited total length of the trail including phase
I and II, the BP A Trail is not considered a destination trail such as the Interurban Trail
or the Burke Gilman Trail. The limited length of the trail creates a low parking demand
as most users are from nearby.
Twelve parking stalls were constructed with Phase I of the BP A trail at SW 324th Street
and 11th Place South and has been sufficient for current trail usage. The twelve stall
parking lot will also serve Phase II of the trail. In addition, street parking is available
near the trailhead at 1st Way South. The Federal Way Parks and Recreation Department
has not identified any shortage of parking facilities for Phase I of the trail. If the existing
parking becomes insufficient in the future, the Parks Department has identified a location
adjacent to 1st Way for a future parking lot. The Parks Department will continue to
monitor usage of parking facilities associated with this project.
x.
PUBLIC SERVICES
1.
Parks and Open Space: The proposed facility will create a functional multi-use trail
system which invites and encourages public use for recreation and intermodal
transportation (walking/biking to work, school, shopping, etc.) within the city.
The applicant proposes to connect the trail to the West Campus Trail to the north, and
to the Aquatic Center proposed north parking lot. The trail connections will help
maximize use of the trail by adjacent residents and employees.
2.
Fire Protection: Maintenance and emergency vehicle access will be provided by
removing bollards at the trailhead plazas on Campus Drive and at 1st Way South.
XI.
REQUESTS TO MODIFY SECTIONS OF THE FEDERAL WAY CITY CODE
1.
Request to Encroach Into a Rel!ulated Wetland Setback Area (Process I Approval
Required for This Type of Use)
Review and approval to encroach into a regulated wetland setback area are normally
subject to Process I and criteria outlined in FWCC Section 22-1359. However, since this
project requires approval through Process III, the request to encroach into the wetland
setback area will also be decided upon through Process III. This is based on FWCC
Section 22-387 which states that if the development, use, or activity that requires
approval through Process I is part of a proposal that also requires approval through
8
Process III, the entire proposal will be decided upon using Process III.
Earthwork will occur within the lOO-foot wetland setback area of both wetland #1 and
#2 and is unavoidable in order to meet the maximum grade allowances of the American
with Disabilities Act (ADA), and because the wetland crosses the entire width of the BPA
easement.
According to FWCC Section 22-1359(c), "... minor improvements such as footbridges,
walkways and benches may be located within the setback area from a regulated wetland
if approved through process I based on the following criteria: II
(a)
Staff
Response:
(b)
Staff
Response:
(c)
"It wül not adversely affect water quality."
The proposed improvement within the setback area will not adversely
affect water quality. Areas within the wetland setback area will be
revegetated per an approved wetland mitigation program, thus helping to
maintain satisfactory water quality. The proposed improvements are also
not subject to vehicular traffic on a regular basis, therefore, not
promoting contamination of rainwater runoff. Page 3 in the
environmental goals and objectives section of the wetland mitigation
program states: "... the emergent plantings, grasses and other vegetation
proposed in the mitigation area will act as filtering agents to improve
water quality by filtering out sediments, pollutants, nutrients and other
undesired agents. "
"It will not destroy nor damage a significant luzbitat area. "
Both wetlands and setback areas have experienced intrusion by
maintenance vehicles and individuals riding bicycles or running within
the BP A easement. According to the Wetland Delineation Report, the
function and value of wetland #2 is moderate.
Existing vegetation within the setback area of wetland # 2 will be
supplemented with additional vegetation which will provide increased
habitat value over what presently exists. The wetland mitigation
program states: "... the introduction of more diverse native vegetation
will improve the wildlife habitat value of the existing corridor and attract
birds and wildlife to the area. As an open space corridor, the existing
easement provides an important function for wildlife movement within
an established area. II
The 100 foot wetland setback area of wetland #1 is currently encumbered
with stormwater facilities, a bio-swale, and a parking lot.
"It will not adversely affect drainage or storm water retention capabilities."
9
Staff
Response;
(d)
Staff
Response;
(e)
Staff
Response:
Conclusions:
Drainage and storm water retention capabilities will not be affected by
the proposed improvements within the wetland setback area. Storm
water capacity for this drainage area will not decrease, as the wetland
mitigation program proposes to create 5,000 square feet of wetland for
compensation of impacting 2,495 square feet of wetland. The wetland
report states: " ... the wetland will continue to act as an infiltration pond
to hold and filter water back into the ground, recharging the aquifer but
with a greater overall area. It will also increase the overall water
holding capacity for flood control."
"It wül not lend to unstable eanh conditions nor create erosion haZllrds."
Landscaping within the proposed setback area will minimize the erosion
potential. Approval of a TESC plan is required prior to issuance of
construction permits. Storm drainage runoff from the trail will be
collected in adjacent side ditches and directed into infiltration trenches,
which will also minimize erosion potential caused by runoff.
"It wül not be materially detrimental to any other property in the area of the
subject property nor to the City as a whole including the loss of significant open
space or scenic vista. "
One objective in creating the multi-use trail is to create an attractive open
space environment which provides an enjoyable experience for trail users
and added aesthetic value and recognition to the city. Some adjacent
uses to the trail corridor will have opportunities to connect directly to the
trail. In addition to replacing the square footage of impacted wetland at
a 2: I ratio, the proposed wetland mitigation program creates a wetland
system of higher quality, diversity, and biological function. Construction
of the trail within the setback areas of wetland #1 and #2 is necessary
due to the linear nature of the trail and the irregular long and narrow
shape of the property.
It is not expected that development of the proposal within the wetland
setback area will be materially detrimental to other properties in the
area.
The proposed intrusions into the wetland setback areas for this type of land use requires
review through the Process I review. However since this project is being reviewed
through Process III review, the wetland setback intrusions shall also be reviewed under
Process III. The proposed intrusions meet the decisional criteria of FWCC Section 22-
1359( c) as discussed above, therefore, approval of the wetland setback intrusions are
recommended.
10
2.
Request to Culvert 100 feet of a Minor Stream. (Process I Approval ReQuired)
Review and approval to culvert a stream are normally subject to Process I and criteria
outlined in FWCC Section 22-1309. However, since this project requires approval
through Process III, the request to culvert the stream will also be decided upon through
Process III. This is based on FWCC Section 22-387 which states that if the development,
use, or activity that requires approval through Process I is part of a proposal that also
requires approval through Process III, the entire proposal will be decided upon using
Process III.
The applicant has requested approval to place approximately 100 feet of the minor stream
into a culvert (Exhibit F). Pursuant to FWCC Section 22-1309, the three following
criteria which must be met in order to culvert a stream.
(a)
"No significant habitat area will be destroyed."
Staff
Response:
Placement of the culvert will require filling a portion of the
stream. This portion of the stream associated with wetland #1
is rated as moderate for wildlife habitat due to the abundance of
reed canary grass which does not support a variety of wildlife.
The total proposed fill associated with the culvert is 2,065 square
feet. Placing a culvert in this portion of the stream will result in
the loss of some moderate quality habitat area. Mitigation of the
lost wetland area will be compensated at a 2: 1 ratio and should
result in a net increase of higher quality habitat area.
Recent approval of the Aquatic Center parking lot expansion
included similar approval to culvert a portion of the same
stream. Another segment of the stream is also in a culvert
upstream from the Aquatic Center.
(b)
"It is necessary for some reasonable use of the subject property. Convenience
to the applicant to facilitate general site design will not be considered. The
applicant must demonstrate, by submitting alternative site plans showing the
stream in an open condition, that no other reasonable alternative exists."
Staff
Response:
A crossing of the stream is required at some location of the
stream and the proposed crossing location creates the least
impact to the stream and the surrounding area. As required by
code, the applicant has investigated other alternatives for the trail
to cross the stream.
In a letter from Otak dated January 16, 1996, the project
manager states that the it is possible to bridge over the stream
(Exhibit H). The applicant has stated that bridging over the
stream may still require impacts within the stream including fill
11
material, pilings, and bridge abutments. The bridge design
would impact the stream and wetland areas and would also add
substantial costs to the project. Two specific bridge alternatives
are discussed below.
Alternative 1: A 60 foot by 16 foot bridge estimated cost of
$59,055.00, which is 2.3 times higher than the proposed culvert
option cost. The trail is required to meet minimum W ASHDOT
curve radii standards. Bridge option #1 is a straight bridge
crossing and a curve on the trail would have to occur directly
south of the bridge crossing adjacent to the King County
Aquatics Center parking lot. This would impact the slope below
the parking lot, and require additional retaining walls. As
proposed, the curve occurs over the culvert, lessening the impact
towards the parking lot.
Alternative 2: A 95 foot by 16 foot curved bridge, the costs of
a curved bridge would increase the cost of the project
significantly. The estimated cost of bridge alternative #2 is
$82,225.00 which is 3.3 times the cost of the culvert option cost
of $24,700.00. As would bridge alternative #1, this bridge may
also impact the stream with pilings, bridge abutments, and fill
material.
Both alternatives #1 and #2 above significantly increase the cost
of the trail construction project. Also, the bridge designs do not
avoid impacts to the stream.
(c)
"The culvert must be designed and installed to allow passage of fish inhabiting
or using the stream. The culvert must be designed large enough to
accommodate the 100 year storm."
Staff
Response:
The culvert will match the size of the existing culverts directly
upstream, and will be sized to accommodate the 100 year storm.
The culvert will facilitate use by fish, however, there are no
resident or migratory fish known to be within the minor stream.
(d)
"The applicant shall at all times keep all culverts on the subject property free
of debris and sediment, so as to allow free passage of water, and if applicable
fish. The City shall require a bond under section 22-146 et seq. to ensure
maintenance of the culvert under this section. "
Staff
Response:
The park facility is owned and maintained by the City of
Federal Way Parks, Recreation, and Cultural Services
Department. Maintenance of the culvert will be provided by the
Parks Department or Public Works Department. Financial
12
XII.
XIII.
bonding does not apply as the city is the proponent of the
project.
Conclusion:
The proposal to culvert the stream requires review through the Process I review.
However since this project is being reviewed through Process III review, stream
culverting shall also be reviewed under Process III. The request to place a 100 foot
section of the stream into a culvert is consistent with a recent decision for the Aquatic
Center expansion, does not result in more significant impacts then the proposed bridge
alternative, and the request meets the decisional criteria in FWCC section 22-1309.
COMPREHENSIVE PLAN
The application is governed by the 1995 Federal Way Comprehensive Plan "CityShape".
proposal is not in conflict with the policies of the comprehensive plan.
The
HEARING EXAMINER AND CITY COUNCIL DECISIONAL CRITERIA
Pursuant to FWCC section 22-490, the Hearing Examiner may recommend approval of the
Process III application only if the following decisional criteria are met.
(a)
"The project is consistent wiJh the Comprehensive Plan. "
Staff
Response:
The site is designated as Open Space by the Comprehensive Plan Map. The
proposed development has been reviewed for conformance with applicable land
use and natural environment policy elements of the comprehensive plan. The
project is also consistent with the 1995 Comprehensive Parks, Recreation, and
Open Space Plan. If approved as proposed and recommended by staff, the project
will be in conformance with the comprehensive plan.
(b)
"The project is consistent wiJh all applicable provisions of the FWZC. "
Staff
Response:
Development of the site is required to comply with provisions of the Federal
Way City Code, Environmental Policy Code, and all other applicable
development codes and regulations. The city's Community Development Review
Committee has reviewed the proposal in relation to these development codes and
regulations. As proposed and recommended by city staff, the development will
comply with all applicable codes and regulations.
(c)
"The project is consistent wiJh the public health, safety and welfare."
Staff
13
Response:
The proposed development is consistent with the City of Federal Way
Comprehensive Plan, zoning code, and other applicable development regulations.
Approval of the BP A Trail Phase II would permit development of the site
consistent with the Parks and Open Space classification of the city's
comprehensive plan. Development of the site in accordance with applicable
development codes and regulations will ensure that public health, safety and
welfare is protected.
XIV.
FINDINGS OF FACT AND CONCLUSIONS
Based on an analysis of the proposed action, the environmental record, and related decisional criteria,
the Department of Community Development Services finds that:
1.
The site is designated as Parks and Open Space land use classification by the City of Federal Way
Comprehensive Plan.
2.
The site is currently zoned RS 7.2, RS 9.6, and RS 35.0 (Single Family Residential).
3.
The proposal is to construct a twelve foot wide, approximately 4,800 foot long, multi-purpose trail.
Connection spurs will be constructed to the King County Aquatic Center parking lot, to the West
Campus Trail, and to a lookout point in the southwest segment of the corridor.
4.
The site is currently developed with BPA transmission lines and support structures. The site is
currently used informally by the public for recreation including, walking, hiking, and bicycling.
Surrounding land uses include single family residential, multi-family, the King County Aquatic
Center, and Panther Lake Regional stormwater detention pond.
5.
A determination of nonsignificance was issued for this proposed action on March 2, 1996. The
comment and appeal period for this determination was completed on April 1, 1996. This
determination is incorporated by reference as though set forth in full.
6.
Public services including fire and police protection are available to the site. Removable bollards at
the trailheads will allow emergency vehicles to access the trail.
7.
Proposed surface water facilities have been designed in accordance with requirements of the 1990
King County Surface Water Design Manual. Final storm drainage plans will be reviewed and
approved prior to issuance of construction permits.
8.
Public access to the site will be located at the trailhead at 1st Way South, at the trailhead adjacent
to SW Campus Drive, and at the parking lot at 324th Street constructed during Phase 1.
9.
The proposed development is located on and within geologically hazardous areas, stream, and
wetland areas. Recommended conditions will ensure minimal disruption and impact to these areas.
10. A specific analysis of geotechnical conditions and recommended design standards related to steep
slopes has been provided. Terra Associates has provided a preliminary geotechnical assessment of
the site conditions along the trail corridor dated October 12, 1996, (Exhibit G). The
14
recommendations of the goo-technical engineer will be implemented in the final design plans of this
project.
11. The city has conducted an administrative analysis of required decisional criteria for proposed
intrusions on and within 25 feet of geologically hazardous areas pursuant to FWCC section 22-1286
and granted preliminary approval (Exhibit I). This analysis is incorporated into this staff report by
reference as though set forth in full.
12. The applicant submitted a wetland delineation report by Otak Inc., dated November 10, 1995
(Exhibit E). The delineation identified two wetlands on the site. Wetland #1 is located near the
south end of the site and is associated with Panther Lake. Wetland #2 is a small wetland near the
center of the site. The site plan proposes intrusions into both wetlands.
13. In accordance with code requirements, a wetland mitigation program dated January 16, 1996, and
revised March 28, 1996, was prepared by Otak Inc. (Exhibit F). Except as recommended in Section
XV of this staff report, the wetland mitigation program sufficiently addresses mitigation of impacts
to the stream, wetland, and their associated buffers. Final construction plans will be required to
reflect the approved wetland mitigation plan. As indicated in the wetland mitigation program,
interpretive signs should be placed around the wetland areas for educational and informational
purposes. A construction schedule shall also be submitted and approved for implementation of the
wetland mitigation program.
14. The City has conducted an analysis of the wetland intrusions pursuant to FWCC section 22-1358(b)
(Exhibit J). FWCC section 22-1358(b) allows public access through a regulated wetland in
conjunction with a public park, and granted preliminary approval. This analysis is hereby
incorporated by reference as though set forth in full.
15. Review and approval to encroach into a regulated wetland setback area for this type of use, and to
place a stream in a culvert, are normally subject to Process I and criteria outlined in FWCC Section
22-1359 and 22-1309. However, since this project requires approval through Process III, these
requests will also be decided upon through Process III. This is based on FWCC Section 22-387,
which states that if the development, use, or activity that requires approval through Process I is part
of a proposal that also requires approval through Process III, the entire proposal will be decided
upon using Process III.
16. The city has conducted an analysis of required decisional criteria for proposed intrusions within 100
feet of wetland areas, and for culverting a stream pursuant to FWCC sections 22-1359(c), and 22-
1309. This analysis is contained in Section XI of this report and is incorporated into these findings
by reference as though set forth in full.
17. A portion of the trail is located on property owned by King County. An interlocal agreement,
easement, or other written agreement should be executed to allow construction on King County
property.
18. To the maximum extent feasible, existing natural vegetation will be maintained onsite. As proposed
the trail at its nearest point would be located 80 feet from a single family lot in Division Five of The
Ridge, located on 4th Avenue SW. Near the east end of the site, the trail is proposed approximately
10 feet from the Cove Apartments to the north. FWCC Section 22-1566(b) requires 10 feet of type
15
III landscaping adjacent to property lines of this type of use in the RS zone.
19. The proposed trail applications and application attachments have been reviewed for compliance with
the Federal Way Comprehensive Plan, pertinent zoning regulations, Environmental Policy
Ordinance, and all other applicable city regulations. As proposed and as recommended by staff, the
project is consistent with the comprehensive plan and all applicable codes and regulations.
20. Development of the site in accordance with the comprehensive plan and all applicable development
codes and regulations will ensure that the interest of the public's health, safety, and welfare are
protected.
21. The proposed trail corridor is a public park and is permitted by the Federal Way City Code Section
22-646, subject to Process III review.
22. Site plan approval was issued for the project pursuant to FWCC section 22-366. The site plan
approval is hereby incorporated into these findings as though set forth in full.
23. The proposed development, as recommended with conditions, is consistent with decisional criteria
required under FWCC sections 22-490, 22-1309, and 22-1359.
XV. RECOMMENDATION
It is recommended that the application of the Federal Way Trail Corridor Phase II be granted
approval subject to conditions listed below:
1.
The applicant shall prepare and submit to the Department of Community Development Services, an
interlocal agreement, easement, or other written agreement acceptable to the City Attorney for any
construction work or facilities located on King County property. The document shall be reviewed
and approved by the City Attorney prior to issuance of construction permits.
2.
Interpretive signs for educational and informational purposes describing wetland functions, values,
and habitat shall be located along the trail on both sides of wetland #2, and along wetland #1 in three
places at approximately 300 feet on center. Sign text, size, and location shall be reviewed and
approved by the Department of Community Development Services prior to issuance of construction
permits.
3.
A construction schedule addressing timing of wetland impacts and timing for completion of
mitigation of impacts shall be submitted to and approved by the Director of Community
Development Services prior to issuance of construction permits.
Transmitted to parties listed hereafter:
Federal Way Hearing Examiner
16
Developer: Federal Way Parks, Recreation and Human Services Department
Contact: Barbara Simpson
33530 1st Way South
Federal Way, WA 98003
(206) 661-4048
OTAK Inc.
Contact: Mandi Roberts
620 Kirkland Way, Suite 100
Kirkland, Washington 98033
(206) 822-4446
I:\misc\bpatrlrp.I
17
Vicinity Map
~
%\
'."" "
WI'. "
\ .'OOK.ÎI
,,\AKE U
356'"
~:
r
"
r"'-HB\T - L
r. ,-;:~ OF ~"
Federal
Way
BPA
T r ail
Ph a II e
I I
2
otak
6163\APl'LJCAT.WPD 118U1
.
.,~Jj!~¡
~" ,"06
,-=1
f:::=1
w
('f)
~
~
~
I
~
0
Q
F==j
~
~
0
. ()
! '
~
: f:::=1
i~
I~
F
~
~
~
d
~
~
w
Q
w
[
N\,,'d A~\"NI~n:nld -z; 3S\"Hd III i!i.'.1 ~. l:
. oooso 'v" 'AV" 'V1;I303'" 'H-LnOS AV" -IS, OOSO" AVa, ,V>l303'" "'0 A~I~. i IJ!i ~! 1° 1
~O(TT~HO':) ïIV¿-.J.L ^ V M. '1 \1H3 3. . ; ! Ii t !~1
Ii
!!
, "
z
0
¡::
0
w
en
..J
;(
a:
I-
z
:(
~
..J
:(
a:
I-
a:
0
I-
OZ
wo
z-
zl-
00
om
0
I ~
I ~
w
:;
is
~e
/
J. III, 1 ¡
~& J~ ~. 06
N'Vîd Á~YNll"ln3~d <: 3SYHd
. cooe8 "'JO, 'AVJO, 'IV>I:aa:u 'H.LnOS AVJO, ./.In ocecc AVJO, "TVV:Ia:u "0 J.../.IO .
HOGIHHO:J 'lIVH.L .A V M 'lVH3:G3:-:I
IIJ !.h
! ~W
~ ~ I.-;
. ¡'i.
1 .1
. t . rj
õ ! ¡:
-. '
x m"s 33<
xx-x YlS JNI1 NO1Y"
~
<I:
Q.
~
..J
i
Q.
é
>-
>-~
~~
:!'!!!
->
~~
~
~
~(D
~~-..:::
;
~
j J J "
0 t H
-.j ¡
-~ - ~ '" õ/i
NY1d
A~'V'Nlri":3~d
~ :3S'V'Hd
~
~. lu..
;¡;! ¡O i
t !l'1j
. £0088 "Y'" "A.V... TnCiIO:LI 'H.Ll10S ÁV", J,St 0£9££ ÁV", "tY1I30U ..0 ..u.", .
HOGIHHO::::> 'lIVH.l.. À V.M. 'lVH3:G3:d
""
"""".."..".'.\.~. -.".~.'.'.-
';)~.~t.t: ~r'.\.'.:
- ,-,
. 1 '.
", -,
^ ',-
, ~: ~,,-
-:- "-'"
1 -
I-
~ -,.-
--(,
'~,
'~
- \ 8[
¡go ~
!i :C
¡¡j~
~~ ~{
'"
IV>
!:
"
:;
1
,
. 1 1
". ,
, 1
, 1
, 1
~ 1
I,
, 1
" - ¡
- <'"
I. .
"I
1
..
~
~~
~~
~
,
~-
\
,
~~-..:::
- - -
I
, I
, I
-"'¡----
- \ ,
,
,
:'1
"
I
c
:.. - - - _1-
~
~ 1"-
;;~ 1° 1
t !~1
NYld Á~'\¡fNI~n3~d 'Z: 3S'\¡fHd
I c <;
-o;t~j~~
. cooøe 'Va '"va '1Y>CIO:LI 'H.LnOS "va ,un OCgCC "VJ4 '1Y>CIO:U ..0 ....." .
èIOGIèIèIO::J lI\fèIJ. Ã \f M. l\fèI3:G3:d
~-
.~.
.~.-
c
'"
.v
i~
()Q.
!ñ~
~~
>-
>-g
~~
:!:-
-~
~~
'::; Û-\
~ø.
~~
~(;)
--T--¡---¡--
~ : ~ ! ~ I
, I
-, ,
- - --
,,'I'
I
.;>
I
I
"I>
~I
',()
~'1é <¡;
~,,~c,
_1:¡LP
I
------
,
,
, I ,
,r--=-' , , ;
I , \.;;,
\ I .., -I
,'-.1 J
\'1 I
~---
, l~, ~,~~:
'~!'~~I
..~r ~ :
,¡¡~ ~~,
, I, bl'
2!i,,1"!i'
o';r-,':'-':
, --
, , ,
~- . ,
"---"'r_: ,',: ~'þ II
,--, '
, : ' \ rÞ,::¡ I
"',;' \;,1 7-
",: %' I Y
" '
'%.-:, 'I,' t: i -- \::, "
,'\' -
\;',:,;5",,~,.,>',:~,:..',.,:.~:".',::."."','.'.:",.,:",'",'",~,",,'~-, <~I>-,
.: " >,',," I',"'",' " - "
,', ,'\~,::::~' ..~~,-
. ,I ",I' "ç
. ~. '.~' I " I "I"
.' ,~\ I t"
.'
.()
..,~
~~-.:::
./
(
(
CITY OF .
(206) 661-4000
FEDERAL WAY. WA 98003-6210
ENVIRONMENTAL DETERMINATION OF NON-SIGNIFICÄNCE
APPLICATION NO.: SEP9S-0030
Description of Proposal:
Construction of a 12 foot wide asphalt
recreational trail, along the BPA
Powerline corridor between the 33200
Block of 1st Way South and the 600 Block
of Southwest Campus Drive. The'main
trail will be fully accessible to people
with disabilities and will meet the
Americans with Disabilities Act (ADA).
Eight foot wide connections will be made
to the King County Aquatics Center
parking lot and West Campus Trail. The
project wiil include storm drainage and
infiltration facilities incompliance
with the King County Surface Water
Design Manual.
Proponent: CITY OF FW PARKS AND REC. BARBARA SIMPSON
Location: 33200 BLOCK OF 1ST WAY S.
Lead Agency: city of Federal Way
The Responsible Official of the City of Federal Way hereby makes
the following decision based upon impacts identified in the
environmental checklist, the Federal. Way Comprehensive Plan, the
"Final Staff Evaluation for Environmental Checklist; Application
No. SEP95-0030" for this action, and other municipal policies,
plans, rules, and regulations designated as a basis for exercise
of substantive authority under the Washington State Environmental
Policy Act Rules pursuant to R.C.W. 43.21C.060.
The lead agency for this proposal has determined that it does not
have probable significant adverse impact on the environment, arid
an Environmental Impact statement (EIS) is not required under
R.C.W. 43.21C.032(2) (c). This decision was made after review of
a completed environmental checklist and other information on file
with the lead agency. This information is available to the
public on request.
This DNS is issued under WAC
not act on this proposal for
197-11-340(2) i the lead agency will
15 days from the date of issuance. ~
F'\~H.. .IBIT --=~"~..
PhCS~ OF --
)
Comments must be submitted by 5:00 p.m. on 03/17/96.
Unless modified by the City, this determination will become final
following the above comment deadline. Any person aggrieved of
the city's final determination may file an appeal with the city
within 14 days of the above comment deadline.
contact Person: Jim Harris
Associate Planner
Phone: 661-4000
Responsible Official:
Gregory D. Moore, AICP
position/Title:
Director of community Development
Services
Address:
33530 First Way South, Federal Way, WA 98003
Date issued: 03/02/96 signature:
if ~ /) /UfìfHJ
EXH'~' - C
P' ~. - -----'-L OF_- ~=
...' /
; ,iri
,"
"
"
'" p'"
.'
. " -."
..'
. .
;. .
:.i : ':r.-
. .'
.-
.111'" ~
.. .\:t~. ,,'
'. 30 "~F
AgB .1:.
I-
"~'I'.'
I,
i:
. il-;
r...r
!
1
i
'1
J
j
f
I '
-.10
-...
j
-?
'~
...!
,
/
.I
I
!
. ..
~1
~
<.~
. .
. J
. J
!
.J
',. .
~"¡k
;~~¡;!
. .._~.~ '+:~li~3~~~iiÞ.i~;r.::;:¡t!1,;¡')?;;~;1
. ~
FEDERAL WAY TRAILS - PHASE II
WETLAND DELINEATION REPORT
Federal Way, Washington
""
.
November 10, 1995
E)~HIBIT .( .,
p;\ C S~ 0 F --2e_~
'r
/
I
\
..
Table of Contents
~
~
Introduction ...........................:................1
Site Description ........................;................1
Method .................................................1
Vegetation......................................... 3
Soils ..............................................3
Hydrology ......................................... 3
Evaluation of Wetland Functions. . . . . . . . . . . . . . . . . . .. 4
Results .................................................5
Vegetation......................................... 5
Soils ..............................................7
Hydrology ........................................ 10
Evaluation of Wetland F~rictions ................... 11
WetlandRatings ..................................14
.Conclusion............................................ 15
.References............................................ 19
,;
\
Figures
Figure 1
Figure 2
Figure 3
Figure 4
Figure 5
Site Vicinity Map .............................2
LocationofSite-NWIMap .................... 6
Soil Map .....................................8
Wetland Boundary Map - Wetland #1 .......... 16
Wetland Boundary Map - Wetland #2 .......... 17
Appendices
'W
Appendix A
Appendix B
Appendix C
Wetland Delineation Data Forms. . . . . .. A-I
Wetland Plant Categories. . . . . . . . . . . . .. B-1
Wetland Rating Data Forms. . . . . . . . . . .. C-l
11
r~ ,~, II 1"",\ ~-r- _-_._E
~ I \ ", ~ ~- V ¡~ ~ -
'"
(
Introduction
The City of Federal Way, Waslùngton, is planning to create a trail system through a
Bonneville Power Administration (BP A) power line right-of.way and along the western
edge of Panther Lake. Prior to construction of the trail system, a wetland delineation of
is required for the area within the right-of.way and along the w~stern edge of Panther
Lake would have to be conducted. .
This delineation and report have been prepared in accordance with the Routine Method
outlined in the 1987 Corps of Engineers Wetland Delineation Manual (Technical Report
Y-87-1, U.S. Army Corps of Engineers Waterways Experiment Station, Vicksburg, MS).
Site Description
~
The site is located between 1st Ave. and Campus Dr. (south of 320th St.) in Federal Way
(King County), Washington (T21N, R4E, Sect. 19) (See Vicinity Map, Figure 1). The site
boundaries are 1st Ave in the east, Campus Drive\o the west, and the edge of the power
line right-of-way in the north and south. In the west, the site also includes an area
outside of the powerline right-of-way. In this area, the site includes the southern edge of
the King County Aquatics Center parking lot and the stream that flows into Panther
Lake from the southwest. There are two wetland areas present on this site. The first is
approximately in the middle of the BP A right of way and is in the floodplain of a stream
(Wetland #1). This area is split in two by an existing trail. The second area is at the far
west end of the site. This wetland area includes Panther Lake and two tributaries that
flow into the lake from the northwest and the southwest (Wetland #2).
~
Method
The 1987 Corps of Engineers Wetland Delineation l'vlanual (1987 Manual) requires
evidence of three parameters in order to delineate an area as a wetland. Those
parameters are wetland hydrology, hydric soils, and hydrophytic vegetation.
,.
After determining that a delineation was required at this site, Otak's wetland ecologist
examined available environmental data for the area. This included consultation of
available site maps, USGS topographic maps. King County Soil Survey Maps and Data,
and National Wetland Inventory Maps. The wetland ecologist then conducted a field
examination of vegetation, soils and hydrology at the site. The field work was conducted
on May 2, 1995 at Wetland #1 and on October 17 at Wetland #2. Standard wetland
delineation forms were used to record this information and are attached to this report
(see Appendix A). Using the preliminary research and the field data, the wetland
ecologist then delineated the wetland boundaries. These boundaries were later surveyed
and mapped (" v 1-11 B IT ~"
fACS--3-. OF ~-~
Wetland Delineation Report -Federal Way Trail. Pha"e II
1
otak
projoct,onviron "\(od".y,.,et.rpt 1195.06
;,.
(
~
..
.,
"
j
....~
i
ì
f
~
'.
~
(
,,"
-
.----..
í
f' r C r-,
" .-
¡\ --
OF ~c>
. ...
31TE VICINITY MAP
......
. .
LOCATION OF SITE =: :
. .
. .
......
~/7J55 SW Boon" Fury Rd.
~..-: Lake OsweKo, OR 97035
~., Pho.. (50J) 635-36/8
SOURCE: USGS QUAD MAP - POVERTY BAY, WA
Archll.c'. En9'."" L......,. Archl"c.. PI.nn... Scl..I1...
Fu: (503) 635-5395
SCALE: 1 :24,000
Sur..,... UrO.. 0"'9""
;.,.
/
Vegetation
"'I
In order for an area to be classified as a wetland, a majority of the dominant plant
species found on the site must be hydrophytes (plants adapted to life in saturated soil
conditions). Plant species are categorized according to their likelihood of occurring in
wetlands in the National List of Plant Species That Occur in We ,lands: 1988 National
Summary and in the 1993 Supplement to the List of Plant Species That Occur in
Wetlands: Northwest (Region 9). The categories are; obligate (OBL), facultative wetland
(FACW). facultative (FAC). facultative upland (FACO) or upland (UPL) (see Appendix B).
If greater than 50% of the dominant plant species are 0 BL, F AC, or F ACW, the
vegetation is considered to be hydrophytic. The USFWS wetland classification system
was used to classify wetland habitats (Cowardin, et aI., 1979).
. .
Data collection points representative of each vegetation community present were selected
during a walk-through of the project site. A sampling unit with a 5-foot radius (approx.)
for the herb layer, a 15-foot radius for the shrub layer. and a 3D-foot radius for the tree
layer was used for the survey. Within each samplÍÌ1g unit, dominant plant species were
identified and percent cover for each species was estimated in 5 percent increments.
Soils
The 1987 Manual defines wetland soil as soil that is "... saturated, flooded, or ponded
long enough during the growing season to develop anaerobic conditions that favor the
growth and regeneration of hydrophytic vegetation." Among the acceptable field
evidence of non-sandy mineral wetland soils is gleying, soils with a chroma of I, or soils
with a chroma of 2 or less with bright mottles. Chroma is the intensity of a color and a
low chroma indicates that the soil has been exposed to reducing conditions. Mottling of
the soil indicates a fluctuating water table that allows the soil to become oxidized for
parts of the growing season.
The Soil Conservation Service (SCS) Soil Survey for the King County Area (USDA, 1973)
was consulted to identify soil types potentially present within the project area. The SCS
list of Hydric Soils for King County was also examined to determine if any of the soils
within the project area were classified as hydric (USDA, 1989). Hand-dug soil pits (12 to
18 inches deep) were used to inspect soils at each data collection point and in numerous
places along the wetland boundary areas. The soil texture. matrix color and the presence
and color of mottles or gleying were recorded.
Hydrology
In order for a site to have "wetland" hydrology as defined in the 1987 manual, it must be
inundated or saturated by water to the surface for at least 5% of the growing season.
Areas that are inundated or saturated to the surface for 5 to 12.5% of the growing season
may meet the requirement for wetland hydrology. Areas that are inundated or saturated
to the surface for over 12.5% of the growing season always have wetland hydrology.
¡.~-"\ ." ! I ..,'~. ~, T e:'
, ... --.: ~
¡, ..,-'..
Wetland Delineation Report -Federal Way Tr,Oil. Ph'~ll . -:1
~'r\¿:= OFot~~___1
pro¡ect'.nviron \ledw.y\w.t.'1>t 1195.06
-,.
(
The hydrology of the site was noted by' documenting drainage patterns. the presence of
surface water, depth to the water table. depth to saturated soil and evidence of
inundation (i.e., drift lines. water marks, oxidized root zones, plant adaptations, surface
scour, sediment deposits, drainage patterns and water stained leaves) at each of the data
collection points.
Evaluation of Wetland Functions
.-
As functioning biological systems, wetlands can serve an ecosystem in a number of
capacities. The level at which a wetland functions is termed its value or functional value.
It is this value that the regulations intend to protect in the "no net loss" rules.
.J.
The wetland's functional values were evaluated based on the Wetland Evaluation
Technique (WET); Volume IL' Methodology (Operational Draft Technical Report Y-87-1,
US Army Engineer Waterways Experiment Station, Vicksburg, MS) so that potential
impacts could be evaluated for mitigation and permitting purposes.
{,
(
In addition, the wetlands at the site were rated using the Washington State Wetlands
Rating System for Western Washington (Wash. Dept. of Ecology, 1993). As a part of this
task, a search of the Washington Department of Fish & Wildlife's Priority Habitats &
Species and Natural Heritage Wildlife Databases and the Washington Natural Heritage
Program Databases was initiated. The ratings forms for the wetlands are attached to
this report (See Appendix C).
. -
.
.
j
~
:~
:-"'U!8IT 1
rh~::---"- OF ~
Wetland Delineation Report -Federal Way Trail. Phase II
4
otak
pn>ject'.nv;",n\t.dway'w.,.rpt 1195.00
'r
(
Results
Vegetation
...
Wetland #1
The herb layer in this wetland is dominated by reed canary gras~ (Phalaris anmdinacea) ,
which forms an almost complete monoculture in some areas. The western edge of the
wetland does have some shrubs including spiraea (Spiraea douglasÜj and Himalayan
blackberry (Rubus discolor). In the uplands surrounding the wetland. the most
prominent plant is tansy (Tanacetum vulgare). Reed canary grass does occur outside of
the boundaries of the wetland at this site. It has spread by rhizomes up slope into the
non-wetland areas. The shrub community in the non-wetland areas is dominated by
Scotch broom (Cytisus scoparius), Himalayan blackberry, and salal (Gaultheria shallon).
There are no trees in either the wetlands or the uplands that surround it because of the
vegetation management activities of the power company. There is fill from an earlier
trail construction project to the south of this wetlé~.pd
"1
..
Downstream from the fill and the culvert placed through it, there is another area of
wetland. The herb layer of vegetation in this wetland is dominated by reed canarygrass
although it is not nearly as prevalent as in the area upstream from the culvert. Creeping
buttercup (Ranunculus repens) is also present, particularly within the area of flowing
water. There are some small trees along the stream in this area. Most are red alder
(Alnus rubra) but there are also some young black cottonwoods (Populus balsamifera).
The area outside of the wetland is dominated by scotch broom, tansy, and various upland
horticultural grass varieties.
The National Wetland Inventory identifies the wetland at this location as a riverine
intermittent streambed wetland that is intermittently flooded (See NWI Map, Figure 2).
This categorization is not entirely correct because the f1oodplain of the creek is more
accurately characterized as a palustrine emergent wetland that is intermittently flooded.
Wetland #2
The wetland along the northwestern tributary of Pà'nther Lake is dominated by red alder
and black cottonwood along most of its length. The understory is composed of willow
weed (Polygonum lapathifolium), deadly nightshade (Solanum dulcamara), and western
dock (Rumex occidentalis). Hydrophytic vegetation quickly diminishes in dominance as
one goes up slope from the stream channel. The upland community on either side of the
wetland is dominated by scotch broom, tansy, cottonwood. rye grass (Lalium perenne),
and bentgrass (Agrastis sp.).
. t
Along the western shore of Panther Lake, there is a scrub/shrub community dominated
by black cottonwood, spiraea, and Pacific willow (Salix la.siandra). The herb layer in this
area is dominated by reed canarygrass, bentgrass, and tansy. Along the southern shore
of the lake, approximately 50% of the plant species are hydrophytic so this area did not
meet the criterion for hydrophytic vegetation on the date of the fiel,d. -v.;,qrf..:.J T~'.. hTb1
l ,!. t
. .. . ~
Wet I and Del i n eat ion R e po r t - Fed era I Way T r a i I P/{(!,~~oCJF ~~
project\environ\!edway\wet.r¡:>t 1195.06
-.
(
\
.......
LOCATION OF SITE =L.J
Fn~ ~:J~ OF~~Q~~
FIGURE 2
NWIMAP
. ~ABH. Palustrine Aquatic Bed Permanently Flooded
.~EMF - Palustrine Emergent Semlpermanently Flooded
PSSC - Palustrine Scrub/Shrub Seasonally Flooded ~Lat, Orw'Ko. OR 97035
R4SBC . Riverine Intermittent Streambed Seasonally Flooded
:...II ....-: Phou 1503) 635.36/8
SOURCE: National Wetlands Inventory - Poverty Bav Wa Scale: 1:24 ooo~ JIll" Far 1503) 635.5395
Ar.hlt.... hfl..... ll...'.p, ArChil.... PI...... Sello.Io.. Sur..,... ur¡.. OUlt....
/7J55 SW Boonu Fur.y Rd.
/
layer of the plant community is dominmed by English plantain, tansy, and knotweed
(Polygonum aviculare). It is obvious from the hydrology indicators (see hydrology
section) that this area would meet the vegetation criterium if it were examined earlier in
the season. Because there is a pronounced dry and wet season in this area, annual
upland plants were able to colonize the site after the level of the lake went down. During
the late spring and early summer there were probably annual h~drophytic plants
present. The shrubs in the wetland area are hydrophytic (cottonwood and spiraea)
indicating that the hydrology of this system has been consistent. Outside of the area
containing strong wetland hydrology indicators, the plant community is dominated by
plants characteristic of disturbed areas with rocky and sandy soils. These plants include
black cottonwood, scotch broom, tansy, English plantain (Plantago lanceolata), and
trailing blackberry.
This wetland is identified in the National Wetlands Inventory as being predominantly a
palustrine aquatic bed that is permanently flooded. The northern portion of the lake is
identified as being a palustrine emergent wetland that is semipermanently flooded and
the southwestern corner is identified as being a pá1ustrine scrub/shrub wetland that is
seasonally flooded (See Figure 2). A greater portion of this wetland than is identified in
the NWI appears to have an emergent class. The area that may be affected by the
proposed trail project is a palustrine scrub/shrub wetland.
The bioswale along the southern edge of the Aquatic center parking lot is dominated by
willow weed, barnyard grass (Echinochloa crusgallÎ), western mannagrass (Glyceria
occidentalis), perennial ryegrass, and willow herb (Epilobium ciliatum ).
Soils
.:
, ,
The Soil Survey of King County identifies the soils in the middle of the site as belonging
to a mapping unit that is equal parts Everett and Alderwood gravelly sandy loam. The
soils at the western end of the site are identified as Everett gravelly sandy loam on 6 to
15% slopes (See Soil Map, Figure 2.). Alderwood gravelly sandy loam is an entic
durochrept and is a moderately well drained soil that forms under conifer forests in
glacial deposits. The surface layer is very dark brown (lOYR 2/2) gravelly sandy loam.
The B horizon is dark brown (lOYR 4/3) gravelly sandy loam. Everett gravelly sandy
loam is a dystric xerochrept and is a somewhat excessively drained soil that forms in
gravelly glacial outwash deposits. The surface layer is black sandy loam (10YR 2/1) while
the subsoil is dark brown (7.5 YR 3/4) gravelly sandy loam. Neither of these soils is
classified as hydric by the SCS (SCS, 1992).
Included within the Everett and Alderwood mapping unit are inclusions of Norma sandy
loam. Norma sandy loam is a poorly drained soil that forms in basins in glaciated
uplands and along stream channels. The surface layer is typically black (lOYR 2/1) to
very dark brown (lOYR 2/2) sandy loam to a depth of 10 inches. The subsoil is typically
dark grayish brown (2.5Y 4/2) sandy loam with yellowish red (5YR 4/8) and brown (7.5YR
4/4) mottles. Norma soil is a fluventic humaquept. Because ofthe aquic suborder and
r' ,~ ._! ~ 1:-' z '"T" ~
L ""~""""f;iÞ.
Wetland Delineation Report -Federal Way TrailPAt~",e II' oOF~
project\environ\fedway\wet.rpt 1195.06
-..
/
, I
,:::&,' .. ..-
.~, .,/
':'. : ..'
c:. ',' .
¡)sm
u
\~Sk
1\
II
.
.
.
"t~). ~,>
~t::.,
.J"':~;'~:~:"
..t-;.:' .
...,;." ,.ftaa.
".'/ "
. 11", . 364,"
.,;-:. é Ever¡reen /:/ <>
,;.~/ Alrport,/ 0
..'1-.. /,
+<:t-:;.., ':/
",' " "
... . "
....},:,., ,;,
.. ,'.' "
~" , EwC "
::~::/ ~
- .. ~
Ewi;:
. ~=~:ï"¡1
,~,< Î! I
~~'vt" .J "
, ': I,
~"'=;"""'i;
.' ',,\,~~
AmC
18
~
Gsk
...... .. ..,
..........;-~.
.
GSk
AI
')OIL MAP
-'gO - AJderwood Gravelly Sandy Loam
EwC - Everett-Alderwood Gravelly Sandy Loams
JnC - Indlanola Fine Loamy Sand
LOCATION OF SITE
/7355 SW Boo... Fury Rd,
SOURCE: Soli Survey for King County, WA
4'.."BI8 Entl...,. l........ A..."..,. PI....,.
~.. Osw'Jo. OR 97035
=.. ~Pho.. (501) 635.36/8
~" Faz (503) 635.5395
SCALE: 1:24,000
Sur..,.,. u,... Oult..,.
:.U;
-' .
-. .
"'..-
SoI..I1...
-..
"
the poor drainage of this soil it is listed as a hydric soil in the King County list of hydric
soils. The area around Panther Lake is mapped as Alderwood and Everett gravelly
sandy loams and as Indianola loamy fine sand. lndianoia loamy fine sand is a somewhat
excessively drained dystric xerochrept that formed sandy, recessional, stratified glacial
drift. This soil typically lacks an A horizon. The first six inches consists of brown (lOYR
4/3) loamy fine sand. From 6 to 15 inches, dark yellowish brown (lOYR 4/4) loamy fine
sand is present. Below 15 inches, the soil 'is typically 2.5Y 5/4) lóamy fine sand.
Indianola is not listed as a hydric soil.
.,.
Wetland #1
It was not possible to sample the soil to the south of the existing trail crossing because of
the rocky fill used to create the crossing. The soil was assumed to be hydric within the
area of hydrophytic vegetation because of the soil that was present above the trail
crossing. Similarly, it was not possible to sample the soil outside of the area of
hydrophytic vegetation. The soil characteristics here were also assumed from similar
areas just up slope from the area in question. In the area of hydrophytic vegetation
north of the trail crossing, the soil was very dark gray (10YR 3/1) sandy loam to a depth
of 12 inches. Below that depth the soil turned into a slurry because of the presence of the
water table. This is consistent with the hydric soil, Norma sandy loam. Outside of the
proposed wetland boundary, the soils were brown to dark brown (lOYR 3/4 to lOYR 4/3)
gravelly sandy loam to a depth of 12 inches, which is consistent with Alderwood gravelly
sandy loam.
Wetland #2
The soil within the area of hydrophytic vegetation along the northwestern stream
channel was very dark gray (10YR 3/1) sandy loam wlùch is consistent with the
characteristics of Norma sandy loam. Below where the stream flows through a culvert,
the channel bed has been filled with rocky material that makes it impossible to sample
the soil. The soil characteristics were assumed from the areas upstream where they
were identified as Norma sandy loam.
Along the steep banks outside of the stream channel, the soil was Alderwood gravelly
sandy loam. In some locations, the tlùn A and B ho~rizons appear to have been eroded
away because the remaining soil was very gravelly :olive brown (2.5Y 4/3) sandy loam.
The soil may have eroded as a result of the clearing of forest vegetation for the BP A right
of way.
Along the edge of Panther Lake, the soil was very dark grayish brown (2.5Y 3/2) sandy
loam down to 16 inches, except for an anomalous light gray (2.5Y 7/2) clay lens that was
present between 3 and 4 inches. Within that clay lens, there were brownish yellow
(10YR 6/8) mottles which indicated the presence of a fluctuating water table at this
location. This is consistent with the hydrology indicators for the site. Up slope from the
edge of the lake, the soil was a brown (10YR 4/3) loamy sand to a depth of 16 inches.
This appeared to be consistent with Indianola loamy sand which is mapped as occurring
at this location. It is, however, possible that this soil may actually be fill associated with
the construction of the Aquatic center.
r"~ r--' f ~.IT
Wetland Delineation Report -Federal Way TI'rail ..pl,r-ú,,; 1:
", ~- II
ii! \ ~:.... '-"--~=~'=
project\environ\!edway\wet,rpt 1195.06
!'
9c...... '." .~
0 F ota~o
~".Ø!.- '"
-..
j.
The soil along the tributary to Panther"Lake from the west is very dark gray sandy loam
and matches the description of Norma sandy loam. Outside of the area of hydrophytic
vegetation in this area, the soil is dark grayish brown (lOYR 4/2) gravelly sandy loam
which is consistent with Alderwood gravelly sandy loam. Along the flat southern edge of
Panther Lake, the soil is very dark grayish brown (lOYR 3/2) sandy loam with brown
(7.5YR 4/4) mottles at a depth of 4 inches, which is consistent with Norma sandy loam.
Outside of the wetland area, the soil is dark brown (lOYR 3/3) sáhdy loam.
.,
~
The soil within the bioswale was very dark gray (lOYR 3/1) sand on the surface and very
dark gray silty clay loam from 2 inches to 6 inches deep. Below the silty clay loam was
the rocky bottom of the bios wale infiltration field.
..
..
Hydrology
.~
Wetland #1
The hydrology of this wetland is maintained by immdation during flood events and by the
poor drainage of the soil. After the creek floods, the water infiltrates very slowly through
the soil, thereby, maintaining anoxic conditions in the soil. At the time of the fieldwork,
the water table in the floodplain was within a few inches of the surface indicating that
saturation of the soil is also maintained by groundwater. Given the topography of the
site, it is likely that after flood events groundwater discharges from the floodplain into
the creek thereby maintaining baseflow, rather than water in the creek recharging the
water table. The creek itself was a maximum of 6 inches deep at the time the fieldwork
was conducted. Outside of the proposed wetland boundary, there is no evidence of
wetland hydrology and soil saturation does not occur within 16 inches of the surface. The
hydrology of the wetland area to the south of the trail has been disturbed by the
construction of the culvert and by the rock fill that surrounds it. This is partially
responsible for the higher velocity flow and more channelized stream. The result of this
alteration is a more narrow wetland than may have previously occurred.
Wetland #2
The hydrology of Panther Lake has been changed by, a number of both direct and indirect
~
alterations of the site. The indirect alteration of Panther Lake began with the logging of
the surrounding area. Tills reduced the rate of rainfall interception and infiltration in
the upland areas and resulted in increased winter and spring water levels in the lake and
reduced levels in the summer. Urbanízation of the watershed has exacerbated this
problem by creating large areas of impervious surface. The lake's hydrology has been
directly altered by the use of the lake as a stormwater detention basin since the late
1970s. In addition to receiving stormwater from 1,380 acres, there is now an outlet to
the West Branch of Hylebos Creek where none previously existed (City of Federal Way,
1992). At the time of the field work, the elevation of the water in Panther Lake was
obviously higher than it had been during the summer. There were facultative upland
plants that were totally submerged in the lake. The field work was performed at the
beginning of the rainy season; therefore, the water surface elevation was higher than it
would have been during tbe dry season but lower than it WOUl~ h~~e b~~~f!':;: field r::
Wet l and Del i n e a l ion R e p 0 r l - Fed era l Way T r 'a i l . P h a ~3 e "/ ~~~~~-,
1~;-,--.~-1L o~ak;;lt> ~
project\.nviron \!.d...y\...t.f1't 1195.06
'"
1
work had been conducted during the eaTly part of the growing season. The level that the
lake achieves in the spring is indicated by a small bench and an area devoid of shrubs.
On the upland edge of the iake there is dense shrubby upland vegetation. There are also
water marks on the bases of the trees and the shrubs in the lake that indicate that the
elevation of high water corresponds to the elevation of the bench that surrounds the lake.
Outside of this bench there are no indicators of wetland hydrology.
There is little opportunity for either of the tributaries to spread out into a floodplain
because they are confined by the slopes on both sides of their channels. The magnitude
of the peak stream Qows can be determined by the height of debris deposits on the trees.
Standing water was present at the time of the field work throughout both of the stream
channels and silt deposits indicated areas that were previously inundated. As soon as
the embankments begin. evidence of wetland hydrology quickly falls away.
The bioswale had surface water presence to a depth of a couple of inches. In the areas
where there was no surface water, the soil was saturated to the surface.
i,
Evaluation of Wetland Functions
The wetland areas on this site were evaluated based on the WET II methodology, which
identifies 11 wetland functions and provides criteria to determine if these functions have
a high, moderate, or low value.
Wetland #1
Primary Production Export:
Primary production is the process by which light and inorganic nutrients are converted
into living tissue. Primary production export is the movement of this tissue from one
system to another. This wetland has a moderate functional value for primary production
export because of the small but dense cover of hydrophytic vegetation in the form of reed
canary grass. The presence of the stream flowing through the wetland also provides an
opportunity for production export.
Rating: Nfoderate
Sediment I Toxicant Retention:
This wetland has a moderate sediment/toxicant retention function because the dense
herbaceous vegetation can trap large amounts of sediment, however, most sediment will
be transported rapidly through the system by the creek before it can settle out.
Rating: Moderate
Nutrient RemovaVTransformation:
This wetland has a moderate nutrient removal/transformation function because, while it
does have some herbaceous wetland vegetation that can take up nutrients, the presence
of the stream channel means that much of the nutrient load is shunted through the
system before any processing can occur.
Wetlalld Delilleatioll Report -Federal Way
.. .Rat~IJ$:N./9.derat~
Trail. Pha.se II If--
r-n~ ';:'-13_~. O,~~k: ...~
projoct'\environ \ledway'\wet.rpt 1195.06
;.,.
"
Floodflow Alteration:
Floodflow alteration at this site is rated as moderate because of the presence of the well-
developed stream channels. Under high flow conditions, this site will contribute to
floodflow alteration because of the extensive erect vegetation in the form of reed canary
grass but under normal conditions the stream channel will alloV{ water to pass
unimpeded through the site. .
Rating: Moderate
Shoreline Stabilization:
This wetland provides moderate shoreline protection functions because, while there is
extensive stabilizing vegetation in the form of shrubs and reed canary grass, there is
little evidence of erosive forces operating in this system.
Rating: Moderate
Groundwater Recharge:
There is moderate opportunity for groundwater réèharge in this wetland because, while
most of the wetland has relatively impermeable soil, there are areas on the fringe of the
wetland with soils that are sufficiently well drained to permit significant infiltration of
water.
Rating: Moderate
(
\
Groundwater Discharge:
No groundwater discharge areas were observed during the site visit, although the
position of the wetland in the landscape makes it possible that this wetland has
moderate groundwater discharge functions because discharge may occur into the stream
channel.
Rating: Moderate
""'
Wildlife Habitat:
Wildlife habitat is moderate on this site because, while the monoculture of reed canary
grass in some areas provides none of the small niches required by animals to establish a
diverse community capable of supporting a stable food web, the site does have some
shrubby vegetation that provides habitat for birds and small mammals and protection
from avian predators. The stream also provides habitat for aquatic invertebrates, which
helps to establish a food source for wildlife. The power line right-of-way and the forested
cover at either end of the wetland provide corridors to other wildlife habitat areas
nearby, in particular to Panther Lake to the south.
Rating: Moderate
Wildlife Viewing / Active Recreation:
This wetland has a moderate value for wildlife viewing and active recreation because of
the moderate wildlife habitat and the easy access to the site.
Wetland Delineation Report -Federal Wa.v Trail
I~ .
It I ,
Rating: Moderate
0 . "', " ~C,,* _.E-
-oP l:. ~~1Y-= Qt~=_:k:J
project'environ \Cedway'wet.rpt 1195.06
<,.
/
Aesthetic Quality:
The aesthetic appeal of this site is low because of the low diversity of wetland habitat
types and plant species within those types. The power lines and the vegetation
management associated with them also adversely affects the aesthetic appeal of the site.
Rating: Low
Wetland #2
Primary Production Export:
This wetland has a moderate functional value for primary production export because,
while it is a large wetland with an outlet, it does not have dense vegetation.
Rating: Moderate
Sediment I Toxicant Retention:
This wetland performs an important function in s~diment and toxicant retention because
of its large size and restricted outlet. It also has an opportunity to perform this function
because of the extent of the development occurring within the watershed. This function
has been artificially enhanced through the direction of storm water runoff into the
wetland.
Rating: High
Nutrient Removal/Transformation:
A wetland that effectively retains sediment is also often effective at nutrient removal and
transformation. This wetland is, however, only moderately effective at nutrient removal
because it does not have the dense vegetation nor the fine soil particles necessary to
remove and transform nutrients.
Rating: Moderate
Floodflow Alteration:
This wetland is very effective at attenuating floodflows because of its large size, its
ability to expand during high flow periods, and its constricted outlet. It also has the
opportunity to attenuate flood flows because of the streams that flow into the lake. It is
valuable to the community for this function because of the development that is occurring
within the watershed and because of the steep slopes that surround the lake.
Rating: High
Shoreline Stabilization:
This wetland is relatively well protected from the wind by the steep slopes and trees that
surround it. There are few areas of dense emergent vegetation to dissipate wave energy.
This wetland achieves a moderate rating for this function solely because of the extensive
area of open water that it contains.
Rating: Moderate
Wetland Delineatio;l Report -Federal Way
1:-"";"!~3fT_e:-~.. ~". ....
T r[à i I :' ¡X II a'e"; Ot:.13. "\ ø\
,rl.~'-~~. lota.k_~_-
project'envìron\ledway'wet.rpt 1195.06
"
(
Groundwater Recharge:
During high water periods, it is likely that this wetland is effective at recharging the
groundwater. The sandy soils found along the fringe of the lake provide an area where
recharge can occur during high water periods. Considering the well drained to
excessively well drained nature of most of the soil surrounding this wetland. the
importance of the recharge that occurs within this wetland to th~ watershed is probably
rather small. .
'!'
Rating: Moderate
..
Ground water Discharge:
No groundwater discharge areas were observed during the site visit. although the
topographic position of the wetland in the landscape makes it possible that this wetland
has moderate groundwater discharge functions. There may be springs and seeps in the
middle of the lake.
Rating: Moderate
(
Wildlife Habitat:
The presence of the shrub community and the large trees along the edge of the open
water in this wetland provide excellent habitat for migrating and wintering waterfowl.
Mallards (Anas plat yrhynchos) , American wigeon (Anas americana) , American coot
(Fulica americana), and Canada goose (Branta canadensis) were all observed at the time
of the site visit. This function is particularly important within the context of this rapidly
developing watershed.
r,
,.
Rating: High
Wildlife Viewing / Active Recreation:
This wetland is valuable for wildlife viewing and active recreation because of the quality
of the wildlife habitat and the easy access to the site. There is some opportunity for
active recreation in the form of canoeing on the lake.
Rating: High
Aesthetic Quality:
The aesthetic appeal of this site is moderate becau$"e, while there is high quality wildlife
habitat and there are several plant community types present, there has been extensive
modification of this wetland from its historic state. The southern shore has been bermed
and the western side has been filled.
Rating: Moderate
Wetland Ratings
.
I
The Washington State Wetlands Rating System is an attempt to classify the overall
importance of a given wetland to the environment. It rates wetlands on a scale of! to IV.
Category I wetlands are the most unique and are in need of the strongest protection and
largest buffers. Category II wetlands are somewhat less pristine than Category I
wetlands but they still provide important habitat and hydrologic functions. Category III
wetlands provide important functions but tend to be smaller and more isolated than
W,"and Ddi.....,. R.p." -F.dn.' W.y r'.'Ë,J'f'-UB1'T 1~~-
project~nvi"",'-l.d..ay,...t.rpt 1195.06 p ¡~ r ~ - .11.--- 0 F..,~~~--
(
Category II wetlands. Category IV wetlands are the smallest and least diverse wetlands.
They tend to be hydrologically isolated and are in need of the least protection and
smallest buffers.
Wetland #1 received a category III classification. While it is small and has a low
diversity plant community, it is hydrologically connected to the l?rger and more diverse
Panther Lake wetland. .
-;
The wetlands associated with Panther Lake have been divided into three separate
evaluation areas for this section. The two tributaries are evaluated separately from
Panther Lake because their hydrology is fundamentally different from Panther Lake.
The two tributaries each received a Category III rating, while Panther Lake received a
Category II rating.
.
~
The threatened and endangered species database searches did not identify any listed
species present within the project area. The priority habitats search did identify Panther
Lake as one of the Hylebos Creek Wetlands, whicli'should, therefore, be protected
because of the extensive filling of wetlands that has occurred within that watershed.
Panther Lake is also identified as occurring on the King County Sensitive Areas map.
. .
,
.:.
~
!
Conclusion
;
Jurisdictional wetlands are present on this property in two locations. One is a palustrine
emergent wetland near the center of the site and is roughly defined by the boundaries of
the flood plain of the stream (See Wetland Boundary Map - Wetland #1. Figure 4). It is a
class III wetland as rated using the Washington State Wetlands Rating System for
Western Washington. This wetland is a class III wetland primarily because of its
connection to Panther Lake. Approximately 8,100 square feet of this wetland occurs
within the BPA right-of-way.
The second wetland occurs along the northwest and southwest tributaries of Panther
Lake and in Panther Lake itself. The wetlands along the tributary streams are riverine
scrub/shrub wetlands and are class III wetlands. The boundaries of the wetlands along
the tributaries are rougWy derIDed by the extent of the stream channels. Panther lake is
a palustrine wetland with zones of aquatic bed, emergent, and scrub/shrub plant
communities. It received a Category II rating. The extent of the Panther Lake wetland
is marked on the north and west sides of the lake by the toe of the slopes that surround
it. On the southern side of the lake the extent of the wetland is defined by a low bench
and the edge of a dense stand of upland shrubs (scotch broom) (See Wetland Boundary
Map. Wetland #2, Figure 5).
The bioswale is not a wetland because it does not represent the "normal" conditions at
the site as defined in the 1987 manual. The bioswale was created expressly as a water
quality facility and was constructed in an area that was entirely upland.
Ev~r-;~8~T E
_..,~.. -
Wet I and Del i n e a I ion R e po r I - Fed era I IV a y T r a ipj~c.r::::~ Gf'~._;>C?_-
project\environ\!edway\wet.rpt 1195.06
-..
-/-1/ 6/ \ \ \'S.~ 8tTtJ, ; \ i; i ¡I ; ;',/ i i- /~Í/j'i. --- ~\
- ~/'l ~o. \ \ \).A'lt lì I ; \ i , I I I. L' !;lI!!/" ~ ¡
-;-*/.~. I .,(tl~, (I, ~ 111111!t-.!//!! '--,!
-7-:1.W~~1 J' ¡'ìl , q.8( " 1 ! ! i J: If/,.'l",,- /1
- ///~A / ! " ¡ I 8-9\ " ' i : , , r ,_.¡;/. - " i
~/(/~W/ I ¡I' \ ,\ III ¡"lL 'II
:; .t/í 1 j.' 1\\\ :jfl~11 ¡ii,' -,,/1/
(~~'<!! í I (I ! : I 1 \ \ - : I i ~ l '¡I'L -. ¡' I
I¡!!,/., l,jll \ , , 'f I' ~-'!l \ '/
I / j ! /1' - /' /'BL7¿ J I 18-;81 ; I I / ! ~ -1/"/_,\ I '//1
II I ," / /',,- / Y I I'! I 1 I ~rI:1 ) 1,1/
l,,1 \----::,/'/ 1,/ ! f ,It¡11 -"/¡t.t.¡r-, il//-
; ¡ ; I I " / / / jI /, 'wEtr.:,.~q '¡OÍ!.N~fíIir '-r. )J/ II! / I ~ I ~J
J¡III\ ) /- 1/1 \ '[11/1 11- 111/1/111
.I / i J ¡ /) /' ////" -Si'4 I 8~ i J í f ¡ ~ -'/'l~ - \ !I/IfiJ,¡/~/11
I111 ,/ / /' /'.;" I J IIi ¡,'1 JIIJlli~/111
11/ il, / / / in J~, 'DI-¡r/I--\II,I/il/.'#I/I
' I / I. I / I (/ 9 0# 8~ : I ~ ¡1:f'. 7/~t - 111/111'/1'11111
/- IJI/t" '\ I 1'1 -'( /11f'II'
I ;' I / / /1 / / \ j J 11/ ;-1- -. 'i 1i,1111 ¡ 1 ,1/
" 1/ // I I ~16 /1 8-þ 11/ / / (r \ 1IIII'/iJl¡ II/II
,/ / 11/ / / / I 1// ~ I ( \ " ¡11¡lff/lIl/fll! /:
/ / I I I / . .... I ' ,I; I I '-' '\ ..... II/II ¡III t' "III
'// / I /8-17 I . I/Ií I l , iJ/lrld, -flllill
t ,,'" / I 8Lt1 ( ..... /\ . /) J- '1 '!II / 37,
~T-L)oND B9UNDARY f i 11,1" ""'}/ 'I1! III¡I' ¡III~ ~/"'"
' I ., '..... "JII/' J 11'11 ././
:/ / -" /' .... I . ~ \ ¡( ,~ - -....., 1/1/ i¡/,II, J j II ; II ~ '\ "
/' 8-19 I .sU.1 "- - 7/: "111 í,' / if Î I I ¡ ~ ~
\.', ç '- i ) \\ .:> / lid II/fllll,J Iili ~
~ 'B-'-~ - -8-78 / ¡""7 // / Jli/IIII,/.! /'¡I,/,/ /1/ "~~"\I
\ ""\ -Z I / / II' 1/ I . I r ,d',,;p"/
1\01'4 ~5 : ( / / . ,¡ i r: I II ¡:,,: I ¡ ,,¡f~/'\ I
\ \ \ \. "EJ...-'i", 'v.;" -é"'1'2 I, { ( ...... Ii! I II ¡I. , ~ I II¿R?:P \
\ \ '" -~~.J""-:s,-.ì"f./ \, \. ". '!~I! III JJj/II!~É-¥-q:,\
\ -- l " " II!I ! , ~ff~
\ '- -I - \ I , " '\. I ¡ , ;! I !f.t?/ '\
¡,, - - '\ \. '\.! I, , / i! I 1M '# \
! I \ - - ." " I II -. / r.'~\
I\., f, I '/; /'~:~
, I I " "1' J ¡I ¡ / 'J'/( ø ?" \
'I I ~- \ ~ I I l r:{jt-
.,/ I / "\. - /1/ I, I J/l '7/ \.
.I I ---.-- /. r... '- - - - ,/ 11,,;t1~?\
I I ,r- /' / " / L /'f/llØ;\
/ I --- / .....', \ í V¡ l'~\
" / / _./ /', - / 1// - I
I r- /' -" - ./ I ",-
/ ../ / " '," """./":' \
, / / -- / ,,""', y t, \
I;' --.' /' - ". \ , 1 J I I
,II I /" - A7'1 -7'\ Y i I . \
I I I /, . '.
/ ! I X \ i ~
, I I A:ï~ o'w ',/' \ \:
". I - taw / \ \,
I' / "'., \ WDlANd -A-
/ /' " L ./ \ 14(8 s.t.
~/ A-I'./ -1-6,
/ \. .iF \
/ - - 7./ I ()V( ~ WETLAND BOUNDARY
/
/' --'
, ¿- - A-4
;/
...
...,
i
..
.j
.
-~
(
A-5
WETLAND BOUNDARY MAP - WETLAND # 1
36
It
~
;:::
Q
~
I~
rY)
~
~
G
It
-
~~~'f..
..y.'f..~
~t-'f.. I
\'~ E'<I-~~E!T~~
F;\C::--1L OF. ()
FIGURE 4
35
~ La;,e OsweKo, OR 97035
DATA POINTS =0 ~ ..: PAo.. (50J) 635.J618
SCALE: 18=50' ~., FlU: (50J) 635,5J95
AleO".ell E.9'..". La.dlea,. AleO'loelo PIon.... Sel..lhl. S""Y". Ulh. 000'9.'"
'-
/7155 SW Boontl Ferr., Rd.
/
References
Adamus, P.R., E.J. Clairain Jr., RD. Smith, and RE. Young. 1987. Wetland Evaluation
Technique (WET); Volume II- Methodology. Operational Draft Technical Report Y-87,
US Army Engineer Waterways Experiment Station Vicksburg, MS.
City of Federal Way. 1992. Wetlands Assessment - Panther Lake Surface Water Study -
Technical Memorandum No.4
Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of Wetlands
and Deepwater Habitats of the United States. US Fish and Wildlife Service.
Publication FWS/O BS- 79/31.
Environmental Laboratory. 1987. Corps of Engineers Wetland Delineation Manual. US
Army Engineer Waterways Experiment Station, Vicksburg, MS. Technical Report Y-
87 -l.
"
Reed, P.B., Jr. 1988. National List of Plant Species That Occur in Wetlands: Northwest
(Region 9). US Fish and Wildlife Service Biological Report 88(26.9).
Reed, P.B. Jr, et al. 1993. 1993 Supplement to the List of Plant Species That Occur in
Wetlands: Northwest (Region 9). Supplement to Biological Report 88(26.9)
USDA. Soil Conservation Service. 1973. Soil Survey for King County Area.
USDA. Soil Conservation Service. 1992. Hydric Soils of King County.
Washington Department of Ecology. 1993. Washing'ton State Wetlands Rating System -
Western Washington. 2nd Ed.
,.
¡'-
" ,
-'~' l't
E
ao
r::- " / \ ! ¡ ï-.. ~T
C- : [~,; .
Wetland Delineation Report -Federal Way Trail. Phase II
18
otak
proje<:t\environ\fedway\wet.rpt 1195.00
...
-.../
'0
lu I C1S
I ¡
t lL
~I~
I ~,\I
> 'J
u...~
~
:s
I
/
~
"
'-..\
~
~~'
'\ ~cYo
'. -......... .$',,-
\ ' .......... (T'1-J>;:,
"
.....
r;.
~
~ ~ ~ ~
.. c ~ ~
! f ~ ~
~ Ö : :
::: .:: ~ ..
§ ~
@
0
In
."
...
W
...I
<
()
CJ'
0
"
CJ'
~
~
0
c.
-=: -
!;t .
c .
.
.
N
~
c
z
<
...I
~
W
;:
.
.
c.
-=:
:¡¡
~
a:
-=:
c
z
~
0
ED
C
Z
-=:
...I
~
W
;:
-
,""'
l
Wetland Mitigation Program
Phase II Trail Corridor
City of Federal Way Parks and Recreation
CITY OF t
- -- .
~ ~ - -
- -
Summary of Proposed Wetland Impact
Description of Proposed Mitigation
Environmental Goals and Objectives
Construction Timing
Monitor~ng and Maintenance Program
Contingency Plan
RECEIVED BY
COMMUNITY DEVELOPMENT DEPARTMENT
Þ.PR 0 2 1996
Submitted by
.
January 16, 1~~~ ~
rRE!ù~rh 28,.!!~ '
. ~ .' ,- '" 0
~ .~, ~---'----- \'-0'; -~------
Wetland Mitigation Program
Phase I Trail Corridor
Summary of Proposed Wetland Impact
The Phase II Trail Corridor project is located within the Bonneville Power and
Tacoma Public Utility easements on property owned by the City of Federal Way
between Campus Drive and 1st Way South. The southwesterly portion of the trail
also crosses over a portion of Panther Lake Park and the southern property edge of
the King County Aquatics Center.
Approximately 500 feet Northeast of the Campus Drive trail entrance, the trail will
cross an existing wetland/stream system (wetland #1) which has been previously
evaluated and delineated Otak, Inc. and is classified as an intermittently flooded
palustrine emergent wetland. A 12-foot wide trail with 2' shoulders and a 96"
culvert will cross over this area requiring a fill covering approximately 2,065 square
feet.
A second area (wetland #2) approximately 1500 feet southwest of the 1st Way
South trail entrance, will impact an existing wetland/stream system which has also
been evaluated and delineated Otak, Inc. The existing scrub-shrub wetland system
is seasonal in nature, with fluctuating dampness, and is dominated by red alder and
black cottonwood saplings it also includes a mix of wetland and upland plants. A
12-foot wide trail with 2' shoulders will cross over an existing service road in this
area requiring a fill covering approximately 430 square feet. The trail will also be
constructed within the 50-foot stream buffer on either side of the proposed trail.
Approximately 2,495 total square feet of existing delineated wetland area will be
impacted by the trail construction.
Description of Proposed Mitigation and Construction
An area directly adjacent wetland #2 has been selected as a mitigation and
enhancement area. Due to the existing qualities of water holding, plant and soils
types and location this would be the best area to mitigate for the loss of wetland
area and would result in the highest quality net increase of wetland area.
The pond area/wetland mitigation plan is provided as Sheet W-1 of the trail corridor
construction plans. (copy attached).
Approximately 5,000 square feet of pond area with emergent wetland plantings is
provided as a wetland mitigation area, equalling a replacement ratio of 2 to 1. The
City Code requires replacement of 2 to 1 for scrub-shrub wetlands. In addition,
approximately 2,600 square feet of native transitional/upland plantings will be
installed around the perimeter of the pond area. For detailed design description
~nd specifiedplant material, refer to Sheet W-I, (copy att~~e?/:!, '3 IT ~
Hetland MItigation Program - Phase II Trail Éorridor 2--
City of Federal Way Parks and Recreation l . ' " "':' ot."O
r. ......_~ UI .~
\\t.-ru..'D.~1I2 039<;.29 - -.~- ~
Environmental Goals and Objectives #
The overall goal of the wetland mitigation area is to replace wetland area impacted
bv trail construction while diversifying and enhancing the natural habitat value
a~d biological function of the trail corridor open space system.
Several beneficial objectives will be achieved by the wetland mitigation program:
In addition to replacing the square footage of wetland area impacted by trail
bridge construction, the proposed wetland mitigation creates a wetland system
of higher quality, diversity and biological function.
Native grasses, emergent plantings, and several varieties of native shrubs and
trees will be planted in the wetland mitigation area which previously did not
exist within the trail corridor open space. Over time, these will spread and
visually and biologically enhance the open space corridor.
The introduction of more diverse native vegetation will improve the wildlife
habitat value of the existing corridor and attract birds and wildlife to the area.
As an open space "corridor" the existing easement provides an important
function for wildlife movement within an established urban area.
The emergent plantings, grasses and other vegetation proposed in the mitigation
area will act as filtering agents to improve water quality by filtering out
sediments, pollutants, nutrients and other undesired agents.
The wetland will continue to act as an infiltration pond to hold and filter water
back into the ground, recharging the aquifer but with a greater overall area. It
will also increase the overall water holding capacity for flood control.
Since the wetland mitigation project will be maintained and monitored under
the direction of the City of Federal Way Parks and Recreation Department,
there is the potential to develop interpretive signs and facilities and public
education materials about wetlands in general, and specifically about the value
and importance of the wetland habitats existing and created within the trail
corridor. Even if no formal interpretive facilities are developed, the proposed
wetland mitigation area will be visible to the public as they travel through the
trail corridor. As the wetland area grows and develops, the public will be able to
observe and understand its value as an important natural habitat.
i
t~/J-~!BIT F .
~ n~~---3- OF ~.
Wetland Mitigation Program - Phase II Trail Corridor 3
City of Federal Way Parks and Recreation otak
"~;""'C"", 0,""",
-
I
I
,
¡
The Washington State Department of Ecology identifies the following major
functions and values to be attributed to wetlands: fish and wildlife habitat, flood
control, erosion control, sedimentation and pollution control, water supply,
education and research, and open space and recreation. The proposed wetland
mitigation will serve to provide these functions and values (described under
above objectives) where applicable, given existing natural site conditions.
. As a public agency, the City of Federal Way has the responsibility for
stewardship in maintaining the trail corridor open space. This responsibility
will ensure the wetland mitigation area is carefully and consistently maintained
and monitored.
Construction Timing
,
I
Trail construction and grading is anticipated to start during the month of June,
1996. Due to construction sequencing and coordination during trail construction it
is anticipated that the wetland mitigation grading and planting would occur during
September, 1996. The amount of mitigation that is required is not of a quantity or
area that would require an extended period of time to complete. Access will be very
good using the proposed trails. The estimated amount of time to construct the
mitigation area is approximately three weeks. This would allow completion at a
time when it is most conducive to existing vegetation and wildlife. This schedule
allows for mitigation to take place after the hottest months and prior to potential
heavy rains in the fall. This will also help to ensure the viability of the mitigated
area.
I
I
I
I
I
Monitoring and Maintenance Program
The City of Federal Way Development Code requires monitoring of wetland
mitigation areas for a period of five years after construction is complete. The
monitoring program is designed for the purpose of recording the success or failure of
the designed wetland functions. The City of Federal Way Parks and Recreation
Department proposes to conduct monitoring as required for five years. The persons
or consultant assigned to complete wetland mitigation monitoring for the City of
Federal Way Parks and Recreation Department must be qualified wetland
scientists approved by the Department of Community Services. Monitoring for the
Phase II Trail Corridor wetland mitigation area will include the following.
Responsible Staff, Schedule and Submittal:
The City of Federal Way Parks and Recreation Department will be responsible
for the monitoring program and will either assign a qualified member of their
staff with knowledge and experience evaluating wetland systems, or will retain
a wetland biologist to assess wetland functions and gather biological. data. .. t..
Iv I d .. . P P } I I T . I C .1:;"\ / f-' ~ ~ IT
lei all Allllgalloll rogram - lase ral orr¡~gor .. .~ l
"l . City. of Federal Way Parks and Recreation ". ~ U ð1a ¡:: 4 "0
TL\.'<DMI20"',"29 t 1'--.__-==1-- 01 ~"'-
I
I
1
I
J
I
The monitoring will be completed someJime between the 15th of June and the
15th of July each year, beginning in 1997. Monitoring will be accomplished by
means of field observation, photographs and a comprehensive report. The
monitoring report, together with the field observation notes and photographs,
will be submitted to the City of Federal Way Department of Community Services
and the Department of Parks and Recreation (both departments) annually for
reVIew.
Outline of Monitoring Scope of Work/Analysis Format:
1.
BIOLOGICAL ANALYSIS
t
A. Wildlife
1. Inventory wildlife using the area.
2. Note the health and diversity of the habitat.
3. Wildlife observation will be done quarterly to coincide with the
seasons. Bird Abundance and diversity will be observed visually and
aurally. The abundance of terrestrial wildlife would not be
systematically monitored, but incidental observations would be noted.
Observation periods will be of a sufficient length, and occur during
appropriate hours and weather conditions to produce meaningful
results. Duration and time of observation will be standardized per the
King County Wildlife Management in King County Draft Issue Paper
(King County Environmental Division, Resource Planning, August,
1993).
't
J
,
,
-
I
I
I
I
I
I
I
I
B. Plants
1. Note percentage of surviving emergent plants, shrubs, trees and
grasses.
2. Describe the health and form of the native plant community and note
any damage to plants or their environment.
3. Record the dominant plant species and note area covered by
percentage.
4. Note any species of plant forming or that may form a monoculture
detrimental to habitat values.
5. Make recommendations to remove species harmful or potentially
harmful to the functions and values of the wetland.
C. Provide a detailed vegetation sampling methodology (i.e.; plot sizes and/or
transect lengths, analysis methods, etc.) and wildlife monitoring protocols
(season and time of day observed, duration of observation period,
qualifications of observer, etc.) for the wetland monitoring program.
Provide timing schedules for field visits and coordinate how data is to be
II" t I '" . r-,r'...H ~ r'- ~
e alld MitIgation Program - Phase II TraIL Cortidor ~'..'~. 5-L
Clt~. of Federal Way Parks and Recreation . s:- OlaK .10---- .
.-- [,.^ ,.-, r-
. '4~~ "" 0,,", "" II \ '-' ~ ---- --- V ¡ .-.. -
-
presented. Refer to the King Ccrunty Wildlife Management in King County
Draft Issue Paver (King County Environmental Division, Resource
Planning, August, 1993) for guidance and protocols which apply to this
project.
II.
HYDROLOGICANALY~S
A. Note wetness of pond edges and how they relate to and support the
emergent plantings.
B. Note water clarity and quality throughout the pond area.
C. Note deposition of sediments and erosion of edges affecting or likely to
affect the plant community hydrology.
D. Note any water flow or blockage that may be detrimental to the wetland
environment.
E. With vegetative placement in the plan being directly related to water
depths, the need to monitor water depths is deemed necessary. The
objective of monitoring water depths is to determine the potential effect
water depth has on success in establishing the target wetland habitat
type. Water levels will be monitored quarterly during the fIrst year to
determine the month when the inundation is at a maximum and
minimum. Inundation and soil saturation will be measured at the four
permanent sampling points (see the mitigation plan). Overall water
coverage will be estimated throughout the wetland mitigation area. Data
will be presented using a hydro graph depicting:
1.0bserved water levels (4 times per year)
2.Monthly Rainfall Data (Seatac)
3.Normal/Average Rainfall Data (monthly)
F. Turbidity measurements should be taken above and below the created
wetland. Turbidity should be measured in Nephelometric Turbidity Units
(NTU'S) utilizing a field turbidometer or certified water quality laboratory
during each hydrologic monitoring visit.
t:- ~ " ~ - ~ ~ ~':) r"r . ~. .
IL ,.-..-,. ~
- P has e I I T r a i I Cor rid 0.[ - ~-_._-- 6 1.<0' '.= -~.
[- ; . - ,- I6ìàC
f"r\,-- V,
Wetlalld Mitigation Program
City of Federal Way Parks and Recreation
\\'ETL'ND.M12 0396.29
"
,
J
I
J
J
¡
1
I
I
I
I
I
I
I
I
,
~
III.
PHOTO POINTS
A. A minimum of seven photo points shall be taken around the circumference
of the area. Photos shall depict an area from the limits of the area to the
limits of the upland plantings in section view. Plot photo points on a map,
and use the same photo points and shot angles every year for each report.
The intent is to use the photos to comparatively study plant growth rate
from year to year.
Maintenance
As part of the five-year monitoring program for the Phase II Trail Corridor wetland
mitigation area, the Parks and Recreation Department will provide on-going
maintenance as follows:
1. Repair of Pond Edges Damaged by Natural or Man-Induced Causes
The wetland edge grading design will minimize water velocity which will help to
alleviate erosion concerns. As part of the annual monitoring program, the
wetland and water edges will be inspected for erosion or damage by intrusion.
Damaged edges will be repaired, graded smooth and reseeded with native
grasses and covered with tackifer/mulch mixture.
2. Removal of Invasive Plants
Plants which do not generally exhibit invasive characteristics and which will
contribute to the overall biodiversity of the wetland habitat have been chosen as
part of the mitigation design. Certain exotic or invasive species exist on site and
are also likely to be brought in by birds or other wildlife. These species could
form monocultures which would degrade the wetland's diversity and habitat
value. Part of the maintenance program will be to eliminate or severely cut back
these invasive populations so the planted species can get a foothold. Noxious
plant review and removal will take place annually.
Invasive and noxious plants to look for include:
Scotch broom
Reed canarygrass
Himalayan blackberry
English Ivy
Douglas spirea (in significant volume)
Cattails (in significant volume)
Other invasive, monoculture forming plants
Purple loose-strife
Wetland Mitigation Program
City of Federal Way Parks and Recreation
, e:-"JUfBIT L
.. Phase II Trail Co r 1j¡id oJ'. ~i -' ~ 1 -
., otak
F- n C .~ ----'---- 0 F --3l-- -
'1:TLL~ ) MI2 03% 29
During the construction phase of the wetland mitigation project, remove all
undesirable invasive plant species listed above by excavating the entire root
structure of the individual plants and disposing of all removed plants off-site.
Noxious weed management protocols as defined in Chapter 17.120 RCW.
3. Replacement of Plant Material
As part of the construction contract, the selected contractor will be responsible
for a one-year plant guarantee period. This will cover replacement for all plant
material lost by whatever cause through one growing season (through the
summer or fall of 1997.)
After the one-year plant guarantee period is expired, the City (represented by
the Parks and Recreation Department) will be responsible for plant material
replacement.
Native plants adapted to wetland conditions, as well as transitional and upland
conditions, were selected in the wetland mitigation design to ensure a high
success rate. Plant materials have been planted at a density which will support
some natural loss over time. However, the native plantings proposed will also be
expected to re-seed, spread and multiply over time. The survival rate goal
during the five year monitoring and maintenance period is 80 percent for trees
and shrubs and 50 percent for emergent plantings. It is anticipated that other
plants native to the area will filter in, adding to the diversity of the plant
community.
Emergent plantings, shrubs and trees will be inspected on an annual basis
during the monitoring period. The Parks and Recreation Department will
replace any plants, shrubs or trees in the amount lost below the survival rate
goals. For example, if only 70 percent of the trees and shrubs survive, and 80
percent is the survival rate goal, 10 percent of the original quantity of trees and
shrubs planted will be replaced. If only 40 percent of the emergent plantings
survive, and the survival rate goal is 50 percent, 10 percent of the original
planted quantity will be replaced.
If an individual species of any given plant material suffers a mortality rate
exceeding 70 percent, the causes of high mortality will be determined. In these
cases, failing plant material species must be substituted with appropriate native
plant materials rather than replaced. All plant material substitutions must be
approved by the City of Federal Way prior to installation.
4. Watering/Irrigation
Because of the water-conservation focus of the project and the proposal for
Wetland Mitigation Program - Phase II Trail coF"i~WrR.fT 8 ~
City of Federal Way Parks and Recreation i. . ,1.- ~---et~
Ir.. ~_._~a~ OF..1(?_..
WETLINO.W2 03<1(;.29
I
I
t
native, drought-tolerant plant materials throughout the corridor, no automatic
underground irrigation system is proposed. However, the plantings may need to
be watered during the first two years after they are planted to become
thoroughly established. The Parks and Recreation Department may need to
provide watering (through a water truck) on a weekly basis during the dry
season (typically late July through mid-October) for the first two years after
construction, or until the plantings become fully established and adapted to
their environment, whichever is sooner.
I
I
r:
~ I ,~-" ____ii- 0 F -l(j~-
C'.,' !ii"",:,r=r
; ,
Wetland Mitigatio/l Program. Phase II Trail Corridor
City of Federal Way Parks and Recreation
9
otak
1\1:TL\SD ~1I2 039629
ù. Litter
The Parks and Recreation Department will regularly patrol the trail corridor
and remove litter and unwanted foreign matter from the wetland mitigation
area as necessary.
Contingency Plan
At any time during the five year monitoring period, if the Parks and Recreation
Department's appointed staff person or retained biologist determines that the
wetland mitigation area is not functioning as designed, or achieving the
environmental goals and objectives described within this program, he or she may
make recommendations to the City for necessary improvements. If after the first
year of monitoring, it appears that invasive, non-native plants are becoming
established in the mitigation area, the monitoring biologist may need to visit the
site in late spring, in addition to the regular mid-summer annual.monitoring, to
assess the need for maintenance of the weedy species. Also, if it appears the
wetland is not functioning properly, soils testing may be necessary.
Bonding
Because the property is City-owned, a bond has not been required as part of this
wetland mitigation program.
,.-". .
i.
,f'- 'T -_J€
.JP-- 'J F.~lQ.--
r .,' ...
Wetland Mitigation Program - Phase II Trail Corridor
City of Federal Way Parks and Recreation
10
otak
In:11""'D.MI2 0196.29
TERRA ~ASSOCIATES, Inc.
Consultants in Geotechnical Engineering, Geology
and
Environmental Earth Sciences
October 12, 1995,
Project No. T-2445-1
Mr. Ron Heiden
Otak
620 Kirkland Way, #100
Kirkland, Washington 98033
Subject:
Geotechnical Report
BP A Trail Corridor, Phase II
Campus Drive and 1st Avenue South
Federal Way, Washington
"
Dear Mr. Heiden:
As requested, we have completed a preliminary geotechnical evaluation along Phase II of the BPA Trail Corridor
in Federal Way, Washington. In this area, it is planned to convey surface water to a series of five shallow, one to
two foot deep infiltration ponds. The purpose of our study was to explore the subsurface soil and groundwater
conditions in order to evaluate the suitability of the site soils for infiltration pond and trail construction.
Site Exploration
.
We perfonned our field exploration on September 22, 1995. We excavated five test pits using a rubber-tired
backhoe owned and operated by Evans Brothers Excavating, Inc. of Bellevue, Washington. One test pit was
excavated in each of the five proposed in(iltration pond sites. The test pit locations are shown on the attached
Exploration Location Plans, Figures 2 and-3. Detailed descriptions of the soils we encountered are included on
the Test Pit Logs, Figures 5 through 7.
Subsurface Conditions
In general, the subject site is underlain at shallow depths by Alderwood soils, fonned in glacial till. The till is
locally blanketed by a thin layer of Everett outwash sands and gravels. We also encountered fill soils to depths of
about nine feet at Test Pit TP-I and five feet at Test Pit TP-5. These fills are likely associated with construction
of the easement and service road. Our test pits extended through the fill and encountered glacially-derived soils
composed of silty sand with gravel. The original topsoil horizon (about six inches thick) immediately followed
the fill atTest Pit TP-l. r""CJP:,!"!. --G
~ I . ,-, -. ---1--h_- - , --, 3
12525 Willows Road, Suite 101, Kirkland, Washington 98034 . Phone (206) 821-7777
Mr. Ron Heiden
October 12, 1995
Groundwater seepage was not observed at any of the test pit excavations at the time of our study. It is possible
that periods of light groundwater seepage develop along the cemented glacial till contact during the wet winter
season.
Infiltration Characteristics
'.
To evaluate the potential for discharge of stonnwater by infiltration, percolation tests were perfonned at each test
pit location. The tests were perfonned at the bottoms of shallow test pits excavated .5 to 3 feet below existing site
grades. Results of the field tests are summarized on Table A.
In general, field testing indicates infiltration rates of about. four to nine inches per hour. A relatively high rate of
23 inches per hour was obtained at Test Pit TP-4. This test result is likely due to the shallow test depth, which
provided a greater thickness of outwash soils into which vertical flow could occur. Tests at Test Pits TP-2 and
TP-3 were perfonned in similar soil conditions. However, the test depths were close to the glacial till contact and
therefore vertical infiltration was likely restricted. Tests at Ted'Pits TP-l and TP-S were perfonned in the fill
soils encountered. Please note that the test results are valid only for the location and depths indicated.
(
Because of soil variability and potential stability problems, we do not recommend discharge of stonnwater by
infiltration in existing fill areas (Test Pits TP-l and TP-S). Also, infiltration facilities should not be located in
areas where the slope gradient exceeds 15 percent. In designing the system, the depth at which stonnwater is
infiltrated should be as shallow as possible to take advantage of the more pervious outwash soils overlying the
cemented glacial till. Based on the field test results and our experience, we recommend using a design infiltration
rate of one inch per hour.
You must plan for regular maintenance of the infiltration facilities. If shallow ponds are used, we recommend
overcutting the bottom of the pond one foot and replacing the soil with a clean coarse sand containing less than
three percent fines. This layer will serve to protect the native soils from becoming silted-in by sediments and can
easily be maintained. Maintenance should include removal and replacement of the upper portion of the sand layer
as required to remove sediment and to support continued infiltration. If infiltration trenches or pipe gi,lileries are
used, cleanouts for flushing the system to remove sediments must be included in the design and construction.
Soils for Trail Construction
Glacial soils, excluding those which contain organic debris, will be suitable for use in trail construction during the
dry summer months. The site soils are silty in nature and are moisture-sensitive; therefore, the site soils will be
difficult to compact in wet weather or in wet conditions.
For trail construction, we recommend fill soils be placed in unifonn loose layers not exceeding. 12 inches, and be
moisture-conditioned to within plus or minus two percent of its optimum moisture content as detennined by
ASTM Test Designation D-698 (Standard Proctor). Once properly conditioned, the fill layer should be
compacted to a minimum of 90 percent of the soils' maximum dry density as detennined by this same ASTM
standard.
f?V,-!! BIT ~~-~ Project No. T-2445-1
A\ . -2 Page No. 2
f ¡ "-,, == ~ 0 F ~~~-
Mr. Ron Heiden
October 12, 1995
(
I In areas receiving fill, prior to placement, organic surface soils should be stripped and removed. If fill is placed
on slope gradients in excess of 20 percent it should be keyed and benched into the native hillside. We request the
opportunity to review design drawings before they are finaled to verify compliance with the recommendations
provided in this report.
If you have ariy questions or need additional
/0-/2 -9~
~
DPi/IÐ88AØ . 6/18/ ~1
EncI:
Table A - Infiltration Testing
Figure 1 - Vicinity Map
Figures 2 and 3 - Exploration Location Plans
Figure 4 - Soil Classification System
Figures 5 through 7 - Test Pit Logs
Figures 8 through 10 - Grain Size Analyses
(
FVU!R!T -6
3
-_J
"'.3
Project No. T-2445-1
Page No.3
."
,',
.
620 Kirk/and Way, #100
Kirk/and, WA 98033
Pi,ant (206) 822-4446
Fax (206) 827.9577
.
17355 SW BoOllts Ftrry Rd,
Lak, Osw'go, OR 97035
Pho"t (503) 635-3618
Fax (503) 635-5395
Arch'lect,
r. RECE:rVED BY
-,OMMUNITY DEVELOPMENT OEPARiMENi
JAN 2 It 1996
January 16, 1996
Jim Harris
Associate Planner
City of Federal Way
33530 1st Way South
Federal Way, WA 98003-6210
Re: Federal Way BPA Trail Phase 2
SEP95-0030, SPR95-0030
Dear Mr. Harris:
This is in response to your initial technical review of the SEP A checklist and
development application. The following includes your original list of items
requiring clarification and below each item in italic type is our action and
response to each. This letter addresses your items numbered 8 through 13 as
outlined in your January 3rd letter. Changes to the drawings have been
made of which you have a copy of dated January 10, 1996. A full set of
drawings that incorporate the sensitive area review requirements is also
enclosed.
Questions and responses to initial sensitive areas review:
8.
Provide a wetland mitigation report meeting the requirements of Federal
Way City Code Section 22-1358(e)(1)(a-g), and 22-1358(e)(2 and 3).
Please see the attached mitigation plans and report.
The mitigation report should also discuss how the wetland intrusions are
designed to the maximum extent feasible to protect the wetland from any
adverse effects or impacts of the trail per FWCC 22-1358(b). The
environmental checklist incorrectly references FWCC Section 80 for wetland
regulations. Section 80 FWCC was repealed and replaced with the
environmentally sensitive area regulations in FWCC Section 22.
Please see the mitigation report and revised SEPA checlÛist dated 1/16/96.
Please number the wetlands 1 and 2.
The wetlands have been numbered accordingly on the attached plans.
Engin.."
LonO"op' Archileele
Pion.'"
E, '"'~_! ~ r:" ~T JJ
" .._..~
r b,Ç. ,S ~ 0 F ..:2...."
(
Federal Way BPA Trail Phase 2
SEPA Review
Page 2
January 23, 1996
9.
Verify the location ofthe trail spur at the expanded parking lot for the Aquatic
Center.
Coordination has and is occurring with King County and their consultant to
provide an area for the trail spur as indicated on the drawings. Their plans
currently reserve an area for the Phase 2 trail connection. The final finished
grading and location of the Federal Way trail will be designed to match what
King County has proposed and what will be built.
10.
Please demonstrate how the project complies with FWCC 22-1309 regarding
placing a culvert in a stream. The wetland mitigation plan should also
discuss how the stream setback intrusions meet FWCC 22-1312(b)(1-5).
FWCC 22-1309 allows culverts to be placed within streams if;
1.
No significant habitat area will be lost.
~
Placement of the culvert will require filling a portion of the stream. This
portion of the stream or wetland #1 is rated as "moderate" for wildlife habitat
due to the mOlwculture of reed canary grass which does not provide the
requirements for habitat niches to support a variety of wildlife. The total
proposed area is approximately 2,065 square feet. Placing a culvert in this
portion of the stream will result in the loss of some aquatic invertebrate
habitat but is not considered a significant loss. Mitigation for this area will
however occur at a 2: 1 ratio or higher and will result in a net increase of
higher quality habitat.
2. A crossing is required at some location of the stream and the proposed
crossing requires the least impact to the stream and surrounding areas. It is
possible to place a bridge over the same area which could span the entire
stream with exception to some pilings. This would minimize the impact to the
stream but would still require some fill and possibly abutments to the slopes
into the stream. Plant material not disturbed due to bridge construction
underneath the bridge would be compromised due to loss of direct sunlight.
We are also required by WASHDOT standards to meet minimum curve radii
on the trail. To meet those standards the bridge would be a straight tangent
crossing and a curve on the trail would have to occur directly after the bridge
crossing adjacent the King County Aquatics Center parking lot. This would
impact the slope directly below the parking lot requiring additional cut and
retaining walls to stabilize the slope. Currently the curve occurs over the
culvert lessening impact towards the par/Úng lot. The bridge would also be a
E~H~B'T -H_~~~
,. OF _1__~
1:.-""""-
ín\,;,..::'
. I
r
Federal Way BPA Trail Phase 2
SEPA Review
Page 3
January 23, 1996
considerable addition to the cost of the project which would be prohibitive
considering the allocated budget. It is possible to design a bridge with a curve
but the costs would increase significantly over a straight bridge. Because the
habitat value of the wetland is not great, we feel that a culvert is the most
appropriate alternative with all issues considered.
The culvert will match the size of existing culverts directly upstream, 96", and
will accommodate a 100 year storm. It would facilitate use by fish through it
although the stream is seasonal. Maintenance of the culvert will be provided
by the City of Federal Way and would be an ongoing portion of their trail and
park maintenance. Because it is owned by the City it is assumed a bond
would not be required.
11.
The October 12, 1995 Geo-technical report should be amended to include the
elements in FWCC 22-1286(c)(1).
In the Geo-technical report Provided by Terra Associates dated October 12, 1995,
this section of the code is lWt referred to but the report does address the elements.
.
(c)(l) a- Slope stability, landslide hazard and sloughing.
Terra Associates indicate the types of soils found on the site will be suitable if
construction occurs during the summer months. Construction of the trail is
proposed to occur during the summer months of 1996. Terra Associates also
indicate in the report other precautions that will be taken in final design and
during construction that refer to filling and cutting of soils on slopes over 20%.
These recommendations refer to sloughing and landslide hazards. Please see the
Geo-technical report, pages 2 & 3.
(c)(l) b- Seismic hazards.
Because the proposed use is a pedestrian/ bicycle trail, we assume this section is
not applicable. There are lW buildings or structures proposed for the site and the
trail does not cross unstable soils. Slope stability recommendations outlined by
Terra will be followed to mitigate potential landslides and sloughing.
(c)(l) c- Groundwater
The entire area is in a groundwater recharge zone. Terra Associates have listed
in their report what would be the proper design and placement of infiltration
trenches and ponds with respect to the existing soils. Their recommendations
["'L' ~? r:- ~ - -=
~. ~ 0 F ..::L-~
~ \---~
Federal Way BPA Trail Phase 2
SEPA Review
Page 4
January 23, 1996
will be followed to allow proper infiltration rates. They have also suggested
required maintenance that will be done by The City of Federal Way routinely to
ensure proper infiltration. With implementation of these recommendations it is
not anticipated that the proposed trail will adversely affect the groundwater
recharge at all.
(c)(l) d- Seeps, springs and other surface waters.
Terra Associates has reported that lW seepage occurred at any of their test
pit locations. No areas of springs or seepage were discovered by Otak's Wetland
Biologist except those indicated as wetlands 1 and 2. Construction that occurs
adjacent the existing wetlands will be separated with silt fencing and other
appropriate measures to ensure runoff and siltation does not enter the streams
or wetlands.
12.
The streams shown on sheet 2 have both been clarified as minor streams and
require a 50 foot buffer. The plan incorrectly identifies a 100 foot buffer.
; iI
See the revised plan set for revisions to the stream buffers. They have been
changed from 100' to 50' as clarified by your staff.
13.
The storm drainage TIR should be stamped and signed by a professional
engineer licensed in the state of Washington.
See the attached stamped TIR.
Please let me know if you have any further questions or concerns. We look forward to
receiving your staff report.
Sincerely,
Otak, Incorporated
~ \\. ""
Ron Heiden
Project Manager
--
enc:
Revised Plan Set (includes sheets W-l, W-2)
Stamped TIR
Mitigation Report
Revised SEP A Checklist
~'/'"U'.' P.~TJL.~=~,-
l~ . ÍJ -- -1
~' . - ..--- -. --- -
Federal Way Phase II Trail Cost Comparison
Otak, March 29, 1996
Cost estimates are beyond normal trail construction costs
. Bridge Option 1
1. Bridge (16' x 60~
2. Bridge Abutments
3. Concrete Retaining Wall
4. Earthwork (Excavation & Haul)
960 sf @ $50.00/sf
370 sf@ $15.00/sf
160 sf@ $18.00M
350 sf cy @ $7.50/cy
Total Cost
. Bridge Option 2
1. Timber Bridge (95' X 16?
2. Bridge Abutments
3. Concrete Retaining Wall
4. Earthwork (Excavation & Haul)
1520 sf@ $50.00/sf
210 sf@ $15.00/sf
25 sf@ $18.00M
350 sf cy @ $7.50/cy
Total Cost
. Culvert Option
1. 112" X 75" Arch Culvert 80 If@ $250.00M
2. Timber Railing 155lf@ $20.00M
3. Earthwork (Embankment & Compaction) 800 sf cy @ $2.00/cy
= $48,000.00
= $5,550.00
= $2,880.00
= $2,625.00
= $59,055.00
= $76,000.00
= $3,150.00
= $450.00
= $2,625.00
= $82,225.00
= $20,000.00
= $3,100.00
= $1,600.00
Total Cost = $24,700.00
~p:cr=fveo BY
COMMUNrTV DEVELOPMENT DEPARTMENT
i~\PR 0 2 1996
E""I-!! B IT ~- .
-5 """"---:1
NUl
L. í- -,.- ~ -~-~ -
r I . "'" - -- U,,""
"mAILCO8.00M 0386J111
~.:JO ~-...."
-, .'J
""\.. ..]
~ -LJf:1IHX3
\
\
~ '"
\
\
..
~
\I
\['
-1
~
ti~
~
!~
}:
\31
\b ~
~ ~
.. '~
- ~ ~
.;::::: . ,vi ""' "-
r' /I!
. '.-/ 11
~ - ,/-! .¡
"./ . I
J /
- / '
i Ô
, I / III
I I :J '
t!
J :a
/ ()\1
----- ;' r\<r?-~
- -j . v -
~
-
It'
r
----J
-, _../
\
~\ I
i~
\
,)
If"
.. r-
~
,
t-1
;,
-'-----, Q
, I
"'" Q
t-I
-'" -'--
II ¡
~¡
~I
~'
~
-.1
'('
GEOLOGICAL HAZNROOUS AREA ANALYSIS
REQUIRED BY SECTION 22-1286 FWCC
BPA TRAIL PHASE II
Reauest to Encroach Into a Geologically Hazardous Area
(Administrative APproval Required)
Approximately 1,000 feet west of 1st Way, is a geological
hazardous area, as the slopes in this vicinity exceed 40 percent.
FWCC section 22-1286(b) states:
"Development activities, land surface modifications. . .
landscaping. . . may not occur on or within 25 feet of a
geologically hazardous area, unless no reasonable alternative
exists, and then only if the development activity or land surface
modification will not lead to or create any increased slide,
seismic, or erosion hazard."
Alderwood Gravelly Sandy Loam (AgO) soils with slopes exceeding
40 percent extend across the entire width of the BPA easement in
a narrow band approximately 1,000 feet west of 1st Way. As such,
a segment of the proposed trail must cross and encroach into this
geologically hazardous area. The encroachments are minor and
will create minimal impacts to this area as discussed below.
The following analysis will address the decisional criteria for
intrusions into the geologically hazardous area and/or the
associated 25 foot setback area as required by FWCC section 22-
1286 (b) :
a.
"No reasonable alternative exists."
Staff
Response:
As stated above, steep slope areas extend across the
width of the trail. The linear nature of the trail
requires the crossing of the slope at some location.
Encroachment into the steep slope area could be avoided
by relocating the trail to the north of the proposed
crossing location over wetland #2. However, by
relocating the trail to avoid the steep slope area,
additional wetland impacts would be created by crossing
wetland #2 farther north. The proposed crossing at
wetland #2 minimizes wetland impacts by using an
existing crossing, and creates minor impacts to the
steep slope areas. No reasonable alternative exists to
avoid all of the steep slopes on the site.
b.
"The development activity or land surface modification will
not lead to or create any increased slide, seismic, or
erosion hazard."
r" ." 'u"", ~""'. -I
I .
" ,
t- I \ ,-.' I .'. 3_" -"."--~
-'---I.- V.-
--
---.0
staff
Response:
The potential for a geologic hazard relates to erosion
potential of the AgD soils. According to the USDA Soil
Conservation Survey (Table 5), site soils can support
development of paths and trails with moderate
limitations. Effective erosion control measures and
drainage will be necessary in areas over steep slopes.
Any erosion-related impacts during élearing and
construction activities will be performed in accordance
with a Temporary Erosion/Sedimentation Control (TESC)
plan to be reviewed and approved by the City of Federal
Way. The geo-technical report does not indicate that
the construction activity will increase seismic or
slide activity.
Pursuant to FWCC section 22-1286(c) , the applicant has submitted
a geo-technical soils report prepared by Theodore Schepper of
Terra Associates. The soils report describes how the proposed
trail construction will impact slope stability, seismic hazards,
groundwater, seeps, and springs, and identifies measures to
mitigate these potential impacts. Pursuant to FWCC Section 22-
1286(d) , "... if the city approves any development activity,
conditions as listed in the section may be imposed, but are not
required as part of the approval." Below is an analysis of the
five conditions listed in FWCC Section 22-1286(d) and a
description of how the proposal will meet each one:
a.
"Tha~ ~he recommenda~ions of ~he soils report be followed."
Staff
Response:
The Federal Way Public works Department has reviewed a
preliminary site plan, and preliminary grading and
drainage plan. A TESC plan and erosion control
measures will address the issue of erosion potential
during construction. The project does not include
construction of structures other than the trail within
the area of steep slopes. The recommendations in the
October 12, 1996, soils report will be implemented as
conditions of construction permits.
"That the applicant pay for ~he services of a qualified
professional engineer selected and retained by ~he ci~y ~o
review the soils report and other relevan~ informa~ion."
b.
Staff
Response:
The city of Federal Way Public Works Department employs
professional, qualified, licensed engineers who will
perform the project design review. City projects are
exempt from payment of plan review and permit fees.
r' - t.'--'~....___1
,_.,'~-=
~ OF-L_w
t 1""",,-
c.
"That a qualified professional engineer be present on-site
during all land surface modification activities."
staff
Response: The City of Federal Way Public Works Department employs
professional, qualified site inspectors who will
perform on-site inspections during construction of the
trail. .
d.
"That trees, shrubs, and ground cover be retained except
where necessary for approved development activities on the
subject property."
staff
Response:
Trees, shrubs, and groundcover will be retained to the
maximum extent possible throughout the corridor except
where necessary to install approved development
activities related to the trail's construction.
Unwanted, invasive vegetation such as scotch broom and
noxious weeds will also likely be removed from the
corridor as part of the project.
e.
"That additional vegetation be planted in disturbed areas."
staff
Response:
Areas disturbed for trail construction, and trails to
be abandoned, will be planted with a native grass seed
mix and wildflower seed to improve the overall
appearance of the corridor and encourage a more natural
environment.
Conclusion:
No reasonable alternative to the proposed intrusions into the
geological hazardous areas and the associated buffer exists, and
pursuant to mitigation measures identified in the geotechnical
report, the development of the trail will not result in creating
or increasing slide, seismic, or erosion potential. All
conditions above will be met, therefore, the Director of
Community Development Services has granted preliminary
administrative approval to encroach within the geologically
hazardous slope and associated setback. Final approval will be
granted upon the review of final site, grading, drainage, and
landscape plans.
Approved:
)
Gregory~. Moore, Community Development Services Director
Date:
Of~
3J ¡c¡r¡ ~
r" ,~ q r-"\ ~~ -'-
, -
~. ._._----3-0F ~~
WETLAND INTRUSION ANALYSIS
REQUIRED BY FWCC SECTION 22-1358(b)
BPA TRAIL PHASE II
Request to Encroach Into a Requlated Wetland (Administrative APproval
Required for This Type of Use)
Approximately 2,065 square feet of wetland #1 wili be impacted by
locating a culvert in a portion of the minor stream corridor.
Additionally, 430 square feet of wetland #2 will be impacted by
placing fill material in the wetland (Exhibit F). As such, the
proposal is subject to FWCC section 22-1358(b), which allows for
pedestrian access through a regulated wetland in conjunction with a
public park. The access, if approved, must be designed to the maximum
extent feasible to protect the wetland from any adverse effects or
impacts of the access and to limit the access to the defined access
area.
Pursuant to section 22-1358(e), "... the applicant shall submit a
report, prepared by a qualified professional approved by the city that
includes. . . a mitigation plan. II The applicant submitted a wetland
mitigation program dated January 16, 1996. The city wetland
specialist reviewed and commented on the wetland program. To implement
the review comments, the applicant submitted a revised wetland
mitigation program dated March 28, 1996. In summary, the mitigation
program proposes to create approximately 5,000 square feet of
additional wetland area to compensate for impacting 2,495 square feet
of wetland, equalling a replacement ratio of 2:1. In addition,
approximately 2,600 square feet of native transitional upland
plantings will be installed around the perimeter of wetland #2.
In the event that the city approves this application of locating the
fill within wetland #2, and the fill material associated with placing
the stream in a culvert associated with wetland #1, mitigation of
impacts resulting from this work would be addressed by implementing
the wetland mitigation program by Otak dated March 28, 1996. The
construction timing element of the report should be amended to
identify a schedule of when wetland impacts will occur, when
mitigation of impacts will occur, and when the wetland mitigation will
be completed.
The mitigation report states that since the trail is a public park
facility, there is potential to develop interpretive signs and
educational materials about wetlands in general, and specifically
about the importance of wetland habitat. Wetland signage would help
the public observe and understand wetland value and functions.
Conclusion:
The wetland mitigation program has been designed to protect the
wetland from adverse effects and impacts, and the mitigation will
adequately compensate for the loss of wetland area if the recommended
conditions are imposed. As such, the Director of Community
Development Services grants preliminary approval to intrude into the
r",'w-Q:3!T ~~
r ¡ \ '- ~ ~ 0 F -2-~
existing regulated wetlands. Final approval will be granted only
after review of final site grading and engineering plans.
Conditions of Approval:
1.
Interpretive signs for educational and informational purposes
describing wetland functions, values, and habitat shall be
located along the trail on both sides of wetland #2, and along
wetland #1 in three places at approximately 300 feet on center.
Sign text, size, and location shall be reviewed and approved by
the Department of community Development Services prior to
issuance of construction permits.
2.
A construction schedule addressing timing of wetland impacts and
timing for completion of mitigation of impacts shall be submitted
to and approved by the Department of Community Development
Services prior to issuance of construction permits.
Approved:
. Moore, community Development Services Director
Date:
~
30, (91{,o
r'/~-:! BIT 1
h,~~~OF :2.,
1ST WAY SOUTH
(206) 661-4000
FEDERAL WAY, WA 98003-6210
April 30, 1996
Ms. Barbara Simpson
city of Federal Way Parks, Recreation, and Human Services
Department
33530 1st Way South
Federal Way, WA 98003
Mr. Trent Miller
city of Federal Way Public Works Department
33530 1st Way South
Federal Way, WA 98003
RE:
SPR95-0030 = SITE PLAN APPROVAL FOR PHASE II
Federal Way BPA Corridor Trail
Dear Ms. Simpson and Mr. Miller:
The City of Federal Way has completed the administrative site
plan review of the City of Federal Way BPA Corridor Trail Phase
II. The site plan submitted on November 22, 1995, with site plan
dated January 10, 1996, is hereby approved per the attached
Findings For Site Plan Approval. The remainder of this letter
outlines remaining review processes, gives a brief summary of the
process under the State Environmental Policy Act (SEPA), outlines
procedure relating to appeals, and approval periods as they
relate to site plan approval. Also included is a partial list of
building permit requirements. Additional requirements will be
provided as city departments review the building permit.
Review Processes Required
The site is zoned RS 7.2, RS 9.6, and RS 35.0 (Single Family
Residential). The trail is permitted subject to the provisions of
Federal Way city Code (FWCC) 22-646, Public Parks. The use must
be reviewed through Process III.
Under Process III review, the proposal requires final approval by
the Federal Way City Council. This site plan review decision,
which is an administrative approval, is an exhibit to the Process
III review. The Process III review will include a public hearing
with the Hearing Examiner, who will forward a recommendation to
the City Council for final review and decision. Therefore, this
site plan decision is required by the FWCC to be incorporated
into the staff report prepared for Hearing Examiner. site plan
EXH. 18 IT -.is.
PAC=~ OFI
._~
Ms. Barbara Simpson
Mr. Trent Miller
April 30, 1996
Page 2
..
approval does not grant license to begin any typ~ of site work.
A staff report addressing the Process III review for the project
is being prepared for the Hearing Examiner. A public hearing
before the Hearing Examiner has been scheduled for May 7, 1996,
at 3:00 p.m. in the Council Chambers. The Hearing Examiner has
ten working days to forward a written recommendation to the City
Council. The City Council Land Use and Transportation Committee
(LUTC) meeting and full Council review are tentatively set for
June 3, and June 18, respectively.
SEPA Process
The responsible official of the City of Federal Way issued a
Determination of Non-significance on March 2, 1996, pursuant to
the State Environmental Policy Act (File No: SEP95-0030). The
comment and appeal period for this determination was completed on
April 1, 1996, with no corrections to the city's initial
determination.
Partial List of Building Permit Conditions
The following condition must be addressed through the building
permit review process. This condition must be addressed prior to
issuance of any permits in conjunction with the project.
Additional building permit comments will be provided following
full review of the building permit application.
1.
A final landscape plan that meets the requirements of FWCC
Article XVII - Landscaping, FWCC section 22-1666(b), must be
submitted prior to permit issuance. Type III landscaping
must be retained or provided adjacent to the exterior
property line. Areas of particular concern are adjacent to
fill area #2 and between the trail and the Cove Apartments.
Alternatively, FWCC section 22-1570, provides opportunity to
modify the landscape requirements of the FWCC requirements.
All required landscaping must be installed based on the
approved plans before the final construction approval can be
issued.
r~'~~-11 BfT
L.."- "
I n ~ ::. eJC..
-'5
OF_S
Procedural Information
Unless modified or appealed, this site plan approval for the BPA
Trail Phase II approval is valid for a period of one year from
the date of the decision. If no further action is taken within
one year of this decision, the decision will expire. A one year
extension may be granted only if a written request is submitted
to the Department of community Development Services, 33530 1st
Way South, Federal Way, WA 98003, at least 30 days prior to the
expiration of the decision.
This decision may be appealed by any person who received a copy
of this decision. The appeal must be in the form of a letter
delivered to the Department of Community Development Services,
within 14 calendar days after issuance of the decision. The
appeal letter must contain a clear reference to the matter being
appealed and a statement of the factual findings and conclusions
of the Director of community Development Services disputed by the
person filing the appeal.
This decision shall not waive compliance with future City of
Federal Way codes, policies, and standards relating to this
development.
If you have any questions regarding this decision, please contact
Jim Harris, Associate Planner, at 661-4019.
:;l.l7~1 ~
~~ D. Moore, AICP
Dire or of Community Development Services
enc:
Findings for Site Plan Approval
Approved Site Plan
c:
Greg Fewins, Principal Planner
Jim Harris, Associate Planner
Dick Mumma, Building Official
stephen Clifton, Public Works
Greg Brozek, King County Fire
FILE
Development Services Manager
District
I:misclbpalrl.fnd
r"!..' , '=' ,-r_~---"...
~/\~-~OF~~~
..
FEDERAL WAY BPA TRAIL PHASE II
FINDINGS OF FACT
For
Site Plan Approval (File No. SPR95-0030)
The following are findings for recommending site" Plan approval
for the City of Federal Way BPA Corridor Trail Phase II.
1. The zoning for the subject site is Residential Single Family
RS 7.2, RS 9.6, and RS 35.0. Public parks are permitted in RS
zoning districts pursuant to Federal Way City Code (FWCC)
section 22-646, and require Process III review.
2. The 1995 Federal Way Comprehensive Plan designation is Parks
and Open Space.
3. The proposal is to construct a twelve-foot wide asphalt
recreational trail approximately 4,800 feet in length from
the 33200 block of 1st Avenue South along the BPA powerline
corridor to the 600 block of SW Campus Drive at the
Weyerhaeuser/King County Aquatic Center. This project is the
second phase of the City of Federal Way BPA powerline
Corridor Trail. Phase I of the trail begins at the
intersection of SW 324th Street and 11th Place South and
terminates at the 33200 Block of 1st Avenue South. The
proposal includes an eight foot wide connection to the West
Campus Trail, a six foot wide connection to the King County
Aquatic Center parking lot, and a six foot wide spur to a
viewpoint near the southwest portion of the trail. This
project also includes installation of a pedestrian and.
bicycle signal crossing at 1st Way South. The trail will meet
the requirements of the American with Disabilities Act (ADA).
4. The site is currently developed with BPA transmission lines
and support structures. The site is currently used informally
by the public for recreation including, walking, hiking, and
bicycling.
5. Urban utilities and services serve the site. Current uses
of the site and surrounding area include the following:
site: Developed with BPA transmission lines and support
structures.
North: Multi-family and single family developments.
South: Weyerhaeuser/King County Aquatic Center, SW Campus
Drive.
East:
First Way South, multi-family dwellings, and Panther
Lake regional stormwater detention pond.
6. Public services including fire and police protection are
available to the site. Removable bollards at the trailheads
will allow emergency vehicles to acces~\?~ ~ ~
1C/\nICI'~
PACS~ OF -Î..-
~.~:>
7.
8.
9.
10.
11.
12.
13.
2
Proposed surface water facilities have been designed in
accordance with requirements of the 1990 King County
Surface Water Design Manual. Final storm drainage plans
will be reviewed and approved prior to issuance of
construction permits.
Public access to the site will be located at the trailhead
at 1st Way South, at the trailhead adjacent to SW Campus
Drive, and at the parking lot at South 324th Street
constructed during Phase I.
The proposed development is located on and within
geologically hazardous areas, stream, and wetland areas.
Recommended conditions will ensure minimal disruption and
impact to these areas.
A specific analysis of geotechnical conditions and
recommended design standards related to steep slopes has
been provided. Terra Associates has provided a preliminary
geotechnical assessment of the site conditions along the
trail corridor, dated October 12, 1995 (Exhibit G). The
recommendations of the geotechnical engineer will be
implemented in the final design plans of this project.
The city has conducted an administrative analysis of
required decisional criteria for proposed intrusions on and
within 25 feet of geologically hazardous areas pursuant to
FWCC section 22-1286, dated April 30, 1996 (Exhibit I). The
geologic hazard area analysis is hereby incorporated by
reference as though set forth in full.
The applicant submitted a wetland delineation by otak Inc.
November 10, 1995 (Exhibit E). The delineation identified
two wetlands on the site. Wetland #1 is located near the
south end of the site and is associated with Panther Lake.
Wetland #2 is a small wetland near the center of the site.
The site plan proposes intrusions into both wetlands.
In accordance with code requirements, a wetland mitigation
program (dated January 16, 1996, and revised March 28,
1996), was prepared by Otak Inc (Exhibit F). Except as
recommended in the wetland intrusion analysis, the wetland
mitigation program sufficiently addresses mitigation of
impacts to the stream, wetlands, and their associated
buffers. Final construction plans will be required to
reflect the approved wetland mitigation plan. As indicated
in the wetland mitigation program, interpretive signs
should be placed around the wetland areas for educational
and informational purposes. A construction schedule shall
also be submitted and approved for implementation of the
wetland mitigation program.
EXHIBIT K
F¡~\ C ~ -----S:..- 0 F
cg~'
14.
15.
16.
17.
18.
19.
..
..
3
The city has conducted an administrative analysis of the
wetland intrusions pursuant to FWCC section 22-1358(b}
(Exhibit J). FWCC section 22-1358(b) allows public access
through a regulated wetland in conjunction with a public
park. This analysis is hereby incorporated .by reference as
though set forth in full. .
The city has conducted an analysis of required decisional
criteria for proposed intrusions within 100 feet of wetland
areas, and for cu1verting a stream pursuant to FWZC
sections 22-1359(c), and 22-1309. This analysis is
contained in section XI of the Process III staff report to
the Hearing Examiner.
Review and approval to encroach into a regulated wetland
setback area for this type of use, and to place a stream in
a culvert, are normally subject to Process I and criteria
outlined in FWCC Section 22-1359 and 22-1309. However,
since this project requires approval through Process III,
these requests will also be decided upon through Process
III. This is based on FWCC Section 22-387, which states
that if the development, use, or activity that requires
approval through Process I is part of a proposal that also
requires approval through Process III, the entire proposal
will be decided upon using Process III.
Approximately 6.2 percent of the site will be covered with
impervious surfaces, which will not exceed the 75 percent
lot coverage maximum of FWCC section 22-646.
A portion of the trail is located on property owned by King
County. An interlocal agreement, easement, or other written
agreement should be executed to allow construction on King
County property.
FWCC section 22-646 requires parking on a case by case
basis for this type of use.
The purpose of the trail is to encourage alternative modes
of transportation, i.e., walkers and bicyclists, thus
reducing the number of vehicle trips. Parking demand for a
trail use is difficult to determine because of the intended
use of the trail.
The BPA trail is primarily used by people who live or work
near the trail, and these people walk, run, or bicycle to
the trail from home or work, thus creating minimal parking
demand. Currently, due to the limited total length of the
trail, including Phases I and II, the BPA trail is not
considered a destination trail such as the Interurban trail
or the Burke Gilman trail. The limited length of the trail
creates a low parking demand as most users are from nearby.
K
OF~,..,i
I=- \/ J-J. r 8 IT
~l \., ~
r"'I ," 1'"'. -~
I~ .~.
11/\,--
20.
21.
22.
23.
24.
25.
26.
27.
~
4
Twelve parking stalls were constructed with Phase I of the
BPA trail at SW 324th street and 11th Place South. The 12
stall parking lot has been sufficient to serve Phase I of
the trail and should continue to be sufficient for Phase
II. The Federal Way Parks and Recreation D~partment has not
identified any shortage of parking facilities for Phase I
of the trail. In addition, street parking is available
around the 1st Way trailhead along South 333rd Street. If
the existing parking becomes insufficient in the future,
the Parks Department has identified a location adjacent to
1st Way for a future parking lot.
Any erosion related impacts during clearing and
construction will be mitigated by implementing a Temporary
Erosion/Sedimentation Control (TESC) plan to be reviewed
and approved by the City of Federal Way before a building
permit may be issued.
A State Environmental Policy Act (SEPA) Determination of
Nonsignificance (DNS) was issued on March 2, 1996, with the
comment and appeal date ending on April 1, 1996. No appeals
of the SEPA decision were received.
The final staff evaluation for the environmental checklist,
Federal Way Application Number SEP95-0030, is hereby
incorporated by reference as though set forth in full.
FWCC section 22-646, states that setbacks for public parks
will be reviewed on a case by case basis. The trail is
located approximately 10 feet from the Cove Apartments
property line, 900 feet west of 1st Way. The 10 foot
setback is the closest the trail is to any abutting
residential use. Unless modified pursuant to FWCC section
22-1570, landscaping is required for this approximately 200
foot long stretch of the trail, as grading is proposed
close to the property line. At the closest point, the trail
is approximately 80 feet south of single family residences
in the Ridge Division Five, along 4th Avenue SW. The
location of the trail as proposed should not adversely
impact adjacent development.
No structures are proposed for Phase II of the trail.
The proposal embodies good design principles that will not
conflict with adjacent uses in the immediate area.
The proposed site plan was reviewed to ensure conformance
with the zoning code and optimal location and configuration
of access to the subject property.
The proposed site plan, application, and application
attachments have been reviewed for co~liance with the
[ \/i--HBfT lÇ
fnC s-.-:L OF_- !t-~~'
¿
¿
5
Federal Way Comprehensive Þlan, pertinent zoning
regulations, and all other applicable city regulations.
28.
The proposed development is consistent with site Plan
Review decisional criteria required under ~ction 22-364,
Purposes of Review, of the Federal Way city Code.
29.
The findings for site plan approval for SPR95-0030 are
hereby incorporated as an exhibit to Process III as though
set forth in full pursuant to FWCC section 22-366.
CONCLUSIONS: The proposed site plan and application have been
reviewed for compliance with Federal Way Comprehensive Plan,
pertinent zoning regulations, and all other applicable city
regulations. Final construction drawings will be reviewed for
compliance with specific regulations, conditions of approval, and
applicable city requirements. This decision shall not waive
compliance with future City of Federal Way codes, policies, and
standards relating to this decision.
Approved:
. Moore, AICP
of Community Development Services
Prepared by: Jim Harris, Associate Planner
Date: April 30, 1996
Exhibits:
Approved site Plan, January 10, 1996
I :..hc\bpatrl.fDd
EXHIBIT K
--: ro- ð 0 F q
~ ,~. - --~ ---'L-....~
draft
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, APPROVING THE
FEDERAL WAY BP A TRAIL PHASE II; (FEDERAL WAY
FILE NO. UPR 95-0029, FEDERAL WAY HEARING
EXAMINER NO. 96-08).
WHEREAS, The Federal Way Parks, Recreation, and Cultural Services
Department (" Applicant") has submitted an application to construct a twelve (12) foot wide
asphalt recreational trail located in the Bonneville Power Administration (BP A) powerline
corridor between the 33200 Block of 1st Way South and the 600 Block of Southwest Campus
Drive, Federal Way, Washington (the "Application"); and
WHEREAS, the Application is proposed for a site that is presently zoned
Residential Single Family (RS) 7.2, RS 9.6, and RS 15.0; and
WHEREAS, the Application is for a linear public park and pursuant to Federal
Way City Code (FWCC) Section 22-646, the request to locate a public park in a RS zoning
district requires Process III review; and
WHEREAS, a determination of non-significance ("DNS") for this Application was
issued by the City of Federal Way's Responsible Official on March 2, 1996 pursuant to the
FWCC and the State Environmental Policy Act ("SEPA") and the DNS was not appealed; and
WHEREAS, all public notices having duly been given pursuant to FWCC Section
22-480; and
Res.#
, page#
WHEREAS, FWCC Section 22-490( d) contains criteria for the consideration of
the Process III application; and
WHEREAS, the Application includes a request to intrude into the 100 foot
wetland setback area of two wetlands, and minor improvements such as footbridges, walkways,
and benches are allowed within the setback area of a regulated wetland pursuant to a Process I
review and the decisional criteria contained in FWCC Section 22-1359(c); and
WHEREAS, the Application includes a request to place approximately 100 feet
of a minor stream in a culvert, and placing a stream in a culvert is allowed subject to a Process
I review and the decisional criteria contained in FWCC Section 22-1309; and
WHEREAS, pursuant to FWCC Section 22-387 if a proposal requiring approval
through Process I is part of a proposal that also requires approval through Process III, the entire
proposal will be decided upon using the Process III review; and
WHEREAS, pursuant to FWCC Section 22-482, the Federal Way Land Use
Hearing Examiner held a public hearing on the Application on May 7, 1996; and
WHEREAS, at the conclusion of said hearing, the Federal Way Land Use Hearing
Examiner issued Findings, Conclusions and Recommendations for the Application on May 20,
1996; and
WHEREAS, the City Council of the City of Federal Way is the governmental
body having jurisdiction and authority to pass upon approval, denial and modification of the
Application pursuant to the FWCC; and
, Pagel
Res.#
WHEREAS, FWCC Sections 22-490(d), 22-1359(c) , and 22-1309 contain
decisional criteria for the Federal Way City Council's consideration of the Process I and Process
III review, and
WHEREAS, this matter having been considered by the Federal Way City Council
Land Use/Transportation Committee at its meeting on June 3, 1996, for the purpose of issuing
its recommendation for conditional approval of the Application to the full City Council; and
WHEREAS, the City Council having considered the written record and the
Recommendation of the Hearing Examiner, pursuant to FWCC Section 22-490 on this date;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. Hearing Examiner's Recommendation. The Findings of Fact and
Conclusions of Law contained in the Recommendation of the Federal Way Land Use Hearing
Examiner issued May 20, 1996, following a public hearing held on May 7, 1996, a copy of
which is attached hereto as Exhibit "A" and incorporated by this reference ("Recommendation"),
which included a recommendation to approve minor improvements and a walkway within the
setback area of a regulated wetland, and a recommendation to place 100 feet of a minor stream
in a culvert, are hereby adopted as the Findings of Fact and Conclusions of Law of the Federal
Way City Council.
Section 2. Process III Decisional Criteria. Pursuant to FWCC Section 22-490(d),
the Federal Way City Council concludes that the decisional criteria have been satisfied as the
Application is consistent with the Comprehensive Plan, is consistent with all applicable
, page#
Res.#
provisions of the FWCC including those adopted by reference from the Comprehensive Plan,
and the Application is consistent with the public health, safety, and welfare.
Section 3. Application Approval. Based upon the Federal Way City Council's
Findings of Fact and Conclusions of Law, as adopted by the City Council pursuant to Section
1 herein, the Application for the Federal Way BPA Trail Phase II, Federal Way File No. UPR
95-0029, Federal Way Hearing Examiner No.96-08, is hereby approved.
Section 4. Conditions of Approval Integral. The conditions of approval of the
Application are all integral to each other with respect to the Federal Way City Council finding
that the public use and interest will be served by the approval of the Application and
modifications contained therein. Should any court having jurisdiction of the subject matter
declare any of the conditions invalid then, in said event, the approved Application and
modifications granted in this resolution shall be deemed void, and the Application shall be
remanded back to the City of Federal Way Land Use Hearing Examiner to review the impacts
of the invalidation of any condition or conditions and conduct such additional proceedings as are
necessary to insure that the Application makes appropriate provisions for the public health,
safety and general welfare and applicable City ordinances, rules and regulations and forward
such recommendation to the City Council for further action.
Section 5.
Severability.
If any section, sentence, clause or phrase of this
resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this resolution.
, Pagel
Res.#
Section 6. Ratification. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affirmed.
Section 7. Effective Date. This resolution shall be effective immediately upon
passage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this
day of
,1996.
CITY OF FEDERAL WAY
MA YOR, MAHLON (SKIP) PRIEST
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
Res.#
, page#
CITY OF -
___8 - ED~
~~AY"
DATE:
May 29, 1996
TO:
Phil Watkins, Chair
Land Use/Transportation Committee
~'\
FROM:
Ken Miller, Street Systems Manager
SUBJECT:
Design Approval and Authorization to Bid South 356th Street Right Hand Turn Lane
Bond Project
BACKGROUND
The South 356th Street Right Hand Turn Lane Project is the first street improvement bond project
to be completed. This project will construct a right hand turn lane approximately 150 feet long
on the south side of South 356th Street.
The plans and specifications are 90% complete and a reduced copy of the construction plan is
attached. We are anticipating bidding and awarding the project in July and starting construction
in August. Construction will be completed in October 1996.
RECOMMENDATION
Forward the following recommendations to the June 18, 1996 Council meeting for approval.
1).
Approve the S. 356th Street RHTL final design.
2).
Authorize staff to bid the project and low bid will be brought back to Council for
award.
KM:cp
cc:
Cary M. Roe, Public Works Director
Project FilelDay File
K: \LUTC\S356BID .MEM
A PORTION OF N.E. 1'. SECTION 28, TOWNSHIP 21 NORTH, RANGE. EAST. W.M.
S. Se8TH ST.
~." '0" ,
""=.:.-\
""
;,;,.""
'0 ."
\
/
,..,j
888S0 18T WAY 8OUm
;::': ~~'".
~
'C.-.,."
I
I
/
I
I
-----------~
.-s
.I'
CITY OF FEDERAL WAY
S. 356TH ST. AT S.A. 99 - RIGHT TURN LANE
\N SHEET
FEDEIW. *y
/
/
/
!J
/f"
~.... ¡
if
ð~
I
. It'
e'
/
0
N
t:J
GC==-
GARDf\ER CONSLL T ANtS
~~ ..X'~s.. ~~I?'. ~~. ):;f,,'
WI\StINØTOH