Council PKT 11-16-1999 RegularCI T Y CO UNCIL MEE TING
AGENDA
NOVEMBER 16~ 1999
COUNCILMEMBERS
Ron Gin'tz, Mayor
Jeanne Burbidge
Jack Dovey
Mary Gates
Linda Kochmar
Michael Park
Phil Watkins
City Manager
David H. Moseley
*REVISED*
AGENDA
FEDERAL WAY CITY COUNCIL
RF~ULAR MEETING
Council Chambers - City Hall
November 16, 1999 - 7:00 p.m.
(~. ci.federal-way, wa. us)
CALL MEETING TO ORDER
IVo
ao
PLEDGE OF ALLEGIANCE
Brownie Scout Troop #1773
PRESENTATIONS
Diversity Commissioner Introduction/Certificate
Economic Development Update
City Manager/Introduction of New City Employees
City Manager/Emerging Issues
CITIZEN COMMENT
PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE DEPUTY CLERK PRIOR TO SPEAKING. Citizen,~
may address City Council at this time. When recognized by the Mayor, please come forward to the podium, adjust the
microphone to proper height, and state your name and address for the record. PLEASE LIMIT YOUI~ REMARKS TO
THREE O) MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other
individuals, or are otherwise inappropriate.
CONSENT AGENDA
(Items listed below have been previously reviewed by a Council Committee of three members and brought
before full Council for approval; all items will be enacted by one motion; individual items may be removed by
a Councilmemberfor separate discussion and subsequent motion.)
ao
Minutes/November 2, 1999 Regular Meeting
Council Bill #233/SWM Comprehensive Stormwater Program/Enactment Ordinance
Human Services Comprehensive Plan Update
over please . . .
VI.
VII.
ae
do
Changeable Message Board Bid Award
Celebration Park 2% for Art Project
Appeal Hearing/Bathhouse Li~nse Denial
1998 Asphalt Overlay Project Acceptance & Retainage Release
Military_ Rd $o/$o 304a St Traffic Signal Improvement Project Acceptance &
Retainage Release
Legislative Rezone Request
Human Services Commission Reappointment
Wireless Site Lease Agreement
PUBLIC HEARINGS
1999-2000 Biennial Budget Adjustments & Property Tax Rate
- Citizen Comment
60 % Annexation Petition/Elley-Quadrant Tract 17
- Citizen Comment
- Council Deliberation
- Resolution
CITY COUNCIL BUSINESS
City Council Rules of Procedure
ORDINANCES
Council Bill #230/Sensitive Areas Code Amendment/Enactment Ordinance
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING SECTION 22-1 AND AMENDING AND ADDING NEW
SECTIONS TO ARTICLE XIV OF CHAPTER 22 OF THE FEDERAL WAY ZONING CODE,
REGARDING ENVIRONMENTALLY SENSITIVE AREAS.
Council Bill #232/Property Tax Rate/Enactment Ordinance
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR 2000.
Council Bill #234/1999-2000 Biennial Budget Adjustment/Introduction Ordinance
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO BUDGETS AND FINANCE, REVISING THE 1999-2000
BIENNIAL BUDGET (AMENDS ORDINANCE 98-325, 99-338 AND 99-345).
Council Bill #235/Sign Code Amendment/Introduction Ordinance
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING CHAFFER 22 OF THE FEDERAL WAY CITY CODE,
RELATING TO SIGNS. (AMENDS ORDINANCE 99-348)
f.
Council Bill F236/Elley-Ouadrant Tract 17 Annexation Acceptance/
Introduction Ordinate
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, ANNEXING APPROXIMATELY 1.25 ACRES, LOCATED EAST OF
INTERSTATE 5, WEST OF MILITARY ROAD, AND APPROXIMATELY 600 FEET NORTH
OF SOUTH 320TM $rRE~, AT WEYERHAEUSER WAY SOUTH (IF EXTENDED).
Council Bill g237/Shoreline Code Amendment/Introduction Ordinance
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING CHAPTER 18 OF THE FEDERAL WAY ZONING CODE,
ADOPTING SPECIFIC AMENDMENTS TO THE SHORELINE REGULATIONS AND
ADOPTING A SHORELINE MASTER PROGRAM TO INCLUDE IN THE FEDERAL WAY
COMPREHENSIVE PLAN AND TO REPLACE THE ADOPTED KING COUNTY ORDINANCE
(rifle 25).
CITY COUNCIL REPORTS
Xo
CITY MANAGER REPORT
EXECUTIVE SESSION
City Manager Performance Criteria/Pursuant to RCW 42.30.110(1)(gl
Potential Litigation/Pursuant to RCW 42.30.110(1)0)
ADJOURNMENT
** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA **
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
CATEGORY: BUDGET IMPACT:
~ CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $ N/A
Expenditure Amt: $ N/A
Contingency Reqd: SN/A
ATTACHMENTS: Minutes of the November 2, 1999 Regular City Council Meeting.
SUMMARY/BACKGROUND: Official City Council Meeting Minutes for Permanent Record Pursuant to
RCW Requirements.
CITY COUNCIL COMMITTEE RECOMMENDATION: N/A
CITY MANAGER RECOMMENDATION: Approve Official Minutes.
APPROVED FOI~~IJ~SION IN COUNCIL
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
I:\COVERCC-5/14/96
DRAFT
FEDERAL WAY CITY COUNCIL
Council Chambers - City Hall
November 2, 1999
REGULAR MEETING- 7:00 PM
MINUTES
I. CALL IVIEBTING TO ORDER
Deputy Mayor Park called the meeting to order at 7:00 PM.
Councilmembers present: Deputy Mayor Park, Councilmembers Burbidge, Dovey, Oaths,
Kochmar, and Watkins. Mayor Gintz excused.
Staff present: City Manager David Moseley, City Attorney Londi Lindell, Deputy City Attorney
Bob Sterbank, City Clerk Chris Oreen, and Deputy City Clerk Laura Ulanowski.
II. PLEDGE OF ALLEGIANCE
Councilmember Dovey led the Pledge of Allegiance.
III. PRESENTATIONS
a. SPIRIT Award/Month of November
City Manager David Moseley presented GIS Analyst Mike Strong with the SPIRIT Award for
November.
b. City_ Manager/Intro~iugti0n of New City Employees
City Manager David Moseley introduced Gina Hoffman, Court Services Supervisor.
c. City_ Manager/Emerging Issues
Mr. Moseley stated there is no emerging issues report this evening.
IV. CITIZEN COMMENT
Charles Connon, submitted a letter to Council regarding the Parke Property Condemnation
Ordinance and stated he is opposed to the condemnation.
Jerry. Jackson, supports the 320~' Street Annexation and asked Council to allow the annexation
effort to go forward while clarifying county issues.
City Council Regular Meeting
November 2, 1999 - Page 2
Ve
CONSENT AGENDA
ao
Minutes/October 19. 1999 Regular Me,I/n? - Approved
Voucher/November 2. 1999 - Approved
Monthly Financial Report/Month of S~tember 1999 - Approved
320th Street Annexation/Notice of Intention to Petition for Annexation - Approved
BPA Trail Phase Ill Design - Approved
Diversity_ Commission Vacancy Appointmont - Approved
Sign Program Within 320a/Pacific Hwy_ Construction Area - Approved
Council Bill g231/Trials & Com_oefifion/Park Regulafion~ Co{lo Amen.dmenff
Enactment Ordinanc~ - Approved Ordinance # 99-351
English Creek Project/Final Project Accep_ tanc~ - Approved
COUNCILMEMBER WATKINS MOVED APPROVAL OF THE CONSENT AGENDA.
COUNCILMEMBER BURBIDGE SECOND.
Councilmember Kochmar pulled Consent Item (d).
The motion to approve Consent Items (a), Co), (c), (e), (f), (g), (h) and (i) carried as follows:
Burbidge yes Dovey yes
Gates yes Gintz absent
Kochmar yes Park yes
Watkins yes
Consent Item (d) - 320t~ Street Annexation/Notice of Intention to Petition for Annexation:
Councilmember Kochmar asked for clarification on this item. Councilmember Watldns stated the
Land/Use Transportation Committee reviewed both options presented to them and decided to
recommend Option 1, which is not to proceed with the annexation at this time. Councilmember
Watkins stated the City does not want to move forward with the annexation while there are legal
complications involved.
COUNCILMEMBER WATKINS MOVED APPROVAL OF THE COMMITTEE ACTION
OPTION (# 1), TO NOT ACCEPT THE NOTICES OF INTENTION TO PETITION AT
THIS TIME, BASED ON EXISTING OUTSTANDING CODE VIOLATIONS, AND TO
CONSIDER A FUTURE ANNEXATION PROPOSAL FOR THESE PROPERTIES ONLY
AFTER THE CODE VIOLATIONS ARE RESOLVED. COUNCILMEMBER GATES
SECOND. The motion passed 5-1 as follows:
Burbidge yes Dovey no
Gates yes Gintz absent
Kochmar yes Park yes
Watkins yes
City Council Regular Meeting
November 2, 1999 - Page 3
VI.
PUBLIC HEARINGS
A_L~.al HearingJBathhouse License Denial/Johnston
Deputy Mayor Park read into the record the procedures to be followed in this public hearing and
opened the hearing at 7:25 PM.
Melissa Johnston, appellant, did not appear for the hearing. Pat Richardson, Assistant City
Attorney, gave Council a brief background of the facts of this case and stated the Hearing
Examiner upheld the City's decision to deny Ms. Johnston a bathhouse license.
Deputy Mayor Park stated the Council will take this matter under advisement to issue a decision
on November 16, 1999.
Deputy Mayor Park closed the Public Heating at 7:32 PM.
b. Preliminary Hearing/1999-2000 Biennial Budget Adjustments & Property_ Tax Rate
Deputy Mayor Park read into the record the procedures to be followed for this public heating and
opened the h ~e4xing at 7:34 PM.
H. David Kaplan, endorsed the City Manager's budget recommendations.
MOTION BY COUNCII34EMBER DOVEY TO CLOSE THE PUBLIC HEARING.
COUNCII~MEMBER WATKINS SECOND. The motion carried as follows:
Burbidge yes Dovey yes
Gates yes Gintz absent
Kochmar yes Park yes
Watkins yes
Deputy Mayor Park closed the public hearing at 7:36 PM.
VII.
INTRODUCTION ORDINANCES
ao
Council Bill/t232/Property Tax Rate
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE
YEAR 2000.
MOTION BY DEPUTY MAYOR PARK TO MOVE THE ORDINANCE AS PRES~
TO A SECOND READING/ENACTMENT AT THE NOVF31BER 16, 1999 CITY
COUNCIL MEETING. COUNCIl.MEMBER DOVEY SECOND.
City Council Regular Meeting
November 2, 1999 - Page 4
MOTION BY COUNCILMEMBER KOCHMAR TO AMEND PAGE ONE OF THE
ORDINANCE TO STATE: NOW, THEREFORE, BE IT ORDAINED, BY THE CITY
COUNCIL OF THE CITY FEDERAL WAY, THAT THE LIMIT FACTOR FOR THE
REGULAR LEVY FOR THE CALENDAR YEAR 2000 SHALL BE 101.42% BASED ON
LOCAL INFLATION PLUS AN ADDITIONAL 1.9% FOR THE INCREASE IN ASSESSED
VALUE RESULTING FROM ~ ANNEXATION AND/OR NEW CONSTRUCTION FOR
A TOTAL OF 103.25%. COUNCIl.MEMBER WATKINS SECOND.
The vote on the amendment to the main motion was a 3-3 tie as follows:
Burbidge no Dovey yes
Gates no Gintz absent
Kochmar yes Park no
Watldns yes
The amendment died.
The vote on the main motion was a 3-3 tie as follows:
Burbidge yes
Gates yes
Kochmar no
Watldns no
Dovey no
Gintz absent
Park yes
The main motion died.
MOTION BY COUNCILMEMBER GATES TO MOVE THE ORDINANCE TO A SECOND
READING/ENACTMENT ON NOVF31BER 16, 1999, MOVING THE PERCENTAGE
RATES FOR THE LIMIT FACTOR FOR THE REGULAR LEVY FOR THE CALENDAR
YEAR 2000 BASED ON LOCAL INFLATION, PLUS THE INCREASE IN ASSESSED
VALUE RESULTING FROM ANNEXATION AND/OR NEW CONSTRUCTION BE LEVI'
BLANK UNTIL CONSENSUS IS REACHED BY COUNCIL PRIOR TO APPROVING THE
PROPERTY TAX RATE. COUNCII34EMBER DOVEY SECOND. The motion carried as
follows:
Burbidge yes Dovey yes
Gates yes Gintz absent
Kochmar yes Park yes
Watkins yes
City Council Regular Meeting
November 2, 1999 - P-ge 5
Council Bill g233/SWM-Dep_ t of Ecology Comprehensive Stormwat~r Prog~m
Adootion
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, REPEALING CHAPTER 21 OF THE FEDERAL WAY
CITY CODE AND ADOPTING NEW SURFACE AND STORM WATER
MANAGEMENT, OPERATION AND MAINTENANCE, AND WATER
QUALITY CODES AS CHAPTER 21 OF THE FEDERAL WAY CODE.
l~isa Austin, SWM Coordinator with the Department of Ecology - stated DOE supports the
adoption of this ordinance to bring the City of Federal Way into compliance and congratulated the
City on their efforts to move forward.
David Moorie, stated more information is needed before the City adopts this ordinance. Mr.
Moorie stated taxpayers will end up paying the cost for downstream run-off.
MOTION BY COUNCH.MEMBER WATKINS TO MOVE TO A SECOND
READING/ENACTMENT AT THE NOVEMBER 16, 1999 CITY COUNCIL MEETING.
COUNCILMEMBER DOVEY SECOND. The motion carried as follows:
Burbidge yes Dovey yes
Gates yes Gintz absent
Kochmar yes Park yes
Watkins yes
CITY COUNCIL REPORTS
Councilmember Dovey stated the next meeting of the Parks/Recreation/Human Services/Public
Safety Committee is scheduled for November 8, 1999 at 5:30 PM.
Councilmember Watkins stated the next meeting of the Land Use/Transportation Committee is
scheduled for November 4, 1999 at 5:30 PM, and there will be a bus tour of telecommunications
towers on November 15,1999 at 4:00 PM.
Councilmember Burbidge stated she attended the opening ceremony for Habitat for Humanity
duplex in Federal Way on October 26, 1999 and attended a Law, Safety and Justice Meeting on
October 28, 1999.
Councilmember Gates stated the next meeting of the Finance/Economic Development/Regional
Affairs Committee is scheduled for November 23, 1999 at 5:30 PM and updated Council on
regional issues.
City Council Regular Meeting
November 2, 1999 - Page 6
Councilmember Kochmar stated the Airport Communities Coalition held a public hearing on
November 3, 1999 at Foster High School, and thanked Councilmember Burbidge for attending the
groundbreaking for Habitat for Humanity.
Deputy Mayor Park stated Council held a study session on the budget earlier in the evening and
reviewed the budget calendar.
CITY MANAGER REPORT
City Manager David Moseley stated the City of Federal Way received a Distinguished Budget
Award from the Government Finance Officer's Association for 1999-2000; the City will host a
Suburban Cities Association Meeting on November 10, 1999; he attended the Westway Open
House of six refurbished town homes stating it is a good example of affordable housing in the City
of Federal Way; staff attended the first annual International Community Expo at SeaTac Mall on
October 20, 1999; Highline Community College and Hachinohe have signed an International
Cooperative Agreement which will further foster the Sister City relationship.
Xe
ADJOURNMENT
There being no further business before the Federal Way City Council, Deputy Mayor Park
adjourned the meeting at 8:10 PM.
Laura Ulanowsld, Deputy City Clerk
MEETING DATE: November~, 1999
ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
CATEGORY: BUDGET IMPACT:
d~CONSENT
X ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: · Memorandum dated October 11, 1999 to Land Use/Transportation Committee.
· Table One - Federal Way Storm Water Program Evaluation, Comparison with Ecology Basic
and Comprehensive Program Requirements
· Table Two - Equivalency Table for Storm Water Management Ordinance
· Combined Storm Water Management Ordinance; Operations and Maintenance Ordinance;
Water Quality Ordinance
· Addendum to the King County Surface Water Design Manual
SUMMARY/BACKGROUND: The Federal Way Surface Water Management Division recommends
adoption of the three Ordinances and the technical manual addendum to comply with Department of Ecology's
requirements for municipal storm water programs.
The 1987 Puget Sound Water Quality Management Plan (the Plan) establishes the requirement for local
governments in the Puget Sound region to implement storm water management programs. Ecology is charged
with reviewing progress made by local govermnents in developing and implementing storm water programs.
This review focuses on progress in developing and implementing storm water management prograr.~s rather
than short-term success in achieving water quality standards or numeric effluent standards for storm water
discharges.
To facilitate Ecology's review, the City of Federal Way prepared two equivalency tables. These tables
compare the current status of Federal Way's program with Ecology's minimum requirements. Ecology has
reviewed Federal Way's equivalency tables, and has approved most elements as equivalent to their
requirements. Ecology has commended Federal Way on its proposed storm water program, and encouraged
the City to proceed with adoption of the three Ordinances and addendum to the King County Surface Water
Design Manual.
The attached memo and information packet was presented to Land Use/Transportation Committee on October
18, 1999. The packet details the Puget Sound Water Quality Authority's requirements, the City of Federal
Way's response, and the Department of Ecology's review.
CITY COUNCIL COMMITTEE RECOMMENDATION: At its October 18, 1999 meeting, the Land Use
and Transportation Committee recommended that the following documents be forwarded to the full City
Council to be adopted and implemented by Federal Way: · Storm Water Management Ordinance
· Operations and Maintenance Ordinance
· Water Quality Ordinance
· 1998 King County Surface Water Design Manual and Federal Way Addendum to the King
....................................... ..................................................................................................................................
CITY MANAGER RECOMMENDATION: Approve Council Corem'l tree recommendation
APPROVED FOR INCLUSION IN COUNCIL PACKE~/V~
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
K:\COUNCILLa. GDBILLS\1999\DOE Ordinance Pkg
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
CITY OF ~
DATE:
TO:
FROM:
SUBJECT:
October I1, 1999
Phil Watkins, Chair
Land Use/Transportation Committee
Jeff Pratt, Sudace Water Manager
Department of Ecology Basic and Comprehensive Stormwater Program
Adoption Proposal Package
Background:
Guide to Attachments:
This package contains the following documents:
Table 1 - Federal Way Stormwater Program Evaluation, Comparison with Ecology
Basic and Comprehensive Program Requirements
· Table 2 - Equivalency Table for Stormwater Management Ordinance (Basic Program
Requirement BI in Table 1)
· Stormwater Management Ordinance
· Operations and Maintenance Ordinance
· Water QualiLy Ordinance
· Addendum to the King County Surface Water Design Manual
The Federal Way Surface Water Management Division recommends adoption of the three
ordinances and the technical manual addendum to comply with Department of Ecology's
requirements for municipal stormwater programs.
Municipal Stormwater Programs:
The 1987 Puget Sound Water Quality Management Plan (the Plan) establishes the requirement
for local governments in the Puget Sound region to implement stormwater management
programs. All jurisdictions in the Puget Sound basin are required to adopt basic stormwater
programs, and densely populated, urbanized areas (defined by the U.S. Bureau of the Census) are
required to implement additional requirements for comprehensive storrnwater programs. The
City of Federal Way is required to implement both basic and comprehensive stormwater
programs. The goal for these programs as stated in the Plan is to
"protect shellfish beds, fish habitat, and otb'er resources; to prevent the
contamination of sediments from urban runoff and combined sewer
overflows; and to achieve standards for water and sediment quality by
reducing and eventually eliminating harm from pollutant discharges from
stormwater and combined sewer overflows throughout Puget Sound."
The Plan establishes requirements for local stormwater management programs and directs the
Department of Ecology (Ecology) to establish minimum standards for controlling stormwater
discharges at the local level. Ecology's minimum standards are contained in the Stormwater
Management Manual for the Puget Sound Basin. This technical manual also contains best
management practice (BMP) design standards that may be used to meet the minimum standards.
The basic Stormwater Program is prevention oriented, and sets minimum standards for new
development and redevelopment. The minimum standards stress source control as a first priority
in addressing stormwater quality. The basic program elements consist of the following:
· Stormwater Management Ordinance (containing minimum requirements for new
development and redevelopment)
· Operations and Maintenance Ordinance (and program)
· Water Quality Ordinance (or include water quality requirements in Stormwater
Management Ordinance)
· Technical Manual containing design standards, and source control and treatment
BMPs
· Education programs __
· Growth management planning and interiocal coordination
Comprehensive Stormwater Programs are both preventative and corrective and address runoff
from new and existing industrial, commercial, and residential areas. Comprehensive stormwater
programs consist of all of the basic program elements, plus the following:
· Implementation schedule
· Program to identify and rank significant water pollution sources
· Program to investigate and correct problem storm drains
· Inspection, compliance, and enforcement measures
· Water quality response program
· Adequate funding
· Local coordination agreements
The deadline for implementation of basic programs was June 1999 (extended from January 1995).
Ecology established a tiered schedule for implementation of Comprehensive Stormwater
Programs with Federal Way's deadlines being June of 1997 for an implementation strategy, and
December 1998 for a program target due date.
Equivalency Tables
Ecology is charged with reviewing progress made by local governments in developing and
implementing stormwater programs. This review focuses on progress in developing and
implementing stormwater management programs rather than short-term success in achieving
water' quality standards or numeric effluent standards for stormwater discharges.
To facilitate this review, the City of Federal Way prepared two equivalency tables. These tables
compare the current status of basic and comprehensive program elements in Federal Way with
Ecology's requirements. The first table, entitled "Federal Way StormwaterProgram Evaluation,
Comparison With Ecology Basic and Comprehensive Program Requirements" evaluates the
overall program elements. This is the master table that provides Federal Way's assessment of its
current stormwater program's equivalency with Ecology's required program. This table also
serves as Federal Way's stormwater program implementation schedule.
The second table, entiUed "Equivalency Table for Stormwater Mgnagement Ordinance (Basic
Program Requirement BI in Table I)" evaluates the current Fe, heral Way City Code against
Ecology's minimum standards for stormwater ordinances. Ecology considers its minimum
requirements (listed below) to be the necessary core for any stormwater program. Therefore,
their review and approval of community's stormwater programs is intensively focused on the
minimum requirements.
DEPARTMENT OF ECOLOGY MINIMUM REQUIREMENTS
FOR STORMWATER REGULATIONS
I. Erosion and Sediment Control
2. Preservation of Natural Drainage Systems
3. Source Control of Pollution
4. Runoff Treatment BMPs
5. Strearnbank Erosion Control
6. Wetlands
7. Water Quality Sensitive Areas
8. Off-Site Analysis and Mitigation
9. Basin Planning
10. Operation and Maintenance
1 I. Financial Liability
Ecology has reviewed Federal Way's Equivalency Tables, and has approved most elements as
equivalent to Ecology's requirements. Ecology has commended Federal Way on its proposed
stormwater program, and encouraged the City to proceed with adoption of the three ordinances
and Addendum to the King County Surface Water Design Manual (KCSWDM) described below.
The few remaining issues are related to technical elements in the KCSWDM, which Federal Way
uses as its Technical Manual. Ecology has acknowledged that these issues are minor in nature
and will be resolved throt~gh ongoing studies.
Current Status of Federal Way's Stormwater Program and Proposed Substantive
Changes
The biggest deficiency in Federal Way's current stormwater program is the FWCC Chapter 21
sections that address stormwater management and Federal Way's current technical manual. As
detailed in Table 2, many Ecology-required elements are not currently contained in Federal Way
City Code. The following sections describe the proposed substantive changes to Federal Way
City Code and the proposed Stormwater Technical Manual Addendum.
Stormwater Management Ordinance
The first recommended code revision is adoption ora new Stormwater Management Ordinance.
This ordinance will address the drainage review process and stormwater requirements for new
development and redevelopment. This new ordinance will correct deficiencies in current Federal
Way stormwater code including the following items:
· Definitions and thresholds for ~l~velopment, redevelopment, land disturbing activities,
and existing conditions that are equivalent to Ecology's)definitions and thresholds
· Inclusion of all of Ecology's Minimum Requirements (listed above)
· Adoption of an Ecology-approved technical manual
o Enforcement process
· Appeals or exceptions process
Stormwater Technical Manual and Addendum
In conjunction with a Stormwater Management ordinance, Ecology requires communities to
adopt a StorrnwaterTechnical Manual that contains design standards for stormwater facilities and
BMPs (both source control and treatment). Ecology developed the 1992 Stormwater Management
Manual for the Puget Sound Basin ("The Technical Manual") that communities m~y adopt to fulfill
this requirement. Many communities have found the Ecology manual to be difficult to apply
however, and have chosen to use the King County Surface Water Design Manual (KCSWDM)
instead. The KCSWDM is structured to be more appropriate to the development process, and,
because it is widely used throughout Puget Sound, provides continuity in stormwater
management throughout the region.
Federal Way currently uses the 1990 KCSWDM to direct the requirements and design for
stormwater facilities and BMPs. King County has recently completed an update of its Surface
Water Design Manual - this update was adopted by King County in October 1998. As part of the
proposed stormwater code update, Federal Way has developed a companion document
(Addendum) for the 1998 KCSWDM which customizes the KCSWDM for Federal W_ay applications.
Operations and Maintenance Ordinance
Ecology also requires communities to adopt an Operations and Maintenance ordinance that
addresses private stormwater facilities. Federal Way does not currently have equivalent
operations and maintenance provisions in its City Code. The following items must be contained
in the Operations and Maintenance ordinance:
· Ownership and maintenance responsibility for public and private stormwater facilities
· Minimum maintenance standards for stormwater facilities
· Inspection right-of-entry, schedules and procedures
· Enforcement process
Water Quality Ordinance
Water quality requirements for Stormwater may be contained in a separate Water Quality
ordinance (proposed for Federal Way), or as part of the Stormwater Management ordinance. The
following water quality elements must be addressed:
· Prohibition of non-stormwater discharges to the City'~ stormw~.ter system
· Adoption of a Best Management Practices (BMP) manual for new development,
redevelopment, and existing activities
· Enforcement process
The procedures for enforcing the water quality and surface water management codes have been
modeled after the civil enforcement proce~dures previously utilized in Federal Way's sign code.
They w~ll be further streamlined to correspond to the uniform code enforcement process adopted
by the City Council earlier this year. Generally speaking, this process provides a civil enforcement
process, with notice to the offending parties, directions to fix the noted problems, and the threat
of monetary penaltie~ if the violation is not corrected. The process also provides Federal Way the
ability to abate any uncorrected problems and recover its costs, as well as the ability to criminally
prosecute violators in the event that the party does not comply with the civil enforcement orders.
Summary:
Ecology has reviewed the above mentioned documents proposed by the City of Federal Way and
encourages Federal Way to proceed with adopting and im!~lementing the 'ordinances and
Addendum to the KCSWDM..Adoption of these ordinances and.~he Addendum to the King County
Manual, will be a major step toward bringing Federal Way's basic and comprehensive stormwater
programs into compliance with Ecology requirements.
The unresolved issues are generally associated with Ecology's approval of the KCSWDM. King
County and Ecology are negotiating these points and upon resolution will modify the KCSWDM
appropriately. As a final note, the current Ecology Guidelines are under revision and the revisions
are expected to be complete by the end of the year. The Ecology revisions may necessitate future
changes to the proposed City of Federal Way sudace water management program.
Recommendation:
Staff recommends that the following attached documents be adopted and implemented by the
City of Federal Way:
· Stormwater Management Ordinance
· Operations and Maintenance Ordinance
· Water Quality Ordinance
· 1998 King County Surface Water Design Manual and Federal Way Addendum to the
King County Surface Water Design Manual
Staff also recommends that this item be placed on the Novemb.er 2, 1999 City Council agenda for
the Council's consideration.
/st
DRAFT
ORDINA~NCE NO.
AN ORDINANCE OF THE CITY COUNCH., OF THE CITY
OF FEDERAL WAY, WASHINGTON, REPEALING
CHAPTER 21 OF THE FEDERAL WAY CITY CODE AND
ADOPTING A NEW SURFACE AND STORM WATER
MANAGEMENT CODE AS CHAPTER 21 OF THE
FEDERAL WAY CITY CODE
WHEREAS, Chapter 21 of the Federal Way City Code sets forth
requirements pertaining to surface and storm water management; and
WHEREAS, Chapter 21 was adopted in February,
the City's incorporation; and
1990, a{ the time of
WHEREAS, following the adoption of Chapter 21, the Washington
Legislature adopted RCW 90.70, et seq.; and
WHEREAS, RCW 90.70 created the Puget Sound Water Quality Authority
and required the Authority to adopt a water quality management plan which,
among other things, includes recommendations for implementation
mechanisms to be used by state and local government agencies; and
WHEREAS, RCW 90.70.070 requires local governments to evaluate and
incorporate as applicable, subject to the availability of appropriated funds or
other funding sources, the provisions of the water quality management plan,
including any guidelines, standards, and timetables contained in it; and
WHEREAS, the Authority's water quality management plan directs the
Department of Ecology to prepare a Model Storm Water Management
ORD #
, Page - 1
Ordinance and associated guidance documents, to assist local governments in
complying with the requirements of RCW 90.70.070; and
WHEREAS, the Department of Ecology has prepared a Model Storm
Water Management Ordinance, and associated guidance documents; and
WHEREAS, to comply with the requirements of RCW 90.70.070, the City
wishes to adopt changes to the Federal Way City Code that implement and are
consistent with Ecology's Model Ordinance and technical guidance; and
WHEREAS, the Department of Ecology has reviewed the amendments
contained herein, and approved them as being consistent with Ecology's Model
Ordinance and the Authority's water quality management plan; and
WHEREAS, the Federal Way SEPA Responsible Official issued a Notice of
Adoption on June 24, 1998, adopting the Determinations of Nonsignificance
previously issued by the State and King County, respectively, for Ecology's
Model Ordinance and King County's Surface Water Design Manual; and
WHEREAS, on October 18, 1999, the City Council Land Use and
Transportation Committee considered the amendments contained herein,
accepted public comment on them, and recommended that they be forwarded
to the full City Council for fn'st reading;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORD # , Page -2
Section 1. Findings of Fact. The Federal Way City Council hereby finds that:
A. Stormwater pollution is a problem associated with land utilization
and development and the common occurrence of potential pollutants
such as pesticides, fertilizers, petroleum products, pet wastes and
numerous others.
B. Land utilization and development is also known to increase both the
volume and duration of peak flows. The resulting erosion, scouring, and
deposition of sediment affect the ecological balance in streams.
C. Sedimentation and stormwater pollution cause diversity of species to
decrease and allows more tolerant (and usually less desirable) species to
remain.
D. Stormwater pollution can cause or contribute to closures of shellfish
beds and swimming beaches and other restrictions on public use of the
waters within the City. _..
E. An expanding population and increased development of land have
led to:
Water quality degradation through discharge of nutrients, metals,
oil and grease, toxic materials, and other detrimental substances
including, without limitation, insect and weed control
compounds.
Drainage and storm and surface water runoff problems within the
City.
-- Safety hazards to both lives and property posed by uncontrolled
water runoff on streets and highways.
F. Continuation of present stormwater management practices, to the
extent that they exist, will lead to water quality degradation, erosion,
property damage, and endanger the health and safety of the
inhabitants of the City.
G. In the future such problems and dangers will be reduced or avoided
if existing properties and future developers, both private and public,
provide for stormwater quality and quantity controls.
H. Stormwater quality and quantity controls can be achieved when
land is developed or redeveloped by implementing appropriate best
management practices (BMPs).
I. Best management practices can be expected to perform as intended
only when properly designed, constructed and maintained.
J. Stormwater facilities are a common feature of urban development.
ORD #
, Page -3
K. In order to function properly so that they perform as designed to
prevent or remove pollution and/or to reduce flooding, stormwater facilities
must be regularly inspected and maintained.
L. If not adequately maintained, stormwater facilities can become sources
of pollutants to surface water and groundwater.
M. If not adequately maintained, stormwater facilities could fail and cause
considerable damage to the public.
N. The City Council finds that this ordinance is necessary in order to:
-- Minimize or eliminate water quality degradation.
-- Prevent erosion and sedimentation in creeks, streams, ponds,
lakes and other water bodies.
Protect property owners adjacent to existing and developing lands
from increased runoff rates which could cause erosion of abutting
property.
-- Preserve and enhance the suitability of waters for contact
recreation, fishing, and other beneficial uses.
Preserve and enhance the aesthetic quality and biotic integrity of
the water.
Promote sound development policies which respect and preserve
City surface water, ground water and sediment.
-- Ensure the safety of City roads and rights-of-way.
Decrease stormwater-related damage to public and private
property from existing and future runoff.
Protect the health, safety and welfare of the inhabitants of the
City.
Ensure maintenance of all stormwater facilities within the City by
setting minimum standards for the inspection and maintenance of
stormwater facilities
Comply with Washington State Department of Ecology (Ecology)
and Puget Sound Water Quality Action Team {formerly Puget
Sound Water Quality Authority) regulations and requirements for
local governments
-- Prevent contamination and/or degradation of the local drinking
water supply, surface water, ground water and/or wildlife habitat
ORD #
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Section 2. Repealer. Chapter 21 of the Federal Way City Code is
hereby repealed in its entirety.
Section 3. Amendment. The following amendments are adopted as a
new Chapter 21 of the Federal Way City Code:
Article I. General
Section 21-1. Definitions. When used in this chapter, the following
words, terms and phrases shall have the meanings ascribed to them in this
section:
Abate means to repair, replace, remove, destroy, or otherwise remedy a condition
which constitutes a civil violation by such means, in such a manner, and to such an
extent as the Director determines is necessary in the interest of the general health,
safety, and welfare of the community.
Adjustment means a department approved variation in the application of the
requirements of this ordinance and the King County Surface Water Design Manual and
Federal Way Addendum to a particular project.
AKART is an acronym for "all known, available, and reasonable methods of
prevention, control, and treatment." AKART shall represent the most current
methodology that can be reasonably required for preventing, controlling, or abating
the pollutants associated with a discharge. The concept of AKART applies to both
point and nonpoint sources of pollution.
Applicant means a property owner or a public agency or public or private utility which
owns a right-of-way or other easement or has been adjudicated the right to such an
easement, or any person or entity designated or named in writing by the property or
easement owner to be the applicant, in an application for a development proposal,
permit, or approval.
Approval means the proposed work or completed work conforms to this Chapter in the
opinion of the Public Works Director.
Aquifier means a geologic stratum containing groundwater that can be withdrawn and
used for human purposes.
Background conditions means the biological, chemical, and physical conditions of a
water body outside the area of influence of the discharge under consideration.
Background sampling locations in an enforcement action would be up gradient or
outside the area of influence of the discharge. If several discharges to any water body
exist, and enforcement action is being taken for possible violations to the standards,
background sampling would be undertaken immediately up gradient from each
discharge. When assessing background conditions in the headwaters bf a disturbed
ORD # , Page -5
watershed, it may be necessary to use the background conditions of a neighboring or
similar watershed as the reference conditions.
Baseflood means the flood having a one percent chance of being equaled or exceeded in
any given year; also referred to as the "100-year flood." The base flood is determined for
future flow conditions.
Basin means any area draining to a point of interest.
Basin plan means a plan and all implementing regulations and procedures including
but not limited to capital projects, public education activities, land use management
regulations adopted by ordinance for managing surface and storm water management
facilities and features within individual sub-basins.
Berm means a constructed barrier of compacted earth.
Best Management Practices (BMP) means those practices which provide the best
available and reasonable physical, structural, managerial, or behavioral activity to
reduce or eliminate pollutant loads and/or concentrations leaving the sito.~
Blanket adjustment means an adjustment established by the City that can be applied
routinely or globally to all projects where appropriate. Blanket adjustments are
usually based on a previously approved adjustment and can be used to effect minor
changes or corrections to the design requirements of the King County Surface Water
Design Manual, and Federal Way Addendum or to add new designs and methodologies
to that manual.
BMP Manual means the King County "Stormwater Pollution Control Manual" (and
supporting documents as appropriate) describing best management practices, design,
maintenance, procedures, and guidance.
Change of use shall be determined to have occurred when it is found that the general
character of the operation has been modified.
Channel means a long, narrow excavation or surface feature that conveys surface
water and is open to the air.
Chapter means Chapter 21 of the Federal Way City Code, and any administrative
rules and regulations adopted to implement it.
Clearing means the destruction and removal of vegetation by manual, mechanical, or
chemical methods.
Closed depression shall mean an area which is low lying and either has no surface
water outlet or has such a limited outlet, that during storm events the area acts as a
retention basin, with more than 5,000 square feet of water surface area at overflow
elevation.
Commercial agriculture means those activities conducted on lands defined in RCW
84.34.020(2), and activities involved in the production of crops or-livestock for
ORD # , Page -6
wholesale trade. An activity ceases to be considered commercial agriculture when the
area on which it is conducted is proposed for conversion to a nonagricultural use or
has lain idle for more than five (5) years, unless the idle land is registered in a federal
or state soils conservation program, or unless the activity is maintenance of irrigation
ditches, laterals, canals, or drainage ditches related to an existing and ongoing
agricultural activity.
Construct or modify means to install a new drainage pipe/ditch or make improvements
to an existing drainage pipe/ditch (for purposes other than routine maintenance, repair,
or emergency modifications, and excluding driveway culverts installed as part of single-
family residential building permits) that either serve to concentrate previously
unconcentrated surface and storm water runoff to serve to increase, decrease, and/or
redirect the conveyance of surface and storm water runoff.
Conveyance means a mechanism for transporting water from one point to another,
including pipes, ditches, and channels.
Conveyance system means the drainage facilities and features, both natural and
constructed, which collect, contain, and provide for the flow of surface and .stox-m water
from the highest points on the land down to a receiving water. The natural elements of
the conveyance system include swales and small drainage courses, streams, rivers,
lakes, and wetlands. The constructed elements of the conveyance system include
gutters, ditches, pipes, channels, and most flow control and water quality treatment
facilities.
Detention means the release of surface and stormwater runoff from the site at a slower
rate than it is collected by the drainage facility system, the difference being held in
temporary storage.
Detention facility is a facility that collects water from developed areas and releases it at
a slower rate than it enters the collection system. The excess of inflow over outflow is
temporarily stored in a pond or a vault and is typically released over a few hours or a
few days.
Development means any activity that requires a permit or approval, including but not
limited to a building permit, grading permit, shoreline substantial development
permit, conditional use permit, special use permit, zoning variance or reclassification,
subdivision, short subdivision, Urban Planned Development, binding site plan, site
development, or right-of-way use permit.
Director means the Director of the City of Federal Way Public Works Department.
Discharge n., means runoff, excluding offsite flows, leaving the proposed development
through overland flow, built conveyance systems, or infi trafion facilities.
Discharge v., means to throw, drain, release, dump, spill, empty, emit, or pour forth
any matter or to cause or allow matter to flow, run, or seep from land 'or be thrown,
drained, released, dumped, spilled, emptied, emitted, or poured into water.
Ditch means a constructed channel with its top width less than 10 feet at design flow.
ORD # , Page -7
,4/
Drainage refers to the collection, conveyance, containment, and/or discharge of
surface and storm water runoff.
Drainage area means an area draining to a point of interest.
Drainage basin means an area draining to a point of interest.
Drainage facility means a constructed or engineered feature that collects, conveys,
stores or treats surface and storm water runoff. Drainage facilities shall include but
not be limited to all constructed or engineered streams, pipelines, channels, ditches,
gutters, lakes, wetlands, closed depressions, flow control or water quality treatment
facilities, erosion and sedimentation control facilities, and other drainage structures
and appurtenances that provide for drainage.
Drainage review means an evaluation by Federal Way staff of a proposed project's
compliance with the drainage requirements in this ordinance and the King County
Surface Water Design Manual and Federal Way Addendum.
Easement means the legal fight to use a parcel of land for a particular purpose. It
does not include fee ownership, but it may restrict the owner's use of the land.
Emergency means a situation which, in the opinion of the Director, requires
immediate action to prevent or eliminate an immediate threat to the health or safety
of persons, property or the environment.
Engineering review means an evaluation by the Federal Way Public Works Department
of a proposed project's compliance with the drainage requirements in the King County
Surface Water Design Manual, Federal Way Addendum, and with other Federal Way
requirements.
Environmentally sensitive areas means, at a minimum, areas which include wetlands,
areas with a critical recharging effect on aquifers used for potable water, fish and
wildlife habitat conservation areas, frequently flooded areas, and geologically
hazardous areas.
Erosion means detachment and transport of soil or rock fragments by water, wind, ice,
etc.
Erosion and sediment control means any temporary or permanent measures taken to
reduce erosion, control siltation and sedimentation, and ensure that sediment-laden
water does not leave the site.
Experimental BMP means a BMP that has not been tested and evaluated by the
Department of Ecology in collaboration with local governments and technical experts.
Experimental design adjustment means an adjustment used for proposing new designs
or methods which are different from those in the King County Surface Water Design
Manual, and Federal Way Addendum which are not uniquely site specific, and for
which data sufficient to establish functional equivalence do not exist. _
ORD # , Page -8
Farm management plan means a comprehensive site-specific plan developed by the
farm owner in cooperation with the City taking into consideration the land owner's
objectives while protecting water quality and related natural resources.
Federal Way Addendum to I~o4WDM means the companion document to the
KCSWDM that adapts the KCSWDM for development applications in the City of
Federal Way. This document can be obtained from the Federal Way Public Works
Department.
FEMA means Federal Emergency Management Agency.
Fertilizer means any material or mixture used to supply one or more of the essential
plant nutrient elements.
Financial guarantee means a form of financial security posted to ensure timely and
proper completion of improvements in compliance with the project's engineering plan,
to ensure compliance with the Federal Way City Code, and/or to warranty materials,
workmanship of improvements and design. Financial guarantees include
assignments of funds, cash deposit, surety bonds, and/or other forms of financial
security acceptable to or required by the Director of Public Works. The terms
'performance guarantee," "drainage facilities restoration and site stabilization
guarantee," and "defect and maintenance guarantee" are considered subcategories of
financial guarantee. The term "financial guarantee" replaces the term "bond" which
had been used in prior editions of the King County Surface Water Design Manual.
Flood fringe means that portion of the floodplain outside of the floodway that is covered
by floodwaters during the base flood; it is generally associated with standing water
rather than rapidly flowing water.
Floodplain means the total area subject to inundation by the base flood including the
flood fringe and floodway.
Floodway means the channel of the river or stream and those portions of the
adjoining floodplains which are reasonably required to carry and discharge the base
flood flow. The portions of the adjoining floodplains which are considered to be
"reasonably required" are defined by the City flood hazard regulations.
Flow control facility means a drainage facility designed to mitigate the impacts of
increased surface and storm water runoff generated by site development pursuant to
the drainage requirements in Federal Way regulations. Flow control facilities are
designed either to hold water for a considerable length of time and then release it by
evaporation, plant transpiration, and/or infiltration into the ground, or to hold runoff
a short period of time and then release it to the conveyance system.
Forest practice(s) means any activity conducted on or directly pertaining to forest land
and relating to growing, harvesting, or processing timber, as defined in Chapter 222-
16 Washington Administrative Code.
Full Drainage Reuiew means the basic evaluation required by this ordinance of a
proposed project's compliance with the full range of core and special re_quirements in
the King Count~ Surface Water Design Manual and Federal Way Addendum. This
ORD # , Page
review addresses the impacts associated with adding new impervious surface and
changing land cover on typical sites. Full Drainage Review is required for any
proposed project that would not be eligible or subject to one of the drainage reviews
which targets certain types of projects..
Grade means the slope of a road, channel, or natural ground. The finished surface of
a canal bed, roadbed, top of embankment, or bottom of excavation; any surface
prepared for the support of construction such as paving or the laying of a conduit.
(To) Grade means to finish the surface of a canal bed, roadbed, top of embankment or
bottom of excavation.
Groundwater means water in a saturated zone or stratum beneath the surface of land
or below a surface water body.
Harmful materials are substances that may create a public nuisance or constitute a
hazard to humans, animals, fish or fowl, or any solid dangerous or extremely hazardous
waste, as defined by Chapter 173-304 of the Washington Administrative Code (WAC)
(Minimum Functional.Standards for Solid Waste Handling) or Chapter L'Z3-303 WAC
(Dangerous Waste Regulations). "Harmful materials" also include substances that,
when released into the environment, may cause noncompliance with Chapters 246-290
WAC (Public Water Supplies), 173-200 WAC (Water Quality Standards for Ground
Waters of the State of Washington), 173-201 (Water Quality Standards for Surface
Waters of the State of Washington), 173-204 WAC (Sediment Management Standards),
or 173-340 WAC (The Model Toxics Control Act Cleanup Regulation).
High-use site means any one of the following:
A commercial or industrial site subject to an expected average daily
traffic (ADT) count equal to or greater than 100 vehicles per 1,000
square feet of gross building area, OR
A commercial or industrial site subject to petroleum storage and
transfer in excess of 1,500 gallons per year, not including routinely
delivered heating oil, OR
A commercial or industrial site subject to use, storage, or maintenance
of a fleet of 25 or more diesel vehicles that are over 10 tons net weight
(trucks, buses, trains, heavy ~quipment, etc.), OR
A road intersection with a measured ADT count of 25,000 vehicles or
more on the main roadway and 15,000 vehicles or more on any
intersecting roadway, excluding projects proposing primarily
pedestrian or bicycle use improvements.
Illicit discharge means all non-stormwater discharges to stormwater drainage systems
that cause or contribtite to a violation of state water quality, sediment quality or
ground water quality standards, including but not limited to sanitary sewer
connections, industrial process water, interior floor drains, car washing and greywater
systems.
ORD # , Page -10
Impervious surface means a hard surface area which either prevents or retards the
entry of water into the soil mantle as under natural conditions prior to development;
and/or a hard surface area which causes water to run off the surface in greater
quantities or at an increased rate of flow from the flow present under natural
conditions prior to d~velopment. Common impervious surfaces include, but are not
limited to, roof tops, walkways, patios, driveways, parking lots or storage areas,
concrete or asphalt paving, gravel roads, packed earthen materials, and oiled,
macadam, or other surfaces which similarly impede the natural infiltration of surface
and storm water runoff. Open, uncovered flow control or water quality treatments
facilities shall not be considered impen, ious surfaces (see also "new impervious
surface").
Improvement means those structures commonly provided when land is converted from
its natural to a developed state. Examples include roads (with or without curbs or
gutters), sidewalks, crosswalks, parking lots, water mains, sanitary and sto,m sewers,
drainage facilities, street trees, and other appropriate items.
King County Surface Water Design Manual means the Manual (and supporting
documents as appropriate) describing surface and storm water design and analysis
requirements, procedures, and guidance, and which is formally adopted herein by the
City of Federal Way. The King County Surface Water Design Manual will be available
from the King County Department of Development and Environmental Services or the
Department of Natural Resources.
King County Stormwater Pollution Control Manual (KCSPCM) also described as the "BMP
ManuaF, means the document prepared by King County and adopted by Federal Way,
that describes best management practices, design, maintenance, procedures, and
guidance.
Lake means an area permanently inundated by water in excess of two meters (7 ft)
deep and greater than 20 acres in size as measured at the ordinary high water mark.
Landslide means episodic downslope movement of a mass of soil or rock; includes but
is not limited to rockfalls, slumps, mudflows, and earthflows.
Leachable materials, wastes, or chemicals are those substances which, when exposed
to rainfall, measurably alter the physical or chemical characteristics of the rainfall
runoff; examples include erodible soil, uncovered process wastes, manure, fertilizers,
oily substances, ashes, kiln dust, garbage dumpster leakage, etc.
Metals means elements, such as mercury, lead, nickel, zinc and cadmium, that are of
environmental concern because they do not degrade over time. Although many are
necessary nutrients, they are sometimes magnified in the food chain, and they can be
toxic to life in high enough concentrations.
Mitigation means the reduction of a potential impact by the use of any or all of the
following' actions that are listed in descending order of preference:
Avoiding the impact altogether by not taking a certain action or part of
an action;
ORD # , Page -1 1
Minimizing impacts by limiting the degree or magnitude of the action
and its implementation, by using appropriate technology, or by taking
affirmative steps to avoid or reduce impacts;
Rectifying the impact by repairing, rehabilitating or restoring the
sensitive area;
Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the development proposal;
Compensation for the impact by replacing, enhancing, or providing
substitute sensitive areas;
· Monitoring the impact and taking appropriate corrective measures.
Monitoring means the collection and analysis of data by various methods for the
purposes of understanding natural systems and features, evaluating the impacts of
development proposals on the biological, hydrologic, and geologic elements of such
systems, and assessing the performance of mitigation measures-imposed as
conditions of development.
National Pollutant Discharge Elimination System or NPDES means the national program
for controlling pollutant discharges into waters of the United States under the Clean
Water Act.
Naffonal Pollutant Discharge Elimination System Permit, or NDPES Permit, means an
authorization, license, or an equivalent control document issued by the
Environmental Protection Agency or the Washington State Department of Ecology to
implement the requirements of the NPDES program.
Natural location means the location of those channels, swales, and other non-
manmade conveyance systems as defined by the first documented topographic
contours existing for the subject property, either from maps or photographs, or such
other means as appropriate.
Ne,o impervious surface means the addition of a hard or compacted surface such as
pavement, gravel, dirt, or roofs, or the addition of a more compacted surface such as
the paving of pre-existing dirt or gravel.
Nutrient means one of the essential chemicals needed by plants or animals for growth.
Excessive amounts of nutrients can lead to degradation of water quality and excessive
algae growth. Some nutrients can be toxic at high concentrations.
Offsiteflows means runoff conveyed to a proposed project from adjacent properties.
Omission means a failure to act.
Onsite means the site that includes the proposed development (see "site").
Ordinanj high water mark means the mark that will be found by examining the bed
and banks of a stream and ascertaining where the presence and action of waters are
ORD # , Page -12
so common and usual, and so long maintained in all ordinary years, as to mark upon
the soil a character distinct from that of the abutting upland, in respect to vegetation.
In any area where the ordinary high water mark cannot be found, the line of mean
high water shall substitute. In any area where neither can be found, the channel
bank shall be substituted. In braided channels and alluvial fans, the ordinary high
water mark or substitute shall be measured so as to include the entire stream feature.
Overtopping means to flow over the limits of a containment or conveyance elements.
Person means any individual, (including their agents or assigns),
corporation, association, business, organization, cooperative, public
corporation, or government agency, however designated.
partnership,
or municipal
Pesticide is any substance (usually chemical) used to destroy or control organisms;
include herbicides, insecticides, algaecides, fungicides, and others. Many of these
substances are manufactured and are not naturally found in the environment.
Others, such as pyrethrum, are natural toxins which are extracted from plants and
animals.
Plat means a map or representation of a subdivision showing the division of a tract or
parcel of land into lots, blocks, streets, or other divisions and dedications.
Pollution means contamination or other alteration of the physical, chemical, or
biological properties, of waters of the state, including change in temperature, taste,
color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid,
radioactive or other substance into any waters of the state as will or is likely to create
a nuisance or render such waters harmful, detrimental or injurious to the public
health, safety or welfare, or to domestic, commercial, industrial, agricultural,
recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds,
fish or other aquatic life.
Pollution-generating impervious surface means an impervious surface considered to be
a significant source of pollutants in surface and storm water runoff. Such surfaces,
include those subject to vehicular use or storage of erodible or leachable materials,
wastes, or chemicals, and which receive direct rainfall or the run-on or blow-in of
rainfall. Thus, a covered parking area would be included if runoff from uphill could
regularly run through it or if rainfall could regularly blow in and wet the pavement
surface. Metal roofs are also considered pollution-generating impervious surface
unless they are treated to prevent leaching.
Pollution-generating pervious surface means a non-impervious surface with vegetative
ground cover subject to use of pesticides and fertilizers. Such surfaces include, but
are not limited to, the lawn and landscaped areas of residential or commercial sites,
golf courses, parks, and sports fields.
Preapplication means the meeting(s) and/or form(s) used by applicants for some
development permits to present initial project intentions to the City of Federal Way.
Preapplication does not mean application.
ORD # , Page-13
-17
Preapplication adjustment means an adjustment that can be requested prior to permit
application. It is useful for when an adjustment decision is needed to determine if a
project is feasible, or when the approval conditions must be known to dete~ffdne if a
project is viable before funding a full application. The approval of preapplication
adjustments is tied by condition to the project proposal presented at a preapplication
meeting with the City.
Project means any proposed action to alter or develop a site which may also require
drainage review.
Project site means that portion of a property or properties subject to prbposed project
improvements including those required by this ordinance.
Receiving waters means bodies of water or surface water systems receiving water from
upstream man-made or natural systems.
Redevelopment means, on an already developed site, the creation or addition of
impervious surface; the expansion of a building footprint or addition or replacement of a
structure; structural development including an increase in gross floor karea and/or
exterior construction or remodeling, where the structural development exceeds 50
percent of the assessed or appraised value of the structure or improvement being
redeveloped; the repair or replacement of impervious surface that is not part of a
routine maintenance activity; a change of use which has a potential to release a new
pollutant{s) to the City's surface water systems; or land disturbing activities associated
with impervious redevelopment.
Regional retention/detehtion system means a stormwater quantity control structure
designed to prevent or correct existing or future excess surface water runoff problems of
a basin or sub-basin. The area downstream has been previously identified as having
existing or predicted significant and regional flooding and/or erosion problems. This
term is also used when a detention facility is used to detain stormwater runoff from a
number of different businesses, developments or areas within a catchment.
Regulated Lakes shall mean the following wetlands as shown in the King County
Wetlands Inventory Notebooks, Volume 3 South:
· Lower Puget Sound 6, 7, 12, 15, 16 and 17.
· Hylebos 2, 11, 13, and 16
Retention means the process of collecting and holding surface and storm water runoff
with no surface outflow.
Retention~detention facility (R/D) means a type of drainage facility designed either to
hold water for a considerable length of time and then release it by evaporation, plant
transpiration, and/or infiltration into the ground; or to hold surface and stormwater
runoff for a short period of time and then release it to the surface and stormwater
conveyance system.
ORD # , Page -14
Run-on or blow-in of rainfall means stormwater from uphill that could regularly run
through an area, or rainfall that could regularly be blown in and wet the pavement
surface.
Scour means erosion of channel banks due to excessive velocity of the flow of surface
and stormwater runoff.
Sediment means fragmented material which originates from weathering and erosion of
rocks or unconsolidated deposits, and which is transported by, suspended in, or
deposited by water.
Sedimentation means the depositing or formation of sediment.
Shoreline substantial development shall be as defined in Chapter 18 of the Federal Way
City Code.
Short subdivision (also known as a "short plat") shall be as defined in Federal Way City
Code Chapter 20.
Single family residential means a project that constructs or modifies a single family
dwelling unit and/or makes related onsite improvements, such as driveways, roads,
outbuildings, play courts, etc., or a project that creates single family residential lots
such as a plat or short plat.
Site means the legal boundaries of the parcel or parcels of land for which an applicant
has or should have applied for authority from Federal Way to carry out a development
activity, including any drainage improvements required by this ordinance. This term
is equivalent to the term "Subject Property" in Federal Way City Code Chapter 22
(Zoning Code).
Site improvement plan consists of all the plans, profiles, details, notes and
specifications necessary to construct road, drainage structure and off-street parking
improvements. A Modified Site Improvement Plan means a limited or simplified "Site
Improvement Plan" used for some projects in targeted review and/or where major
improvements are not proposed.
Small Site Drainage Renew is a simplified alternative to Full Drainage Review for small
residential building and subdivision projects that add between two and ten thousand
square feet of new impervious surface. The core and special requirements applied
under Full Drainage Review are replaced with simplified small site requirements
which can be applied by a non-engineer.
Soil means the unconsolidated mineral and organic material on the immediate surface
of the earth that serves as a natural medium for the growth of land plants.
Source control BMP means a BMP intended to prevent contaminants from entering
surface and storm water and/or ground water including the modification of processes
to eliminate the production or use of contaminants. An example would be using less
toxic alternatives to current products or sweeping parking lots instead of washing
them. Source control BMPs can be either structural or non-structurail. Structural
ORD # , Page - 15
source control BMPs involve the construction of a physical structure on site, or other
type of physical modification to a site; for example, using a covered area or berm to
prevent clean stormwater from entering a work area.
State Waste Discharge Permit means an authorization, license, or an equivalent control
document issued by the Washington State Department of Ecology in accordance with
Chapter 173-216 Washington Administrative Code.
Stormwater means water originating from rainfall and other precipitation that
ultimately flows into drainage facilities, rivers, streams, ponds, lakes, and wetlands,
or flows from springs and seeps, as well as shallow groundwater.
Stormwater drainage system means constructed and natural features which function
together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate,
divert, treat or filter stormwater. "Stormwater drainage system" includes both public
and privately owned features.
Stormwaterfacility means a constructed component of a stormwater drainage system,
designed or constructed to perform a particular function, or multiple functions.
Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts,
street gutters, detention basins, retention basins, constructed wetlands, infiltration
devices, catchbasins, oil/water separators, sediment basins and modular pavement.
Stormwater facilities are described in the Stormwater Management Manual.
Stormwater System Operation and Maintenance Manual means the Manual adopted by
reference and prepared by the City of Federal Way.
Stream means an area where surface waters produce a defined channel or bed. A
defined channel or bed is an area which demonstrates clear evidence of the passage of
water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt
beds, and defined-channel swales. The channel or bed need not contain water year-
round. This definition is not meant to include irrigation ditches, canals, storm water
runoff devices, or other entirely artificial watercourses unless they are used by
salmonids or used to convey streams naturally occurring prior to construction. Those
topographic features that resemble streams but have no defined channels (e.g.,
swales) shall be considered streams when hydrologic and hydraulic analyses done
pursuant to a development proposal predict formation of a defined channel after
development.
Subdivision [also known as "plat") shall be as defined in Federal Way City Code Chapter
20.
Subject to Vehicular Use as used in the definition of pollution-generating impervious
surface, means a surface that is regularly used by motor vehicles, whether paved or not.
The following are considered regularly used surfaces: roads, unvegetated road
shoulders, bike lanes within the traveled lane of a roadway, driveways, parking lots,
unfenced firelanes, diesel equipment storage yards, and airport runways. The following
are not considered regularly used surfaces: road shoulders primarily used for
emergency parking, paved bicycle pathways, bicycle lanes adjacent to unpaved or paved
ORD # , Page -16
road shoulders primarily used for emergency parking, fenced firelanes, and infrequently
used maintenance access roads.
Surface and storm water means water originating from rainfall and other precipitation
that ultimately flows into drainage facilities, rivers, streams, springs, seeps, ponds,
lakes, and wetlands as well as shallow groundwater.
Targeted Drainage Review means an evaluation required by this ordinance for certain
types of proposed projects where drainage review is abbreviated to address only those
requirements that would apply to those projects. Projects subject to this type of
drainage review are typically small-site proposals or other small projects that have site-
specific or project-specific drainage concerns that must be addressed by a licensed civil
engineer or Public Works review staff.
Treatment BMP means a BMP intended to remove contaminants once they are already
contained in storm water. Examples of treatment BMPs include oil/water separators,
bio filtration swales, and wet-settling basins.
Toxic means poisonous, carcinogenic, or otherwise directly harmful to life. -
Utility shall mean the Federal Way Surface Water Management Utility.
Vegetation means all organic plant life growing on the surface of the earth.
Watershed means the geographic region from which water drains toward a central
collector such as a stream, river, lake, or salt water.
Wetlands means those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas. (U.S. Army Corps of Engineers Regulation 33 CFR 328.3 (1988)).
Wetlands in Federal Way include all area waterward from the wetland edge. Where the
vegetation has been removed, a wetland shall be determined by the presence of hydric
soils, as well as other documentation of the previous existence of wetland vegetation
such as aerial photographs. This definition shall not conflict with Federal Way Zoning
Code (Chapter 22 FWCC).
Wetland edge means the line delineating the outer edge of a wetland established by
using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands
(January 10, 1989), jointly published by the U.S. Environmental Protection Agency,
the U.S. fish and Wildlife Service, the U.S. Army Corps of Engineers, and the U.S. Soil
Conservation Service.
Section 21-2. Construction and Intent.
A. This chapter is enacted as an exercise of the City's police powers, to
protect and preserve the public health, safety, and welfare. Its provisions shall
be exempt from the rule of strict construction and shall be liberally construed
to give full effect to the objectives and purposes for which it was ettacted.
ORD #
, Page-17
B. This chapter is not enacted to create or otherwise establish or designate
any particular class or group of persons who will or should be especially
protected or benefited by the terms of this chapter. Further, nothing contained
in this chapter is intended to be or shall be construed to create or form a basis
for liability by the City, its officers, employees or agents for any injury or
damage resulting from the failure of the person(s) responsible for the violation
to comply with the provisions of this chapter or by reason or in consequence of
any act or omission in connection with the implementation or enforcement of
this chapter by the City, its officers, employees or agents.
C. It is not intended that this chapter repeal, abrogate, or impair any existing
regulations, easements, covenants, or deed restrictions. However, where this
chapter imposes greater restrictions, the provisions of this chapter shall prevail.
D. When any provision of any other chapter of the Federal Way Code conflicts
with this chapter, the provision which provides greater environmental protection
shall apply, unless specifically provided otherwise in this chapter.
Section 21-3. Interpretation.
The provisions of this chapter shall be held to be minimum requirements in their
interpretation and application and shall be liberally construed to serve the purposes of
this chapter.
Section 21-4. Administration.
The Director of Public Works or his or her designee shall administer this chapter,
and shall have the authority to develop and adopt administrative procedures to
administer and enforce this chapter.
Article II. Stormwater Management
Division 1. Generally
Section 21-5. Purpose.
A. The provisions of this Chapter are intended to guide all who conduct new
development or redevelopment within the City. The provisions of this ordinance
establish the minimum level of storm and surface water compliance which must
be met to permit a property to be developed or redeveloped within the City.
B. It is the purpose of this Chapter to:
(1) Minimize water quality degradation and sedimentation in streams,
ponds, lakes, wetlands and other water bodies.
(2) Minimize the impact of increased runoff, erosion and
sedimentation caused by land development and maintenance
practices. -
ORD #
, Page - 18
(3) Maintain and protect groundwater resources.
(4) Minimize adverse impacts of alterations on ground and surface
water quantities, locations and flow patterns.
(5) Decrease potential landslide, flood and erosion damage to public
and private property.
(6) Promote site planning and construction practices that are
consistent with natural topographical, vegetation and hydrological
conditions.
(7) Maintain and protect the City stmmwater, management
infrastructure and those downstream.
(8) Provide a means of regulating clearing and grading of private and
public land while minimizing water quality impacts in order to protect
public health and safety.
[9] Provide minimum development regulations and construction
procedures which will preserve, replace or enhance, to the maximum
extent practicable, existing vegetation to preserve and enhance the
natural qualities of lands, wetlands and water bodies.
Division 2. Regulated and Exempt Activities
Section 21-fi. Regulated Activities.
The following activities are subject to the provisions of this article, unless
exempted below:
A. New Development
1. Single family residential or small site development works;
2. Projects that add 5,000 square feet or more of new
impervious surface;
Projects that propose to construct or modify a drainage
pipe/ditch that is 12 inches or more in size/depth, or
receives surface and storm water runoff from a drainage
pipe/ditch that is 12 inches or more in size/depth; or
Projects that contain or are adjacent to a floodplain, stream,
lake, wetland, closed depression, or other environmentally
sensitive area as defined by Federal Way City Code (Chapter
18 FWCC).
B. Redevelopment, as defined in this chapter (and as also defined in
Chapter 22-337), which meets or exceeds one of the following thresholds
or cnteriaz
ORD #
, Page - 19
o
o
o
Creation or addition of impervious surfaces having an area
of 5,000 square feet or more;
Construction or replacement of a building footprint or other
structure having a surface area of 5,000 square feet or
more, or which involves the expansion of a building
footprint or other structure by 5,000 square feet of surface
area or more;
Repair or replacement of 5,000 square feet or more of an
impervious surface, when such redevelopment is not part
of a routine maintenance activity;
Collection and concentration of surface and stormwater
runoff from a drainage area of more than 5,000 square feet;
Projects which contain or directly discharge to a floodplain,
stream, lake, wetland, or closed depression, groundwater
recharge area, or other water quality sensitive, area
determined by the Public Works Director, based on a
written map, policy, water quality monitoring data or plan
in existence or implemented by the Director prior to
submission of a redevelopment application which is
determined to trigger application of this subsection, or
based on information developed during review of a
particular redevelopment application;
Projects that involve a change in use, and the changed use
has a potential to release a new pollutant(s) to surface
water systems within the City. For the purposes of this
subsection, "new pollutant(s)" means a pollutant that was
not discharged at that location immediately prior to the
change in use, as well as a pollutant that was discharged in
less quantifies immediately prior to the change in use;
Redevelopment other than normal maintenance or other
than tenant improvements, but including any increase in
gross floor area, in any one consecutive 12 month period
which exceeds 50 percent of the assessed or appraised
value (whichever is greater) of the structure or
improvement being redeveloped; or
Redevelopment of property which drains or discharges to a
receiving water that has a documented water quality
problem, as determined by the Public Works Director based
on a map, plan, water quality monitoring data or a written
policy in existence or implemented by the Director prior to
submission of a redevelopment application determined to
trigger application of this subsection, where the Director
determines that the redevelopment requires additional
ORD #
, Page-20
specific controls to address the documented water quality
problem.
Section 21-7. Exemptions.
The following activities are exempt from the provisions of this chapter:
A. Commercial agriculture, and forest practices regulated under Title 222
WAC, except for Class IV General forest practices that are conversions from
timber land to other uses; and
B. Development undertaken by the Washington State Department of
Transportation in state highway rights-of-way is regulated by Chapter 173-270
WAC, the Puget Sound Highway Runoff Program.
All other new development and redevelopment is subject to the requirements of this
chapter.
Section 21-8. Application of Article to Regulated Activities
Prior to the Director's approval that the requirements of this article have been
met, the City shall not grant any permission or approval, including but not limited to
the following approvals, for projects involving any regulated activity:
1. Binding Site Plan (BSP)
2. Building Permit (residential or commercial)
3. Clearing and Grading/Land Surface Modification
4. Experimental Design Adjustment
5. Franchise for Utility or Other Right-of-Way Use
6. Preapplication Adjustment
7. Right-of-Way Use Permit
8. Right-of-Way Improvement Modification
9. Shoreline Substantial Development Permit
10. Short Subdivision (Short Plat) Approval
11. Single Family Residential Building Permit
12. Site Plan Approval
13. Use Process I, III, or IV Approval
12. Special Use Permit
13. Subdivision (Plat) Approval (Preliminary or Final)
14. Zoning Reclassification
15. Zoning Variance
Regulated activities may be conducted only after the applicant has demonstrated
compliance with all the elements of the appropriate level of drainage review as required
by this chapter, obtained the Director's approval, and obtained other permits or
approvals as may be required by the Federal Way City Code.
ORD # Page -21
Division 3. General Requirements
Sec. 21-9. Manuals and Addendum Adopted
The King County Surface Water Design Manual, the Federal Way Addendum t°
the King County Surface Water Design Manua[,'and the King CountY StorrnWater
Pollution Control Manual, as they exist on the effective date of this article or as
hereafter amended, are hereby adopted by this reference. They are referred to in this
article respectively as the KCSWDM, Federal Way Addendum, and the KCSPCM.
Sec. 21-10. Stormwater Best Management Practices {BMPs)
A. General. BMPs, as specified in the KCSPCM, shall be used to control
pollution from stormwater, and to comply with the standards in this Ordinance.
B. Experimental BMPs. In those instances where appropriate BMPs are not
specified in the KCSPCM, experimental BMPs should be considered.
Experimental BMPs are encouraged as a means of solvin§ problems in a manner
not addressed by the KCSPCM in an effort to improve stormwater quality
technolot~. Experimental BMPs must be approved by the Director of Public
Works prior to construction.
Sec. 21-11. Illicit Discharges.
Illicit discharges to stormwater drainage systems are prohibited.
Division 4. Approval Standards
Section 21-12. Core and Special Requirements
Depending on the type of drainage review required, as described in Sections 21-
13 below, one or more Core or Special Requirements shall be met. The Core and Special
requirements, described below, are also described in detail in the KCSWDM and Federal
Way Addendum adopted by reference in Section 21-9.
A. Core Requirements.
1. Core Requirement # 1 - Discharge at the Natural Location
All surface and storm water runoff from a project must be
discharged at the natural location so as not to be diverted onto or away
from downstream properties. The manner in which runoff is discharged
from the project site must not create a significant adverse impact to
downhill properties or drainage systems.
2. Core l~equirement #2 - Offsite Analysis
All proposed projects must submit an offsite analysis report that
assesses potential offsite drainage impacts associated with development
ORD # , Page -22
of the project site and proposes appropriate mitigations of those impacts.
The initial permit submittal shall include, at minimum, a Level 1
downstream analysis as described in the KCSWDM and Federal Way
Addendum.
3. Core Requirement #3 - Flow Control
All proposed projects, including redevelopment projects, must
provide onsite flow control facilities to mitigate the impacts of increased
storm and surface water runoff generated by the addition of new
impervious surface and any related land cover conversion. These
facilities shall, at a minimum, meet the performance criteria for one of
the area-specific flow control standards and be implemented according
to the applicable flow control implementation requirements described in
the KCSWDM and Federal Way Addendum.
4. Core Requirement #4 - Conveyance System
All engineered conveyance system elements for proposed projects
must be analyzed, designed, and constructed to provide a minimum level
of protection against overtopping, flooding, erosion, and structural
failure as specified in the KCSWDM and Federal Way Addendum.
5. Core Requirement #5 - Erosion and Sediment Control
All proposed projects that will clear, grade, or otherwise disturb
the site must provide erosion and sediment controls to prevent, to the
maximum extent possible, the transport of sediment from the project
site to downstream drainage facilities, water resources, and adjacent
properties. To prevent sediment transport, Erosion and Sediment
Control (ESC) measures are required and shall perform as described in
Chapter 1.2.5.2 of the Federal Way Addendum to the KCSWDM. Both
temporary and permanent erosion and sediment controls shall be
implemented as described in Chapter 1.2.5.3 of the Federal Way
Addendum to the KCSWDM.
6. Core Requirement #6 - Maintenance and Operations
Maintenance and operation of all drainage facilities is the
responsibility of the applicant or property owner, except those facilities
for which Federal Way is granted an easement, tract, or right-of-way and
officially assumes maintenance and operation as described in the
KCSWDM and Federal Way Addendum. Drainage facilities must be
maintained and operated in compliance with Federal Way maintenance
standards.
7. Core Requirement #7 - Financial Guarantees and Liability
All drainage facilities constructed or modified for projects (except
downspout infiltration and dispersion systems), and any work performed
in the right-of-way, must comply with the financial guarantee
requirements in Federal Way City Code Chapter 22.
ORD #
, Page-23
8. Core Requirement #8 - Water Quality
All proposed projects, including redevelopment projects, must
provide water quality (WQ) facilities to treat the runoff from new and/or
replaced pollution-generating impervious surfaces and pollution-
generating pervious surfaces. These facilities shall be selected from one
of the area-specific WQ menus described in Chapter 1.2.8.1 of the
Federal Way Addendum to the KCSWDM and implemented according to
the applicable WQ implementation requirements in Chapter 1.2.8.2 of
the Federal Way Addendum to the KCSWDM.
A. Special Requirements
1. Special Requirement # 1 - Other Adopted Area Specific
Requirements
King County has developed several types of area-specific plans
and regulations that contain requirements for drainage design. These
regulations include Critical Drainage Areas, Master Drainage Plans,
Basin Plans, Lake Management Plans, and Shared Facility Drainage
Plans. In some cases, these plans and regulations could overlap with
the City of Federal Way's jurisdictional area.
The Hylebos Creek and Lower Puget Sound Basin Plan is the
only one of these area-specific regulations that currently affects Federal
Way. King County developed this basin plan which recommends specific
land uses, regional capital projects, and special drainage requirements
for future development within the Hylebos and Lower Puget Sound
basin.
The drainage requirements of adopted area-specific regulations
such as basin plans shall be applied in addition to the drainage
requirements of the KCSWDM and Federal Way Addendum unless
otherwise specified in the adopted regulation. Where conflicts occur
between the two, the drainage requirements of the adopted area-specific
regulation shall supersede those in the KCSWDM and Federal Way
Addendum.
2. Special Requirement #2
Delineation
Floodplain / Floodway
Floodplains and floodways are subject to inundation during
extreme events. The 100-year floodplains are delineated in order to
minimize flooding impacts to new development and to prevent
aggravation of existing flooding problems by new development.
Regulations and restrictions .concerning development within a 100-year
floodplain are found in Federal Way's Environmentally Sensitive Areas
and Flood Hazard regulations.
ORD #
, Page -24
If an approved flood hazard study exists, then it may be used as
the basis for delineating the floodplain and floodway boundaries
provided the study was prepared in a manner consistent with the
KCSWDM and other Federal Way flood hazard regulations. If an
approved flood hazard..study does not exist, then one shall be prepared
based on the requirements described in Chapter 4.4.2 of the KCSWDM,
"Floodplain/Floodway Analysis."
3. Special Requirement//3 - Flood Protection Facilities
Developing sites protected by levees, revetments, or berms
requires a high level of confidence in their structural integrity and
performance. Proper analysis, d~sign, and construction is necessary to
protect against the potentially catastrophic consequences if such
facilities should fail.
The applicant is required to demonstrate conformance with FEMA
regulations using the methods specified in Chapter 4.4.2 of the
KCSWDM and the Federal Way Addendum. In addition, certain
easement requirements (outlined in Chapter 4.1 of the KCSWDM and
Federal Way Addendum) must be met in order to allow City access for
maintenance of the facility.
4. Special Requirement #4 - Source Control
Water quality source controls, many of which are listed in the
KCSPCM, prevent rainfall and runoff water from coming into contact
with pollutants, thereby reducing the likelihood that pollutants will
enter public waterways and violate water quality standards. When
applicable, structural source control measures, such as car wash pads
or dumpster area roofing, shall be shown on the site improvement plans
submitted for engineering review and approval. Other nonstructural
source control measures, such as covering storage piles with plastic or
isolating areas where pollutants are used or stored, are to be
implemented after occupancy and need not be addressed during the
plan review process. All commercial and industrial projects (irrespective
of size) undergoing drainage review are required to implement applicable
source controls.
5. Special Requirement #5 - Oil Control
Projects proposing to develop or redevelop a high-use site must
provide oil controls in addition to any other water quality controls
required by this manual. Such sites typically generate high
concentrations of oil due to high traffic turnover or the frequent transfer
of oil.
ORD #
, Page -25
Section 21-13. DrainaEe Review
A. When Required. Drainage review is required for any proposed
project, including new development and redevelopment (except for those
proposing only routine maintenance, repair, or emergency modifications)
which is or includes a regulated activity under Section 21-6 above, AND
for which City approval, including but not limited to any approval listed
in Section 21-8 above, is required.
B. Type of Drainage Review Required. One of the following three types
of drainage review will be required, depending on the project; provided,
however, that a project which qualifies for Small Site Drainage Review
may also require Targeted Drainage Review if the requirements for
Targeted Drainage Review are met:
1. Small Site Drainage Review
Small Site Drainage Review is required for single family residential
or subdivision projects that add 2,000 to 10,000 square feet of new
impervious surface AND clear less than 2 acres OR less than 35 percent
of the site, whichever is greater.
Compliance shall be demonstrated through the implementation of
an approved Small Site Drainage Plan and a Small Site Erosion and
Sediment Control Plan. Detailed design specifications and submittal
requirements are presented in Appendix C of the KCSWDM, titled: "Small
Site Drainage Requirements".
2. Full Drainage Review
Full Drainage review is required for any proposed project, including
redevelopment projects, that adds at least 5,000 square feet of new
impervious surface.
If full drainage review is required, then the applicant must
demonstrate that the proposed project complies with the following
requirements:
a. All core requirements specified in Section 21-12.
b. Ail special requirements specified in Section 21-
12.
ORD #
., Page - 26
3. Targeted Drainage Review
· ° Targeted Drainage Review is required for any proposed projects,
including redevelopment projects, that are not subject to Full Drainage
Review, AND which fall into one or more of the following categories of
projects:
a. TDR Category #1: Projects that contain or are
adjacent to floodplains or environmentally sensitive
areas
b. TDR Category #2: Projects proposing to
construct or modify a drainage pipe/ditch that is 12"
or larger or receives runoff from a 12-inch or larger
drainage pipe/ditch
c. TDR Category #3: Redevelopment projects as
defined in Federal Way City Code (Chapter 22-337)
If targeted drainage review is required, then the applicant must
demonstrate that the proposed project complies with the selected core and
special requirements corresponding to the appropriate category or
categories of project that best match the proposed project. The specific
requirements for each TDR category are as follows:
TDR Project Category # 1
The following requirements apply to TDR Category #1 projects,
but may have exemptions or thresholds that preclude or limit their
application to a specific project:
Core Requirement #5: Erosion and Sediment Control
Special Requirement # 1: Other Adopted Area-Specific
Requirements
Special Requirement #2: Floodplain/Floodway Analysis
Special Requirement #3: Flood Protection Facilities
Special Requirement #4: Source Control
The following requirements may be applied to projects in TDR
Category #1 at the discretion of Public Works based on site-specific
conditions:
·
·
·
·
·
·
Core Requirement # 1:
Core Requirement #2:
Core Requirement #3:
Core Requirement #4:
Core Requirement #6:
Core Requirement #7:
Discharge at Natural Location
Offsite Analysis
Flow Control
Conveyance System
Maintenance and Operations_
Financial Guarantees & Liability
ORD #
, Page -27
Core Requirement' #8: Water Quality
TDR Project Category #2
The following requirements apply to projects in TDR Category #2:
Core Requirement # 1: Discharge at the Natural Location
Core Requirement #2: Offsite Analysis
Core Requirement #4: Conveyance System
Core Requirement #5: Erosion and Sediment Control
Core Requirement #6: Maintenance and Operations
The following requirements apply to projects in TDR Category #2,
but have exemptions or thresholds that may preclude or limit their
application to a specific project:
Core Requirement #7: Financial Guarantees and Liability
Special Requirement #4: Source Control
TDR Project Category #3
The following requirements apply to projects in TDR Category #3:
Core Requirement # 1: Discharge at Natural Location
Core Requirement #5: Erosion and Sediment Control
Core Requirement #6: Maintenance and Operations
The following requirements apply to projects in TDR Category #3,
but have exemptions or thresholds that may preclude or limit their
application to a specific project:
Core Requirement #7: Financial Guarantees and Liability
Core Requirement #8: Water Quality
Special Requirement #4: Source Control
Special Requirement #5: Oil Control.
Section 21-13.5. Liability Insurance.
The person required to construct any storm drainage facility required herein
shall maintain a liability policy in the amount of $500,000.00 per individual,
$500,000.00 per occurrence and $100,000.00 property damage, which shall name the
City as an additional insured, and which shall protect the City from any liability up to
those amounts for any accident, negligence, failure of the facility, or any other liability
whatsoever, relating to the construction or maintenance of the facility. Proof of such
liability policy shall be provided to the public works director prior to commencing
construction of any drainage facility, provided that in the case of facilities dedicated to
and accepted by the city for maintenance pursuant to Sections 21-26 - 21-27 below,
such liability policy shall be terminated when the City maintenance responsibility
commences. -
ORD # , Page -28
Division ~. Admiaistration ~ad Enforcement
Section 21-14. Review and Approval Authority.
The Director, or his or her designee(s), may approve, conditionally approve or
deny an application for regulated activities under this article.
Section 21-15. Enforcement.
The Director shall enforce this article, and the terms and conditions of any
application, permit or approval for regulated activities granted under this article,
using FWCC Chapter 1, Article III, Civil Enforcement of Code. Civil enforcement is in
addition to, and does not limit any other forms of enforcement available to the City
including, but not limited to, criminal sanctions as specified herein or in FWCC
Chapter 1, Articles II - III, nuisance and injunction actions, or other civil or equitable
actions to abate, discontinue, correct or discourage unlawful acts in violation of this
chapter.
Section 21-16. Inspection.
All activities regulated by this article, except those exempted under Section 21-7,
shall be inspected by the Director or his or her designee{s). The Director or designee(s)
shall inspect projects at various stages of the work requiring approval to determine that
adequate control is being exercised. Stages of work requiring inspection include, but
are not limited to, preconstruction; installation of BMPs; land disturbing activities;
installation of utilities, landscaping, retaining walls and completion of project. When
required by the Director, a special inspection and/or testing shall be perfmmed. Any
applicant who has obtained the approval of the Director under this article shall permit
the Director or designee(s) access to the property, when requested, to permit the
inspections required by this section.
Division 6. Adjustments
Section 21-17. Purpose and Timing.
An applicant seeking approval under this article for a regulated activity may
seek the approval of the Director to vary from one of the Core or Special Requirements
under Section 21- 12, or any other specific requirement or standard contained in the
KCSWDM and Federal Way Addendum. Proposed adjustments should be approved
prior to final permit approval, but the Director may approve an adjustment up to the
time the Director approves final construction or accepts drainage facilities for
maintenance.
Section 21-18. Types of Adjustments.
There are four types of adjustments, as follows:
B.
C.
D.
Standard Adjustments
Complex Adjustments
Experimental Design Adjustments
Blanket Adjustments
ORD #
, Page -29
The appropriate use for each adjustment type is described in the KCSWDM and
Federal Way Addendum.
Section 21-19. Authority.
The Director shall have authority to approve or deny all four types
adjustments, for any regulated activity requiring drainage review under this article.
of
Section 21-20. Criteria for Granting Adjustments
Adjustments to the requirements in the KCSWDM and Federal Way Addendum
may be granted, provided that the adjustment will:
A. Produce a result comparable to that which would be achieved by
satisfaction of the KCSWDM and Federal Addendum requirements, and
which is in the public interest, AND
B. Meet the objectives of safety, function, appearance, environmental
protection, and maintainability based on sound engineering judgment.
When an applicant demonstrates to the Director's satisfaction that meeting either
the KCSWDM and Federal Way Addendum requirements, or the requirement to
produce a comparable result, will deny an applicant all reasonable use of his or her
property, the applicant shall implement the best practicable alternative that achieves
the spirit and intent of the requirement, as detem,ined by the Director. Public Works
staff shall provide recommendations to the director on the best practicable alternative
to be required.
Any adjustment that would conflict with the requirements of any other Chapter of
the Federal Way City Code must first be reviewed and approved by the department
responsible for administration of that chapter.
Section 21-21. Experimental Design Adjustments.
Adjustments utilizing an experimental water quality facility or flow control
facility may be approved by the Director on a limited basis if the following criteria are
met:
A. The new design is likely to meet the identified target pollutant
removal goal or flow control performance based on performance data
and theoretical considerations, AND
B. Construction of the facility can, in practice, be successfully
carried out, AND
C. Maintenance considerations are included in the design, and costs
are not excessive or are borne and reliably performed by the applicant
or property owner, AND
D. The applicant or property owner contributes a share of the cost of
monitoring to determine facility performance.
ORD #
, Page -30
The Director may condition approval of an experimental design adjustment upon the
applicant's agreement to reserve sufficient land area and post a bond or other
financial guarantee satisfactory to the Director, for construction of a conventional
facility should the experimental facility fail. The Director may approve release of t~e
set aside area and financial guarantee upon proof of operation of the experimental
facility to the satisfaction of the Director.
Section 21-22. Adjustment Application and Review Process.
A. Timing. Requests for standard and complex adjustments will be
accepted only for permits pending approval or approved permits that
have not yet expired. Applications for preapplication adjustments and
experimental design adjustments may be submitted prior to pe,mit
application if the applicant provides justification at a preapplication
meeting with Public Works that an adjustment decision is needed to
determine the viability of the proposed project. There is no application
process for blanket adjustments because they are initiated and issued
solely by the City.
B. Submission of Application. The completed adjustment request
application forms must be submitted to the Director, along with
sufficient engineering information '(described in Chapter 2 of the
KCSWDM and Federal Way Addendum) to evaluate the request. The
application shall identify the specific requirement for which the
adjustment is sought.
C. Review of Application. The Director or his or her designee will
review and either approve or deny the adjustment request in writing
following the Director's determination that all necessary information
has been received from the applicant. Approvals of standard and
complex adjustments will expire upon expiration of the permit to which
they apply. Approvals of preapplication adjustments will expire one
year after the approval date, unless a complete penuit application is
submitted and accepted.
D. Blanket adjustments. Blanket adjustments may be issued by the Director
based on:
1. A previously approved standard, complex, preapplication, or
experimental design adjustment and supporting documentation,
AND
2. Information describing the need for the blanket adjustment.
Typically, blanket adjustments should apply globally to design or
procedural requirements and be independent of site conditions.
Section 21-23. Appeal Procedure.
A. Appeal procedure. The applicant may appeal the denial or approval
conditions of an adjustment request by submitting a formal-letter to the
Director x~dthin 15 working days of the decision. This letter must include
ORD #
, Page -3 1
justification for review of the decision, along with a copy of the adjustment
request with the conditions (if applicable) and a listing of all previously
submitted material. The department director shall respond to the applicant in
writing within 15 working days; this decision shall be final and not subject to
subsequent appeal, either independently or as part of an appeal of overall
project land use or building permit approval. A per-hour review fee will be
charged to the applicant for the Director's review of an appeal.
B. Director's Decision on Appeal. The Public Works Director or designee may
grant an exception from the adjustment denial or approval conditions provided
that the Director finds that the request satisfies the following criteria:
1. The exception provides equivalent environmental protection
and is in the overriding public interest; and that the objectives of
safety, function, environmental protection and facility
maintenance, based upon sound engineering, are fully met;
2. That there are special physical circumstances or conditions
affecting the property such that the intent of the Core and Special
Requirements has been met;
3. That granting of the exception will not be detrimental to the
public health and welfare, nor injurious to other properties in the
vicinity and/or downstream, and to the quality of waters of the
state; and
4. The exception is the least possible exception that could be
granted to comply with the intent of the Core and Special
Requirements.
Exceptions granted shall expire upon expiration of the permit to which they apply.
ARTICLE III. Operations and Maintenance.
Division 1. GeneraLly
Section 21-24. Purpose.
The provisions of this article are intended to:
A. Provide standards and procedures
stormwater facilities in Federal Way to
stormwater drainage system.
for inspection and maintenanceof
provide for an effective, functional
B. Authorize the Federal Way Public Works Department to require that
stormwater facilities be operated, maintained and repaired in conformance with
this Ordinance.
C. Establish the minimum level of compliance which must be met.
ORD #
, Page -32
D. Guide and advise all who conduct inspection and maintenance of
stormwater facilities.
E. Event harmful materials from leaking, spilling, draining, or being
dumped into any public or private stormwater system.
Section 21-25. Adoption of State Statutes and Regulations.
The following state statutes and administrative regulations are hereby adopted
by this reference as if set forth in full, to the extent necessary to interpret and
implement this chapter:
RCWs
43.20
70.95
70.105
90.48
90.54
90.70
WACs
173-200
173-20 iA
173-216
173-220
173-204
173-303
173-304
173-340
246-290
Title
Drinking Water
Dangerous and Solid Waste
Dangerous Waste, MTCA, Sediment Standards
Ground Water, Surface Water, Sediment
Ground Water
Sediment
Title
Water Quality Standards for Ground Waters of the State
Washington
Water Quality Standards for Surface Waters of the State
Washington
State Waste Discharge Permit Program
National Pollutant Discharge Elimination System Permit Program
Sediment Management Standards
Dangerous Waste Regulations
Minimum Functional Standards for Solid Waste Handling
The Model Toxics Control Act Cleanup Regulation
Public Water Supplies
Division 2. Ownership, Operation and Maintenance Requirements.
Section 21-26. Ownership of Stormwater Facilities.
of
of
ORD # ., Page -33
A. Public Stormwater Facilities.
1. Stormwater Facilities in Rights-of-Way or Dedicated Easements or
Tracts. The City of Federal Way shall own, operate and maintain all
elements of the storm drainage system in the right-of-way and in.
easements or tracts granted or dedicated to, and accepted by, the City of
Federal Way.
2. Existing Stormwater Facilities on Private Property. The City of
Federal Way will not acquire or accept (via dedication, grant of easement,
or other conveyance) existing components of the stormwater conveyance
system located on private property, except when the components are
needed for City of Federal Way construction projects identified in the
Capital Facility Plan or annual Capital Improvement Program.
3. New Stormwater Facilities. The City of Federal Way will
acceptownership and responsibility for new retention / detention
systems (via dedication, grant of easement, or other conveyance) only if
all of the following conditions are met:
a. Public ownership of the system will provide a public benefit;
An easement or dedication of the property is offered by the
property owner at no cost;
c. The system meets City standards;
do
There is access for City of Federal Way maintenance from a
public right-of-way;
The City of Federal Way has adequate resources to maintain
the system; AND
The system serves a subdivision (as opposed to a short plat
or commercial property).
B. Private Stormwater Facilities. Stormwater systems located on private
property shall be the responsibility of the owner to operate, inspect, maintain
and improve.
Section 21-27. Maintenance Responsibility.
A. Generally.
All stormwater facilities shall be maintained in accordance with this
Ordinance and the Federal Way Stormwater System Operation and Maintenance
Manual. Drainage facilities shall be maintained so that they operate as intended.
Systematic, routine preventive maintenance is preferred.
ORD #
, Page -34
B. Public Stormwater Facilities.
The responsibility of the City of Federal Way shall be limited to maintenance
and operation of the City of Federal Way stormwater system, and the .City of Federal
Way assumes no responsibility for maintenance and operation of private systems.
C. Private Stormwater Facilities.
Property owners are responsible for the maintenance, operation or repair of
stox ~xxwater drainage systems and BMPs. Property owners shall maintain, operate and
repair these facilities in compliance with the requirements of this Ordinance and the
Federal Way Stormwater System Operation and Maintenance Manual.
D. New Subdivisions and New Short Plats
In new subdivisions and short plats, maintenance responsibility for private
drainage facilities shall be specified on the face of the subdivision or short plat.
E. Existing Subdivisions and Existing Short Plats
If a private drainage facility serves multiple lots and the responsibility for
maintenance has not been specified on the subdivision plat, short plat or other legal
document, maintenance responsibility shall rest with the homeowners association, ff
one exists, or otherwise with the owners of the properties served by the facility. If
owners of the properties served by the facility cannot be located, maintenance
responsibility shall rest with the owner(s) of the property on which the facilities are
located.
Section 21-28. Minimum Maintenance Standards
The following are the minimum standards for the maintenance of stormwater
facilities:
A. All stormwater facilities shall be inspected at regular intervals and
maintained and repaired in accordance with the Federal Way
Stormwater System Operation and Maintenance Manual, the approved
designs for stormwater facilities, stormwater permits which may be
issued by the City of Federal Way, the State Department of Ecology, or
the Environmental Protection Agency (EPA), applicable construction
standards, and the minimum requirements as stated in the
Stormwater Management Manual
B. Where maintenance and repair is necessary to correct health or
safety problems, to prevent hamfful materials from entering the
stormwater system, or to remove harmful materials that have entered
the stormwater system, such work shall be completed by the owner or
operator of the stormwater system or stormwater facility within 24
hours of discovery of the need for maintenance or repair. When
maintenance and repair is found necessary to prevent water quality
degradation, such work shall be completed within 14 calendar_days of
discovery of the need for maintenance or repair. For other related
ORD #
, Page -35
problems, maintenance or repairs shall be completed within 30
calendar days of discovery or repair.
C. Where lack of maintenance is causing or contributing to a water
quality problem, immediate action shall be taken to correct the
problem. Within 1 monthr the director shall revisit the facility to
assure that it is being maintained.
D. Should the public works director have reasonable cause to believe
that the situation at a private stormwater facility is so adverse or
hazardous so as to preclude written notice, he or she may take the
measures necessary to eliminate the hazardous situation, provided
that he or she shall first make a reasonable effort to locate the owner
before acting. In such instances the owner of the property and/or the
person responsible for the maintenance of the facility shall be obligated
for the payment of all costs incurred. If costs are incurred and a bond
pursuant to this chapter or other ciW requirement has been posted,
the public works director shall have the authority to collect against the
bond to cover costs incurred. --
E. Illicit discharges to the stormwater system are prohibited, unless
such discharges are authorized in accordance with Chapter 173-216
WAC (State Waste Discharge Permit Program) or Chapter 173-220 WAC
(National Pollutant Discharge Elimination System Program).
F. Harmful and prohibited materials, as de£med in this chapter, shall
not be allowed to enter any stormwater system. All such substances
shall be stored, handled and disposed in a manner that will prevent
them from entering the stormwater system. Further, storage, handling
and disposal shall be conducted in accordance with Chapters 173-304
and 173-303 WAC.
Section 21-29. Disposal of Waste from Maintenance Activities
Disposal of waste from maintenance activities shall be conducted in accordance
with the Minimum Functional Standards for Solid Waste Handling, Chapter 173-304
WAC, guidelines for disposal of waste materials from stormwater maintenance activities,
and where appropriate, the Dangerous Waste Regulations, Chapter 173-303 WAC.
Division 3. Administration and Enforcement.
Section 21-30. Inspection Program.
A. Program
The Director is shall develop and implement a program and procedures for the
regular inspection of all public and private stormwater facilities in Federal Way. As
part of that program, or whenever there is probable cause to believe that a violation of
this chapter or article has been or is being committed, the Director (or his or her
designated inspector) is authorized to inspect all public and private portions of the
ORD # , Page -36
stormwater drainage systems within Federal Way during regular working hours and at
other reasonable times to determine compliance with the provisions of this chapter.
B. Schedule
As part of the inspection program, the Director shall establish a master
inspection and maintenance schedule. Inspections shall be annual, at a minimum.
Critical stormwater facilities may require a more frequent inspection schedule. If,
during an inspection, a facility is found not to be in compliance with the standards
described in the Federal Way Stormwater System Operation and Maintenance
Manual, all subsequent inspection and maintenance intervals shall be scheduled
more frequently if determined by the Director to be necessary in order to assure
future compliance. If, during the course of the inspection program, additional existing
stormwater facilities are discovered, they shall be added to the master inspect/on and
maintenance schedule.
Section 21-31. Entry to Stormwater Facilities.
Prior to making any inspections, the inspector shall present identification
credentials, state the reason for the inspection and request entry.
A. If the property or any building or structure on the property is
unoccupied, the inspector shall first make a reasonable effort to locate
the owner or other person(s) having charge or control of the property or
portions of the property and request entry.
B. If after reasonable effort, the inspector is unable to locate the owner
or other person(s) having charge or control of the property, and has
reason to believe the condition of the stormwater drainage system
creates a risk of imminent harm to persons or property, the inspector
may enter.
C. If entry is not consented to by the owner or person(s) in control of
the property or portion of the property, and no conditions are
reasonably believed to exist which create a risk of imminent hm-m, the
inspector shall obtain a search warrant prior to entry. To the extent
authorized by the laws of the State of Washington, the Federal Way
Municipal Court is hereby authorized to issue a warrant permitting the
inspection of privately owned stormwater facilities, upon a showing of
probable cause to believe that a provision of this chapter has been or is
being violated.
D. The inspector may also inspect the stormwater drainage system
without obtaining a search warrant provided for in Subsection C above,
provided the inspection can be conducted while remaining on public
property or other property on which permission to enter is obtained.
E. In the event any person, whose property has previously been
provided with utility fee credits for on-site water quantity/quality
control, refuses to allow the Director to inspect said facility or commits
a violation of this Ordinance, the Director shall cancel the water
ORD #
, Page -37
quality/quantity credits for said property accordingly. Whenever the
Director shall make such an adjustment, a notice and order of
adjustment shall be mailed to the owner of said property by certified
and regular .mall. The notice shall be deemed received when signed for
by the owner, or, if the owner fails or refuses to sign for the notice
within the time provided by the postal service, within three days of
mailing. The owner may request the Director to reconsider the notice
and order by filing a request for such reconsideration within 10 days of
receipt of the notice. The Director's decision on any such
reconsideration shall be final and not subject to further appeal.
F. In the event any person, whose property has previously been
provided with a reduced intensity of development classification as the
result of the existence of a detention facility on said property, refuses
to allow the Director to inspect said detention facility or commits a
violation of this Ordinance, the Director may adjust the intensity of
development classification for said property and the billing rate for said
property. Whenever the Director shall make such an adjustment, a
notice and order of adjustment shall be mailed to the owner of said
property by certified and regular mail. The notice shall be deemed
received when signed for by the owner, or, if the owner fails or refuses
to sign for the notice within the time provided by the postal service,
within three days of mailing. The owner may request the Director to
reconsider the notice and order by filing a request for such
reconsideration within 10 days of receipt of the notice. The Director's
decision on any such reconsideration shall be final and not subject to
further appeal.
Section 21-32. Inspection and Maintenance Records.
A. Records for New Facilities
Records of new public or private stormwater facilities shall include the following:
1. As-built plans and locations.
2. Findings of fact for any exemption granted by the City of
Federal Way.
3. Operations and maintenance requirements and records of
inspections, maintenance actions and frequencies.
4. Engineering reports, if prepared prior to or during
construction of the facility.
B. Records for Existing Facilities
Upon the request of the Director, all owners of existing storm drainage
systems shall provide the Director with all inspection, maintenance and repair
records for their facilities, as well as any existing record drawings or diagrams
of their storm drainage systems.
ORD # , Page -38
Section 21-33. Reporting.
The Director shall report annually to the Federal Way City Council about the
·.. status.of the inspections. The annual report may include, but need not be limited to,
the portions of the components found in and out of compliance, the need to upgrade
components, enforcement actions taken, compliance with the inspection schedule, the
resources needed to comply with the schedule, and comparisons with previous years.
Section 21-34. Enforcement.
The Director shall enforce this article using FWCC Chapter 1, Article III, Civil
Enforcement of Code. Civil enforcement is in addition to, and does not limit any other
forms of enforcement available to the City including, but not limited to, criminal
sanctions or other remedies as specified herein or in FWCC Chapter 1, Articles II - III,
nuisance and injunction actions, or other civil or equitable actions to abate,
discontinue, correct or discourage unlawful acts in violation of this chapter.
Article IV. Water Quality
Division 1. Generally
Section 21-35. Purpose
The purpose of this article is to protect the City's surface and ground water
quality by providing minimum requirements for reducing and controlling the
discharge of contaminants from commercial, industrial, governmental, agricultural,
residential and other land use activities in Federal Way. The City Council recognizes
that water quality degradation can result directly from one discharge or through the
collective impact of many small discharges. Therefore, this chapter requires the
implementation of the best known, available, and reasonable management practices
to prevent the contamination of stormwater, surface water, and ground water·
In addition, the City Council also recognizes the importance of maintaining
economic viability while providing necessary environmental protection. An additional
purpose of this chapter it to assist in the achievement of both goals.
Division 2. Discharges Into Federal Way Waters and Storm Drainage Systems
Section 21-36. Illicit Connections.
No person may connect a conveyance system which was not constructed or intended
to convey precipitation runoff, or which has been converted from such usage to another
use, to a storm drainage system or groundwater infiltration system; except that the
following connections or discharges may be made:
A. Allowable discharges as defined below
B. Discharges authorized by a NPDES or State Waste Discharge P_ermit
ORD #
, Page -39
C. Connections conveying effluent from an approved onsite sewage
disposal system to its drainfield.
Section 21-37. Prohibited Discharges
It is unlawful for any person to discharge contaminants into surface and storm
water, ground water, or Puget Sound. Contaminants include, but are not limited to,
the following::
A. Trash or debris
B. Construction materials
C. Petroleum products including but not limited to oil, gasoline, grease, fuel
oil, heating oil
D. Antifreeze and other automotive products
E. Metals in either particulate or dissolved form
F. Flammable or explosive materials
G. Radioactive material
H. Batteries
I. Acids, alkalis, or bases
J. Paints, stains, resins, lacquers, or varnishes
K. Degreasers and/or solvents
L. Drain cleaners
M. Pesticides, herbicides, or fertilizers
N. Steam cleaning wastes
O. Soaps, detergents, or ammonia
P. Swimming pool or spa filter backwash
Q. Chlorine, bromine, or other disinfectants
R. Heated water
S. Domestic animal wastes
T. Sewage
U. Recreationa/vehicle waste
ORD #
, Page -40
V. Animal carcasses
W. Food wastes
X. Bark and other fibrous materials
Y. Collected lawn clippings, leaves, or branches
Z. Silt, sediment, or gravel
AA. Dyes (except as described below under 'Allowable Discharges")
BB. Chemicals not normally found in uncontaminated water
CC. Any other process associated discharge except as otherwise allowed in
this section
DD. Any hazardous material or waste not listed above.
Section 21-38. Allowable Discharges.
Subject to provisions of the BMP Manual, the following types of discharges
shall not be considered prohibited discharges for the purpose of this chapter unless
the Director determines that the type of discharge, whether singly or in combination
with others, is causing pollution of surface and storm water or ground water:
A. Potable water including water from water line flushing and hydrant
maintenance
B. Uncontaminated water from crawl space pumps or footing drains
C. Lawn watering
D. Dechlorinated swimming pool water
E. Materials placed as part of an approved habitat restoration or bank
stabilization project
F. Natural uncontaminated surface water or ground water
G. Flows from riparian habitats and wetlands
H. Common practices for water well disinfection
I. Discharges resulting from diffuse or ubiquitous sources such as atmospheric
deposition
J. Discharges resulting from dye testing authorized by the Director
K. Discharges which result from emergency response activities or other actions
that must be undertaken immediately or within a time too short to allow full
ORD # , Page -41
compliance with this chapter so as to avoid an imminent threat to public health
or safety (The Director may further define qualifying activities in administrative
guidance. The person responsible for said emergency response activities shall
take all necessary steps to ensure that the discharges resulting from such
activities are minimized and ensure that future incidents are prevented to the
greatest extent possible.)
L. Other types of discharges as determined by the Director
Division 3. Best Management Practices.
Section 21-39. Stormwater Pollution Control Manual.
A. General. The King County Stormwater Pollution Control Manual (BMP
Manual), adopted in Sections 21-10 and 21-11 above, apples to existing
facilities and activities and to new development activities not covered by the
King County Surface Water Design Manual (KCSWDM) and Federal Way
Addendum to the KCSWDM. The BMP manual describes the types of regulated
activities, the types of contaminants generated by each i/ctivity, the
contaminant's affect on water quality, the required source control BMPs, and
the available treatment BMPs. The BMP Manual includes information on
design, maintenance, allowable use of alternative BMPs, and a schedule for
BMP implementation.
B. Priority of BMP Implementation. In applying the BMP manual, the Director
hall first require the implementation of source control BMPs unless the BMP
manual specifically requires treatment BMPs. If source control BMPs (or
treatment BMPs if required by the BMP Manual) do not prevent contaminants
from entering surface and storm water or ground water, the Director may
require implementation of additional source control BMPs and/or treatment
BMPs according to AKART.
C. Prevention of pollution of Surface and Ground Waters. BMPs shall be
applied as required herein, so that when all appropriate combinations of
individual BMPs are utilized, pollution of surface or ground waters is
prevented. If all BMPs required herein, or by the Director are applied, and
pollution still occurs, the discharger shall modify existing practices or apply
further water pollution control measures, as specified by the Director. In the
absence of implementation of applicable BMPs, the Director shall be authorized
to conclude that individual activities are causing pollution in violation of this
article, and shall be authorized to enforce this article accordingly.
D. Technical Assistance. The Federal Way Surface Water Management
Division will provide, upon reasonable request, available technical assistance
materials and information, and information on outside financial assistance
options, to persons required to comply with this chapter.
ORD #
, Page -42
Section 21-40. Exemptions.
It is intended that all persons shall apply appropriate BMPs, whether as
required by this chapter or under the authority of another program. Notwithstanding
the requirements of Section 21-39, implementation of BMPs prescribed by this article
is not required when:
A. Alternative BMPs are being implemented pursuant to another federal, state,
or local program, unless the Director determines the alternative BMPs will not
prevent or sufficiently reduce the discharge of contaminants. If the other
program permitting alternative BMPS requires the development of a best-
management-practices plan, the person shall, upon request and at no cost to
the City, provide the Director a copy of the BMP Plan within five days of the
request;
B. A general or individual NPDES permit for storm water discharges has been
issued by the Washington State Department of Ecology for the property or
activity in question, and the NPDES permit includes a water quality pollution
control plan; unless the Director determines that the plan is not being
implemented or that implementation of the water quality pollution control plan
will not prevent or sufficiently reduce the discharge of contaminants.
C. A farm management plan approved by the Director is being implemented
and maintained according to the plan;
D. A general or individual NPDES permit for commercial dairy operations has
been issued by the Washington State Department of Ecology;
E. An approved Forest Practices Application has been approved by the
Washington State Department of Natural Resources for forest practices, with
the exception of forest practices occurring on lands platted after January 1,
1960, or on lands being converted to another use, or regulatory approval has
otherwise been issued by the City of Federal Way or other local government
under RCW 76.09.240;
F. The Director is authorized to and has issued an exemption from BMP
requirements under another provision of this chapter.
Division 4. Enforcement
Section 21-41. Enforcement.
A. Violations.
Notwithstanding the requirements of Sections 21-36 - 21-39, if a person has
properly designed, constructed, implemented, and is maintaining BMPs according to
the BMP Manual, is carrying out AKART as required or approved by the Director,
and/or has modified existing practices as specified by the Director, and contaminants
continue to enter surface and storm water or ground water; or the person can
demonstrate that there are no additional contaminants being discharged-from the site
ORD # , Page -43
above the background conditions of the water entering the site, then that person shall
not be in violation of this article. Said person however, remains liable for any
prohibited discharges through illicit connections, dumping, spills, improper
maintenance of BMPs, or other discharges in violation of this article that allow
contaminants to enter surface and storm water or ground water.
B. Additional Guidance
The Director, in consultation with other departments of Federal Way
government, may develop and implement additional guidance information which
describes the goals, objectives, policies, and procedures for a water quality
investigation and enforcement program. These procedures will describe how the City
will investigate and respond to reports or instances of noncompliance with this
chapter and shall identify by title the official(s) responsible for implementing the
enforcement procedures.
C. Inspections
The Director may observe BMPs or examine and/or sample surface and storm
water or ground water as often as may be necessary to determine compliance with
this chapter. The Director or his or her designee is further authorized, as set forth in
Sections 21-30 and 21-31 above, to enter in or upon any public or private property for
the purpose of inspecting and investigating conditions relating to the pollution of or
the possible pollution of surface and/or ground waters. Whenever an on-site
inspection of a property is made, the findings shall be recorded. A copy of the
inspection findings shall be furnished to the owner or the person in charge of the
property after the conclusion of the investigation and completion of the inspection
findings.
D. Sampling and Analysis
Whenever the Director determines that there that any person has violated or is
violating the provisions of this article, the Director may require the person responsible
for the violation to sample and analyze any discharge, surface and storm water,
ground water, and/or sediment, in accordance with sampling and analytical
procedures or requirements determined by the Director. A copy of the analysis shall
be provided to the Federal Way Surface Water Management Division.
E. Enforcement.
If the Director determines that a violation has been committed, the Director
shall enforce this article using FWCC Chapter 1, Article III, Civil Enforcement of Code.
Civil enforcement is in addition to, and does not limit any other forms of enforceme.nt
available to the City including, but not limited to, criminal sanctions or other
remedies as specified herein or in FWCC Chapter 1, Articles II - III, nuisance and
injunction actions, or other civil or equitable actions to abate, discontinue, correct or
discourage unlawful acts in violation of this chapter.
ORD # , Page -44
F. Summary Abatement
In addition to the remedies specified by Chapter 1, Article III, Civil Enforcement
of Code, whenever any violation of this article causes or creates a condition, the
continued existence of which constitutes an immediate and emergent threat to the
public health, safety or welfare or to the environment, the Director may summarily
and without prior notice abate the condition. Notice of such abatement, including the
reason for it, shall be given to the person responsible for the violation as soon as
reasonably possible after the abatement. The costs of such summary abatement shall
be recoverable via procedures for recovery of abatement costs as set forth in Chapter
1, Article III, Civil Enforcement of Code.
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 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 five (5) days from and after its passage and publication, as provided by law.
of
PASSED by the City Council of the City of Federal Way this
, 19
day
CITY OF FEDERAL WAY
MAYOR, RON GINTZ
ORD # , Page -45
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~swmord
ORD # , Page -46
MEETING DATE: November 16, 1999
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: HUMAN SERVICES COMPREHNSIVE PLAN UPDATE
CATEGORY: BUDGET IMPACT: None
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
X CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
ATTACHMENTS: 1) Memo to the Council dated 11/8/99 outlining the proposed changes to the Plan; 2) Memo to
the Parks, Recreation, Human Services, and Public Safety (PRHSPS) Council Committee dated 10/18/99;
3) Original Section One - Overview, with minor updates; 4) Revised Section Two - Community Profile; 5) Revised
Section Three - Human Services Systems; 6) Original Section Four - Strategies, with minor updates; 7) Revised
Appendix A (Provider List); 8) Original Sections Two and Three for reference.
SUMMARY/BACKGROUND: The purpose of updating the 1996 Human Services Comprehensive Plan is to
update the data in the Community Profile and Human Services System sections, to provide the most current
information available regarding human services needs and gaps in Federal Way. The Plan is being updated now, so
that it will be available for the 2001-2002 Human Services Allocation Process, which begins in the first qu0rter of
2000. The research for this year's update confirms the need for funding in all four of the Council goal areas. As a
result, no policy changes (to Section 4) are recommended at this time. In early 1999, the Human Services
Commission (HSC) reviewed the Plan and provided feedback to staff on the changes and information they would
like to see updated. A consultant was hired to update these two sections of the Plan. The consultant used a wide
range of sources and research methods, including reviewing recent studies and service data from local providers,
key informant interviews, and focus groups. In September, the HSC reviewed and commented on the draft updates.
The Plan update has also been available for public comment.
CITY COUNCIL COMMITTEE RECOMMENDATION: At their October 25, 1999, meeting the PRHSPS
Council Committee reviewed the draft Comprehensive Plan Update. They made some modifications and voted
unanimously to forward it with those modifications to the full City Council for approval.
CITY MANAGER RECOMMENDATION: Approve Council Committee recommendation.
APPROVED FOR INCLUSION IN COUNCIL PACKE~
(BELOW TO BE COMPLETED BY CI;~Y CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL It
1st Reading
Enactment Reading
ORDINANCE It
RESOLUTION It
6!
CITY OF~
MEMORANDUM
(253) 661-4000
FEDERAL WAY, WA 98003-6210
DATE:
TO:
FROM:
SUBJECT:
November 8, 1999
City Council Members
Ann Guenther, Human Services Manager~--~
Summary of the Proposed Changes to the Human Services
Comprehensive Plan
Introduction
This memo outlines the proposed changes to the Human Services Comprehensive Plan.
The primary changes have been made to Sections II and III, the Community Profile and
Human Services Delivery Systems. Minor changes have been made to Section I -
Overview, and Section IV to reflect funding and service changes that have occurred over
the past three years. Appendix A, the list of human services providers serving Federal
Way has also been updated.
This memo outlines the changes that were reviewed by the Parks, Recreation, Human
Services, and Public Safety Committee on October 25, 1999, as well as the changes the
Committee recommended be made at that meeting. I will be at your November 16, 1999
meeting to answer any questions you have about the updates to the Plan. If you have
any questions before then, please call me at (253) 661-4039.
Summary of the Updates Approved by the PRHSPS Committee
Section l: Overview
On page 1, the Human Services funding history information in the first paragraph and in
the chart has been updated to include 1997-1999 information.
Section 2: Community Profile
The majority of the information in this section has been updated. This section is now
organized into the four Council goal areas and includes information on human services
needs in Federal Way. A broad range of issues are covered including: population
statistics, refugee and immigrant data, employment and income information, education
information, crime data, information on domestic violence, child abuse, and sexual
assault, updates on welfare reform, and housing data. Each section includes updated
information in each of these areas and a summary of the implications for services to
Federal Way residents.
Section 3: Human Services Delivery System
The majority of the information in this section has been updated. This section includes
information on a broad range of areas including services provided by different sectors of
government, services provided by private community-based agencies, and churches.
This section provides an overview of the range of services available, outlines the
programs funded by the City and discusses the capacity issues in each of the four goal
areas.
Section 4: Strategies
On page IV-9, the City's policy regarding the target of 37% being allocated to Goal 1 -
Basic Needs has been added. This policy was established by the City Council in 1998.
Appendix A: Organizations Providing Human Services to Federal Way Residents
This section describes the services of more than 80 organizations serving Federal Way
residents. Service and address information has been updated throughout and new
service organizations have been added. Organizations added as part of this year's
update are noted with the o,** symbol.
Appendix B: City of Federal Way, CDBG Four-Year Strategies, 1996-1999
The City's 2000-2003 CDBG Strategies, as approved by the Council in May 1999, will be
included as an Appendix. (Not included with this packet.)
Appendix C: List of References - This list will be updated to include the new sources
used in the updates to Chapter II and III. This revision is in process and the new version
will be added to the final document. (Not included with this packet.)
Summary of Changes made by the PRHSPS Committee
In addition to the changes already made in the Plan update, the Committee suggested
the following changes that have been incorporated into the revised draft in this packet.
Specifically, the Committee wanted to note the impact of Community Development Block
Grant (CDBG) funding in addressing human services needs in Federal Way. Previously,
the Plan focused only on Human Services-funded programs. All changes are underlined
in the draft for easy reference.
Section 2: Community Profile
Page 10 -- The abbreviations in the chart are now explained.
Page 24 -- New information about child care needs was added.
Section 3: Human Services Delivery System
Page 6 - A discussion about the impact of CDBG funding on housing and poverty was
added.
Page 7 - Added a discussion about the impact of grant funding on the stability of human
services programs.
Page 8-12 -- 1999 and 2000 CDBG funded projects were added to the list of City funded
services in each of the Council goal areas.
Page 13 - Added a summary of the potential implications of the passage of Initiative 695
for human services.
Section 4: Strategies
Page 3 - In the Current Services Conditions section, it is noted that a youth shelter was
recently funded with City Community Development Block Grant (CDBG) funds and is
slated to open in 2000.
Page 4 - The words "continue to" were added the strategy of supporting the
development of a youth transitional housing program in Federal Way.
Page 5 - In the Current Services Conditions section, language was changed to note that
the City now provides police services and domestic violence prosecution directly. A
sentence was also added describing the Public Safety Victim Assistance Program and
the Legal Advocate Program provided through the Law Department.
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE
Date:
From:
Subject:
October 18, 1999
Ann Guenther, Human Services Manager ~
Human Services Comprehensive Plan Update
Background
The Human Services Plan was written in 1996 and much of the data used in the Community
Profile section is based on 1995 service data and statistics. The purpose of updating the
Human Services Comprehensive Plan at this time is to update the data in two sections of the
Plan, the Community Profile and Human Services System sections, to include the most current
information available regarding the human services needs and service gaps in our community.
The objective is to have useful data that the Commission and the City Council can use in
making human services allocation and policy decisions. The Plan is being updated at this time,
so that it will be available for use during the 2001-2002 Human Services Allocation Process,
which begins in the first quarter of 2000.
The research for this year's update confirms the need for funding in all four of the Council goal
areas. As a result, no recommendations for changes to the funding policies are recommended
at this time. The policies and specific funding strategies, outlined in Section Four of the Plan,
continue to be useful guides for allocation and policy decisions.
This memo outlines the process used for updating the Plan, a summary of the proposed
changes and a summary of the key findings as a result of this update. Attachments to this
packet include the following sections of the Plan: 1) Original Section One - Overview, with minor
updates noted; 2) Revised Section Two - Community Profile; 3) Revised Section Three -
Human Services Systems; 4) Original Section Four- Strategies, with one change noted; 5)
Revised Appendix A (Provider List); 6) Original Sections Two and Three for reference.
Process Used for Updating the Plan
In early 1999, the Human Services Commission reviewed the Plan and provided feedback to staff
on the changes and information they would like to see made to the Community Profile and Human
Services Sections of the Plan. After conducting a competitive bid process, staff contracted with
the human services consultant team of Sylvie McGee, All for a Good Cause and Linda Rinaldi, to
research and update these two sections of the Plan. Both Sylvie and Linda have extensive
experience in writing human services plans including work for the cities of SeaTac and Tukwila.
They have also conducted human services assessment and planning services for the City of Kent,
the King County Consolidated Plan, and the King County Housing Authority. This project is funded
with 1999 Community Development Block Grant (CDBG) Planning and Administration funds.
The consultant team began work on this project in April, They have used a wide range of sources
to update the plan including reviewing service data from local human services providers, reviewing
reports from state and county agencies and key informant interviews with community service
providers. They have also conducted focus groups with members of the Ukrainian and Hispanic
communities and human service providers.
In September, the Human Services Commission reviewed the draft of the Human services
Comprehensive Plan updates and provided comments on the draft. The draft has also been
available for public comment, mailed to human service providers, and reviewed by City staff from
those departments providing human services. These comments have been incorporated into the
draft attached for the Committee's review.
Summary of Proposed Updates to the Plan
Section l: Overview
On page 1, the Human Services funding history information in the first paragraph and in the chart
has been updated to include 1997-1999 information.
Section 2: Community Profile
The majority of the information in this section has been updated. This section is now organized
into the four Council goal areas and includes information on human services needs in Federal
Way. A broad range of issues are covered including: population statistics, refugee and
immigrant data, employment and income information, education information, crime data,
information on domestic violence, child abuse, and sexual assault, updates on welfare reform,
and housing data. Each section includes updated information in each of these areas and a
summary of the implications for services to Federal Way residents.
Section 3: Human Services System
The majority of the information in this section has been updated. This section includes
information on a broad range of areas including services provided by different sectors of
government, services provided by private community-based agencies, and churches. This
section provides an overview of the range of services available, outlines the programs funded
by the City and discusses the capacity issues in each of the four goal areas.
Section 4: Strategies
On page IV-9, the City's policy regarding the target of 37% being allocated to Goal 1 - Basic Needs
has been added. This policy was established by the City Council in 1998.
Appendix A: Organizations Providing Human Services to Federal Way Residents
This section describes the services of more than 80 organizations serving Federal Way residents.
Service and address information has been updated throughout and new service organizations have
been added. Organizations added as part of this year's update are noted with the ¢o symbol.
Appendix B: City of Federal Way, CDBG Four-Year Strategies, 1996-1999
The City's 2000-2003 CDBG Strategies, as approved by the Council in May 1999, will be included
as an Appendix. (Not included with this packet.)
Appendix C: List of References- This list will be updated to include the new sources used in the
updates to Chapter II and II1. This revision is in process and the new version will be added to the
final document. (Not included with this packet.)
2
Key Findin_~s
As noted above, the research for the update confirms a continued need for funding in all four of the
Council goal areas. Some of the key findings in the report include the capacity issues summarized
in Section III of the report. Below are some highlights of these findings:
Basic Needs
· Even though welfare reform has succeeded in reducing the number of caseloads, many of the
families leaving welfare for entry level jobs are having more difficulty making ends meet. As
a result, agencies providing basic need services of food and shelter are seeing an increased
demand for services.
Lack of adequate public transportation is an issue for many providers of basic needs services.
Residents who do not have reliable cars must use buses to get to service locations. As a
result, agencies must provide subsidies for bus transportation, which impacts emergency funds
available for other needed services.
Public Safety
· Continued population growth in the City is likely to continue to increase the need for counseling,
family support and services to victims of crime such as domestic violence and sexual assault.
Immigrant, refugee and non-English speaking families require counseling services that are
culturally and linguistically appropriate. Counseling service providers report difficulty in reaching
these populations effectively. Diversification of service providers or greater investment in
developing appropriate services within mainstream providers is an emerging need.
Self-Sufficiency and Independence
· Lack of an adequate supply of child care is a barrier for many families. State and county
subsidy rates for child care services are in many cases below prevailing rates for these
services. This limits the supply of child care slots that can be subsidized for Iow income
parents seeking work.
· Projected growth in the elderly population, especially the frail elderly over age 85, is likely to
place increasing pressure on in-home support services for seniors.
Strong Neighborhoods
· Most residents work outside the City, limiting their time for community involvement to non-work
hours. Many face lengthy commutes, which affect their ability participate in outside activities.
Increased diversity in the population, particularly recent immigrants and refugees with limited
English speaking skills, create challenges as neighbors seek to communicate and find common
ground.
These are just a few of the findings in the report. I will be at your October 25, 1999 meeting to
provide a brief overview of the updates to the Plan and to respond to your questions about the
Plan. If you have questions before the meeting, please call me at (253) 661-4039.
Committee Recommendation:
Approve the Human Services Comprehensive Plan updates as written. Forward on to the
full City Council for review on November 16, 1999.
Approve the Human Services Comprehensive Plan with the modifications made by the
Committee. Forward on to the full City Council for review on November 16, 1999.
~/~mmittee 'Member
· Human
Services
Division
UPDATED NOVEMBER 199~
City of Federal Way
Human Services Comprehensive Plan
Updated November 1999
CITY COUNCIL ................................... Ron Gintz, Mayor
Michael Park, Deputy Mayor
Jeanne Burbidge
Jack Dovey
Mary Gates
Linda Kochmar
Phil Watkins
HUMAN SERVICES COMMISSION
Rick Agnew
Richard Bye
Bill Foulkes
Del Hoover
Ken Johnson
Kevin King
Eric Olsen
Teresa Peffiey
Jon Schmick
Lisa Welch
CITY STAFF ............................ David H. Moseley, City Manager
Stephen Clifton, Director, Community Development Services
Ann Guenther, Human Services Manager
Bonnie Olson, Former Human Services Manager
Camron Parker, CDBG Coordinator
Patricia Wilson, Administrative Assistant
City of Federal Way
Human Comprehensive Services Plan
Table of Contents
Section I Overview
History of City Support of Human Services
Purpose of the Human Services Plan.
Community Partnerships
City Council Goals and Priorities
Scope of the Human Services Plan
About the Data
Plan Organization
Section II Community Profile
Federal Way Population
Population Growth
Age
Race and Ethnicity
Refugees and Immigrants
Basic Needs Related to Information
Economy and Jobs
Income
Low-income Households.
Public Assistance Recipients
Health Care
Poverty Issues
Household Composition
Implications for Services
Public Safety Related Information
Education
Juvenile Crime
Adult Crime
Domestic Violence
Child Abuse
Sexual Assault
Alcohol and Drug Abuse
Implications for Services
Self-Sufficiency Related Information
Welfare Reform
Living Wage
Child Care
Implications for Services
I-1
I-2
I-2
I-2
I-3
I-4
I-4
11-2
11-3
11-4
11-4
11-7
11-7
11-8
11-9
11-10
I1-11
11-12
11-12
11-14
11-15
11-16
11-16
11-17
11-18
11-18
11-19
11-21
11-22
11-23
11-24
Strong Neighborhood Related Information
Housing
Implications for Services
Conclusion
Section III Human Services Delivery System
Role of Government in Human Services
Federal Agencies Providing Services
State Agencies Providing Direct Human Services
County Agencies Providing Direct Human Services
City of Federal Way Services
Community Development Block Grant Funding Impact on Housing and Poverty
Private Community Based Agencies
Basic Needs - City Funded Services and Capacity Issues
Public Safety - City Funded Services and Capacity Issues
Self-Sufficiency - City Funded Services and Capacity Issues
Strong Neighborhood - City Funded Services and Capacity Issues
Potential Impact of State Initiative 695
Conclusion
Section IV Strategies
Implementing City Council Goals
Recommendations for City Policy
Strategy Implementation An Ongoing Process
Partnerships with Human Service Agencies Key to Success
Strategies Rationale:
Objectives, Community Concerns, Current Service Conditions, Strategies
Goal #1
Goal #2
Goal #3
Goal #4
Policies Recommendations Summary
Appendices
Appendix A: Organizations Providing Human Services to Federal Way Residents
Appendix B: City of Federal Way: CDBG Four-Year Strategies
Appendix C: List of References
11-26
11-29
II1-1
II1-1
111-2
111-4
111-5
111-6
111-7
111-8
111-10
111-10
111-12
111-12
111-13
IV-1
IV-1
IV-1
IV-1
IV-3
IV-5
IV-7
IV-8
IV-9
Table of Contents Rev
11/8/99
SECTION
]:
CITY OF FEDERAL WAY HUMAN SERVICES COMPREHENSIVE PLAN OVERVIEW
UPDATED NOVEMBER, 1999
7.1,
City of Federal Way Human Services Comprehensive Plan
OVERVIEW
History of City Support of Human Services
Since its incorporation in 1990, the City of Federal Way has supported a range of human
services through partnerships with human service agencies, neighboring South County cities and
other service providers such as the Federal Way School District and the King County Public Health
Department. In 1990, the City Council established the Human Services Commission to oversee the
development of the City's human services program. The Human Services Commission is made up of
nine Federal Way residents who provide recommendations on funding levels and related human
service issues. Since establishing the Human Services Program, the City has provided ~
$3,242,840 (an average of $3~.7,657 $360,316 annually) in general human services funding through
contracts with local providers.
In addition, the City funds human services through the federal Community Development Block Grant
(CDBG) program and through many of its Parks and Recreation programs. CDBG funds are used for
capital projects and public services. Examples of CDBG projects include: improvements to the City's
~./!~itat~c,-, R~tr~ct and C'--'!tura~ Ce,-,t~r Dumas Bay Center to comply with the federal Americans with
Disabilities Act (ADA), home repair loans for Iow income families, funds to the local food bank to
rehabilitate their office and service space and subsidies for child care for Iow income families.
Examples of Parks programs providing human services include special programs for youth, seniors
and people with disabilities.
Human Services Funding History
Year General CDBG Parks& Total
Fund Recreation*
1991 $249,414 $305,000 $114,632 $669,046
1992 337,860 320,000 100,000 757,860
1993 366,028 456,000 34,000 856,028
1994 368,643 410,538 119,412 898,593
1995 382,000 653,229 134,233 1,169,462
1996 382,000 504,108 125,762 1,011,870
1997 350,000 700,389 81,619 1,132,008
1998 388,775 599,149 82,680 1,070,604
1999 418,120 651,596 77,471 1,147,187
TOTALS $3,242,840 $4,600,009 ~869,809 $8,712,658
· Chart information from the City of Federal Way Adopted Budget, 1999/00, p. 79.
· 1994-1999 includes 50% of Community & Senior Center & 33% of Special Populations; 1991-1993 include
contributions to the Federal Way Senior Center. ~-
I-1
7,9
City of Federal Way Human Services Comprehensive Plan
The chart above outlines the City's funding of human services (general, CDBG, Parks) for 1991-
1996. This support demonstrates the City's commitment to providing quality human services to City
residents in need.
Purpose of the Human Services Plan
This document is prepared as a guidepost for establishment of Human Services policies and funding
decisions by the City of Federal Way. Along with the adoption of a biennial budget, the City will
provide more clarity to community based human services providers regarding the City's role and level
of City funding provided for human services with general fund revenues. Additionally, the plan will
outline further policy development for the coming years, to increase effectiveness of the City's
partnership with other funders and service providers.
Community Partnerships are Key in Providing a Continuum of Human Services
The City cannot meet all of the human service needs in our community alone. Partnerships with
service providers, churches, schools, and other funders at federal, state, county and local levels are
critical in developing and maintaining a comprehensive system of services to the community. No one
entity can meet the all the human service needs in the community. The City has two primary
functions in human services:
Funder: The City's role as funder is to supplement federal, state and county dollars in service
areas that are of highest priority for City residents, and to provide an incentive for effective service
delivery within the City for Iow income Federal Way citizens. In addition to General Funds, the
City's management and allocation of Federal Community Development Block Grant (CDBG) funds
is a significant resource benefitting community facilities and Iow income areas of the City.
Policy Maker and Facilitator: The City also plays an important role in setting policies and
establishing partnerships with regional and local institutions such as the school district, King
County, the public health department, the business community, church and civic organizations,
creating an infrastructure that supports its citizenry with opportunities for participation in economic
and community life.
City Council Goals and Priorities
The City Council has established four major goals as directives for the 1996 Human Services Plan.
These goals will guide strategies and funding recommendations, and establish the focus areas for
review of human services needs in this plan. They are, in order of priority:
1. Support basic human needs through funding of emergency services.
2. Support a strong service delivery system that increases public safety.
3. Provide support that supplements federal, state and county programs designed to increase
self-sufficiency and independence.
4. Support service models that improve community-based collaborations and build strong
neighborhoods.
The City of Federal Way's revised 1998 Comprehensive Plan establishes policy directives that impact
human services. These relevant policies will also be noted in this plan where appropriate, to assist in
successful impact and mutually supportive implementation of related City goals.
I-2
City of Federal Way Human Services Comprehensive Plan
Scope of the Human Services Plan
1. Targeted goals to maximize benefit of limited City dollars
In this plan, the City will establish clear priorities as well as specific goals or outcomes desired. For
example, in addition to prioritizing a category of services, the City may specify target populations or
specific models of service delivery that are deemed most appropriate for City support, or represent a
gap in service that fits City goals. These targeted goals will:
· Delineate clear funding guidelines for community based agencies that request City funding.
· Enable City funding to have greater impact in establishment of specific program models that fit
local community needs.
· Ensure that City resources fill specific identified gaps.
· Establish a foundation for evaluation of the effectiveness of City funded services to meet City
Council goals.
Integrated policies that result in support of City goals by relevant City departments and
major City partners
This plan will begin a process of integrating additional relevant City responsibilities that affect human
services issues, as well as human services endeavors that impact other City roles. Identification of
mutually supported policies among City departments will increase the success overall of the City's
leadership. These elements can outline further collaborative negotiations among City departments
and initiatives in the coming years. These collaborative policies could include:
· Human services designed to support success of community policing.
· Parks and recreation programs that effectively utilize and support human services goals in their
programming.
· Human services models that strengthen neighborhood identity and community leadership.
· Economic development activities that are inclusive of lower income residents and their children.
· Effective domestic violence prosecution that supports the safety of victims and increases
accountability of perpetrators.
· Affordable housing policies that increase stability of neighborhoods and retain community
character while increasing stock of housing affordable to lower income residents.
Multiple effect strategies that integrate various elements of effective intervention into a
whole cloth to achieve positive results.
The issues of concern addressed in this plan are complex. Many factors influence the ability of Iow
income persons to improve their standard of living and overcome problems that impede their success
and that of their children. The greater the extent of collaborative actions among these many factors,
the greater the potential for positive impact. This plan will begin a process of improving linkages and
strengthening community based support systems.
· Design strategies that affect multiple problems and/or their causes simultaneously.
· Specific strategies that utilize local community strengths and support long term stability.
· Begin negotiations with providers and community groups to establish outcomes for services and
methods of evaluation.
I-3
75'
City of Federal Way Human Services Comprehensive Plan
About the Data
Many sources were used to complete this report: census data, recent reports and studies, interviews
with service providers, newspaper articles, and Public Hearing testimony to the Human Services
Commission. The Plan quantifies human service information using the most accurate and current
information available. When available, Federal Way specific data was used. In some instances, data
was available by specific service areas. For example, this report documents information from the
Federal Way School District. Even though the Federal Way School District includes parts of
unincorporated King County and other South County cities, it is the most recent data available and is
considered to be relevant to the needs of children and youth in our community. A list of references is
included in the appendix section of the report and original sources should be consulted if clarification
of information is desired.
Plan Organization
In addition to Section I, Overview, this plan has three main sections:
II. Community Profile: This section examines human service needs in Federal Way, focusing
on factors related to City Council priorities.
III. Human Services Delivery System: This section provides an overview of human services
available to address the needs described in the Community Profile section. A brief summary of types
of services available and relevant trends will be highlighted. Finally, selected research data and
strategy considerations that relate to the priority goals established by the City Council will be
summarized, leading to the strategies adopted in this document.
IV. Strategies: This section outlines funding and policy recommendations adopted by the City
Council to promote its goals in the human services delivery system. Identification of specific
strategies and desired outcomes is a key step to improvement of the City's role as an effective
partner in human services.
K:Commonhs:planoverview
I-4
SECTION
COMMUNITY
CITY OF FEDERAL WAY HUMAN SERVICES COMPREHENSIVE PLAN PROFILE
UPDATED NOVEMBER, 1999
City of Federal }Fay Human Services Comprehensive Plan
COMMUNITY PROFILE
In 1996, the Federal Way City Council established four goals for its human services
programs. They are, in order of priority:
1. Support basic human needs through funding of emergency services.
2. Support a strong service delivery system that increases public safety.
3. Provide support that supplements federal, state and county programs designed
to increase self-sufficiency and independence.
4. Support service models that improve community based collaborations and build
strong neighborhoods.
This 1999 update to the Federal Way Human Services Comprehensive Plan examines
data that bears on each of these goals. Does what is known about the community
support these goals as continuing priorities? Are there new issues on the hodzon?
Notes on Data in This Report
In order to provide data on which Federal Way citizens and elected officials can rely in
making choices about support of human services, data were reviewed that shed light on
the Federal Way City Council's four Human Services Goals.
Data are drawn from a wide variety of sources, accumulated and analyzed for specific
purposes. Often, these purposes have to do with seeking accountability for funding, or
reporting the results of government or private non-profit initiatives to community
members. As a result, the level at which data are collected and analyzed varies
substantially.
For example, very good local data are available about the demographics of school-aged
children, because school districts collect and analyze these data, and because they
have the authority to require participation in data collection from families in the school
system.
In contrast, the Seattle-King County Department of Public Health is responsible for a
range of public health concerns. The Health Department analyzes some data on a
countywide basis, and others on a health planning district level. Health planning districts
are areas that are usually larger than a single city but smaller than a county.
Some data are collected primarily at the state or federal level. For example, data on
veterans' needs are primarily national, although there are some localized County studies
of the needs of homeless veterans. Basic data on child abuse and neglect are available
for the area covered by a single DSHS office (in this case, South King County), but trend
data on child abuse and neglect are primarily available at the state level.
Finally, some data offer a better picture of service system capacity than of a particular
social problem. For example, data on homelessness are limited to counts of shelter
residents and a one-time annual street census of homeless persons outside shelters.
People who double up with friends temporarily, camp, or sleep in their cars are very
poorly reflected in these data.
In crafting this report, an attempt has been made to use data that are reliable, as local as
possible, and that allow for some comparison to other areas - other cities, the county or
the state. Still, data are limited by all of the considerations discussed above.
II -1
City of Federal Way Human Services Comprehensive Plan
In order to answer questions about priorities for human services, it is important to first
have a clear picture of Federal Way as a community.
FEDERAL WAY POPULATION
The population in Federal Way has grown rapidly in the last 30 years, more than tripling
during the 1960s from 14,200 to 46,600.~ By 1990 the population was 67,449.2 The City
continues to grow rapidly--by 1999 the population was estimated at 76,910, an increase
of 9,461 people, or 14 percent.3 Federal Way is currently 3rd in size among cities in King
County behind Seattle and Bellevue.
Growth has not been uniform throughout King County. The largest increases were
experienced in South and East King County. East King County grew by 57 percent
between 1980 and 1998. South King County grew by 55 percent. Growth in Seattle was
small in comparison. Land suitable for new building, at prices that are affordable to
much of the population, is at a premium in Seattle putting considerable pressure for new
development in the surrounding King County.
Percent Population Increase in King County by Region
Region 1980-90 1990-98 1980-98
North 14% 7% 22%
East 37% 15% 57%
South 29% 20% 55%
Seattle 5% 5% 9%
King 19% 12% 34%
Source: OFM and census data presented in United Way of King
County, Health and Human Services Community Assessment, King
County and Planning Areas, draft June 1999.
Seattle still has about one-third of the population, but that has remained fairly constant.
South King County now has 37 percent of the total County population (as of 1998). As
this shift in population continues, so does incorporation of new cities and annexation of
land into existing cities.4
This rapid and disproportionate growth in South King County presents new challenges
for delivery of human services in the region. The impact on services is in part the result
of an increasing number of residents, many of whom are lower income households
attracted by more affordable housing. For some services that are delivered regionally -
for example alcohol and drug detox and social security application and support - access
to services can be hampered by transportation barriers.
~ City of Federal Way, Community Profile, February 1993.
20FM, Forecasting Division, Population Estimates, October 1998.
30FM, Forecasting Division, April 1 Population of Cities, Towns and Counties.
n King County Consortium, Consofidated Housing and Community Development Plan for 2000-2003, draft
July 1999.
II -2
City of Federal Way Human Services Comprehensive Plan
King County Population by Region
1,800,000
1,600,000
1,400,000
1,200,000
1,000,000
800,000
600,000
400,000
200,000
0
1980
Southi
1990 1998
Source: OFM and census data presented in United Way of King County, Health and Human Services
Community Assessment, King County and Planning Areas, draft June 1999.
Age
The population should continue to increase as the diversity of jobs and strong economy
attract people to the region. Throughout the nation, some changes in the age
distribution are anticipated, most the result of the "baby boom", their children and their
grandchildren. Rapid growth of people 65 and older is expected especially after 2005 as
"boomers" age.s
The number of young adults aged 18 to 24 should grow steadily through the year 2015.
The number of school-age children, 5 to 17 years old, has increased strongly since 1986
and should continue until 2000, level off, and then resume growing beginning about
2015.
Compared to King County, Federal Way had a larger percentage of children under 17
years old in 1990---27 percent compared to 23 percent in the County. In the County, this
percentage grew between 1990 and 1998. Although specific forecasts are not available,
it is expected that Federal Way will continue to have a greater concentration of children
and youth under 17 than King County overall.
At the other end of the age spectrum, only 6 percent of the population was 65 or older in
1990 compared to 11 percent for the same period in King County. However, it is
expected that the number of elderly will increase in Federal Way for three reasons:
· Natural aging of the population - the latest population estimates prepared by the
Seattle-King County Department of Public Health indicate that the proportion of
elderly residents is rising in Federal Way
· Senior,.s are tending to relocate to find affordable housing; and
50FM, Forecasting Division, 1997-99 Biennium Forecast Summarfes, December 1996.
II -3
City of Federal Way Human Services Comprehensive Plan
A significant number (1,317) of senior housing units - both subsidized and market
rate - are in the planning, permitting or construction phases in Federal Way.
The population over the age of 75, potentially frail and in greater need of services, is
lower outside of Seattle - although the percentage is increasing throughout the County.
The number of people over 75 grew most in South and East King County, by 52 percent
and 55 percent respectively between 1990 and 1999. This is quite a bit higher than the
rate of growth in Seattle, where the over-75 population grew 20 percent over the same
period.
Race and Ethnicity
King County is becoming more diverse. In 1990 the population was 83 percent
Caucasian. This fell in 1998 to 79 percent, and is expected to fall further to 76 percent
by 2003.
United Way compared regions of the County. Data for the South Region is shown
below. These figures mirror those of the whole County except that the percentage of
Caucasians is higher in South Region and those of most other groups are lower.
South Region Race and Ethnicity, 1990 -2003
African Native Asian Am/ Other, non
Year Caucasian American American Pacific Isl. Hispanic Hispanic
1990 86.6% 3.7% 1.2% 5.4% 0.1% 3.0%
1998 82.4% 4.6% 1.2% 7.4% 0.1% 4.4%
2003 79.8% 5.1% 1.1% 8.5% 0.1% 5.3%
Source: Claritas Inc. Trendline Data provided in United Way of King County, Health and Human Services
Community Assessment, King County and Planning Areas, draft June 1999.
For the most part, Federal Way was similar to the whole South King County region. The
exception is the slightly higher Asian/Pacific Islander statistic. Seven percent of the
population in Federal Way in 1990 was Asian/Pacific Islander compared to 5 percent in
the South Region. Federal Way has a significant resident and business population of
Korean-American citizens and immigrants. Seattle had the greatest degree of diversity in
1990---11 percent of the population in 1990 identified themselves as Asian/Pacific
Islander.
Refugees and Immigrants
Kent and Federal Way are very fast-growing areas for refugees and immigrants due to
availability of affordable housing. The central district of Seattle, formerly a primary
destination, is being replaced by Kent and Federal Way.6 There are no data showing the
numbers of refugees and immigrants coming to King County or regions within the
County. The only way to keep track is to identify clients receiving assistance through
publicly-funded programs. Even then, it is only possible to track clients, not numbers of
persons.
Conversation with DSHS in King County.
11-4
City of Federal Way Human Services Comprehensive Plan
This substantially underestimates the number of immigrants and refugees living in an
area. Public assistance is available for only a limited period. Many families continue to
need services, including English as a Second Language (ESL) and job training, beyond
the limited support offered. Other families are reluctant to apply for services, feadng that
it will have a negative impact on decisions of the Immigration and Naturalization service
about their visa or residence permits.
It is difficult to detect continued need for service. In Federal Way, the South King County
Multi-Service Center reports that in their literacy program, over 50 percent (108 of 202)
of participants have limited English speaking capacity. Service providers report a high
level of need for translation services - in particular for Korean, Punjabi, Russian and
Ukrainian and Spanish language translators.
In addition, providers report a need for ESL services that are integrated with job training
or job sites. Because income assistance for refugees is short-term, strategies to provide
ESL classes must take into account that most will be working and will need immediate
English skills related to employment.
Between 1980 and 1998 there were 57,285 new ardvals of immigrants and refugees in
King County that were tracked through the DSHS data system. These refer to cases, or
persons being servedmnot individuals arriving. In a family of 4, for example, only the
adult receiving income assistance may be counted. Understanding this limitation, in
1990, there were 3,005 arrivals; in 1995, there were 3,673 arrivals, and in 1998, there
were 2,509 arrivals.
During federal fiscal year (FY) 1998, half of the new arrivals tracked by DSHS were from
Russia or former Soviet Union countries. A substantial portion were from Eastern
Europe--probably close to 30 percent because most of those listed as "unknown" were
from Eastern Europe (they were mistakenly recorded as being German). However,
service providers report increasing numbers of East African immigrants in the Federal
Way area, representing diverse language groups.
Refugee Arrivals in King County and Washington State*
Federal FY 1998
State King County
Region of Origin Number Percent Number Percent Predominant Country
USSPJSoviet Union 4,333 63% 1,243 50% Ukraine (55%)
Eastern Europe 711 10% 229 9% Bosnia (90%)
Asia 465 7% 280 11% Vietnam (81%)
Near East 71 1% 49 2% Iraq (76%)
Latin America 31 <1% 20 1% Guadeloupe (65%)
Africa 159 2% 127 5% Somalia (70%)
Unknown** 1,091 16% 561 22%
Total 6,861 2,509
* These are persons receiving services only. Family members are not tracked unless they receive services
individually, such as ESL.
** Most of these people are from Eastern Europe. They were mistakenly recorded as German, because the
country prior to the United States was Germany, which was a point of emigration only.
Source: Washington DSHS, WorkFirst Division, Program Operations.
II -5
City of Federal Way Human Services Comprehensive Plan
Most immigrants and refugees served in King County are listed with the Rainier
Community Service Office (CSO). In August 1999, there were 2,086 receiving service at
the Rainier CSO, 1,683 at King South (Kent), 1,287 at Burien, and 681 at the Federal
Way Community Service Office.
As of September 10, 1999, there were a total of 699 immigrant and refugee clients
receiving services at the Federal Way CSO. Sixty-five percent were from the Ukraine.
Altogether 90 percent were from Russia or former Soviet countries.7
One indicator of the presence of immigrant and refugees is service level data from
agencies providing human services. For 1999, the Community Health Center of King
County reports that the primary language of 10 percent of patients is Russian, of 21
percent is Spanish, of 6 percent is Korean, and that another 9 percent speak a variety of
languages other than English. They anticipate that these percentages will rise, as they
have recently added outreach workers to reach Spanish and Russian/Ukrainian women '
for breast and cervical cancer screening. When a Korean-speaking outreach worker was
hired in late summer 1999, they have seen sharp increases in the number of Korean
patients served at the clinic.
Federal Way Youth and Family Services, which offers parenting classes, mental health
counseling, family case management, anger management, and drug and alcohol
prevention services is projecting that between 1997 and 1999, their services will
increase by 59 percent - from 280 to 446 clients served. They note that in these
services, they are increasingly providing Spanish and Russian/Ukrainian language
services to meet community needs.
Another way to assess the potential needs of refugees and immigrants is by services to
students with primary language other than English. These services may be focused on
helping students to learn English, which is most common, or may provide more
extensive help with general instruction.
According to a report of transition bilingual instruction provided in the State during the
period 1985 to 1996, Federal Way was 9th in numbers served, out of 176 districts
reporting in the State, and behind Seattle, Bellevue and Kent in King County.8 Statewide,
there has been a substantial increase in the number of students, from 13,939 in 1985 to
50,737 in 1996--a 264 percent increase.
Statewide, 5.3 percent of students are enrolled in transitional bilingual instruction.
In 1996, Federal Way had 249 students in the program speaking 37 different languages.
Most frequently spoken languages were Russian (22 percent), Korean (21 percent),
Spanish (18 percent), Ukrainian (16 percent), and Vietnamese (6 percent). The other 32
languages comprise the remaining 17 percent. Twenty-four of these 32 languages were
spoken by fewer than 10 students in the Federal Way school district, which speaks to
isolation of both students and their families. At the end of the 1996/1997 school year,
there were 1,407 students in the Federal Way School District who did not speak
English.e
7 Report of caseloads received from DSHS for September 10, 1999.
8 Office of the Superintendent of Public Instruction, Transitional Bilingual Instruction Program: Washington
State Transition Bilingual Instruction Program End-of- Year Evaluation report, 1995-1996 Program Year and
1985-1996 Program Trends, 1997.
9 Phone conversation with the Office of the Superintendent of Public Instruction, Bilingual Education.
II -6
City of Federal }Fay Human Services Comprehensive Plan
The discussion of Federal Way's population highlighted several groups of particular
focus for emergency services. Most of those served by emergency services live in
poverty. They include families under stress, frail elders, and refugees and immigrants.
To these must be added victims of crime - in particular victims of domestic violence,
who often experience abrupt disruption of their income and housing as they flee danger
in the home.
Economy and Jobs
The economy in Federal Way has not had the strong manufacturing base offered by
employers such as Boeing in other communities in King County. Instead, about two-
thirds of the jobs are from retail trades (34 percent) and service industries (32 percent).~°
The number of jobs increased just 5 percent between 1994 and 1997.11 In 1998 the total
number of jobs had increased by an impressive 13 percent over the previous year to
27,792 positions.~2 The percentage of service and retail remained about the same
relative to the total number of jobs.
Major employers and number of positions in 199713 were: Weyerhaeuser Co. (3,500),
Federal Way School District (2,250), U.S. Postal Service (635), St. Francis Hospital
(569), World Vision (500), Safeway Stores (313), Costco Wholesale (308), Fred Meyer
(260), and Sears, Roebuck & Co. (250). Other major employers and businesses include
Olympic Sports, Paragon Trade Brands, and Reliance Insurance.la
Continued economic development and increase in jobs are anticipated in the future.
While these positions will remain in the service and retail sectors, wages in the new
positions are expected be at the high end of the pay scale because of greater skill
requirements. New companies are choosing to locate in Federal Way. For example, in
early 1999, Capitol One located their West Coast headquarters in Federal Way. They
project an eventual 500 jobs in the city.
Income
Overall Federal Way is relatively affluent compared to its neighbors. The median
household income in 1989 of $38,311 was nearly 20 percent higher than other
Southwest King County communities - and was exceeded only in Normandy Park.15 For
comparison, the median household income in King County as a whole in 1989 was
$36,179. The income in other South King County communities ranged from $30,007 in
Auburn to $36,763 in Burien.
Median income gives an idea of relative prosperity in a community. Half of the
households in Federal Way earned $38,311 or more annually in 1989. By 1994 that had
lo City of Federal Way, Community Profile, February 1993.
~ King County Office of Budget and Strategic Planning, 1998 King County Annual Growth Report.
12 King County Office of Budget and Strategic Planning, 1999 King County Annual Growth Report.
43 South County Life 1998, "Cities: Federal Way", p87.
14 King County Office of Budget and Strategic Planning, 1998 King County Annual Growth Report.
15 City of Federal Way, Community Profile, February 1993.
II -7
City of Federal ~Fay Human Services Comprehensive Plan
risen considerably, so that half of the households earned at least $53,00016. Distribution
of household income, however, is not even.
Percent of Federal Way Households by Income Bracket
1996 Preliminary Estimates
35%
30%
25%
20%
15%
10%
5%
0%
29%
15%
14%
6%
4% 4%
<$25,000 $25,000- $50,000- $75,000- $100,000- $125,000- >$150,000
$50,000 $75,000 $100,000 $125,000 $150,000
Source: Puget Sound Regional Council 1996 preliminary household income estimates.
Note: These data should be considered with caution because they are derived from census
tract calculations. All of census tract 300.01 was included even though only a portion of the
tract lies in Federal Way.
Households with earnings at the lower end of the distribution may have considerable
difficulty meeting daily needs. Based on estimates prepared by the Puget Sound
Regional Council, almost 4,000 Federal Way households earn less than $10,000
annually, and another 5,500 households earn between $10,000 and $20,000 a year.
While the median household income is high compared to most South King County
communities, there is a substantial portion of the population below poverty in Federal
Way.
Low-Income Households
Several different measures are used to describe actual income of Iow-income
households. The US Census Bureau uses the poverty threshold definition. This is a
measure that is adjusted annually to reflect the effect of changes in the Consumer Price
Index on a base measure of poverty originally established in the early 1960s, which
reflects cost of a very basic style of living depending on family size, composition and
rural or urban residence.
As of the 1990 census, 5.9 percent of Federal Way households lived below povertyff
This included 8.0 percent of youth under 18 and 4.5 percent of people over 65. This was
somewhat lower than King County--8.0 percent of the total population lived below
poverty.
46 King County Office of Budget and Strategic Planning, 1999 King County Annual Growth Report.
17 ibid.
II -8
City of Federal }Fay Human Services Comprehensive Plan
Much of planning, particularly around housing affordability however, focuses on
household income and compares that to median income for the region - rather than to
the poverty line used by the Census bureau. HUD established ranges of income for
prioritizing needs in the community. Examples of these incomes include:
Annual Household Income Classifications by Household Size
King County 1999
Income Group
Size of Household
I person 3 people $ people 7 people
Very Iow (0 to 30% of median)
Low (30%-50%)
Moderate (50%-80%)
Middle (80%-120%)
$13,150 $16,900 $20,300 $23,300
$21,900 $28,150 $33,800 $38,800
$33,450 $43,000 $51,600 $59,250
$43,800 $56,300 $67,600 $77,600
Source: HUD guidelines for 1999
Outside of Seattle, South King County contains the highest percentage of households
earning below 30 percent of median--almost 7 percent in 1998 compared to 11 percent
in Seattle.ia The percentage is expected to increase to 8 percent of households in South
King County by 2003.
Almost 16 percent of households in South King County earned below 50 percent of
median in 1998, with Seattle again leading at 22 percent. By 2003, almost 18 percent of
households in South King County will earn incomes below 50 percent of median,
according to these same estimates.
Current Benefits Recipients
A 1994 report by the Department of Social and Health (DSHS) services identified
Federal Way as 11th out of 23 cities in King County in use of the Department's services,
with 17 percent of the population using at least one DSHS service.. This is a snapshot
of individual clients (recipients) in fiscal year 1994 (July 1993 through June 1994) over
the total estimated population in 1994.
In King County, Auburn was highest with 28 percent of the population using DSHS
services and Mercer Island was lowest with just under 3 percent of the population using
these services. Federal Way ranked 6th in the state for the number of Residential
Habilitation Centers (Division of Developmental Disabilities). Federal Way also ranked
higher in its overall average in Refugee Grants (16th), Refugee Self-sufficiency Services
rd 19
(20th) and Refugee Unaccompanied Minors-Foster Care (3).
Current data on benefit levels and number of recipients are reported on a monthly basis.
The chart on the following page displays that information for May 1999 for CSO 45,
which serves Federal Way.
~8 Claritas Inc. Trendline data presented in United Way of King County, Health and Human Services
Community Assessment, King County and Planning Areas, draft June 1999.
19 Washington State Department of Social and Health Services, Budget Division, Office of Research and
Data Analysis, DSHS City Data Report, Fiscal Year 1994: Guide to Client Services and Expenditures.
II -9
City of Federal }Fay Human Services Comprehensive Plan
Number of Cases and Amount per Case
DSHS-Provided Benefits, May 1999
Program
Average federal Supplemental Security Income
(SSI), aged
State SSI supplement, aged
Average federal SSI, blind
State SSI supplement, blind
Average federal SSI, disabled
State SSI supplement, disabled
Temporary Assistance for Needy Families (TANF)*
(980 adults; 1,955 kids)
Consolidated Emergency Assistance
Diversion Care Assistance
General Assistance-Unemployed (GA-U)
General Assistance to Pregnant Women (GS-P)
Alcoholism & Drug Addiction Treatment & Support
Act (ADATSA)**
Refugee Assistance
Division of Income Assistance Child Care
Number
of Cases
764
933
Average Amount
per Case
$408.75
$40.09
$352.32
$40.28
$298.22
$32.41
$308.83
4 $136.57
6 $393.18
136 $3O8.82
13 $342.17
7 $35.88
28 $285.03
1,129 kids $322/kid
* Includes General Assistance for pregnant women as of 5/1/99.
** Beginning 7/97, the ADATSA grant amount does not include living stipend which is paid by county from
state block grant. The maximum amount is $339 per month.
Source: Washington State Department of Social and Health Services, Research and Data Analysis,
Income Assistance, Social Services, and Medical Assistance, May 1999.
LOoking just at TANF recipients in Federal Way in May 1999 (CSO 45), there were 933
cases, which actually covered 2863 recipients, including 908 adults and 1,955 children.
This was a 5 percent reduction from levels in February of 1999.
Making Ends Meet
Virtually all providers of emergency supports and basic needs in Federal Way report
increased pressure on their services due to a combination of Iow wages for unskilled or
semi-skilled work and the effects of welfare reform in moving recipients into "first
available" jobs. Not only are the number of persons seeking help growing, the frequency
of their visits and the need at each individual visit is increasing.
· The South King County Multi-Service Center reports that in 1999, they will provide
13,184 food bank visits - up nearly 6 percent from 1997 level of 12,454 visits.
· The Salvation Army Emergency Voucher program served 250 families in 1998,
compared to 164 in 1997 - an increase of 52 percent.
· The South King County Multi-Service Center shelter program served 396 families in
1998, an increase of 17 percent over the 338 families they served in 1997.
Health Care
For many Iow-income families, health care is delayed to the point of crisis due to cost.
The Seattle-King County Department of Public Health found in 1998 that while about 10
,1>7
CiO~ of Federal Way Human Services Comprehensive Plan
percent of all County residents lacked health insurance, nearly 25 percent of those with
the lowest income lacked coverage.
This situation is also reflected in data of the Community Health Center of King County
(CHCKC). In 1998, CHCKC provided medical care to a total of 2,011 Federal Way
residents, and dental care to 1,084 Federal Way residents. For both medical and dental
consumers, about 2/3 had incomes below the federal poverty line - and the balance on
the whole were classified as very Iow income. Among those receiving medical care, 37
percent - or 754 - lacked any health coverage. Among dental care users, 43 percent
lacked any coverage.
CHCKC staff note that among dental care users, there is a large demand for dental care
for uninsured adults, especially those needing care for conditions that can be associated
with delayed care - root canals and gum disease.
Elderly and Poverty
Another area which deserves careful attention is the possibility of growing need among
the elderly. According to data from the Labor Department and others, 6 in 10 workers in
the private sector nationwide have no pension upon retirement. Social Security covers
only about two-thirds of the needs of the middle class elderly. People are living longer--
a white male can expect to live to age 84. One out of 6 elderly fall below poverty level of
$7,300 annual income.
More elderly people are going back to work, usually in Iow-wage jobs, especially where
unemployment rates are Iow and younger people are passing up the jobs. In 1985, 10.4
percent of people 65 and older had jobs, which was a change from a steady decline in
earlier years. By January 1997, 12.3 percent of people over 65 had jobs.2°
Secondary Impacts of Poverty
Providers note a number of secondary impacts of poverty. These are the ways in which
poverty limits access to basic community services for poor families and individuals.
Primary impacts are: lack of access to transportation, increased time required to obtain
services that are spread out through the community, and lack of positive youth
development and recreation services for children of Iow-income families.
Special Needs of Refugee and Immigrant Residents
The impact of language and cultural differences for immigrants and refugees, even those
who may have been in the country for a number of years, is of significant concern for
providers working with these populations.
The need for English as a Second Language (ESL) training is great, and providers are
exploring alternative methods for delivering this training - including partnerships with
business in which classes are provided at job sites, allowing employees to build skills
which are valuable to their employers. The need for ESL services integrated with social
settings and providing socialization opportunities for elderly persons and for women who
20 Daily Journal of Commerce, 4/1/97, "Old and on the job: Growing numbers of elderly find they must
abandon retirement for more years of work".
City of Federal Way Human Services Cort~prehensive Plan
do not work outside the home was specifically noted by Ukrainian immigrants who
participated in a focus group exploring their human services needs.
A number of the recent immigrant and refugee groups - including those from Afdca, the
MiddleEast and Asia - have cultural expectations of living in extended family groups.
The structure of the housing market in Federal Way (as in other communities), which
has predominantly provided single family homes, often makes finding housing difficult for
these extended families. Finding housing becomes a significant concern, and the effect
of splitting family units into different housing units can be detrimental.
Finally, services that support refugee and immigrant families through the acculturation
process are important. They should provide opportunities for reinforcing cultural
traditions with youth to reduce inter-generational conflict and family distress related to
the immigration and acculturation process.
Household Composition
Analysis of types and numbers of households gives an idea of potential demands for
services, including housing requirements, that may differ by household size, composition
and income. According to the 1990 census, there were 25,758 households living in
Federal Way.
In addition to households, some of which consisted of just one person, there were 461
people living in group quarters, including nursing homes. Almost three-quarters (382) of
the people living in group quarters were people 65 and older living in nursing homes.
The average household size in Federal Way in 1990 was 2.6, which was high compared
to King County and the State during the same period. The decreasing size of
households is consistent with national trends. Among contributing factors during recent
decades are smaller families and more divorces and separations than in decades past.
In 1990 in Federal Way, there were 1,699 single women and 791 single male
householders with children. Single-parent households may have reduced incomes and
increased reliance on community services. Regardless of the income range, access to
child care and activities for children present an increased challenge for single parents.
Average Household Size
Location 1980 1990
Federal Way 2.6
King County 2.5 2.4
Washington State 2.6 2.5
Sources: City of Federal Way, Community Profile, February
1993 and OFM, Forecasting Division, Population Estimates,
October 1998.
Of the people 65 and older in Federal Way in 1990, 24 percent were living alone. Sixty-
five percent were householders living with a spouse or other family members. Delivery
of services to the elderly is an important component of human services, especially to frail
elderly who need assistance with meals, transportation to appointments, planned
City of Federal ~/ay Human Services Comprehensive Plan
activities to break isolation, and help with housing maintenance to enable them to live in
the community as long as they are able.
Implications for Federal Way Human Services
Both in this section and in the report of Federal Way's population demographics, it is
clear that several forces are creating increased pressure on local providers of
emergency support and basic needs services.
The population is growing in absolute numbers. However funding from federal, state
and local sources, as well as private philanthropy, has not increased in line with that
population growth.
There is growth in the population of dependent children and frail elders. The needs of
both these populations are exacerbated by increased dissolution of families and
economic pressures on adults to work outside the home.
· Increased diversity in the population is requiring service providers to deliver services
that are culturally and linguistically accessible. This increases demands on providers
for translation services. In order to provide services that are culturally appropriate - a
more complex task than simply translating - agencies must sometimes offer multiple
programs targeted to different ethnic or cultural groups. In turn this increases costs.
,, Rapid changes in the economy are leaving some behind. People with limited
education and literacy, or few job skills, face increased hurdles as they try to
participate in a highly technical economy. As a result, they live closer and closer to
the economic edge. Even small set-backs can precipitate real family crisis.
In light of these trends, providers of emergency assistance and basic needs - and the
City as one of their funders - can expect continued and increased demand for services.
It will be increasingly important to link emergency assistance with case management or
family support programs, in order to provide clients with a pathway out of poverty and
into stability.
City of Federal Way Human Services Comprehensive Plan
In articulating its vision for a safe Federal Way community, the City Council recognized
that building this safety would involve programs at both ends of a continuum. Creating
safety means both preventing violence and delinquency before it starts, and responding
to those who have been victimized and traumatized to help them set their lives back in
order.
EDUCATION
In Washington State, 16 percent of adults 25 and older did not have a high school
diploma or GED certificate in 1990. More adults in King County had graduated or had a
GED at the same period--only 12 percent did not.2~ In Federal Way, the percentage
was lower still. Only 11 percent of adults 25 and older did not have a high school
diploma or a GED.
Sixty-five percent of adults over 25 in Federal Way had some college at the time of the
1990 census. Twenty percent had a bachelor's degree and another 7 percent had a
graduate or professional degree.
Despite these relatively high levels of education in King County and in Federal Way
locally, some residents lack the educational background to live effectively in increasingly
complex communities. The South King County Multi-Service Center reports that in their
literacy program an increasing number of those referred to their General Educational
Development (GED) program have reading levels too Iow (below 6th grade level) to enter
directly into their program. A number of service providers noted during a focus group
that services to assess adults for learning disabilities and provide appropriate treatment
and learning opportunities are limited. This reduces the ability of these adults to
overcome their educational deficits.
More current graduation rates are available from the Office of Superintendent of Public
Instruction. For the school year 1996-1997, the graduation rate in the State was 83.14
percent and that for dropouts was 4.16 percent. King County had both a lower
graduation rate (78.80 percent) and a lower drop out rate (3.39 percent). Federal Way
mirrored the State with 83.05 percent of students graduating during the 1996-1997
school year and 4.37 percent of the students dropping out.22
Overall, schools in the Federal Way School District saw 3 percent more students in 1998
than in 1996. Elementary school enrollment rose 4 percent between 1996 and 1998;
junior high and high school enrollment each rose 2 percent over the same three year
period.
There were 842 students enrolled in English-as-a-Second-Language programs (ESL).
The highest percentage (9 percent) was in elementary schools. Junior high schools and
high schools averaged 4 percent ESL enrollment. Presumably more youngsters in early
2~ DSHS, Division of Alcohol and Substance Abuse, Research and Data Analysis, Profile on Risk and
Protection for Substance Abuse Prevention Planning in Washington State, May 1997.
22 Office of Superintendent of Public Instruction, "School Year 1996-1997, Dropout Rates and Graduation
Statistics"
City of Federal t~/ay Human Services Comprehensive Plan
grades need assistance with English, especially if a language other than English is
spoken in the homes. It is also possible, however, that students in later grades who
have not mastered English enough to be comfortable in a classroom drop out of school
at an earlier age.
A high percentage of students in several elementary students were eligible to receive
free and reduced priced lunches. Two-thirds of students at Olympic View, 63 percent at
both Mark Twain and Wildwood, and 47 percent of students at Lake Grove were eligible
for free and reduced priced lunches. Rates of participation in the free and reduced-cost
lunch programs drop in secondary schools. This is consistent with patterns statewide. It
may reflect higher drop-out rates among students with very Iow incomes. It may also
reflect teen-agers' reluctance to be identified as Iow income by participating in the
program.
A number of programs are offered in the Federal Way School District to support students
who experience challenges to learning. Tutoring and after-school homework centers,
before and after-school child care services, peer leadership and youth violence and
substance abuse prevention programs, and mentoring programs are all in place through
the District's schools and their partnerships with community based agencies.
Federal Way School District discipline data are district-wide only, so discipline figures
include some schools in Kent and Auburn. During the 1997/1998 school year, there
were 955 students suspended (7 percent of the student body), 72 percent male and 28
percent female. During the same school year, there were 116 students expelled (less
than 1 percent of student body), 78 percent male and 22 percent female.
JUVENILE CRIME
Measures of juvenile delinquency are imperfect. By the time a child enters the juvenile
justice system, he or she has likely experienced a series of problems--perhaps drug and
alcohol abuse or school truancy. One measure is the number of juveniles at the point of
first or second arrest for misdemeanors who appear before the Diversion Committee in
each region.
The Diversion committee in Federal Way was established in 1974. In 1998, 243 cases
were referred to the Conference Committee in Federal Way. Approximately 2/3 of the
referrals involved young men, and nearly a quarter involved youth under the age of 14.
This makeup is consistent with state and national data on youth delinquency - especially
the inclusion of a significant number of youth under the age of 14. While overall
delinquency rates are falling, violent crime arrest rates of youth increased much more
sharply than arrest of adults for the same offenses during the decade between 1983 and
199423.
Seventy-one percent of the cases involved theft or possession of stolen property.
Thirteen percent involved assault or weapons. The balance involved primarily malicious
mischief and criminal trespass. Again, these data are consistent with state and national
trends in juvenile delinquency.
23 Trends in At-Risk Behaviors of Youth In Washington, Washington State Institute for Public Policy,
January, 1996.
City of Federal Way Human Services Comprehensive Plan
ADULT CRIME IN FEDERAL WAY
Both violent and property crimes have been falling in recent years. So have reported
rates of victimization. Even though rates of victimization have been falling, rates are
higher than reported crimes.
The rate of reported part 1, or index, crimes in the population in Federal Way in 1997
was 69.8--that is, for every 1,000 people in the population, there were 69.8 part 1
crimes. This mirrored the rate in King County as a whole (67.6), but was higher than the
state (54.8). The rate has remained fairly level since 1992, with the exception of a slight
peak in 1995.24
In general, the index crime rate in South King County is quite a bit higher than in other
locations. Within South King County, however, Federal Way had an overall rate below
several reporting jurisdictions.
Of the total violent index crimes in the state, aggravated assault was by far the most
frequent, comprising 60 percent of the total. In 1997 in Federal Way, there were 323
violent part 1 crimes--128 aggravated assault (40 percent of the total), 154 robberies
(48 percent of the total), 39 forcible rapes, and 2 murders.
Simple assaults are not included in the crime index. These are attacks without weapon
and without serious bodily harm. (Aggravated assaults often involve a weapon and are
committed with the intent to inflict serious bodily harm.) Statewide, there were almost 3
times (2.8) as many simple assaults as other violent crimes. Mandatory arrests for
domestic violence accounts for a substantial portion of simple assaults.
The trend in most crimes in Washington is declining. Violent crimes are declining
nationally and in the state. Most property crimes are also declining or steady. However,
there were 62 percent more motor vehicle thefts reported in 1997 (31,563 stolen in the
state) than in 1988 (19,506 stolen), making motor vehicle theft the primary exception to
otherwise declining or steady rates.
Domestic Violence
In 1998, 908 incidents of domestic violence related incidents were reported to police in
Federal Way. Fifty-nine percent of these incidents involved simple misdemeanor assault.
Thirty percent of aggravated assaults reported in 1997 were related to domestic violence
in Federal Way. The relationship of both simple misdemeanor and aggravated assaults
to domestic violence in Federal Way is consistent with both county and state data.
Violence in the home is frequently not reported to the police. Another way to try to
capture the extent of violence is by looking at data compiled by community-based non-
profit agencies dealing with victims of violence. There, too, only a portion of victims seek
assistance.
A third of reported clients were from the south urban region and another 31 percent were
from Seattle. Federal Way accounted for 4 percent of the total clients included in this
24 Washington Association of Sheriffs and Police Chiefs, Uniform Crime Reporting Section, Crime in
Washington.
City of Federal Way Human Services Comprehensive Plan
report and 11 percent of the clients from South King County. A total of 73 clients were
served from Federal Way in 1998. In general, service statistics from domestic violence
shelters showed that the bulk of those served came from communities in which the
shelters were located. No domestic violence shelters are located in Federal Way.
Number of Domestic Violence-Related Offenses
Federal Way, 1997 and 1998
Type of Offense 1997 1998
Simple assault 687 532
Aggravated assault 39 47
Violation of orders 203 317
Other part 1 crimes 5 12
Total 934 908
Sources: Washington Association of Sheriffs and Police Chiefs,
Cdme in Washington and Federal Way Police Department.
A minority of clients reported having disabilities, including mental illness, chemical
dependency and physical disabilities. Approximately 10 percent needed language
interpreters. Accommodation of these needs in congregate living shelter facilities is
challenging, and as a result, women with special needs may face additional barriers
when they try to leave abusive relationships.
Virtually all women using shelter services had very limited incomes. Forty-six percent
had less than $500/month in income, seventy three percent had incomes below
$1,000/month, and a total of 87 percent had incomes below $1,500/month. At these
levels, managing to find housing and support themselves and their children, presents
real challenges. Two-thirds of women seeking shelter had minor children in their
custody.
Child Abuse
Among juvenile murder victims in the State, 55 percent of the 40 victims reported in
1997 were the result of child abuse. This statistic varies substantially year to year
because the numbers of murder victims are small. Looking at data over a longer period
of time, 143 of the 361 juvenile victims (or 40 percent) were victims of child abuse.25
Accepted Child Abuse and Neglect Referrals, Federal Way
Period Referrals
Jan -July 1999(6 months only) 338
Jan - Dec 1998 681
Jan - Dec 1997 861
Jan - Dec 1996 690
Jan - Dec 1995 719
Source: CPS, King South.
25 Washington Association of Sheriffs and Police Chiefs, Uniform Crime Reporting Section, C~rne in
Washington.
City of Federal Way Human Services Comprehensive Plan
The table above shows accepted referrals (not informational referrals) to the Child
Protective Service office in Federal Way. This includes some referrals from Kent and
Auburn because of overlapping boundaries, but the referrals are primarily Federal Way
residents. Separate data on neglect and abuse were not available, but neglect is often
present when there is abuse, according to CPS staff.
Sexual Assault
There were 177 victims of sexual assault in Federal Way in 1998. Cases of sexual
assault appear to have grown gradually over the past five years, however the numbers
involved are too small to allow trend conclusions. Over one-third (37 percent) of these
victims were children. Another 27 percent were teens.
Federal Way Clients of King County Sexual Assault Resource Center
Type of Assault and Age of Client by Year*
Year
Type of Assault 1994 1995 1996 1997 1998
Rape/attempted rape 36 36 45 46 42
Rape of child 12 33 25 33 38
Incest 18 11 12 16 17
Child molestation 26 28 31 46 27
Other/no data 38 57 45 55 53
Age of Clients
Children 50 75 65 73 65
Teens 19 22 21 40 47
Adults 61 63 71 74 60
Unknown 3 1 9 5
Total Number of Clients 130 163 158 196 177
*Totals for each year include new and continuing clients. As an example of the caseload, in 1998
about 20 percent of clients were existing and 80 percent were new.
Source: King County Sexual Assault Resource Center.
These cases involving children and youth are complex - they often involve a variety of
systems which have responsibility for the child victims: Child Protective Services, the
school system, family court. In addition, the issues raised by the assaults are complex -
dissolution of marriages, relationships with parents, impact of the assault on siblings.
The King County Sexual Assault Resource Center (KSCARC) reports that since the
Regional Justice Center has opened in Kent, they have experienced an increase in
demand for legal advocacy services to support victims of sexual assault. They report
that between 50 and 70 percent of sexual assaults in King County are charged in South
King County. As victims of these crimes have had easier access to services at the Kent
Regional Justice Center, they have demanded increased legal advocacy to pursue their
cases in court.
ALCOHOLAND OTHER DRUG ABUSE
Information on alcohol and other drug abuse is most readily available for Iow income
persons and to a lesser extent for youth because data is collected by King County for
those treated with public funds.
City of Federal Way Human Services Comprehensive Plan
An estimated 20 percent of men and 7 percent of women living at or below 200 percent
of poverty in King County were assessed in 1994 as needing treatment. Those between
the ages of 18 and 29 were most frequently assessed as needing treatment - 25 percent
of men and 11 percent of women in this age group needed treatment.
Need for treatment also varied by ethnicity. Nearly a third - 32 percent - of White men
under the age of 40 needed treatment, as did 28 percent of Amedcan Indian/Alaska
Native men. Rates for African Americans, Hispanics and Asians were considerably
lower.
However, only 21 percent of Iow income persons in need of treatment were able to obtain
it in the same year. The proportion of the population that can be served in public
treatment facilities in King County is lower than the proportion in 29 of the other 38
counties in the state.26
Even pregnant and parenting women - whose substance use can directly and
permanently affect their children's health and risk of chemical dependency - encounter
barriers to treatment. In 1995, only 40 percent of the number assessed as needing
treatment could be served in King County.
Of particular concern to providers of chemical dependency treatment services is the gap
in services for the working poor. Eligibility for publicly funded services is primarily based
on having a substance abuse problem that prevents participation in paid employment.
Private insurance that includes chemical dependency treatment coverage is available to
a minority of employees. For many persons in Iow wage positions, treatment costs
present an insurmountable barrier to overcoming their addiction.
Implications for Federal Way Human Services
While crime rates are falling both nationally and locally, some trends affecting public
safety are troubling.
· Despite declining rates in recent years, the level of juvenile crime is high when
compared with rates in the 1960s and 1970s.
· Despite years of publicity, outreach and community education, neither domestic
violence nor sexual assault incidence has shown depreciable decline.
· There is a growing body of evidence that youth who are exposed to violence, drug
and alcohol abuse, and in particular to family violence are at heightened risk for
involvement in violence.
Given these conditions, investment in strategies that prevent juvenile delinquency is
likely to be cost effective in the long run. However it is important to bear in mind that
there is no single "fix" for youth at-risk of harm and delinquency. For youth at Iow risk,
provision of basic youth development activities provides an effective antidote to the
likelihood of associating with peers who get into trouble. For youth at the far end of the
spectrum - those most troubled - intensive family therapy, life skills training, and
individualized mental health and substance abuse treatment may be required.
26 1998 Division of Alcohol and Substance Abuse Services Needs Assessment, King County Division of
Alcohol and Substance Abuse Services, December, 1998.
City of Federal Way Human Services Comprehensive Plan
In order to identify the optimal strategies for prevention of delinquency and early
substance abuse, collaboration between schools, community based agencies, police,
the courts and youth themselves is necessary. In one such partnership, in 1999 the City
of Federal Way has been working with police, the Federal Way School District and
community based agencies to develop the Safe Schools/Safe Communities Project,
which is seeking solutions to youth violence and ways to promote positive youth
development. This partnership can identify existing resources, gaps in service to youth
at risk, and the most promising approaches for the local community.
Response to victims of crime - especially domestic violence and sexual assault - will
also benefit from a continuum approach that encompasses community education,
prevention strategies, intervention to hold offenders accountable, and aftercare to
support victims in recovering from trauma.
City of Federal Way Human Services Comprehensive Plan
VVhen the Council set its third goal to "supplement federal, state and county programs
designed to increase self-sufficiency and independence", welfare reform was just coming
over the hodzon. At this juncture in 1999, a great deal more is known about the
challenges of encouraging self-sufficiency.
Welfare Reform
Due to welfare reform, there was a drop in total benefit recipients between April of 1996
and January of 1999. King County reduced AFDC/TANF recipients by 28 percent during
that period. The drop in recipients in South King County was not as dramatic--18
percent fewer clients, or 4,332 people eliminated from the caseload.27
TANF (Temporary Assistance for Needy Families) replaces AFDC (Aid to Families with
Dependent Children) and requires job search and employment for most. It also imposes
a lifetime maximum on receipt of welfare assistance. WorkFirst is the program
implemented in Washington requiring clients to work, if at all possible, with supplemental
job training available after employment. Exemptions for new mothers (up to 3 months)
and others with disabilities, including the need for drug or alcohol treatment, soften the
work requirement somewhat.2s
Food stamp reduction is also apparent in King County, according to the United Way
report. The number of recipients dropped by 11,029 in South King County, from 39,390
in February 1998 to 28,361 in February 1999 a reduction of 28 percent. In part, this is a
function of changes in eligibility.
Decreases in food stamp receipt, however, may also result from families who lose
eligibility for TANF not realizing that they maintain eligibility for food stamps at some
income levels. The same problem plagues the Medicaid program, where the state is
reporting under-enrollment of eligible children due to loss of contact with families who
have terminated TANF income assistance participation without enrolling in continuing
benefits available to them.
WorkFirst
The Washington State Institute for Public Policy is evaluating WorkFirst in Washington.
Preliminary findings indicate that caseloads are reduced and more people are working
under the program. Earnings are also higher, although modest, at $639 per quarter
above the level that families would have received through benefits alone. Average
quarterly earnings for VVorkFirst participants were $3,010 (or roughly $1,003 per month)
for the Federal Way CSO (Community Service Office). At this level of earnings, families
are typically still at very Iow income levels - below 30 percent of median income.
Subsequent studies will provide better data for evaluating the success of the program.
27 United Way of King County, Health and Human Services Community Assessment, King County and
Planning Areas, draft June 1999.
2~ Washington Institute for Public Policy, WorkFirstJob Search Services: Preliminary Analysis, June 1999.
City of Federal Way Human Services Comprehensive Plan
Possible Unintended Effects of Welfare Reform
A recent study in the state of Washington looks at homeless families, including those
who are living temporarily with friends or family and those in temporary shelters or on the
streets. While there are many data limitations, there are some indications of unintended
effects of welfare reform.
About 70 percent of the newly homeless families in the state (during the year) were
receiving TANF. About 20 percent were receiving medical assistance, and about 7
percent were receiving food stamps. Fifty-two percent were enrolled in welfare offices in
Puget Sound area. There were 89 newly recorded homeless welfare families--a total of
229 persons--in the Federal Way CSO between June 1997 and May 1998. In King
County, there were 1254 families new homeless families, or a total of 3,405 persons.29
Also pointing to increased distress, between 1996 and 1997 there was a 29 percent
increase in homeless callers to the Crisis Clinic Community Information Line. Thirty-nine
percent of the calls were from South King County and 51 percent were from Seattle.3°
Living Wage
Susannah lives with her two children, Josh (age 4) and Katie (age 2), in a two
bedroom apartment in Federal Way. For now, Susannah can manage with two
bedrooms. Josh and Katie each have their own rooms. Susannah sleeps on a
fold-out couch in the living room. As Josh matures, however, Susannah feels
these arrangements will be inappropriate, and she hopes by then to have gained
a promotion at work and enough extra income to afford a three-bedroom
apartment or small house.
Susannah went back to work this year after she and her husband divorced. She
earns $9.75/hour as a supply clerk at a light manufacturing company in Auburn.
Her health insurance is provided by her employer, and because her employer
has a union shop, coverage for the children is included. Her husband was
ordered to pay child support, but he moved out of state shortly after the divorce
and neither $usannah nor the state's Office of Child Support Enforcement has
been unable to locate him. In the meantime, $usannah is making do by living
simply and receiving occasional help from her parents.
Last week, Susannah's car broke down. Fortunately, her brother was able to
come by and fix it, but he tells her that it is unlikely to last another year. She uses
her car to get to work, take the children to day care, take care of shopping and
medical appointments, visit the food bank twice a month, and get to class one
night a week. $usannah is concerned that her whole fragile plan for day to day
living and pulling herself out of poverty is under imminent threat.
The minimum wage is $5.70 an hour, which is considerably below the amount needed to
live.3~ In contrast, a living wage is one that provides for housing, food, childcare,
29 Aaron Lowin, Washington DSHS, Research and Data Analysis, Homeless Families with Children
Receiving Welfare Assistance in Washington State, August 1998.
3o King County Community Services Division, Federal Homelessness Funding in King County - The
Challenges Ahead, February 1998.
31 Seattle PI, "Many Northwest jobs pay less than a living wage", January 7, 1999, pB1-2.
City of Federal }Fay Human Services Comprehensive Plan
transportation, health care, clothing, taxes and modest savings to cover emergencies.
They are not poverty wages? For a single person in Washington state, the living wage
in 1996 was $10.25 per hour.
The living wage in King County is slightly higher than the living wage in Washington
State as a whole. For a single person, the living wage would be $10.43 per hour, or
$21,322 a year. For the single parent with 2 children shown in the example, the living
wage in 1996 dollars would be $17.59 an hour, or $35,874 a year.
The minimum wage in Washington is just 50 percent of the living wage for a single adult
and 30 percent of the living wage for a singe adult with 2 children. Over one-third of jobs
in the economy pay less than the living wage for a single adult and nearly three-quarters
(73 percent) pay less than the living wage for a single adult with 2 children.
Washington Family Budgets (in 1996 Dollars)
Single parent
Budget Item Single person with 2 children
Food 141 331
Housing & utilities 488 615
Transportation 372 364
Health care 64 132
Child care 0 602
Household, clothing, personal 230 312
Savings 144 195
Taxes 338 372
Gross monthly income needed 1,777 2,923
Gross annual income needed 21,322 35,079
Living wage (at 2080 hrs/yr.) $10.25 $16.86
Source: Northwest Policy Center and Northwest Federation of
Organizations, Northwest Job Gap Study: Searching for Work
1999.
Community
That Pays, January
Job openings (as distinct from jobs) are even less promisings41 percent are under the
living wage for a single person, and 72 percent are under the living wage for a single
adult with 2 children. There are more people looking for work than there are job
openings. At a minimum, there are 3 people looking for every job. For positions offered
at $10.25 per hour, there are 5 people out looking for every job. At the higher end of the
scale, the living wage of $16.86 for a single person with 2 children, there are 12 people
looking for every job offered.
Child Care
Child care is critically needed by working parents. Childcare, including weekend,
evening, summer and special needs child care, was cited as a priority need by human
service providers in a Federal Way focus group.
Not all can find, or afford, this resource. A 1999 study of child care by the South King
County Community Network identified that an estimated 15,500 children in South King
32 Northwest Policy center and Northwest Federation of Community Organizations, Northwest Job Gap
Study: Searching for Work That Pays, January 1999.
City of Federal Way Human Services Comprehensive Plan
County lack access to needed child care. For families that can locate child cato, cost can
create a barrier to enrollment - weekly costs in South King County average $132 for
infant care to $104 for full-time pro-school care.
A 1999 report on child cato in Kinq County by Child Cato Resources, Inc. reports that
the greatest gap in child cato resources appears to be in school-age cato. They report
that parents of school age children face a number of barriers, including transportation to
cato after school or from cato to school, and reluctance of providers to offer school-age
care~.
As WorkFirst is implemented, moving TANF recipients into the workforce, the pressure
on child cato resources is increased. The Department of Social and Health Services
projected in 1997 that the caseload of children requiring child care subsidies would
increase by 40 percent between 1997 and 1999. Even with subsidies, however, not all
childcare is accessible - over a quarter of child cato providers charge more than the
state subsidy rate, and with slots at a premium, there is little incentive for them to accept
the subsidized rates.
Locally, Iow income families can access both state and local subsidy programs- but
these do not fully close the Rap in child care availability. In Kin.q County outside of
Seattle, Iow income families are served by the King County Child Care Program. In
1998, the program served 250 families with 400 children - but had a wait list of 204
families~.
Child Care Resources is a private non-profit childcare information and referral agency
serving residents throughout King County. In 1998, they reported serving 1800 callers
from Federal Way. They reported that Iow-income callers increased from 62 percent to
77 percent of callers from 1996 to 1998, and that they anticipated this trend to continue
as WorkFirst increased its implementation.
For parents who must work on weekends or evenings - an increasing demand on those
in retail and service industries - child care can become a crisis. In King County, only 1
percent of child cato centers and 4 percent of family home providers offer weekend care,
and only 9 percent of child care centers and 10 percent of family home providers offer
cato evenings and nights. Sick child care and cato for children with disabilities is rare,
and in most cases expensive35.
Implications for Federal Way Human Services
For poor families, including those who are employed, pressure is coming from two
directions - an economy that increasingly offers little security or mobility for those with
limited education and technical skills, and government policies that stress immediate
employment over investment in training and education.
As public and private agencies - and community members - seek ways to support
families becoming more self-sufficient, they will all have to grapple with dilemmas. How
much preparation for the job market is enough? What resources will the community
commit to help families manage their responsibilities - including child care, elder care
33 Child Care In King County: 1999, Child Care Resources, Inc. 1999
34 ibid
35 Child Care Policy Initiative Final Report, South King County Community Network, June 1999.
City of Federal P/ay Human Services Comprehensive Plan
and other needs? What support is appropriate for those with long-term barriers to self
sufficiency, such as mental illness, physical disabilities, limited English-speaking
capacity, or caretaking responsibilities among others?
As programs which have historically been considered entitlements are redefined as
short-term benefits at the federal and state level, local government and private charities
- including churches and community associations - will need to re-examine their role in
supporting families and individuals in their midst.
City of Federal Way Human Services Comprehensive Plan
In its fourth and final human services goal, the City Council identified its concern for
building a strong and cohesive community even as Federal Way continues to experience
rapid growth. In particular, the Council sought to prioritize the involvement of all
members of the community - from diverse socio-economic backgrounds - in building
community.
HOUSING
Housing has enormous impact on individuals and families living in the community.
Housing and neighborhoods also create the fabric of the community itself, defining its
character and in large part determining quality of life for its residents.
Housing is generally the single largest component of a family's budget. Increasing
housing and utility costs are a burden to many, especially to Iow income families, in
many cases consuming well over half of a family's monthly budget. Federal Way offers a
relatively high proportion of affordable housing choices for families - which accounts for
some of the city's significant growth in the past 10 years.
Number and Type of Units
At the 1990 census there were 28,035 housing units in Federal Way. Over half the
housing was single family and 5 percent of the housing was mobile homes. The number
of housing units jumped 15 percent by 1998, to 32,149 units36. The majority were still
single family units, but multi-family housing grew by 20 percent during that period.
Housing Tenure
Over half (57 percent) of the housing was owner-occupied as of the 1990 census. This
varied considerably, however, by type of unit. Most (87 percent) of single family
detached units were owner-occupied and 61 percent of single family attached units were
owner-occupied. Conversely, only 7 percent of multi-family units were owner-occupied.
Mobile homes offer an affordable ownership option. In 1990, 95 percent of mobile
homes were owner-occupied. In 1999, a total of 1,051 mobile homes were occupied in
seven mobile home parks in Federal Way. Mobile home parks are frequently subject to
redevelopment pressure as the land is converted to higher value use, whether
residential or non-residential.
Housing Costs
At the 1990 census, the median house value in Federal Way was $118,800 and the
median rental value was $476.37 Prices continue to escalate.
According to data prepared by Coldwell Banker Bain from figures supplied by the
Northwest Multiple Listing Service, the average housing price in Central Federal Way,
36 OFM, Forecasting Division, Population Estimates, October, 1998
37 King County Office of Budget and Strategic Planning, 1998 King County Annual Growth Report.
City of Federal Way Human Services Comprehensive Plan
Twin Lakes, and Dash Point rose 1.9 percent between 1998 and 1999 (comparing the
first 6 months of each year). In 1998 the average purchase price was $182,695 and in
1999 that had risen to $186,188. These increases were modest compared to other
regions in South King County. The average increase in South King County was 7.8
percent.38
The rents in Federal Way are also on the rise. In the one year period between 1997 and
fall of 1998, rents rose between 5 and 6 percent for 1, 2, and 3 bedroom units. Rents
rose 8 percent for studios, perhaps because the demand for these smaller, more
affordable units is greater.
Rents in Federal Way
Type of Unit Fall 1997 Spring 1998 Fall 1998
Studio $432 $457 $468
I Bedroom $510 $524 $539
2 Bedroom/1 Bath $576 $590 $608
2 Bedroom/2 Bath $679 $682 $715
3 Bedroom/2Bath $841 $827 $886
Source: Dupre & Scott, Fall 1997 Rents, Spring 1998 Rents, Rents & Vacancies
(Fall 1998)
Housing Affordability
According to the HUD definition, housing is affordable when it costs no more than 30
percent of gross income for the cost of housing, including utilities.39 The higher the
household income, the wider the range of affordable housing by this definition.
Households at the highest end of the income scale have least difficulty finding affordable
housing.
At the other end of the income scale, households have much more difficulty finding
housing affordable to them. In fact the problem of finding affordable housing is
pronounced in King County.
Throughout King County there is almost no non-subsidized market rate housing
affordable to a full-time minimum wage worker, earning less than $10,000 a year.
A monthly rent of $250 is the maximum affordable to such a worker. King County
has almost zero rentals under $400 a month, and even fewer under $250 a
month .... Less than 15% of housing sales were affordable to moderate income
households earning less than 80% of median income,do
The next table shows wages for several job classifications and relates that to ability to
pay for housing. These are based on the 1994 Area Wage Survey for King and
Snohomish Counties, conducted by the Washington State Employment Security. A
single mother with 2 children working as a sales clerk, for example, with an annual
3s Seattle Times, "The price trends continue: double digit gains in some neighborhoods", August 22, 1999,
~39F 1, F4.
King County Consortium, Consolidated Housing and Community Development Plan for 2000-2003, draft
July 1999.
4o King County Housing and Community Development Program, King County Market Rate Housing
Affordability Study, 1998.
City of Federal }Vay Human Services Comprehensive Plan
income of $14,864 would be classified as very Iow income, or nearly so. She could
afford only $371 per month for rent or mortgage payment. Yet the median rent in
Federal Way at the 1990 census was $476. By 1998, an average studio apartment cost
$468 a month. Both the cost of housing and adequacy, in terms of unit size and
condition, are factors in determining suitability of the range of housing to meet varying
demands of the community.
Affordable Housing for Retail and Service Employees
Average Average Annual Rent plus Mortgage Home
Job hourly pay hours/week income utilities payment price
Waiter $4.97 28 $7,236 $181 $181 $20,275
Cashier $6.56 33 $11,257 $281 $281 $34,200
Sales clerk $7.94 36 $14,864 $371 $371 $42,491
Truck driver $9.19 40 $19,115 $478 $478 $54,817
Source: Washington State Employment Security, 1994 Area Wage Survey for King & Snohomish Counties,
December 1994 as shown in the City of Federal Way, Comprehensive Plan, November 1995.
South King County contains more affordable housing rental and ownership opportunities
than other regions."~ An affordable rental opportunity includes rents affordable to
households earning under 50 percent of median income. An affordable ownership
opportunity includes prices affordable to households earning under 80 percent of median
income.
Federal Way was 6th behind Auburn, SeaTac, Tukwila, Algona, and Pacific in the
percentage of housing units that are affordable. Sixty percent of rental units in
1998/1999 were affordable at 50 percent of median income, and 31 percent of single
families and condos were affordable under 80 percent of median income. Overall 44
percent of properties were affordable opportunities. In numbers, 13,986 rental or
ownership units out of 31,599 total units were affordable opportunities.
Assisted Housing
Several programs exist to assist individuals with housing costs or to help them with
maintenance of existing housing. Subsidies to housing come in several forms from
reduced cost units for rent, vouchers or certificates to assist with tenant-located housing,
grants to help with down payments, reduced interest rate loans, and cash supplements
for utilities or home maintenance, to name some of the most common. Several programs
funded by the City of Federal Way for homeownership and home repair support for Iow
income residents are detailed in Section III of this report.
Households with vouchers or certificates are able to secure housing in the location of
their choice. Within King County (outside of Seattle), almost 80 percent of section 8
certificates are used in South King County where housing is more affordable. Federal
Way accounts for 16 percent of the total of the section 8 certificates administered by the
King County Housing Authority.42
41 Metropolitan King County Countywide Planning Policies Benchmark Program, 1999 King County
Benchmark Report.
42 King County Consortium, Consolidated Housing and Community Development Plan, draft July 1999.
City of Federal Way Human Services Comprehensive Plan
Implications for Human Services in Federal Way
Housing is an important element of neighborhood development. Housing literally sets the
stage for neighborhood building - providing porches on which people can gather, or
gated facades that keep people away from the front door. The mix of housing available
in neighborhoods - in cost, style and size - shapes the mix of residents. Young families
with growing children need lots of bedrooms and adequate yards or parks. Eldedy
residents may require housing with special accommodations, and may prefer smaller
units with less maintenance.
Because housing provides the framework for neighborhood development, coordination
between housing and neighborhood interests and between human service providers and
consumers is critically important. At the same time, housing alone does not form a
neighborhood. Public spaces, access to libraries and schools, recreational amenities
and functional businesses all support residents in building connected, cohesive
communities. The City's Neighborhood Development Program is working with residents
in several of the City's neighborhoods to increase resident input into planning and
development of community amenities and connections.
Thoughtful planning, open public process, and careful attention to citizen involvement in
planning for housing, services and economic development will all support the City
Council's goal of building cohesive, supportive neighborhoods.
CONCLUSION
The City of Federal Way has substantial resources that are attractive to families seeking
a home: a central location on the I-5 corridor, a stock of affordable housing, and a Iow
crime rate compared to other South King County communities.
The City of Federal Way is home to a diverse population, including Iow income
households and a growing set of immigrant and refugee communities.
The services and supports available both directly within the City and regionally to
support these families - as well as middle-class families facing challenges - are outlined
in Section III of this report. The capacity of human service systems to effectively meet
the needs of the City's residents is also discussed.
SECTION
Ill
HUMAN SERVICES
DELIVERY
CITY OF FEDERAL WAY HUMAN SERVICES COMPREHENSIVE PLAN SYSTEM
]PDATED NOVEMBER, 1999
City of Federal Way Human Services Comprehensive Plan
HUMAN SERVICE DELIVERY SYSTEM
It is difficult to clearly define the boundaries of what are termed "human services".
Income supports that are provided as welfare benefits, for example, are included - but
social security payments are not. Section 8 rental vouchers provided to Iow-income
families are typically described as human services, but rarely is veterans' mortgage
assistance. This discussion of the human service delivery system available to Federal
Way residents, takes a broad view of human services as those services - publicly
funded to some extent - which support individuals in living independently and
successfully in the community.
Human services in Federal Way are delivered by a complex system of federal, state,
county, city and private non-profit organizations. Residents of the City will interact with
different systems depending on their needs, their income levels, and various
characteristics that make them eligible for specific services.
ROLE OF GOVERNMENT IN HUMAN SERVICES
A significant portion of human services funding and policy direction derives from the
federal government. Through funding and regulations, federal agencies direct Iow-
income housing, medical and dental care, services that enable senior citizens and
persons with disabilities to live independently, income supports, a portion of educational
services, veterans services and care, and domestic violence and sexual assault
services.
In many of these services, federal funding flows through the state, county or city to
intermediary levels of government or to private non-profits that ultimately deliver the
services. This section, identifies the variety of services and supports that make up the
human services arena and will identify the entities that actually deliver the services.
For other services, the state, county or city exercise various forms of taxation and
income generation to support human services which are priorities at a local level. Some
of these services supplement federal services. Others represent priorities that are set
locally.
FEDERAL AGENCIES PROVIDING DIRECT HUMAN SERVICES
The Social Security Administration has responsibility for administering income support
payments that include retirement benefits, disability benefits and supplemental income
assistance that helps bring Iow-income seniors and disabled persons up to the poverty
line when their earned income falls below that level. The Social Security Administration
also administers Medicare benefits that insure senior and disabled persons for health
care. Social Security Administration services are available by phone, from a central
office in downtown Seattle, and from a branch office in Kent.
The Veterans' Administration provides cash benefits, counseling services, health care
coverage, mortgage support, and educational benefits to veterans - and burial and
pension benefits for their dependents. The specific mix of services available varies
depending on the veterans' discharge status, presence or absence of service-connected
disability, and the period and military arena in which they served. Both the Veterans'
City of Federal }Fay Human Services Comprehensive Plan
Administration and the Veterans' Affairs Puget Sound Health System are located in
Seattle but serve veterans regionally..
The Bureau of Indian Affairs provides a variety of assistance to Native Americans:
assisting them in enrolling for tribal benefits, providing health care to enrolled tribal
members and providing educational benefits to Native American students. The Bureau
of Indian Affairs serving this region is located in Portland Oregon. The Seattle Indian
Health Board, located in downtown Seattle, provides enrolled tribal members with health
care through the Indian Heaith Service locally.
The Job Corps provides job training and associated services to Iow-income youth and
young adults who typically lack their high school degrees. The Job Corps office is
located in downtdwn Seattle, but enrollment is available through the state's Employment
Security Offices. The Employment Security Office most local to Federal Way is located
in Auburn.
In addition to these direct services, the federal government operates a number of phone
hotlines providing information and referral for health and human services. These include
hotlines for victims of domestic violence, persons seeking substance abuse information
or treatment, deaf and hard-of-hearing TTY relay, general health information, and lead
based paint hazards among others.
STATE AGENCIES PROVIDING DIRECT HUMAN SERVICES
The omnibus agency providing most state-administered and state-delivered human
services is the Washington State Department of Social and Health Services (DSHS).
While DSHS funds a variety of services which are locally delivered, the state agency
also directly delivers a number of services. The Department of Social and Health
Services maintains a Community Service Office (CSO) to provide easy access to DSHS
programs for City residents.
Income Assistance
The Temporary Assistance to Needy Families (TANF) program replaced what historically
has been referred to as "welfare". TANF provides cash grants, food stamps, job training
and work experience placements, child care and Medicaid services to eligible Iow-
income families.
In 1997, the TANF program enacted a number of changes designed to shift from a
model of income assistance to a welfare-to-work transition model. These changes
include:
· A five year lifetime cap on receipt of TANF benefits.
· Strict work requirements for all but a few recipients.
· Increased emphasis on obtaining jobs, rather than training, first.
· Increased support for child care for working recipients.
· Active financial/benefit sanctions for participants who fail to find work or participate in
work experience placements.
In addition to TANF, which is aimed at helping families with dependent children, DSHS
provides limited income assistance for adults without children who are unable to work
temporarily due to disability.
City of Federal Way Human Services Comprehensive Plan
The Department also administers other programs, which support family economic
security. These include:
· The federal food stamp program, which is available to Iow income families, seniors
and individuals to help them stretch their food budget.
· Healthy Options, a managed care health plan for Medicaid enrollees.
Independent Living Supports
The Department of Social and Health Services provides a range of services that are
designed to increase the capacity of elderly and disabled persons to live independently
in the community.
Services delivered directly by DSHS for elderly and disabled persons include:
· Adult Protective Services: investigation and intervention in suspected abuse of elders
and people with disabilities.
· Case management, personal care, and chore services to help people remain in their
own homes.
In addition, the Department contracts with local providers to deliver:
· Adult day health programs to increase socialization for isolated seniors and persons
with disabilities, and provide respite care for family caregivers.
· Adult family homes, which provide home-like congregate care for small numbers of
seniors and/or disabled persons as an alternative to institutional care. Fifty-one
family homes provide a total of 271 beds in Federal Way. However, adult family
home placement is based not only on geographic considerations, but also on
vacancies and the specific service needs of residents - and vacancies are limited.
On the day that 271 beds were reported available for Federal Way, only 13 beds
were vacant~.
Vocational Services
The Division of Vocational Rehabilitation provides vocational assessment, treatment for
disabilities that interfere with employment, job preparation and training, and job
placement and follow up support. Services are provided to persons with disabilities.
Case managers work from local community services offices. Services are available on-
site at the Federal Way Community Services Office.
Adoption, Foster Care and Child Protection Services
The Childrens' Administration provides services designed to increase the stability of
children and their families.
The first priority of Childrens' Administration services is to maintain children in their own
homes if this is at all possible. Child Protective Services works with law enforcement,
local family courts and contracted community services to address abuse and neglect
within the home.
Daily Census, Adult Family Homes by Zip Code, Department of Social and Health Services, 9/14/99.
City of Federal Way Human Services Comprehensive Plan
If out-of-home care is necessary for the safety of the child, Child Protective Services
arranges for foster care or out-of-home institutional care for children. The Children's
Administration licenses foster homes in the community and arranges for placement and
case management within these homes. Foster homes are available within Federal Way.
It is a priority of Children's Services to place children in homes accessible to their
parents for visitation, but capacity within the system is chronically strained and
geography is only one of several placement consideration.
COUNTY AGENCIES PROVIDING DIRECT HUMAN SERVICES
Several King County agencies directly provide human services. These agencies include
the Mental Health and Substance Abuse Services Division of the King County
Department of Community Services, Public Health - Seattle and King County, and the
King County Division of Youth Services.
Mental Health and Substance Abuse Services Division
Most treatment services - both for persons who suffer from mental illness and from
those who are chemically dependent - are provided through contracted agencies.
However, some services are provided directly by county employees within these
divisions.
· Mental health crisis services are provided in part by County-Designated Mental
Health Specialists, who respond to calls for evaluation of persons who represent a
danger to themselves or others, or who are unable to care for themselves enough to
maintain their own safety.
· Initial screening for chemical dependency treatment services for Iow income persons
is provided by employees of the Division of Alcohol and Substance Abuse Services.
Public Health - Seattle and King County
The Public Health Department of Seattle and King County provides a wide variety of
personal and public health services. In Federal Way, the Southwest District Health
Center is a major provider of care for Iow-income residents. Health services include:
· Help with applying for state sponsored health insurance, Medicaid and Basic Health
plan coverage;
· Maternity services including pregnancy testing, childbirth education, pre-natal, and
post-natal care;
· Pre-natal, mother/baby and toddler support groups;
· Home visits to pregnant women, women with new babies and parents of young
children;
· Nutrition education
· Adult immunizations;
· HIV/AIDS and STD screening clinics;
· Services to pregnant and parenting teens.
Department of Youth Services
The Department of Youth Services provides both custodial and community based
supervision of youthful offenders. Probation officers are located in Federal Way and
provide supervision, counseling, job placement assistance, drug testing and referral to
treatment and community service supervision.
111-4
City of Federal Way Human Services Comprehensive Plan
CITY OF FEDERAL WAY DEPARTMENTS PROVIDING DIRECT HUMAN SERVICES
Several City Departments provide direct human services. The City's Parks, Recreation
and Cultural Services Department provides a variety of youth recreation and cultural
services. Subsidies enable a limited number of Iow-income residents to participate in
these recreation services. The Department also operates the Klahanee Lake
Community/Senior Center, which provides the site at which a number of senior services
- including congregate meals and socialization services - are conducted. Recreation
services, community and employment resources for persons with developmental
disabilities are provided at the Klahanee Lake Facility, both by the City and by Highline
Community College. A limited number of teen programs are also offered at the Klahanee
Lake facility.
The Law DepartmentJMunicipal Court also provides human services through its
Domestic Violence Legal Advocates, who guide victims of domestic violence through the
legal process. The legal advocates aid in safety planning for victims, attend court
hearings with victims and keep victims informed about their particular case. The
advocates also refer victims of domestic violence to community agencies that are able to
meet their specific needs such as counseling and emergency shelter.
The Public Safety Department offers human services, integrated with law enforcement
strategies, in two of its programs:
· Community Service Centers are located in two at-risk housing communities- the
Westway Neighborhood and the Rainier Continental Apartment complex. The
Community Service Centers have recreation leaders who coordinate after-school
activities, tutorial assistance, and mentoring for at-risk youth.
· The Victim Assistance Program provides assistance to victims of domestic violence
and other violent crimes. When a crime is committed, this volunteer-based program
provides 24-hour on-call assistance to victims of crimes. Victim Assistants make
contact with victims and help them with their immediate needs. This includes
providing referrals to available community services. Volunteers and staff of the Victim
Assistance Program are also involved in the City's Domestic Violence Council.
The City's Community Development Department funds (in lieu of directly staffing)
several programs to help Iow income families manage the impact of housing costs on
their budgets and lives.
· The Housing Stability Program, administered through the Fremont Public Association
countywide, makes no-interest loans and grants to Iow income residents of King
County who are in danger of losing their homes either through foreclosure or
eviction. The program also offers loans and grants to homeless families to help them
obtain permanent housing.
· The Housing Repair Program provides no-interest loans to Iow income homeowners
to make necessary health and safety repairs to their homes. The program also
makes loans to landlords for repair of rental housing, in exchange for a rent ceiling
for up to five years and a requirement that property be rented to Iow income tenants.
· The FirstHomes Program, administered by HomeSight, provides homebuyer
education, counseling, and loans with deferred repayment to first-time buyers at or
below 80% of the King County median income.
City of Federal Way Human Services Comprehensive Plan
The Community Development Department's Neighborhood Development Program
provides community residents with tools to build strong and cohesive neighborhoods.
· The Neighborhood Matching Fund provides grants to neighborhood, business and
community service groups to improve neighborhood quality of life. Local groups
match the funds with volunteer labor, in-kind gifts or a cash match.
· The Neighborhood Emergency Team, similar to Block Watch, works with neighbors
to build a coordinated and planned response to disasters such as earthquakes,
floods, fire and other emergencies.
CDBG Funding Impact on Housinq and Poverty
The City of Federal Way has significant impact on housing and poverty issues through
the use of its Community Development Block Grant funds. These funds, received from
the Federal Government as part of the King County CDBG/HOME Consortium, support a
combination of capital and public services that benefit primarily Iow income residents.
Funding through CDBG over the past five years has addressed a number of different
kinds of needs. A partial sample of the projects supported by CDBG funds during this
period illustrates impact of these funds.
Maintenance of facilities that benefit Iow income and disabled persons.
The City has supported maintenance of its Senior Center, improvements to the Federal
Way Youth and Family Services facility, and equipment needs at Hiqhline Community
College's Child Care Center amonq others.
Shelter and Transitional Housing for Homeless Persons
The Federal Way Community Caregiving Network used City funds to acquire transitional
housing for homeless women and children, South King County Multi-Service Center
rehabilitated units used for transitional housing for the homeless, and Auburn Youth
Resources is currently developing a youth shelter in Federal Way - a need identified in
the City's original human services plan.
Human Services
The South King County Multi-Service Center's CARES child care subsidy pro.qram has
consistently received support, as has Community Health Center of King County's dental
care access program, and the City's own domestic violence advocate services.
Low Income and Special Needs Housinq
CDBG funds have supported construction and renovation of substantial housinq
resources for Iow income persons. These include AIDS Housinq of Washington's
scattered site units for persons living with AIDS, apartments for persons who are
chronically mentally ill through the Mental Health Housinq Foundation, a Children's
Residential Center through Ruth Dykeman Children's Center, and supportive housing for
mentally ill young adults through Valley Cities Counseling and Consultation.
City of Federal ~Fay Human Services Comprehensive Plan
PRIVATE COMMUNITY BASED SERVICES
Community based, non-profit agencies providing a great vadety of human services in
Federal Way. These services are funded by city, county, and state funds, by United Way
of King County, and by private fundraising conducted by the agencies.
The services described in this section are those services that are in place in 1999 in th~
community that address the County's four human services funding priorities. Human
services rely on a patchwork of funding. In general, City fundin.q accounts for only a
portion of the funds required to offer these programs. Virtually all funds supportino~
human services are discretionary and subject to change. For example:
· United Way of King County, which supports many of the programs serving Federal
Way residents, analyzes community need every other year, and reallocates fundin,q
to meet its priorities on the basis of this analysis. Historically, United Way provided
agency, rather than specific service support. This has changed over the past five
years. As a result, agencies will lack United Way's general support that has acted
as a cushion when local funding priorities have chanqed in the past.
· State, county, and local jurisdiction funding is subject to change, as when City
human services plans are updated. In makinq these changes, funders may react to
"unmet" needs, failing to take into account the impact of changing priorities on needs
that are currently "met".
· A number of funders - both private and public - choose to act as a catalyst for
services by providing "start-up" and "project" funding. These funds generally carry a
requirement that other funding be obtained for ongoing support. However, support of
projects long-term is a priority for few funders. A number of agencies report that
considerable effort is invested in continually re-tooling programs to address this
dilemma.
· Agencies vary in the extent to which they can generate so-called "earned income".
For example, health clinics may be able to bill public and 3rd party insurance
providers for services. Parenting services for Iow-income families may have more
difficulty identifying a "customer" with both the willinqness and capacity to pay for
services at a level adequate to support operations.
In brief, the specific availability of services in Federal Way is dependent not only on the
City's funding priorities, but on the priorities of other funders and on agency capacity to
gather funds from varied sources. Services in place in 1999 may not be in place in
2001, due to the changing priorities of various human services funders.
In 1999/2000, four categories of services - corresponding to the City Council's four
funding priorities -are funded by the City of Federal Way:
· Meeting basic needs
· Maintaining public safety
· Promoting self-sufficiency
· Building strong neighborhoods
In the sections that follow, agencies are discussed in the categories in which they are or
would be funded by the City. However, this classification has some limitations. Programs
are classified by the primary services they provide, but many programs address more
than one Council goal. For example, Washington Womens' Employment and Education
City of Federal Way Human Services Comprehensive Plan
offers job training, work readiness and job placement services - all classified as
promoting self-sufficiency. However, they also offer a clothing bank, which would be
classified as meeting basic needs.
Other agencies offer services that are not easily categorized in any one category. For
example, a number of private non-profit and for-profit agencies offer treatment for
substance abuse. These might be classified as meeting basic needs. On the other hand,
being clean and sober is a virtual prerequisite for holding a steady job, so these services
also promote self-sufficiency. Finally, having parents who do not abuse alcohol or other
drugs promotes prevention of youth substance abuse, so these services might well be
classified under maintaining public safety.
A number of agencies provide services in each of these areas. Some choose to apply
for, and receive, City of Federal Way funds. Others do not.
GOAL #1: SUPPORTING BASIC NEEDS
Agencies funded by the City of Federal Way
· Catholic Community Services- Emergency assistance
· Community Health Centers of King County - Dental and medical care for Iow income
residents
· Emergency Feeding Program- Emergency food bags
· Federal Way Community Caregiving Network - Emergency and transitional shelter,
rent assistance and community suppers
· Federal Way PTSA Council - Clothes for Iow income students in the Federal Way
School District
· The Joseph Foundation - Transitional housing for homeless families
· The Salvation Army- Emergency hotel, food and transportation vouchers
· Senior Services of King County - Congregate Meals, Meals on Wheels and
Volunteer Transportation Services for Seniors.
· South King County Multi-Service Center- Food and clothing bank, food stamp
education, Iow income housing, emergency and transitional housing and case
management for homeless families.
· CDBG: Auburn Youth Resources - Youth emergency shelter.
· CDBG: Catholic Community Services: Transitional housing for homeless women.
· CDBG: Community Health Centers of Kinq County: Dental care services for Iow
income persons.
· CDBG: Community Psychiatric Clinic: Transitional supportive housinq for chronic
public inebriates.
· CDBG: Habitat for Humanity: Site preparation for affordable family housinq.
· CDBG: Kin.q County- Housing repair program for Iow income homeowners.
· CDBG: Kin.q County Housing Authority: Rehabilitation of the Nike Manor emergency
and transitional housing units, and fire safety upgrades to Southridge House.
· CDBG: Mental Health Housinq Foundation: Development of supportive housinq for
chronically mentally ill persons.
· CDBG: Parkview Group Homes - Development of supportive housing for
developmentally disabled persons.
° CDBG: South King County Multi-Service Center: Rehabilitation of Iow-income
housing units at Westway Townhouses and renovation of Victorian Place II.
° CDBG: Valley Cities Counselinq and Consultation: Development supportive housing
for mentally ill young adults.
City of Federal Way Human Services Comprehensive Plan
In addition, a large number of churches provide services designed to meet basic needs.
Typically these churches offer food banks, community meals, clothing banks and small
emergency funds for gas money, rent or utility assistance or other crisis response. VVhile
some churches limit assistance to parishioners, a number offer assistance to local
residents without regard to church attendance. Thirteen churches have identified
themselves as providing publicly available services for the City's listing of human
services resources.
Capacity Issues
Providers of basic needs support services report several trends and conditions that have
impact on their ability to effectively provide services.
The increased gap between rich and poor is having an impact on provision of basic
needs services. As the economy locally has done well, costs for housing, food and
other goods have risen. The incomes of Iow income families, in relation to costs,
have fallen.
Welfare reform is having an impact on reducing caseload, but is not reducing
poverty. In fact, families leaving welfare for entry-level jobs are having more difficulty
meeting their basic needs for food, shelter and medical care than families who have
access to food stamps, Medicaid coverage and other welfare services.
Food, clothing and household supply banks in particular report increased impact
from welfare reform, with families visiting more frequently in order to stretch their
family budget.
The needs of refugees and immigrants are a concern for these service providers.
Since benefits for refugees and immigrants expire relatively soon after they move to
the country (within two years), many of these individuals and families still struggle to
obtain enough income to meet basic needs. As a result, they are likely to experience
crises that require support of emergency services. These services must include
capacity for translation and provision of language and culturally appropriate services
- capacity that can increase their cost of service substantially. Impact from refugee
and immigrant populations was noted across all emergency services providers.
Lack of adequate public transportation is an issue for providers of basic needs
services. Residents who lack cars entirely or lack reliable cars have difficulty
traveling to centralized service locations. The cost of transportation is also a barrier
for many residents. Transportation costs have a direct impact on emergency funds,
which must often include subsidies for bus transportation or gasoline in order for
clients to access services.
Transportation is a critical issue in access to regional services such as: some senior
services, veterans' services, vocational and job placement services and higher
education.
City of Federal fi/ay Human Services Comprehensive Plan
GOAL #2: MAINTAINING PUBLIC SAFETY
Agencies funded by the City of Federal Way
· ACAP Child and Family Services - Parenting classes
· Birth to Three Developmental Center- Support for families with babies and toddlers
with developmental delays
Domestic Abuse Women's Network- Counseling and comprehensive services for
women and their children affected by domestic violence
Federal Way Boys and Girls Club - Supervised youth recreation and youth
development programs
Federal Way Youth and Family Services - Child and family counseling services,
domestic violence perpetrator treatment and support for victims of domestic violence.
King County Sexual Assault Resource Center- Information and referral, legal and
medical advocacy for victims of sexual assault
· Korean Christian Counseling Service- Counseling, support and education for non-
English-speaking victims of domestic violence.
· CDBG: Boys and Girls' Club- Facility improvement.
· CDBG: City of Federal Way - Domestic violence victims' services.
· CDBG: Federal Way Head Start- Parent and child education series.
· CDBG: Ruth Dykeman's Children Center- Construction of a residential treatment
facility for abused and ne.qlected youth.
Capacity Issues
1. Continued growth in Federal Way's population is likely to continue to put pressure on
the limited family support, family counseling and victims' services in the City.
Federal Way youth services and youth development activities are primarily
accessible through league sports and other organized activities. A significant number
of these services require payment of fees, dues and/or uniform and equipment costs.
Although some subsidies are available, youth development and youth recreation
activities accessible to Iow income youth remain limited. As the Iow income
population in Federal Way continues to grow, pressure on these services will
continue and increase.
Immigrant, refugee and non-English speaking families and individuals require
counseling services that are culturally and linguistically appropriate. Counseling
services report difficulty reaching these populations effectively. Not only is translation
required, but different models of service may be required. Diversification of service
providers or greater investment in developing culturally appropriate services within
mainstream agencies is likely to be required.
GOAL #3: PROMOTING SELF-SUFFICIENCY
Agencies funded by the City of Federal Way
· ACAP Child and Family Services - Subsidized child care
· Catholic Community Services - In home chore services for elderly and disabled
persons
· Center for Multi-Cultural Health - Education, advocacy and case management to
help refugees and immigrants overcome barriers to self-sufficiency
City of Federal Way Human Services Comprehensive Plan
Elderhealth Northwest-Adult day health services
· Federal Way Community Caregiving Network Job Center- Pre-employment services
and support
· South King County Multi-Service Center- Tutoring, basic adult education and
English as a Second Language training, and employment services including work
readiness
· Washington Women's Employment and Education - Job readiness training, career
exploration, and computer applications training to increase employability
· CDBG: South King County Multi-Service Center and the Federal Way Norman
Center YMCA - CARES before and after-school child care in 11 different schools
Capacity Issues
A number of issues affect both demand for self-sufficiency services and the capacity of
providers to offer these services.
Welfare reform has an impact most directly on literacy, job readiness, and job
training and job placement services. Under welfare reform, the focus on job training
is short-term and oriented to specific job placement at the end of the training
program. This has changed the focus of providers in order to offer training that meets
DSHS requirements and is accessible to WorkFirst recipients.
As welfare reform has proceeded, the welfare caseloads have been significantly
reduced. Providers report that those who were most able to join the workforce have
in most cases done so. Those who remain on welfare face multiple barriers to
employment - lack of language capacity, Iow educational attainment, mental health
and substance abuse disorders, and/or lack of basic living skills.
Lack of basic educational resources that prepare individuals for self-sufficiency and
success in the workplace is a problem for employers, and is also a problem for
providers who are trying to prepare individuals for employment.
Lack of an adequate supply of child care is a 'barrier for families where a parent or
both parents are seeking work. State and county subsidy rates for child care services
are in many cases below prevailing rates for these services. This limits the supply of
child care slots that can be subsidized for Iow income parents seeking work. The City
of Federal Way does provide subsidies for child care at 11 local schools through the
CARES program.
Projected growth in the elderly population, particularly in the frail elderly population of
persons over 85 years of age, is likely to place increasing pressure on in-home
support services for elders and to increase the need for adult day health programs.
The trend toward reliance on community care for persons with disabilities, combined
with a trend toward longer life-spans among persons with disabilities, will increase
the need for in-home support services to help persons with disabilities live
independently in the community.
Continued growth in the immigrant and refugee population in Federal Way, driven by
availability of affordable housing and by the existence of a core of immigrant
communities within the City is likely. This will continue to create a demand for
City of Federal Way Human Services Comprehensive Plan
services that support limited English speaking residents in acculturation and
integration in the economic and civic life of the community.
GOAL ~4: BUILDING STRONG NEIGHBORHOODS
Agencies funded by the City of Federal Way
· Crisis Clinic - Information and referral to callers seeking local resources.
· World Vision - One-to-one tutoring and mentoring for elementary school students at
risk of academic failure.
· School-In-Lieu - Tutoring and educational environment for students who have been
suspended from Federal Way School District junior and senior high schools.
· CDBG: Downtown Revitalization Proqram- Development of the International District
Pocket Park and Sidewalks.
· CDBG: Washington State Youth Soccer Association - Acquisition of a site, that when
developed, will eliminate conditions of spot bligh[
Capacity Issues
Building strong and cohesive neighborhoods is a challenging project in any city. Federal
Way faces additional challenges in this effort.
Most residents work outside the City, so that their relationship to the City is limited to
after-work and weekend hours. Many face lengthy commutes, which affect their
ability to participate in evening activities.
Federal Way has grown rapidly. Much of its development has historically focused on
single-use housing development, rather than mixed-use development characteristic
of in-city neighborhoods.
Increased diversity in the population - particularly including recent immigrants and
refugees with limited English-speaking capacity - create challenges as neighbors
seek to communicate and find common ground.
The City's Neighborhood Program, however, is seeking to build networks of
communication that may create the infrastructure around which neighbors come together
and build cohesion beyond specific projects or emergency response.
POTENTIAL IMPACT OF STATE INITIATIVE 695
State initiative 695 passed on November 2, 1999. The ultimate impact of 1-695 is still to
be determined. This plan, however, would be incomplete without some
acknowledgement of its potential impacts on funding for Federal Way human services.
Initiative 695 repeals the Motor Vehicle Excise Tax, the Clean Air Excise Tax and the
Travel Trailer and Camper Excise Tax. In total, statewide, these repeals are expected to
reduce state revenues by $1.5 billion in the 1999-2001 biennium, and by increasing
amounts in future biennia. While 1-695's initial impact to specific sources of dedicated
funding is known, its community-level impacts are less clear for several reasons.
City of Federal Way Human Services Comprehensive Plan
· No reliable estimates are yet available of the impact of local and state elections for
fee and tax increases.
· Local and state government are likely to make choices, within their ability to do so,
about shiftin,q funds to address high-priority needs. These shifts include tapping the
state reserve, and reallocatin.q general funds at the state, county and local level.
· What strategy the state will adopt to address the long-term need to raise the funds
needed for basic government services is unknown at present.
Historically, when budgets have been cut, funding for human services has been
vulnerable to reduction. Because human services operate with little mar.qin of reserve or
excess, these cuts typically translate immediately into reductions in service. As Kin.q
County and the City of Federal Way set about addressinq the impact of 1-695, human
service providers will need to prepare to clearly document the need for their services,
their outcomes, and the impact of reductions on the lives of Federal Way's residents.
Conclusion
Since the City of Federal Way set its initial human services priorities, there has been no
reduction in need for funding in these priorities. Indeed, particular pressures - identified
in this plan, - will contribute to continued need in each of the priority areas. In
summary, these factors include:
· The increasing gap between income classes, and the difficulty which Iow income
residents of the City increasingly face in making ends meet.
· Pressure on individuals and families making the transition from welfare-to-work, often
at the lowest end of the wage scale. These families trade only slightly increased
income for new costs, including child care, reliable transportation, and loss of time in
which to seek services and supports.
· The need for language and culture appropriate services to meet the needs of
immigrant and refugee families. These services require translation services, which
are expensive. In addition, they may require specific service delivery models which
are different than existing agency services, including in-home outreach, services
combined with socialization opportunities, and whole-family service delivery models.
· Continued losses in federal and state funding for services. These losses increase
pressure on providers seeking to maintain service levels. It also increases the extent
to which providers will turn to the City of Federal Way and other local funders for
support of their services.
SECTION
IV
CITY OF FEDERAL WAY HUMAN SERVICES COMPREHENSIVE PLAN STRATEGIES
JPDATED NOVEMBER, 1999
City of Way Human Federal Services Comprehensive Plan
HUMAN SERVICES STRATEGIES
This last section of the Human Services Comprehensive plan outlines policies and funding
priorities adopted by the Federal Way City Council, designed to support City goals established for
human services. Human services strategies are designed to maximize the benef'A of the City's role
as a supplemental funder and local policy maker.
IMPLEMENTING CITY COUNCIL GOALS
The Strategies Rationale section establishes specific objectives for the four City Council
goals and lists City strategies designed to achieve results. The rationale presents a concise
summary of the relevant need data in the plan for each objective, listed under the heading
Community Concerns. Factors in service availability, system gaps and strengths for each objective
are listed under the heading Current Service Conditions. Finally, City strategies are listed to
address the needs and support the objectives identified. With this format, the data in this plan is
pulled together, organized by the Council goal, related objectives, problems and service conditions
that result in specific City strategies.
RECOMMENDATIONS FOR CITY POLICY
The Policy Recommendations Summary that begins on page IV-8 presents a one-page
summary of all City strategies for each goal. Recommendations that will guide City funding
decisions are listed first, followed by other City policy recommendations that can support each goal.
Additionally, key partnerships important for successful implementation are noted. These partners
represent other organizations or City functions outside of the human services division whose
activities impact the human services objectives. This is by no means a complete list of partnerships
important to achieve the positive outcomes desired, but represents key organizations. By
collaboration with other major players in the community, the City's influence as an effective leader
and supplemental funder is enhanced.
STRATEGY IMPLEMENTATION AN ONGOING PROCESS
Implementation of the human services strategies will be an on-going process. Refinement
of mutually beneficial policies between City departments will continue as collaborative efforts
identify system improvements that can be made. These integrated City policies can include
responsibilities such as the programs of the Parks Department and Arts Commission, the
community policing model, the prosecution of domestic violence cases, and implementation of the
City's affordable housing policies. Continued policy collaboration with the Federal Way School
District, the King County Consortium, and other South King County cities regarding human services
and community development block grant activities is also vital for successful implementation of City
goals.
PARTNERSHIPS WITH HUMAN SERVICE AGENCIES KEY TO SUCCESS
As the primary provider of services to Iow-income persons, the non-profit organizations that
the City contacts with for service delivery are central to success. City funding can provide
incentives for particular programs or methods of service provision, but the City will rely on the
IV-1
Citg of Way Human Federal Services Comprehensive Plan
agencies and other organizations to design and implement services in the community. Negotiation
and joint identification of mutual goals and evaluation tools between the City and City-funded
programs will produce supportive ways to measure success for service recipients, and identify
needed improvements.
IV-2
City of Way Human Federal Services Comprehensive Plan
Strategies Rationale
GOAL #1: Support basic human needs through funding of emergency services
Objective A:
Have adequate emergency shelter resources to meet priority crisis needs.
Community Concerns:
A survey of South King County emergency shelter providers indicated that
approximately 1,200 City residents were sheltered in 1995.
More than 150 homeless children enrolled in Federal Way School District in 1995.
In the first two months of 1996, 53 homeless youth were contacted by the Homeless
Youth Outreach Program.~
An undetermined number of homeless single adults camping in wooded areas and
sleeping in cars.
Many Federal Way residents are at risk, due to Iow incomes and high housing costs.
estimate of 3,498 households are paying more than 30% of their income for rental
housing.2
An
Current Services Conditions:
Federal Way residents who become homeless rely on regional services for shelter,
since there are no emergency shelter facilities in the City of Federal Way.
Emergency shelter programs provide short term stays of 3-4 weeks; families bounce
from provider to provider.
Short emergency shelter stays of one month or less increase experience of crisis and
upheaval for families and children, and expend efforts of clients and staff in multiple
short term stays instead of long term resolution.
Local voucher programs meet crisis shelter needs by providing 2-3 nights motel lodging.
There are no local shelter services for homeless teens, and only a few youth shelter
beds exist in all of South King County. This will chan,qe soon. A six-bed shelter for
homeless youth is scheduled to open in Federal Way in 2000. This project is funded in
part with City Community Development Block Grant funds.
Funding for emergency and transitional housing is expected to decrease from King
County and federal funding sources in the coming years.
Strateaies:
Maintain stable City funding for shelters and transitional housing services.
Support longer stays in emergency shelters by funding bed nights rather than number of
clients, to reduce duplication and increase resources expended on longer term
solution~l.
Collaborate regionally with other funders to sustain the regional shelter system.
IV-3
City of Way Human Federal Services Comprehensive Plan
Continue to support development of a youth transitional housing program in Federal
Way.
Implement the City of Federal Way's affordable housing strategies.
GOAL #1: Support basic human needs through funding of emergency services
Objectives B:
Have adequate service systems for food and clothing assistance to meet basic needs.
Have adequate access to basic services for Iow income frail and/or homebound elderly.
Have adequate access to emergent and basic medical and dental care for Iow income
residents ineligible for health coverage.
Community Concerns:
Almost 10,000 persons, about 13% of the Federal Way population, are at 50% of
median income or below; many relying on food and clothing banks to meet basic needs.3
About 5,000 Federal Way School District children receive free or reduced lunches due to
Iow incomes of their families.
Low income seniors who are frail and/or homebound need assistance to meet their
basic needs.
Emergent and basic medical and dental care are vital for all citizens; lack of services
leads to more expensive care in the future.
Current Services Conditions:
Local programs provide efficient basic assistance utilizing high number of volunteers.
Over 71,000 bags of food were distributed by the main food bank in Federal Way, to
over 12,000 unduplicated City residents in 1995, 63% above projections.4
Over 1,700 Federal Way school children used the school based clothing bank in 1995,
more than double the projections for the year.s
A local branch of a regional senior services agency provides meal and transportation
assistance to Federal Way seniors.
Expanded Basic Health Plan and new client fee policies have increased financial
support for medical and dental care.
The Community Health Center dental clinic has a two and one half month wait for dental
services, and turns away 10-20 people each day due to lack of capacity,s
Strategies:
Maintain stable City funding for feeding programs, food and clothing banks.
Maintain stable City funding for senior transportation and meal programs.
Support use of City funds to increase capacity of emergent and basic medical and
dental services, or support related essential services not funded through other sources,
such as prescription medications.
IV-4
City of Way Human Federal Services Comprehensive Plan
GOAL #2: Support a strong service delivery system that increases public safety
Objective A:
Have adequate and effective support services for victims of violent cdme.
Community Concerns:
In 1995, the King County Prosecutor's office reported prosecuting 480 domestic
violence cases. Women and children who experience domestic violence need support
and advocacy services to end the cycle of violence.7
The 1995 Federal Way Police Report documents 71 rapes, and 16 arrested for rape.8
The King County Sexual Assault Resource Center (KSARC) served 151 Federal Way
residents for sexual assault. Of those, 47% were children under age 12.9 Rape and
sexual assault cases require immediate and professional health, mental health and
advocacy assistance for victim's recovery and for prosecution of perpetrators.
Current Service Conditions:
King County has a nationally recognized collaborative system between law enforcement,
the courts and non-profit agencies to provide sensitive and effective assistance to
victims of domestic violence and sexual assault.
Since 1996, the CiW has begun providin~ police se~ices and domestic violence
prosecution se~ices directly.
Federal Way families experiencing domestic violence can utilize the regional emergency
shelter system for crisis housing assistance. Emergency access is limited due to the
small number of units available county wide.
The City offers suppo~ to domestic violence victims through the Victim Assistance
Pro,ram in the Public Safety Depa~ment and the Le~al Advocate Pro~ram provided
through the Law Depa~menL
Advocacy, suppo~ se~ices and a free legal clinic for general information are offered in
the City by a non-profit agency.
A regional non-profit agency provides professional vic(im se~ices and collaborates with
law enforcement on sexual assault cases and is accessible to Federal Way victims.
Strategies:
Maintain stable City funding for victim assistance services.
Support collaborative relationships between the Federal Way Department of Public
Safety, the Legal Department and non-profit service providers in cases of domestic
violence and sexual assault.
IV-5
City of Way Human Federal Services Comprehensive Plan
GOAL #2:
Support a strong service delivery system that increases public
safety
Objectives B:
Have a human services delivery system that provides effective education, counseling
and other services for troubled Iow income families to prevent youth crime and
delinquency.
Have an effective service delivery system that includes early intervention in youth
problem behaviors that can lead to more serious crime.
Community Concerns:
yea~. In 1998, CPS accepted 681 child abuse and ne,qlect cases in Federal VVay.
Lack of parenting skills, anger management problems, and abuse of alcohol and drugs
contribute to behavior problems in children.
Juvenile crime and delinquency are a significant concern in the City, accounting for up to
40% of auto thef[s.~°
The Federal Way School District report documents 1,682 incidents of violence,
drug/alcohol use, weapons and other crimes on school grounds in 1994-1995 school
year.
School policies expel youth for full duration of the year in some cases, resulting in youth
in the community with no structured education resources.
Current Services Conditions:
Studies document linkages between dysfunctional or abusive families and juvenile crime
and other delinquent behaviors.
The King County mental health system now provides funding for treatment services for
children and families up to 200% of poverty, including individual and family services.
The Federal Way School District provides a range of services on-site, including
collaborations with counseling and drug/alcohol treatment agencies.
Studies document that successful intervention programs meet multiple needs for adults
and children in the families, and build long term relationships.
Most agency services for teens and Iow income youth are problem focused and short
term.
Federal Way lacks adequate neighborhood systems to support positive youth
development.
Strategies:
Provide funding for services for youth and families at risk of violence, child abuse and
neglect, or substance abuse that links professional services with other community
support.
Support prevention and early intervention programs for troubled families and youth that
include neighborhood-based and outreach services in the community.
IV-6
City of ~Fay Human Federal Services Comprehensive Plan
Collaborate with Federal Way human service agencies, community organizations, youth
group, schools and churches to increase community support systems for youth,
Continue inclusion of Iow-income participants in the City's Parks Department activities,
and evaluate potential for linkages between Parks programs and human service
agencies.
GOAL #3:
Provide support that supplements federal, state and county
programs designed to increase self sufficiency and independence.
Objectives:
Have employment support services in the City that enable Iow income families to work.
Have successful training and job placement programs in the City of Federal Way that
increase the economic self sufficiency of Iow income City residents.
Have a vadety of avenues available for motivated Iow income City residents to improve
their economic independence.
Community Concerns:
Inadequate child care capacity and high cost of childcare prevent many Iow income
parents from maintaining employment.
A significant proportion of Iow income residents have inadequate job skills to improve
their financial earning power.
Many motivated Iow income persons need specialized assistance in order to utilize the
mainstream education and training resources in the community, such as language
barriers or literacy problems.
Current Services Conditions:
Data suggests there are inadequate child care resources in Federal Way: 2,715 licensed
day care slots in a city with over 14,000 children under 12 years old, with costs
inaccessible for Iow-wage working families.
The C!tyv,.v,,~v, v CARES _is a successful child care subsidy program for Iow income
working parents, one of the few subsidies available on a continuing basis.
A few agencies offer programs in Federal Way that increase skills for self sufficiency,
targeting populations that need special assistance to utilize mainstream education and
training systems. City funding helps these programs leverage other funds to provide
training to Federal Way residents.
Strategies:
Maintain City funding for provision of effective self sufficiency programs in Federal Way.
Maintain City funding for employment support services, including child care assistance.
IV-7
City of ~Yay Human Federal Services Comprehensive Plan
GOAL #4:
Support service models that improve community-based
collaborations and build strong neighborhoods.
Objectives:
Have a strong sense of community and neighborhood that increases perception of
safety and security.
Have human services delivery systems that can enhance mutual citizen support and
civic involvement.
Community Concerns:
Lack of cohesion and sense of identity in neighborhoods is a general concern in Federal
Way.
Research shows lack of neighborhood cohesion and identification is a factor in crime
and delinquency.
Current Services Conditions:
Federal Way has a large population of children and teens and few facilities and activities
for youth and families.
The City's Neighborhood Assistance Program shows that crime prevention and services
for youth are high community priorities.
A high level of community involvement and volunteerism are important for the City's
vision for safe neighborhoods and strong community identity.
Strateqies:
Collaborate with the City's Neighborhood Assistance Program in targeted areas to
implement community priorities that involve human services.
Implement previously listed strategies: neighborhood-enhanced models of service
delivery, and strengthen linkages between human service agencies and community
groups; to increase sense of community and strengthen neighborhood support systems.
Develop actions and priority projects, based on adopted strategies, for use of CDBG
funds that improve neighborhoods and neighborhood facilities for Iow income areas of
the City.
IV-8
City of ~Fay Human Federal Services Comprehensive Plan
POLICY RECOMMENDATIONS SUMMARY
GOAL #1: Support basic human needs through funding of emergency services.
Funding Recommendations:
· Maintain stable City funding for shelters and transitional housing services.
· Maintain stable City funding for food and clothing banks.
· Maintain stable City funding for senior transportation and meals programs.
· Support development of a youth transitional housing program in Federal Way.
· Support use of City funds to increase capacity of emergent and basic medical and
dental services, "v. ....... v.,.,.~,'~, and related essential services not funded through other
sources, such as prescription medication.
· Allocate 37% of available human services fundin.q to the basic need services, as
described in this section.
Policy Recommendations:
· Support longer stays in emergency shelters by funding bed nights rather than number of
clients, to reduce duplication and increase resources expended for longer term
solutions.
· Collaborate regionally with other funders to sustain the regional shelter system.
· Support development of youth transitional housing program in Federal Way.
· Implement City of Federal Way's affordable housing policies.
Key Partnerships:
· Continue coordinated services with City of Federal Way Community Development
Services for permits and public process requirements for shelter facilities.
· Collaborate with the King County Consortium and suburban cities to maintain the
system of shelter facilities as other funding resources are reduced and/or block granted.
· Collaborate with service providers, the King County Consortium and other funding
sources to establish a youth transitional housing facility in Federal Way.
· Continue collaboration with King County Consortium for the minor home repair and
housing stability fund programs, using other funding resources.
IV-9
City of Way Human Federal Services Comprehensive Plan
GOAL #2: Support a strong service delivery system that increases public
safety.
Funding Recommendations:
· Maintain stable City funding for victim assistance services.
· Provide funding for effective intervention services for youth and families at risk of
violence, child abuse or neglect, or substance abuse.
· Support effective prevention and early intervention programs for families and youth that
include neighborhood-based and outreach services in the community.
Key Partnerships:
· Support collaborative relationships between the Federal Way Department of Public
Safety, the Federal Way School District and local human service providers.
· Collaborate with local organizations including human service agencies, community
organizations, youth groups, churches, hospitals and businesses, to increase long-term
community support for youth.
· Continue inclusion of Iow-income participants in the City's Parks Department activities,
evaluate potential for increasing linkages between Parks Department programs and
human service agencies.
· Continue City involvement in positive recognition events of youth, and other activities of
the Youth Commission and Arts Commission.
GOAL #3: Provide support that supplements federal, state and county
programs designed to increase self sufficiency and independence.
Fundinq Recommendations:
· Maintain stable City funding for provision of effective self sufficiency programs for
targeted populations in Federal Way.
· Maintain stable City funding for employment support services, including child care
assistance.
Key Partnerships:
· Explore increased collaboration between human service agencies and local education
and training programs in the City, such as community colleges, to increase participation
IV-10
City of Way Human Federal Services Comprehensive Plan
by Iow income Federal Way residents in existing programs, and to increase the variety
of training and job assistance services for Iow income residents and targeted
populations.
GOAL #4:
Support service models that improve community-based
collaborations and build strong neighborhoods.
Funding Recommendations:
Implement previously listed strategies: neighborhood-enhanced models of service
delivery, and strengthen linkages between human service agencies and community
groups; to increase sense of community and strengthen neighborhood support systems.
Policy Recommendations:
Collaborate with the City's Neighborhood Assistance Program in targeted areas to
implement community priorities that involve human services.
Develop actions and priority projects, based on adopted strategies, for use of
Community Development Block Grant (CDBG) funds that improve neighborhoods and
neighborhood facilities for Iow income areas of the City.
Key Partnerships:
Continue to work with the King County Consortium in projects that maintain affordable
housing stock and develop affordable housing.
CH IV STRATEG 3
11/8/99
IV-11
APPENDIX A
HUMAN SERVICES
CITY OF FEDERAL WAY HUMAN SERVICES COMPREHENSIVE PLAN LIST
UPDATED NOVEMBER, 1999
APPENDIX A
ORGANIZATIONS PROVIDING HUMAN SERVICES TO FEDERAL WAY RESIDENTS
The Uo:o, symbol denotes an agency or program that has been added for the 1999 plan update.
NON-PROFITS
AUBURN CHRISTIAN ACTION PROGRAM (ACAP)
33431 - 13th Place S.
Federal Way, WA 98003
(253) 833-7002
A Non-Profit Human Services Provider
Human Services Category: FAMILY SUPPORT SERVICES
o:°A.P.P.L.E. Parenting provides positive parenting skills and child abuse prevention classes in Federal
Way and other South King County locations. "Parents only" classes are for parents of children, ages 1-
9. Lab classes, for parents of children, ages 1-5; parents then practice new skills with their children in
a supervised lab setting. Some transportation provided. Classes offered free of charge.
Subsidized Child Care Program services South Kind County and City of Federal Way residents who
have children ages infant through kindergarten who are in need of quality, affordable child care, and
who are unable to find adequate financial support via other sources.
AUBURN YOUTH RESOURCES
816 F Street SE
Auburn, WA 98002
(253) 939-2202
A Non-Profit Human Services Provider
Human Services Category: YOUTH SERVICES; FAMILY SUPPORT; VICTIMS' ASSISTANCE;
INFORMATION AND REFERRAL; EMERGENCY AND BASIC SURVIVAL NEEDS; AND SELF-
SUPPORT DEVELOPMENT
Individual, group, and family counseling; $5-60 per hour. Alcohol and drug evaluations, counseling,
and education. 24-hour crisis intervention and shelter placement for runaway and homeless youth.
Various service areas: anger management; support groups for survivors of sexual abuse; youth
employment services; supervision of young offenders; parenting classes; ESL classes; foster home
placement and information, referral and advocacy. The agency operates a youth outreach center in
Federal Way.
BEHAVIORAL SCIENCES INSTITUTE
181 S. 333rd Street, Suite 200
Federal Way, WA 98003-6307
(253) 927-15501874-3630
A Non-Profit Human Services Provider
Human Services Category: FAMILY SUPPORT; VICTIMS' ASSISTANCE
Provide in-home family counseling and skill-building to strengthen and support families who are at high
risk of child abuse and neglect or family violence. Conducts research and dissemination of innovative
service strategies. Provides training for other human service professionals.
BIRTH TO THREE DEVELOPMENTAL CENTER
35535 - 6th Place SW
Federal Way, WA 98023
(253) 874-5445
A Non- Profit Human Services Provider
Human Services Category: FAMILY SUPPORT
Provides infant stimulation, early childhood training and therapy to children with developmental delays.
These services are provided both center based and in the community where children naturally are.
Support is provided to families of enrolled children through classes, support group and individual
development.
BOYS AND GIRLS CLUBS OF KING COUNTY
Federal Way Club
30815 - 8th Avenue S.
Federal Way, WA 98003
(253) 941-2722
A Non- Profit Human Services Provider
Human Services Category: YOUTH SERVICES; FAMILY SUPPORT
Provides a variety of services to all boys and girls including recreational and social activities, day camp,
after-school care, job referral and classes.
CAMPFIRE (FEDERAL WAY)
2450 Star Lake Road
Federal Way, WA 98003
(206) 461-8550
A Non-Profit Human Services Provider
Human Services Category: YOUTH SERVICES; FAMILY SUPPORT; SELF-SUPPORT
DEVELOPMENT
Year-round character-building programs for girls and boys, 5-18; promotes leadership and both
environmental and intercultural awareness. Resident camps, summer day camps, and camps for
children with disabilities. Home-based services for pregnant teens and teen parents, 14-19. Self-
sufficiency classes for children 3-15. Saturday respite care for children, 18 months to 12 years old with
disabilities, and their siblings.
CATHOLIC COMMUNITY SERVICES
1229 W. Smith Street
P.O. Box 398
Kent, WA 98035
(253) 854-00771874-4971
A Non-Profit Human Services Provider
Human Services Category: EMERGENCY AND BASIC SURVIVAL NEEDS; FAMILY SUPPORT;
SELF-SUPPORT
Aid to the aging; alcohol services; counseling services; and emergency services. Children's mental
health services, maternity, adoption, foster care, transition housing for pregnant teens and homeless
families with children.
CENTER FOR COUNSELING AND LEARNING
33919 - 9th Ave. S, Suite 201
Federal Way, WA 98003
(253) 927-6616
A Non-Profit Human Services Provider
Human Services Category: HEALTH CARE; FAMILY SUPPORT; YOUTH SERVICES;
INFORMATION AND REFERRAL
Provides general counseling, couple and family therapy, divorce mediation, disabilities and parenting.
*:.CENTER FOR MULTICULTURAL HEALTH
105 14t' Avenue, Suite 2C
Seattle, WA 98122
(206) 461-6910
A Non-Profit Human Services Provider
Human Services Category: HEALTH CARE SELF-SUFFICIENCY; INFORMATION AND
REFERRAL
The agency provides health advocacy and intensive case management services for immigrants and
refugees and conducts community education classes on appropriate utilization of the health and
human service systems, preventive health services and alternatives to Medicaid. They also conduct
workshops for service providers to increase awareness of resources for immigrants and refugees and
the importance of health coverage to self-sufficiency.
CHILD CARE RESOURCES
841 N. Central, Suite 126
Kent, WA 98032
(253) 852-1908
A Non-Profit Human Services Provider
Human Services Category: INFORMATION AND REFERRAL
Phone/internet information and referral for families in King County seeking child care. Technical
3
assistance, information, training, and workroom for providers in King County. Includes family child care
and centers. Information about licensing procedures for prospective child care providers.
COMMUNITY HEALTH CENTERS OF KING COUNTY
Federal Way Clinic
3343'~ 13th Place S
Federal Way, WA 98003
(253) 874-7634
A Non- Profit Health Clinic
Human Services Category: HEALTH/DENTAL CARE
Provides medical and dental care, some sliding fee. Well child care, immunizations and health
screening. DSHS clients welcome.
CRISIS CLINIC - TELEPHONE SERVICES
Crisis Line - (206) 46'1-3222
Community Information Line - (206) 461-3200
A Non-Profit Human Services Provider
Human Services Category: INFORMATION AND REFERRAL
Through the Crisis Line, trained volunteer phone workers assist callers in personal crisis by offering
emotional support and community resource information and referral 24 hours daily.
Through the Community Information Line, information and referral specialists use a computerized data
base of over 2,400 community service agencies to assist callers in locating agencies that may help
them. The Bed Bank gives a current status of opening in many local emergency shelters serving
women and children.
CRISIS PREGNANCY CENTER OF KING COUNTY
30620 Pacific Hwy. S, Suite 110
Federal Way, WA 98003
(253) 941-6`1 `10
A Non- Profit Human Services Provider
Human Services Category: INFORMATION AND REFERRAL; FAMILY SUPPORT; HEALTH CARE
Provides free pregnancy tests, counseling, support services and alternatives to abortion for pregnant
women. Referrals for temporary housing, clothing and furnishings, adoption, foster care, and other
community resources.
DOMESTIC ABUSE WOMEN'S NETWORK (DAWN)
P.O. Box 1521
Kent, WA 98035
(425) 656-4305
A Non-Profit Human Services Provider
Human Services Category: VICTIMS' ASSISTANCE
Shelter for abused women, with or without children, in South King County at a confidential location, no
fees. 24-hour domestic violence hotline for support, crisis intervention, and shelter intake. Support
groups for abused women in SeaTac, Auburn, Renton, Enumclaw, Federal Way, and Kent, child care
provided. Legal advocacy including limited legal consultation; information and referral to community
resources; and community education about domestic violence.
o:oELDERHEALTH NORTHWEST
800 Jefferson Street
Seattle, WA 98104
(425) 656-4030
A Non- Profit Human Services Provider
Human Services Category: SENIOR SERVICES
A community-based adult day health center offering an array of health and social services to frail,
elderly and disabled adults and their caregivers. The goals of the program are to provide health
services such as nursing treatments, medication monitoring, foot care, dementia care and health
education as well as assist with daily living activities. Locations throughout King county, including
Renton. Transportation provided.
*:*EMERGENCY FEEDING PROGRAM
P.O. Box 18145
Seattle, WA 98118
(206) 723-0647
A Non- Profit Human Services Provider
Human Services Category: BASIC NEEDS, EMERGENCY SERVICES
The Emergency Feeding Program provides emergency food boxes for infants, homeless clients, and
those with special dietary needs. The program has more than 33 distribution sites in King County,
including several sites in Federal Way.
· :.EXODUS HOUSING
P.O. Box 1006
Sumner, WA 98390
(253) 862-6808
A Non- Profit Human Services Provider
Human Services Category: HOUSING
Exodus Housing provides transitional housing and support services for homeless families with children
in South King and East Pierce counties. Their goal is to assist families to move form homelessness to
permanent housing and self-sufficiency. Exodus families are housed in apartments units for a period
of up to twenty months, with responsibility for paying 30% of their resources for rent and utilities. A
case manager works with each family assisting in prioritizing goals, identifying assets and obstacles,
and providing resources and support. Trained volunteer mentors work with the case manager to
connect the households with child care, employment and training opportunities, and transportation, as
well as to help build trusting relationships in the community where they have become homeless.
FEDERAL WAY CLINIC
34507 Pacific Hwy. S, Suite 3
Federal Way, WA 98003
(253) 874-2030
A For Profit Human Services Provider
Human Services Category: HEALTH CARE
Provides outpatient drug treatment services, methadone maintenance program and pre and post natal
programs for patients who are pregnant.
FEDERAL WAY COMMUNITY CAREGIVING NETWORK
1200 S 308th
P.O. Box 4717
Federal Way, WA 98063-4717
Emergency Services Phone: (253) 661-0505
Job Center Phone: (253) 952-4454
A Non- Profit Human Services Provider
Human Services Category: EMERGENCY SERVICES; SELF-SUFFICIENCY
Provides services to the people of Federal Way and South King County through four programs.
· FUSION: Transitional housing assistance to single women and their children. Helps families
stabilize their lives and become self-sufficient.
· Emergency Services: Emergency shelter and rent assistance to homeless people and families who
are temporarily unable to make rent payments. Also assists with emergency food and
transportation needs.
· Community Supper: Provide hot meals two times a week. Monday 4:00 - 5:30 p.m. at Steel Lake
Presbyterian Church and Thursdays 5:00 - 6:00 p.m. at Calvary Lutheran Church.
· Job Center: Job counseling and job search assistance.
FEDERAL WAY EVERGREEN CLUB
2415 S 320th
Federal Way, WA 98003
(253) 839-2591
A Non-Profit Human Services Provider
Human Services Category: SENIOR SERVICES
Provides recreational and social activities for seniors. Services provided at Klahanee
Community/Senior Center.
FEDERAL WAY FAMILY CENTERS
2626 SW 327= Street
Federal Way, WA 98023
(253) 839-1546
A Non-Profit Human Services Provider
Human Services Category: FAMILY SUPPORT
The Federal Way Family Centers develop a network of neighborhood centers to promote family and
community life. The agency works to enhance a sense of community; increase community perception
of safety; and encourage the use of family strengths. The Centers offer a variety of programs, including
supervised after-school activities, homework assistance, parenting education, English as a Second
Language for adults, computer classes, and related services. The Family Centers are located at
Stonehaven Apartments, Laurelwood Garden Apartments and Appian Way Apartments.
FEDERAL WAY PTSA CLOTHING RESOURCE CENTER
31405 18th Ave. S
Federal Way, WA 98003
(253) 839-2834
A Non-Profit Human Services Provider
Human Services Category: EMERGENCY SERVICES
This program enables all children in the Federal Way school district to have the opportunity to acquire
school quality, new and recycled clothing and eyeglasses.
FEDERAL WAY SENIOR CENTER
4016 S 352nd St.
Auburn, WA 98001
(253) 838-3604
A Non-Profit Human Services Provider
Human Services Category: SENIOR SERVICES
Provides adult day care, legal assistance, support groups, socializing, foot care, blood pressure check,
massage, computer classes and food bank.
FEDERAL WAY YOUTH AND FAMILY SERVICES
33705 9th Ave South
Federal Way, WA 98003
(253) 839-6555
A Non-Profit Human Services Provider
Human Services Category: FAMILY SUPPORT
Provides drug and alcohol outpatient treatment and counseling, domestic violence programs, play
therapy (ages 3-9), sexual abuse counseling & pregnancy prevention program. Services are provided
for Federal Way residents; general counseling services to individuals, children, youth and families.
Sliding scale fees. ..
FOSTER PARENT ASSOCIATION OF WASHINGTON
451 SW 10th #106
Renton, WA 98055
(425) 227-7110
A Non-Profit Human Services Provider
Human Services Category: YOUTH SERVICES; FAMILY SUPPORT SERVICES
Provides free support and advocacy for foster parents statewide.
o:oFREEMONT PUBLIC ASSOCIATION
215 West Harrison
Seattle, WA 98119
(206) 286-0115-Main Office
(206) 461-3200-Housing Stability Program
A Non-Profit Human Services Provider
Human Services Category: EMERGENCY ASSISTANCE; HOUSING
Through the Housing Stability Program, Federal Way residents who are Iow- to moderate-income and
are facing eviction or foreclosure can obtain emergency financial assistance, mortgage counseling,
and/or advocacy and referral.
GREEN RIVER COMMUNITY COLLEGE
12401 SE 320th
Auburn, WA 98002-3699
(253) 833-9111/464-6133
Educational Facility
Human Services Category: EDUCATION
Provides comprehensive post-secondary and continuing educational programs, including adult basic
skills, ESL classes, tutoring, vocational education, employment center, short-term counseling, multi-
cultural services, a women's resource center, and many other programs.
.:.HABITAT FOR HUMANITY OF SOUTH KING COUNTY
PO Box 25383
Federal Way, WA 98093-2383
(253) 661-5126
A Non-Profit Human Services Provider
Human Services Category: HOUSING
Construct homes in the South King County area for income-eligible first-time homebuyers.
HIGHLINE COMMUNITY COLLEGE
Federal Way Campus
33320 1st Way South
Federal Way, WA 98003
(206) 870-3757
Educational Facility
Human Services Category: EDUCATION
Provides comprehensive post-secondary and continuing educational programs, including basic skills,
vocational training, counseling and career center, ESL classes with tutoring, a women's resource
center, and programs for refugees, veterans, and persons with disabilities and many other programs.
HOMESTART TRANSITIONAL PROGRAM
1217 SW 308th St.
Federal Way, WA 98023
(253) 941-3167
A Non-Profit Human Services Provider
Human Services Category: EMERGENCY SERVICES
Long term transitional housing for homeless, single men.
o:oHOMESlGHT OF SOUTH KING COUNTY
3405 S Alaska Street
Seattle, WA 98118
(206) 723-4153
A Non-Profit Human Services Provider
Human Services Category: HOUSING
Administers a first-time homebuyer program for Iow- to moderate-income purchasers in Federal Way,
Kent, and Auburn. Purchase assistance includes a comprehensive homebuyer Education program and
Iow-interest, deferred payment loans.
· :*THE JOSEPH FOUNDATION
The Noyes Transitional Home
2000 SW Dash Point Road
Federal Way, WA 98023
(253) 838-1621
A Non-Profit Human Services Provider
Human Services Category: HOUSING
The Program provides transitional shelter in a stable environment for two families chosen from the
Federal Way School District by an indep.endent case management agency. The program targets
homeless families, single or dual parent with children, especially under the age of ten. The program's
objective is to successfully transition the client families to independent living and help them regain seP
sufficiency.
9
KING COUNTY SEXUAL ASSAULT RESOURCE CENTER
P.O. Box 300
304 Main Avenue
Renton, WA 98057
(425) 226-5062
24-hour line 1-800-825-7273
A Non-Profit Human Services Provider
Human Services Category: VICTIMS' ASSISTANCE; INFORMATION AND REFERRAL
24 hour information and referral and cdses intervention for victims of sexual assault and for their
families. Assistance with non-emergency medical evaluations for children and teens. Legal advocacy
through all aspects of the cdminal justice system (police, interviews, court accompaniment) for
children, teens and adults. Therapy and support services for child and teen victims and their families;
therapy for adult survivors of childhood sexual assault. Community education and professional training
available. Educational materials available on a wide variety of issues related to sexual assault.
KOREAN CHRISTIAN COUNSELING SERVICE
33320 Pacific Hwy. S. Bldg. 1 #107
Federal Way, WA 98003
(253) 874-1411
A Non-Profit Human Services Provider
Human Services Category: FAMILY SUPPORT, INFORMATION AND REFERRAL
Counseling, English as a Second Language classes and domestic violence services.
bilingual.
Counselors are
LUTHERAN COUNSELING NETWORK
2415 S. 320th Street
Federal Way, WA 98003
(253) 839-1697
A Non-Profit Human Services Provider
Human Services Category: FAMILY SUPPORT
Provides individual, couples, and family counseling with some subsidies available for Iow income
clients; evening sessions available. Family life education events on marriage enrichment, stress
management, parenting, and other human growth topics. Consultation and training for churches and
community groups.
LUTHERAN SOCIAL SERVICES
36016 1st Ave. S
Federal Way, WA 98003
(253) 735-9392
A Non-Profit Human Services Provider
Human Services Category: FAMILY SUPPORT
Individual, couples, group, marriage and pre-marriage, and family counseling; fee support available;
private insurance accepted. Speakers and consultation on stress, parenting, marriage enrichment,
other human growth topics. Foster care and permanency planning for children including foster
placement of children who have been severely abused or neglected. Foster parent training. Adoption
10
placement for infants and children with special needs. Information and referral; adoption facilitation;
placement for refugees and limited English speaking youth in ethnically matched foster homes.
ORION INDUSTRIES
33926 9th Ave. S
Federal Way, WA 98003
(253) 66t-7678
A Non-Profit Human Services Provider
Human Services Category: SELF-SUFFICIENCY
Provides rehabilitation programs for the vocationally disabled in a factory setting.
PLANNED PARENTHOOD
1105 S. 348th, Suite B-105
Federal Way, WA 98003
(253) 661-7002
A Non-Profit Human Services Provider
Human Services Category: HEALTH CARE; INFORMATION AND REFERRAL
Medical services include contraception, sexually transmitted disease and pregnancy tests, breast and
pelvic exams, Iow-cost abortions, and referrals for pre-natal care and adoption. Counseling on birth
control, HIV, pregnancy, sexuality, and other topics. AIDS tests for Iow-risk men and women, includin.o
counseling. Minors do not need parental consent to receive services. Sliding scale fees; medical
coupons accepted.
REFUGEE FEDERATION SERVICE CENTER
213 W. Titus Street
Kent, WA 989032
(253) 852-5150
A Non-Profit Human Services Provider
Human Services Category: SELF-SUFFICIENCY
Free employment services, immigration assistance, counseling, resources, and advocacy for refugees.
Staff is fluent in many Asian languages. Special ESL classes, customized training, and other
employment services for refugees referred through DSHS community service officers.
SALVATION ARMY
26419 16th South
Des Moines, WA 98198
(253) 946-7933
A Non. Profit Human Services Provider
Human Services Category: EMERGENCY SERVICES
Provides emergency assistance for families and individuals with basic subsistence needs. Financial
11
assistance for rent and utilities as funding exists. Emergency food boxes provided. Clothing and
prescription vouchers as funding exists. Motel vouchers for homeless individuals and families.
*:*SCHOOL-IN-LIEU
33759 9TM AVENUE SOUTH
FEDERAL WAY, WA 98003
(253) 927-8131
A Non-Profit Human Services Provider
Human Services Category: EDUCATIONAL
School in Lieu provides an educational environment for students who have been suspended from
Federal Way junior and senior high schools. Currently, the program works with the following schools:
Saghalie, Illahee, Lakota, and Sacajawea Junior High Schools and Federal Way high School. The
program operates Monday through Friday from 8:30 a.m. to 2:45 p.m. At School-in-Lieu, students
work independently on the assignments sent by their teachers.
SENIOR SERVICES OF SEATTLE/KING COUNTY
Klahanee Lake Community Center
33901 9th Ave. S
Federal Way, WA 98003
(253) 661-4151
A Non-Profit Human Services Provider and a Government S~°nsored Program
Human Services Category: SENIOR SERVICES
Volunteer Transportation Program; Meals on Wheels Program; Congregate Meals; health services and
senior programming. Senior Rights Assistance (SPA) will provide information on powers of attorney,
wills, probate, living trusts, Medicare supplement, long term care, Medicaid and group insurance.
SOUTH KING COUNTY MULTI-SERVICE CENTER
1200 S. 336th St.
Federal Way, WA 98003
(253) 838-6810
A Non-Profit Human Services Provider
Human Services Category: EMERGENCY AND SUPPORT SERVICES: SHELTER HOUSING,
TRANSITIONAL AND LOW INCOME RENTAL HOUSING; LITERACY PROGRAMS; FOOD AND
CLOTHING BANK; LOW INCOME HOME ENERGY ASSISTANCE; LONG TERM CARE
ADVOCACY; INFORMATION AND REFERRAL; JOB READINESS PROGRAMS.
· Emergency and support basic needs services are provided including emergency shelter,
transitional housing and Iow-income rental housing. Emergency energy assistance for Iow-income
renters and homeowners is available seasonally. The Federal Way Food and Clothing Bank
provides food to residents of the Federal Way School District and clothing to residents throughout
south King County.
· Administers the Washington Long Term Care Ombudsman Program advocating for the health,
legal and safety needs of individuals living in long-term care. Accepts, investigates and resolves
complaints and concerns, and writes legislation to affect change.
· Offers ESL, GED preparation, basic skills and citizenship classes and tutoring to residents living in
south King County. Fees may apply; scholarships are available in some cases.
· JobSUCCESS Program provides job readiness, resume building and job search skills, and barrier
reduction services to welfare recipients.
ST. FRANCIS COMMUNITY HOSPITAL
34515 9th Ave. S
Federal Way, WA 98003
(253) 838-9700
A Private Non-Profit Hospital
Human Services Category: HEALTH CARE
General and acute in- and outpatient medical services. 24-hour emergency capability. Urgent care
available for person without a physician. In and outpatient surgery. Special rehabilitation services,
oncology clinic. Birth Center. Cancer, arthritis, and bereavement support groups and pastoral care.
Public information forums. Special senior health classes and workshops. Medicare, medical coupons,
and private insurance accepted.
VALLEY CITIES COUNSELING AND CONSULTATION
33301 1st Way S
Federal Way, WA 98003
(253) 661-6634
A Private Non-Profit Health Center
Human Services Category: FAMILY SUPPORT
Outpatient therapy services; consultation and education; wellness workshops; trauma recovery
services; older adult services; homeless children's services; crisis/emergency services; day treatment
services.
34709 Ninth Ave. S
Federal Way, WA 98003
(253) 927-5347
A Non- Profit Human Services Provider
Services provided: HEALTH CARE; FAMILY SUPPORT
Offers a treatment program for perpetrators of Domestic Violence. Comprehensive, structured,
evaluation and treatment services for people with mental health and chemical dependency problems.
VIRGINIA MASON CLINIC
33501 1st Way S
Federal Way, WA 98003
(253) 838-2400
A Private Non-Profit Health Clinic
Human Services Category: HEALTH CARE
Full Service Medical Facility: Clinic hours are 8:00 - 5:00 Monday through Friday. Urgent Care Clinic
open 11:00 - 8:00 Monday through Friday and 9:00 - 6:00 Saturday and Sunday.
13
WASHINGTON ELKS THERAPY PROGRAM
P.O. Box 110760
Tacoma, WA 98411-0760
(253) 472-6223
A Non-Profit Human Services Provider
Services provided: HEALTH CARE - SPECIALIZED SERVICES
Provides physical and occupational therapy for developmental disabled persons under 21.
WASHINGTON WOMEN'S EMPLOYMENT AND EDUCATION
1209 Central Ave. South, Suite 105
Kent, WA 98032
(253) 859-3718
A Non-Profit Human Services Provider
Human Services Category: SELF-SUFFICIENCY
Helps Iow-income or unemployed women and men, including welfare recipients, prepare for
employment and find vocational training or jobs. Provides computer training to eligible Iow income
individuals. All graduates of WWEE's programs receive one year of follow-up case management and
retention services. No fees.
· :-WORLD VISION KidREACH
34834 Weyerhaeuser Way South
Federal Way, WA 98003
(253) 815-2064
A Non-Profit Human Services Provider
Human Services Category: PUBLIC SAFETY
KidReach provides one-to-one tutoring and mentoring for students in grades one through six who have
been identified by their teachers or counselors as being at-risk for academic failure and/or in need of
individual attention. Tutors and students meet once a week for one to two hours during the school year
with a goal towards decreasing juvenile crime and school drop-out rates by providing children with
long-term relationships with caring adults. The objective is to improve scholastic achievement,
increase acceptable school behavior, improve children's self-esteem, motivate parents to become
more involved in their children's education and help build community collaborations.
· :.YMCA OF GREATER SEATTLE
Federal Way Norman Center YMCA
33250 21st Avenue South
Federal Way, WA 98023-2875
(253) 838-4708
A Non-Profit Human Services Provider
Human Services Category: RECREATION SERVICES; CHILE CARE; FAMILY SUPPORT
The YMCA provides programs to support and strengthen children and families. All participants are
eligible to apply for financial assistance based on household size and income. Preschool Child Care
and School Age Enrichment programs are offered year round for children ages 2% - 12 years. Summer
Day camp and Literacy camp provide an outdoor environmental educational setting for school age
children. Recreational and non-competitive skill building sports programs are offered year round for
preschoolers through adults. Teen programs provide homework assistance, mentodng and
recreational opportunities. Evening and Saturday fitness classes provide healthy lifestyles for all age;
*.*.YWCA OF SEATTLE-KING COUNTY-SNOHOMISH COUNTY
P.O. Box 881
Kent, WA 98035
(253) 850-2181
A Non-Profit Human Services Provider
Human Services Category: RECREATION SERVICES; CHILD CARE; FAMILY SUPPORT
The YWCA provides homeless women and their children with transitional shelter and comprehensive
case management, including assisting the family with the development of a plan of action intended to
increase self-sufficiency. The YWCA also provides referrals to other community resources, including
employment counseling and healthcare services.
15
GOVERNMENT SPONSORED
AQUATIC CENTER OF KING COUNTY
650 SW Campus Drive
Federal Way, WA 98023
(253) 927-5'173
A Government Sponsored Program
Human Services Category: RECREATION
Provides public swimming, water aerobics
CITY OF FEDERAL WAY
· .'.Law Department
33530 '1st Way S
Federal Way, WA 98003
A Government Sponsored Program
Human Services Category: ADVOCACY
The City's Victim's Court Advocate works with domestic violence victims to help them understand the
prosecution process and communicate victim concerns to the prosecutor. The Victim Advocate also
assists the victims in finding community services she may need such as emergency shelter,
counseling, support groups, and other related services
Parks, Recreation & Cultural Services Department
33530 'lst Way S
Federal Way, WA 98003
(253) 66'1-4050
A Government Sponsored Program
Human Services Category: FAMILY SUPPORT; YOUTH SERVICES
Provides a variety of services through its Recreation Department, special events, programs for seniors
and people with disabilities, and community recreation programs.
Neighborhood Assistance Program
33530 1st Way S
Federal Way, WA 98003
(253) 661-4023
A Government Sponsored Program
Human services Category: INFORMATION AND REFERRAL
Neighborhood Matching Fund - The Neighborhood Matching Fund is a program where the City
partners with neighborhood, business and community service groups to improve the quality of life in a
neighborhood or the community as a whole. The City provides up to $2,500 for a wide range of
projects. Groups match their requests by providing volunteer labor for their project, generating in kind
gifts to the project or raising a cash match.
Neighborhood Emergency Team Program - The Federal Way Neighborhood Emergency Team
Program is the City of Federal Way's program to meet the need for decentralized community-based
disaster response. Like Block Watch, NET encourages neighbors to work together; participants will
have critical responsibilities re-assigned and will not waste precious time figuring out what to do.
Public Safety Department
34008 9= Ave. S.
' Federal Way, WA 98003
(253) 661-4600
A Government sponsoredprogram
· :*Human Services Category: EMERGENCY SERVICES/PUBLIC SAFETY
In addition to full police services, the Police Department, focusing on Community-Oriented Policing,
provides: Crime Prevention programs; Police Support Officer (P$O) services; Neighborhood Resource
Centers in two at-risk communities, which include youth programs; Victim Assistance Program
(including Domestic Violence Victims and other Victims of Crime); After-Hours Emergency Assistance
Program; High School Resource Officers; Explorer Post Program; Citizen Academy; Volunteer
Program and opportunities; Traffic School; Business/Residential/Commercial cooperation to improve'
quality of life and environmental issues within the City of Federal Way; and coordination with many
human service agencies in the community.
DEPARTMENT OF SOCIAL AND HEALTH SERVICES (DSHS)
1617 S 324= after January, 2000:616 So. 348= Street
.Federal Way, WA 98003 Federal Way, WA 98023
253) 661-4900
A Government Sponsored Program
Human Services Category: FAMILY SUPPORT; EMERGENCY SERVICES; HEALTH CARE; AND
HOUSING
Services include: Temporary Assistance to Needy Families (TANF), Alcoholism and Drug Treatment
and Support (ADATSA), Consolidated Emergency Assistance Program (CEAP), emergency
assistance, food assistance, general assistance, refugee assistance, medicaid, and child care services.
DEPARTMENT OF CHILDREN AND FAMILY SERVICE
1313 West Meeker #102
Kent, WA 98032
(253) 872-2665 - Children's Protective Services
(253) 872-2664 - Family Reconciliation Services
(253) 872-2270 - General Information
(DCFS)
A Government Sponsored Program
Services include adoption services, child foster care services, child protective services, and family
reconciliation services.
DEPARTMENT OF DEVELOPMENTAL DISABILITIES (DDD)
1313 West Meeker #102
Kent, WA 98032
(253) 872-6490 - General Information
DEPARTMENT OF VOCATIONAL REHABILITATION (DVR)
1715 S. 324= Place, Suite 300
Federal Way, WA 98003
(253) 872-2722- General Information
17
FEDERAL WAY SCHOOL DISTRICT #210
31405 - 18th Avenue S.
Federal Way, WA 98003
(253) 941-0100
A Government Sponsored Program
Human Services Category: EDUCATION
Provides the DARE program; Student Assistance Program which facilitates services based on
treatment plans when assessments result in need for intervention, i.e. substance abuse; training on
violence prevention; pm and after-school day cams and programs at various schools; counseling
agencies on site; drug and alcohol education; case management.
TRUMAN ALTERNATIVE HIGH SCHOOL
31455 - 28th S.
Federal Way, WA 98003
(253) 838-1004
A Government Sponsored Program
Human Services Category: EDUCATION
Contract based education. Volunteering, parenting classes, career programs, child care center.
ECEAPIHEAD START
Early Childhood Education and Assistance Project/Head Start
Federal Way School District
31405 18th Ave. S
Federal Way, WA 98003
(253) 945-2379 - Information
A Government Sponsored Program
Human Services Category: FAMILY SUPPORT; EDUCATION
Provides state/federal funded pm-school programs for children of Iow income families to meet their
emotional, social, health, nutritional and psychological needs. Health, vision, hearing, and
developmental screenings; referrals to community resources and transportation located at most
locations. Parenting classes.
HOUSING AND URBAN DEVELOPMENT (HUD)
909 First Avenue #200
Seattle, WA 98104-1000
220-5185
A Government Sponsored Program
Human Services Category: SELF-SUF,FICIENCY; HOUSING
Federal housing programs for home buyers, homeowners, and tenants in multi-family and single-family
housing. Information about FHA-insured mortgages; counseling for homeowners having difficulties
maintaining payments on federally-insured homes; referrals to HUD-approved housing counseling
agencies.
KING COUNTY DISTRICT COURT ADVOCACY PROGRAM
33506 - 10th Place S.
Federal Way, WA 98003
(206) 296-7892
A Government Sponsored Program
Human Services Category: VICTIMS' ASSISTANCE
Court-based legal advocates assigned to divisions of the King County Distdct Courts provide direct
services to domestic viblence victims through civil and criminal court proceedings. Also coordinates
services for victims, and provides legal training for other community-based organizations.
KING COUNTY HOUSING AUTHORITY
1103 - 9th Avenue SE
Auburn, WA 98002
(253) 931-6392
(206) 244-9552 - Section Eight Housing
A Government Sponsored Program
Human Services Category: HOUSING
Rental housing for eligible Iow-income persons provided at over 45 housing projects throughout King
County (excluding Renton and Seattle). No emergency housing. Serves families of 2 or more,
individuals with disabilities, and older adults, 62+. Rent is no more than 30% of adjusted income.
Clients may apply at any branch office; waiting lists exists. Section eight housing: subsidies for eligible
Iow-income persons. Clients must locate their own housing units, which must then be inspected and
approved. Clients must apply at the Section Eight office; extensive waiting lists exists.
*:.KING COUNTY HOUSING AND COMMUNITY DEVELOPMENT PROGRAM
700 Fifth Avenue, Suite 3700
Seattle, WA 98104
(206) 296-7640-Housing Repair Program
A Government Sponsored Program
Human Services Category: Housing Emergency Assistance
Low- and Moderate-income homeowners can obtain a no-interest loan, and in some cases, grants to
make necessary health and safety repairs to the home. Typical repairs include faulty plumbing, poor
heating, leaky roofs, or unsafe electrical wiring.
· :.KING COUNTY JUVENILE JUSTICE SYSTEM
A Government Sponsored Program
King County Juvenile Probation - Juvenile Probation Counselors monitor court-ordered conditions
such as school attendance, chemical dependency issues, mental health needs, and behavior in the
home and community. Probation counselors refer youth to local human service agencies for individu.
and family counseling and other services as needed. The Probation Department works closely with the
School District and Public Safety Department.
King County Juvenile Court Conference Committee Diversion Program - this program works with
youth 11-17 who have committed misdemeanor cdmes and are first time offenders. The goal is to
divert them from court. The youth go before a committee that reviews their case and recommends a
"sentence" which includes requirements of regular school attendance, counseling, and often
community service.
King County Court Youth-At-Risk Petition - Through this program parents can file a petition with the
King County court for youth who are having behavioral problems, but are not yet involved with the
juvenile justice system. The youth and the parent then appear before a judge where the youth is
ordered into appropriate services and actions such as counseling services, improving behavior, and
school attendance. In this case, the parent acts as the youth's probation officer. Youth who violate
this petition can be put into detention.
King County Youth Work Training Program - This program offers free employment assessment,
casework, skills training, education, support services, and placements in public and private sector jobs
(10-40 hours weekly) for out of school, Iow-income youth, ages 16-21, living in King County outside
Seattle. The summer program provides education, training, and employment up to 35 hours weekly at
minimum wage for youth, 14-21. Special services for high-school dropouts, ex-offenders, refugees,
veterans and at-risk youth. Pregnant teens and teen parents receive a coordinated program of case
management, medical care, parenting skills, counseling and employment services.
· :.PUBLIC HEALTH OF SEATTLE/KING COUNTY
33431 13th Place S
Federal Way, WA 98003
(253) 838-4557 or (206) 296-8410
A Government Sponsored Health Clinic
Human Services Category: HEALTH INFORMATION AND REFERRAL
Provides affordable family planning, treatment for sexually transmitted diseases, pregnancy testing;
WIC program and nutritional counseling for women, infants and children to age 5; public health nursing
home visits and infant classes.
SOCIAL SECURITY ADMINISTRATION
1019 West James Street, Suite 200
Kent, WA 98032
A Government Sponsored Program
Human Services Category: HEALTH CARE; SELF-SUFFICIENCY; INFORMATION AND
REFERRAL
Application and administration offices for federal Social Security, Supplemental Security Income (SSI),
Medicare, disability, and survivor and death benefits programs. Social Security retirement benefits are
paid to person 62 and older who have worked long enough to be eligible for coverage. Disability
benefits are paid to person with severe mental or physical conditions which are expected to last at least
12 months or result in death, and which prevent employment. Supplemental Security Income benefits
are paid to eligible Iow-income clients who are 65 or older, or under 65 and blind or physically or
mentally disabled. SSI recipients are eligible for medical coupons and may be eligible for Social
Security and food stamps, lc'
20
WASHINGTON STATE EMPLOYMENT SECURITY
2707 I Street NE
Auburn, WA 98002
(253) 931-3912
A Government Sponsored Program
Public Service Category: INFORMATION AND REFERRAL
Job service centers, throughout King County and the state, maintain listings of current jobs, including
state of Washington jobs for job seekers. Computers are also located in the centers with the
Washington State Home Page available on the Internet as well as resume preparation by clients. Job
counseling and placement for veterans. Telephone, fax service and information booklets available for
clients receiving unemployment benefits or wishing to file for benefits.
*:*WORKFIRST PROGRAM
1414 South 324t' Street
Federal Way, WA 98002
(253) 661-4966
A Government Sponsored Program
Human Services Category: EMPLOYMENT, SELF-SUFFICIENCY
Services are provided for clients referred from the Department of Social and Health Services who are
single parents.
ADDITIONAL COUNSELING AND HEALTH AGENCIES
GROUP HEALTH COOPERATIVE
301 S 320th
Federal Way, WA 98003
(253) 874-7000
A Private Health Clinic
Human Services Category: HEALTH CARE
Provides medical treatment for members only.
INTERCEPT ASSOCIATES
30620 Pacific Highway South #107
Federal Way, WA 98003
(253) 941-7555
Human Services Category: HEALTH CARE
State approved outpatient drug and alcohol facility, individual counseling and alcohol/drug information
school.
21
LAKESIDE MILAM RECOVERY CENTER
28621 Pacific Hwy. S
Federal Way, WA 98003-9300
A For Profit Human Services Provider
Human Services Category: HEALTH CARE
Provides out-patient drug services; drug evaluations; FREE evaluations, adult and adolescent
treatment; AIDS class; intervention and fully effective employee services; deferred prosecutions.
WESTERN CLINICAL HEALTH SERVICES, INC.
Federal Way Clinic
34507 Pacific Highway S., Suite 3
Federal Way, WA 98003
(253) 874-2030
Human Services Category: HEALTH CARE
Provides outpatient drug treatment services; methadone maintenance programs; pre & post-natal
programs for patients who are pregnant.
22
RELIGIOUS RESOURCES FOR EMERGENCY ASSISTANCEIOUTREACH
September 1999
All Saints Lutheran Church
27225 Military Rd. South
Federal Way
(253) 852-4884
Has small amount of gas assistance vouchers available. Call to receive assistance.
Bethel Gospel Park
414 SW 312th
Federal way, WA 98023
(253) 839-2486
A large clothing bank open to the public every Wednesday from 9 am to 1 p.m. Daycare and Preschool
open 5:30 am to 6:30 p.m. Monday through Friday for children 30 months (must be potty trained) to 12
years old, including a hot lunch program. Transportation provided to most local schools for before and
after school care. Retreat facilities offered. Alpha Ministries - Men and Women's transitional housing
program with a 12 step program meeting on Thursdays from 7:00 p.m. to 8:30 p.m.. H.I.S. Ministries
(Home Instructional Support) has classes Monday, Tuesday and Thursday. Life Academy of Puget
South Christian School meets daily. Day Sports Camp starting after school is out for the summer.
Overnight Youth Camps starting in July. C.A..P. (Civil Air Patrol) meets at our facilities on Tuesdays at
7:00 p.m..
Calvary Lutheran Church
2415 S. 320th
Federal Way
(253) 839-0344
Free Community Supper - Thursdays 5:00 p.m. to 6:30 p.m.
Christs Church of Federal Way
941 Dash Point Road
Federal Way
(253) 941-2711
Food bank Monday - Friday 10:00 am - 3:00 pm. People can access one time per month.
23
Christ Lutheran Church of Federal Way
2501 SW 320th
Federal Way
(253) 927-6969
Limited emergency assistance available for small needs.
Church of the Good Shepherd
345 S 312th
Federal Way
(253) 839-6100
They have emergency funds that they administer.
Need to call for an appointment.
Will help with motel vouchers and food assistance.
Federal Way United Methodist
29645 51 st Ave. South
Federal Way
(253) 839-9220
Sunshine Program. Will assist with utilities and prescriptions one time per year.
Heart to Heart Ministries
P.O. Box 7696
Bonney Lake, WA 98390
(253) 838-7588
A eleven week support program offered to post-aborted women dealing with difficult issues
resulting from their experiences. All the counselors have post-aborted experiences. The groups are
small in size of 4 to five women that meet for classes and are assigned homework. It is very
confidential and supportive. All women regardless of religious affiliation are welcomed. The programs
is offered in Pierce, King, Snohomish Counties
and meeting places is held in local churches in the area. If the group classes has already started, the
counselors will stay in contact with the individual periodically for support until a new group is formed to
start classes. A commitment is required from the individual to stay in for the duration of the prOgram.
The program is biblical based but no church doctrine is taught.
Nine Lakes Baptist Church
P.O. Box 3062
98063
(253) 838-4080
Limited assistance available.
Small food closet, limited amount for utility assistance.
24
Northwest Church
34800 21st Ave. SW
Federal Way
(253) 838-6321
Has a benevolence program they administer on a limited basis.to those who are regular attendees
(Food, Rent Assistance and Power) In general this program not available to non-attendees. Must
meet with the Pastor pdor to receiving assistance. Based upon scope of problem and what funds are
available. Pastor has the final decision to provide assistance. Church also sponsors a weekly food
bank which distributes food on a first come-first serve basis.
Our Saviour's Baptist Church
701 S. 320 Street
Federal Way, WA 98003
(253) 839-6822
Limited food bank from 10-3p.m.
Star Lake Church of God
27709 Military Road South
Federal Way
(253) 941-0684
Will assist with food and clothing.
of assistance they can provide.
Must talk with Pastor first. Pastor makes final decision on what type
Steel Lake Presbyterian Church
1829 South 308th
Federal Way
(253) 839-1210
Community Supper - Mondays 4:00 pm to 5:30 pm
St. Luke's Lutheran Church
515 S. 312th
Federal Way
(253) 839-0172
Operating Blessing Program - Monday, Wednesday and Fridays 9:30 am - 10:30 am. Will help with
rental assistance and power bills.
25
St. Theresa's
3939 SW 3315t
Federal Way
(253) 838-5924
Part of the St. Vincent de Paul Society. VVill make home visits to people in need and provide them with
emergency assistance. Amount varies on need (rent assistance, food and utilities) Need to make an
appointment.
St. Vincent's
30525 8th Avenue South
Federal Way
(253) 839-2320
Limited resources.
assistance.
Food and motel vouchers only.
No in person services available. Call for
26
SECTION
City of Federal Way Human Services Comprehensive Plan / 1996
COMMUNITY
PROFIJ "'
City of Federal Way tluman Services Comprehensive Plan
COMMUNITY PROFILE
This section of the Human Services Plan will examine the priority needs of low income
residents in Federal Way. The examination will begin with a hypothetical low income family in typical
~mstances and t]~,h the description of their challenges, obtain a sense of issues of great
concern for low income c~tizens in Federal Way.
A. Case Study
Irene is a single parent working at the average wage as a sales clerk: $7.12 per hour. She has
two children: eleven year old Marcus and three year old Betty. Irene is fortunate to work forty hours
per week, since many of her co-workers have only part time jobs. Irene lives in a two bedroom
apartment in Federal Way. The following lists the family's basic survival expenses:
Wage $7.12 x 40 hours/wk $1,234
Est. of Federal Income Tax -$114
Social Security Tax - $94
Net income $1,026
Average Rent (2 bed/1 bath) -$541
Basic household bills
($60 for utilities, $30 for phone) -$90
$395
As illustrated here, Irene has $395 per month available to pay for childcare, health care,
household items, clothing transportation and other expenses. Irene doesn't receive any child support,
although monthly payments have been specified in her divorce papers. Washington State requires
formal child support payments to be made through the Support Enforcement office, which reports
that they are only able to collect on 47% of the. cases statewide. Additionally, payments are based
on non-custodial parent's income; the minimum is $25 per month per child. We will examine the
details of how Irene juggles to make ends meet.
Financial Assistance: Irene would not be eligible for Aid to Families with Dependent
Children (AFDC), given that her income is above the State "Payment Standard." For a household
of three, Irene's monthly income would need to be at or below $546, in order to be eligible for AFDC
assistance, t (Eligibility requirements for AFDC and other forms of public assistance are described
in more detail in Section C ~- Income Distribution.)
Housing Costs: We see that Irene is paying 44% of her gross income for rent, 52.7% other take
home pay. This is average rent for a 2-bedroom apartment in Federal Way. Irene would likely seek out
subsidized housing to reduce this major expense. Although Irene is eligible, the King County Housing
Authority no longer accepts new applicatioris. The Section 8 housing program would provide fixed rent at
II-1
Cdy of Federal Way Human Services Comprehensive Prim
30% of her income equal to $370. Because of continuing reductions in federal funding, no additio
certificates are available and the Section 8 program is being reduced. The federal government has recent,.~
rescinded the ceiling on subsidized rents, and some housing authorities are increasing rents to meet annual
costs.
Graph # 1 gives us a closer look at
Irene's basic monthly expenses, based
on the following assumptions:
$653 childcare
$10 health care premium
$0 food ($2.62/day/persor~ Assumes
$236 food stamp subsidy)
$30 telephone
$ 541 rent
$50 car expenses or public
transportation
'$60 electricity
Total Expenses
$1,344
The total expenses according to this
graph are ~;1,344 compared to a monthly
net wage of $1,026. This is a wage-
expense difference of $318. It should be
noted that the above $1,344 does not include
entertainment, school supplies, or emergency funds.
Graph gl
[] Child Care [] Rent
[] Electric Bill I Transportation
~ Telephone I Health
clothing, household supplies, nor amenities such as
This budget assumes that Irene will receive the benefits
of federal and state programs such as food stamps, that are currently available to eligible low income families.
With the implementation of welfare reform in the next two to three years, reductions in many of these
programs are expected to occur, leaving fewer resources for families like Irene and her children.~ This change
will result in greater demand on local non-profit agencies serving low income individuals and families.
Childcare: Finding and paying for childcare is a major challenge for Irene. Childcare costs in the City
of Federal Way are as follows:
Average Weekly Rates
Average Monthly Rates
Infants: $111.76 $447.04
Toddlers: $102.92 $411.68
Preschool: $92.18 $368.72
Kindergarten: $86.!1 $344.44
School age: $71.22 $284.88
II-2
City of Federal }Fay Human Services Comprehensive Plan
For Irene these costs are $368 for her pre-schooler and $~ for her school age child. If Irene seeks
help with her childcare costs, she would find that Department of S6'~lal and Health Services (DSHS) childcare
subsidies are only available for public assistance recipients, while they are in the Jobs Program. Even for
those single parents, help with childcare is offered during on-the-job training, but not when they secure
employment. Some providers offer a sliding scale and Irene may find a provider at less than average cost.
The CARES Program, operated jointly by the Federal Way School District and the City of
Federal Way, provides subsidies for low-income working parents. In 1995, City funds served forty-
seven (47) families, providing subsidies for sixty-three (63) children. At the time of annual
enrollment, the CARES Program keeps a small waiting list in case some families withdraw. They do
not accept additional applications during the school year.
As with housing assistance, Irene would most likely find that, although she is eligible, limited
subsidy resources are quickly exhausted. Without assistance for child care costs, Irene may leave her
school-aged child unattended, and resort to an unlicensed caretaker or informal arrangement for the
younger child, if available. According to Child Care Resources, problems with daycare are the single
largest reason low income women leave their jobs.
Health Care: The best news in our example is that Irene can get health care for her children
through Healthy Options, the program that covers low income children, sponsored by the State
Department of Health and Social Services (DSHS) and she receives subsidized care for herself
through the Washington Basic Health Plan, paying $10 a month and a co-pay fee per visit.
Food: Irene would be eligible for food stamps through the Department of Social and Health
Services (DSHS). For a family of three, she could receive up to $236 per month in food stamps. The
federal Free/Reduced Lunch Program would provide lunch for her 11 year old during school. She
may also be eligible for WIC (Women and Infant Care) if her three year old has any chronic health
problem or vitamin deficiencies. The WIC program is administered through the Public Health
Department. Food vouchers through the WlC program are worth about $40 per month, and are
available for children up to 5 years of age with need for nutritional support.
Other Resrntrces: Irene is eligible for a federal income tax credit, under the current program.
She would get a lump sum of approximately $2,396. This sum will be a great help to Irene, enabling
her to take care of major needs such as car repairs, school clothes, appliances; but this is not a
resource for day to day expenses.
Given this gap between income and expenses, how does Irene make ends meet? She would
be one of the 12,700 or more who used the Federal Way Food Bank in 1995, her children are among
the 1,500 or more who use the Federal Way PTSA Clothing Bank at school. If she loses her daycare
or her job; has health problems or her car breaks down; Irene and her children could become one of
the hundreds of families seeking emergency shelter. In the section below, we will examine statistics
to estimate the magnitude of these difficulties for persons in Federal Way.
II-3
City of Federal Way tluman Services Comprehensive Plan
B. Resident Profile
The following section examines statistics from many data sources to ascertain how prevalent
these economic challenges are for Federal Way residents. According to the 1990 Census report, the
City's total population is 74,290, consisting of 25,758 households. The major points are highlighted
below, illustrating that in Federal Way:
Twenty-seven percent (27%) of City residents are children under eighteen years old: 20,800
children.2 This highlights the need for community facilities, childcare and supervised activities
for children.
Sixty-eight percent (68%) of working families have all adults working outside the home?
6.2% (4,600) of residents are over 65 years and 6.5% are between the ages of 55 to 64 years.2
Many senior residents and people with disabilities live on a limited income and require or will
require assistance with special needs.
Sixty-six percent (66%) of jobs in Federal Way are in service and retail, paying an average
from $4.90/hr to $7.12/hr.3
Thirteen percent (13%) of residents are at 50% of median household income or below.2
About 5,000 school age children in Federal Way School District boundaries are low income
and receive free or reduced lunches.
3,498 households are paying more than 30% of their income for rental housing?
Seven-hundred fourteen (714), housing units are subsidized?
Federal Way's population is becoming more ethnically diverse. The 1990 Census data
indicates that the City's population is 82.5% Caucasian, 7.1% Asian/Pacific Islander, 5.5%
Hispanic/Latino, 3.5% African American and 1.5% American Indian.2 In particular, Korean,
Hispanic/I~tino and former Eastern European populations are growing populations in Federal
Way.
II-4
City of Federal Way Human Services Comprehensive Plan
Age Breakdown
In the following graph, the Federal Way population is
represented by age group according to the 1990 census.
10%
9%
9%
20%
39%
6.5%
6.2%
at or below five years (7,429)
between six and eleven years (6,686)
between twelve and eighteen years (6,686)
between nineteen and twenty-nine years (14,858)
between thirty and fifty-four years (28,973)
between fifty-five and sixty-four years (4,829)
over the age of sixty-five (4,606)
Graph #2
Twenty-seven percent of Federal Way residents are under 18
years old, which represents 20,800 individuals. These are the highest percentages of children among
the Southwest King County communities. These proportions highlight the need for infrastructure and
community support systems such as child care facilities, recreation programs, community centers, and
parks.
Working Families
Graph
A primary factor in evaluating children's community
support needs is the availability of parental supervision. Graph
#3, using the data from the City of Federal Way
Comprehensive Plan Hearing Draft, illustrates that 52%
(13,394) of all Federal Way families have two parents
working, and 16% (4,121) have a single parent that works.
Although there is variation due to working schedules and
custodial arrangements, it can be assumed that most of the
68% of working parents need daily structured activities for
their children.
'~ par-.nta work
2 parents, mother wor]r~
Adequate programs and financial support for low income children's inclusion in community
activities and supervised care is essential to build safer communities. Lack of parental supervision
has many societal implications, including low academic performance and potential juvenile
delinquency. A study conducted by the United States Justice Department found that "the peak time
during which youths ages six to seventeen commit crimes is from 3 to 6 PM, between the end of the
school day and dinner.'4 Adequate supervision and activities for youth is an important component
in increasing public safety.
II-5
City of Federal Way Human Services Comprehensive Plan
Seniors
As reviewed earlier, 6.2% (4,606 people) of the Federal Way population is over the age of
65. Further, the statistics report 6.5% (4,829) of the City's population is between the ages of 55 to
64. Seniors are an important segment of the community to consider in evaluating service needs. We
can assume that a large proportion of seniors live on a limited income and many need, or will need,
specialized health, housing and other support services as they age. Programs which support seniors
through social activities, transportation assistance, minor home repair and other services enable many
to continue to live healthy and independent fives. A full spectrum of housing options is also important
for this population, including assisted living and nursing homes.
C. Income Distribution
Graph #4
Wages Distribution
Employment opportunities in Federal Way are
predominantly in two sectors: retail/trade and services. As
shown in Graph//4, based on the Federal Way Comprehensive
Plan, 66% of jobs consist of service and retail occupations, the
majority being lower wage jobs. Irene, our retail sales clerk,
earns an average hourly wage of $7.12. Waiters earn an
average hourly wage of $4.90. The majority of jobs within the
City of Federal Way are in this low income bracket, resulting
in a large segment with low wage earners.
Transportation
Construction (5.8%)
Finance/Real Estate (8%)
Manufaeturing (3.8%)
Government (12.1%)
Services (31.8%)
Retail/Trade (34.2%) -
Income Groups
Federal Way has a high percent of upper income households, which creates a median
household income 20% higher than neighboring jurisdictions. However, approximately one third of
City residents are moderate income or below. As illustrated in the following table using data from
the 1990 census, 13% of Federal Way residents have an income [ess than 50% of the county median
income, about 10,000 individuals. Like Irene, these residents may face many chronic stresses to
provide for their families and maintain an adequate standard of living.
II-6
City of Federal Way tluman Services Cornprehensive Plan
Household % of County Median ($36,179) % FW Residents it FW Residents
Income Level
Very Low 0-30% - less than $10,853 5.6% 4,160
Low 31-50% - less than $18,089 7.2% 5,349
Moderate 51-80% - less than $28,943 14.9% 11,069
Middle 81 - 120% o less than $43,415 25.9% 19,241
Upper 121%+ of county median income 46.4% 34,471
Table #1
These figures are reinforced by Federal Way School District data. In 1992, 8% of all students
(3,701) received free lunches and 4% (1,103) received reduced cost lunches. Free lunch is provided
to very low income families, at 30% of median and below. Reduced cost lunch is provided to low
income families, between 31% to 50% of median. This data indicates that a higher proportion of
young children are in the lowest income categories.
Fixed Incomes
The lowest income category includes households living on public assistance, social security,
and limited retirement resources. According to the Depart of Social and Health Services
(DSHS), about 1,658 households in Federal Way are currently~n Aid to Families with Dependent
Children (AFDC), which is one type of public assistance. The formula for the standard of need, based
on the federal poverty levels, estimates income required to meet basic needs as $1,233 per month for
a family of three. However, each state sets their own payment standards for public assistance
benefits. In Washington, the payment standard for a family of three is $546 per month, $6,552 per
year. In order to qualify for public assistance, the income for a family of three would need to be at
or below $546. Low income families may also be eligible to receive other benefits such as food
stamps and medical benefits. Eligibility requirements vary slightly for different types of public
assistance programs. Each case is assessed on an individual basis to determine eligibility. As
mentioned earlier, with the implementation of welfare reform in the next few years, changes in public
assistance programs are expected to occur, leaving fewer resources for low-income individuals and
families. ~
A population group with a significant number on fixed incomes is people with disabilities. The
1990 census estimates 1,864 disabled individuals in the City of Federal Way over the age of 16 years
living with a self-care or mobility limitation. The census data reports that of these, 887 are prevented
by their disability from working. Included in the category are persons with developmental disabilities.
According to DSHS, about 831 Federal Way households received state medical benefits for the
disabled in 1996. ~
II-7
City of Federal t4~ay ttuman Services Comprehensive Plan
Persons living with HIV infection are also considered disabled. The King County Department
of Public Health estimates that approximately 70-110 Federal Way residents are living with
HIV/AIDS. The Health Department estimate is based on a range, due to the fact that persons who
are HIV positNe are not mandated to report their health status to the Department. Only those
persons diagnosed with AIDS are required to report to the Health Department. The total number
of residents living with HIWAIDS is an estimate, based on the total number of persons with
HIV/AIDS in King County and the number of Federal Way residents living with AIDS.s
D. Housing
As our case study shows, housing costs are a critical factor in budget balancing for low
income households. What are the options available for families like Irene and others with low
incomes? The housing data in this section is based on the 1995 City of Federal Way Comprehensive
Plan and the Federal Way Community Profile published in 1993.
The City's 1995 Comprehensive Plan describes the current housing stock and projects housing
needs for Federal Way in detail. The Plan states: "It [homogeneous housing stock] creates a situation
where an increasing number of families find it difficult to obtain suitable housing in the community.
This includes senior citizens...empty nesters, young adults, students, young married couples and low
income workers.''6
Fifty-seven pement (57%) of the housing units in the City of Federal Way are owner-occupied
with a current average purchase price of $135,960 (1993 figure).3 Based on commonly used
standards of affordability, 35% of the current household incomes of Federal Way could afford to
purchase a home within the City in today's housing market. Home ownership is out of reach for
more than a third of City households without specialized programs to provide assistance, such as first
time home buyer programs. The lower income households in this profile are mostly limited to rental
housing, which is described below.
Rental Housing
Forty-three percent (43%) of the City housing stock is rental housing.2 The apartment market
is less expensive than rentals of single family homes. We will assume our lower income households
will be relying on the apartment rental market. Table #2 is a representation of the average costs for
various sizes of apartments in Federal Way.7
Ali Studio 1 Bed 2/1 Bath 2/2 Bath 3/2 Bath
Market Vacancy (%) 6.6% 7.9% 5.4% 8.0% 6.2% 7.9%
Average Rent ($) $549 $417 $471 $541 $605 $730
Table #2
II-8
City of'Federal IVay tlurnan Services Comprehensive Plan
The 1995 City of Federal Way Comprehensive Plan documents that 7% (847) of all renting
households are spending 30 to 34% of their income for housing, and 24% (2,905) of renting
households are spending over 35% of their income for housing. Therefore, a total of 3,498
households are putting over 30% of their income toward rental housing costs. This ratio may not
seem exorbitant for higher income households paying a mortgage, but as in our case study example
at the beginning of this section, the remainder left for lower-income households is often not enough
to meet on-going expenses for basic needs.
Subsidized and Assisted Housing
In the City of Federal Way, there 714 units of subsidized housingfi Three hundred seventy
nine (379) units are owned and operated by the King County Housing Authority and private
developments, established as low income units: 280 for families, 95 for elderly and disabled, and 4
for mentally ill persons managed by a mental health agency. The balance of the subsidized units in
Federal Way are private housing rented by households on the Section 8 program, the federal
program which provides vouchers to subsidize payments in private, market rate rental housing. The
Section 8 units are not specifically for Federal Way; rather they reflect the number of households
with King County certificates that have found their housing in the City. As mentioned earlier,
because of reductions in federal funding, there are no new Section 8 certificates; applications are
closed.
There are a few special needs housing units in Federal Way. The City zoning code defines
special needs housing to include: housing for seniors, people with disabilities, people with drug and
alcohol problems, safe houses, and pregnant teenagers. Two homes for former prostitutes
recovering from addictions and two houses for single men recovering from addictions are run by
local non-profit organizations. King County Mental Health Division reports that there are 130
supported housing beds in South King County for mentally ill persons, compared to a estimated need
of 750 units. Four units, mentioned above, are in Federal Way. No supportive housing for persons
with AIDS currently exists in the City, and few support services are available.
There are a few senior housing developments in Federal Way, offering units at market rates,
which total about 200 units. An additional 400 units of senior housing are cUrrently in the
preliminary review process with the City. All these units are built and operated by private developer
and, if completed as planned, would provide 300 units for Iow income seniors and disabled persons..
Additionally, 175 units are under permit processing for independent and assisted living; and permits
are being processed for operation of adult family homes.
E. Child Care
At an average cost of $410 per month for full time daycare for one child, childcare costs for
the lower wage working parent are difficult to cover. There are 163 licensed daycare providers in
Federal Way, with total child slots equal to 2,715. It is difficult to estimate child care needs within
the City, since parents who commute may arrange childcare near their employment, and some may
II-9
City of Federal V/ay lluman Services Comprehensive Plan
have care provided by family members. However, using earlier statistics of 7,429 children under five
years old and 68% of households with all parents working outside the home, we can conclude that
there is stiff competition for childcare slots, especially for lower income parents.
The primary information service in South King County for parents seeking quality childcare
is Child Care Resources, a regional service located in Kent. The agency reported serving 2,249
Federal Way families in 1995, compared to a projection of 1,500. The unduplicated number of
Federal Way parents who requested assistance in finding childcare in one year almost reaches the
total number of licensed slots in the City: 2,715. Clearly, lower income working parents face
childcare challenges of both adequate supply and affordable cost.
F. Ethnic Diversity
Another important factor in examining the Federal Way
community profile is racial and cultural diversity. Graph # 5
shows broad ethnic breakdowns for the City.
Additional material from the Federal Way School
District documents that in the 1994-1995 school year, 1,885
children were enrolled in the English as a Second Language
(ESL) program. This statistic supports the observation that
Federal Way's immigrant population has a high proportion of
recent immigrants, the two largest groups being Korean and
Spanish speaking.
Graph #5
American indian, EsMmo, Aleut
H~p~ 5.5%
~ or Pac~ h~d~r 7.1%
~ ~c~c~ 3.5%
Caucasian g2.$%
Participation by various ethnic groups in economic, cultural and civic aspects of community
life is important to build strong neighborhoods, a healthy economy and good quality of life. In
human services, attention to diversity is essential for effective services. ServiCe data shows a higher
percentage of diversity among human services clients than in the overall population. Attention to
diversity translates to availability of bi-lingual services, community outreach, staff recruitment and
training. Additionally, social and health services are most effective when provided by persons who
understand the cultural perspectives of their clients.
G. Additional Indicators
The data analyzed above focuses primarily on financial problems in meeting basic needs faced
by low income persons in Federal Way. In this next section, the Human Services Community Profile
will review other priority concerns in the delivery of human services for the City. Special attention
'afill be placed on goals as outlined by the Federal Way City Council: meeting basic needs, improving
public safety, supporting self sufficiency, and strengthening neighborhoods.
II-10
City of Federal Way Human Services Comprehensive Plan
The additional indicators summarized include homelessness, violence, crime, troubled youth,
and specific health concerns of teenage pregnancy and drug and alcohol abuse. A highlight of the
data detailed in this section document the following:
A survey of South King County emergency shelter providers indicated that approximately
1,200 City residents were sheltered in emergency housing in 1995.
FiRy-three (53) Federal Way youth were identified as homeless through the Homeless Youth
Outreach Program in the first two months of 1996.8
In 1995, the King County Prosecutors office reported that 480 domestic violence cases were
prosecuted within the City.9
King County Sexual Assault Resource Center (KSARC) reported serving 151 Federal Way
residents in 1995 for sexual assault trauma. Of these, 47% were under 12 years of age. t°
Child Protective Services investigates over 800 cases of child abuse and neglect in Federal
Way each year.
The Federal Way School District Security report documents 1,682 incidents of violence and
crime, alcohol and drug incidences on school grounds in 1995.u
A report from the Seattle-King County Department of Public Health indicates that teenage
pregnancy in Federal Way has the fourth highest rate among South King County cities.~2
According to a report by the Office of Research and Data Analysis and Division of Alcohol
and Substance Abuse at the Department of Social and Health Services (DSHS), only 21% of
Iow income persons needing substance abuse treatment receive it.
Homelessness ~
As our case study illustrates, many low income households in Federal Way are at risk of
homelessness due to lack of financial resources. A long illness, car breakdown, reduction in work
hours, loss of a child care provider; any one of these events could push Irene out of her housing.
Once in this situation, the average time it now takes for a family in the shelter system to get back
into permanent housing is 18 months, according to the Seattle-King County Coalition for the
Homeless. The definition of homeless used by shelter organizations is stated as:
"...an individual or family which 1) lacks a fixed, regular and adequate nighttime
residence: or 2) has a primary nighttime residence that is a supervised shelter .... or
institution that provides temporary residence..."~3
A first step to estimate the number of homeless persons in Federal Way is to review statistics of local
service providers. The following data covers major South King County providers:
Federal Way School District enrolled more than 150 homeless children ir~ their
specialized homeless program in 1995.
South King County Multi-Service Center provided emergency and transitional
housing to 199 Federal Way residents, with total of 4,214 bed nights in 1995.
Salvation Army distributed motel vouchers to 367 Federal Way residents with a
II-11
City of Federal Way Human Services Comprehensive Plan
total of 506 bed nights in 1995.
In the first two months of 1996, the Homeless Youth Outreach Program of
Auburn Youth Resources (AYC) contacted 53 homeless youth in Federal Way. In
addition, AYC housed 19 Federal Way youth in 1995, out ora total of 172 youth.
Federal Way Community Caregiving Network 'housed 409 residents in 1995.
Domestic Abuse Women's Network (DAWN) housed 22 Federal Way women and
their children for 361 bednights in 1995.
This yields a total of approximately 1,200 Federal Way cases served by emergency housing
programs in 1995. It is important to note that this is an estimate of the number of homeless persons
in the City, based on the information available. Due to the nature of homelessness, it is difficult to
obtain an unduplicated count. Many individuals and families move from shelter to shelter before
they secure permanent housing, since only short-term emergency housing is available. As a result,
homeless individuals are served by more than one agency. The majority of these cases are families
with children, since the emergency shelters in the County serve families and youth only. The
voucher programs include a smaller percentage of single adults.
This service total reflects the level of shelter services available, not level of need. For
example, the South King County Multi-Service Center turns away six people for every one they
serve, due to lack of space. Additionally, aside from two houses for single men operated by
HomeStart and four condominium units for single mothers that will be operated by the Federal Way
Community Caregiving Network, the only emergency shelter resource available in the city of
Federal Way is the voucher programs, which provide housing for only a few nights.
There are also homeless single adults, youth and sometimes families who camp out in wooded
areas of the City or sleep in their cars. No estimates are available of the numbers of homeless
people who are not served by the shelter services in Federal Way.
Homeless Youth
We also know there are homeless teens who camp out and couch surf', meaning they move
from couch to couch at the homes of friends. In 1996, Auburn Youth Resources has implemented
a new homeless teen outreach program which provides concrete data on the extent of this problem
in Federal Way. In the first two months ofprogr.am operations, the outreach staff has worked with
fifty three (53) homeless youth in the City. Additionally, a King County sponsored homeless count
stated:
"...In an April 1994 one-night count of sheltered and unsheltered homeless
youth, Federal Way and Renton were among the areas in the County with significant
numbers of homeless youth. A week-long count conducted at the same time
identified 29 homeless youth in east King County and 59 in south King County." t4
For youth who become homeless,, there are no shelter services available in the City. The
closest emergency shelter is in Auburn and has six beds. In South King County, there are thirty six
II-12
City of Federal Way lluman Services Comprehensive Plan
(36) transitional beds for teen mothers and twenty (20) for homeless youth.
The lack of services for this population can have far reaching consequences. Youth in crisis
often go to Seattle for services, and look for support in the streets of the University District or
downtown Seattle. Risks of further harm and victimization is great for these youth, many of whom
leave home due to abuse, family violence and/or parental substance abuse. If a homeless youth
leaves the community, he or she loses contact with positive support systems including school,
friends, and neighbors. Efforts at family reconciliation are severely thwarted and a crisis that may
have been short term can become a long term problem.
Availability of shelter, transitional housing, and advocacy services are important for homeless
teens. With effective intervention and support services these teens most in need can utilize essential
support services that they are eligible for. Establishing a positive relationship with an agency and
adults can enable homeless teens to identify positive options.
Violence
Domestic violence is a serious societal problem that escalates without intervention and
damages all family members exposed to it. In 1994, 27% of all homicides in Washington State were
due to domestic issues. It is estimated that 50-75% of male batterers also abuse their children, and
one study documented that 70% of children in battered women's shelters have been found to be
victims of physical abuse or neglect. ~5 Witnessing domestic violence has far reaching and serious
negative impacts on children as well. Problems include eating and sleeping disorders, higher rates
of delinquency, substance abuse and suicide, lower school achievement and poor peer relations.
Studies conclude that fi-om 50-80% of male child witnesses grow up to repeat the cycle. One study
found that daughters of battered women are 6.5 times more likely to be sexually assaulted than girls
from non-violent homes.
Domestic violence citations issued in the Federal Way district increased by 10% between 1994
and 1995. Out of approximately 1,000 cases processed by the Federal Way District Court in 1995,
480 cases occurred within the City of Federal Way.9 National Crime Survey data reveals that
nearly half of all incidents of domestic violence are not reported to the police. ~5 Further studies
estimate that there are thirty-five (35) incidents of violence before the first police call.~6
A range of services are needed for effective prevention and intervention in domestic violence
incidents. Public education, advocacy and legal services, medical and counseling services, victim
protection, among others. Coordinated efforts by police, prosecutors and human service agencies,
are most effective in assisting families and community members to stop the cycle of violence.
Sexual assault is a devastating crime with far reaching impacts on the physical and psychological
health of its victims. Thirty-one percent (31%) of all rape victims develop Rape-Related Post
Traumatic Stress Disorder, which can be. debilitating Unresolved trauma from sexual assault can
lead to major drug or alcohol abuse. Childhood sexual abuse produces psychological damage that
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City of Federal }flay Human Services Comprehensive Plan
often lasts into adulthood. Adult survivors of childhood sexual abuse may exhibit depression,
anxiety, sleep disorders, dissociation and low self esteem. Studies from the University of
Washington show that 66% of pregnant adolescents reported being sexually abused, 62% prior to
their pregnancy. ~?
Police statistics document 90 reported rapes in 1994 and 71 in 1995 in the City of Federal
Way. t8 A National report entitled Rape in America states that only 16% of rapes are reported to
the police. Because of the high level of community awareness in the Pacific Northwest, the
percentage of incidents reported may be higher than the national average. The King County Sexual
Assault Resource Center provided sexual assault services to 151 Federal Way residents in 1995.
Professional and crisis intervention services to victims of sexual assault and their family
members is critical for recovery from the trauma, as well as important for prosecution. Although
police records show 71 reported rapes in 1995, they also show 16 adults arrested for rape during
this same year.
Child abuse and neglect: Graph #6 illustrates the
number of children accepted by Child Protective
Services (CPS) in the city of Federal Way. In both
1992 and 1993, physical abuse, physical neglect,
and sexual abuse were the top three types of abuse
reported by Child Protective Services. Over 800
cases were accepted in 1992 and 1993 involving
these serious forms of child abuse.
As with many other service areas, this graph
is an illustration of the number of cases accepted
for investigation by CPS, and does not reflect actual
prevalence of the problem. Early and effective
intervention with these troubled families and abused
or neglected children is critical to prevent further
victimization and other adjustment problems that
impede successfi~l development and self sufficiency
as adults.
400
350
300
Graph #6
250
2O0
150
100
50
0
0- 5 years 6-12 13-17 Unknown or 17+
[] 1991 [] 1992
a 1993 I 994
II-14
City of Federal Way Human Services Comprehensive Plan
Troubled Youth
In addition to the serious trauma children experience that are counted in the statistics listed
above, other data signaling youth in need include school drop-out rates, drug and alcohol usage,
incidents of youth violence and teen pregnancy.
School drop-outs: The Federal Way School District reports a dropout rate in the 'regular
schools' of 5.2% in the 1993-1994 school year and a rate of 5.4% in 1994-1995, excluding the
alternative school. At the alternative high school the drop out rate is dramatic: 38% dropped out
in 1993-1994 and 43% dropped out in 1994-1995. In general, this is attributed to the district's
strict "no tolerance" policies. Students in the alternative school are required to have drug/alcohol
assessments and random drug tests. If treatment plans are called for, compliance is required. This
may include Alcoholics Anonymous or Narcotics Anonymous meetings, other group or individual
counseling, and other services.
There are variety of reasons for suspension or expulsion of students in the Federal Way
School District. In particular, any incident of drug, alcohol, or weapon possession in school results
in automatic suspension. In the 1993-1994 school year, there were 72 long term suspension;
defined as suspended for the remainder of the semester. That same year there was one expulsion,
defined as suspension for the whole year. In 1994-1995 school year, the Federal Way School
District issued 161 long term suspensions and 9 expulsions.
Youth who drop out or are expelled from school are at great.xisk for delinquent behaviors and
criminal activity. Policies to prevent this alienation from school and services to intervene and offer
options for youth at risk are important components in public safety improvement efforts.
Violence and crime among youth: Federal Way School District data also provides reports
on use of drugs and alcohol in school, fighting on school grounds, theft, and weapon possession.
The following information was obtained from the Federal Way School District Security Report. ~t
1993-1994 1994-1995
Arrests 150 73
Assaults 406 302
Drugs/alcohol 69 99
Fights 270 319
Gangs 117 39
Theft 263 264
Trespassing 117 93
Vandalism 4'44 396
Weapons 88' 97
TOTAL IN;CIDENTS:
1,924 1,682
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City of Federal Way Human Services Comprehensive Plan
The reduction in overall incidents shows the school district's success in getting these
behaviors out of school campuses. Although a number of these indicators are reduced such as
gang-related activity, trespassing and vandalism, others have increased including weapons
violations, drug and alcohol incidents and fights. Combined with crime data reviewed below which
are often attributed to teenagers, a conclusion could be reached that the problems may be moved
off school grounds, but not out of the community.
Effective interventions beyond punishment are critical for youth. All of these behaviors are
warning signals that can lead to serious crime. The Department of Public Health reports that
youths ages 15-24 years old have the highest homicide-victim rate in King County. According to
the National Institute of Justice Journal, adolescent problem behaviors such as substance abuse,
delinquency, teen pregnancy, school drop-out rates, and youth violence are directly correlated to
family management problems and extreme economic deprivation.
Crime
Robberies in the city of Federal Way have increased
from 160 in 1993, to 189 in 1994, to 225 in 1995. Auto ~ooo
thefts have risen from 611 in 1993 to over 1,000 in 1995.
Detective Jake Ziminsky, who investigates auto thefts at
King County's Federal Way Precinct, estimates that 40% of 4oo
all auto thef~ cases involve juveniles. As is illustrated in 2oo
graph #7, robberies, auto thefts, and aggravated assaults o
have all increased in the past three years.''19 King County
Division of Juvenile Parole supervises youth convicted of
crimes that reside in the community. Currently, 125 youth
are on probation or parole in Federal Way.
Graph #7
Auto Theft
Robbery
Aggr&vatcd Assault
] 1995
The incidents of violence, crime and youth problem behaviors call for focused and effective
intervention services. As a high priority for human services resources, services to improve public
safety are most effective if they include early intervention; prevention for high risk families and
their children; and collaboration with the systems that intervene in crime, violence and child abuse
and neglect cases.
Health
The Department of Public Health's 1995 report entitled Healthy Children, Youth and
Families in King County provides statistics on many health issues. In general, the city of Federal
Way reflects the same health challenges as other areas of South King County. However, a couple
of areas reflect special problems in Federal Way that warrant attention. These needs highlight
priority service areas that are important for the City's goals.
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City of Federal }Fay Human Services Comprehensive Plan
Prenatal care and teenage pregnancy
Federal Way is one of only two cities in King County in which the percentage of women
receiving late or no prenatal care increased instead of decreased between 1986 and 1993. The
statistics report that 4% received late or no prenatal care in 1986, and 6% received late or no
prenatal care in 1993. Further, Federal Way had 35 births to teen mothers in 1993. This is a rate
of more than 25 per thousand 15-17 year old females. South King County as a whole has higher
rates of births to teen mothers than in the county overall, with total numbers surpassed only by
Southeast Seattle and White Center.2° Federal Way rates among the top jurisdictions in King
County for teenage birth rate.
Drug and alcohol abuse
Drug and alcohol abuse are directly related to the public safety problems cited above. Many
studies show a direct link between drug and alcohol abuse and domestic violence, crime, child
abuse and neglect, and behavior problems among youth. Although statistics are unavailable for
the City of Federal Way specifically, data analysis performed by the Office of Research and Data
Analysis and Division of Alcohol and Substance Abuse at the Department of Social and Health
Services (DSHS) provides helpful information.
The same addiction and substance abuse rates were found for all adults regardless of income
in King County. Income is not a statistically significant factor, bu,t~t is a critical factor in access
to treatment and other support services. The analysis determineo-rlaat only 21% of low income
residents in King County who need drug treatment receive it'2' Services to address alcohol and
drug abuse are an important component of effective interventions to improve public safety and
support at risk youth and their families.
Summary
The Community Profile section of the Federal Way Human Services Comprehensive Plan
provides an overview of key factors to consider in human services delivery and presents data to
estimate the prevalence of problems central to the City Council goals. Use of a case study example
illustrates the chronic challenges many working families face in meeting basic needs and covering
the high costs for housing, childcare and other expenses. Demographic data is reviewed to
estimate level of need due to limited incomes, and other statistics are presented that examine
specific societal challenges. These include homelessness, violence, crime and health concerns.
Federal Way has a population of 74,290 with 25,758 households, the vast majority of whom
are working families. Twenty-seven percent (27%) of Federal Way residents are children and six
percent (6.2%) are seniors. Sixty-eight percent (68%) of families with children have all adults
working outside the home. The City has a culturally diverse population, including almost 2,000
children in the Federal Way School District who speak English as a second language.
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City of Federal }Fay Human Services Comprehensive Plan
A review of housing stock and rental housing costs in Federal Way illustrates that lack of
affordable housing is a significant barrier to financial self sufficiency for thousands of Iow income
households. The 1995 City of Federal Way Comprehensive Plan, based on 1990 data estimates
3,498 households paying more than 30% of their income for rental housing. There are 714 units
of subsidized housing in the City and a few housing programs for persons with special needs, such
as mentally ill, those recovering from drug or alcohol addiction and transitional housing for
homeless families.
Federal Way has its share of homeless men, women and children, with over 1,200 cases of
homeless services provided to City residents in 1995. There are significant numbers of homeless
youth in the City, and over 800 cases of child abuse and neglect accepted by Child Protective
Services each year. Domestic violence and sexual assault crimes are significant problems in
Federal Way. Problems of crime requiring collaboration with human services include domestic
violence, sexual assault, and adolescent crime of all types. Teenage pregnancy and alcohol and
drug abuse are community concerns in Federal Way that call for prevention as well as early
intervention services.
II-18
-,S'E:CTIO'N
City of Federal Way / Human Services Comprehensive Plan / 1996
HUMAN SERVICES
SYSTEM
City of Federal It/ay Human Services Comprehensive Plan
HUMAN SERVICES DELIVERY SYSTEM
A.,: General Desc~pfion
, ..'::~ ' T~s se~ion of the City of Federal Way's Hum~ Se~ Comprehensive Pl~ ~11 pr6~de
=~e~ew of the ~ defive~ system a~lable to Ci~ resid~. A gener~ description 0~es
6~°~tio~ ~d the ~ces they provide ~e listed bel°w. Relev~t trends ~d poli~ changes
in human services delivery are highlighted, as well as service capacity considerations in the priority
~ areas identified by the Federal Way City Council.."The conclusion highlights factors that impact the
'de.~ign of the human services strategies, which Will be the last section of the plan:
Private Non-profits
The diverse system of private non-profit social and health service agencies is the predominant
resource available to meet the needs of Iow income persons in Federal Way. Development of local
non-profit agencies has not kept pace with the population growth of the City since 1980. Most of
the service providers located in the City serve small numbers of people. Because of this, City
residents rely on many regional services, often traveling to other cities to get assistance. In recent
years, more regional service providers have responded to needs in Federal Way through satellite
offices, outreach services and other arrangements to improve access to their services by Federal Way
residents in need.
Services provided by non-profit agencies include: emergency assistance of food; shelter;
clothing; medical and dental care; crisis and victim assistance programs; counseling and advocacy
services; classes and groups to develop skills (anger management, parent training, peer support,
literacy, job training); drug and alcohol abuse treatment; transportation assistance; recreation
programs; and many more. Appendix A contains a list of major service providers located in Federal
Way and agencies serving significant numbers of Federal Way residents.
Governmental Services
The primary role of government regarding social and health services is through funding of
private non-profit agencies and setting policies and legislation that require certain services and models
of delivery. There are specific areas in which government does provide direct services, which are
outlined below:
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City of Federal Way ltuman Services Comprehensive Plan
Seattle-King County Department of Public Health
The Department of Public Health of Seattle-King County provides certain categories of
personal health services to individuals. These include immunizations; treatment and prevention of
sexually transmitted diseases; tuberculosis control; AIDS education and testing; and family planning
services. Public health nurses provide outreach, health education and home-based services to young
children and their parents in cases where there is concern of potential child abuse and neglect.
Maternity support services are also provided to pregnant women who need education and support
to adequately care for their fetus and infant.
The Federal Way Public Health Clinic operates specialized clinic services weekly, including
an adolescent clinic as well as maternal and child health services. Also, it serves as the local provider
of the federal Women, Infant and Children Program (WlC Program) which serves 1,850 clients each
month. This program provides vouchers for basic nutritional food items such as milk, cheese and
cereal for underweight and anemic low income children five years old and younger.
The Public Health Clinic also serves as the primary care provider for children up to 21 years
old, as a provider within the Healthy Options Program and for the uninsured. The Public Health
Clinic has a sliding fee scale based on income, with the minimum payment zero. Childbirth education
classes, parenting classes, and classes for new mothers and infants are offered. Interpreters are
provided when needed.
Federal Way School District
As the public institution providing educational training to children, the Federal Way School
District has a primary role in provision of supportive services for children. The District collaborates
with many service agencies, providing use of school facilities for on-site services, and making referrals
to children and families. Many community-based agencies use school facilities to provide services
on-site. These include: child care programs; Head Start and ECEAP (Early Childhood Education
Assistance Program); and before and after school programs. Federal Way Youth and Family
Services, Valley Cities Counseling, the Boys and Girls Club, and YMCA offer services in schools,
with once or twice per week schedules.
The District operates a Student Assistance Program, an intervention program from
kindergarten through grade 12 that refers children'for assessments and services. Using a team of
teachers who volunteer to participate, the program links students with behavioral problems to
appropriate services, for drug and alcohol assessments at the secondary level, and offers risk-
prevention assessments for students who have been disciplined for weapons or other violence-related
issues. Federal Way Schools als° provide drug/alcohol education, violence prevention training, and
after-school activities in the junior high schools that focus on social skills. The alternative school,
Truman High School, provides a full array of services on-site including mandatory drug/alcohol
testing, support groups, counseling, and anger management training.
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City of Federal i~'ay Human Services Comprehensive Plan
City of Federal Way
The City's Park, Recreation and Cultural Services Department develops and manages
a system of parks and recreation activities for City residents. Three citizen commissions work with
Parks Department staff in fulfilling its responsibilities, including an Arts Commission, Parks
Commission and Youth Commission. The Department's Comprehensive Park, Recreation and Open
Space Plan completed in 1995 reports population projections of 113,050 by the year 2020, and details
goals for land acquisition as well as parks and ballfields development to accommodate the growing
population.
A wide range of direct services are provided by the Parks Department; such as: recreation,
education services, and cultural opportunities; arts and crafts classes; and youth athletics. Youth
athletic programs included 5,600 participants in 1994 and adult athletics included 4,251 persons that
same year. The Parks Department has been providing $3,000 to $5,000 in recreation class fee
subsidies every year to enable participation by low income residents. In 1996, class fees have been
increased and due to budget constraints the Department is evaluating other ways ..t,o provide
scholarships. The CARES Program, funded through the City's Human Services Division is also a
service of the Parks Department. This program pays child care subsidies for low income working
parents.
The Klahanee Lake Community/Senior Center is a City facility serving seniors and special
populations with podiatry services, senior rights assistance, a senior lunch program, and a Korean
Elder Lunch program. This center serves approximately 200 seniors per year. Agencies also provide
services in the facility including Meals on Wheels and the Senior Transportation Program. Teen
activities are provided at the Klahanee Center: a Friday late night program, basketball games and
special events are managed by Parks Department staff.
King County Department of Youth Services, Division of Juvenile Parole
Housed locally at Truman High School, King County Youth Probation Officers have a full
range of services to provide in their community supervision of Federal Way youth on probation and
parole. Services include close supervision of the Community Placement Plan such as requirements
for school attendance; drug testing and treatment; counseling services for youth and/or their families;
job placement assistance; and other services as needed. Currently approximately 125 juveniles are
on the Federal Way caseload.
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City of Federal [Fay Human Services Comprehensive Plan
Volunteer and Church Based Programs
Federal Way has many churches that provide limited emergency assistance. Aside from the
churches that participate in the weekly community suppers, the assistance available consists of small
amounts of food, clothing, transportation funds or emergency rent money, arranged by appointment
or to congregation members.
Volunteer and church organizations also provide a variety of support programs. Alcoholics
Anonymous, Narcotics Anonymous, and Al-Anon (groups for adult children, family members, and
friends of alcoholics) are sponsored in many church facilities. Special programs for youth, including
tutoring, mentoring and recreation programs are also provided. Appendix A also lists local churches
that have on-going human services programs.
B. Trends
The description of services and the list of organizations in Appendix A convey an image of
a wide array of assistance available to help citizens in need. But as our case study at the beginning
of this plan illustrates, the reality of access is much more limited. In this section, the plan will review
trends and policy changes that effect local human services in City Council priority service areas.
Significant changes are occurring from the federal level downward which impact the human services
system that Federal Way low income residents rely on. A brief overview of these major factors will
be taken into account in designing City of Federal Way human services strategies.
Moving authority down to the local level
A significant trend moving forward during this time is the delegation of authority from the
federal to the local level. Federal funding and regulations will most likely be reduced and in many
cases block granted, greatly reducing the federal role in categorical funding. The states, counties and
municipalities will have increased authority in maintenance and delivery of "safety net" services and
specialized human services support systems. One expected change is in the federal funds for homeless
shelters and support services. The City of Federal Way may choose to be a more active participant
in designing policy at the state and county level. The King County Consortium, of which Federal
Way is a member, will expand its role in managing resources to include other regional services. It
is anticipated that, as federal funds are block granted to the states, the allocation totals will be
reduced. This situation will create pressure on local governments to increase funds for services and
create pressure on agencies to continue to serve more people with less funds.
Reductions in federal funds
Reductions in federal support have impacted a number of areas of' health and social services.
As the recent federal budget deliberatiofis indicate, the debate around human services funding has not
III-4
City of Federal Way Human Services Comprehensive Plan
been about whether to cut or not, but about how much to cut. Preparing for these federal funding
reductions is essential for local governments and non-profit agencies.
The South King County Multi-serVice Center, along with other CAP (Community Action
Programs) agencies have had significant funding reductions. The LIHEAP (Low Income Home
Energy Assistance Program), went from a funding level of $1,414,134 in 1994, to $1,280,200 in
1995, to $1,045,188 in 1996; a loss of $368,946 since 1994. This major reduction in federal support
for energy assistance puts more households at risk of homelessness. Additionally the same agency
lost an additional $91,780 in other federal emergency funds from 1995 to 1996.
The Emergency Food Assistance Program (TEFAP), which supplied USDA food to food
banks and food distribution centers, was eliminated in 1996. This program distributed 1.8 million
pounds of food commodities in Washington State in 1995. Local food banks are not able to make
up that loss with local donations.
Reductions are anticipated in many areas of federal funding in the next few years. Major
changes in how federal housing support will be provided in the future effect local government's
options for increasing low income housing stock, effect local housing authorities' budget resources
and policies, and impact low income citizens in need of housing assistance. The federal Deparment
of Housing and Urban Development (HUD) will expect housing authorities to become more self
sufficient, resulting in many housing authorities adopting policies to raise rents and take higher
income households. With the elimination of Federal "preferences," a policy which gave homeless and
domestic violence victims higher priority, obtaining housing for homeless families may become more
difficult. Without increased housing stock, these changes result in fewer resources for low-icome
individuals and families. State and local governments need to take an assertive and proactive role in
planning for the housing needs of all income levels in their jurisdictions.
Role and funding by King County
As more areas incorporate, King County's tax revenues are reduced and the County is
reevaluating its responsibilities in funding human services within incorporated areas. Important
negotiations will continue between King County and suburban cities regarding funding levels and
definitions of regional and local services. Along with other suburban cities, Federal Way policy
makers are participating in these deliberations. The Regional Policy Council will be reviewing
process recommendations as designed in the King County Community Services Strategic Plan.
Services affected by this plan, and potential King County cuts it may call for, include funding of youth
serVice bureaus, child care subsidies, senior centers, domestic violence victim services, emergency
shelter funding and others.
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City of Federal Way ltuman Services Comprehensive Plan
Health Care Delivery System
The expansion of the Healthy Options Program by the state legislature in 1995 has increased
financial accessibility to medical services for families and individuals up to 200% of poverty, and
dental services for children. Still in the early implementation stages, the expanded coverage is
increasing the number of low income persons with health coverage. Specialized staff to enroll
patients and explain the new managed care systems to people on Medicaid are working to bring
coverage to more persons who are eligible. Simultaneously, new 'self pay' systems have been put
in place by clinics to collect the patient portion of coverage plans and improve their financial stability.
Expanded Medicaid reimbursement is a significant improvement. However, the established
Medicaid reimbursement rates do not cover costs. For clinics that have received federal approval to
be called a Federally Qualified Health Centers (FQHC), enhanced levels of Medicaid reimbursement
are available that cover [he costs of care. However for private doctors, the major source of medical
care in Federal Way, the regular rates are inadequate to cover real costs. This is a great disincentive
for private physicians to take Medicaid patients.
The King County Prepaid Health Plan now includes expanded mental health coverage for low
income children. This is a dramatic change which for the first time enables providers to get Medicaid
reimbursement for a wide range of mental health services for youth and their families, up to 200%
of poverty. Previously, the publicly funded mental health system provided coverage for severe mental
illness only. Children with milder diagnoses, developmental and behavioral problems were not eligible
for assistance. The new system increases financial reimbursement, and therefore access, to low
income families and children. However, it is a highly bureaucratic process requiring intensive
screening assessments and paperwork from agencies. Just begun in April 1995, the many adjustments
to make this a smooth system are still in process.
City of Federal Way Functions
The City of Federal Way is transitioning all police responsibilities from a King County
contract to City management by November 1996. Using a community policing model, the new Public
Safety Department intends to implement close relationships with citizens, schools, and businesses.
The City will also begin prosecution of domestic violence cases within the City limits about the same
time. These changes give the City greater opportunity to establish consistent approaches and
coordinated follow through to increase public safety, accountability and effective service delivery for
the community. Close collaboration between systems supports effective intervention and can be
continued and strengthened under direct City management.
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City of Federal Way tluman Services Comprehensive Plan
C. Service Capacity Issues
As our case study illustrated in the beginning of the Community Profile section, eligibility to
receive a service is no guarantee that it will be available. The number of people an agency can serve
is much smaller than the level of need. To deal with this gap, most organizations establish eligibility
criteria to prioritize clients. Funders as well set up specialized requirements and timelines. In
addition to the problems of limited capacity for vital services, for many low-income families
challenges and problems are interconnected and it takes multiple solutions to resolve the situation.
The adults may manage to get a couple challenges taken care of, but not the other three. Separate
service systems with different intake processes, eligibility criteria, timelines and requirements, make
seeking help frustrating and stressful. Additional complications of transportation difficulties and
taking time off from work to get to services can seem insurmountable.
For example, a working parent such as Irene in our case study in the Community Profile
Section, may diligently seek a child care provider that will offer her a discount. She uses her lunch
breaks to make phone calls and finally gets a slot in a daycare with a sliding scale arrangement. Irene
and her 3 year old daughter Betty have to take two buses to get there and leave at 7:00 am. The
before/after school program at her son Marcus' school is full and he then needs to get to school on
his own. Marcus is developing problems at school, but Irene cannot take off'work to go to the school
and meet with teachers. She gives her permission by phone and an agency counselor works with him.
The counselor offers family support services, available during office hours while Irene is at work.
Meanwhile, Irene's utility bill is overdue. Irene is stressed, preoccupied and overwhelmed with the
problems that continue to crop up. An ordinary event for a person with adequate income, such as
need for a child's eyeglasses, can be a big stress for a low income parent who cannot afford to replace
them. Without accessible support services, kene's ability to provide nurturing support to each of her
children is at risk.
Service capacity in areas related to City Council priorities:
Council Goal #1 Support basic human needs through funding of emergency services:
Food and Clothing Assistance
There are several major providers of basic needs for food and clothing in Federal Way,
including a food bank, clothing bank, a community supper program twice a week, a clothing bank for
children in the schools, and a regional Meals on Wheels program for seniors that provides services
in the City. Churches and civic groups also provide food and other basic needs assistance on a limited
or seasonal basis. 1995 service reports by agencies that receive City funding demonstrate a great
increase in demand for service, and as nbted earlier in the trends section, federal funding for some
services has been shrinking significantly. Because the demand for assistance is so high, many Federal
Way residents show up for help at agencies outside the City, such as the Catholic Community
III-7
City of Federal Way Human Services Comprehensive Plan
Services office in Kent, which served 496 Federal Way residents with emergency assistance including
rent assistance, food, gas, and other emergency items.
The 1995 South King County Multi-Service Center (SKCMSC) report illustrates the high
demand for service, comparing actual services provided to projections made by SKCMSC from past
service levels. Seventy six percent (76%) of the people served by the SKCMSC Food Bank were
Federal Way residents. The numbers reported below are all City residents. These statistics are actual
unduplicated counts.
South King County Multi-Service Center
Emergency Assistance Program, 1995
Service Provided Projected Actual
Unduplicated Clients 9,750 12,767
Food Bags 45,000 71,302
Clothing 4,000 5,483
As noted earlier, reductions in federal commodities have greatly impacted food stocks
available. The quality of food bags has gone down considerably without the cheese, canned fruits
and vegetables and other staples that were available from the federal government. With more
hungry people coming for assistance, food bank volunteers distribute what they have available.
Often this consists mainly of starches and miscellaneous donations that do not provid~ for
balanced meals.
Similarly, the "Clothes For Kids" Program experienced very high level of need in 1995. As
is illustrated, Clothes For Kids' actual client intake exceeded projections in these areas over
200%.
PTSA Clothes For Kids Program, 1995
Service Unit Projected Actual
Unduplicated Clients 800 1,759
Clothing 1,200 2,891
These numbers are not surprising, given the data in Section I, the Community Profile, tabulating
about 5,000 students in the Federal Way School District as eligible for the free or reduced lunch
program. Local community agencies such as these should be highly commended for their hard
work to meet increasing needs in the community. Both these programs, as well as many others,
rely on volunteers and donations for a large percentage of the items they distribute free to low
income persons. This cost-effective program provides a high level of service to City residents.
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City of Federal Way Human Services Comprehensive Plan
Emergency and Transitional Housing
Federal Way residents rely on the regional emergency and transitional housing network for
shelter services. In South King County, there are about 130 beds of emergency and transitional
units for families run by the YWCA and the South King County Multi-service Center, and six
shelter beds for homeless youth operated by Auburn Youth Resources. In the City of Federal
Way, two programs provide vouchers at local motels, usually for 2-3 nights lodging. Because of
the limited number of spaces available, these programs prioritize use of vouchers for severe
weather and for homeless families. A Federal Way family in need of shelter may end up at any
facility throughout King County, using whatever resource first becomes available. For single
men, there are twelve units of transitional housing for young adults coming out of treatment. No
other shelter facilities are located in the City.
Reducing homelessness calls for adequate and varied housing stock and homeless
prevention programs. The City's 1995 Comprehensive Plan outlines housing needs and policy and
code development necessary to increase affordable housing stock for the City's current and future
population. Implementing the City's affordable housing policies will be an important component
in reducing the demand on emergency shelter services. Additionally the City's Community
Development Block Grant (CDBG) Four-Year Strategies, included as Appendix B, also provides
related goals such as support for special needs housing. Continuing to participate in and utilize
the housing resources of the King County Consortium, including housing development funds, the
Minor Home Repair Program, HOME funds and the Housing Stability Project, are effective ways
of preventing homelessness, maintaining existing housing and increasing affordable housing
stock.
Medical and Dental Care
Access to medical and dental care are entwined in the changes brought about by health
care reform and managed care. As noted in the trends section above, the state Healthy Options
Program has expanded financial coverage for low income persons up to 200% of poverty.
Children's medical and dental needs are now well covered, but many adults are still unable to
obtain medical or dental care. In the City of Federal Way, service capacity is a major concern.
There are still a limited number of health providers that will take Medicaid patients. St. Francis
Hospital provides emergency room services, which can be utilized by any in a life-threatening
situation. However non-hospital appointments for medical and dental are very difficult to get in
Federal Way. The local Community Health Center dental clinic has a two and a half month wait
for a dental appointment. Two emergency slots are available each day in the local Community
Health Center medical clinic, scheduled at the day's opening. Increasing capacity to serve low
income persons beyond the current level are a high priority. J
III-9
City of Federal }Vay Human Services Comprehensive Plan
Emergency Response and Referral
In addition to the 911 emergency line for police, fire and medical emergencies, phone
assistance is available specifically for social service needs. The Crisis Clinic operates two phone
services, the Crisis Line and the Community Information Line, which assist individuals in
identifying appropriate resources and provide updated information on availability of assistance,
such as shelter vacancies. The Federal Way Family Network has acquired a computer program so
that volunteers can give thorough and updated referral information for Federal Way residents in
need. Most human service organizations also provide extensive referral assistance to clients for
the services which they do not provide.
Council Goal 1t2 Support a strong service delivery system that increases public safety:
Victim Assistance
Federal Way is fortunate to be part of a collaborative, regional system of support services
for victims of domestic violence in King County. In South King County the Domestic Abuse
Women's Network (DAWN) operates a shelter for women and children who are attempting to
leave abusive homes. They provide client advocacy, women's and children's groups and other
services to shelter residents. Additionally within the City of Federal Way the agency provides a
full time community advocate, runs a support group and offers a free legal clinic. The confidential
shelter located in South King County increased capacity in 1995 from nine to fifteen beds. This is
a small capacity for all of South King County, given that 480 cases of domestic violence were
prosecuted in Federal Way in 1995.
In the area of sexual assault, Federal Way is also part of a collaborative, regional system of
support services that has a national reputation for excellence. A plan has been developed to
implement this system statewide. King County Sexual Assault Resource Center (KSARC)
provides crisis intervention, legal advocacy to assist in prosecution, and referrals for medical and
mental health services. In the South King County region, KSARC provides the direct counseling
and support services for child victims of sexual assault, serving 151 Federal Way residents in
1995.
With both these service areas, close collaboration with police, the legal system and other
human services is vital to assist the victims, hold perpetrators responsible, and break the cycle of
violence. Many other community based agencies provide mental health services for people
affected by these types of crimes; many survivors come for help years after the incidents have
occurred. Services for victims, offenders and all family members impacted are important to bring
resolution to these traumas and to support people in moving on with healthy and productive lives.
III-10
City of Federal Way Hurtutn Services Cotnprehensive Plan
Prevention and early intervention programs for youth and families
Evaluation of service models
In the Community Profile Section, data was presented summarizing the high percentage of
children and youth in the City, as well as data which highlights warning signs for potential crime
and safety problems. Research documents that child abuse and neglect, and troubled family
history are moderate predictors of adolescent delinquency and violence. This plan takes the
position that one of the most effective roles for human services to improve public safety is
through intervention and prevention of problems for troubled families and youth. Providing
services at the early onset of problems have a better chance of success and can prevent more
expensive and chronic service needs in the future.
Extensive research has been conducted that evaluates the effectiveness of various program
models to prevent delinquency and intervene with youth and families in trouble. In general,
research shows that the most effective results are demonstrated in multi-component programs that
include longer term interactions (more than one year). These programs are successful because
they address more than one angle of a problem and are therefore more effective, and build a
relationship over time. These elements produce experiences of success and change for youth and
families that can have long term impacts.
Multi-component programs are service models in which a range of services are provided
to meet clients' needs, a~nd/or programs that are flexible in the services they provide. For
example, research measured that parenting programs which also included training of the child in
social skills were more effective than programs that dealt only with the adults. "Client focused" is
a term often used for flexible service models; meaning that instead of providing pre-determined
services for a set period of time, the extent and range of services delivered are determined by the
individual needs of the clients enrolled. Case management is often a bridge to this model,
creating continuity with one person, the case manager, to assist the family through different
agencies and types of services to successful resolution.
Longer term programs are more successful because they build relationships. Short term
intervention programs of three months for example, even with highly professional and intensive
services, were not as effective in the long run as programs that established supportive relations
over time. Short term programs that link families into sustaining sources of support, such as the
Homebuilders Program, are much more successful. After school recreation programs that
aggressively recruit youth and maintain high participation rates are a promising intervention for
delinquency prevention,t In other words, programs that serve the whole family, the whole child's
needs, and programs which build relationships are most successful.
The service system in Federal Way, as in the rest of the region, has been established based
on categorical funding, creating a disjointed system of primarily single-issue programs and
agencies. Low income families and youth 'seldom have single issue needs, and resolving problems
III- 11
City of Federal Way tluman Services Comprehensive Plan
is especially difficult in an area like Federal Way, with limited public transportation. Agencies
share referrals and network to serve clients, however much more needs to be done to improve
effectiveness. Funders of services such as municipalities can contribute to solutions with
incentives and changes in funding requirements.
A challenge for the City is to use its' funding and local leadership to create a more
cohesive system that is accessible to youth and families and adequate to bring results. A promising
approach to building a lasting community support system is to combine professional services
which may be appropriately short term with community support systems that can be long term; to
strengthen bridges between human service agencies and neighborhood groups and activities that
youth and families can become a part of. Examples of these kinds of community resources
include tutoring and mentoring programs that involve local neighborhood volunteers, sports,
recreation and art activities, peer support groups that include local volunteers, church and civic
group sponsored activities, jobs placement programs and others that may be proposed. Human
service programs that integrate youth into on-going community activities can increase the positive
community experiences that youth and families have and increase their sense of opportunity.
Establishing partnerships between community organizations can maximize local resources
to benefit families and youth in need, and facilitate development of more effective program
models. The City of Federal Way has a number of organizations that provide recreation, classes
and sports activities, including the City Department of Parks, Recreation and Cultural Services.
The City has professional menthl health, health care and substance abuse treatment agencies for
children and families. The City has volunteer organizations with youth activities, including
churches, civic groups and parent's groups. New programs and activities may need to be
developed that are appropriate for older adolescents and youth that would be the focus of public
safety concerns. In past community forums and research conducted by the City's Neighborhood
Assistance Program, many neighborhood organizations are concerned about youth issues and
youth needs.
Other City policies and priorities can support this model of strong community
organizations and linkages to human services resources. The Comprehensive Plan of the City's
Parks Department calls for increased parks and recreation facilities to meet the needs of youth and
all City residents. Community policing models strengthen community programs and
neighborhood associations by bringing positive interactions with law enforcement to residents.
Referrals to human service agencies can provide assistance to troubled youth and families in early
stages of difficulty. CDBG funds may be used to support development of community facilities in
low income areas of the City. Development of action plans and priorities for the city's adopted
CDBG strategies can clarify ways in which these resources can support goals for youth 15rograms
and neighborhood develcpment. CDBG priorities are listed in Appendix B: Federal Way's CDBG
Four-Year Strategies.
III- 12
City of Federal P/ay lturnan Services Comprehensive Plan
Council Goal//3
Provide support that supplements federal~ state and county programs
designed to increase self sufficiency and independence:
Training for targeted populations
Federal Way has a few programs that provide specialized training for Iow income
populations that have barriers to accessing mainstream education and job training resources.
These difficulties include adult literacy deficits, limited English-speaking skills, single parents on
welfare and older women reentering the job market. These programs are important for breaking
cycles of dependency or low wage jobs, and are cost effective in the long run. By providing small
levels of funding, the City has encouraged regional programs to increase the availability of these
services to City residents and provide training in Federal Way locations.
ChiM care
Availability of quality, affordable child care is an important resource for working parents.
Child Care Resources reported that in 1995 the total child care capacity in the City of Federal
Way consisted of 163 providers with 2,715 slots. There are approximately 7,500 children five
years old or younger in the city. Parents of all income brackets have difficulty finding child care.
For lower income working parents, these challenges are great. As our case study illustrated, the
average costs of child care are a great burden for low income parents, averaging $447 per month
for infants. Few subsidy resources are available. The CARES program, funded and managed by
the City of Federal Way, meets a critical need but at current funding levels was able to serve forty
seven families in 1995.
Council Goal/44
Support service models that improve community-based collaborations
and build strong neighborhoods:
The Federal Way City Council has initiated a Neighborhood Assistance Program to
support its' vision of a strong sense of community and civic involvement in the City. The City has
many factors that call for an intentional organizing process such as the Neighborhood Assistance
Program. As a young city incorporated in 1990, Federal Way lacks adequate community
institutions. The population has grown tremendously over the last ten to fifteen years, and a high
percentage of people commute to work. Analysis by the Neighborhood Assistance Program staff
documents that the majority of employed households living in Federal Way commute outside the
city for work. Only 11% of households live and work in the city; the group with the greatest
investment and knowledge of their local communities. This poses problems for the goal of
increasing community involvement.
Strong cohesive neighborhoods are an important foundation for a safe community and
healthy local institutions. Implementation.of community policing as well as program models for
youth and families discussed above are predicated on a local citizen base that is actively involved
III-13
City of Federal Way lluman Services Comprehensive Plan
in their community affairs. Improving community cohesiveness is a challenge in lower income
neighborhoods that may experience high turnover of residents and lack of resources. For the
Human Services Plan and its focus on low income residents, strategies to utilize structUred human
services programs in collaboration with neighborhood groups can support the goals of strong
neighborhoods and effective program services.
Summary
The City of Federal Way has a wide range of social and health services available to its
citizens, both within the City and in surrounding areas. These services include governmental
systems such as the King County Department of Public Health, the City Parks, Recreation and
Cultural programs, financial support from DSHS, and others; non profit organizations that
provide a wide range of assistance; and civic and church organizations that provide youth
activities, emergency assistance and other support services on a smaller scale. Several
collaborative, regional systems benefit Federal Way residents. These regional networks provide
professional services to Federal Way citizens with small levels of City support, serving clients
within and outside the City. These include the emergency and transitional housing network of
agencies, the domestic violence services system and sexual assault services system, among others.
Recent changes and expected trends in funding and system priorities effect human services
delivery for Federal Way residents. Positive impacts include the expansion of the state Healthy
Options Program, providing health care financing for families up to 200% of poverty, and changes
in the state mental health system, creating financial access for mental health treatment for lower
income youth and their families. Negative impacts include reductions in federal funding for
energy assistance and food commodities. The delegation of authority from the national to local
level will create opportunities and challenges for local innovations in services; many observers
project with fewer total dollars.
The Federal Way City Council has identified four priority goals for its' human services
plan: supporting basic human needs, increasing public safety, supporting self sufficiency programs
and building strong neighborhoods. Examination of services related to these goals document that
the level of need for low income residents significantly surpasses availability of.resources in key
areas. Food assistance, shelter and services for homeless youth, dental care for lower income
residents, and affordable childcare are highlighted. Support for domestic violence and sexual
assault services continue to be a public safety priority. Research results for effective youth and
family early intervention programs are briefly summarized that suggest strategies for service
improvements. Programs which offer multiple services to clients and facilitate long term
relationships are more successful. Supporting increasing linkages between agencies and
community organizations will improve outcomes for youth and families, and support the City goal
of strengthening neighborhoods.
III-14
19.9
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Message Board Bid Award
CATEGORY:
BUDGET IMPACT:
X CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: Memorandumto the Finance, Economic Development and Regional Affairs Committee
SUMMARY/BACKGROUND: $30,000was appropriatedby the City Council and carried forward into 1999
for the purchase of a portable, changeable message board for use by the Streets and Surface Water
Management crews. Bids were solicited and one was received in the amount of $24,054.49 which is 20%
below the budgeted amount.
CITY COUNCIL COMMITTEE RECOMMENDATION: At its October 26, 1999 meeting, the FEDRAC
Committee approved and forwarded the following staff recommendation to the November 16, ! 999 City
Council Meeting:
1. Accept the Display Solutions bid in the amount of $24,054.49 and utilize $5,945.51 savings
toward the purchase of the self-propelled paving machine in the event it is needed.
CITY MANAGER RECOMMENDATION: Approve the Committee's recommendation.
APPROVED FOR INCLUSION IN COUNCIL PACKET.--~-N~^
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
k:\council\agdbills\ 1999\message board
COUNCIL BILL it
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
October 20, 1999
Finance, Economic Development and Regional Affairs Committee
Marwan Salloum, Street System Manager
Portable Changeable Message Board Bid Award
Background:
During the budget cycle for the 1997/1998 Biennial Budget, Council appropriated
$30,000.00 ( $15,000.00 from Street fund and $15,000.00 from Surface Water fund) and
was carried forward in 1999 for the purchase of a Portable Changeable Message Board.
The Message Board is intended for use by the Street and Surface Water'crews for advance
warning message for upcoming construction projects and general traffic controls.
Bids have been solicited and one bid was received on October 19,1999.
Vendor Bid Amount
Display Solutions $24,054.49
The bid was 20% ($5,945.51) below the $30,000.00 budget.
Action Requested:
Recommends the full Council to award the bid to the lowest bidders Display Solutions in
the amount of $24,054.49 and utilize the $5,945.51 saving towards the purchase of the self
propelled paving machine.i,~.,~ ~-3~.'.-. ,~,..c. ,-ok ,& ,~ e,<ec\c& .
APPROVAL OF COMMITTEE ACTION:
Ma~ Gat~
Committee Chair
Linda Kocll'mar
Committee Member
MS:ms
K COU NCIL~FEDC\Mcsshoard
MEETING DATE: November 16, 1999 ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT' Celebration Park 2% for Art Pro'ect
CATEGORY: BUDGET IMPACT:
X
CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
SUMMARY/BACKGROUND: The Public Art Committee of the Arts Commission assembled a panel of
jurors to select an artist/team for the Celebration Park 2% for Art project. The panel met twice to review
the applications and recommended an artist/team for the project. During the first meeting, the panel
reviewed 21 artists/team submittals and developed a short-list of five finalists. At the second meeting, the
five finalists presented additional information to the panel and asked questions of the finalists. At the end
of the second meeting, the panel developed their recommendation. On October 14, 1999, the Arts
Commission made a motion approving the review panel's recommendation for the following artists:
.... .l. )...G.. ,l.o..~.'...a...B...0...r~...~..t..~..!. ,n. ~. l..2. } l...N..!,q .k.....n...Y. !. ,~.....a~.....d....J..~..a..n....~ !,t..~...s...a..v...a..g. ,~.. f..a.!.t..~..~.~q)
L ................................................................................................
CITY COUNCIL COMMITTEE RECOMMENDATION: On October 26, 1999, the
Finance/Economic Development & Regional Affairs Council Committee passed a motion to approve the
review anel's artist r c mm n o
........... ! ......... P.. ...................... ! ....... E...o.. ......... .e......d...a..t.!..°...n....f..°..r....t..h...e...C....e.!..e.~.r..a..t..i..°...n.....~....m5...k....2...~./.~...f9.t.~
.p~j.~.~ ...............................................................
....C...~..T...Y......M..~A...G....E..R....~.C...~..M.....M..E. ..N..p..A...T~....~..N...;..A.ppr..py.~..qp~.!~..qp~.~e..~.~p~.~!.~.~.: .................................
APPROVED~LFOR INCLUSION IN COUNCIL
PACKETT ~~,
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY i
CITY COUNCIL
FINANCE/ECONOMIC DEVELOPMENT & REGIONAL AFFAIRS COMMITTEE
Date:
From:
Subject:
October 14, 1999
Mary Faber, Community & Cultural Services Manager
Celebration Park 2% for Art Project
Background:
The Public Art Committee of the Arts Commission assembled a panel of jurors to select an
artist/team for the Celebration Park 2% for Art,project. The panel met twice to review the
applications and recommended an artist/team for tlie project. The fa'st meeting the panel reviewed
21 artists/team submittals and developed a short-list of five finalists. At the second meeting, the five
finalists presented additional information to the panel and the panel was able to ask questions to the
finalists. At the end of the second meeting, the panel developed their recommendation. On October
14, 1999, the Arts Commission made a motion approving the review panel's recommendation for
the following artists:
Gloria Bornstein
Nick Lyle and Jean Whitesavage (alternate)
Committee Recommendation:
Motion to approve the review panels artist recommendation for the Celebration Park 2% for Art
project.
Celebration Park Statement: Artist: Gloria Bornstein
Thank you for considering my work for the Celebration Park art project. I am interested
in bringing my past experiences of developing celebratory sculpture to outdoor places.
Celebration Park is a wonderful name for a park. Celebration aptly describes the ritual
uses of the park's spaces where families and individuals gather in natural woodland
and wetland spaces to commune with nature, break bread in picnic areas, cavort in the
common open space, and play at softball and other games. The park offers the
community a place for many states of mind.
I plan to develop an artwork for Celebration Park that reflects the celebratory mood of
the park, an artwork that slides into place. Several works show my experience in
designing unique artworks for specific places.
For the Seattle Center International Fountain design team,. I served as lead artist in the
renovation of the historic fountain, the plaza, and gathering nodes in the mall. My
contribution is Neototems. Conceived as a mother-calf gathering area, they resemble
hills and landforms, bringing together land and sea, symbolizing the nurturing aspect
and energy flow in this much traveled public gathering place, as well as the ecological
concerns fundamental to Native beliefs. Today children happily swarm over the
sensuous bronze forms. More whales will surface eventually, since a whole pod is
designed into the master plan.
A different outdoor place suggested a different solution. For Eastern Washington
University, I worked with ALSC architects to develop a 70-foot meandering stream that
spatially defines the plaza, mall, and their connections to the rest of the campus. With
its deliberate mixing of numbers and letters, From ONE to Z is, by implication, about
the vast panoply of human knowledge. The stepping stones were initially designed for
the grassy mall area, independent of the water feature, but the collaborative effort
resulted in combining water and art.
Both works are designed to augment the celebratory use of the place as a gathering
area. The video shows the different rituals and states of mind that the sculpture spaces
accommodate; children swarming the whale forms and infinite play in the stream -
hanging out, splashing, hopping, teasing, balancing along the edge, and simply
reading. Both works reflect the spirit of the Northwest region, with its natural
phenomena and special qualities of light and shadow.
I have worked for ten years in the Puget Sound region working with governmental
agencies and city codes, and can fsciltate bridging the phases from planning, to
design concepts, to fabrication and installation practice. For the Celebration Park
project, I plan to work with the Federal Way community to develop an aesthetic and
enduring artwork that expresses the joy of communal life in the Northwest.
Gloria Bornstein Resume Page 1
2333 12th Avenue East. Seattle, WA 98102 (206)323-5217 FX 860-9466. gbomst704@aol.com
Recent Public A~t Commissions (detailed description on page 2,3)
2000
1999
1998
1996
1995
1995
1995
1992
1991
1990
Childrens Theater Baby Whale TaiI-Neototems (with Seattle Center, Nakano Landsc. Archit.)
Speed-the-Plow. Puyallup Rail Station, Puyallup, WA (with Merdtt + Pardini Architects)
From One to Z. Eastern Washington University, Cheney, WA ( with ALSC Architects)
Hickory Dickory Clock, (Peace Clock), Tokyo, Japan (with Azabu Juban Neighborhood Arts)
International Fountain & Plaza, Seattle Center, Sear'de, WA (with Nakano Landscape Archit.)
Neototems. Seattle Center, Seattle, WA (with Nakano Landscape Architects)
Vanishing Species, Seattle, WA (Seattle Arts Commission Portable Works)
Chatter. Seattle, WA (Seattle Arts Commission Portable Works)
Shore Viewpoints and Voice Library. Seattle, WA (Seattle ArtsCommission)
Banishing the Poets, New York (Socrates SculpturePark)
Selected One Person Exhibitions
1999
1994
1990
1989
1988
1987
1977
1975
Gloria Bornstein, Retelling 1975-1998, Bellevue Art Museum, Bellevue, WA
Chatter, Henry Gallery, University of Washington, Seattle
Playing Alive, Fuller-Elwood Gallery, Seattle
Works in Progress, Fuller-Elwood Gallery, Seattle
Gloda Bornstein, Fuller-Elwood Gallery, Seattle
Columns: A Narration of Past & Current Events with Characters Dislodged. Seattle Pacific
University, Seattle
Extrapolations, and/or Gallery, Seattle
Useless Tools, Windows, and/or Gallery, Seattle, and Whitman College, Walla Walla, WA
Selected
1997
1995
1994
1992
1991
199O
1989
1988
1987
1986
1985
1982
Group Exhibitions
Celebrities: Figures of Worship. Fame, Fortune,, Heroism,& Infamy. Bumbershoot. Seattle
Latent August: The Legacy of Hiroshima and Nagasaki, NationaJ Historical Society, SF
Agents of Change; New Views of Northwest Women, Washington State Convention Center,
Seattle
Visions of Seattle, Seattle Center, Seattle
Public Interventions, Institute for Contemporary Art. Boston, MA
Yokohama International Public Art Fair, Yokohama, Japan
Washington: Voices in Contemporary Sculpture, Bellevue Art Museum, Bellevue, WA
In Public: Seattle. Secudty Pacific Gallery, Seattlle
Interface/Inner/ace: Interpreting the Real, Security Pacific Gallery, Seattle
Centrum Monotypes, Western Gallery, We. stem Washington University, Bellingham. WA
Drawing Power, Western Gallery, Western Washington Univ(~rsity, Bellingham, WA
First Impressions: Northwest Monotypes, Seattle Art Museum and The Art Gym, Marylhurst
College, Marylhurst, Oregon
Centrum Foundation Prints, Cheney Cowles Museum, Spokane
Objets d' Art, Bumbershoot Festival, Seattle
Seattle Sculpture Bumberbienniel, Bumbershoot Arts Festival, Seattle
National Sculpture Exhibition, Foster-White Gal!ery, Seattle
Artists with a Public Voice, 911 Contemporary Arts and Resource Center, Seattle
Images of Seattle, Jackson Street Gallery, Seattle
Art & Social Politics, The Art Gym, Marylburst College, Marylhurst, Oregon
Gloria Bornstein Resume Page 2
Description of Selected Public Art Commissions
Speed-the-Plow, Puyallup RaJl Station, Puyallup, WA.
A design team collaboration with Merritt + Pardini Architects, with Jennifer Mundee, Project Manager,
Nakano Landscape Architects. We developed a comprehensive plan for the Puyallup rail station through
team and public workshops. I guided the commune, in establishing locations and designs for integrated
and freestanding art and shelters. Art archways, telling the story of the area's farming history, complement
the Arts and Crafts style depot and shelters. The archways are supported by columns designed as core
samples, showing the soil range with dchly textured layers of aggregate, seashells and river rocks. Lush
sculpture gardens are integrated in two rail plazas. The community wanted to memorialize their farming
history currently being lost to landfill and construction of storage units. Completion is scheduled for the
spring 2000.
Childrens Theater Water Feature-Neototems, Seattle Center, Seattle, WA
Water will cascade down a bronze baby whale tail, inviting children to play. The sculpure will be the focal
point for a small plaza which will be composed of a Iow-lying labyrinth of wave-shaped hedges and water~
patterned pavers. The small whale was previously designed in the Bornstein-Nakano master plan and is
an addition to the pod of whales instailed at the Seattle Center 1995. A collaboration with Kristin Lindahl,
Seattle Center grounds supervisor, and Nakano Landscape Architects. Completion is scheduled for the
tall 2000.
From ONE to Z, Eastern Washington University, Cheney, WA
A collaboration with ASLC Architects with the goal of integrating artwork in a water feature. Working from a
terrain dotted with basalt boulders, or glacial erratics, formed some 16,000 years ago by the catastophic
Spokane Flood, I made a waterway evoking this geological history. The artwork is a 70-foot meandering
stream which defines the main plaza and its connections to the campus. The stream, composed of granite
and river rock, is articulated with bronze tokens, alluding to the vast panoply of human knowldge. They
are modelled after small clay counters taken from Sumedan history (8000-3000 BC) which reveals them to
be the connection between abstract counting and cuneiform writing. Completed in 1998.
Neototems, Seattle Center, Seattle, WA
I was selected by the Seattle Arts commission as lead artist for the art master plan for the International
Fountain and plaza area_ The artwork was installed at the Seattle Center, which includes a children's
museum and theater, a pedorming arts center, and a sports arena, and is also the site of year-round
festivals. Conceived as a mother-calf gathering area, the bronze whales resemble hills and landforms,
bringing together land and sea, symbolizing the nurturing aspect and energy flow in this much-traveled
public gathering area. My source for the whale imagery was a neady forgotten legend of whales swimming
underground from Puget Sound to the fresh water of Lake Union, connecting two of the region's major
natural assets while providing a metaphor for all the historical journeys of various cultural groups through
the area. The story is inscribed in Salish and English on the mother's concrete tail, set in the ground. In
collaboration with the design team of Nakano Landscape Architects, Wet Design, and the Seattle Center.
Completed in 1995
International Fountain and Plaza, Seattle Center, Seattle, WA
As lead artist for the Seattle Center design team, I helped renovate this historic Fountain in collaboration
with Nakano Landscape Architects, and Wet design. Impressed concrete water-pattemed pavers,
designed by our team, mark the area around the Fountain.120 feet, the cost was $3.4 million.
Gloria Bornstein Resume Page 3
Hickory Dickory Clock (Peace Clock), Tokyo, Japan
A collaboration with the Azabu Juban Neighborhood Arts Program. The artwork was selected to represent
the American embassy located in the neighborhood. It is one of fifteen permanent artworks created by
artists from around the world who also represent their embassies. The Pennsylvania Longclock is meant
to be enjoyed by the children walking daily to school.
Shore Viewpoints, Seattle, WA
This was my first work to emphasize place - Seattle!s waterfront, which over the previous decade had been
changing from a workplace to a toudst site. An installation of six pseudo-official silkscreened signs, made
in collaboration with Donald Fels as part of the Seattle Arts Commission's In Public: Seattle project, Shore
Viewpoints appeared on the city's central waterfront next to pre-existing historical markers, questioning
and contradicting the official voice. A second set of signs called attention to the waterfront park, which
lacked amenities and was occupied by homeless people, many of them Native Americans whose
ancestors lived along the tidal flats taken from them 180 years ago. The subtext appeared in a six-channel
voice mail system, offering information on who lived here in the past, is living here now, and will live here in
the future. Hundreds of citizens called and left their responses.
Banishing the Poets, Socrates Sculpture Park, New York
The cosmic egg wrapped in barbed wire calls attention to censorship of creativity in the arts & ourselves.
Permutations on the I Ching, Seattle, WA
Commissioned by the Alexis Hotel for the restaurant, Four cast handmade Japanese paper window
panels.
E Pluribus Unum, Seattle, WA
Sponsored by 911 Contemperary Arts Center, Five artists were matched with five homeowners to make
art on the lawns.
Green River Trilogy: Porno-Graphos, Run From ~ Man Named Climax, Maids in a Row
Three installations call attention to the victims of the Green River sedal murders who were teen-age
runaways stereotyped as prostitutes. Shown at Pdnted Matter, New York and 911, Seattle.
Soupkitchenwork, Seattle, WA
Commissioned by the Seattle Arts Commission and funded by WSAC, the performance explores the
plight of homeless senior residents in the Cascade neighborhood.
Selected Documentation
Gloria Bornstein, Retelling, 1975-1998, Bellevue Art Museum catalogue, 1999
Gloria Bornstein: Retelling, Megan Blanton, The Daily of the University of Washington, May 6, 1999,
Vol 105 Issue 127
Gloria Bornstein: In and Out of Public Space, Ron Glowen, Art Access, May 1999
Gloria Bornstein's "Retelling" demonstrates her forceful range, Regina Hackett, Seattle
Post-lntelligencer, May 7, 1999
Bornstein a provocative, intelligent artist, Robin Updike, The Seattle Times, April 29, 1999
Commissions, Ariane Fehrenkamp, Sculpture Magazine, November, Vol. 17 No. 9, 1998
Lure of the Local, Senses of Place in a Multi-Cultural Society, Lucy Lippard, The New Press,
1997
Arts play a key role in face lift for Seattle, John Boylan, Seattle Post-lntelligencer, 1995
Washington Voices in Contemperary Sculpture Catalogue, Bellevue Art Museum. 1995
Mapping the Terrain: New Genre Art, edited by Suzanne Lacy, Bay Press, 1995
Gloria Bornstein Resume Page 4
Education
1979
1976
1958
MA Psychology, Antioch University
Visual Arts, University of California, San Diego
BA in Art and Education, Hunter College, New York
Teaching and Related Experience
1991-1999
1986-1988
1989-1980
1980
1978-1981
1980
1976-1978
1973-1974
Lecturer, Public Art, University of Washington, Seattle
Arts in Education Program, Artist-in-Residence, Washington Arts Commission
Co-Director of the Allied Arts Program, Interdisciplinary Performance Art Program, Cornish
College of the Arts, Seattle
Instructor, Visual Performance Art, Cornish College of the Arts, Seattle
Video Producer, Co-Owner of Intermedia
COCA, Board of Directors
and/or Gallery, Board of Directors, Seattle
Bush Middle School Art Program, Seattle
Collections
Microsoft, Redmond, WA
Ellen Dial, Perkins Cole, Seattle
Mia McEIdowney, Seattle
Anne Gerber, Seattle
Robet Strini, Virginia
Colleen Crowley, Seattle
Catherine Hillenbrand, Seattle
Margaret Minnick, Seattle
Richards and Kinerk, Seattle
King County Arts Commission Collection, Seattle-'
G & H Properties, Bellevue, WA
Seattle Family Institute, Seattle
Anne Focke, Seattle
Michael McCafferty, Seattle
Unda.Wachtmeister, Virginia
Anthony Tiberio, Seattle
Irene Mahler, Seattle
Helen and Max Gurvich, Seattle
Kelby Fletcher, Seattle
Washington State University, Elwood Print collection, Pullman, WA
Seattle Arts Commission Portable Works Collection, Seattle
Seattle Arts Commission Portable Works Collection, Seattle
Awards
1998
1998
1997
1995
1993
1991
1990
1990
1989
1980
1979
1977
Sound Transit Artist Roster, Seattle, WA
Seattle Arts Commission Artist Roster, Seattle, WA
Washington State Arts Commission, % For Art Award, WA
Seattle Artists Award. Seattle Arts Commission, Seattle, WA
Seattle Artists Award. Seattle Arts commission, Seattle, WA
In Public Award. Seattle Arts Commission, Seattle, WA
Artist Trust Visual Arts Award, Seattle, WA
Art Matters Award. New York
Seattle Center Design Team Award, Seattle, WA
Washington State Arts Commission, Film Award, WA
Neighborhood Arts Award. Seattle Arts commission. Seattle, WA
Northwest Projects Award. and/or Gallery. Seattle. WA
Jean Whitesavage & Nick Lyle
~so~ 1,~th-Ave NW, Seattle, WA 98107-4~18
ph/fax (206)782-7796 e-maih nickjean~speakeasy.orcj
]Artwork for Celebration park, City of Federal Way
We would like to be considered for the commissioned art to be located in
Celebration Park in the City of Federal Way, Washington. We are particularly
excited by this project because parks are our favorite place to locate artworks.
Parks are one of the urban public spaces most vital to a community's sense of
itself. A park is an open-ended place, a sort of blank page, set apart from more
structured environments, where everyone is invited to spend free time
creatively, playfully. In this respect parks are the natural home of public art. We
feel that art for parks should be specifically designed, to contribute to this playful
and open-ended atmosphere. Art for parks should stimulate a creative or
thoughtful response. This art, like the park itself, should endeavor to provide
something for everyone, serving to unite the community.
We have collaborated as professional artists for thirteen years. We design
and fabricate sculpture and architectural ironwork, primarily of forged steel.
We shape the steel by hand, using blacksmithing techniques. We both have
backgrounds in fine art painting and drawing as well as hands on experience
with materials such as stone, concrete, wood, bronze and aluminum..
Most of our sculpture is a form of visual poetry, often including
representational elements that are tied together by organic and architectural
forms. Our public work is always designed for a specific site. We often
incorporate our forged steel sculpture directly into architecture, but the
majority of our public commissions have been sculpture which we designed to
be located in specific parks, or park-like settings. This sculpture has included
architectural forms, such as gazebos and seating, as well as series of free
standing sculptures, landscaping and paving.
Our public commissions include a-gazebo located in Maple Leaf Park
which was administered by the Seattle Art Commission, guardrails for the
Regional Justice Center in Kent, Washington, administered by the King County
Public Art Commission, a sculptural door surround for City Hall in Edmonds,
Washington, administered by the Edmonds Art Commission. We designed and
fabricated ten sculptural bollards, two free-standing sculptures, two gates and a
gazebo for the G~uadrant/Adobe Lake Union Project located in Fremont, Seattle,
Washington. We designed and built a large flee-standing sculpture, The
Triumph of the Vegetables, for the City of Olympia, Washington. This
project includes densely planted landscaping of our own design. Our most
recently completed project includes large scale gates and an eyebrow depicting
flora and fauna of the Pacific Northwest rainforest, for King Street Center,
Seattle, Washington.. For this project we worked closely with architects,
engineers, and others to integrate our work with the building. We were able to
double the budget for artwork by replacing elements of the structure with our
ironwork. We recently designed a series of sculptures to be placed along the
trails associated with a Sound Transit Project in Issaquah, Washington.
Thank you for your consideration, '
Nick Lyle and Jean Whitesavage
JEAN WHITESAVAG E
_,,~U CATI 0 N
-4So~ 14th Avenue NW Seattle WA 98~o7-~18 ph/fax ¢;zo6) 782-7796
e-mail: nickjean~speakeasy, org
199o
~98~
~981
MFA in Sculpture, New York State College of Ceramics at Alfred University, Alfred, NY.
BFA Cum Laude in Painting, Tyler School of Art, Elklns Park, PA.
Temple University in Rome, Italy.
PUBLIC ART
1999
1998
1996
1995-96
.99~-
King Street Center, Seattle WA. This commission encompasses the Northwest corner of an eight story
building including large forged steel entry gates and frieze, two side gates with sculptural panels, two
large forged brackets for the building curtain wall, a decorative steel band and canopy for the NW
cornice, with KingCounty Public Art Commission, NBBJ Architects and Wright, Runstad & Co;
Sound Transit Public Art Project commission to design art for the Sunset I-9o Interchange, Issaquah, WA
~999 Poetry & Art on Buses Project, King County Public Art Commission and Metro, King County, WA.
City of Olympia Arts Commission, large outdoor sculpture and landscaping for a 60 foot traffic circle at the
Olympia Farmers Market, Olympia, WA
Adobe Corporation, ten sculptural bollards, two view markers, two gates and a gazebo for Adobe's
campus at Lake Union, Seattle, WA.
Edmonds Arts Commission, sculptural door surround for City Hall reception area, Edmonds, WA.
Seattle Arts Commission 1% for the Arts Program, sculptural gazebo for Maple Leaf Park, Seattle, WA.
King County Arts Commission 1% for the Arts Program, ~o lineal feet of guardrails for
the Regional Justice Center, Kent, WA.
King County Arts Commission 1% for the Arts Program, design for eight large sculptural
grilles to be commissioned for the Factoria Transfer Station, Bellevue,
SELECTED EXHIBITIONS
1999
1998
1997
1996
1995
1994-
Garden Art Exhibition and Auction, Pratt FineArts, Seattle, WA.
Plant-Sale and Garden Sculpture Show, Basetti's Crooked Arbor Gardens,
Woodinville,WA.
Yard: statuary and functional outdoor sculpture, Lead Gallery Wine Bar, Seattle, WA.
Hot iron in January, an exhibit of cast iron and forged steel $Culpture by Northwest artists
working in hot metal, Curated by Judith & Dan Caldwell & Jean Whitesavage, Pratt Gallery at
CoCa, Center of Contemporary Art, Seattle, WA.
Living with Iron III, Works ofNorthwestBlacksmithArtist$, Framewright Gallery,
Bothell, WA.
Iron Art Northwest, presented by the Arts Council of Snohomish County, Everett Center
for the Arts, Everett, WA.
sth Annual Sculpture Show, Basetti's Crooked Arbor Gardens, Woodinville, WA.
Artist-Made Building Parts, Kirkland Art Center, Kirkland, WA.
The I love Lucy Show, Lead Gallery, Seattle, W~
Pistil Packin ' Art, Pratt Fine Arts Center, Seattle, WA.
Too Small (.To Stand On Their Own), Wall and Pedestal Sculpture, Lead Gallery Annex,
Seattle, WA.
Angelophanies, Lead Gallery, Seattle, WA.
The Next Appointments, Lead Galler/Annexl Seattle, W~
Pratt Faculty Exhibi& Center of Contemporary Art, Seattle, WA.
Focus on Fire: Art in Architecture in the Pacific Northwest, curated
by Lloyd Herman, Washington State Convention and Trade Center, Seattle, WA.
Gardens and Sun Spaces Gallery, DuvaH, WA.
Spirited Touch' Treasured Objects, ArchetypeGal!er~,, NY, NY.
Decorative Me~al in Architecture, KCAC, Cultural Resources Gallery, Seattle, WA.
Artist-Made ~uilding Parts, AIA Resource Center, Seattle, WA.
Evolvin~ Archetypes, Archetype Gallery, NY.
Prott Faculty Exhibition, Foster-~^/hite in Kirkland, Kirkland, WA.
JEAN WHITESAVAGE -~5O~ l~th Avenue NW Seattle WA 981o7~r618
e-mail: nickjean~speakeasy, org
(
'~cLECTED EXHIBITIONS CONTINUED ......
ph/fax ¢206) 782-77p6
2
199~.-94-
199~.
1991
199o
Art Designed for Living, Archetype Gallery, NY.
Represented by Inside Gallery, Seattle,
Represented by Vox Gallery, Portland, OR.
The Future Envisioned, Archetype Gallery, NY
Illuminations, Bumbershoot Arts Festival, Seattle Center, Seattle, WA.
In ternational Women's Day Exhibition, Flag Pavilion, Seattle Center, Seattle, WA.
Function: an Exhibition of Furniture and Objects, Gallery 15~, Seattle, WA.
Fourth Annual Sculpture Garden Exhibition, juried by Phoebe Adams,
Burlington County College, Pemberton, NJ.
First Annual Outdoor Neon Exhibition, Glass Arts Society Conference, Corning, NY.
American Artists at the Bergkerk, Bergkerk Gallery, Deventer, Holland.
Artists' Visions of the City: an installation, Pyramid Arts Center,: Rochester, NY.
Tenth Year Anniversary Sculpture Show, Roger LaPelle Gallery, Phila., PA.
Recent Work, Solo Exhibition, Frances Gallery, St. Bonaventure University, Olean, NY.
Old Traditions/New Dimensions, Artists Blacksmiths Association of North America 199o
International Conference Exhibition, Alfred University, Alfred, NY.
Philadelphia Artists Co-operative Grand Opening, Second Street Art Building, Phila., PA.
Dom esticus In terrup tus, MFA Thesis Show, NYSCC at Alfred University, Alfred, NY.
EMPLOYMENT
1999
1998
1997
199:z-98
199:z-95
199o
1989
1988
1986-88
Lecturer, Northwest Designer Craftsmen, Pacific Lutheran University, Seattle, WA.
Speaker, Introduction to Public Art- A Training Workshop for Artists, sponsored by the Seattle Art Commissio:
at the Rainier Cultural Center, Seattle, WA:' '
Speaker, American Institute of Architects Series: Art and Architecture, Spading Building, Seattle, WA.
Speaker, Introduction to Public Art, a training workshop for artists, sponsored by Artists Trust,
at the Rainier Community Center, Seattle, WA.
Speaker, Don't Forget the Contingency; Budgeting for Public Art, Washington Cultural Congress,
Federal Way, WA
partner, Whitesavage & Lyle, Seattle, WA.
Instructor, Sculpture, Pratt Fine Arts Center, Seattle, WA.
Instructor, Liberal Arts Sculpture, NYSCC at Alfred University, Alfred NY.
Visiting Artist, Wichita State University, Wichita, KS.
Foundry Manager, NYSCC at Alfred University, Alfred, NY.
Teaching Assistant, Sophomore Sculpture, NYSCC at Alfred University, Alfred, NY.
Co-founder, Philadelphia Artists Co~operative, Phila., PA.
Nick Lyle
Education
4504 -14th Avenue NW Seattle WA 98107
e-mail: n, ickjea n~spea keasy.or~
ph/fax (~o6) 78:~'7796
1981
198~
1988
-B.A. History of Ideas, Williams College. Williamstown, MA.
-Art Student,~ League of New York, New York, NY.
-New York State College of Ceramics at Alfred University, studied glassblowing and metalwork.
Public Art
1999
-King Street Center, Seattle, WA. This commission encompasses the Northwest corner of an eight story
building including larqe forged steel entry gates and frieze, two side gates with sculptural panels, two
large forged brackets-for the building curtain wall, a decorative steel band and canopy for the NW cornice,
with King County Public Art Commission, NBBJ Architects, and Wright, Runstad & Co.
- Sound Transit Public Art Project commission to design art for the Sunset I-9o Interchange, Issaquah, WA.
-1999 Poetry & Art on Buses Project, King County Public Art Commission and Metro, King County, WA.
1998
-City of Olympia Arts Commission, large outdoor sculpture and landscaping for Olympia Farmers
Market, Olympia, WA.
-'Adobe Corporation, ten sculptural bollards, two view markers, two gates and a gazebo for Adobe's
campus at Lake Union, Seattle, WA.
1996 -Edmonds Arts Commission, sculptural door surround for City Hall reception area, Edmonds, WA.
1995-96
-Seattle Arts Commission 1% for the Arts Program, sculptural gazebo for Maple Leaf Park, Seattle, WA.
-King County Arts Commission 1% for the Arts Program, ~o lineal feet of guardraiis for
the Regional Justice Center, Kent, WA.
Apprenticeships, Residencies, and Employm~ent
1982 -Apprenticeship with Richard Lichtenstein, sculptor, New York, NY.
1983 -Apprenticeship with Julius Skow, stone mason, Acworth, NH.
198~ -Samuel Yellin Metalworkers, 552o Arch St., Philadelphia, PA.
198S -Heartwood Craftsmen,inc. Philadelphia, PA.
86-91 -Self-employed full time, designed and fabricated many works in forged steel, commissioned
by collectors in New York, Philadelphia, and Florida.
1986 -Founding member of Philadelphia Artists Co-operative, Philadelphia, PA. Technical director
and exhibitor in seven exhibitions through 1988.
1989 -Visiting Artist, Wichita State University, Wichita, KS.
199o -Blacksmith in residence, Art Park, Lewiston, NY.
199:z -Blacksmith, ~7 Productions, 5o3o zsth Ave. NE, Seattle, WA.
92-98 -Established Whitesavage & Lyle in partnership with Jean Whitesavage. We produce furniture,
architectural ironwork, and sculpture at our forge at ~So~ l~th Ave. NW, Seattle, WA.
93-98 -Instructor, Pratt Fine Arts Center, Seattle, WA.
1997- -Speaker, Don't Forget the Contingency; Budgeting for Public Art, Washington Cultural Congress,
Federal Way, WA.
1998- -Speaker, American Institute of Architects Series: Art and Architecture, Spading Building, Seattle, WA~
-Speaker, Introduction ~o Public Ar~- A Training Workshop for Artists, sponsored by Artist Trust,
at the Rainier Community Center, ~eattte, WA.
1999~ -Lecturer for the Northwest Designer Craftsmen, Pacific Lutheran University, Seattle, WA.
-Speaker, Introduction to Public A~t~ A Training Workshop for Artists, sponsored by the Seattle Art Commissio
at the Rainier Cultural Center, Seattle, WA.
Selected Exhibitions
199o
~991
-Artists 131acksmiEh Association of North America ~9o International Conference Exhibition, Alfred, NY.
-Art Designed for Living, Arci~eLype Gallery, 1~5 Mercer St., New York, NY.-International Conte,mporar'/ Furniture Fair, Jacob ,v,.JavitsCenter, New York, NY.
2
Nick Lyle
.)
~5o~ -1,~th Avenue NW Seattle WA 98107
e-maih .nickjeanCaspeakeasy.org
ph/fax (206) 782-7796
Selected Exhibitions continued...
9~--94,
1993
1994-
1996
1997
1998
1998
1999
-Art Designed for Living,, Archetype Gallery.
-The Future Envisioned, Archetype Gallery.
-Illuminations, Bumbershoot Arts Festival, Seattle Center, Seattle, WA.
-Function, Gallery 154-, Seattle, WA.
-Represented by Inside Gallery, Seattle,
-Spirited Touch, Archetype Gallery.
-Artist-Macle Building Parts, American Institute of Architects Resource Center, Seattle, WA
-Decorative Metal in Architecture, King County Arts Commission, Cultural Resources Division
Gallery, Seattle, WA
-Pratt Faculty Exhibit/on, Foster-White in Kirkland, Kirkland, WA.
-Represented by Vox Gallery, Portland, OR.
-Focus on Fire: Art in Architecture in the Pacific Northwest, curated by Lloyd E. Herman, Washington State Convention and Trade Center, Seattle, WA.
-Gardens and Sunspaces Gallery, Duvall, WA
-Ideas, From Here to There, curated by Donald Fels, Olympia Room, Bumbershoot Arts Festival, Seattle, WA.
-The Next Appointments, Lead Gallery Annex, Seattle, WA.
-Artist-Made Building Parts, Kirkland Art Center, Kirkland, WA.
-Too Sma II (To StandOn Their Own), Wall and Pedestal Sculpture, Lead Gallery Annex,
Seattle WA.
-sth An nual Sou Ipture Show, Basetti's Creoked Arbor Gardens, Wood/nv/lie, WA.
-Iron Art Northwest, presented by the Arts Council of Snohomish County, Everett Center
for the Arts, Everett, WA.
-Iron Art Northwest, presented by the Arts Council of Snohomish County, Everett Center
for the Arts, Everett, WA.
-Hot Iron in January, an exhibit of cast iron & forged steel sculpture by Northwest artists,
curated by Dan & Judith Caldwell & Jean Whitesavage, Pratt Gallery at CoCa, Center of
Contemporary Art, Seattle, WA.
-Living with Iron III, Works of Northwest Blacksmith Artists, Framewright Gallery, Bothell, WA.-Yard, statuary and functional outdoor sculpture, Lead Gallery Wine Bar, Seattle, WA~-Garden
Art Exhibition and Auction, Pratt Fine Arts, Seattle, WA.
MEETING DATE: November 16, 1999 ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA 1TEM
SUBJECT: Melissa Johnston Appeal of License Denial
CATEGORY:
BUDGET IMPACT:
_~_X CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: Proposed Order Adopting Hearing Examiner's Decision
SUMMARY/BACKGROUND: The Appellant, Melissa Johnston, filed an application for a Bathhouse
Manager. On August 13, 1999, the Clerk issued a denial letter to the Appellant based upon an
investigation which disclosed that the Appellant had made material misstatements on her application about
her criminal history. On August 17, 1999, the Appellant appealed the denial to the Hearing Examiner.
The Hearing Examiner upheld the denial of the license. On September 15, 1999, the Appellant appealed
the Hearing Examiner's decision to the City Clerk. The public hearing was held before the City Council
on November 2, 1999. The Appellant did not appear, but the City made a presentation. The City
Council's decision is to be made at the November 16, 1999 City Council meeting.
CITY COUNCIL COMMITTEE RECOMMENDATION: Because the Federal Way City Code
provides that a person may appeal a Hearing Examiner's decision upholding a bathhouse license denial to
the City Council, no committee review is available.
CITY MANAGER RECOMMENDATION: There is no City Manager recommendation because the
City Council is acting in a quasi-judicial capacity.
PACKET:
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
k:\agnditem\johnston.ord
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8
9
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~5
16
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27
8
BEFORE THE CITY COUNCIL
FOR THE CITY OF FEDERAL WAY
DRAFT
In the Matter of the Denial of Bathhouse
Manager/Attendant License for Melissa
Johnston,
Appellant.
ORDER ADOPTING HEARING
EXAMINER'S DECISION
THIS MATTER came before the Federal Way City Council on November 2, 1999, on
Appellant Melissa Johnston's appeal from the Heating Examiner's decision upholding the City of
Federal Way's denial of a Bathhouse Manager/Attendant License for Melissa Johnston.
The City Council, having fully reviewed the record and having listened to further oral
argument by Patricia A. Richardson, Assistant City Attomey, Appellant failing to appear during
public hearing on November 2, 1999, after receiving notice of such public hearing, hereby Orders
that the Findings of Fact, Conclusions of Law and Decision made by the Hearing Examiner in his
August 26, 1999 Decision, be adopted and incorporated herein by reference and that Appellant's
Application for a Bathhouse Manager be denied.
EFFECTIVE THIS 16th day of November, 1999.
APPROVED AS TO FORM:
Londi K. Lindell, City Attorney
K:\pleading\johnston2.ord
ORDER ADOPTING HEARING
EXAMINER'S DECISION- 1
Ron Gintz, Mayor
FEDERAL WAY CITY ~.TTORNEY
33530 First Way So. th
Federal Way, WA 98OO3-5006
(206) 6614034
MEETING DATE: November 16, 1999 ITEM# .~~'.)
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
CATEGORY: BUDGET IMPACT:
X
CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted:
Expenditure Amt:
Contingency Reqd:
$2,193,108.00
$1,900,029.52
N/A
ATTACHMENTS: Memorandum to the Land Use & Transportation Committee dated October 14, 1999
SUMMARY/BACKGROUND: The above referenced contract with M.A. Segale is complete. The final
construction contract amount is $1,900,029.52. This is 293,079.16 below the $2,193,108.00 (including
contingency) budget that was approved by the City Council on May 18, 1998.
Authorized funding for the 1998 Street Overlay project was not expended, and the City Council authorized
Public Works staff to add schedules E 1 and G back in to the contract. Therefore, the project completion date
was extended to 1999 due to weather conditions.
CITY COUNCIL COMMITTEERECOMMENDATION: At its November 4, 1999 meeting, the Land Use
& Transportation Committee forwarded to the full City Council for approval, the staff recommendation to
.....a..c...c...e.p...t...t..h...e....M...:..A...:..S..e..g. ~!.?..! .n..~.:.).9...9..~....A...s...p...h...a.!.t...0..v...e..r.!.~.y....P...r..o..i.,e. .c...t.,..! ..n..,t..h..e...~..m.
9..u..,n..t....o...f...*..!.,..9...0..0.:..0...2...9. :,.S..2....a...s.5.,o. ..m...p.!.e..t.e..: ..........
CITY MANAGER RECOMMENDATION: Approve Council Committee recommendation.
APPROVED FOR INCLUSION IN COUNCIL PACKE~~ '
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
K :\COUNC I L\AG DB I L LS\ 1999\overlay acceptance
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
DATE:
TO:
FROM:
SUBJECT:
October 14, 1999
Phil Watkins, Chair
Land Use/Transportation Committee
Marwan Salloum, Street Systems Manager
AG 98-109; 1998 Asphalt Overlay Project
Acceptance and Retainage Release
BACKGROUND
Prior to release of retainage on a Public Works construction project, the City Council must accept the
work as complete to meet State Department of Revenue and State Department of Labor and Industries
requirements. The above referenced contract with M. A. Segale, Inc. is complete. The final
construction contract amount is $1,900,029.52. This is $293,079.16 below the $2,193,108.00
(including contingency) budget that was approved by the City Council on May 18, 1998.
Due to fact that the 1998 Street Overlay authorized funding (including contingency) was not expended
and the City Council authorized Public Works Staff to add schedule E1 and G back in to the contract
if the funding allows (see attached memorandum). Staff added schedule E1 and G in to the contract
and extended the project completion date to 1999 due to weather condition.
Staff will be present at the November 1 st Land Use & Transportation meeting to answer any questions
the Committee might have.
RECOMMENDATION
Place the following item on the November 16, 1999 Council Consent Agenda for approval:
1. Acceptance of the M. A. Segale, Inc. 1998 Asphalt Overlay Project, in the amount of
$1,900,029.52, as complete.
MS:ms
cc: Cathy Rafanelli, Management Services
Project file AG 98-109
Day file
K:\LUTC\ 1999\98overly. fin
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: AG 98-185; Military Road South and South 304th Street and Traffic Signal Improvements
Project Acceptance and Retainage Release.
CATEGORY: BUDGET IMPACT:
X
CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted:
Expenditure Amt:
Contingency Reqd:
$921,298.67
$904,268.74
N/A
ATTACHMENTS: Memorandum to the Land Use & Transportation Committee dated October 14, 1999.
SUMMARY/BACKGROUND: The above referenced project with Scoccolo Construction, Inc. is complete.
The final construction amount is $904,268.74. This is $17,029.93 below the $921,298.67 (including
contingency) budget that was approved by the City Council on September 15, 1998.
CITY COUNCIL COMMITTEE RECOMMENDATION: At its November 4, 1999 meeting,the Land Use
& Transportation Committee forwarded to the full City Council for approval, the staff recommendation to
accept the Military Road South and South 304 Street and Traffic Signal Improvements Project in the amount
of $904,268.74 as complete.
CITY MANAGER RECOMMENDATION: Approve Council Committee recommendation.
APPROVED FOR INCLUSION IN COUNCIL PACKE~
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
K:\COUNCIL\AGDBILLS\I999\military road acceptance wpd
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
DA TE :
TO:
FROM:
SUBJECT:
October 14, 1999
Phil Watkins, Chair
Land Use/Transportation Committee
Marwan Salloum, Street Systems Manager
AG 98-185; Military Road South and South 304th Street and Traffic
Signal Improvements Project
Acceptance and Retainage Release
BACKGROUND
Prior to release of retainage on a Public Works construction project, the City Council must accept
the work as complete to meet State Department of Revenue and State Department of Labor and
Industries requirements. The above referenced contract with Scocollo Construction, Inc. is
complete. The final construction contract amount is $904,268.74. This is $17,029.93 below the
$921,298.67 (including contingency) budget that was approved by the City Council on September
15, 1998.
Staff will be present at the November 1st Land Use & Transportation meeting to answer any
questions the Committee might have.
RECOMMENDATION
Place the following item on the November 16, 1999 Council Consent Agenda for approval:
1. Acceptance of the Scocollo Construction, Inc. Military Road South and South 304th Street
and traffic signal Improvements Project, in the amount of $904,268.74, as complete.
CCi
Cathy Rafanelli, Management Services
Project file AG 98-185
Day file
K:\LUTC\ 1999\mili-304.fin
MEETING DATE: November 16, 1999 ITEM//
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
CATEGORY: BUDGET IMPACT:
X CONSENT
ORDINANCE
BUSINESS
I~EARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $ 0
Expenditure Amt: $ 0
Contingency Reqd: $ 0
ATTACItMENTS: October 27, 1999 memorandum from Stephen Clffion, Director of Community
.................................................... ............
SUMMARY/BACKGROUND: Request by Dick Butko for the city to initiate a legislative rezone process
for approximately 40.5 acres from RS 9.6 to RS 7.2. The site is located north ofSW 320~' Street, south of
SW 316~ Street and east of 8~ avenue SW. Refer to the attached memorandum.
CITY COUNCIL COMMITTEE RECOMMENDATION: The city initiate a legislative rezone
process subject to the following condition:
1. An amount equivalent to quasi-judicial rezone and environmemal application fees shall be paid to
................... ......................................................................................................
...................................
PACKET:APPROVED FOR INCLUS~x~C~
(BELOW TO BE C03,,[PLE~ BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
d 16:butko3.wp
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
October 27, 1999
TO: Land Use and Transportation Committee
FR: Stophcn Clifton, Director of Community Dcvelopmcnt
RE: Butko Legislative Rezone Request
Recommendation
The Land Use and Transportation Committee recommend to the City Council that the city initi'"'"'~e a legislative
rezone process for the area identified on exhibit A, subject to the following condition:
An amount equivalent to quasi-judicial rezone and environmental application fees shall be paid to the
city prior to initiating thc legislative rezone request.
Back~round
At your October 19, 1999 meeting, Terry Woods, agent for Dick Butko, requested that the city initiate a
legislativc rezone. The request includes property located gencrally north ofSW 320~ Street, south ofSW 316~
Strect, east of 8~ Avenue SW (if extendcd to SW 320a Strect) and west of the Mirror Woods Square and
Manor developments (generally west of 34 Place SW) (refer to exhibit A).
Thc request is to rezone this area from single family residential ("RS'~ 9.6 zoning to RS 7.2. Both zones allow
the same type of uses with RS 9.6 and RS 7.2 requiring minimum lot sizes of 9,600 square feet and 7,200
square feet respectively. Rezoning this approximately 40.5 acre area would yield an estimated 46 additional
single family homes based on raw land area. Howcver the city's ownership of Fishcr's Bog and the
configuration of current development would yield si~enificantly fcwer than 46 additional homes. A complctc
evaluation of density and other development issues will be performed if thc council initiates the rezone process.
On Septcmber 2, 1999, city staff mct with Mr. Butko to review a preapplication submittal for a proposcd
subdivision of nine lots and site specific quasi-judicial rezone from RS 9.6 to RS 7.2. The parcel is located
directly west of 6th Avenue SW and south of SW 317~ Placc if cxtendcd west. A site specific rezone request
of this typc must be reviewed under the quasi-judicial rezone procedures of Federal Way City Code ("FWCC'~
Article VHI, Process V Revicw (refer to exhibit B). A quasi-judicial rezone is typically initiated by a property
owner and involves only the owner's property. A request for quasi-judicial rezone is reviewed by the city's
Hearing Examiner for recommendation to the City Council based on decisional criteria outlined in exhibit B,
FWCC section 22-488(cX2)(a-d).
In summary, the applicant was advised that staff cannot support the rezone because it would not meet the
required quasi-judicial rezone decisional criteria. Specifically, staff concluded that conditions in thc vicinity
havc not significantly changed since adoption of thc 1995 city widc zoning map and the rezone would not
correct an inappropriate zone boundary (refer to exhibit B, FWCC section 22-488(c)(1)Co)(i-ii)). Since staff's
position is only advisory, the applicant could still submit and pursue a quasi-judicial rezone.
Leeislative Rezone Process
Alternatively, FWCC establishes a process for the city to consider re, zones on a larger area-wide basis. These
types ofrezones are called legislative rezones. Legislative re. zones are distinguished from quasi-judicial rezones
in that they are initiated by the city and include a large number of properties (refer to exhibit C, FWC C section
22-525). As an example, adoption ofthe citywide zoning map in 1995 was a legislative zoning process.
Criteria for considering legislative re. zones are far more general than the criteria for quasi-judicial rezones (refer
to exhibit C, FWCC section 22-526). Legislative rezones are reviewed by the Planning Commission for
recommendation to the City Council. Requests for legislative rezoaes can be initiated by the city council or
council committee, or requested by the planning commission, city staff or any interested person including
applicants, citizens, hearing examiner and staff of other agencies. In this case, staff directed the applicant to
initiate this request with the Land Use and Transportation Committee ("LUTC'~ for direction.
Relationship to Comprehensive Plan Update Process
LUTC members questioned how this action relates to the city's annual comprehensive plan amendment process.
The site is currently designated by the comprehensive plan as single family high density. This designation
contemplates both RS 9.6 and RS 7.2 as appropriate zone classifications. Therefore no comprehensive plan
amendment is required for this rezone. In addition, the city is limited to amending the comprehensive plan one
time per year. There is no such limitation on zoning map changes. This rezone action can occur at anytime
without impacting the comprehensive plan process.
Estimated Costs
LUTC members questioned what city costs would be associated with this type of action. There is currently
no city fee established for legislative rezones. For comparison purposes, quasi-judicial rezone fees for RS
zoning include a base fee of $508.00 plus $282.00 per acre to a maximum of $12,416.00. In addition,
environmental review fees would be $533.00. Quasi-judicial fees for this area of approximately 40.5 acres
would result in rezone and environmental application fees of $12,462.00. Staff estimates that this fee
represents the rough magnitude of stafftime and expenses involved in this type of action.
Summary
Without taking a position on the merits of the legislative rezone, stair does support the applicant's request for
the city to initiate a process to consider rezoning this area from RS 9.6 to RS 7.2. The area provides logical
boundaries, is surrounded by zoning of comparable or higher zoning density, is consistent with the
comprehensive plan and appears to be served by adequate urban services. If the council directs this legislative
rezone process, a full analysis of density, infrastructure, services and potential impacts will be provided.
Exhibits
A Area Map
B Federal Way City Code Article VIII, Process V Review
C Federal Way City Code Article IX, Process VI Review
dl 6:butko.wp
RS7.2
Exhibit A - Area Map
S.W.
316TH CT.
.6 _ ~ ~__ 9.6
Butko Property
S.W. 31TTH PL.
RM3600
Mirror Woods
Square
Size of Shaded Area:
40.59 Acres
RS9.
RS7.2
RS9.6
~ ~ .s~.=
~:[~ ~ ~ ~ / ~ ~ S.W. 320THST. ~
...... 100 0 1~ 2~ 3~ 4~ Feet
re: Th,s mar: ~etend~ for use as a gm~ca~ mp~senra~on on~y.
e Ci~ of F* '~ay makes no ~n~ as to its accuracy.
§ 22-460
Sec. 22-460. Complete compliance required.
(a) Generally. Except as specified in subsection
(b) of this section, the applicant must comply with
all aspects, including conditions and restrictions,
of an approval granted under this article in order
to do everything authorized by that approval.
(b) Exception; subsequent modification. If a
specific use or site configuration for the subject
property was approved under this article or any
quasi judicial process under a previous zoning
code, the applicant is not required to apply for and
obtain approval through this article for a subse-
quent change in use or site configuration unless:
(1) There is a change in use and this chapter
establishes different or more rigorous stan-
dards for the new use than for the exist-
lng use; or
(2) The director of community development
services determines that there will be
substantial changes in the impacts on the
neighborhood or the city as a result of the
change.
(Ord. No. 90-43, § 2(150.145), 2-27-90); Ord. No.
)2-133, § 3(150.145), 4-21-92; Ord. No. 97-291, §
3, 4-1-97)
Secs. 22-461--22-475. Reserved.
ARTICLE VIII. PROCESS V REVIEW -
QUASI-JUDICIAL REZONES*
Sec. 22-476. Administration.
This article describes process V. Under process
V, the hearing examiner will hold a public hearing
and based on the record of that hearing make a
recommendation to city council, which will then
decide upon the application.
(Ord. No. 97-291, § 3, 4-1-97)
*Editor's note--Ordinance No. 97-291, 8 3, ad',ted April
1, 1997, amended 88 22-476--22.498 to read as herein set out
as new 8§ 22-476--22-498. Formerly, such sections pertained
to process III review and derived from Ord. No. 90-43, 88
2(155.05--155.110), 2-27-90.
Cross references---City council, § 2-26 St seq.; hearing
examiner, 8 2-81 et seq; requirements for drainage review, 8
21-87; power and jurisdiction of the hearing examiner, 8 22-84;
quasi judicial rezoning of certain districts to be under the
orocess V review requirements, § 22-256 et seq.
FEDERAL WAY CITY CODE
Sec. 22-477. Types of rezones.
(a) There are two types of quasi judicial re-
zones as follows:
(1) Nonproject related. A quasi-judicial re-
zone will be treated as nonproject-related
if:
a. The proposed rezone is initiated by
the city and the subject property is
not owned by the city; or
b. The proposed rezone is from one
single family residential zone classi-
fication to another single family res-
idential zone classification.
(2) Project related. A quasi judicial rezone
will be treated as project-related when it
does not meet the requ. irements ofsubsec-
tion (a)(1) of this section. All project re-
lated rezones require a specific develop-
ment proposal for the subject property.
(Ord. No. 97-291, § 3, 4-1-97)
~388
Sec. 22-478. APplications.
(a) Who may a~pply. Any person may, person-
ally or through an agent, apply for a decision
regarding property he or she owns.
(b) How to apply. The applicant shall file thc
following information with the department of
community development services:
(1) Acompleted application, with supporting
affidavits, on forms provided by the de-
partment of community development ser-
vices;
(2) Two sets of stamped envelopes, and a list
of the same, labeled with the name and
address of all current owners of real prop-
erty, as shown in the records of the county
assessor for the subject property, within
300 feet of each boundary of the subject
property;
(3) A copy of the county assessor's map iden-
tifying the properties specified in subsec-
tion (b)(2) of this section;
(4) A vicinity map showing the subject prop-
erty wittkenough information to locate
the prope~t~ within the larger area;
PAGE i
ZONING § 22-481
(5) Any information or material that is spec-
ified in the provision of this chapter that
describes the applied-for decision;
(6) All information specified in section 22-32;
and
(7) Any additional information or material
that the director of commnnity develop-
ment services determines is reasonably
necessary for a decision on the matter.
(c) Fee. With the application the applicant shall
submit the fee established by the city. The appli-
cation will not be accepted'unless it is accompa-
nied by the required fee and meets the require-
ments of section 22-32 and this section relating to
what constitutes a complete application.
(Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99-337, § 2,
3-2-99)
Sec. 22-479. Compliance with State Environ-
mental Policy Act.
The State Environmental Policy Act applies to
the decisions that will be made using this article.
The director of community development services
shall evaluate each application and, where appli-
cable, comply with the State Environmental Pol-
icy Act and with state regulations and city ordi-
nances issued under the authority of the State
Environmental Policy Act.
(Ord. No. 97-291, § 3, 4-1-97)
Sec. 22-480. Official file.
(a) Contents. The director of community devel-
opment services shall compile an official file on
the application containing the following:
(1) All application materials submitted by
the applicant.
(2) The staff report.
(3) All written comments 'received on the
matter.
(4) The electronic recording of the public hear-
lng on the matter.
(5) The recommendation ofthehearing exam-
incr.
(6) The electronic sound recording and min-
utes of the city council proceedings on the
matter.
(7) The decision of city council.
(8) Any other information relevant to the
matter.
(b) Availability. The official file is a public
record. It is available for inspection and copying
in th~ department of community development
services during regular business hours.
(Ord. No. 97-291, § 3, 4-1-97)
Sec. 22-481. Notice.
(a) Contents. The director of community devel-
opment services shall prepare a notice of each
application containing the following information:
(1) The name ~f the applicant, the project
name (if applicable), the date of applica-
tion, and the date of the notice of applica-
tion.
(2) The street address of the subject property
or, if this is not available, a locational
description in nonlegal language. Except
for notice published in the newspaper of
general circulation in the city, the notice
must also include a vicinity map that
identifies the subject property.
(3) The citation of the provision of this chap-
ter describing the requested decision and
to the extent known by the city, any other
permits which are not included in the
application.
(4) A brief description of the requested deci-
sion, a list of the project permits included
in the application, and, if applicable, a list
of any studies requested under RCW
36.70A.440.
(5) The date, time, and place of the public
hearing.
(6) A statement of the availability of the
official file.
(7) A statement of the right of any person to
submit written or oral comments to the
hearing examiner regarding the applica-
tion.
Supp. No. 21
1389
PAGE
§ 22-481 FEDERAL WAY CITY CODE
(8) A statement that only persons who sub-
mit comments to the hearing examiner or
specifically request a copy of the original
decision may appeal the hearing examiner's
decision.
(9) The identification of existing environmen-
tal documents that evaluate the proposed
project and the location where the appli-
cation and any studies can be reviewed.
(10) A statement of the preliminary determi-
nation, if one has been made at the time of
notice, of those development regulations
that will be used for project mitigation.
(b) Distribution. The director of community
development services shall distribute this notice
at least 14 calendar days before the public hear-
ing as follows:
(1) A copy will be sent to the persons receiv-
ing the property tax statements for all
property within 300 feet of each boundary
of the subject property.
(2) A copy will be published in the newspaper
of general circulation in the city.
(3) A copy will be posted on each of the official
notification boards of the city.
(c) Public notification sign. The applicant shall
erect at least one public notification sign which
complies with standards developed by the depart-
ment of community development services. This
sign shall be located on or near the subject prop-
erty facing the fight-of-way or vehicle access
easement or tract providing direct vehicle access
to the subject property. The director of community
development services may require the placement
of additional public notice signs on or near the
subject property if he or she determines that this
is appropriate to provide notice to the public.
.~, -
(d) Timing. The public notification sign or signs
must be in place at least ten calendar days before
the public hearing and removed within seven
calendar days after the final decision of the city
on the matter.
(Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99-337, § 2,
3-2-99)
Sec. 22-482. Staff report.
(a) Contents. The director of community devel-
opment services shall prepare a staff report con-
taining the following information:
(1) All pertinent application materials.
(2) All comments regarding the matter
ceived by the department of community
development services prior to distribution
of the staff report.
(3) An analysis of the application under the
relevant provisions of this chapter and
the comprehensive plan.
(4) A statement of the facts found by the
director of community development ser-
vices and the conclusions drawn from
those facts.
(5) A recommendation on the matter.
(b) Distribution. At least seven calendar days
before the hearing, the director of community
development services shall distribute the staff
report as follows:
(1) A copy will be sent to the hearing exam-
iner.
(2) A copy will be sent to the applicant.
(3) A copy will be sent to each person who has
specifically requested it.
(Ord. No. 97-291, § 3, 4-1-97)
Sec. 22-483. Open record hearing.
(a) General. The hearing examiner shall hold
an open record hearing on each application.
(b) Open topublic. The hearings of the hearing
examiner are open to the public.
(c) Effect. The hearing of the heating examiner
is the hearing for city council on the application.
(Ord. No. 97-291, § 3, 4-1-97)
Sec. 22-484. Electronic sound recording.
The hearing examiner shall make a complete
electronic sound recording of each public hearing.
(Ord. No. 97-291, § 3, 4-1-97)
1390
PAGE,,,
ZONING § 22-488
Sec. 22-485. Burden of proof.
The applicant has the responsibility of convinc-
ing the city that, under the provision of this
article, the applicant is entitled to the requested
decision.
(Ord. No. 97-291, § 3, 4-1-97)
Sec. 22-486. Public comments and participa-
tion at the hearing.
Any person may participate in the public hear-
lng in either or both of the following ways:
(1) By submitting written comments to the
hearing examiner, either by delivering
these comments to the department of corn-
munity development services prior to the
hearing or by giving these directly to the
hearing examiner at the hearing.
(2) By appearing in person, or through a
representative, at the hearing and mak-
ing oral comments directly to the hearing
examiner. The hearing examiner may rea-
sonably limit the extent of oral comments
to facilitate the orderly and timely con-
duct ~f the hearing.
(Ord. No. 97-291, § 3, 4-1-97)
Sec. 22-487. Continuation of the hearing.
The hearing examiner may continue the hear-
ing if, for any reason, he or she is unable to hear
all of the public comments on the matter or if the
hearing examiner determines that he or she needs
more information on the matter. If, during the
hearing, the hearing examiner announces the
time and place of the next hearing on the matter
and a notice thereof is posted on the door of the
hearing room, no further notice of that hearing
need be given.
(Ord. No. 97-291, § 3, 4-1-97)
Sec. 22-488. Recommendati6n by the hear-
ing examiner.
(a) Generally. After considering all of the infor-
mation and comments sul~mitted on the mattel
the hearing examiner shall issu~ a written recom-
mendation to the city council.
1390.1
(b) 2~ming. Unless a longer period is agreed to
by the applicant, the hearing examiner must
issue the recommendation within ten working
days after the close of the public hearing.
(c) Decisional criteria. The hearing examiner
shall use the following criteria for quasi judicial
rezones:
(1)_ The city may approve an application for a
quasi-judicial nonproject rezone only if it
finds that:
a. The proposed rezone is in the best
interest of the residents of the city;
and
b. The proposed rezone is appropriate
because either:
i. Conditions in the immediate vi-
cinity of the subject property
have so significantly changed
since the property was given its
present zoning and that, under
those changed conditions, a re-
zone is within the public inter-
est; or
ii. The rezone will correct a zone
classification or zone boundary
that was inappropriate when
established.
c. It is consistent with the comprehen-
sive plan;
d. It is consistent with all applicable
provisions of the chapter, including
those adopted by reference from the
comprehensive plan; and
e. It is consistent with the public health,
safety, and welfare.
(2) The city may approve an application for a
quasi-judicial project related rezone only
if it finds that:
a. The criteria in subsection (1) above
are met; and
b. The proposed project complies with
this chapter in all respects; and
c. The site plan of the proposed project
is designed to minimize all adverse
PAGE
§ 22-488 FEDElL\L WAY CITY CODE
do
impacts on the developed properties
in the immediate vicinity of the sub-
ject property; and
The site plan is designed to mini-
mize impacts upon the public ser-
vices and utilities.
(d) Conditions and restrictions. The hearing
examiner shall include in the written recommen-
dation any conditions and restrictions that the
examiner determines are reasonably necessary to
eliminate or minimize any undesirable effects of
granting the requested rezone. ~-"
(e) Contents. The hearing examiner shall in-
clude the following in the written recommenda-
tion to city council:
(1) A statement of facts presented to the
hearing examiner that supports his or her
recommendation, including any condi-
tions and restrictions that are recom-
mended.
(2) A statement of the hearing examiner's
conclusions based on those facts.
(3) A statement of the criteria used by the
hearing examiner in making the recom-
mendation.
(4) The date of issuance of the recommenda-
tion.
(f) Distribution of written recommendation. The
director of community development services shall
distribute copies of the recommendation of the
hearing examiner as follows:
(1) After the hearing examiner's written rec-
ommendation is issued, a copy will be
sent to the applicant, to each person who
submitted written or oral testimony to the
hearing examiner, and to each person who
specifically requested it. ~
(2) Prior to the meeting where city council
considers the application, a copy will be
sent to each member of city council. The
director of community development ser-
vices shall include a draft resolution or
ordinance that embodies the hearing
examiner's recommendation with the copy
of the recommendation sent to each city
council member.
(Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99-337, § 2,
3-2-99)
Sec. 22-489. City council action.
(a) Generally. The city council shall consider
the application at a scheduled meeting within 90
calendar days of the date of issuance of the
hearing examiner's recommendation. This time
period may be extended upon written agreement
of the director of community development ser-
vices and the applicant. Calculation of this time
period shall not include any time necessary for a
reopening of the hearing before the hearing ex-
~miner under section 22-489(c).
(b) Supplemental distribution. The director of
community development services shall promptly
send to each city council member any other rele-
vant information not previously distributed to
council members.
(c) Scope of review. The city council review of
the rezone application shall be limited to the
record of the hearing before the hearing exam-
iner, oral comments received during the public
meeting (so long as those comments do not raise
ne~v issues or information not contained in the
examiner's record), and the hearing examiner's
written report. These materials shall be reviewed
for compliance with review criteria set forth in
section 20-125. The city council may also receive
and review new evidence or information not con-
tained in the record of hearing before the hearing
examiner, but only if that evidence or informa-
tion: (i) relates to the validity of the hearing
examiner's decision at the time it was made and
the party offering the new evidence did not know
and was under no duty to discover or could not
reasonably have discovered the evidence until
after the hearing examiner's decision; or (ii) the
hearing examiner improperly excluded or omitted
the evidence from the' record. If the city council
concludes, based upon a challenge to the hearing
examiner recommendation or upon its own review
of the recommendation, that the record compiled
by the hearing examiner is incomplete or inade-
Eupp. No. 21
1390.2
.OF
ZONING § 22-459
quate to allow the city council to make a decision
on the application, the city council may by motion
remand the matter to the hearing examiner with
the direction to reopen the hearing and provide
supplementary findings and/or conclusions on the
matter or matters specified in the motion.
Sul)l). N,). 21
1390.2.1
PAGE
__OF a
ZONING § 22-491
(d) City council decision. After consideration of
the entire matter, the city council shall, by action
approved by a majority of the total membership,
take one of the following actions:
(1) Project related rezone. The city council
has the option to:
a. Grant the application as proposed;
or modify and grant the application.
In either case, it shall give effect to
this decision by adopting a resolu-
tion of intent to rezone.
b. Deny the application. The city coun-
cil shall give effect to a denial by
adopting a resolution pursuant to
section 22-489(g).
(2) Non-project rezone. The city council has
the option to:
a. Approve the application, or modify
and approve the application. In ei-
ther case, it shall give effect to this
decision by adopting an ordinance
amending the zoning map of the city.
b. Deny the application. The city coun-
cil shall give effect to a denial by
adopting a resolution pursuant to
section 22-489(g).
(e) Decisional criteria. The city council shall
use the criteria listed in section 22-488(c).
(f) Conditions and restrictions. The city council
shall include in the ordinance or resolution grant-
ing the rezone any conditions and restrictions it
determines are necessary to eliminate or mini-
mize any undesirable effects of granting the re-
zone. Any conditions and restrictions that are
imposed become part of the decision.
(g) Findings of fact and cor~lusions. The city
council shall include in the ordinance or resolu-
tion:
(1)
(2)
A statement of the facts that support the
decision, including,any conditions and re-
strictions that are imposed; and
The city council's conclusions based on
those facts.
(h) Effect. The decision of city council on an
application for either a nonproject or project re-
lated rezone is the final decision of the city.
(Ord. No. 97-291, § 3, 4-1-97)
Sec. 22-490. Notice of final decision.
(a) General. Following the final decision by the
city council, the director of community develop-
ment services shall prepare a notice of the city's
final decision on the application.
(b) Distribution. After the city council's deci-
sion is made, the director of community develop-
ment services shall distribute a copy of the notice
of the final decision as follows:
(1) A copy will be mailed to the applicant.
:
(2) A copy will be mailed to any person who
submitted written or oral comments to
the hearing examiner.
(3) A copy will be mailed to each person who
has specifically requested it.
(4) A copy will be mailed to the King County
Assessor.
(Ord. No. 97-291, § 3, 4-1-97)
Sec. 22-491. Effect of city council approval
of project-related rezone.
(a) Effect on the applicant. The applicant may,
subject to all applicable codes and ordinances,
develop the subject property in conformity with
the resolution of intent to rezone and the site plan
approved as part of that resolution.
(b) Effect on the city. If the applicant completes
development of the subject property in conformity
with the resolution of intent to rezone and the site
plan approved as part of that resolution, the city
shall give effect to the rezone by adopting an
ordinance that makes the zone boundary or clas-
sification change to the zoning map approved in
the resolution of intent to rezone.
(c) [Activity after notice.] The applicant may
not engage in any activity based on the decision
until the third working day after the notice of the
final decision is distributed under section 22-490.
Supp No 17
13903
PAG E_fi__ OF ?
§ 22-491
FEDERAL WAY CITY CODE
(d) Nonproject rezone. If the city council ap-
proves a quasi-judicial nonproject rezone it will
give effect to this decision by adopting an ordi-
nance amending the zoning map of the city.
(Ord. No. 97-291, § 3, 4-1-97)
Sec. 22-492. Modifications.
(a) Minor modifications, Subsequent to the
adoption of the resolution of intent to rezone, the
applicant may apply for a minor modification to
the site plan approved as part of that resolution.
The city will use process III describe..d in sections
22-386 through 22-411 to review affd decide upon
an application for a minor modification. The city
may approve a minor modification only if it finds
that:
(1) The change will not result in reducing the
landscaped area, buffer areas, or the
amount of open space on the project;
(2) The change will not result in increasing
the residential density or gross floor area
of the project;
(3) The change will not result in any struc-
ture, or vehicular circulation or parking
area being moved more than ten feet in
any direction and will not reduce any
required yard;
(4) The change ~vill not result in any increase
in height of any structure;
(5) The change will not result in a change in
the location of any access point to the
project; and
(6) The change will not increase any adverse
impacts or undesirable effects of the project
and that the change in no way signifi-
cantly alters the project.
(Ord. No. 97-291, § 3, 4-1-97)
Cross reference--Process III review procedure require-
ments, § 22-386 et seq.
Sec. 22-493. Same--Major modifications.
If the applicant seeks a modification to the
approved site plan that does not meet all of the
requirements of section 22-493, the applicant may
do so by submitting the application material
required for a new quasi-judicial project related
rezone. The city will proce.ss and decide upon this
application as if it were an application for a new
quasi-judicial project related rezone.
(Ord. No. 97-291, § 3, 4-1-97)
Sec. 22-494. Judicial review.
The action of the city in granting or denying an
application under this article may be reviewed
pursuant to RCW 36.70C in. King County Supe-
rior' Court. The land use petition shall be filed
within 21 calendar days of the issuance of the
final land use decision of the city.
(Ord. No. 97-291, § 3, 4-1-97)
Sec. 22-495. Lapse of approval.
The applicant must begin construction, or sub-
mit to the city a complete building permit appli-
cation for the development activity, use of land, or
other actions approved under this article within
one year after the final decision on the matter, or
the decision becomes void, provided the city coun-
cil may, in the resolution of intent to rezone,
extend the time limits contained herein. The
applicant must substantially complete construc-
tion for the development activity, use of land, or
other actions approved under this article and
complete the applicable conditions listed in the
decision within five years after the final decision
of the city on the matter, or the decision becomes
void. If litigation is initiated pursuant to this
article, the time limits of this section are auto-
matically extended by the length of time between
the commencement and final termination of that
litigation. If the development activity, use of land,
or other action approved under this article in-
cludes phased construction, the time limits of this
subsection may be extended in the decision on the
application.
(Ord. No. 97-291, § 3, 4-1-97)
Sec. 22-496. Time extension.
(a) Application. Prior to the lapse of approval
for a project related rezone under section 22-495,
the applicant may submit a written application in
the form of a letter with supporting documenta-
tion to the department of community develop-
ment services requesting a one-time extension of
those time limits of up to one year.
Supp N. I ;'
1390.4
ZONING 9 22-516
(b) Criteria. The request must demonstrate
that the applicant is making substantial progress
on the development activity, use of land, or other
actions approved under this article and that cir-
cumstances beyond the applicant's control pre-
vent compliance with the time limits of section
22-495.
(c) Fee. The applicant shall include, with the
letter of request, the fee as established by the city.
The application will not be accepted unless it is.
accompanied by the required fee.
(d) Review process. An application for a time
extension will be reviewed:and decided upon by
the director of community development services.
(e) Appeals. Any person who is aggrieved by
the granting or denying of a request for a time
extension under this section may appeal that
decision. The appellant'mdSt file a letter of appeal
indicating how the decision on the time extension
effects the appellant's property and presenting
any relevant material or information supporting
the appellant's contention. The appeal will be
heard and decided upon using process IV, de-
scribed in section 22-476 et seq. Any time limit,
pursuant to RCW 36.70B, upon the city's process-
ing and decision upon applications under this
article may, except as other~vise specifically stated
in this chapter, be modified by a written agree-
ment between the applicant and the director of
community development services.
(Ord. No. 97-291, § 3, 4-1-97)
Cross reference--Process IV review procedures, § 22-,176
et seq.
Sec. 22-497. Bonds.
The city may require a bond under section
22-146 et seq. to ensure compliance with any
aspect of the permit or approval.
(Ord. No. 97-291, § 3, 4-1-97)
Cross reference--Bond requirements, § 22-146 et seq.
Sec. 22-498. Complete comp~ce required.
(a) General. Except as specified in subsection
(b) of this section, the applicant must comply with
all aspects, including condiflions and restrictions,
of an approval granted under this article in order
to do everything authorized by that approval.
l :{90.5
(b) Exception, subsequent modification. If a
specific use or site plan for the subject property
was approved under this article, or any quasi-
judicial process under a previous zoning code, the
applicant is not required to apply for and obtain
approval through this article for a subsequent
change in a use or site plan unless:
(1) There is a change in use and this chapter
establishes different or more rigorous stan-
; dards for the new use than for the exist-
ing use; or '
(2) The director of community development
services determines that there will be
substantial changes in the impacts on the
neighborhood or the city as a result of the
change.
(Ord. No. 97-291, § 3, 4-1-97)
Secs. 22-499--22-515. Reserved.
ARTICLE IX. PROCESS VI REVIEW*
Sec. 22-516. Purpose.
Various places in this chapter indicate that
certain proposals to amend the zoning map through
a legislative rezone, amend the text of this chap-
ter, or amend the comprehensive plan must be
reviewed and decided upon using process VI. This
article describes process VI.
(Ord. No. 99-337, § 2, 3-2-99)
*Editor's note---Ord. No. 99-337, 9 2, adopted March 2,
1999 repealed article IX, 99 22~516--22-538 in its entirety and
enacted a new article IX, 99 22-516--22-543. Former article IX
pertained to similar material and derived from Ord. No. 90-43,
9 2(130.10, 130.20, 130.25, 135.15, 140.15, 140.20, 140.25,
160.05, 160.10, 160.15, 160.20, 160.25, 160.30, 160.40, 160.45,
160.50, 160.55, 160.60, 160.65, 160.70, 160.75), adopted Feb.
27, 1990; Ord. No. 91-112, 9 1(160.10, 160.15, 160.20, 160.25,
160.30, 160.40, 160.45, 160.50, 160.55, 160.60, 160.65, 160.70,
160.75), adopted Dec. 3, 1991; and from Ord. No. 97-291, 9 3,
adopted April 1, 1997.
Cross references--Requirements for drainage review, 9
21-87; power and jurisdiction of the planning commission, 9
22-59; amendments to the zoning regulations to be processed
under the process VI procedure, 9 22-216; amendments to the
comprehensive plan to be processed through process VI review
procedures, 9 22-236; comprehensive plan, § 22-236 et seq.;
legislative rezoning, 9 22-276 et seq.; amendments, 9 22-216 et
seq.; legislative rezoning of certain districts to be under
process VI review, § 22-276.
ZONING § 22-516
(b) Criteria. The request must demonstrate
that the applicant is making substantial progress
on the development activity, use of land, or other
actions approved under this article and that cir-
cumstances beyond the applicant's control pre-
vent compliance with the time limits of section
22-495.
(c) Fee. The applicant shall include, with the
letter of request, the fee as established by the city.
The application will not be accepted unless it is
accompanied by the required fee.
(d) Review process. An application for a time
extension will be reviewed~nd decided upon by
the director of community development services.
(e) Appeals. Any person who is aggrieved by
the granting or denying of a request for a time
extension under this section may appeal that
decision. The appellant must file a letter of appeal
indicating how the decision on the time extension
effects the appellant's property and presenting
any relevant material or information supporting
the appellant's contention. The appeal will be
heard and decided upon using process IV, de-
scribed in section 22-476 et seq. Any time limit,
pursuant to RCW 36.70B, upon the city's process-
lng and decision upon applications under this
article may, except as otherwise specifically stated
in this chapter, be modified by a written agree-
ment between the applicant and the director of
community development services.
(Ord. No. 97-291, § 3, 4-1-97)
Cross reference--Process IV review procedures, § 22-476
et seq.
Sec. 22-497. Bonds.
The city may require a bond under section
22-146 et seq. to ensure compliance with any
aspect of the permit or approval.
(Ord. No. 97-291, § 3, 4-1-97)
Cross reference~Bond requirements, § 22-146 et seq.
Sec. 22-498. Complete compliance required.
(a) General. Except as specified in subsection
(b) of this section, the applicant must comply with
all aspects, including conditions and restrictions,
of an approval granted under this article in order
to do everything authorized by that approval.
(b) Exception, subsequent modification. If a
specific use or site plan for the subject property
was approved under this article, or any quasi-
judicial process under a previous zoning cede, the
applicant is not required to apply for and obtain
approval through this article for a subsequent
change in a use or site plan unless:
(1) There is a change in use and this chapter
establishes different or more rigorous stan-
- dards for the new use than for the exist-
ing use; or ~
(2) The director of community development
services determines that there will be
substantial changes in the impacts on the
neighborhood or the city as a result of the
change.
(Ord. No. 97-291, § 3, 4-1-97)
Secs. 22-499--22-5i5. Reserved.
ARTICLE IX. PROCESS VI REVIEW*
Sec. 22-516. Purpose.
Various places in this chapter indicate that
certain proposals to amend the zoning map through
a legislative rezone, amend the text of this chap-
ter, or amend the comprehensive plan must be
reviewed and decided upon using process VI. This
article describes process VI.
(Ord. No. 99-337, § 2, 3-2-99)
*Editor's note-Ord. No. 99-337, § 2, adopted March 2,
1999 repealed article IX, §§ 22-516~22-538 in its entirety and
enacted a new article IX, §9 22-516-22-543. Former article IX
pertained to similar material and derived from Ord. No. 90-43,
§ 2(130.10, 130.20, 130.25, 135.15, 140.15, 140.20, 140.25,
160.05, 160.10, 160.15, 160.20, 160.25, 160.30, 160.40, 160.45,
160.50, 160.55, 160.60, 160.65, 160.70, 160.75), adopted Feb.
27, 1990; Ord. No. 91-112, § 1(160.10, 160.15, 160.20, 160,25,
160.30, 160.40, 160.45, 160.50, 160.55, 160.60, 160.65, 160.70,
160.75), adopted Dec. 3, 1991; and from Ord. No. 97-291, § 3,
adopted April 1, 1997.
Cross references--Requirements for drainage review, §
21-87; power and jurisdiction of the planning commission, §
22-59; amendments to the zoning regulations to be processed
under the process VI procedure, § 22-216; amendments to the
comprehensive plan to be processed through process VI review
procedures, § 22-236; comprehensive plan, § 22-236 et seq.;
legislative rezoning, § 22-276 et seq.; amendments, § 22-216 et
seq.; legislative rezoning of certain districts to be under
process VI review, § 22-276.
Supp. No. 21
1390.5
PAGE
§ 22-517 FEDERAL gVAY CITY CODE
Sec. 22-517. Initiation of proposals.
A proposal that will be reviewed using this
article may be initiated by the city council or
council committee, or requested by the planning
commission, city staff, or any interested person,
including applicants, citizens, hearing exnminers,
and staff of other agencies.
(Ord. No. 99-337, § 2, 3-2-99)
Cross references-City council, § 2-26 et seq.; planning
commission, § 22-56 et seq.
Sec. 22-518. Docket.
The department of community development
services shall maintain a docket of all changes to
the comprehensive plan or development regula-
tions and proposed by interested persons (includ-
ing development applicants, citizens, hearing ex-
aminers, and/or other agencies and staff).
(Ord. No. 99-337, § 2, 3-2-99)
Sec. 22-519. Compliance with State Environ-
mental Policy Act.
The State Environmental Policy Act applies to
some of the decisions that will be made using this
article. The director of community development
services shall evaluate each proposal and, where
applicable, comply with the State Environmental
Policy Act and with state regulations and city
ordinances issued under authority of the State
Environmental Policy Act.
(Ord. No. 99-337, § 2, 3-2-99)
Sec. 22-520. City council review.
(a) Docketed amendment requests. The city coun-
cil shall review all requests docketed with the
department of community development services
concurrently, on an annual basis and consistent
with RCW 36.70A.130(2). As part of such annual
review, the council shall review all r~uests re-
ceived prior to September 30 of the caler~dar year.
Requests submitted after September 30 shall be
considered during the following annual review. In
addition, for calendar year 1999,only, the city
council shall review all requests received prior to
April 30, and shall consider and act upon those
amendments during 1999.
(b) Other amendments. The city council shall
review city-initiated changes to the text of the
comprehensive plan concurrently with docketed
amendment requests. The city council may also
review or amend the comprehensive plan when-
ever an emergency exists, to resolve an appeal of
the comprehensive plan or amendments thereto,
or in other circumstances as provided for by RCW
36.70A. 130(2)(a).
The city Council may also review city-initiated
changes to the text of this chapter or to the city's
zoning map from time to time at the councirs
discretion.
(c) Additional information. The city council
may request, through the city manager, that the
department of community development services
or any other department of the city provide any
information or material on' the proposal(s), con-
sistent with section 22-531.
Cross reference--City council, § 2-26.
(Ord. No. 99-337, § 2, 3-2-99)
Sec. 22-521. Timing of filing;, notice.
Sixty days prior to September 30 in each cal-
endar year, the city shall notify all persons who
submitted docket forms after September 30 of the
previous calendar year. In 1999 only, 60 days
prior to April 30, the city shall notify all persons
whose comprehensive plan amendment requests
were not considered during the 1998 amendment
process. Notice shall also be given as follows:
(1) Public notice notifying the public that the
amendment process has begun shall be
published in the city's official newspaper.
(2) Notice shall be posted on the official city
public notice boards.
(3) A copy of the notice shall be mailed to
other local newspapers.
(4) All agencies, organizations, and adjacent
jurisdictions with an interest, and all per-
sons, who in the judgement of the director
of community development services may
be directly affected by changes to the
comprehensive plan shall be sent a copy
of the notice. In determining who may be
affected by comprehensive plan changes,
1390.6
..... OF 7
ZONING § 22-524
the director may rely on written correspon-
dence indicating an interest and received
after September 30 of the previous year.
(Ord. No. 99-337, § 2, 3-2-99)
Sec. 22-522. Application.
(a) Who may apply. Any person may, person-
ally or through an agent, apply for a site-specific
comprehensive plan designation change with re-
spect to property he or she owns. In addition, any.
person may, personally or through an agent, re-
quest changes to the text of the comprehensive
plan or development regu~lations codified in this
chapter.
(b) How to apply. An applicant must complete
a docket form prepared by the city. An applicant
seeking a site-specific plan or zoning designation
change shall also file the information specified in
section 22-478 with the department of community
development services.
(c) The director of community development
services shall have the authority to waive any of
the requirements of this section, if in the director's
discretion, such information is not relevant or
would not be useful to consideration of the pro-
posed amendment.
(d) Fee. There is no fee for this initial applica-
tion. After the prioritization process, applications
to be considered during the amendment process
shall submit the fee established by the city.
(Ord. No. 99-337, § 2, 3-2-99)
Sec. 22-523. Criteria for prioritizing plan
amendment requests.
(a) After September 30 but prior to adopting
any docketed amendment requests, the city coun-
cil shall hold a public hearing and select those
docketed amendment requests it wishes to con-
sider for adoption. In 1999 only, selection shall
occur after April 30, but prior to adoption of
docketed amendments. ~
(b) The city council shall consider the follow-
ing criteria following a public hearing in selecting
the comprehensive plan amendments to be con-
sidered during the upcomiiSg cycle:
(1) Whether the same area or issue was stud-
ied during the last amendment process
and conditions in the immediate vicinity
have significantly changed so as to make
the requested change within the public
interest.
(2) Whether the proposed amendment is con-
sistent with the overall vision of the com-
prehensive plan.
(3) Whether the proposed amendment meets
existing state and local laws, including
the Growth Management Act.
(4) In the case of text amendments or other
amendments to goals and policies, whether
the request benefits the city as a whole
versus a selected group.
(c) If the request meets the criteria set forth in
subsections (1)--(4) above, it shall be further
evaluated according, to the following criteria:
(1) Whether the proposed amendment can be
incorporated into planned or active projects.
(2) Amount of analysis necessary to reach a
recommendation on the request. If a large
scale study is required, a request may
have to be delayed until the following
year due to work loads, staffing levels,
etc.
(3) Volume of requests received. A large vol-
ume of requests may necessitate that some
requests be reviewed in a subsequent year.
(4) Order of requests received.
(d) Based on its review of requests according to
the criteria in subsections (b) and (c) above, the
council shall determine which requests shall be
further considered for adoption, and shall forward
those requests to the planning commission for its
review and recommendation.
(e) The council's decision to conside} a pro-
posed amendment shall not constitute a decision
or recommendation that the proposed amend-
ment should be adopted nor does it preclude later
council action to add or delete an amendment for
consideration.
(Ord. No. 99-337, § 2, 3-2-99)
Sec. 22-524. Preapplications required.
All applicants seeking an amendment to com-
prehensive land use designations of the official
Supp. No. 21
1390.7
§ 22-524 FEDERAL WAY CIqW CODE
comprehensive plan (site-specific requests) must
apply for a pre-application conference with the
city's development review committee (CDRC).
(Ord. No. 99-337, § 2, 3-2-99)
Sec. 22-525. Legislative rezones.
(2) The proposed amendme.nt bears a substan-
tial relation to public health, safety, or
welfare; and
(3) The proposed amendment is in the best
interest of the residents of the city.
(Ord. No. 99-337, § 2, 3-2-99)
A legislative rezone is a rezone that meets the
following criteria:
a. It is initiated by the city; and
b. It includes a large number of properties
which would be similarly affected by the
proposed rezone.
All other rezones not meeting the above criteria
are treated as quasijudicial rezones and are re-
viewed and decided upon using process V.
(Ord. No. 99-337, § 2, 3-2-99)
Sec. 22-526. Criteria for approving a legisla-
tive rezone.
The city may decide to approve a legislative
rezone only if it finds that:
(1) The proposal is consistent with the com-
prehensive plan;
(2) The proposal bears a substantial relation
to public health, safety, or welfare; and
(3) The proposal is in the best interest of the
residents of the city.
(Ord. No. 99-337, § 2, 3-2-99)
Sec. 22-527. Map change.
If the city approves a legislative rezone it will
give effect to this decision by making the neces-
saw amendment to the zoning map of the city.
(Ord. No. 99-337, § 2, 3-2-99)
Sec. 22-529. Factors to be considered in a
comprehensive plan amend-
ment.
The city may consider, but is not limited to, the
following factors when considering a proposed
amendment to the comprehensive plan:
(1) The effect upon the physical environment.
(2) The effect on open space, streams, and.
lakes.
(3) The compatibility ~vith and impact on
adjacent land uses and surrounding neigh-
borhoods.
(4) The adequacy of and impact on commu-
nity facilities including utilities, roads,
public transportation, parks, recreation,
and schools.
(5) The benefit to the neighborhood, city, and
region.
(6) The quantity and location of land planned
for the proposed land use type and density
and the demand for such land.
(7) The current and projected population den-
sity in the area.
(8) The effect upon other aspects of the com-
prehensive plan.
For site-specific comprehensive plan amend-
ments, the provisions of section 22-488(c) shall
also apply.
(Ord. No. 99-337, § 2, 3-2-99)
Sec. 22-528. Zoning text amendment crite-
ria. ~
The city may amend the text of this chapter
only if it finds that:
(1) The proposed amendment' is consistent
with the applicable provisions of the com-
prehensive plan;
Sec. 22-530. Criteria for amending the com-
prehensive plan.
The city may amend the comprehensive plan
only if it finds that:
(1) The proposed amendment bears a substan-
tial relationship to public health, safety,
or welfare; and
SUpl). No. 21
1.390.8
ZONING § 22-534
(2) The proposed amendment is in the best
interest of the residents of the city.
(3) The proposed amendment is consistent
with the requirements of RCW 36.70A
and with the portion of the city's adopted
plan not affected by the amendment.
(Ord. No. 99-337, § 2, 3-2-99)
Sec. 22-531. Official file.
(a) Contents. The director of community devel-'
opment services shall compile an official file con-
taining all information and materials relevant to
the proposal and to the city's consideration of the
proposal.
(b) Availability. The official file is a public
record. It is available for inspection and copying
in the department of community development
during regular business hours.
(Ord. No. 99-337, § 2, 3-2-99)
Sec. 22-532. Notice.
Notice provisions under this section shall be
followed for both the public hearing during which
all requests for changes to the zoning map, zoning
text, and the comprehensive plan are prioritized,
as well as the public hearing held on individual
requests.
(a) Contents. The director of community de-
velopment services shall prepare a notice
of each proposal, for which a public hear-
ing will be held, containing the following
information:
(1) The citation, if any, of the provision
that would be changed by the pro-
posal along with a brief description
of that provision.
(2) A statement of how the proposal
would change the affected provision.
(3) A statement of wh~ areas, zones, or
locations will be directly affected or
changed by the proposal.
(4) The date, time, and place of the
public hearing.
(5) Astatement of the availability of the
official file.
(6) A statement of the right of any per-
son to submit written comments to
the planning commission and to ap-
pear at the public hearing of the
planning commission to give com-
ments orally.
(b) Distribution. The director of community
development services shall distribute this
notice at least 14 calendar days before the
- public hearing following theprocedures of
section 22-521. In addition, the proce-
dures of section 22-481 shall be followed
for site-specific requests regarding notifi-
cation of adjacent property owners post-
lng of the site.
(Ord. No. 99-337, § 2, 3-2-99)
Sec. 22-533. Staff. report.
(a) General. The director of community devel-
opment services shall prepare a staff report con-
taining:
(1) An analysis of the proposal and a recom-
mendation on the proposal; and
(2) Any other information the director of com-
munity development services determines
is necessary for consideration of the pro-
posal, consistent with section 22-529.
(b) Distribution. The director of community
development services shall distribute the staff
report as follows:
(1) A copy will be sent to each member of the
planning commission prior to the hearing.
(2) A copy will be sent promptly to any person
requesting it.
(Ord. No. 99-337, § 2, 3-2~99)
Sec. 22-534. Public hearing.
(a) Generally. The planning commission shall
hold public hearings on each proposal, cohsistent
with section 22-535, unless the city council elects
to hold its own hearings on the proposal, in which
case planning commission review pursuant to this
article shall not be required.
(b) Open to public. The hearings of the plan-
ning commission are open to the public.
Supp. No. 21
1390.9
§ 22-534 FEDERAL WAY CITY CODE
(c) Effect. Except as provided in subsection (a)
above, the hearing of the planning commission is
the hearing for city council. City council need not
hold another hearing on the proposal.
(Ord. No. 99-337, § 2, 3-2-99)
See. 22-535. Material to be considered.
(a) Generally. Except as specified in subsec-
tions (b) and (c) of this section, the planning
commission and city council may consider any
pertinent information or materials in reviewing
and deciding upon a proposal under this article.
(b) Exclusion. Except as specified in subsec-
tion (c) of this section, the city may not consider a
specific site plan or project in reviewing and
deciding upon a proposal under this process.
(c) Exception for environment information. If a
proposal that will be decided upon using this
article is part of a specific project, the city may
consider all information pertaining to SEPA envi-
ronmental review and submitted under section
22-519 in deciding upon that proposal.
(Ord. No. 99-337, § 2, 3-2-99)
Sec. 22-536. Electronic sound recordings.
The planning commission shall make a com-
plete electronic sound recording of each public
hearing.
(Ord. No. 99-337, § 2, 3-2-99)
Sec. 22-537. Public comment and participa-
tion at the hearing.
Any interested person may participate in the
public hearing in either or both of the following
ways:
(1)
(2)
By submitting written comments to the
planning commission either by delivering
these comments to the departme~ft of com-
munity development services prior to the
hearing or by giving them directly to the
planning commission at the hearing.
By appearing in person, dr through a
representative, at the hearing and mak-
ing oral comments. The planning commis-
sion may reasonably limit the extent of
oral comments to facilitate the orderly
and timely conduct of the hearing.
(Ord. No. 99-337, § 2, 3-2-99)
Sec. 22-538. Continuation of the hearing.
The planning commission may, for any reason,
continue the hearing on the proposal. If, during
the. hearing, tl~e planning commission announces
the time and place of the next public hearing on
the proposal and a notice thereof is posted on the
door of the hearing room, no further notice of that
hearing need be given.
(Ord. No. 99-337, § 2, 3-2-99)
Sec. 22.539. Plsnning commission--Recom-
mendation. :
(a) Generally. Following the public hearing,
the planning commission shall consider the pro-
posal in light of the decisional criteria in sections
22-521, 22-523 or 22-525, and take one of the
following actions:
(1) If the planning commission determines
that the proposal should be adopted, it
may, by a majority vote of the entire
membership, recommend that city council
adopt the proposal.
(2) If the plan.ning commission determines
that the proposal should not be adopted, it
may, by a majority vote of the members
present, recommend that city council not
adopt the proposal.
(3) If the planning commission is unable to
take either of the actions specified in
subsection (a)(1) or (a)(2) of this section,
the proposal will be sent to city council
with the notation that the planning com-
mission makes no recommendation.
(b) Modification of proposal. The planning com-
mission may modify the proposal in any way and
to any degree prior to recommending the proposal
to city council for adoption. If the planning com-
mission fundamentally modifies the proposal, the
planning commission shall hold a new public
Supp. No. 21
1390.10
ZONING § 22-546
hearing on the proposal as modified prior to
recommending the proposal to city council for
action.
(Ord. No. 99-337, § 2, 3-2-99)
Sec. 22-540. Same--Report to city council.
(a) Generally. The director of community de-
velopment services shall prepare a planning com-
mission report on the proposal containing a copy
of the proposal, along with any explanatory infor-.
mation, and the planning commission recommen-
dation, if any, on the proposal.
(b) Transmittal to city ebhncil. The director of
community development services shall transmit
the planning commission report to the city man-
ager for consideration by city council.
(c) Distribution. The director of community
development services shall promptly send a copy
of the planning commission report to any person
requesting it.
(Ord. No. 99-337, § 2, 3-2-99)
Sec. 22-541. City council action.
(a) General. Within 60 days of receipt of the
planning commission report by the city manager,
the city council shall consider the proposal along
with a draft ordinance prepared by the city attor-
ney, appropriate to enact or adopt the proposal.
(b) Decisional cfitericz. In deciding upon the
proposal, the city council shall use the decisional
criteria listed in the prox-isions of this chapter
describing the proposal.
(c) City council action..~C-ter consideration of
the planning commission report and, at its discre-
tion, holding its own public hearing on the pro-
posal, the city council shall by majority vote of its
total membership:
(1) Approve the proposal by adopting an ap-
propriate ordinance;
(2) Modify and approve the proposal by adopt-
ing an appropriate ordinance;
(3) Disapprove the proposal by resolution; or
(4) Refer the proposal 'back to the planning
commission for further proceedings. If this
occurs, the city council shall specify the
time within which the planning commis-
sion shall report back to the city council
on the proposal.
(Ord. No. 99-337, § 2, 3-2-99)
Sec. 22-542. Transmittal to state.
At least 60 days prior to final action being
taken by the city council, but not prior to the close
of the planning commission public hearing and
transmittal of planning commission recommenda-
tion to the LUTC, the state department of com-
munity trade and economic development (DCTED)
and other interested affected local and state agen-
cies, the county and surrounding jurisdictions,
shall be provided with a copy of the amendments
in order to initiate the 60-day comment period. All
other parties previously notified shall be again
notified that the draft amendments of the com-
prehensive plan are available on request on a cost
recovery basis.
No later than ten days after adoption of the
comprehensive plan, a copy of the adopted com-
prehensive plan shall be forwarded to DCTED
and others who submitted written comments on
the draft comprehensive plan.
(Ord. No. 99-337, § 2, 3-2-99)
Sec. 22-543. Appeals.
The action of the city in granting, modifying or
denying an amendment to this chapter or to the
comprehensive plan may be reviewed by the Cen-
tral Puget Sound Growth Management Hearings
Board pursuant to RCW 36.70A.
(Ord. No. 99-337, § 2, 3-2-99)
Secs. 22-544, 22-545. Reserved.
ARTICLE X. TEMPORARY USES*
Sec. 22-546. Administration.
This article establishes a mechanism whereby
the city may permit a use to be conducted on a
short-term basis that would not otherwise be
allowed in the zone in which it is proposed to be
*Cross references~Temporary business regulations, §
9-386 et seq.; temporaW buildings or trailers for construction
and real estate sales offices restricted, § 22-963.
Supp. No. 21
1390.11
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: HUMAN SERVICES COMMISSION REINSTATEMENT
CATEGORY:
BUDGET IMPACT:
X CONSENT
ORDINANCE
BUSINF3S
HEARING
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure ?,mt: $
Contingency Reqd: $
ATTACHMENTS: None
SUMMARY/BACKGROUND: On October 6, 1999, Donna Williams submitted her resignation
as an alternate on the city's Human Services Commission, in accordance with the city code
residency requirement; however, she recently purchased a residence within the city allowing her to
complete her unexpired term. The members of the Parks, Recreation, H~lman Servic~ & Public
Safety Committee have recommended the reinstatement of Ms. Williams to complete her
previously appointed term.
CITY COUNCIL COMM1TYEE RECOMMENDATION: The City Council of Whole to recommend the
the reinstatement of Donna Williams as an alternate on the Human Services Commission, with a term
. . .~ ~. !.r. . .a. .t. !.o. . .n. . . .o. . f. . . !.a. .n. . . ..~. . . . y. . .~.~ ,. . .z. .~ ~... ...............................................................................................
.............................................................................
CITY MANAGER RECOMMENDATION: To confirm the Council Committee recommendation.
APPROVED FOR INCLUSION IN COUNCIL PACKETi ~ I ~
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
ORDINANCE #
RESOL~ON #
CCCOVER-$F2A/94 -cover. teplac~
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Proposed Wireless Lease - Sacajawea Park
CATEGORY:
BUDGET IMPACT:
X
CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: Draft Lease, October 22, 1999 Memorandum from Deputy City Attorney Bob C.
Sterbank to Finance, Economic Development and Regional Affairs Committee.
SUMMARY/BACKGROUND: Nextel seeks to lease space at Sacajawea Park for two wireless
antennae (on two existing light standards), and associated equipment (to be placed within the
existing concession building). The basic terms of the proposed lease are outlined in the attached
October 22 memorandum. At its October 26 meeting, the FEDRAC recommended that the Council
authorize the City Manager to execute the proposed lease, provided that certain termination
provisions would be revised, a hazardous waste provision deleted, and other technical housekeeping
changes made by the Law Department. The attached proposed lease includes underscore and
strikeout to indicate the changes made (except that the hazardous waste provision was deleted in its
entirety).
CITY COUNCIL COMMITTEE RECOMMENDATION: Authorize City Manager to execute
attached revised lease.
CITY MANAGER RECOMMENDATION: Approve attached revised lease.
APPROVEDpAcKET: FOR INCLUSIO~
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
k:agnditem\nextleas.wpd
CITY OF FEDERAL WAY
MEMORANDUM
Date:
To:
From:
Subject:
October 22, 1999
Finance, Economic Development and Regional Affairs Committee
Bob C. Sterban~eputy City Attorney
Proposed Nextel Wireless Lease- Sacajawea Park
Backl/round:
Nextel has requested to lease space at Sacajawea Park for a wireless antenna lease. Their
proposed lease, which has been the subject of negotiation for over eight (8) months, is attached.
The basic terms of the proposed lease are as follows:
1. Equipment
The lease would permit Nextel to install a wireless antenna on two (2) existing light
standards at Sacajawea Park. Nextel would also have the use of 93 square feet in the existing
concession building at the park.
2. Consideration
Under the proposed lease, Nextel would pay $975.00 per month. In addition, Nextel will
reroof the concession building and the nearby restroom building. Nextel will also provide six (6)
mobile phones for City use, with the City to be responsible for all air time charges for the
phones. Nextel will pay the City's administrative costs and expenses in negotiating the lease, up
to $15,000.
3. Insurance
Nextel will maintain insurance of $1 Million per occurrence and $3 Million in the
aggregate for both commercial general liability and automobile insurance.
Items Not Agreed Upon
There are two main items upon which staff could not reach agreement with Nextel. They
are as follows:
A. Termination / Relocation
In other telecommunications leases and franchises, the City has maintained flexibility to
require a lessee to relocate its facilities, and to terminate the lease if the City determines the need
to use the property for other purposes. In particular, the City reserves the right to require the
lessee to relocate its facilities, at the lessee's sole cost, and to terminate the lease with 30 days
notice for reasons involving public health, safety or welfare, including in the event the facilities
must be relocated entirely off of the site or right of way leased to the telecommunications
provider.
Nextel refuses to agree to these provisions. Instead, Nextel proposes (Section 3) that
before requiring any relocation, the City must first provide six (6) months notice, and cooperate
with Nextel to find it a mutually acceptable location. Only if no alternative is available may the
City terminate the lease, and only upon six (6) months notice. Nextel has insisted, however
(Section 15(a)(2)), that if it wishes to terminate the lease for economic reasons, it may do so on
ninety (90) days' notice, however, with the payment of a termination fee of three (3) months.
Staff recommend the termination / relocation provisions used in other leases / franchises.
Nextel has requested that this proposed lease be presented to the Committee, so that the
Committee can indicate its preference in this regard.
B. Hazardous Substances
Nextel has proposed inclusion of a paragraph in which the City would "acknowledge"
that it has not used, generated or stored hazardous material on the Park property in violation of
any law or regulation since the City took title to the property. In addition, Nextel proposes that
the City agree not to use, generate, store, or dispose of any hazardous material in violation of any
law in the future, and to indemnify and hold Nextel harmless if the City breaches that agreement.
"Hazardous material" is defined very broadly as including any substance known to cause cancer
or reproductive toxicity, as well as anything defined as hazardous or dangerous under state law.
No other telecommunications provider has demanded or received such a provision in a
lease with the City of Federal Way. Such a provision poses some difficulty for the City due to its
breadth and the difficulty the City may encounter in ensuring that fertilizers and other materials
that may be used in maintaining the Park are stored in technical compliance with ever-changing
federal and state hazardous substance regulations. Staff recommends deletion of this provision in
its entirety, but Nextel has requested that this proposed lease be presented to the Committee so
that the Committee can indicate its preference in this regard.
Committee Recommendation:
There are several options for committee action:
1. Forward the lease as written to the full City Council.
Forward the lease, with changes directed by the Committee, to the Council, with the
recommendation that the Council approve the lease at its November 16, 1999
meeting. Changes could include, among other things, correction of Sections 3, 15.a.2,
and 30.
3. Direct changes to the lease, to be returned to FEDRAC at its November meeting for
review.
4. Reject the proposed lease.
Staff recommends option 2 or 3.
The Committee hereby approves Option No. ~ above.
APPROVAL BY COMMITTEE:
Con'mitre (Shair ~
K:\telecom\fedrac01.22
~2'om mittee ~ember
D R A F T - 11/10/99
LEASE
THIS LEASE is entered into this~ day of ,1999, by and between the CITY
OF FEDERAL WAY, WASHINGTON, a Municipal Corporation (hereinafter "City") and
NEXTEL WEST CORP., a Delaware Corporation, with its principal office located at 1750 112t~
Avenue NE, Suite C~100, Bellevue, WA 98004 (hereinafter "Tenant").
City is the owner in fee simple of a parcel of land located in the City of Federal Way,
County of King, State of Washington, more commonly known as Sacajawea Park, 1600 SW Dash
Point Road, 98003, legally described on Exhibit A which is attached hereto and incorporated herein
by reference (the "Property") which includes two (2) light standards and a concession building.
Tenant desires to lease space on the Property as described below for the installation and operation
of certain equipment which includes requisite antennas, and connecting cables and appurtenances
(collectively, "Equipment") for use in connection with its wireless telephone communications
service (" Service").
In consideration of their mutual covenants, the parties agree as follows:
1. Leased Premises. City leases to Tenant and Tenant leases from City, a portion of
the Property consisting of approximately ninety-three (93) square feet of space within the
concession building and attachment points and space on two (2) light standards (hereinafter the
"Premises") for its Equipment, together with necessary space and rights for access and utility
easements, all as described and depicted in Exhibit B which is attached hereto and incorporated
herein by reference. City and Tenant acknowledge that these light standards and the building are
not exclusively for Tenant's use; however, Tenant has exclusive fights to the designated equipment
space and to the designated portion of the two (2) light standards where Tenant's Equipment is
located. Tenant may locate its Equipment on the Premises in the manner as described specifically
in the attached Exhibit B.
2. Tests and Construction. Tenant shall have the right at any time following the full
execution of this Lease, after reasonable notice to City, to enter upon the Property for the purpose
of making appropriate engineering and boundary surveys, inspections, soil test borings and other
reasonably necessary tests. Tenant shall not commence construction of the Equipment until the
Commencement Date of this Lease and upon issuance of all necessary licenses, permits and any
other necessary approvals. A portion of Tenant's construction work shall include replacement of
the City's roof in the concession building where Tenant's radio equipment will be located, as well as
the nearby park restroom building, generally depicted on the attached Exhibit B. Final construction
drawings shall be subject to City's review and approval and approval shall not be unreasonably
withheld or delayed.
3. Relocation. In the event City desires to redevelop, modify, remodel or in any way
alter the Property and/or any improvements located thereon ("Redevelopment"), City shall in
good faith use its best efforts to fully accommodate Tenant's continuing use of the Premises.
Should any proposed Redevelopment necessitate the relocation of the Tenant's Equipment,
Tenant and City shall use best efforts to find a mutually acceptable alternate location for the
K:\TELECOMXnextl 0.22.doc
Tenant's Equipment. Tenant shall relocate or make the necessary alterations, at Tenant's sole
cost, expense and risk; provided, however, that City has provided Tenant with no less than ninety
(90) days~....o:v ~-.Jt'~x .....-~.o-~'~'~ prior written notice of City's proposed Redevelopment. In the event
that Tenant and City cannot agree on an alternate location for Tenant's Equipment on the
Property using best efforts, either party may terminate this Lease, the effective termination date
being ninety (90) dayso...~:v ~..~t'cx ...,...o~^~'~ after Tenant's receipt of City's notice of the proposed
Redevelopment. If the parties agree on an acceptable alternate location for Tenant's Equipment,
Tenant and City agree to use their best efforts to amend this Lease to document the new, alternate
Equipment location,_and from and after the date Tenant begins installation of its Equipment at
such new location, such new location shall be deemed the Premises (or part thereof, as
applicable) herein.
4. Term. The term of this Lease shall be five (5) years ("Term") and shall commence
on the date this Lease is fully executed ("Commencement Date"). Tenant may renew this Lease for
three (3) additional five (5) year terms ("Renewal Term(s)") upon giving written notice to the City
no more than six (6) months before and no later than three (3) months before the end of the current
Term or Renewal Term. The City may refuse to renew this Lease for a Renewal Term (i) in the
event of an uncured breach of this Lease existing at the expiration of the then current Term or
Renewal Term; or (ii) if the fair market rental, as determined by an independent appraiser jointly
selected and paid for by the City and Tenant, is twenty percent (20%) more than the Rent due by
Tenant hereunder (provided that MAI real estate appraisal methods are followed) and Tenant
refuses to amend this Lease to provide for the increased rental rate. Any such refusal to renew by
the City shall be in writing and shall be sent to Tenant at least sixty (60) days prior to expiration of
the then current Term or Renewal Term. In addition, the City may refuse to renew this Lease for
the reasons set forth in Paragraph 3 herein, provided that all of the requirements set forth in
Paragraph 3 have been complied with.
5. Rent.
a. Within fifteen (15) days of the Commencement Date and on the first day of
each month thereafter, Tenant shall pay to City as rent NINE HUNDRED SEVENTY FIVE and
NO/100 DOLLARS ($975.00) ("Rent"). Rent for any fractional month at the beginning or at the
end of the Term or Renewal Term, if any, shall be prorated. Rent shall be payable to the City at
33530 1st Way South, Federal Way, Washington 98003; Attention: City Treasurer. Tenant shall
pay the City a late payment charge equal to five percent (5%) of the amount due for any payment
not paid when due. Any amounts not paid when due shall also bear interest until paid at the lesser
of the rate of two percent (2%) per month or the highest rate permitted by law.
b. The Rent shall be increased by four percent (4%) per year throughout the
Term of this Lease and Renewal Terms (if any).
c. Within thirty (30) days of the Commencement Date, Tenant shall submit to
the City a Security Deposit in an amount equal to five (5) months' Rent, or FOUR THOUSAND
EIGHT HUNDRED SEVENTY FIVE and NO/100 DOLLARS ($4,875.00), which shall be
2
refunded at the termination of this Lease if Tenant is not in default of the Lease. In the event
Tenant fails to pay Rent or other charges when due, cure periods considered, the City shall deduct
such amount from the Security Deposit, and Tenant agrees to immediately refund to the City any
such deduction from the Security Deposit. The Security Deposit shall be held by the City without
liability for interest.
d. Additional Consideration. As additional consideration for this Lease, within
thirty (30) days after the Commencement Date, Tenant shall reimburse the City for all of the City's
costs and expenses to negotiate and execute this Lease, including attorneys' and consultants' fees
and the time expended by the City staff and City Attorney's office; provided that in no event shall
such reimbursement amount exceed FIFTEEN THOUSAND and 00/100 DOLLARS ($15,000.00);
and provided further that, as a condition precedent to Tenant's obligation to reimburse the City
herein, City shall provide to Tenant documentation of such costs and expenses. In addition, within
thirty (30) days following the Commencement Date and upon continuous commercial radio
operations from the Premises, Tenant shall provide the City with six (6) standard ESMR mobile
phones (specific model to be determined by Tenant). Tenant shall not be responsible for any
service charges for such phones, including but not limited to installation, activation, access, air
time, long distance and toll charges associated with the use of said phones, which shall be the sole
responsibility of the City. The City shall refer solely to the manufacturer of such phones, and not to
Tenant, for the cost of any necessary phone repair or replacement.
6. Permitted Use of Premises
a. Tenant shall use the Premises for the installation, operation, and
maintenance of its Equipment to provide Service. The Equipment and Premises may not be used
for cable television services.
b. Tenant shall, at its expense, comply with all applicable present and future
federal, state, and local laws, ordinances, rules and regulations (including, for example, laws and
ordinances relating to zoning, aesthetics, landscaping, fencing, permits, removal and abandonment,
screening, health, radio frequency emissions, other radiation and safety) in connection with the
provision of Service and the use, operation, maintenance, construction and installation of
Equipment on the Premises. Tenant shall obtain all required governmental approvals,
authorizations, licenses and permits at Tenant's expense. City agrees to reasonably cooperate with
Tenant in obtaining, at Tenant's expense, including reimbursement of City's reasonable attorneys',
administrative and other related fees, any licenses and permits required by Tenant's use of the
Premises. Said cooperation shall in no way infer any special consideration or deviation from the
land use and building construction permit approval process of the City that is applicable to the
intended use of the Premises by Tenant.
c. Tenant shall remove the Equipment from the Premises upon termination of
the Lease. Upon removal of the Equipment, Tenant shall restore the affected area of the Premises
to the reasonable satisfaction of the City. All costs and expenses for the removal and restoration to
be performed by Tenant shall be borne by Tenant. If, however, Tenant requests permission not to
remove all or a portion of the improvements, and City consents to such nonremoval, title to the
affected improvements shall thereupon transfer to City and the same thereafter shall be the sole and
entire property of City, and Tenant shall be relieved of its duty to otherwise remove same.
d. The City reserves the right to use the Property, excluding the Premises, for
such purposes as it shall desire including, but not limited to, constructing or installing structures
and facilities on the Property, or developing, improving, repairing or altering the Property; provided
that, subject to Section 3 herein~ such alterations do not adversely affect Tenant's use of the
Premises or its operation of the Equipment thereon.
7. Restoration In the event that Tenant causes damage of any kind during the course
of installing, operating or maintaining the Equipment, including damage to the Premises caused by
cutting, boring, jack hammering, excavation or other work, and including latent damage not
immediately apparent at the time of the work, Tenant shall repair the damage and restore the
Premises at its sole cost and expense, without delay or interruption and within the reasonable time
period prescribed by the City. Restoration of the Premises shall be to a condition that is equivalent
to or better than the condition of the Premises prior to commencing the installation, operation or
maintenance of the Equipment and to a condition satisfactory to the City. Restoration of the right-
of-way surface shall either include six inches (6") of crushed surfacing top course and three inches
(3") of asphalt, class "B," or be replaced to the original condition, at the City's reasonable
discretion. Whenever part of a square or slab or existing concrete sidewalk or driveway is cut or
damaged by Tenant, the entire square or slab shall be removed and replaced. All materials and
compacting shall be in accordance with the "Standards and Specifications for Road, Bridge, and
Municipal Construction," as amended.
8. Improvements Tenant may update or replace the Equipment from time to time
provided that the replacement facilities are not greater in number or size or different in type, color
or shape or height than the existing facilities and that any change in their location on the Premises is
approved in writing by City. Subject to the foregoing, Tenant may change the Equipment
configuration specified in Exhibit B with the prior written approval of City. Tenant shall submit to
City a written request for any such change and any supplemental materials as may be requested, for
City's evaluation and approval. City shall have thirty (30) days after receipt of all requested
materials in which to respond to such request and unless City so notifies Tenant to the contrary
such approval shall be deemed granted. Except as may be required by FAA or FCC requirements,
N_no lights or signs may be installed on the Premises or as part of the Equipment. Tenant further
agrees to monitor the Equipment for fire, smoke, intrusion, and A/C power failure by Tenant's 24-
hour electronic surveillance system. In connection therewith, Tenant has the right to do all work
necessary to prepare and maintain the Premises for Tenant's business operations and to install
transmission lines connecting the antennas to the transmitters and receivers, after reasonable notice
to the City. All of Tenant's construction and installation work shall be performed at Tenant's sole
cost and expense and in a good and workmanlike manner, in the reasonable determination of the
City. Tenant shall submit to the City a structural analysis demonstrating the wind and load capacity
of the light standards for Tenant's Equipment, which shall be stamped by a Washington State
professional engineer. Tenant shall also submit a construction schedule to the City for the City's
4
approval, which approval shall not be unreasonably delayed or withheld. Title to the Tenant
Equipment shall be held by Tenant. All of Tenant's Equipment shall remain Tenant's personal
property and are not fixtures. Tenant has the right to remove all Equipment at its sole expense on
or before the expiration or earlier termination of the Lease; provided, Tenant repairs any damage to
the Premises caused by such removal, restoring the Premises to its pre-Lease condition, normal
wear and tear excepted. Tenant acknowledges that the removal of the Equipment does not include
removal of any portion of the concession building or light standards.
9. Premises Access.
a. Tenant, Tenant's employees, agents, contractors, lenders and invitees shall
have reasonable access, at no charge, to the Premises twenty-four (24) hours a day, seven (7) days a
week. The City grants to Tenant, and its employees, agents, contractors and invitees, a non-
exclusive right and easement for pedestrian and vehicular ingress and egress across that portion of
the Property described in Exhibit B. City retains and reserves the right to access the Property at all
times. The City's access to the Premises shall be coordinated with Tenant, upon not less than
twenty-four (24) hours prior notice, except in the case of emergencies as determined in the City's
reasonable discretion.
b. The City shall maintain all access roadways from the nearest public roadway
to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under
normal weather conditions. City shall be responsible for maintaining and repairing such roadways,
at its sole expense, except for any damage caused by Tenant's use of such roadways.
10. Utilities. Tenant shall, at its expense, separately meter charges for the consumption
of electricity and other utilities associated with its use of the Premises and shall timely pay all costs
associated therewith. In the event Tenant is unable to obtain separately metered services for the
Premises, Tenant shall have the right to draw electricity from the existing utilities at the Premises
by means of setting an electrical deduct meter at the Premises wherein Tenant shall pay to the City
as additional consideration the sum of ONE HUNDRED AND NO/100 DOLLARS ($100.00) per
month for the right to draw electricity from the City's existing electrical service at the Premises;
except that the City shall have the right to increase this monthly amount; and Tenant agrees to pay
the increase in the event the servicing electric company increases its rates during the term of this
Lease, or if Tenant's electric consumption increases beyond $100.00 per month. Tenant shall also
have the right to use a standby power generator at the Premises. The City agrees to sign such
documents or easements as may be required by said utility companies to provide such service to the
Premises, including the grant to Tenant or to the servicing utility company, at no cost to Tenant, of
an easement in, over, across, or through the Property as required by such servicing utility company
to provide utility services as provided herein so long as such grant of easement does not interfere
with the City's use of the Property. Tenant shall release and hold harmless the City for any
interruption in service while drawing electricity from the existing utilities on the Property, as long
as the City, after sufficient notice to Tenant, makes a diligent effort to restore power to the Premises
by means of requesting the electric company to restore said service during a power outage. Tenant
agrees to obtain separate utility service for the Premises in the event the City notifies Tenant during
the Term of this Lease, including any Renewal Terms, of City's own need for additional electrical
power.
11. Maintenance.
a. Tenant shall, at its own expense, maintain the Premises and Equipment on or
attached to the Premises in a safe condition, in good repair and in a manner suitable to City subject
to force majeure or unless affected by destruction which is not the result of Tenant's activities or
operations. Additionally, Tenant shall keep the Premises free of debris and anything of a
dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat,
noise or any interference with City services. Tenant shall have sole responsibility for the
maintenance, repair, and security of its Equipment and leasehold improvements.
b. Tenant shall not be required to make any repairs to the Premises or Property
(except as otherwise set forth herein) unless such repairs shall be necessitated by reason of the act,
default or neglect of Tenant, its agents, employees, contractors, or invitees. Tenant is required to
make all necessary repairs to the Tenant's Equipment.
12. Compliance with Laws. Tenant's use of the Premises is subject to its obtaining all
certificates, permits, zoning, and other approvals that may be required by any federal, state or local
authority. Tenant shall erect, maintain and operate its Equipment in accordance with applicable site
standards, statutes, ordinances, rules and regulations now or hereinafter in effect as may be issued
by the Federal Communications Commission, the City, or any other federal, state or other
governing bodies. Tenant specifically waives any right to claim that any aspect of this Lease is
contrary to any provision of any local, state or federal law (including the Telecommunications Act
of 1996) in effect as of the date of this Lease.
13. Police Powers. This Lease is subject to ordinances of general applicability enacted
pursuant to the City's police powers.
14. Interference..
a. Tenant shall operate the Equipment in a manner that will not cause
interference to the City~ and other lessees or licensees of the Property whose use predates this
Lease, and in compliance with the requirements of Federal Way City Code CFWCC") {}22-
966(i)(2). In addition, with respect to lessees or licensees whose operations commence after
installation of the Equipment hereunder, Tenant shall not make any change in its operations that
causes or is intended to cause material interference with such lessees or licensees. All operations
by Tenant shall be in compliance with all Federal Communications Commission ("FCC")
requirements.
b. Pursuant to FWCC {}22-966(h), the City may issue permits for and enter into
leases to allow collocation of other telecommunications facilities on the Property, and Tenant
consents to same; provided however that the collocation must occur in compliance with FWCC
6
§22-966(h) and City shall not lease the Premises to any party other than Tenant unless there is a
relocation under Section 3, termination under Section 15 herein or normal expiration of this Lease.
c. In the event that any collocation results in interference with Tenant's
operations, and provided that the Tenant has complied with Section 14.a. above, the City agrees to
take reasonable steps to encourage the interfering party to eliminate such interference. In the event
that the interference is not eliminated within sixty (60) days of notice to City by Tenant, Tenant
may terminate this Lease upon thirty (30) days prior written notice an&/or pursue other remedies
available under this Lease or available against the interfering party.
15. Termination.
a. This Lease may be terminated as follows:
1. Upon thirty (30) days written notice by either party for the other
party's failure to cure a default or breach, including non-payment by Tenant of amounts due under
this Lease, within that thirty (30) day period, provided that if such non-monetary default cannot
reasonably be cured within such thirty (30) day period, this Lease shall not terminate if such
defaulting party commences to cure the default within the thirty (30) day period and cures the
default within sixty (60) days after receipt of notice of such default.
2. Upon ninety (90) days written notice by Tenant that the Premises are
or become unusable under Tenant's design or engineering specifications for its Equipment or the
communications system to which the Equipment belongs or if Tenant determines that the Premises
are no longer suitable because of economic reasons, ',':+~"-,'+
15.b. herein ~dcw.
3. Upon thirty (30) days written notice by City (i) if Tenant
permanently abandons the Premises or its Equipment; provided, however, that City acknowledges
that Tenant's communications facility located on the Premises is umnanned; or (ii) if Tenant
becomes the subject of a bankruptcy proceeding and the bankruptcy proceeding is not vacated
within one hundred twenty (120) days;
4. Upon ninety (90) days written notice by City, for reasons involving
public health, safety, or welfare. In addition, if If the public's health, safety or welfare is
endangered by the operations of Tenant's Equipment and Tenant fails to discontinue its operations
as soon as is reasonably possible after receipt of notice thereof, and thereafter Tenant is unable to
cure the conditions causing the endangerment within thirty (30) days after receipt of such notice,
City may immediately terminate this Lease.
5. Immediately, in the event of an emergency, as determined by the
City in its reasonable discretion. In addition, the City may immediately terminate this Lease in the
7
event of an emergency arising from Tenant's Equipment or Tenant's use of the Premises if Tenant
fails to cure the situation giving rise to the emergency as soon as is reasonably possible after receipt
of notice thereof.
6. Upon thirty (30) days written notice by City if Tenant fails to
comply with all applicable federal, state, and local laws, including, without limitation, all
governmental codes, ordinances, resolutions, standards and polices as now existing or hereafter
adopted or amended, including, without limitation, all requirements of the FCC and the Federal
Aviation Administration (FAA).
~pon thirty (30) days wri~¢n notice by Tenant if it does not obtain or maintain, through no fault
of Tenant and using reasonable efforts to maintain, any license, permit or other approval necessary
for the construction and operation of its Equipment on the Premises; or if it is unable to occupy and
utilize the Premises due to an action of the FCC, including, without limitation, a take back of
channels or change in frequencies.
8. For any other reason set forth in this Lease.
b. In the event of any termination under this Section, Tenant shall pay City all
monies due as of the date of termination, inCluding rent, attorneys' and collection fees and any other
damages incurred by City as a result of such termination. In addition Tenant shall, at its sole
expense, return the Premises to the same condition existing on the Commencement Date (normal
wear and tear, and casualty beyond Tenant's control, excepted), and shall remove all Equipment.
c. No re-entry and taking of possession of the Premises by City pursuant to an
uncured default by Tenant, beyond any applicable cure period, shall be construed as an election on
City's part to terminate this Lease, regardless of the extent of renovations and alterations by City,
unless a written notice of such intention is given to Tenant by City. Notwithstanding any reletting
without termination, City may at any time thereafter elect to terminate this Lease for such previous
uncured breach by Tenant. This Section Paragraph 15.c. shall not be construed to allow City to re-
enter and take possession of the Premises, or relet the Premises without termination of this Lease,
other than as set forth in this Lease or as permitted by the laws of the State of Washington.
16. Indemnity and Insurance.
a. Disclaimer of Liability:. City shall not, at any time, be liable for injury or
damage occurring to any person or property from any cause whatsoever arising out of Tenant's
construction, installation, maintenance, repair, use, operation, condition or dismantling of the
Premises or Tenant's Equipment and Tenant expressly assumes all such risk.
b. Indemnification and Hold Harmless: Tenant shall, at its sole cost and
expense, indemnify and hold harmless City and City's its officers, boards, commissions,
employees, agents, attorneys, contractors and subcontractors from and against any and all liability,
damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys,
expert witnesses and consultants), arising or alleged to arise from any act or omission of Tenant, its
employees, agents, contractors or subcontractors or which may be in any way connected with the
construction, installation, operation, maintenance, repair, use, condition or dismantling of the
Premises or Tenant's Equipment. To the extent permitted by law, the City shall indemnify and
hold Tenant harmless from all claims (including attorneys' fees, costs and expenses of defending
against such claims) arising or alleged to arise from the sole negligence of the City or the City's
agents, employees, or contractors occurring in or about the Premises, or in or about the Tenant's
access and utility rights-of-way (as such access and utility rights of way are provided for by
Sections 1, 9 and 10). The obligations described in this Section shall survive termination of this
Lease.
c. Insurance: During the term of this Lease, Tenant shall maintain in full force
and effect and at its sole cost and expense, and naming City, its officers, boards, commissions,
employees and agents as additional insureds, the following types and limits of insurance:
i. Comprehensive commercial general liability insurance with
minimum limits of One Million Dollars ($1,000,000) per occurrence, Two Million
Dollars ($2,000,000) excess, and Three Million Dollars ($3,000,000) in the annual
aggregate.
ii. Comprehensive automobile liability insurance with combined single
minimum limits of One Million Dollars ($1,000,000) per occurrence, Two Million
Dollars ($2,000,000) excess, and Three Million Dollars ($3,000,000) in the annual
aggregate.
iii. Worker's compensatiOn insurance and such other insurance as may
be required by law.
d. Evidence of Insurance: Certificates of insurance for each insurance policy
required by this Lease, along with written evidence of payment of required premiums, shall be filed
and maintained with City prior to commencement of the Term of this Lease and thereafter.
e. Cancellation of Policies of Insurance: All insurance policies maintained
pursuant to this Lease shall contain the following or substantially similar endorsement:
"The issuing insurance company shall endeavor to provide at least thirty (30) days
written notice (certified mail, return receipt requested) and at a minimum shall provide at least
fifteen (15) days written notice to the City prior to the cancellation, replacement or material
alteration of such insurance coverage."
f. Deductiblesc All insurance policies may be written with commercially
reasonable deductibles.
g. License: All insurance policies shall be with insurers licensed to do
business in the State of Washington and with a rating of A-IV unless waived by the City.
h. Defense of City: In the event any action or proceeding shall be brought
against the City resulting from Tenant's operations hereunder, Tenant shall, at Tenant's sole cost
and expense, resist and defend the same provided, however, that Tenant shall not admit liability in
any such matter on behalf of the City without the written consent of City.
Nothing herein shall be deemed to prevent City from cooperating with Tenant and
participating in the defense of any litigation with City's own counsel. Tenant shall pay all expenses
incurred by City in response to any such actions, suits or proceedings. These expenses shall include
all out-of-pocket expenses such as attorneys' fees and shall also include the reasonable value of any
services rendered by the City Attorney's office, and the actual expenses of City's agents, employees,
consultants and expert witnesses, and disbursements and liabilities incurred by City in connection
with such suits, actions or proceedings.
17. Holding Over. Any holding over after the expiration of the term allowed for in this
Lease (including the Term and any Renewal Terms), with the consent of the City, shall be
construed to be a tenancy from month to month and shall otherwise be on the terms, covenants and
conditions herein specified.
18. Acceptance of Premises. Tenant accepts the Premises in the condition existing as of
the date of this Lease. City makes no representationor warranty with respect to the condition of the
Premises and City shall not be liable for any latent or patent defect in the Premises.
19. Notices. All notices, requests, demands, and other communications hereunder shall
be in writing and shall be deemed given if personally delivered or mailed, postage prepaid certified
mail, return receipt requested; to the following addresses:
If to City, to:
City of Federal Way
33530 - 1st Way South
Federal Way, WA 98003
Attention: City Treasurer
With a copy to:
City of Federal Way
33530 - 1st Way South
Federal Way, WA 98003
Attention: City Attorney
If to Tenant, to:
Nextel West Corp.
1750 112th Avenue NE, Suite C- 100
Bellevue, WA 98004
Attn: System Development Manager
10
And a copy to:
Nextel West Corp.
1750 112th Avenue NE, Suite C- 100
Bellevue, WA 98004
Attn: Property Manager
And a copy to:
Nextel Communications, Inc.
2001 Edmund Halley Drive
Reston, VA 20191-3436
Attn: Legal Dept., Contracts Manager
City or Tenant may, from time to time, designate any other address for this purpose
by written notice to the other party.
20. Subleasing or Assignment. Tenant shall not sublease the Premises or the Tenant's
Equipment or facilities without prior written consent from City, which consent may be conditioned
at City's sole discretion. Additionally, Tenant may not assign or otherwise transfer all or any part
of its interest in this Lease or in the Premises without the prior written consent of City; provided,
however, that Tenant may assign its interest to its parent company, any subsidiary or affiliate of it
or its parent company or to any successor-in-interestor entity acquiring fifty-one percent (51%) or
more of its stock or assets, subject to any financing entity's interest, if any, in this Lease as set forth
in Section 29. City may assign this Lease upon written notice to Tenant, subject to the assignee
assuming all of City's obligations herein, including, but not limited to, those provisions set forth in
Section 29. Notwithstanding anything to the contrary contained in this Lease, Tenant may assign,
mortgage, pledge, hypothecate or otherwise transfer without consent of the City Tenant's interest in
this Lease to any financing entity to whom Tenant (i) has obligations for borrowed money or in
respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar
instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances, or
similar financial arrangements or instruments or in respect of guaranties thereof.
21. Successors and Assigns. This Lease shall be binding upon and inure to the benefit
of the parties hereto, and, subject to Section 20, their respective permitted successors and assigns.
22. Non-Waiver. Except as otherwise set forth elsewhere in this Lease, the parties are
not waiving any of their rights. The failure of either party to insist on strict performance of any of
the conditions, covenants, terms or provisions of this Lease or to exercise any of its rights
hereunder shall not waive such rights, but such party shall have the right to specifically enforce
such rights at any time and take such action as might be lawful or authorized, either in law or
equity. The receipt of any sum paid by Tenant to City after a breach of this Lease shall not be
deemed a waiver of such breach unless expressly set forth in writing by the City.
23. Taxes. Tenant shall pay all personal property and other taxes (or payments in lieu
of taxes) and assessments for the Premises, if any, which become due and payable during the Term
11
or Renewal Term, if any, of this Lease attributable to the Equipment or Tenant's use of the
Premises.
24. Quiet Enjoyment/Title City represents to Tenant that:
a. City has title to the Premises free and clear of any encumbrances, liens or
mortgages, except those encumbrances, liens, mortgages and other matters of record, and any other
matters disclosed and otherwise apparent to Tenant;
bo
City has legal ingress and egress rights from a public right-of-way to the
Property;
c. Execution and performance of this Lease will not violate any laws or
agreements binding on City; and
d. City covenants and agrees with Tenant that upon Tenant paying the Rent
and observing and performing all the terms, covenants and conditions on Tenant's part to be
observed and performed, Tenant may peacefully and quietly enjoy the Premises.
25. Condemnation In the event the Premises are taken in whole or in part by any entity
by eminent domain, this Lease shall terminate as of the date title to the Premises vests in the
condemning authority. Tenant shall not be entitled to any portion of the award paid and the City
shall receive the full amount of such award. Tenant hereby expressly waives any right or claim to
any portion thereof. However, Tenant shall have the right to claim and recover from the
condemning authority, other than the City, such other compensation as may be separately awarded
or recoverable by Tenant. If this Lease terminates due to condemnation, Tenant shall promptly
remove all of its Equipment from the Premises.
26. Alteration, Damage or Destruction. If the Premises or any portion thereof is altered,
destroyed or damaged so as to materially hinder effective use of the Equipment through no fault or
negligence of Tenant, Tenant may elect to terminate this Lease as of the date of the alteration,
destruction or damage by giving City notice thereof no more than thirty (30) days following the
date of such alteration, destruction or damage. In such event, Tenant shall promptly remove the
Equipment from the Premises and shall restore the Premises to the same condition as existed prior
to this Lease except to the extent the Premises are altered, destroyed or damaged through no fault or
negligence of Tenant. City shall have no obligation to repair any damage to any portion of the
Premises. If Tenant chooses not to terminate this Lease, Rent shall be reduced or abated in
proportion to the actual reduction or abatement of use of the Premises.
27. Miscellaneous
a. City and Tenant respectively represent that their signatory is duly authorized
and has full right, power, and authority to execute this Lease.
12
b. With the exception of applicable existing and future laws, ordinances, rules,
and regulations, this Lease constitutes the entire agreement and understanding of the parties and
supersedes all offers, negotiations, and other agreements of any kind concerning the subject matter
hereof. There are no representations or understandings of any kind not set forth herein. Any
modification of or amendment to this Lease must be in writing and executed by both parties.
Co
Washington.
This Lease shall be construed in accordance with the laws of the State of
d. Section captions and headings are intended solely to facilitate the reading
hereof. Such captions and headings shall not affect the meaning or interpretation of the text herein.
e. If the methods of taxation in effect at the Commencement Date of the Lease
are altered so that in lieu of or as a substitute for or in addition to any portion of the property taxes
and special assessments, if any, now imposed on Equipment, there is imposed a tax upon or against
the rentals payable by Tenant to City, Tenant shall also pay those amounts.
f. Tenant shall be responsible for obtaining all other necessary approvals,
authorizations and agreements from any party or entity and it is acknowledged and agreed that the
City is making no representation, warranty or covenant whether any of the foregoing approvals,
authorizations or agreements are required or have been obtained by Tenant from any person or
entity.
g. If any provision of this Lease is found to be unenforceable or invalid, such
unenforceability or invalidity shall not affect the remaining terms of this Lease, all of which shall
continue in full force and effect; provided that if Tenant's obligation to pay Rent is found to be
invalid or unenforceable, then this Lease shall automatically terminate.
h. This Lease may be enforced at both law and equity. Damages are not an
adequate remedy for breach.
i. The City acknowledges that a Memorandum of Lease in the form attached
hereto as Exhibit C will be recorded by Tenant in the official records of the County where the
Property is located. In the event the Property is encumbered by a City mortgage or deed of trust,
the City agrees to obtain and furnish to Tenant a non-disturbance and attornment instrument for
each such mortgage or deed of trust.
j. Tenant may obtain title insurance on its interest in the Premises. The City
shall cooperate by executing documentation required by the title insurance company.
k. In any case where the approval or consent of one party hereto is required,
requested or otherwise to be given under this Lease, such party shall not unreasonably delay or
withhold its approval or consent, unless otherwise set forth herein.
13
1. All Exhibits attached hereto form material parts of this Lease.
m. This Lease may be executed in duplicate counterparts, each of which shall
be deemed an original.
28. Legislative Change~ In the event that any federal, state or local governmental
entity adopts a law, ordinance, or regulation, or amends existing laws, ordinances, or regulations,
and the new or amended law, ordinance, or regulation would limit, impair, or affect any of the
parties' fights or obligations under this Lease, Tenant agrees that the provisions of this Lease shall
remain lawful and binding and enforceable on the parties, and Tenant waives any rights to claim
otherwise.
29. Waiver of City's Lien.
a. The City waives any lien rights it may have concerning the Tenant's
Equipment which is deemed Tenant's personal property and not fixtures, and Tenant has the fight
to remove the same at any time without the City's consent.
b. Tenant has indicated to City that Tenant has entered into a financing
arrangement including promissory notes and financial and security agreements for the financing of
Tenant's Equipment (the "Collateral") with a third party financing entity (and may in the future
enter into additional financing arrangements with other financing entities). In connectiontherewith:
(i) subsequent to Tenant's receipt of all necessary permits and approvals to install and operate the
Equipment on the Premises (and subject to Tenant's compliance with Section 6 herein) the City
consents to the installation of the Collateral; (ii) the City disclaims any interest in the Collateral, as
fixtures or otherwise; and (iii) the City agrees that the Collateral shall be exempt from execution,
foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such
Collateral may be removed at any time without recourse to legal proceedings.
30. Marking and Lighting Requirements Tenant acknowledges that it, and not the City,
shall be responsible for the Premises and Equipment's compliance with all marking and lighting
requirements of the FAA and the FCC. Tenant shall indemnify and hold the City harmless from
any fines or other liabilities caused by Tenant's failure to comply with such requirements. Should
the Tenant or the City be cited by either the FCC or FAA because the Premises or the Tenant's
Equipment is not in compliance, and should Tenant fail to cure the conditions of noncompliance
within the timeframe allowed by the citing agency, the City may either terminate this Lease
immediately on notice to Tenant or proceed to cure the conditions of noncompliance at Tenant's
expense.
14
IN WITNESS WHEREOF, the parties have executed this Lease as of the date first set forth
above.
CITY:
CITY OF FEDERAL WAY,
a Washington municipal corporation
TENANT:
NEXTEL WEST CORP.,
a Delaware corporation,
d/b/a Nextel Communications
By:
Its:
By:
Its:
15
EXI-IIBIT A
DESCRIPTION OF THE PROPERTY
to the Lease dated , 1999, by and between the CITY OF FEDERAL
WAY, a Washington municipal corporation, as City, and NEXTEL WEST CORP., a Delaware
corporation, as Tenant.
The Property is described and/or depicted as follows:
16
EXHIBIT B
DESCRIPTION OF THE PREMISES
to the Lease dated , 1999, by and between the CITY OF FEDERAL
WAY, a Washington municipal corporation, as City, and NEXTEL WEST CORP., a Delaware
corporation, as Tenant.
The Premises is described and/or depicted as follows:
Notes:
1.
2.
3.
This Exhibit may be replaced by a survey of the Premises once it is received by Tenant.
Setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental authorities.
Width of the access road shall be the width required by the applicable governmental authorities, including police and fire
departments.
17
When Recorded Send To:
Nextcl Communications
Atto: Property Manager
1750 112' Avenue NE, Suite C-100
Bellevue, WA 98004
EXHIBIT C
MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE is entered into on this __ day of ,1999, by and
between the CITY OF FEDERAL WAY, a Washington municipal corporation, with an office at 33530-
1't Way South, Federal Way, WA 98003 (hereinafterreferred to as "City"), and NEXTEL WEST CORP., a Delaware
corporation, d/b/a Nextel Communications, with an office at 1750 112t~ Avenue NE, Suite C-100, Bellevue, WA
98004 (hereinafter referred to as "Tenant").
City and Tenant entered into a Lease (the "Lease") on , 1999,
for the purpose of installing, operating and maintaining a communications facility in connection
with Tenant's wireless telephone communications service and other improvements. A~! zf the
The term of the Lease is for five (5) years commencing on ,199 ,
("Commencement Date") and terminating on the fifth anniversary of the Commencement Date
with three (3) successive five (5) year options to renew (subiect to the provisions of the Lease).
The land that is the subject of the Lease is described in Exhibit A annexed hereto. The portion of
the land being leased to Tenant (the "Premises") is described in Exhibit B annexed hereto.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year
first above written.
CITY:
CITY OF FEDERAL WAY,
a Washington municipal corporation
TENANT:
NEXTEL WEST CORP.,
a Delaware corporation,
d/b/a Nextel Communications
By: By:
Title: Title:
Date: Date:
STATE OF
COUNTY OF
On , before me, , Notary Public, personally appeared
, personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument, the entity upon behalf of which the person acted,
executed the instrument.
18
WITNESS my hand and official seal.
Notary Public
My commission expires:
(SEAL)
STATE OF
COUNTY OF
On ., before me, ., Notary Public, personally appeared
, personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument, the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
Notary Public
(SEAL)
My commission expires:
19
Adams, Arthur W. Habitat Suitability Index Models: Beaver 1983.
Jenkins (1980) reported that most of the trees utilized by beaver in his Massechusetts study area
were within 30 m (98.4 fi) of the water's edge. Howeever, some foraging did extend up to 100 m
(328 ft). Foraging distances of up to 200 m (656 ft) have been reported (Bradt 1938). In a
California study, 90% of all cutting of woody material was within 30 m (98.4 ft) of the water's
edge (Hall 1970). p.2
Beavers will live in close proximity to man if all habitat requirements are met (Rue 1964)
However, railways, roads, and land clearing often are adjacent to waterways and may be major
limiting factors affecting beaver habitat suitability (Slough and Sadleir 1977). p.4.
Prose, Bart L. Habitat Suitability Index Models :Belted Kingfisher 1985.
Roosts were 30.5 to 61.0 m (100-200 ft) from water and 6.1 to 7.6 m above the ground. P.4.
Nearby water apparently was not critical in nest site selection in Minnesota (Cornwell 1963); two
of nine nests were directly over water, three were within 152.4 m of water, and four were within
0.5 to 1.6 km. p 6.
Findlay, C. Scott and Jeff Houlahan. Anthropogenic Correlates of Species Richness in
Southeastern Ontario Wetlands. 1996
Our results show a strong positive relationship between wetland area and species richness for all
taxa. The species richness of all taxa except mammals was negatively correlated with the density
of paved roads on lands up to 2 km form the wetland. Furthermore, both herptile and mammal
species richness showed a strong positive correlation with the proportion of forest cover on lands
within 2 km. These results provide evidence that at the landscape level, road construction and
forest removal on adjacent lands pose significant risks ro wetland biodiversity. Furthermore,
they suggest that most existing wetland policies, which focus almost exclusively on activities
within the wetland itself and/or a narrow buffer zone around the wetland perimeter, are unlikely
to provide adequate protection for wetland biodiversity, p. 1.
On the basis of the statistical models we developed, the removal of 20% of the forest cover on
lands within 1000 m of a wetland appears to have approximately the same impact on herptile and
mammal species richness as the loss of 50% of the wetland proper; the same conclusion applies
to a 2 m/ha increase in total paved road density for plants, birds, and herptiles. Thus, in terms of
wetland species richness at least, land use practices around the wetland may be as important as
the size of the wetland itself, p. 8.
The Ontario Wetland Policy explicitly addresses adjacent land use tp to 120 m (384 ft) from the
wetland or wetland complex edge by stipulating that "Development may be permitted (in this
zone) only if it does not result in ...loss of wetland functions". But our results indicate that the
strongest relationships between species richness and both road density and forest cover occur
over distances up to 1000 to 2000 m form the wetland edge. Thus, we conclude that wetland
policies, which either do not regulate adjacent land use or regulate only a narrow buffer zone
around the wetland edge, are unlikely to adequately protect wetland biodiversity from certain
types of human activities; certainly, the 120 m of adjacent land now subject to regulation under
the Ontario Wetland Policy is not sufficient, p.8
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT:REQUIRED PUBLIC HEARING/1999-2000 BIENNIAL BUDGET
ADJUSTMENTS & PROPERTY TAX RATE
CATEGORY: BUDGET IMPACT:
X
CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: none
SUMMARY/BACKGROUND: The City Council is conducting the required public hearing to receive
citizen commem on: (1) 1999-2000 Biennial Budget Adjustment & (2) Property Tax Rate for 2000
CITY COUNCIL COMMITTEE RECOMMENDATION: none
CITY MANAGER RECOMMENDATION: To receive public comment on the 1999-2000 biennial
budget adjustment and the 2000 property tax rate prior to enactment of the ordinances.
APPROVED FOR INCLUSION IN COUNCIL
PACKET:
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
cover. 99bud
MEETING DATE: November 16, 1999 ITEM//
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
CATEGORY:
CONSENT
ORDINANCE
BUSINESS
X HEARING
FYI
X RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
BUDGET IMPACT: N/A
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: Proposed resolution, staff report, petition for annexation, legal description and map
........................................................ .............................................................................................................................
SUMMARY/BACKGROUND: On 5/5/99 the City received a 10% petition from John Elley (and
Quadrant) to annex a 17.8-acre parcel located east of I-5, west of Military Road, and approximately 600
feet north of South 320th Street, at Weyerhaeuser Way (if extended). On 6/8/99 the City Council accepted
the 10% petition and authorized circulation of the 60% petition. On 9/16/99 the City received a 60%
petition to annex the subject property. Council approval of the annexation is subject to a public hearing,
CITY MANAGER RECOMMENDATION: That the City Council adopt the attached resolution accepting
the annexation petition and directing City staff to prepare and submit the "Notice of Intention to Annex" to
the King County Boundary Review Board.
APPROVED ~CLUSION IN COUNCIL
PACKET: ~ ~
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
k~:\agnditem\tract 17.res
RESOLUTION NO. 99-
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, DECLARING AND
GIVING NOTICE OF ITS INTENTION TO ANNEX
APPROXIMATELY 1.25 ACRES LO CATED BETWEEN EAST
OF INTERSTATE 5, WEST OF MILITARY ROAD, AND
APPROXIMATELY 600 FEET NORTH OF SOUTH 320TM
STREET AT WEYERHAEUSER WAY SOUTH (IF
EXTENDED).
WHEREAS, RCW 35A. 14.010 authorizes the City of Federal Way to annex any
portion of a county not incorporated as part of a city or town but lying contiguous to the City of
Federal Way; and
WHEREAS, on May 5, 1999, pursuant to RCW 35A. 14.120, John Elley, as owner
of not less than ten percent (10%) in assessed valuation of the property proposed for annexation, as
certified by the City Clerk, filed a Notice of Intention to Petition for Annexation to the City of
Federal Way approximately 1.25 acres of property ("Annexation Property") contiguous to the
northeast boundary of the City of Federal Way; and
WHEREAS, on June 15, 1999, the City Council accepted the 10% Petition,
authorized the preparation of a Petition for Annexation and required the Annexation Property to
assume its pro rata share of existing City indebtedness; and
WHEREAS, the City Council established Comprehensive Plan and Zoning
designations, subject to a Development Agreement, for the Annexation Property, on December 15,
1998, pursuant to Ordinances No. 98-330 and 98-331, respectively; and
Res. #99-__, Page 1
WHEREAS, the annexation actionis exempt from all environmental review pursuant
to RCW 43.21 C.222; and
WHEREAS, on September 16, 1999, John Elley submitted a Petition for Annexation,
with legal description prepared by a professional land surveyor and boundary map of the
Annexation Property, which is contained in Exhibit A and attached hereto and incorporated herein
by reference; and
WHEREAS, the City Clerk has certified that the Petition contains the signatures of
the owners.of at least sixty (60%) of the assessed valuation of the property proposed for annexation;
and
WHEREAS, on November 16, 1999, the City Council held a public heating, after public
notice as required by law, on the proposed annexation of the subject property; and
WHEREAS, the City of Federal Way and King County have conducted certain
planning efforts as required by the Growth Management Act, RCW 36.70A. Both the County and
City of Federal Way have identified the Annexation Property as within King County's Urban
Growth Area, and the Annexation Property is within the Potential Annexation Area of Federal Way;
and
WHEREAS, the City Council finds that it would promote the health, safety and
welfare of the citizens of the City of Federal Way to annex the subject property;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
HEREBY RESOLVES AS FOLLOWS:
Section 1. Notice of Intention to Annex. The City of Federal Way hereby declares
and gives notice o fits intention to annex approximately 1.25 acres lying adjacent to the northeasterly
Res.//99- , Page 2
boundary of the City of Federal Way, legally described and depicted in Exhibit A, which is attached
hereto and incorporated herein by this reference. The City's intention declared herein is conditioned
upon Mr. Elley's execution of a form, acceptable in form and content to the City Attorney, ora form
indicating Mr. Elley's ratification and acceptance of the terms of the Development Agreement
adopted by the City Council in Ordinance No. 98-331. If Mr. Elley does not execute said form
within thirty (30) days of the adoption of this Resolution, the City Council's intention to annex
declared herein shall be deemed revoked without further action of the City Council.
Section 2. Timing of Annexation. The City's annexation shall be accomplished by
ordinance, which shall provide for the assumption of a pro-rata share of existing City of Federal
Way indebtedness by the area to be annexed. The Council may adopt the ordinance following Mr.
Elley's execution of the form specified in Section 1 above. The ordinance shall be effective
following passage of 45 days from the filing of the City's Notice of Intention to annex as provided
in Section 3 below, if no person invokes the jurisdiction of the Washington State Boundary Review
Board for King County ("BRB"), or upon the ef-t:ective date of the BRB's approval of the annexation
if BRB jurisdiction is invoked.
Section 3. Filing Notice of Intention with Boundary Review Board. Pursuant to
RCW 36.93.090, but only following Mr. Elley's execution of the form specified in Section 1 above,
the City Manager and/or his designee is directed to file a copy of this Resolution with the
Washington State Boundary Review Board for King County, together with the City's Notice of
Intention to Annex in such form as may be required by the Board, and to take whatever other steps
may be necessary to fulfill the intent of this resolution.
Res. #99-__, Page 3
Section 4. Severability. If any section, sentence, clause or phrase of this resolution
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 5. Ratification. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affirmed.
Section 6. Effective Date. This resolution shall be effective immediately upon
passage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this __ day of November, 1999.
CITY OF FEDERAL WAY
ATTEST:
M.AYOR, RONALD L. GINTZ
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, LOND[ K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
K:\CD\ORDINA\Tract 17. res
Res. #99- _, Page4
TO:
PETITION FOR ~/qlgEX3kTION TO THE
CITY OF FEDERAL WAY, WASHINGTON
THE HONORTkBLE ~YOR AND CITY CO[~CIL OF THE
CITY OF-FEDEF<AL WAY, W.~SHINGTON
33530 1ST WAy SOUTH
FEDERASL WAY, WASHINGTON 98003
CCD
Ci~ ~ C
' :' L~ %:
We, the undersigned, being the owners of not less than sixty percent
(60%) in value of the real :property herein described and lying contiguous to
the City of Federal Wav. ' ...... ~ .....
,,~:_-,~.~,o~o,, do hereby petition that such territo~,; be
annexed to and' made part of the City of Federal Way under the provisions of RCW
35A.14.120, et seq., and any amendments thereto, of the State of Washington.
The territory proposed to be annexed is within King County7 Washington;
the legal description of which territory is set forth in Exhibit "A", attached
hereto and made part hereof; and the boundary map of which territory is set
forth in Exhibit "B", attached hereto and made part hereof.
The City Council of the City of Federal Way met with the initiating
parties at a regularly scheduled meeting on June 15, 1999, and did determine
that the City would accept the petitioner's A~otice of Intention to Petition,
with boundaries as orooosed by the petitioner. At said meeting the City
Council did also de~ermine as disclosed by the minutes entry regarding ui%e same
in the minutes of the council meeting of July 15, 1999, that the area proposed
to be annexed Cit\, wou!d be recuired to assume its pro rata portion of existing
city indebtedness, if such area is annexed to the City.
WHEREFORE, the undersigned petition the City Council and request:
(a)
The approp-ria[e action be taken to entertai~"this petition, fixing
a date lb'._- a public hearing, causing notice to be Dub!isi}ed and
posted, soectfying ub.e =_ime and place of such hearing, and ~nv±zing
all persons ~nteresued no appear and voice approval or disapprcval
of such anne:<atio2: a~',.d
(b)
That following suc:-; ,hearing, and pending approval of the Boundary
Review Board, the City Council determine by ordinance th.hr such
annexation shall be made, annexing the above described te~-riuouv,
and declarins the Cate whereon such annexation shall be effective;
and the property so annexed shall become a part of the Citu' of
Federal Wa,:.', subjec%_ to its laws and ordinances then and thez-eafuer
in force.
The petitioner subs~,-'~: . he~:e.
...... n~ to aq:-ees that all property within the tc;z-~ %orv
hereby sought to be a.nne:-:ed shall be assessed and taxed at the same ~-ate and
on the same basis as cnher propczly within ~he City of Federal Way, ir~.cluding
assessments or taxes in oa~e:%E of any bonds issued or debts contracted prior
' ' ~ . ~:-~1~ ~' ' .
to or existing a~ t:~e date of ~he annexation; and ackn~e~e~..~-~:e~t-.,~.e
nas been prev~ou~l-y p~ann~d ane
the City of Feder~i ::a'.', as ~s' ~biished on official comprehensive
zoning maps as ..... ~a~-~: ..... .~ -.',~ t~; ~:::.'..' of ~'ederal Wav. :" :
k
WARN I NG
EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS/HER TRUE NAMe,
OR WHO KNOWINGLY SIGNS MORE THAN ONE OF THESE PETITIONS, OR SIGNS k PETITION
WUEN HE/SHE IS NOT A REGISTERED VOTER, OR SIGNS A PETITION WHEN HE/SHE IS
ERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT,
SHALL BE GUILTY OF A MISDEMEANOR.
OWNER'S SIGNATURE
PRINTED NAME
~dDDRESS
DATE SIGNED
2
3
RECEIVED BY
CO~,!:,;.UNI TY OEVELOP¢..!E,?F DE PART'/,,{~,rT
A
EXHIBIT-----t--'
PAGE O
ANNEXATION DESCRIPTION
QUADILANT RES NORTH, TRACT 17 PARCEL
THAT PORTION OF OF LOT 17, MLDWAY SUBURBAN TRACTS, ACCORDILS/~ G TO THE
PLAT THEP,._EOF, RECORDED iN VOLUME 38 OF PLATS, PAGE 40, IN KING COUNTY,
WASHINGTON, LYiNG SOUTHERLY OF THE SOUTHEASTERLY MARGiN OF THE
BONNEVILLE POW'ER ADMiNISTRATION'S TRANSMISSION LI'NE RIGH~ OF WAY,
200 FEET IN WIDTH, FOR COViNGTON-TACOMA TRANSMISSION LINES NOS. l ANrD
2, AS SAED RIGHT OF WAY EXISTED PRIOR TO NOVEMBER 29, 1958.
DESCR.I~TION BY V/&H PACIFIC, i-NC.
ROBERT E. WALL[S..- P.L.S. 18102
DATE
RECEIVED BY
9
,;~ ~ CONCRETE MONUMENT SW I/4 SECTION {0. r 21 N. R
' ~ (ESM_..- A L 990) /- X,
rO::.eR ¢ % I , '" ,- -- eSS I . :.,'- i:, :" ,:,
./ '/_ 'o,_ f -' .-' ,,09'~,,$
- '/-¢'\"".,:.$xu- x~ --~ .. ,.,,:$'~ko.O' [ :,,'.::' : -,"r',"':.-.,
(.U"--,,.¢~" ,90~ .~ \. ~' . \~ :; ~ I - :" '-' -.'" "..',~' d.. '
~.<¢P' ..r '* .~- _..% 3.0 .~, r, ::','~,:' ...~.....,,:;.; -..; ~.:.'
~;~-¢~' /-- --' .Sb'~ ' ' :.;:,~.:: :.,.. ·
o~
· ~oo. oo.
ORDER tvo. 55~5~3. DATED DECEMBER 9. 1998 AND ES,'; SURLY
DRA~/1NG R~CORDED IN VOLUME 75 OF SUR~YS ON PAOE 205.
v,1 ~H CQPPER PIN
~:.; :' MONUtZENFED 5FRE~F C~,x'FERLI~E~(ESH - FEB. 1990)~'
~o.o~' __=~ ...... '.~; %
2' IRON ~.~ FILLED V~FH 2¢9'05'~9'E ~ STONE
CONCR~F~ V..~FH MCK. [~ CA~E 2555.5¢' V~TH CHISELED
(ES~,f -FE¢. ;990) (ES¢,~ - FEB. 1990)
~,~':~¢~4:¢-=~ TRA C T I 7 ANNEXA TI~p l{ [999
FEDERAL ~t,,'.~. ~" w/:.~t41NGTON
'
$ 3141H Pt
S. 3161H ST.
WAY CITY LIMITS
S. 320TH ST.
S. 3,' )TH ST.
Tract 17
Proposed
Annexation
(STR:SW102104)
To the City .of
Federal Wa~!.
Annexation Area
Map
Legend:
Federal Way City Limits
Proposed Annexation
Area
Vicinity Map
Scale: 1 to 5400
1 Inch equals 450 Feet
0 500 Feet
Map Printed: October 1999
luserslnamim/projects/cc
tLnnxt17v.map
City of
N
=ederal Way
_ S 320TH ST
/
$ 308th ST~
S.336TH ST.
Legend:
Federal Way City Limits
Potential Annexation Area
Proposed Annexation Area
S. 272ND ~T.
$. 298th ST.
Steel
Lake
~TH ST
T S. 324fh S~T.
Annexation ~
Area
Potential Annexatipn
1 Inch equals 2548 Feet
Area Bo u nda ri(~¥/..i I I::t ri. ~'~
and Tract 17 """ '""'""
Annexation PAGE ~._L. o F _..~~_ ,...~non,,.~?~J
City of Federal Way makes no
warrant}/as to its~ccuracy
MEETING DATE: NOVEMBER 16, 1999 ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: CITY COUNCIL RULES OF PROCEDURE
CATEGORY: BUDGET IMPACT:
CONSENT
ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: 1) Council Member Watkins Proposed Amendments; 2) City Council Rules of
Procedure "Striker" Draft 9/23/99 with FEDRAC changes of 10/1/99 and 3) "Clean"
Draft incorporating all changes
SUMMARY/BACKGROUND: Since the Council Rules of Procedure ("Rules") have not been revised
since 1994, the attached proposed revisions are an attempt to streamline the Rules to avoid duplication and
to make the Rules more "user friendly" by cross-referencing certain sections. Recent comments made by
various City Councilmembers have also been incorporated in the proposed revisions to the Rules. The
Rules went before the FEDRAC Council Committee on October 1, 1999. Revisions are noted by strike-
throughs and underlines in the striker draft. Revisions made by FEDRAC are indicated in Italics and
double-underlined. Since it is difficult to read the "striker" draft, we have also included a clean copy of
the Rules for your review that incorporates all changes.
Approval of the proposed changes came before Council on October 19, 1999, at which time a motion was
made by Council Member Watkins for delay until the November 16, 1999 Council Meeting due to the fact
that he had been out of town and had not had time to review them. Council Member Watkins has proposed
CITY COUNCIL COMMITTEE RECOMMENDATION: Forward revisions to City Council Rules
of Procedure to full Council for approval.
CITY MANAGER RECOMMENDATION: Approve Council Committee recommendations, and
consider Council Member Watkins' proposed amendments.
APPROVEDpAcKET: FOR ~~~ COUNCIL
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
K:~gnditem\ccrules2.cc
6.11
6.12
6.13
6 614
amendable, and may be reconsidered at the same meeting only if it
received an affirmative vote.
A motion to call for the question shall close debate on the main motion
and is undebatable. This motion must receive a second and fails
without a two-thirds' (2/3) vote; debate is reopened if the motion fails.
A motion to amend is defined as amending a motion that is on the floor
and has been seconded, by inserting or adding, striking out, striking
out and inserting, or substituting.
Motions that cannot be amended include: Motion to adjourn, agenda
order, lay on the table, roll call vote, point of order, reconsideration and
take from the table. A motion to amend an amendment is not in order.
Amendments are voted on first, then the main motion as amended (if
the amendment received an affirmative vote).
[Redundant wi § 6.5] ~': ...... :-- -' "~- ---'=-- -
~,,o,.,oo,v,, ,,, ,,,o ,,,~,,,,,, c~n~y occurs a,'t=r
~A&~A~ ~AA ~ AAN MAIIA~ AN~ AAAA--~A~
[Redundant wi new § 16.6] The C~,"i C==r~ '":",,,,, tG~e; rc, IIc=== vc, t~, ,,:'
.A~.,AA A A ~ I
"-- ~':"' ~"--' .... :" ;-'---- the Mayor will
At the conclusion of any vote, ,,,= ~,,,y ~,,=,, ,,,,, ,,,,~, ,,,
announce of the results of the vote.
When a question has been decided, any Councilmember who voted in
the majority may move for a reconsideration, but no_motion for
reconsideration of a vOte shall be made after the meeting has
adjourned.
The City Attorney shall decide all questions of interpretations of these
rRules and other questions of a parliamentary nature which may arise
at a Council meeting. (See also Section 4 of thes__e Rules of-12roeed~ure.)
'14
9.6
Mail that is addressed to the Mayor and Councilmembers shall be
copied and circulated to all City Councilmembers by the City Clerk, as
soon as practicable after it arrives.
9.7
The City Clerk shall not open mail addressed to individual
Councilmembers if it is marked personal and/or confidential.
9.8
No Councilmember shall direct the City Manager to initiate any action
or prepare any report that is significant in nature, or initiate any
si.qnificant project or study without the consent of a majority of the
Council. New initiatives having policy implementation shall be directed
to a Council Committee for consideration.
9.9
Individual requests for information can be made directly to the
Department Director unless otherwise determined by the City Manager.
If the request would require more than four (4) hours of staff time or
create a change in work assignments or City staffing levels, the request
must be made through the City Manager: and approved by a Council
Committee. The Department Director shall determine the number of
hours to respond to the request and will advise the City
Councilmember.
9.10
To provide staff the necessary preparation time, Councilmembers will
provide staff advance notice of any questions or concerns they may
have regarding an agenda item prior to a public meeting, if possible.
SECTION 10.
COUNCIL MEETING STAFFING
10.1
The City Manager shall attend all regular meetings of the Council
unless excused. The City Manager may make recommendations to the
Council and shall have the right to take part in the discussions of the
Council, but shall have no vote. When the City Manager has an excused
absence, the designated Acting City Manager shall attend the meeting.
10.2
The City Attorney shall attend all meetings of the Council unless
excused, and shall, upon request, give an opinion, eitherwritten or oral,
on legal questions. The City Attorney shall act as the Council's
parliamentarian. The Deputy or Assistant City Attorney shall attend
meetings when the City Attorney has been excused.
10.3
The City Clerk, or designee, shall attend Regular, Sp~c~.~ ---' °"'""
meetings of the Council, keep the official journal (minutes), and
"STRIKER" DRAFT 9~23~99
with FEDRAC Changes of 1011199
in Italics and Double Underlined
ADOPTED
JANUARY 21, 1992
Amended
March 17, 1992
May 19, 1992
July 21, 1992
December 15, 1992
April 20, 1993
January 18, 1994
June 7, 1994
September 21, 1994
December 6, 1994
OFFICE OF THE CITY CLERK'S OFFICE
SECTION NO.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
INDEX
TITLE
Authority
Council Meetings
Agenda Preparation
Council Discussion
Citizen Commen~ --" ~'--'" ..... '- "'-"--"'
Motions
Ordinances
Mayor and Deputy Mayor
Council Relations with City Staff
Council Meeting Staffing
Councilmember Attendance at Meetings
Public Hearings
Media Representation at Council Meetings
Council Representation
Confidentiality
Council Travel & Expenses
PAGE NO.
4
4
910
~t12
-1-~ 12
'1~13
-1-315
't415
'P316
~617
~618
~618
t-719
'1-719
+719
~8 20
2
SECTION NO.
17
18
19
20
21
22
23
24
TITLE
Public Records
City Manager Evaluation Process
Mayor/Deputy Mayor Selection Process
City Advisory Committees
Council Committees
Filling City Council Vacancies
Miscellaneous
Suspension and Amendment of Rules
PAGE NO.
26 28
26 28
2-7 29
2-7 29
3~ 33
3-2 35
35 38
35 38
3
SECTION 1.
AUTHORITY
1.1
The Federal Way City Council hereby establishes the following r_Rules
of Procedure ("Rules") for the conduct of Council meetings,
proceedings and business. These rRules shall be in effect upon
adoption by the Council and until such time as they are amended or
new r_Rules adopted in the manner provided by these r_Rules.
SECTION 2.
COUNCIL MEETINGS
2.1
TYPES OF MEETINGS:
(1)
Regular Meetings. Council's regular meetings will be held the
first and third Tuesdays of each month in Council Chambers,
City Hall.
Regular Council meetings will begin at the hour of 7:00 p.m., and
will adjourn no later than 10:00 p.m. To continue past this time
of adjournment, a majority of the Council must concur.
[Moved from §2.3] If any Tuesday on which a meeting is
scheduled falls on a legal holiday, the meeting shall be held at
7:00 p.m. on the first business day following the holiday, or on
another day designated by a majority vote of the Council.
(2)
Special Meetinqs. A Special meeting is any Council meetinq
other than a Regular Council meeting. [Moved from § 2.9(2)]
Notice shall be given at least 24 hours in advance specifying the
time and place of the meeting and the business to be transacted.
[Moved from §2.9(2)] A Special Council meeting may be
scheduled by the Mayor, City Manager or at the request of a
majority of the Councilmembers.
(3)
Study Sessions. Council's Study Sessions will be held, when
needed, as follows:
4
--,~ 4h.~h -- --
~d~VIIl,lllld~ ~7~lgL LIIIg LIIII~ VI OMJVMIIIIII~IILl ~;I IIICIJVlll,,~ vi
",.,,.,,~,,-"--:' .,.-o,' ~,,,.--. ....... [Moved to §2.a{1}, Regular Meetings]
Speci~ sStudy sessions may be called by the Mayor, City
Manager or by two (2) or more Councilmembers.
Study Sessions will be informal meetings for the purpose of
reviewing forthcoming programs, receiving progress reports on
current programs or projects, or receiving other similar
information. The Mayor and City Manager will determine on-
going dedicated schedules for regular study sessions.
No final decisions can be made at a Study Session. Decisions
on those issues will be scheduled for a Regular or Special
Council meeting.
II Clll,y I kl~/gldCl,lr q/Il IlIIU,.II CI IIIQ~ilII~I I~ ~t,.II~MLII~I ICill~ VII ii I~CII IIVll~,lcI,y,
&k-- ------4,:---- --L--II L-__ k--IJ --4, 'l.f~fl __ __ ____ 4,L__ r.--4, L-..--:----~A ,,JA..
&--II .... :---- &l--- l---IIJ .......... Il.--..J--.. l. ..... l--.;'- .... 4'-- .~; 4,1,~--
IVIIVTIII I~ LII~ I I~JI I&&ayt VI VII al IVLI I~1 %,4ay &7 ~1~ a I I laj%JI IL~r 1~ ~.~ I.~ VI I, II~
C~,u~.¢il. [moved to § 2.1, Regular Meetings]
(4)
Emergency Meetings. An Emergency meeting is [moved from §
2.9(3)] a Special Council meeting called without the 24-hour
notice. An Emergency meeting deals with an emergency
involving injury or damage to persons or property or the
likelihood of such injury or damage, when time requirements of
a 24-hour notice would make notice impractical and increase the
likelihood of such injury or damage. Emergency meetings may
be called by the City Manager or the Mayor with the consent of
a majority of Councilmembers. The minutes will indicate the
reason for the emergency.
(6)
Executive Session Meetings. e An Executive Session is a
[moved from § 2.9(4)] Council meeting that is closed except to
the Council, City Manager and authorized staff members and/or
consultants authorized by the City Manager. The public is
restricted from attendance. Executive sessions may be held
5
during Regular or Special Council meetings and will be
announced by the Mayor or the Chair of the Special Council
Committee, respectively. Executive session subjects are limited
pursuant to Chapter 42 RCW, to includinq considering suc-~
---" .... '--: .... '-':-- '- real property acquisition and sale,
IIl~il, l,~l~ Eg I.vlv~ll,2g I~l~;l&lllq,J I.%/
public bid contract performance, complaints against public
officers and employees, public employment applications and
public employee evaluation, elective office appointments and
attorney-~lient discussions.
Before convening an Executive session, the Mayor or Chair shall
announce the purpose of the meeting and the anticipated time
when the session will be concluded. Should the session require
more time, a public announcement shall be made that the
meeting is being extended.
hearing. [moved to § 12.11
__..__.'I__LI__ __& ______L .----..l ........ :1 -- -- -- & : -- -- &--. &L~--
wish:n,3 '- --'~ .... '~- "-"--:' [moved to § 2 2(5)]
--&&~..----&:..A ..A&A A& &LA ~ ..... :1 --& A .----..1A.I..
meetim3:. [moved to § 2.3]
I I I L--~W IliA,mAre I II11~W~,W,
14t
T'I
meeting~. [Moved to § 2 1(2)] *'A,:---- -- ~--'' ~-- --: ..... ' '------' ~'
6
(3}~,,,~, ~=,,,.,~ ......... - [moved to § 2.1(4)]
IAI
" ' - [moved to § 2.1(5)]
2.~e2
ORDER OF REGULAR COUNCIL MEETING AGENDA:
(1) Call Meeting To Order
The Mayor calls the meeting to order. The Mayor will announce
the attendance of Councilmembers and indicate any
Councilmember who is not in attendance and whether or not the
Councilmember has an excused absence. The Mayor may, with
the concurrence of the Councilmembers, take agenda items out
of order. Aqenda items may be added pursuantto Section 3.3 of
these Rules.
(2) Pledge of Allegiance
Councilmembers and, at times, invited guests lead the flag
salute.
(3) Proclamations and Presentations
A Proclamation is defined as an official announcement made by
either the City Council or the Mayor.
City Council Proclamations are defined as those non-
controversial events which have a major citywide impact. City
Council Proclamations shall be publicly read at a City Council
meeting and presented to a representative of the event during
the Council meeting.
Mayor's Proclamations are defined as those non-controversial
events which are requested by and for a special interest group
within the City. Mayor's Proclamations are signed by the Mayor
and forwarded to a representative of the event.
(4)
(s)
The Mayor and City Manager shall determine if the Proclamation
request is for a City Council Proclamation or a Mayor's
Proclamation.
Controversy is defined as a dispute, especially a lengthy and
public one, between sides holding opposing views.
City Mana.cler Introduction of New City Employees and
Emergin~ Issues
Audience Citizen Comment
Members of the audience may comment on items relating to any
matter. [Moved from § 2.7] Citizen comment,'~;b~c, ~n§ sign-
ups will be available at each regular council meeting for the use
of those citizens wishing to address the Council· Comments are
limited to three (3) minutes per person.
The Mayor may allow C, citizens may t_Qo comment on individual
agenda items at times during any regularly scheduled City
Council meeting other than the regularly scheduled Citizen
Comment period ~;:c,; ,~, ~.,,~.,,,.., ,,,o,.u~,,,,,. These agenda
items include, but are not limited to, ordinances, resolutions and
Council Business issues T.- ......... ,,:___ :_ _.,_.:,:__
· I I1~ kVllllll~lll. I, IIIl~O ~'~ III
--'--~'"--' ---':-- (See also Section 5, "Citizen Comment" of
these Rules.)
Consent Agenda
Consent Agenda items have either been fully considered by a
City Council Committee or are considered to be routine and non-
controversial and may be approved by one motion. Items on the
Consent Agenda include but are not limited to, minutes,
resolutions and ordinances discussed at a previous City Council
or Committee meetings, bid awards and previously authorized
agreements. Any Councilmember may remove any item from the
Consent Agenda for separate discussion and action.
8
(6)
Public Hearings. See Section 12 of these Rules for discussion
of public hearing procedure.
(7) Council Business
Council Business items are usually those items other than
resolutions and ordinances requiring Council action,v,.,,,,,.."' '
(8) Introduction and First Reading of Ordinances
Discussion and debate by the City Council wilt may be held at
this time. Councilmembers may request=ha~ d=,,,~ ~;'h=th=r to
amendments to the ordinance at this time or at any time prior to
adoption, direct staff to further review the ordinance, or approve
placing the ordinance on the Consent Agenda at an upcoming
Regular Council meeting for enactment as an enforceable City
law.
T 'vi
R~$olutlona
I;gUIU&IUII Ig OgUl~l, lUII Vl&~ ~UIIV~ VI
(-1~9) Council Reports
The Councilmembers may report on significant activities since
the last meeting.
( 10)
City Manager Report
The City Manager and staff update the Councilmembers on
current issues or items of Council interest.
(-1-31--1) Adjournment
With no further business to come before the Council, the Mayor
adjourns the meeting.
2.3 MEETING MINUTES:
[Moved from § 2.8] The City Clerk will keep an account of all proceedings of
the Council in accordance with the statutory requirements, and proceedings
will be entered into a minute book constituting the official record of the
Council. City Council meeting minutes will not be revised without a majority
affirmative vote of the Council at a regularly scheduled Council meeting.
SECTION 3.
AGENDA PREPARATION
3.1
The City Clerk will prepare an agenda for each Council meeting
specifying the time and place of the meeting, and settinq forth a brief
10
general description of each item to be considered by the Council. The
agenda is subject to approval by the Mayor and the City Manager.
3.2
An item may be placed on a Council meeting agenda by any of the
following methods:
(2)
(3)
(4)
(s)
(6)
A majority vote of the Council;
Council consensus;
By any two (2) Councilmembers;
By the City Manager;
By a Council Committee; or
By the Mayor.
A draft a.qenda will be provided to all City Councilmembers who shall
have approximately 48 hours to review prior to publication.
3.3
An item may be placed on a regular Council meeting agenda after the
agenda is closed and the notice published if the Councilmember or City
Manager explains the necessity and receives a majority vote of the
Council at a public meeting.
3.4
3.6_4
The City Clerk will endeavor to schedule sufficient time between public
hearings and other scheduled items, so the public is not kept unduly
waiting, and so the Council will have sufficient time to hear testimony
and to deliberate matters among themselves.
3.6_5
Legally required and advertised public hearings will have a higher
priority over other time-scheduled agenda items which have been
scheduled for convenience rather than for statutory or other legal
reasons.
3.86
Agendas will be finalized by ~-uesday Wednesday, noon - approximately
one (1) week prior to the Council meeting. Agenda materials will be
available, at City Hall, for the Council, City staff, media and public on
the Friday before the meeting.
11
3.~7
All agenda items packet reports will be in the format provided by the
City Clerk's Office.
3.~, 08__
The Council may use the agenda item cover sheet "Recommendation
Statement" language for making a motion.
SECTION 4.
COUNCIL DISCUSSION
4.1
All Council discussion shall be governed by ROBERTS RULES OF
ORDER, NEWLY REVISED.
SECTION 5.
~-~ ~,.~ kl ~,~ a-- r~ Ikl ~
CITIZEN COMMENTS, ,.,,.,,,,.,.-,,,,,.,
5.1
Persons addressing the Council, who are not specifically scheduled on
the agenda, will be requested to step up to the podium, give their name
e~td-addres~ for the record, and limit their remarks to three (3) minutes.
All remarks will be addressed to the Council as a whole. Any person
making personal, impertinent, or slanderous remarks, orwho becomes
boisterous, threatening, or personally abusive while addressing the
Council, may be requested to leave the meeting.
5.2
The Mayor has the authority to preserve order at all meetings of the
Council, to cause the removal of any person from any meeting for
..... : The
disorderly conduct and to enforce these Rules -' "~-" '
Mayor may command assistance of any peace officer of the City to
enforce all lawful orders of the Mayor to restore order at any meeting.
5.3
Citizens with complaints, concerns or questions, will be encouraged to
refer the matter to the City Manager, or ask that the matter be placed on
a future City Council meeting, or Council Committee agenda with the
appropriate background information. Any citizen who voices a concern
or complaint at a City Council meeting which involves a potential
violation of the City's Code of Ethics shall be advised by the Council,
or City Management staff, of the existence of the City's Board of Ethics,
and of the procedures for requesting Ethics Board opinions and/or
investigations from the Ethics Board.
12
SECTION 6. MOTIONS
6.1
If a motion does not receive a second, it dies. Motions that do not need
a second include: Nominations, withdrawal of motion, agenda order,
request for a roll call vote, and point of order.
6.2
A motion that receives a tie vote is deemed to have failed.
6.3
When making motions, be clear and concise and not include arguments
for the motion within the motion.
6.4
After a motion and second, the Mayor will indicate the names of the
Councilmembers making the motion and second.
6.5
After a motion has been made and seconded, the Council may discuss
their opinions on the issue prior to the vote. No further citizen
comments may be heard when there is a motion and a second on the
floor, unless allowed by the Mayor.
6.6
When the Council concurs or agrees to an item that does not require a
formal motion, the Mayor will summarize the agreement at the
conclusion of the discussion.
6.7
A motion may be withdrawn by the maker of the motion, at any time,
without the consent of the Council.
6.8
A motion to table is undebatable and shall preclude all amendments or
debates of the issue under consideration. If the motion to table
prevails, the matter may be "taken from the table" only by adding it to
the agenda of a future Regular or Special meeting at which time
discussion will continue; and if an item is tabled, it cannot be
reconsidered at the same meeting.
6.9
A motion to postpone to a certain time is debatable as to the reason for
the postponement but not to the subject matter of the motion; is
amendable; and may be reconsidered at the same meeting. The
question being postponed must be considered at a later time at the
same meeting, or to a time certain at a future Regular or Special City
Council meeting.
6.10
A motion to postpone indefinitely is debatable as to the reason for the
postponement but not to the subject matter of the motion; is not
13
6.11
6.12
6.13
6-.t614
6.-'1-?-1--5
6.--1-8.1--6
amendable, and may be reconsidered at the same meeting only if it
received an affirmative vote.
A motion to call for the question shall close debate on the main motion
and is undebatable. This motion must receive a second and fails
without a two-thirds' (213) vote; debate is reopened if the motion fails.
A motion to amend is defined as amending a motion that is on the floor
and has been seconded, by inserting or adding, striking out, striking
out and inserting, or substituting.
Motions that cannot be amended include: Motion to adjourn, agenda
order, lay on the table, roll call vote, point of order, reconsideration and
take from the table. A motion to amend an amendment is not in order.
Amendments are voted on first, then the main motion as amended (if
the amendment received an affirmative vote).
[Redundant wi § 6 5]
IA&~Ai ~AA ~AA-- .... A~
At the conclusion of any vote, .L_.,,. ,~:.....,.~ "'--'~.,~,. .... .,,,:" :-'----,,,,.., ,,, the Mayor will
announce of the results of the vote.
When a question has been decided, any Councilmember who voted in
the majority may move for a reconsideration, but no motion for
reconsideration of a vote shall be made after the meeting has
adjourned.
The City Attorney shall decide all questions of interpretations of these
r_Rules and other questions of a parliamentary nature which may arise
at a Council meeting. (See also Section 4 of these Rules ~.)
6.17
[Moved from § 2.10] Roll call votes will orfllt be taken durinp all
televised Council meetings on nonunanimous votes, or if requested by
a Councilmember, or as required by law. The purpose of roll call votes
is to assist the City Clerk in recordin,q the vote and to communicate to
the viewing public during televised City Council meetings the outcome
of the vote. The official meeting minutes will always reflect roll call
votes on each action item.
SECTION 7.
ORDINANCES
7.1
All ordinances shall be prepared or reviewed by the City Attorney. No
ordinance shall be prepared for presentation to the Council, unless
requested by a majority of the Council, or requested by the City
Manager or City Attorney.
7.2
Ordinances will be introduced and enacted by a Council Bill Number.
After enactment, the City Clerk shall assign a permanent ordinance
number.
7.3
The Mayor City Clerk or designee shall read the title of the ordinance
prior to voting unless the ordinance is on the Consent Agenda.
7.4
Upon enactment of the ordinance, the City Clerk shall obtain the
signature of the City Attorney. After the City Attorney's signature, the
City Clerk shall obtain the signature of the Mayor. After the Mayor's
signature, the City Clerk shall sign the ordinance.
7.5
Ordinances, or ordinance summaries, shall be published in the official
newspaper, as a legal publication, immediately following enactment.
7.6
Ordinances become effective thirty (30) days after the passage of the
ordinance unless otherwise specified.
SECTION 8.
MAYOR AND DEPUTY MAYOR
8.1
The Presiding Officer at all meetings of the Council shall be the Mayor,
and in the absence of the Mayor, the Deputy Mayor will act in that
capacity. If both the Mayor and Deputy Mayor are absent, the
Councilmembers present shall elect one of its members to serve as
Presiding Officer until the return of the Mayor or Deputy Mayor.
15
8.2 The Presiding Officer shall:
(1) Preserve order and decorum in the Council chambers;
(2)
Observe and enforce these Rules,,,-" r.'.'===
Cc,:.'nc~;
(3)
Decide all questions on order, in accordance with these R_rules,
subject to appeal by any Councilmember; end
(4)
Recognize Councilmembers in the order in which they request
the floor. The Presiding Officer, as a Councilmember, shall have
only those rights, and shall be governed in all matters and issues
by the same rules and restrictions as other Councilmembers=~
and
(s)
From time to time, appoint Councilmembers to serve on City
Council and ad hoc committees.
SECTION 9.
COUNCIL RELATIONS WITH CITY
STAFF
9.1
There will be mutual respect from both City staff and Councilmembers
of their respective roles and responsibilities when, and if, expressing
criticism in a public meeting.
9.2
City staff will acknowledge the Council as policy makers, and the
Councilmembers will acknowledge City staff as administering the
Council's policies.
9.3
All written informational material requested by individual
Councilmembers shall be submitted by City staff, after approval of the
City Manager, to all Councilmembers with a notation indicating which
Councilmember requested the information.
9.4
Councilmembers shall not attempt to coerce or influence City staff in
the selection of personnel, the awarding of contracts, the selection of
consultants, the processing of development applications or the
granting of City licenses or permits.
9.5
The Council shall not attempt to change or interfere with the operating
rules and practices of any City department.
16
9.6
Mail that is addressed to the Mayor and Councilmembers shall be
copied and circulated to all City Councilmembers by the City Clerk, as
soon as practicable after it arrives.
9.7
The City Clerk shall not open mail addressed to individual
Councilmembers if it is marked personal and/or confidential.
9.8
No Councilmember shall direct the City Manager to initiate any action
or prepare any report that is significant in nature, or initiate any
significant project or study without the consent of a majority of the
Council. New initiatives having r~olic¥ implementation shall be directed
to a Council Committee for consideration.
9.9
Individual requests for information can be made directly to the
Department Director unless otherwise determined by the City Manager.
If the request would require more than four (4) hours of staff time or
create a change in work assignments or City staffing levels, the request
must be made through the City Manager: and approved by a Council
Committee. The Department Director shaft determine the number of
hours to respond to the request and will advise the City
Councilmember.
9.10
To provide staff the necessary preparation time, Councilmembers will
provide staff advance notice of any questions or concerns they may
have regarding an agenda item prior to a public meeting, if possible.
SECTION 10.
COUNCIL MEETING STAFFING
10.1
The City Manager shall attend all regular meetings of the Council
unless excused. The City Manager may make recommendations to the
Council and shall have the right to take part in the discussions of the
Council, but shall have no vote. When the City Manager has an excused
absence, the designated Acting City Manager shall attend the meeting.
10.2
The City Attorney shall attend all meetings of the Council unless
excused, and shall, upon request, give an opinion, either written or oral,
on legal questions. The City Attorney shall act as the Council's
parliamentarian. The Deputy or Assistant City Attorney shall attend
meetings when the City Attorney has been excused.
10.3
The City Clerk, or designee, shall attend Regular, S~,,~,.,-~ =,,,., Study
meetings of the Council, keep the official journal (minutes), and
perform such other duties as may be needed for the orderly conduct of
the meeting.
SECTION 11.
COUNCILMEMBER ATTENDANCE AT
MEETINGS
11.1
Councilmembers will inform the Mayor, a Councilmember, the City
Manager or City Clerk if they are unable to attend any Council meeting,
or if they knowingly will be late to any meeting. The minutes will show
the Councilmember as having an excused absence.
SECTION 12.
PUBLIC HEARINGS
12.1
Types. There are two types of public hearings: legislative and quasi-
judicial. The Mayor will state the public hearing procedures before
each public hearing. [moved from § 2.5] Citizens may comment on
public hearing items. [moved from § 2]
12.2
Le.qislative Public Hearinq_s. The purpose of a legislative public hearing
is to obtain public input on legislative decisions on matters of policy,
including without limitation, review by the City Council of its
comprehensive land use plan or the biennial bud_qet.
12.3
Quasi-iudicial Public Hearin,qs. The purpose of a quasi-judicial public
hearing is to decide issues involving the rights of specific parties and
include, without limitation, certain land use matters such as site
specific rezones, preliminary plats, and variances. The City Council's
decision on a quasi-judicial matter must be based upon and supported
by the "record" in the matter. The "record" consists of all testimony or
comment presented at the hearing and all documents and exhibits that
have been submitted. In quasi-judicial hearinqs. Councilmembers
shall comply with all applicable laws including without limitation the
--,----' -- -~- .... ,~:-- -- :-- .... · ..... : ..... '- :- "-- appearance of
18
fairness doctrine
(Chapte 4236 RCW) ---' "--
SECTION 13.
MEDIA REPRESENTATION AT
COUNCIL MEETINGS
13.1
All public meetings of the City Council, Council Committees, and its
Council advisory committees shall be open to the media, freely subject
to recording by radio, television and photographic services at any time,
provided that such arrangements do not interfere with the orderly
conduct of the meeting. Seating space shall be provided for the media
at each public meeting.
SECTION 14.
COUNCIL REPRESENTATION
14.1
If a Councilmember appears on behalf of the City before another
governmental agency, a community organization, or throughthe media,
for the purpose of commenting on an issue, the Councilmember needs
to state the majority position of the Council, if known, on such issue.
Personal opinions and comments which differ from the Council
majority may be expressed if the Councilmember clarifies that these
statements do not represent the Council's position.
Councilmembers need to have other Councilmember's concurrence
before representing another Councilmember's view or position with the
media, another governmental agency or community organization.
SECTION 15.
CONFIDENTIALITY
15.1
15.2
Councilmembers should keep confidential all written materials and
verbal information provided to them during Executive Sessions, to
ensure that the City's position is not compromised. Confidentiality also
includes information provided to Councilmembers outside of Executive
Sessions when the information is considered to be exempt from
disclosure under exemptions set forth in the Revised Code of
Washington (RCW).
If the Council, in Executive session, has provided direction or
consensus to City staff on proposed terms and conditions for any type
of issue, all contact with the other party should be done by the
designated City staff representative handling the issue.
19
Councilmembers should obtain the permission of the City Manager
prior to discussing the information with anyone other than other
Councilmembers, the City Attorney or City staff designated by the City
Manager. Any Councilmember having any contact or discussion needs
to make full disclosure to the City Manager and/or the City Council in
a timely manner.
SECTION 16.
COUNCIL TRAVEL AND EXPENSES
16.1
PURPOSE AND ADMINISTRATION
The objectives of this policy are to provide elected officials who incur
authorized travel, subsistence, registration and related expenses while
on city business, reasonable and timely mechanisms for the
reimbursement and/or the advancement of such necessary
expenditures.
It is also recognized that City payment for business related food and
beverage for' non-travel purposes will be incurred by the City Council
wherein reimbursement will be provided. This policy statement also
serves to provide guidelines by which to determine whether or not
expenditures by the City Council may be reimbursable to the
Councilmember, and by which to determine refreshments and related
costs served or made available at meetings involving volunteers and
other quasi-employees are legitimate City expenditures.
Claimants have the responsibility for becoming knowledgeable about
authorized expenditures and the documentation requirements. Care
must be taken to avoid unnecessary or excessive expenditures, and
those not directly and reasonably related to the conduct of City
business.
16.2
DOCUMENTATION
Except for per diem allowances, no claim for reimbursement shall be
paid unless it is accompanied by a bona fide vendor's receipt. Such
receipts should show the date, a description of the purchase, vendor
identification and amount paid.
'16.3
CLAIMS
Claims for reimbursement shall contain the following:
20
(1)
The name of the person who consumed the goods or used the
service for which reimbursement is requested, whether it be for
meals, lodging, transportation or any other purpose.
(2)
A description of the event, occasion or circumstances related to
the claim and the public policy or public purpose served.
16.4
MEALS
Meal costs must be incurred directly by the claimant; direct billing to
the City by a restaurant is prohibited except by way of an authorized
City credit card.
Payment for table service at a restaurant, commonly referred to as a tip,
not to exceed fifteen percent (15%) of the restaurant price of the meal,
is reimbursable as a reasonable and necessary cost for such service.
16.5
PER DIEM SCHEDULE OF REIMBURSABLE MEAL COSTS
The reasonable cost of necessary meals while conducting City
business is authorized for reimbursement.
All City officials claiming reimbursement for meals consumed while on
City business shall be entitled to reimbursement not to exceed the
Renzheimer Meal/Lodging Index.
Notwithstanding the foregoing index, actual meal costs may be claimed
when they are part of a regularly scheduled business event such as
training seminar, professional meeting, or other business meeting.
If the costs of meals for persons other than the claimant are included,
those persons must be entitled to meal reimbursement in their own
right and they shall be listed by name and title in claim documentation.
16.6
EXPENDITURES NOT INCLUDABLE AS ACTUAL MEAL COSTS
Unauthorized expenditures include, but are not limited to:
(1) Liquor
21
16.7
16.8
16.9
16.10
16.11
(2)
Expenses of a spouse or other persons not authorized to receive
reimbursement under this policy.
TRAVEL
Reimbursement for reasonable costs of business travel is authorized.
General guidelines are as follows.
CITY VEHICLE
Out-of-the-area costs of vehicle operation are authorized, such as gas,
oil, tires and necessary repairs.
PERSONAL VEHICLE
Expenses shall be reimbursed for travel within a 300 mile radius of the
City at such rate per mile as shall be established from time to time by
the City Manager in his/her discretion, but not to exceed the then
current maximum rate allowed by the United States Internal Revenue
Service for reimbursement of such expenses for purposes of business
travel expense deductions. Trips beyond this limit will be reimbursed
at the lower of a) the established rate per mile, or b) the lowest available
(other than non-refundable) airfare obtainable by the City's Purchasing
Manager plus mileage reimbursement at the then current City rate,
based upon the estimated distance between the airport and the
destination. Incidental travel costs such as parking, ferry or bridge tolls
are reimbursable as they would be if a City vehicle was provided.
RENTAL VEHICLE
The cost of vehicle rental is considered an exception to this policy and
must be approved in writing per Section 4A (Meal Reimbursement for
Non-City Officials). Vehicle rental authorization must be separately set
out in any request for approval of such expenses. Approval of vehicle
rental as an item on a travel advance request will not be considered
sufficient authorization without a separate statement presenting the
reason such an expenditure is required.
AIR TRAVEL
Arrangement for air travel on City related business shall be arranged
by the Purchasing staff of the Finance Department or as otherwise
designated by the City Manager as outlined below:
22
(1)
Whenever feasible, the need for air travel arrangements should
be'provided by way of the normal requisition process at least 5
weeks in advance of the departure date.
(2)
The authorized procurer will arrange for air travel based on the
lowest available (other than non-refundable) airfare for a
regularly scheduled flight which reasonably accommodates the
time of travel requested, and the destination as specified by the
requisitioning department.
(3)
The authorized procurer will purchase the tickets at the time the
rate is quoted and the Councilmember will be advised of the
arrangements for acquiring the tickets.
(4)
If personal travel is combined with business related travel, the
traveling Councilmember shall be responsible for paying the
increase in airfare necessary to accommodate the personal part
of the flight. The City shall only pay the lowest available (other
than non-refundable) airfare for the round trip between the
Seattle/Tacoma airport and the business related destination.
Such payment for a personal travel shall accompany the City's
payment to the vendor for the tickets.
(5)
If changes in travel plans occur that are the result of City
business requirements, (i.e. delays in departure, cancellations,
extended stays, or revised itinerary) any associated costs shall
be paid by the City. However, all increase in cost of travel due to
changes for personal convenience will be borne by the
Councilmember.
(6)
Officials who obtain airline tickets on their own will be
reimbursed based on the lower of: a) Actual out-of-pocket cost
paid for the airline tickets or alternate means of transportation
(substantiated by a receipt); or b) the lowest (other than non-
refundable) airfare available for their time of travel, unless an
exception is granted in writing by the City Council. In this case,
the official must pay the cost of the travel and seek
reimbursement along with all other travel expenses. Direct
billing of airfare to the City is allowed only if ordered by the
Purchasing Staff, as may be authorized by the City Manager.
16.12
FIRST CLASS AIR TRAVEL
23
First class air travel is not authorized.
16.13
OTHER TRAVEL EXPENSES
Miscellaneous travel costs such as bus, taxi, bridge or other tolls,
parking, ferry, porter, bellman and the like (not including any maid
service) are authorized by a listing of same as provided by the
reimbursement form. Payment of a reasonable amount for porter
service, bellman service and the like is considered to be a necessary
payment for such service and, therefore, reimbursable.
16.14
VENDOR'S RECEIPT
A vendor's receipt will be required only when the single item cost of
this type expense exceeds $10.00.
Local parking, ferry and bridge tolls may be reimbursed through the
Petty Cash system, subject to the Petty Cash Guidelines.
16.15
OUT-OF-STATE OR OVERNIGHT TRAVEL
To be eligible for any City reimbursement for out of state and/or
overnight travel expense, the one way travel distance must be greater
than 50 miles from City or home.
16.16
ACCOMMODATIONS
Reasonable hotel/motel accommodations for officials are acceptable
and will be reimbursed at a maximum of the single room rate. A
vendor's receipt for this category is required for all claims. Direct
billing of hotel/motel charges is not allowed unless by way of an
authorized City credit card.
16.17
INCIDENTAL EXPENSES
Includes all reasonable and necessary incidental expenses and
includes, but is not limited to, the following.
16.18
ALLOWABLE INCIDENTAL EXPENSES
Laundry expenses if away from home four (4) or more calendar days.
Baggage checking.
24
Business telephone and postage expenses. Personal telephone calls
home, if away from home for more than a 24 hour duration, are
considered a business telephone expense.
16.19
NON-ALLOWABLE INCIDENTAL EXPENSES
Personal entertainment.
Theft, loss or damage to personal property.
Expenses of a spouse, family or other persons not authorized to
receive reimbursement under this policy
Barber or beauty parlor services.
Airline and other trip insurance.
Personal postage, reading material, telephone calls.
Personal toiletry articles.
16.20
NON-TRAVEL FOOD AND BEVERAGE REIMBURSEMENT POLICY
Reimbursable expenses are subject to the following:
(1)
Meals consumed by the City official during meetings and other
functions which conduct official City business or serve to benefit
the City of Federal Way are reimbursable to the official.
(2)
Generally, the City will not incur costs for refreshments, and
other related items, for meetings or functions held in the normal
course of business or that are attended solely by City officials.
However, such meetings or functions wherein a municipal
function, public purpose, or City program is served or furthered,
and wherein the City Council has expressly approved the
meeting as such, the City may incur such costs directly or as a
reimbursement to employees who have incurred such costs on
behalf of the City.
(3)
Refreshments purchased solely for personal entertainment are
not a legitimate City expense.
25
16.21 CEREMONIES AND CELEBRATIONS
16.22
16.23
(1)
Reasonable expenses, including food and beverage, associated
with commemorating a dedication or an unveiling that is
recognized as serving a public purpose are legitimate City
expenditures.
(2)
Private celebrations rather than public celebrations are not
generally considered as serving a public purpose. Refreshment,
food and beverage related costs would therefore not be
recognized as legitimate City expense.
(3)
Support of a local "event" or celebration may not take the form
of a gratuitous contribution of public funds to a private person,
committee or organization. Expenditure of public funds on a
publicly sponsored event requires the existence of a
recognizable public purpose that relates to the City's existence,
proper authorization from the legislative authority for such public
sponsorship, and a reasonable relationship between the amount
of the City's expenditure and the "public" nature of the event.
MEAL REIMBURSEMENT FOR NON-CITY OFFICIALS
Councilmember claims for the reimbursement of meal costs for non-
city employees and non-city officials shall be documented by a memo
authorized by the Mayor or, in the Mayor's absence, the Deputy Mayor.
The memo must identify:
(1) The names of the individual or individuals being hosted;
(2) Their official title or capacity as it related to City business;
(3)
The explanation of why this expenditure was an appropriate use
of City funds.
CLAIMS ANDAPPROVALPROCEDURE
All claims shall be submitted for reimbursement using the form
provided by the City Finance Department. Travel and subsistence
expenses except for incidental and minor costs will not be paid from
any Petty Cash Fund, unless as in compliance with petty cash policy
adopted by the City.
26
16.24
Special approvals required by this policy shall be obtained by
Councilmembers, from the Mayor, or in his/her absence, by the Deputy
Mayor. Such approvals shall be by separate memo which identifies the
policy exception being authorized and explains the reasons therefor.
16.25
Claims may include the reimbursable costs of other City officials who
would be entitled in their own right to claim business expenses.
16.26
Claims of Councilmembers must be approved by the Mayor or in
his/her absence the Deputy Mayor.
16.27
Exceptions to the expense rules for unusual circumstances may be
approved at a regular City Council meeting by a majority vote of the
Councilmembers present at the meeting.
16.28
In preparation of the City's annual operating budget, Councilmember
travel and training expenses shall be anticipated and included in
budget appropriations. Attendance at annual conferences of municipal
officials, such as the National League of Cities or Association of
Washington Cities, shall be addressed at the time of budget adoption
to reflect the number of Councilmembers who will attend to represent
the City.
Meetings, conventions or training programs that require expenditure of
funds to be reimbursed or paid on behalf of Councilmembers, and that
are not anticipated at the time of budget adoption, must be submitted
to the Council for approval. The request must be presented to the
Council in a timely manner prior to the event to permit an opportunity
for the Council to review and approve or deny the request based on its
merit, to allow all Councilmembers opportunity to discuss the
appropriate Council attendance. The request shall include: (a) Name
of organization sponsoring meeting, (b) Why attendance is requested;
benefits to the City, (c) Councilmember(s) to attend, (d) Location, (e)
Attendance dates, and (f) Estimated cost to the City.
16.29
A report, oral and/or written as appropriate, shall be made to the
Council at a meeting no later than two (2) weeks following said
conference, seminar or training, in order that the full Council may
benefit from the training experience received by the Councilmember
who attended. A record of such reports shall be maintained by the City
Clerk.
27
The Mayor shall make an annual State of the City report during a
regularly scheduled City Council meeting; a written report shall be
made available to the public at the time of the meeting.
The City Manager shall provide an Executive Summary following each
City Council retreat; a written report shall be made available to the
public the first working day following the retreat.
SECTION 17.
PUBLIC RECORDS
17.1
Public records created or received by the Mayor or any Councilmember
should be transferred to the City Clerk's office for retention by the City
in accordance with the Public Records Eaw Act, Chapter 42.17 RCW.
Public records that are duplicates of those received by, or in the
possession of the City, are not required to be retained. Questions
about whether or not a document is a public record or if it is required
to be retained should be referred to the City Attorney.
17.2
(Reserved for Electronic Records/Electronic Mail)
SECTION 18.
CITY MANAGER EVALUATION
PROCESS
18.1
The Mayor, Councilmembers and City Manager will determine the
evaluation criteria and format for the process.
18.2
After the criteria have been developed, the Councilmembers need to
concur on when the completed evaluation forms are due and who will
collect these documents.
18.3
Councilmembers need to discuss and decide if the Mayor and one (1)
or more Councilmembers should meet prior to the actual evaluation;
this meeting would allow time to summarize the comments; also, this
sub-committee (of less than a quorum) could determine
recommendations for the City Manager's employment contract
amendments, including, but not limited to, salary, bonus performance
payment, cost-of-living increase; the sub-committee can make a
recommendation to the entire Council at the time of the evaluation.
18.4
Copies of the City Manager's current employment contract shall be
made available to the entire Council.
28
18.5
At the evaluation session, the summary comments may be given, as
well as individual comments by Councilmembers; the City Manager
may wish to respond which is usually at the conclusion of the Council
comments; the City Manager's contract should be discussed and any
recommendations may be concurred to by the Council.
18.6
The evaluation is held in Executive session. Attendance is limited to
the Mayor, Councilmembers, City Manager and City Attorney.
18.7
The final step of the City Manager evaluation process is to have the City
Attorney prepare amendments, if any, to the City Manager's
employment contract. This contract needs to be approved as a
Consent Agenda item at a Council meeting.
18.8
The Mayor shall prepare a press release no later than the next working
day following the Executive Session regarding the results of the
evaluation.
SECTION 19.
MAYOR/DEPUTY MAYOR SELECTION
PROCESS
19.1
~lX~gGI YT~M IVl I l l la ,.]ir v I OIl~,,I I.~llal.~ir IllCi,yVl O~It;~Vi, lVll I~lVt.~gg.I
The Mayor and the Deputy Mayor shall be nominated and elected from
the ranks of the sittinq Councilmembere.
19.2
The Mayor and Deputy Mayor shall be elected for two (2) year terms at
the first Regular City Council meeting in January of the applicable year,
by a majority vote of the City Council in accordance with RCW
35A.12.065.
19.3
The City Clerk or designee shall conduct the election for Mayor. The
Mayor shall then conduct the election for the Deputy Mayor. (See
Appendix "A" to these Rules.)
SECTION 20.
CITY ADVISORY COMMITTEES
20.1
Federal Way's commissions, committees and task forces provide an
invaluable service to the City. Their advice on a wide variety of
subjects aids the Mayor and Councilmembers in the decision-making
process. Effective citizen participation is an invaluable tool for local
government.
29
20.2
20.3
20.4
20.5
20.6
20.7
20.8
20.9
These advisory bodies originate from different sources. Some are
established by ordinance while others are established by motion of the
City Council. It is at the discretion of the Council as to whether or not
any advisory body should be established by ordinance.
Federal Way advisory bodies bring together citizen viewpoints which
might not otherwise be heard. Persons of wide-ranging interests who
want to participate in public service but not compete for public office
can be involved in governmental commissions, committees and task
forces. These bodies also serve as a training ground or stepping stone
for qualified persons who are interested in seeking public office.
As Federal Way advisory bodies have been formed dufimj since
incorporation, the adoption of uniform rules of procedure is necessary
to assure maximum productivity. The following policies govern the
City's advisory groups; some of these advisory groups may have more
specific guidelines set forth by ordinance, or resolution, the Federal
Way City Code, or at times by state law.
Every advisory body, when it is formed, will have a specific statement
of purpose and function, which will be re-examined periodically by the
City Council to determine its effectiveness. This statement of purpose
is made available to all citizen members when they are appointed.
The size of each advisory group is determined by the City Council and
the size is related to its duties and responsibilities. Another
determination to be made prior to formation, is the cost impact for City
staffing a proposed advisory body.
The Council may dissolve any advisory body that, in their opinion, has
completed its working function or for any other reason.
Members and alternate members of all advisory bodies are appointed
by ma_ioriW vote of the Councilmembers during a regularly scheduled
meeting.
The Council Committee that the advisory committee reports to A
shall be convened to review, interview and recommend Citizen
Advisory Committee appointment~ to the City Council at a regularly
scheduled meeting. Any Councilmember who shall attend the public
interview session shall be eligible to vote on the recommendation to be
30
made to the full Council. A quorum of three (3) Councilmembers shall
be required to forward any recommendation to the full Council.
20.10
The City Council may approve reappointment of citizens wishing
second terms subject to any limits established by ordinance or other
laws.
20.11
Councilmembers will raise any concerns about any recommendation
prior to the City Council meeting that is scheduled for the approval of
the appointment.
20.12
Vacancies are advertised so that any interested citizen may submit an
application. Applicants ~ must be citizens of the City of
Federal Way if required by the Federal Way City Code or if required by
City " '
the Council. but------
Cil~I~II~43LI~b~II~,~ IIVIII IGOIN~gGII~ IIVIII~ VU~I~dlG VI I, IIG
....... &A ~ .... ~Ai:AA
-: ...... ' ..... Councilmembersare encouraged to solicitapplications
from qualified citizens. Applications shall be available from the Office
of the City Clerk.
20.-141~3
Lengths of terms vary from one advisory body to another, but in all
cases overlapping terms are intended. On special work task forces,
where a specific project is the purpose, there need not be terms of
office.
20.-1-51~4
Newly appointed members will receive a briefing by the commission,
committee or task force chairperson and/or City staff, regarding duties
and responsibilities of the members of the advisory body. This will
include a review of the City of Federal Way Ethics Code Resolution.
Each newly-appointmeflted member will receive an information packet
which will include a Certificate of Appointment signed by the City
Council Mayor, a commission, committee or task force membership list,
responsible City staff member, statement of purpose for the advisory
body which may include an ordinance, resolution, or bylaws, or annual
work program and a copy of the City of Federal Way Ethics Code
31
20.-1615
20.-1-817
20.~918
20.201_~9
20.2-~2_~0
20.2-22_~1
20.2-322
20.242:3
All advisory bodies will be responsible for adopting their operating
policies consistent with the establishing resolution or ordinance.
All meetings of advisory bodies are open to the public in accordance
with the public meeting laws of the State of Washington which requires
a minimum 24-hour advance notice; no advisory committee will
schedule a meeting earlier than 7:00 a.m.
The number of meetings related to business needs of the advisory
group may be set by the individual body, unless set forth in a
resolution or ordinance. Notice of all meetings, including date, time,
place and principal subjects to be discussed will be published in
accordance with the public meetings laws of the State of Washington
and the policies of the City of Federal Way.
The advisory body chairperson will be responsible for coordinating the
meeting agendas with the appropriate City support staff.
Minutes will be kept of all meetings in accordance with the public
meeting laws of the State of Washington. The appropriate City support
staffwill be responsible for preparation of the minutes of each advisory
committee meeting.
Excessive absenteeism, excluding illness or required travel, is cause
for the removal of an advisory body member. Three (3) consecutive
absences will be considered resignation from the body unless prior to
the third absence, the member has requested, and been granted, an
excused absence. The advisory body granting the excused absence
will determine the validity of the request.
Members may resign at any time their personal circumstances change
to prevent effective service.
Members may be removed, from any advisory committee, prior to the
expiration of their term of office, by a majority vote of the City Council.
A quorum for conducting business is a simple majority of the
membership of the advisory body.
All members of advisory bodies should be aware of the need to avoid
any instance of conflict of interest. No individual should use an official
position to gain a personal advantage.
32
20.2524
Lobbying efforts by any advisory bodies on legislative, or political,
matters should first be checked for consistency with existing City
policy by contacting the City Manager's office. In the event a position
is taken that differs from that of the City's policy, an advisory body
acting as an official body of the City of Federal Way, cannot represent
that position before another body, i.e., the State Legislature or the King
County Council. An individual member is free to voice a position, oral
or written, on any issue as long as it is made clear that he or she is not
speaking as a representative of the City of Federal Way, or as a
member of his or her commission, committee or task force.
20.262_~5
Members of advisory bodies are encouraged to attend City Council
meetings to keep abreast of Council actions.
20.2~26
The City Council transmits referrals for information or action through
the City Manager to the advisory groups. These advisory groups
transmit findings, reports, etc., to the City Council through the City
Manager.
20.2827
While the City staff's role is one of assisting the commission,
committee or task force, the City staff members are not employees of
that body. The City staff members are directly responsible to his or her
Department Director and the City Manager.
20.28
Annually, each advisory committee shall develop a work program for
the City Council's consideration and approval. The City Council may
amend the committee's work program.
SECTION 21.
COUNCIL COMMITTEES
21.1
Council committees are policy review and discussion arms of the
Council. Committees may study issues and develop recommendations
for consideration by the Council. Committees may not take binding
action on behalf of the City unless a quorum of the City Council is
present, the Council Committee has been advertised as a Special
Meetin~j of the Whole City Council and, by majority vote, the City
Council has directed that such action occur at the Council Committee.
Council Committee structure shall be as determined by the City Council
in January of each year. The 19949 committees are as follows:
33
FINANCEIAND~ECONOMIC DEVELOPMENT/REGIONAL AFFAIRS
COMMITTEE
LAND USE/TRANSPORTATION COMMITTEE
pU~,,LIC o A ~,-~-v AND HUMAN °"'""~'"° ,-,~.....TT~.-
PARKSI-AND-RECREATIONIHUMAN SERVICES & PUBLIC SAFETY
COMMITTEE
21.2
Committees shall establish regular meeting schedules as determined
by the Chair of the Committee C~ti ~ '
21.3
Each committee will have staff support assigned by the City Manager.
Staff will work with the committee chairs to set agendas, provide
support materials and prepare reports.
21.4
Summaries of each meeting will be prepared by staff and distributed to
the Mayor and Councilmembers~. tThese summaries will be in lieu of
verbal reports at Council meetings.
21.5
The City Manager or Mayor may send issues directly to committees for
their review in lieu of being referred to committee by the entire Council.
21.6
Committee appointments (chairs and members) shall be made by the
Mayor. The Mayor will take into account the interests and requests of
individual Councilmembers in making committee assignments.
21.7
Membership of each committee will consist of three (3)
Councilmembers.
21.8
The Mayor shall be "ex officio" members of each committee. The
Deputy Mayor may serve as "ex officio" or be appointed to a committee.
21.9
The Mayor will make committee assignments each January, with
members serving one (1) years terms.
SECTION 22. FILLING CITY COUNCIL VACANCIES
22.1 PURPOSE
The purpose of this section is :Fto provide guidance to the City Council
when a Federal Way Councilmember position becomes vacant before
the expiration of the official's elected term of office. Pursuant to state
law, a vacancy shall be filled only until the next regular municipal
election, to serve the remainder of the unexpired term.
22.2
REFERENCES
RCW 42.30.110(h) - Executive Session Allowed to Consider
Qualifications of a Candidate for Appointment to Elective Office
RCW 42.30.060 - Prohibition on Secret Ballots
RCW 42.12 - Vacant Position
RCW 35A.13.020 -Vacancies - Filling of Vacancies in Council/Manager
Form of Government
22.3
APPOINTMENT PROCESS
(1)
A Council position shall be officially declared vacant upon the
occurrence of any of the causes of vacancy set forth in RCW
42.12.010, including resignation, recall, forfeiture, written intent
to resign, or death of a Councilmember. The Councilmember
who is vacating his or her position cannot participate in the
appointment process.
(2)
The City Council shall direct staff to begin the Councilmember
appointment process and establish an interview and
appointment schedule, so that the position is filled at the earliest
opportunity.
(3)
The City Clerk's Office shall prepare and submit a display
advertisement to the City's official newspaper Federal-Way
News, with courtesy copies to all other local media outlets,
which announces the vacancy consistent with the requirements
necessary to hold public office: that the applicant (a) be a
registered voter of the City of Federal Way, and (b) have a one (1)
year residency in the City of Federal Way. This display
advertisement shall be published once each week for two (2)
35
22.4
(4)
(s)
(6)
(7)
consecutive weeks. This display advertisement shall contain
other information, including but not limited to, time to be served
in the vacant position, election information, salary information,
Councilmember powers and duties, the deadline date and time
for submitting applications, interview and appointment
schedules, and such other information that the City Council
deems appropriate.
The City Clerk's Office shall prepare an application form which
requests appropriate information for City Council consideration
of the applicants. Applications will be available at City of Federal
Way offices, King County libraries located in Federal Way, the
Federal Way Chamber of Commerce office, the Federal Way
School District administration office and such other locations
that the City Council deems appropriate. Copies of the display
advertisement will be provided to current members of City of
Federal Way commissions, committees, task forces and other
City-sponsored citizen groups.
Applications received by the deadline date and time will be
copied and circulated, by the City Clerk's Office, to the Mayor
and City Council. Packets may also contain additional
information received such as endorsements, letters of reference
and other pertinent materials.
The City Clerk's Office shall publish the required public notice(s)
for the meeting scheduled for interviewing applicants for
consideration to the vacant position. This meeting may be a
regularly scheduled City Council meeting, or a special session
City Council meeting.
The City Clerk's Office shall notify applicants of the location,
date and time of City Council interviews.
(8)
Prior to the date and time of the interview meeting, the Mayor
shall accept one interview question from each Councilmember.
INTERVIEW MEETING
Each interview of an applicant/candidate shall be no more than 30
minutes in length as follows:
(1)
The applicant shall present his or her credentials to the City
Council. (10 minutes)
36
(2)
The City Council shall ask the predetermined set of questions
which must be responded to by the applicant. Each applicant
will be asked and will answer the same set of questions, and will
have 2 minutes to answer each question. (14 minutes)
(3)
An informal question and answer period in which
Councilmembers may ask and receive answers to miscellaneous
questions. (10 minutes)
(4)
The applicants order of appearance will be determined by a
random lot drawing performed by the City Clerk.
(5)
The Council may reduce the 30 minute interview time if the
number of applicants exceed six (6) candidates, or alternatively,
the Council may elect not to interview all of the applicants if the
number exceeds six (6) candidates. The decision as to which
applicants to interview will be based on the information
contained in the application forms.
22.5
VOTING
Upon completion of the interviews, Councilmembers may convene into
Executive Session to discuss the qualifications of the applicants.
However, all interviews, nominations and votes taken by the Council
shall be in open public session.
(1) The Mayor shall ask for nominations from the Councilmembers.
(2)
After a nomination and second has been received, the City Clerk
shall proceed with a roll-call vote.
(3) Battotif~ Elections will continue until a nominee receives a
majority of four (4) votes.
(4)
At anytime during the batiofirtg electionprocess, the City Council
may postpone balloting elections until a date certain or regular
meeting if a majority vote has not been received.
(s)
Nothing in this policy shall prevent the City Council from
reconvening into Executive Session to further discuss the
applicant/candidate qualifications.
(6)
The Mayor shall declare the nominee receiving the majority vote
as the new Councilmember and shall be sworn into office by the
3?
(7)
City Clerk at the earliest opportunity or no later than the next
regularly scheduled City Council meeting.
If the City Council does not give a majority vote within 90 days
of the declared vacancy, the Revised Code of Washington
delegates appointment powers to King County.
SECTION 23.
MISCELLANEOUS
23.1
When Councilmembers register to attend an official conference
requiring voting delegates, such as the annual National League of
Cities or Association of Washington Cities, the Council shall designate
the voting delegate(s) and alternate voting delegate(s) during a public
meeting, by a majority vote; when possible, said selection of voting
delegate(s) shall be done on a rotating basis for the purpose of
allowing all Councilmembers the opportunity to be an official voting
delegate.
SECTION 24.
SUSPENSION AND AMENDMENT OF
RULES
24.1
24.2
Any provision of these rules not governed by state law or ordinance,
may be temporarily suspended by a two-thirds (213) majority vote of the
Council.
These rules may be amended, or new rules adopted, by a majority vote
of the Council.
CCRULEStMSH2J20194
CCRULES~CG\REVIEWED FOR COUNCIL RETREAT~II9&I0198)
K:\DOCUMENT~CCRULES3.RED -9123/99
FEDRAC CHANGES OF 1011199 IN ITALICS AND DOUBLE-UNDERLINED (10113199)
38
. lt.
APPENDIX "A "
MA YOR/DEPUTY MA YOR ELECTION PROCESS
Any Councilmember may nominate a candidate; no second is needed.
Nominations are closed by a motion, second and 2/3 vote of Council.
If only one (1) nomination is made, it is appropriate to make a motion and
obtain a second to instruct the City Clerk to cast a unanimous ballot for that
nomination. Approval is by majority vote of Councilmembers present.
If more than one (1) nomination is made, an open election is conducted by roll
call vote.
5._t,
To be elected, the nominee needs a majority vote of the Council.
Elections will continue until a Mayor and Deputy Mayor are elected by a
majority vote of the Council.
The City Clerk shall declare the nominee receiving the majority .vote as the
new Mayor. The new Mayor shall declare the nominee receiving the majority
vote as the new Deputy Mayor. The Clerk shaft swear the individuals into
office.
39
DRAFT 10113/99
ADOPTED
JANUARY 21, 1992
Amended
March 17, 1992
May 19, 1992
July 21, 1992
December 15, 1992
April 20, 1993
January 18, 1994
June 7, 1994
September 21, 1994
December 6, 1994
OFFICE OF THE CITY CLERK'S OFFICE
INDEX
SECTION NO.
1
2
3
4
5
6
7
8
9
10
12
13
14
15
16
TITLE
Authority
Council Meetings
Agenda Preparation
Council Discussion
Citizen Comment
Motions
Ordinances
Mayor and Deputy Mayor
Council Relations with City Staff
Council Meeting Staffing
Councilmember Attendance at Meetings
Public Hearings
Media Representation at Council Meetings
Council Representation
Confidentiality
Council Travel & Expenses
PAGE NO.
4
4
8
9
9
10
12
12
13
14
15
15
15
16
16
17
SECTION NO.
17
18
19
2O
21
22
23
24
TITLE
Public Records
City Manager Evaluation Process
Mayor/Deputy Mayor Selection Process
City Advisory Committees
Council Committees
Filling City Council Vacancies
Miscellaneous
Suspension and Amendment of Rules
PAGE NO.
25
25
26
26
30
31
34
35
SECTION 1.
AUTHORITY
1.1
The Federal Way City Council hereby establishes the following Rules
of Procedure ("Rules") for the conduct of Council meetings,
proceedings and business. These Rules shall be in effect upon
adoption by the Council and until such time as they are amended or
new Rules adopted in the manner provided by these Rules.
SECTION 2.
COUNCIL MEETINGS
2.1
TYPES OF MEETINGS:
(1)
Regular Meetings. Council's regular meetings will be held the
first and third Tuesdays of each month in Council Chambers,
City Hall.
Regular Council meetings will begin at the hour of 7:00 p.m., and
will adjourn no later than 10:00 p.m. To continue past this time
of adjournment, a majority of the Council must concur.
If any Tuesday on which a meeting is scheduled falls on a legal
holiday, the meeting shall be held at 7:00 p.m. on the first
business day following the holiday, or on another day
designated by a majority vote of the Council.
(2)
Special Meetings. A Special meeting is any Council meeting
other than a Regular Council meeting. Notice shall be given at
least 24 hours in advance specifying the time and place of the
meeting and the business to be transacted. A Special Council
meeting may be scheduled by the Mayor, City Manager or at the
request of a majority of the Councilmembers.
(3)
Study Sessions. Council's Study Sessions will be held, when
needed, as follows:
Study sessions may be called by the Mayor, City Manager or by
two (2) or more Councilmembers.
Study Sessions will be informal meetings for the purpose of
reviewing forthcoming programs, receiving progress reports on
4
2.2
current programs or projects, or receiving other similar
information. The Mayor and City Manager will determine on-
going dedicated schedules for regular Study Sessions.
No final decisions can be made at a Study Session. Decisions
on those issues will be scheduled for a Regular or Special
Council meeting.
(4)
Emergency Meetings. An Emergency meeting is a Special
Council meeting called without the 24-hour notice. An
Emergency meeting deals with an emergency involving injury or
damage to persons or property or the likelihood of such injury or
damage, when time requirements of a 24-hour notice would make
notice impractical and increase the likelihood of such injury or
damage. Emergency meetings may be called by the City
Manager or the Mayor with the consent of a majority of
Councilmembers. The minutes will indicate the reason for the
emergency.
(s)
Executive Session Meetings. An Executive Session is a
Council meeting that is closed except to the Council, City
Manager and authorized staff members and/or consultants
authorized by the City Manager. The public is restricted from
attendance. Executive sessions may be held during Regular or
Special Council meetings and will be announced by the Mayor or
the Chair of the Special Council Committee, respectively.
Executive session subjects are limited pursuant to Chapter 42
RCW, including considering real property acquisition and sale,
public bid contract performance, complaints against public
officers and employees, public employment applications and
public employee evaluation, elective office appointments and
attorney-client discussions.
Before convening an Executive session, the Mayor or Chair shall
announce the purpose of the meeting and the anticipated time
when the session will be concluded. Should the session require
more time, a public announcement shall be made that the
meeting is being extended.
ORDER OF REGULAR COUNCIL MEETING AGENDA:
(1) Call Meeting To Order
(2)
(3)
(4)
The Mayor calls the meeting to order. The Mayor will announce
the attendance of Councilmembers and indicate any
Councilmember who is not in attendance and whether or not the
Councilmember has an excused absence. The Mayor may, with
the concurrence of the Councilmembers, take agenda items out
of order. Agenda items may be added pursuant to Section 3.3 of
these Rules.
Pledge of Allegiance
Councilmembers and, at times, invited guests lead the flag
salute.
Proclamations and Presentations
A Proclamation is defined as an official announcement made by
either the City Council or the Mayor.
City Council Proclamations are defined as those non-
controversial events which have a major citywide impact. City
Council Proclamations shall be publicly read at a City Council
meeting and presented to a representative of the event during
the Council meeting.
Mayor's Proclamations are defined as those non-controversial
events which are requested by and for a special interest group
within the City. Mayor's Proclamations are signed by the Mayor
and forwarded to a representative of the event.
The Mayor and City Manager shall determine if the Proclamation
request is for a City Council Proclamation or a Mayor's
Proclamation.
Controversy is defined as a dispute, especially a lengthy and
public one, between sides holding opposing views.
City Manager Introduction of New City Employees and
Emerging Issues
Citizen Comment
Members of the audience may comment on items relating to any
matter. Citizen comment sign-ups will be available at each
6
(5)
(6)
(7)
(8)
(9)
regular council meeting for the use of those citizens wishing to
address the Council. Comments are limited to three (3) minutes
per person.
The Mayor may allow citizens to comment on individual agenda
items at times during any regularly scheduled City Council
meeting other than the regularly scheduled Citizen Comment
period. These agenda items include, but are not limited to,
ordinances, resolutions and Council Business issues. (See also
Section 5, "Citizen Comment" of these Rules.)
Consent Agenda
Consent Agenda items have either been fully considered by a
City Council Committee or are considered to be routine and non-
controversial and may be approved by one motion. Items on the
Consent Agenda include but are not limited to, minutes,
resolutions and ordinances discussed at a previous City Council
or Committee meetings, bid awards and previously authorized
agreements. Any Councilmember may remove any item from the
Consent Agenda for separate discussion and action.
Public Hearings See Section 12 of these Rules for discussion
of public hearing procedure.
Council Business
Council Business items are usually those items other than
resolutions and ordinances requiring Council action.
Introduction and First Reading of Ordinances
Discussion and debate by the City Council may be held at this
time. Councilmembers may request amendments to the
ordinance at this time or at any time prior to adoption, direct staff
to further review the ordinance, or approve placing the ordinance
on the Consent Agenda at an upcoming Regular Council meeting
for enactment as an enforceable City law.
Council Reports
The Councilmembers may report on significant activities since
the last meeting.
(10) City Manager Report
The City Manager and staff update the Councilmembers on
current issues or items of Council interest.
(tl) Adjournment
With no further business to come before the Council, the Mayor
adjourns the meeting.
2.3 MEETING MINUTES:
The City Clerk will keep an account of all proceedings of the Council in
accordance with the statutory requirements, and proceedings will be entered
into a minute book constituting the official record of the Council. City Council
meeting minutes will not be revised without a majority affirmative vote of the
Council at a regularly scheduled Council meeting.
SECTION 3.
AGENDA PREPARATION
3.1
The City Clerk will prepare an agenda for each Council meeting
specifying the time and place of the meeting, and setting forth a brief
general description of each item to be considered by the Council. The
agenda is subject to approval by the Mayor and the City Manager.
3.2
An item may be placed on a Council meeting agenda by any of the
following methods:
H)
(2)
(3)
(4)
(s)
(6)
A majority vote of the Council;
Council consensus;
By any two (2) Councilmembers;
By the City Manager;
By a Council Committee; or
By the Mayor.
A draft agenda will be provided to all City Councilmembers who shall
have approximately 48 hours to review prior to publication.
3.3
An item may be placed on a regular Council meeting agenda after the
agenda is closed and the notice published if the Councilmember or City
Manager explains the necessity and receives a majority vote of the
Council at a public meeting.
3.4
The City Clerk will endeavor to schedule sufficient time between public
hearings and other scheduled items, so the public is not kept unduly
waiting, and so the Council will have sufficient time to hear testimony
and to deliberate matters among themselves.
3.5
Legally required and advertised public hearings will have a higher
priority over other time-scheduled agenda items which have been
scheduled for convenience rather than for statutory or other legal
reasons.
3.6
Agendas will be finalized by Wednesday, noon- approximately one (1)
week prior to the Council meeting. Agenda materials will be available,
at City Hall, for the Council, City staff, media and public on the Friday
before the meeting.
3.7
All agenda items packet reports will be in the format provided by the
City Clerk's Office.
3,8
The Council may use the agenda item cover sheet "Recommendation
Statement" language for making a motion.
SECTION 4.
COUNCIL DISCUSSION
4.1
All Council discussion shall be governed by ROBERTS RULES OF
ORDER, NEWLY REVISED.
SECTION 5.
CITIZEN COMMENT
5.1
5.2
Persons addressing the Council, who are not specifically scheduled on
the agenda, will be requested to step up to the podium, give their name
for the record, and limit their remarks to three (3) minutes. All remarks
will be addressed to the Council as a whole. Any person making
personal, impertinent, or slanderous remarks, or who becomes
boisterous, threatening, or personally abusive while addressing the
Council, may be requested to leave the meeting.
The Mayor has the authority to preserve order at all meetings of the
Council, to cause the removal of any person from any meeting for
disorderly conduct and to enforce these Rules. The Mayor may
command assistance of any peace officer of the City to enforce all
lawful orders of the Mayor to restore order at any meeting.
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5.3
Citizens with complaints, concerns or questions, will be encouraged to
refer the matter to the City Manager, or ask that the matter be placed on
a future City Council meeting, or Council Committee agenda with the
appropriate background information. Any citizen who voices a concern
or complaint at a City Council meeting which involves a potential
violation of the City's Code of Ethics shall be advised by the Council,
or City Management staff, of the existence of the City's Board of Ethics,
and of the procedures for requesting Ethics Board opinions and/or
investigations from the Ethics Board.
SECTION 6.
MOTIONS
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
If a motion does not receive a second, it dies. Motions that do not need
a second include: Nominations, withdrawal of motion, agenda order,
request for a roll call vote, and point of order.
A motion that receives a tie vote is deemed to have failed.
When making motions, be clear and concise and not include arguments
for the motion within the motion.
After a motion and second, the Mayor will indicate the names of the
Councilmembers making the motion and second.
After a motion has been made and seconded, the Council may discuss
their opinions on the issue prior to the vote. No further citizen
comments may be heard when there is a motion and a second on the
floor, unless allowed by the Mayor.
When the Council concurs or agrees to an item that does not require a
formal motion, the Mayor will summarize the agreement at the
conclusion of the discussion.
A motion may be withdrawn by the maker of the motion, at any time,
without the consent of the Council.
A motion to table is undebatable and shall preclude all amendments or
debates of the issue under consideration. If the motion to table
prevails, the matter may be "taken from the table" only by adding it to
the agenda of a future Regular or Special meeting at which time
discussion will continue; and if an item is tabled, it cannot be
reconsidered at the same meeting.
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6.9
6.10
6.11
6.12
6.13
6.14
6.15
6.16
6.17
A motion to postpone to a certain time is debatable as to the reason for
the postponement but not to the subject matter of the motion; is
amendable; and may be reconsidered at the same meeting. The
question being postponed must be considered at a later time at the
same meeting, or to a time certain at a future Regular or Special City
Council meeting.
A motion to postpone indefinitely is debatable as to the reason for the
postponement but not to the subject matter of the motion; is not
amendable, and may be reconsidered at the same meeting only if it
received an affirmative vote.
A motion to call for the question shall close debate on the main motion
and is undebatable. This motion must receive a second and fails
without a two-thirds' (2~3) vote; debate is reopened if the motion fails.
A motion to amend is defined as amending a motion that is on the floor
and has been seconded, by inserting or adding, striking out, striking
out and inserting, or substituting.
Motions that cannot be amended include: Motion to adjourn, agenda
order, lay on the table, roll call vote, point of order, 'reconsideration and
take from the table. A motion to amend an amendment is not in order.
Amendments are voted on first, then the main motion as amended (if
the amendment received an affirmative vote).
At the conclusion of any vote, the Mayor will announce the results of
the vote.
When a question has been decided, any Councilmember who voted in
the majority may move for a reconsideration, but no motion for
reconsideration of a vote shall be made after the meeting has
adjourned.
The City Attorney shall decide all questions of interpretations of these
Rules and other questions of a parliamentary nature which may arise
at a Council meeting. (See also Section 4 of these Rules.)
Roll call votes will be taken during all televised Council meetings on
non-unanimous votes, or if requested by a Councilmember, or as
required by law. The purpose of roll call votes is to assist the City
Clerk in recording the vote and to communicate to the viewing public
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during televised City Council meetings the outcome of the vote. The
official meeting minutes will always reflect roll call votes on each action
item.
SECTION 7.
ORDINANCES
7.1
All ordinances shall be prepared or reviewed by the City Attorney. No
ordinance shall be prepared for presentation to the Council, unless
requested by a majority of the Council, or requested by the City
Manager or City Attorney.
7.2
Ordinances will be introduced and enacted by a Council Bill Number.
After enactment, the City Clerk shall assign a permanent ordinance
number.
7.3
The City Clerk or designee shall read the title of the ordinance prior to
voting unless the ordinance is on the Consent Agenda.
7.4
Upon enactment of the ordinance, the City Clerk shall obtain the
signature of the City Attorney. After the City Attorney's signature, the
City Clerk shall obtain the signature of the Mayor. After the Mayor's
signature, the City Clerk shall sign the ordinance.
7.5
Ordinances, or ordinance summaries, shall be published in the official
newspaper, as a legal publication, immediately following enactment.
7.6
Ordinances become effective thirty (30) days after the passage of the
ordinance unless otherwise specified.
SECTION 8.
MAYOR AND DEPUTY MAYOR
8.1
The Presiding Officer at all meetings of the Council shall be the Mayor,
and in the absence of the Mayor, the Deputy Mayor will act in that
capacity. If both the Mayor and Deputy Mayor are absent, the
Councilmembers present shall elect one of its members to serve as
Presiding Officer until the return of the Mayor or Deputy Mayor.
8.2
The Presiding Officer shall:
(1) Preserve order and decorum in the Council chambers;
(2) Observe and enforce these Rules;
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(3)
(4)
(6)
SECTION 9.
Decide all questions on order, in accordance with these Rules,
subject to appeal by any Councilmember;
Recognize Councilmembers in the order in which they request
the floor. The Presiding Officer, as a Councilmember, shall have
only those rights, and shall be governed in all matters and issues
by the same rules and restrictions as other Councilmembers;
and
From time to time, appoint Councilmembers to serve on City
Council and ad hoc committees.
COUNCIL RELATIONS WITH CITY
STAFF
9.1
9.2
9.3
9.4
9.5
9.6
9.7
There will be mutual respect from both City staff and Councilmembers
of their respective roles and responsibilities when, and if, expressing
criticism in a public meeting.
City staff will acknowledge the Council as policy makers, and the
Councilmembers will acknowledge City staff as administering the
Council's policies.
All written informational material requested by individual
Councilmembers shall be submitted by City staff, after approval of the
City Manager, to all Councilmembers with a notation indicating which
Councilmember requested the information.
Councilmembers shall not attempt to coerce or influence City staff in
the selection of personnel, the awarding of contracts, the selection of
consultants, the processing of development applications or the
granting of City licenses or permits.
The Council shall not attempt to change or interfere with the operating
rules and practices of any City department.
Mail that is addressed to the Mayor and Councilmembers shall be
copied and circulated to all City Councilmembers by the City Clerk, as
soon as practicable after it arrives.
The City Clerk shall not open mail addressed to individual
Councilmembers if it is marked personal and/or confidential.
13
9.8
No Councilmember shall direct the City Manager to initiate any action
or prepare any report that is significant in nature, or initiate any
significant project or study without the consent of a majority of the
Council. New initiatives having policy implementation shall be directed
to a Council Committee for consideration.
9.9
Individual requests for information can be made directly to the
Department Director unless otherwise determined by the City Manager.
If the request would require more than four (4) hours of staff time or
create a change in work assignments or City staffing levels, the request
must be made through the City Manager and approved by a Council
Committee. The Department Director shall determine the number of
hours to respond to the request and will advise the City
Councilmember.
9.10
To provide staff the necessary preparation time, Councilmembers will
provide staff advance notice of any questions or concerns they may
have regarding an agenda item prior to a public meeting, if possible.
SECTION 10.
COUNCIL MEETING STAFFING
10.1
The City Manager shall attend all regular meetings of the Council
unless excused. The City Manager may make recommendations to the
Council and shall have the right to take part in the discussions of the
Council, but shall have no vote. When the City Manager has an excused
absence, the designated Acting City Manager shall attend the meeting.
10.2
The City Attorney shall attend all meetings of the Council unless
excused, and shall, upon request, give an opinion, either written or oral,
on legal questions. The City Attorney shall act as the Council's
parliamentarian. The Deputy or Assistant City Attorney shall attend
meetings when the City Attorney has been excused.
10.3
The City Clerk, or designee, shall attend Regular meetings of the
Council, keep the official journal (minutes), and perform such other
duties as may be needed for the orderly conduct of the meeting.
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SECTION 11.COUNCILMEMBER ATTENDANCE AT
MEETINGS
11.1
Councilmembers will inform the Mayor, a Councilmember, the City
Manager or City Clerk if they are unable to attend any Council meeting,
or if they knowingly will be late to any meeting. The minutes will show
the Councilmember as having an excused absence.
SECTION 12.
PUBLIC HEARINGS
12.1
Types. There are two types of public hearings: legislative and quasi-
judicial. The Mayor will state the public hearing procedures before
each public hearing. Citizens may comment on public hearing items.
12.2
Legislative Public Hearings. The purpose of a legislative public hearing
is to obtain public input on legislative decisions on matters of policy,
including without limitation, review by the City Council of its
comprehensive land use plan or the biennial budget.
12.3
Quasi-judicial Public Hearings. The purpose of a quasi-judicial public
hearing is to decide issues including the right of specific parties and
include, without limitation, certain land use matters such as site
specific rezones, preliminary plats, and variances. The City Council's
decision on a quasi-judicial matter must be based upon and supported
by the "record" in the matter. The "record" consists of all testimony or
comment presented at the hearing and all documents and exhibits that
have been submitted. In quasi-judicial hearings, Councilmembers
shall comply with all applicable laws including without limitation the
appearance of fairness doctrine (Chapter 42.36 RCW).
SECTION 13.
MEDIA REPRESENTATION AT
COUNCIL MEETINGS
13.1
All public meetings of the City Council, Council Committees, and
Council advisory committees shall be open to the media, freely subject
to recording by radio, television and photographic services at any time,
provided that such arrangements do not interfere with the orderly
conduct of the meeting. Seating space shall be provided for the media
at each public meeting.
15
SECTION 14.COUNCIL REPRESENTATION
14.1
If a Councilmember appears on behalf of the City before another
governmentalagency, a community organization, or through the media,
for the purpose of commenting on an issue, the Councilmember needs
to state the majority position of the Council, if known, on such issue.
Personal opinions and comments which differ from the Council
majority may be expressed if the Councilmember clarifies that these
statements do not represent the Council's position.
Councilmembers need to have other Councilmember's concurrence
before representing another Councilmember's view or position with the
media, another governmental agency or community organization.
SECTION 15.
CONFIDENTIALITY
15.1
Councilmembers should keep confidential all written materials and
verbal information provided to them during Executive Sessions, to
ensure that the City's position is not compromised. Confidentiality also
includes information provided to Councilmembers outside of Executive
Sessions when the information is considered to be exempt from
disclosure under exemptions set forth in the Revised Code of
Washington (RCW).
15.2
If the Council, in Executive session, has provided direction or
consensus to City staff on proposed terms and conditions for any type
of issue, all contact with the other party should be done by the
designated City staff representative handling the issue.
Councilmembers should obtain the permission of the City Manager
prior to discussing the information with anyone other than other
Councilmembers, the City Attorney or City staff designated by the City
Manager. Any Councilmember having any contact or discussion needs
to make full disclosure to the City Manager and/or the City Council in
a timely manner.
16
SECTION 16. COUNCIL TRAVEL AND EXPENSES
16.1
16.2
16.3
PURPOSE AND ADMINISTRATION
The objectives of this policy are to provide elected officials who incur
authorized travel, subsistence, registration and related expenses while
on city business, reasonable and timely mechanisms for the
reimbursement and/or the advancement of such necessary
expenditures.
It is also recognized that City payment for business related food and
beverage for non-travel purposes will be incurred by the City Council
wherein reimbursement will be provided. This policy statement also
serves to provide guidelines by which to determine whether or not
expenditures by the City Council may be reimbursable to the
Councilmember, and by which to determine refreshments and related
costs served or made available at meetings involving volunteers and
other quasi-employees are legitimate City expenditures.
Claimants have the responsibility for becoming knowledgeable about
authorized expenditures and the documentation requirements. Care
must be taken to avoid unnecessary or excessive expenditures, and
those not directly and reasonably related to the conduct of City
business.
DOCUMENTATION
Except for per diem allowances, no claim for reimbursement shall be
paid unless it is accompanied by a bona fide vendor's receipt. Such
receipts should show the date, a description of the purchase, vendor
identification and amount paid.
CLAIMS
Claims for reimbursement shall contain the following:
(1)
The name of the person who consumed the goods or used the
service for which reimbursement is requested, whether it be for
meals, lodging, transportation or any other purpose.
(2)
A description of the event, occasion or circumstances related to
the claim and the public policy or public purpose served.
17
16.4
MEALS
Meal costs must be incurred directly by the claimant; direct billing to
the City by a restaurant is prohibited except by way of an authorized
City credit card.
Payment for table service ata restaurant, commonly referred to as a tip,
not to exceed fifteen percent (15%) of the restaurant price of the meal,
is reimbursable as a reasonable and necessary cost for such service.
16.5
PER DIEM SCHEDULE OF REIMBURSABLE MEAL COSTS
The reasonable cost of necessary meals while conducting City
business is authorized for reimbursement.
All City officials claiming reimbursement for meals consumed while on
City business shall be entitled to reimbursement not to exceed the
Renzheimer Meal/Lodging Index.
Notwithstanding the foregoing index, actual meal costs may be claimed
when they are part of a regularly scheduled business event such as
training seminar, professional meeting, or other business meeting.
If the costs of meals for persons other than the claimant are included,
those persons must be entitled to meal reimbursement in their own
right and they shall be listed by name and title in claim documentation.
16.6
EXPENDITURES NOT INCLUDABLE AS ACTUAL MEAL COSTS
Unauthorized expenditures include, but are not limited to:
(1) Liquor
(2)
Expenses of a spouse or other persons not authorized to receive
reimbursement under this policy.
t6.7
TRAVEL
Reimbursement for reasonable costs of business travel is authorized.
General guidelines are as follows.
18
16.8 CITY VEHICLE
16.9
16.10
16.11
Out-of-the-area costs of vehicle operation are authorized, such as gas,
oil, tires and necessary repairs.
PERSONAL VEHICLE
Expenses shall be reimbursed for travel within a 300 mile radius of the
City at such rate per mile as shall be established from time to time by
the City Manager in his/her discretion, but not to exceed the then
current maximum rate allowed by the United States Internal Revenue
Service for reimbursement of such expenses for purposes of business
travel expense deductions. Trips beyond this limit will be reimbursed
at the lower of a) the established rate per mile, or b) the lowest available
(other than non-refundable) airfare obtainable by the City's Purchasing
Manager plus mileage reimbursement at the then current City rate,
based upon the estimated distance between the airport and the
destination. Incidental travel costs such as parking, ferry or bridge tolls
are reimbursable as they would be if a City vehicle was provided,
RENTALVEHICLE
The cost of vehicle rental is considered an exception to this policy and
must be approved in writing per Section 4A (Meal Reimbursement for
Non-City Officials). Vehicle rental authorization must be separately set
out in any request for approval of such expenses. Approval of vehicle
rental as an item on a travel advance request will not be considered
sufficient authorization without a separate statement presenting the
reason such an expenditure is required.
AIR TRAVEL
Arrangement for air travel on City related business shall be arranged
by the Purchasing staff of the Finance Department or as otherwise
designated by the City Manager as outlined below:
(1)
Whenever feasible, the need for air travel arrangements should
be provided by way of the normal requisition process at least 5
weeks in advance of the departure date.
(2)
The authorized procurer will arrange for air travel based on the
lowest available (other than non-refundable) airfare for a
regularly scheduled flight which reasonably accommodates the
19
time of travel requested, and the destination as specified by the
requisitioning department.
(3)
The authorized procurer will purchase the tickets at the time the
rate is quoted and the Councilmember will be advised of the
arrangements for acquiring the tickets.
(4)
If personal travel is combined with business related travel, the
traveling Councilmember shall be responsible for paying the
increase in airfare necessary to accommodate the personal part
of the flight. The City shall only pay the lowest available (other
than non-refundable) airfare for the round trip between the
Seattle/Tacoma airport and the business related destination.
Such payment for a personal travel shall accompany the City's
payment to the vendor for the tickets.
(s)
If changes in travel plans occur that are the result of City
business requirements, (i.e. delays in departure, cancellations,
extended stays, or revised itinerary) any associated costs shall
be paid by the City. However, all increase in cost of travel due to
changes for personal convenience will be borne by the
Councilmember.
(6)
Officials who obtain airline tickets on their own will be
reimbursed based on the lower of: a) Actual out-of-pocket cost
paid for the airline tickets or alternate means of transportation
(substantiated by a receipt); or b) the lowest (other than non-
refundable) airfare available for their time of travel, unless an
exception is granted in writing by the City Council. In this case,
the official must pay the cost of the travel and seek
reimbursement along with all other travel expenses. Direct
billing of airfare to the City is allowed only if ordered by the
Purchasing Staff, as may be authorized by the City Manager.
16.12
FIRST CLASS AIR TRAVEL
First class air travel is not authorized.
16.13
OTHER TRAVEL EXPENSES
Miscellaneous travel costs such as bus, taxi, bridge or other tolls,
parking, ferry, porter, bellman and the like (not including any maid
service) are authorized by a listing of same as provided by the
20
reimbursement form. Payment of a reasonable amount for porter
service, bellman service and the like is considered to be a necessary
payment for such service and, therefore, reimbursable.
16.14
VENDOR'S RECEIPT
A vendor's receipt will be required only when the single item cost of
this type expense exceeds $10.00.
Local parking, ferry and bridge tolls may be reimbursed through the
Petty Cash system, subject to the Petty Cash Guidelines.
16.15
OUT-OF-STATE OR OVERNIGHT TRAVEL
To be eligible for any City reimbursement for out of state and/or
overnight travel expense, the one way travel distance must be greater
than 50 miles from City or home.
16.16
ACCOMMODATIONS
Reasonable hotel/motel accommodations for officials are acceptable
and will be reimbursed at a maximum of the single room rate. A
vendor's receipt for this category is required for all claims. Direct
billing of hotel/motel charges is not allowed unless by way of an
authorized City credit card.
16.17
INCIDENTAL EXPENSES
Includes all reasonable and necessary incidental expenses and
includes, but is not limited to, the following.
16.18
ALLOWABLE INCIDENTAL EXPENSES
Laundry expenses if away from home four (4) or more calendar days.
Baggage checking.
Business telephone and postage expenses. Personal telephone calls
home, if away from home for more than a 24 hour duration, are
considered a business telephone expense.
2l
16.19 NON-ALLOWABLE INCIDENTAL EXPENSES
Personal entertainment.
Theft, loss or damage to personal property.
Expenses of a spouse, family or other persons not authorized to
receive reimbursement under this policy
Barber or beauty parlor services.
Airline and other trip insurance.
Personal postage, reading material, telephone calls.
Personal toiletry articles.
16.20
NON-TRAVEL FOOD AND BEVERAGE REIMBURSEMENT POLICY
Reimbursable expenses are subject to the following:
(1)
Meals consumed by the City official during meetings and other
functions which conduct official City business or serve to benefit
the City of Federal Way are reimbursable to the official.
(2)
Generally, the City will not incur costs for refreshments, and
other related items, for meetings or functions held in the normal
course of business or that are attended solely by City officials.
However, such meetings or functions wherein a municipal
function, public purpose, or City program is served or furthered,
and wherein the City Council has expressly approved the
meeting as such, the City may incur such costs directly or as a
reimbursement to employees who have incurred such costs on
behalf of the City.
(3)
Refreshments purchased solely for personal entertainment are
not a legitimate City expense.
16.21
CEREMONIES AND CELEBRATIONS
(1) Reasonable expenses, including food and beverage, associated
with commemorating a dedication or an unveiling that is
22
16.22
16.23
16.24
recognized as serving a public purpose are legitimate City
expenditures.
(2)
Private celebrations rather than public celebrations are not
generally considered as serving a public purpose. Refreshment,
food and beverage related costs would therefore not be
recognized as legitimate City expense.
(3)
Support of a local "event" or celebration may not take the form
of a gratuitous contribution of public funds to a private person,
committee or organization. Expenditure of public funds on a
publicly sponsored event requires the existence of a
recognizable public purpose that relates to the City's existence,
properauthorizationfrom the legislative authority for such public
sponsorship, and a reasonable relationship between the amount
of the City's expenditure and the "public" nature of the event.
MEAL REIMBURSEMENT FOR NON-CITY OFFICIALS
Councilmember claims for the reimbursement of meal costs for non-
city employees and non-city officials shall be documented by a memo
authorized by the Mayor or, in the Mayor's absence, the Deputy Mayor.
The memo must identify:
(1) The names of the individual or individuals being hosted;
(2) Their official title or capacity as it related to City business;
(3)
The explanation of why this expenditure was an appropriate use
of City funds.
CLAIMS AND APPROVAL PROCEDURE
All claims shall be submitted for reimbursement using the form
provided by the City Finance Department. Travel and subsistence
expenses except for incidental and minor costs will not be paid from
any Petty Cash Fund, unless as in compliance with petty cash policy
adopted by the City.
Special approvals required by this policy shall be obtained by
Councilmembers, from the Mayor, or in his/her absence, by the Deputy
Mayor. Such approvals shall be by separate memo which identifies the
policy exception being authorized and explains the reasons therefor.
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16.25
Claims may include the reimbursable costs of other City officials who
would be entitled in their own right to claim business expenses.
16.26
Claims of Councilmembers must be approved by the Mayor or in
his/her absence the Deputy Mayor.
16.27
Exceptions to the expense rules for unusual circumstances may be
approved at a regular City Council meeting by a majority vote of the
Councilmembers present at the meeting.
16.28
In preparation of the City's annual operating budget, Councilmember
travel and training expenses shall be anticipated and included in
budget appropriations. Attendance at annual conferences of municipal
officials, such as the National League of Cities or Association of
Washington Cities, shall be addressed at the time of budget adoption
to reflect the number of Councilmembers who will attend to represent
the City.
Meetings, conventions or training programs that require expenditure of
funds to be reimbursed or paid on behalf of Councilmembers, and that
are not anticipated at the time of budget adoption, must be submitted
to the Council for approval. The request must be presented to the
Council in a timely manner prior to the event to permit an opportunity
for the Council to review and approve or deny the request based on its
merit, to allow all Councilmembers opportunity to discuss the
appropriate Council attendance. The request shall include: (a) Name
of organization sponsoring meeting, (b) Why attendance is requested;
benefits to the City, (c) Councilmember(s) to attend, (d) Location, (e)
Attendance dates, and (f) Estimated cost to the City.
16.29
A report, oral and/or written as appropriate, shall be made to the
Council at a meeting no later than two (2) weeks following said
conference, seminar or training, in order that the full Council may
benefit from the training experience received by the Councilmember
who attended. A record of such reports shall be maintained by the City
Clerk.
The Mayor shall make an annual State of the City report during a
regularly scheduled City Council meeting; a written report shall be
made available to the public at the time of the meeting.
24
The City Manager shall provide an Executive Summary following each
City Council retreat; a written report shall be made available to the
public the first working day following the retreat.
SECTION 17.
PUBLIC RECORDS
17.1
Public records created or received by the Mayor or any Councilmember
should be transferred to the City Clerk's office for retention by the City
in accordance with the Public Records Act, Chapter42.17 RCW. Public
records that are duplicates of those received by, or in the possession
of the City, are not required to be retained. Questions about whether
or not a document is a public record or if it is required to be retained
should be referred to the City Attorney.
17.2
(Reserved for Electronic Records/Electronic Mail)
SECTION 18.
CITY MANAGER EVALUATION
PROCESS
18.1
18.2
18.3
18.4
18.5
The Mayor, Councilmembers and City Manager will determine the
evaluation criteria and format for the process.
After the criteria have been developed, the Councilmembers need to
concur on when the completed evaluation forms are due and who will
collect these documents.
Councilmembers need to discuss and decide if the Mayor and one (1)
or more Councilmembers should meet prior to the actual evaluation;
this meeting would allow time to summarize the comments; also, this
sub-committee (of less than a quorum) could determine
recommendations for the City Manager's employment contract
amendments, including, but not limited to, salary, performance
payment, cost-of-living increase; the sub-committee can make a
recommendation to the entire Council at the time of the evaluation.
Copies of the City Manager's current employment contract shall be
made available to the entire Council.
At the evaluation session, the summary comments may be given, as
well as individual comments by Councilmembers; the City Manager
may wish to respond which is usually at the conclusion of the Council
25
comments; the City Manager's contract should be discussed and any
recommendations may be concurred to by the Council.
t8.6
The evaluation is held in Executive session. Attendance is limited to
the Mayor, Councilmembers, City Manager and City Attorney.
18.7
The final step of the City Manager evaluation process is to have the City
Attorney prepare amendments, if any, to the City Manager's
employment contract. This contract needs to be approved as a
Consent Agenda item at a Council meeting.
18.8
The Mayor shall prepare a press release no later than the next working
day following the Executive Session regarding the results of the
evaluation.
SECTION 19.
MAYOR/DEPUTY MAYOR SELECTION
PROCESS
19.1
The Mayor and the Deputy Mayor shall be nominated and elected from
the ranks of the sitting Councilmembers.
19.2
The Mayor and Deputy Mayor shall be elected for two (2) year terms at
the first Regular City Council meeting in January of the applicable year,
by a majority vote of the City Council in accordance with RCW
35A.12.065.
19.3
The City Clerk or designee shall conduct the election for Mayor. The
Mayor shall then conduct the election for the Deputy Mayor. (See
Appendix "A" to these Rules.)
SECTION 20.
CITY ADVISORY COMMITTEES
20.1
20.2
Federal Way's commissions, committees and task forces provide an
invaluable service to the City. Their advice on a wide variety of
subjects aids the Mayor and Councilmembers in the decision-making
process. Effective citizen participation is an invaluable tool for local
government.
These advisory bodies originate from different sources. Some are
established by ordinance while others are established by motion of the
26
City Council. It is at the discretion of the Council as to whether or not
any advisory body should be established by ordinance.
20.3
Federal Way advisory bodies bring together citizen viewpoints which
might not otherwise be heard. Persons of wide-ranging interests who
want to participate in public service but not compete for public office
can be involved in governmental commissions, committees and task
forces. These bodies also serve as a training ground or stepping stone
for qualified persons who are interested in seeking public office.
20.4
As Federal Way advisory bodies have been formed since incorporation,
the adoption of uniform rules of procedure is necessary to assure
maximum productivity. The following policies govern the City's
advisory groups; some of these advisory groups may have more
specific guidelines set forth by ordinance, resolution, the Federal Way
City Code, or at times by state law.
20.5
Every advisory body, when it is formed, will have a specific statement
of purpose and function, which will be re-examined periodically by the
City Council to determine its effectiveness. This statement of purpose
is made available to all citizen members when they are appointed.
20.6
The size of each advisory group is determined by the City Council and
the size is related to its duties and responsibilities. Another
determination to be made prior to formation, is the cost impact for City
staffing a proposed advisory body.
20.7
The Council may dissolve any advisory body that, in their opinion, has
completed its working function or for any other reason.
20.8
Members and alternate members of all advisory bodies are appointed
by majority vote of the Councilmembers during a regularly scheduled
meeting.
20.9
The Council Committee that the advisory committee reports to shall be
convened to review, interview and recommend Citizen Advisory
Committee appointments to the City Council at a regularly scheduled
meeting. Any Councilmember who shall attend the public interview
session shall be eligible to vote on the recommendation to be made to
the full Council. A quorum of three (3) Councilmembers shall be
required to forward any recommendation to the full Council.
27
20.10
The City Council may approve reappointment of citizens wishing
second terms subject to any limits established by ordinance or other
laws.
20.1t
Councilmembers will raise any concerns about any recommendation
prior to the City Council meeting that is scheduled for the approval of
the appointment.
20.12
Vacancies are advertised so that any interested citizen may submit an
application. Applicants must be citizens of the City of Federal Way if
required by the Federal Way City Code or if required by the City
Council. Councilmembers are encouraged to solicit applications from
qualified citizens. Applications shall be available from the Office of the
City Clerk.
20.13
Lengths of terms vary from one advisory body to another, but in all
cases overlapping terms are intended. On special work task forces,
where a specific project is the purpose, there need not be terms of
office.
20.14
Newly appointed members will receive a briefing by the commission,
committee or task force chairperson and/or City staff, regarding duties
and responsibilities of the members of the advisory body. This will
include a review of the City of Federal Way Ethics Code. Each newly-
appointed memberwill receive an information packetwhich will include
a Certificate of Appointment signed by the City Council, a commission,
committee or task force membership list, responsible City staff
member, statement of purpose for the advisory body which may
include an ordinance, resolution, bylaws, or annual work program and
a copy of the City of Federal Way Ethics Code.
20.15
All advisory bodies will be responsible for adopting their operating
policies consistent with the establishing resolution or ordinance.
20.16
All meetings of advisory bodies are open to the public in accordance
with the public meeting laws of the State of Washington which requires
a minimum 24-hour advance notice; no advisory committee will
schedule a meeting earlier than 7:00 a.m.
20.17
The number of meetings related to business needs of the advisory
group may be set by the individual body, unless set forth in a
resolution or ordinance. Notice of all meetings, including date, time,
place and principal subjects to be discussed will be published in
28
20.18
20.19
20.20
20.21
20.22
20.23
20.24
accordance with the public meetings laws of the State of Washington
and the policies of the City of Federal Way.
The advisory body chairperson will be responsible for coordinating the
meeting agendas with the appropriate City support staff.
Minutes will be kept of all meetings in accordance with the public
meeting laws of the State of Washington. The appropriate City support
staffwill be responsible for preparation of the minutes of each advisory
committee meeting.
Excessive absenteeism, excluding illness or required travel, is cause
for the removal of an advisory body member. Three (3) consecutive
absences will be considered resignation from the body unless prior to
the third absence, the member has requested, and been granted, an
excused absence. The advisory body granting the excused absence
will determine the validity of the request.
Members may resign at any time their personal circumstances change
to prevent effective service.
Members may be removed, from any advisory committee, prior to the
expiration of their term of office, by a majority vote of the City Council.
A quorum for conducting business is a simple majority of the
membership of the advisory body.
All members of advisory bodies should be aware of the need to avoid
any instance of conflict of interest. No individual should use an official
position to gain a personal advantage.
Lobbying efforts by any advisory bodies on legislative, or political,
matters should first be checked for consistency with existing City
policy by contacting the City Manager's office. In the event a position
is taken that differs from that of the City's policy, an advisory body
acting as an official body of the City of Federal Way, cannot represent
that position before another body, i.e., the State Legislature or the King
County Council. An individual member is free to voice a position, oral
or written, on any issue as long as it is made clear that he or she is not
speaking as a representative of the City of Federal Way, or as a
member of his or her commission, committee or task force.
29
20.25
Members of advisory bodies are encouraged to attend City Council
meetings to keep abreast of Council actions.
20.26
The City Council transmits referrals for information or action through
the City Manager to the advisory groups. These advisory groups
transmit findings, reports, etc., to the City Council through the City
Manager.
20.27
While the City staff's role is one of assisting the commission,
committee or task force, the City staff members are not employees of
that body. The City staff members are directly responsible to his or her
Department Director and the City Manager.
20.28
Annually, each advisory committee shall develop a work program for
the City Council's consideration and approval. The City Council may
amend the committee's work program.
SECTION 21.
COUNCIL COMMITTEES
21.1
Council committees are policy review and discussion arms of the
Council. Committees may study issues and develop recommendations
for consideration by the Council. Committees may not take binding
action on behalf of the City unless a quorum of the City Council is
present, the Council Committee has been advertised as a Special
Meeting of the Whole City Council and, by majority vote, the City
Council has directed that such action occur at the Council Committee.
Council Committee structure shall be as determined by the City Council
in January of each year. The 1999 committees are as follows:
FINANCE/ECONOMIC
COMMITTEE
DEVELOPMENT/REGIONAL
AFFAIRS
LAND USE/TRANSPORTATION COMMITTEE
PARKS/RECREATION/HUMAN
COMMITTEE
SERVICES & PUBLIC SAFETY
21.2
Committees shall establish regular meeting schedules as determined
by the Chair of the Committee.
30
21.3
Each committee will have staff support assigned by the City Manager.
Staff will work with the committee chairs to set agendas, provide
support materials and prepare reports.
21.4
Summaries of each meeting will be prepared by staff and distributed to
the Mayor and Councilmembers. These summaries will be in lieu of
verbal reports at Council meetings.
21.5
The City Manager or Mayor may send issues directly to committees for
their review in lieu of being referred to committee by the entire Council.
21.6
Committee appointments (chairs and members) shall be made by the
Mayor. The Mayor will take into account the interests and requests of
individual Councilmembers in making committee assignments.
21.7
Membership of each committee will consist of three (3)
Councilmembers.
21.8
The Mayor shall be "ex officio" members of each committee. The
Deputy Mayor may serve as "ex officio" or be appointed to a committee.
21.9
The Mayor will make committee assignments each January, with
members serving one (1) years terms.
SECTION 22.
FILLING CITY COUNCIL VACANCIES
22.1 PURPOSE
The purpose of this section is to provide guidance to the City Council
when a Federal Way Councilmember position becomes vacant before
the expiration of the official's elected term of office. Pursuant to state
law, a vacancy shall be filled only until the next regular municipal
election, to serve the remainder of the unexpired term.
22.2
REFERENCES
RCW 42.30.110(h) Executive Session Allowed to Consider
Qualifications of a Candidate for Appointment to Elective Office
RCW 42.30.060 - Prohibition on Secret Ballots
RCW 42.12 - Vacant Position
31
RCW 35A.13.020 -Vacancies -Filling of Vacancies in Council/Manager
Form of Government
22.3
APPOINTMENT PROCESS
(1)
A Council position shall be officially declared vacant upon the
occurrence of any of the causes of vacancy set forth in RCW
42.12.010, including resignation, recall, forfeiture, written intent
to resign, or death of a Councilmember. The Councilmember
who is vacating his or her position cannot participate in the
appointment process.
(2)
The City Council shall direct staff to begin the Councilmember
appointment process and establish an interview and
appointment schedule, so that the position is filled at the earliest
opportunity.
(3)
The City Clerk's Office shall prepare and submit a display
advertisement to the City's official newspaper, with courtesy
copies to all other local media outlets, which announces the
vacancy consistent with the requirements necessary to hold
public office: that the applicant (a) be a registered voter of the
City of Federal Way, and (b) have a one (1) year residency in the
City of Federal Way. This display advertisement shall be
published once each week for two (2) consecutive weeks. This
display advertisement shall contain other information, including
but not limited to, time to be served in the vacant position,
election information, salary information, Councilmemberpowers
and duties, the deadline date and time for submitting
applications, interview and appointment schedules, and such
other information that the City Council deems appropriate.
(4)
The City Clerk's Office shall prepare an application form which
requests appropriate information for City Council consideration
of the applicants. Applications will be available at City of Federal
Way offices, King County libraries located in Federal Way, the
Federal Way Chamber of Commerce office, the Federal Way
School District administration office and such other locations
that the City Council deems appropriate. Copies of the display
advertisement will be provided to current members of City of
Federal Way commissions, committees, task forces and other
City-sponsored citizen groups.
32
22.4
(5)
Applications received by the deadline date and time will be
copied and circulated, by the City Clerk's Office, to the Mayor
and City Council. Packets may also contain additional
information received such as endorsements, letters of reference
and other pertinent materials.
(6)
The City Clerk's Office shall publish the required public notice(s)
for the meeting scheduled for interviewing applicants for
consideration to the vacant position. This meeting may be a
regularly scheduled City Council meeting, or a special City
Council meeting.
(7)
The City Clerk's Office shall notify applicants of the location,
date and time of City Council interviews.
(8)
Prior to the date and time of the interview meeting, the Mayor
shall accept one interview question from each Councilmember.
INTERVIEW MEETING
Each interview of an applicant/candidate shall be no more than 30
minutes in length as follows:
The applicant shall present his or her credentials to the City
Council. (10 minutes)
(2)
The City Council shall ask the predetermined set of questions
which must be responded to by the applicant. Each applicant
will be asked and will answer the same set of questions, and will
have 2 minutes to answer each question. (14 minutes)
(3)
An informal question and answer period in which
Councilmembers may ask and receive answers to miscellaneous
questions. (10 minutes)
(4)
The applicants order of appearance will be determined by a
random .lot drawing performed by the City Clerk.
(s)
The Council may reduce the 30 minute interview time if the
number of applicants exceed six (6) candidates, or alternatively,
the Council may elect not to interview all of the applicants if the
number exceeds six (6) candidates. The decision as to which
33
22.5
applicants to interview will be based on the information
contained in the application forms.
VOTING
Upon completion of the interviews, Councilmembers may convene into
Executive Session to discuss the qualifications of the applicants.
However, all interviews, nominations and votes taken by the Council
shall be in open public session.
(1) The Mayor shall ask for nominations from the Councilmembers.
(2)
After a nomination and second has been received, the City Clerk
shall proceed with a roll-call vote.
(3)
Elections will continue until a nominee receives a majority of
four (4) votes.
(4)
At anytime during the election process, the City Council may
postpone elections until a date certain or regular meeting if a
majority vote has not been received.
(5)
Nothing in this policy shall prevent the City Council from
reconvening into Executive Session to further discuss the
applicant/candidate qualifications.
(6)
The Mayor shall declare the nominee receiving the majority vote
as the new Councilmember and shall be sworn into office by the
City Clerk at the earliest opportunity or no later than the next
regularly scheduled City Council meeting.
(7)
If the City Council does not give a majority vote within 90 days
of the declared vacancy, the Revised Code of Washington
delegates appointment powers to King County.
SECTION 23.
MISCELLANEOUS
23.1
When Councilmembers register to attend an official conference
requiring voting delegates, such as the annual National League of
Cities or Association of Washington Cities, the Council shall designate
the voting delegate(s) and alternate voting delegate(s) during a public
meeting, by a majority vote; when possible, said selection of voting
34
delegate(s) shall be done on a rotating basis for the purpose of
allowing all Councilmembers the opportunity to be an official voting
delegate.
SECTION 24.
SUSPENSION AND AMENDMENT OF
RULES
24.1
24.2
Any provision of these rules not governed by state law or ordinance,
may be temporarily suspended by a two-thirds (2~3) majority vote of the
Council.
These rules may be amended, or new rules adopted, by a majority vote
of the Council.
K:~DOCUMENT~CCRULES.3
10113/99
35
(,i)
(2)
(3)
(4)
(6)
(7)
APPENDIX "A"
MAYOR/DEPUTY MAYOR ELECTION PROCESS
Any Councilmember may nominate a candidate; no second is needed.
Nominations are closed by a motion, second and 2/3 vote of Council.
If only one (1) nomination is made, it is appropriate to make a motion and
obtain a second to instruct the City Clerk to cast a unanimous ballot for that
nomination. Approval is by majority vote of Councilmembers present.
If more than one (1) nomination is made, an open election is conducted by roll
call vote.
To be elected, the nominee needs a majority vote of the Council.
Elections will continue until a Mayor and Deputy Mayor are elected by a
majority vote of the Council.
The City Clerk shall declare the nominee receiving the majority vote as the
new Mayor. The new Mayor shall declare the nominee receiving the majority
vote as the new Deputy Mayor. The Clerk shall swear the individuals into
office.
36
CITY OF FEDERAL WAY
City Council ..
AGENDA ITEM
CATEGORY:
BUDGET IMPACT:
_ CONSENT _ RESOLUTION
X ORDINANCE STAFF REPORT
BUSINESS PROCLAMATION
HEARING STUDY SESSION
FYI OTHER
Amount Budgeted:
Expenditure ~Amt:
Contingency Reqd:
ATTACHMENTS: The ordinance has been revised, incorporating suggested changes from citizens and staff, and
is attached with a memo that reviews the changes in detail. The supporting record are included in a separate
notebook. In your notebooks, please find the Planning Commission Findings, all memoranda to Planning Commission
and LUTC, the wetland inventory summary and all correspondence submitted to Planning Con~nission and LUTC.
Recent submittals and a paper on best available science have been provided to you separately. The proposed ordinance
is underscored and has strikeouts to represent the Planning Commission version with changes the wetland consultant
made to address comments from the Department of Ecology and Community Trade and Economic Development.
The proposed ordinance also contains double underscoring and italic strikeouts representing changes made by the City
Attorney's office as directed by the LUTC. The shaded areas and shaded strikeouts represent the most recent
changes. The original Planning Commission draft ordinance, showing changes from the original code language, is
.... ...................................................................................................................................
SUMMARY/BACKGROUND: The Planning Commission conducted a public hearings on September 3, October
1, November 19 and December 5, 1997. The LUTC discussed the proposal at its March 2, March 16 and April 6,
1998 meetings and delayed their recommendation until a wetland inventory could be completed. The results of the
inventory were presented to the LUTC on May 17, 1999. The deliberations for the ordinance concluded at LUTC
on October 4, 1999 and the LUTC Committee recommends approval with some changes to the full Council. The first
reading of this ordinance occurred on October 19, 1999. Following that meeting additional comments were submitted
by concerned citizens. The suggestions that staff could support have been incorporated into the latest draft and others
have been added to the "future work items list" (see attached memo).
CITY COUNCIL COMMITTEE RECOMMENI)ATION: To approve ordinance.
CITY MANAGER RECOMMENDATION: To adopt proposed amended
APPROVED FOR INCLUSION IN COUNCIL PACKET:
ordinance.
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERREDfNO ACTION
COUNCIL BILL #
ORDINANCE #
zs'/
DATE:
TO:
FROM:
SUBJECT:
CITY OF FEDERAL WAY
CITY ATTORNEY'S OFFICE
Memorandum
November 10, 1999
City Councilmembers
Kathy McClung, Deputy CDS Director
Bob C. Sterbank, Deputy City Attorney~J?'~
Sensitive Areas Ordinance
In response to concems raised at the last Council meeting, the City Manager, city staff, and
the City's wetlands biologist met with concemed citizens (and two of their own wetland biologists)
on November 3, 1999. Several citizens prepared written comments to the City's then-existing draft
sensitive areas ordinance. The citizens' comments are provided separately, for inclusion in your
Sensitive Areas Notebook. In total, the citizens' comments suggest some thirty-odd changes to the
draft ordinance.
After lengthy discussion, including a follow-up staff only meeting, we have incorporated a
number of the technical and clarifying suggestions into the draft ordinance. These changes improve
the ordinance and will make its implementation more workable. A number of other changes
requested had broader policy implications, or raised philosophical differences with the direction of
the proposed ordinance. These suggestions are more appropriate for addition to the Council' s"future
work items" list. If the Council determines, after review of the "future work items" list, that
additional Council action on those items is appropriate, the Committee can direct staff to prepare a
proposed ordinance for Planning Commission and City Council review. The remainder of the
suggested changes staff did not agree were appropriate.
This memo will outline the changes that staff concluded were appropriate, and which are
included in the revised draft ordinance that is now part of the Council packet. The memo also
includes the items which the Council may wish to include on the future work program for staff and
Planning Commission.
Also, coming to you separately for your notebook, is a list of articles from science journals
and agency publications which discuss wetland setbacks. Please bring your Sensitive Area
Notebook to the November '16th Council meeting.
Page 1 of 4
A. Changes to ordinance (including group proposing each change):
Page 3- Added language under Findings that Growth Management Act ("GMA") contains
13 unprioritized Planning Goals (citizens), and that GMA requires cities to adopt
development regulations that protect critical areas (staff).
2. Page 4-5 - Added additional references to scientific information provided to Council.
o
a. Page 9- (top of page) Clarified that vegetated wetlands located around lakes are regulated
wetlands. (citizens)
b. Page 9 (bottom of page) added language to include subsequent amendments to the DOE
manual. (citizens)
a. Page 10 - (middle of page) deleted canals (since we do not have any) and substituted
standard "stormwater facilities" instead of"surface water facilities". (staff)
b. Page 10 (bottom of page) and Page 11 (top) added "salmonid, etc.", deleted "migratory"
(citizens)
Page 11 & 13- changed "top of bank" to "Ordinary high water mark" beCause it is standard
language that is more easily identified. (citizens)
Page 13 (bottom) - corrected outdated process reference for stream relocations (staff).
Reminder: Processes I-III are administrative;process IV requires a public hearing and review
and a decision by the Heating Examiner.
Page 15- (bottom) added clarifying language requiring erosion control plans as part of stream
rehabilitation (citizens)
o
a. Page 16- (essential public facilities) -added clarifying language to address some of citizen
concerns. The intent is to include needed public sidewalks, streets and utilities, particularly
improvements to existing streets, but not utilities and streets proposed as part of a new,
private development. The latter are covered under other sections of the code. (Citizens and
staff)
b. Page 16- clarified language in subsection (b)(2) regarding wildlife habitat. This change
is made consistently in the rest of the code. (Staff)
Page 17 --Subsection (b)(5) deleted subjective language conceming"scenic vista" (citizens).
This change is made throughout the rest of the code. Deleted reference to loss of"significant
open space" because minor improvements would not be likely to affect open space.
Page 2 of 4
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
Page 19 -- corrected outdated process reference for land surface modification within
regulated lake setbacks (staff).
Page 22 - corrected outdated process reference for review of bulkhead applications (staff)
Page 24, subsection (b)(7) - deleted subjective reference to "aesthetic contrast". (citizens)
Page 27-30 -Section 1357.5 moved to Section 1359 to incorporate existing code language.
(Staff)
Page 31 - corrected outdated process references for location of improvements within a
regulated wetland.
Page 32 - deleted reference to "scenic vista," and adjective "significant," with reference to
"open space." (citizens).
Page 33, subsection (1)(g) - provided alternative to timing requirements for mitigation
work. (citizens)
Pages 33-34, subsection (3) -- deleted mitigation ratios and replaced with table on page 27
and incorporated ratios based on proposed wetland categories (citizens).
Page 35, subsection (4) -- see No. 16 above (citizens).
Pages 36-37, subsections (b)(2) and (4) - See Nos. 9 and 15 (citizens).
Page 36- (last paragraph) see No. 7 above (citizens and staff).
Page 38, subsection (e) Provides ability to reduce buffer with enhancement under certain
conditions (citizens).
Page 39, subsection (3) - deleted repetitious language (staff).
Pages 39-40, subsections (2) and (5) - See Nos. 8 and 14 above (citizens).
Page 40, middle of page - making requirement for buffer enhancement, and limiting size of
buffer modification, consistent with subsection (e) (staff).
B. Future work items
As the staff has discussed at the LUTC meetings, through the wetland inventory, we
discovered that we need to do a more detailed look at streams. Department of Ecology and
Page 3 of 4
o
Fish and Game recommend a tiered categorization system.
The letter from the Department of Trade and Economic Development pointed out that the
sensitive area chapter needs to have a section for wellhead protection, the stream section and
geologically hazardous areas need revisions.
Items that the citizen group suggested, and which the staff supports revisiting are:
a. a four tiered wetland system
b. incorporating more definitions, where needed.
c. incorporate drawings for clarification
d. a review of wetland regulation exemptions from City of Kirkland and King County codes.
In addition, the staff will look at implementing checklist system that is used in other cities for the
use of staff and consultants to verify wetland classifications. This can be done administratively.
Page 4 of 4
ORDINANCE NO.
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERALWAY, WASHINGTON, AMENDING SECTION 22-1
AND AMENDING AND ADDING NEW SECTIONS TO
ARTICLE XlV OF CHAPTER 22 OF THE FEDERAL WAY
ZONING CODE, REGARDING ENVIRONMENTALLY
SENSITIVE AREAS.
WHEREAS, amendments to the Federal Way City Code (FWCC) text are
authorized by FWCC Section 22-216, pursuant to Process VI review; and
WHEREAS, the Federal Way City Council has considered proposed
changes to the FWCC regarding environmentally sensitive areas regulations ("Proposal");
and
WHEREAS, the Federal Way City Council, pursuantto FWCC 22-517, having
determined the Proposal to be worthy of legislative consideration, referred the Proposal
to the Federal Way Planning Commission as a priority item for its review and
recommendation; and
WHEREAS, pursuant to FWCC Section 22-523, the Federal Way Planning
Commission considered the Proposal at public hearings during 1997 on September 3,
October 1, November 19, and December 5, following public notices having been duly given
pursuant to FWCC Section 22-528; and
WHEREAS, the public was given opportunities to comment on the Proposal
during the Planning Commission review; and
ORD # , PAGE 1
WHEREAS, the City of Federal Way SEPA Responsible Official issued a
Declaration of Nonsignificance on May 18, 1997; and
WHEREAS, following the public hearings, the Planning Commission
submitted to the Land Use and Transportation Committee of the City Council its
recommendation in favor of proposed zoning text amendments adding sections to the
FWCC as noted previously; and
WHEREAS, the Federal Way Land Use and Transportation City Council
Committee met on March 2, March 16, and April 6, 1998 to consider the recommendation
of the Planning Commission, and then voted to delay making a recommendation to the full
City Council until a wetland inventory could be completed; and
WHEREAS, the Federal Way Land Use and Transportation City Council
Committee reviewed the results of the inventory, along with copies of scientific studies
regarding preservation of sensitive areas, on May 17, 1999; and
WHEREAS, on October 4, 1999 the Federal Way Land Use and
Transportation City Council Committee reviewed and heard additional written and oral
comments from the public, reviewed written comments from state agencies, reviewed
additional changes to the FWCC, and moved to forward the Proposal, with amendments,
to the full City Council; and
WHEREAS, there was sufficient opportunity for the public to comment on the
Proposal;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
ORD # , PAGE 2
WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. 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. The Growth Management Act, RCW 36.70A,020, contains 13 unpriOdtized
planning goals, whose purpose is to guide the development of comprehensive plans and
development regulations; and
2. RCW 36.70A,020 :includes, among others, :goals encouraging ~ economic
development, protection of private Property, retention of open space;~ conservation of fish
and wildlife habitat, and protection and enhancement of the environment (including air and
water quality); and
:::. 3. Notwithstanding these general goals, the Growth Management Act, RCW
36,70A~060, specifically requires cities ,to adopt development regulations that protect
critical areas," including wetlands; and
4. The Federal Way City Council adopted the Federal Way Comprehensive Plan
in order to comply with the state's Growth Management Act; and
5. The Federal Way Comprehensive Plan contains policies that call for the
amendment of certain environmentally sensitive areas regulations, in particular wetlands;
and
6. The Federal Way SEPA Responsible Official has issued a Declaration of
Nonsignificance on May 5, 1997; and
ORD # , PAGE 3
7. The proposed code amendments will not adversely affect the public health,
safety or welfare; and
8. The Planning Commission, following notice thereof as required by RCW
35^.63.070, held public hearings orrthe proposed code amendments, and considered the
testimony, written comments, and material received from the public prior to making its
recommendation to the City Council.
9. The City conducted a wetland inventory that concluded in the winter of 1999.
Wetlands over 2500 square feet were mapped and classified using the proposed three-
tiered system. -~.
10. The Land Use and Transportation Committee, and the City Council, reviewed
the following scientific studies as part of their consideration of this ordinance:
a. American Planning Association. Habitat Protection Planninq: Where the
Wild Things Are. 1997.
b. Washington Department of Ecology. Wetland Buffers: An Annotated
Bibliography. 1992.
c. Washington Department of Ecology. Wetland Buffers: Use and
Effectiveness. 1992
d. Washingtor~ Department of Fish and Wildlife. Management
Recommendations for Washinqton's priority Habitats: Riparian 1992.
11. The City Council also considered the following scientific studies and
information as part of their consideration of this ordinance:
ORD ¢/: , PAGE 4
a. Arthur W. Adams, Habitat Suitability Index ModelS~Beaver~l:983;
b. Bart L. Prose, Habitat Suitability Index Models:. Belted Kin.qfiSher, !985.
c. Scott C. Findlay and Jefft-Joulahan, Anthropogenic~orrelateS~of~SpeCies
Richness in Southeastem Ontario Wetlands~ 1996.
d. Email correspondence from Department of ECOlOgy ;wetlands biologist
Andy McMillan to Deputy CDS Director Kathy McClung~ dated November 1,
1999.
12. The proposed ordinance was forwarded to the state:Department of
Community Trade and Economic Development, and the Depa~nt of EcOlogy~who
provided written comments on the proposed ordinance.
13. The City Council considered written and oral comments from the public, and
the written comments from the state agencies, prior to adopting this ordinance.
Section 2. Conclusions. Pursuant to FWCC Section 22-216 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 code amendments adopted below are consistent with the following
Comprehensive .Plan goals and policies contained in the Natural Environment chapter:
NEP3 To the maximum extent possible, the City's future actions will be
consistent with the goals and policies of this chapter of the
Comprehensive Plan.
NEP25 The City should adopt stream definitions that are reflective of
ORD #
, PAGE 5
NEP36
NEP37
NEP42
NEP43
stream function and habitat. The definitions should make a
distinction between manmade conveyance systems and natural
streams.
The City should consider implementing a tiered wetland
classification system based on wetland functions and values, the
wetland classification system would set forth the appropriate
wetland buffer widths. Furthermore, any new wetland classification
system should also contain provision for allowing buffer width
averaging. As a reference point, the City should consider the
classification system and protection measures contained in the
Department of Ecology's Model Wetlands Ordinance.
Required wetland buffers shall be comprised of native vegetation
typically associated with the type of wetland in question. Intrusion
into the wetland buffer may be restricted, except for the location of
essential public facilities and utilities where no other feasible
alternative exists.
The City will protect wetlands by maximizing infiltration
opportunities and promoting the conservation of forest cover and
native vegetation.
Wetlands created as a result of a surface or storm water detention
facility should not be considered wetlands for regulatory purposes.
Special regulations concerning these facilities should be
developed.
2. The Wetland Inventory conducted by the City, the scientific studies and
information reviewed by the Land Use and Transportation Committee and the City Council
and listed above, and the comments of the Departments of Ecology, Fish and Wildlife, and
Trade and Economic Development provide the best available science concerning wetlands
regulation and wetland buffers.
3. The Proposal bears a substantial relationship to the public health, safety and
ORD # PAGE 6
welfare because it implements policies aimed at protecting the City's natural environment
and promotes site sensitive development.
Section 3. Amendment. The Federal Way Zoning Code, Chapter 22, is amended
as follows:
Sec. 22.1. Definitions
Regulated wetlands shall mean those wetlands, as described below, which fall into one
or more of the following categories: e, ~ o,.,.~,., ,,. ,,,~ ~,,,.,.,,.,,.,,,., ,.,, ,,,,... codo areas -greater
'~'~- ~' =~'~'square '~': ..... '~' -'^: .... ,3~'~,3 ............... ' ' """ -' or grour, dwater
· ,..~U~-~/I L, C3 ~..~1 ~.~V4;31~..I I~.~' '*.JI V~;~:~..LC~%I~,~I I L~y~.~lVC~lldy C3~.~C;I~,~L~.d L~ I~./I IllS~.~ II I q~C;ILI,.JI C31.~,~M ~./11 ~.~.;I I~.JILI~,~I I~.~.
¥ V~;..LIC311~.~-.~' ~;~;~11~;1 c;311~y lll~,ll,.l~; ~,~¥vc;llll~/~.~l i i ic;;ll~,~l i~;~,.~I I~J~.~1 c;31 i~l q~llllllC31 c31Gc3~. VVltll ILl I~; ~A~.~;;~LI~.~I I
(1) teg .~r "-~- '~ ':~'"' ....... '-~': .......-~ meet
Ca ory I wet/ands are ~ator ,,,=,, ,.,~,,~,., o,~,~=,~ ,~, ,,, o,~ =,,,.,
one of the following criteria:
a. contain the presence of species or documented habitat recognized by
state or federal agencies as endangered, threatened or potentially extirpated
plant, fish or animal species; or
b. contain the presence of plant associations of infrequent occurrence,
irreplaceable ecological functions, or exceptional local significance including
but not lirnit~d to estuarine systems, peat bogs and fens, mature forested
ORD # , PAGE 7
wetlands, groundwater exchange areas, significant habitat or unique
educational sites; or
c. have three or more wetland classes, one of which is open water.
(2) Category II wetlands are greater than 2,500 square feet in area, do not
exhibit the characteristics of Category 1 wetlands, and meet one of the following
criteria:
a. are contiguous with water bodies or tributaries to water bodies which
under normal circumstances contain or support a fish population, including
streams where flow is intermittent; or --
b. are greater than one acre is size in its entirety; or
c. are less than or equal to one acre in size in its entirety and have two
or more wetland classes, with neither class dominated by non-native invasive
species
(3) Category III wetland are greater than 2,500 square feet in area and do not
exhibit those characteristics of Category 1 or 2 wetlands.
The following areas, as shown in the King County Wetlands Inventory Notebook,
Volume 3 South, shall be regulated by the City's Shoreline Master Program, but shall not
be considered regulated wetlands by ,,,~ prov;s;or;,s of,,'":~,,.~ ,.,.,~,,.~'~, unless vegetated
wetlands are present:
(1) Lower Puget Sound Beach;
(2) Lower Puget Sound 1 and 51; and
ORD :/¢ ., PAGE 8
(3) Areas defined as a regulated lake, by the City's Shoreline Master Program.
Vegetated areas meeting;the definition of "wetland" herein, and
which are located around the margins of regulated lakes, rrray--be ~are
regulated wetlands for the pu~ose of this definition, o~,~,~,,,~'
J~jttl~ed Wedands shall mean those areas §reatcr than,_,o,,,, '~ ~'~' square '^~',~, ,,,:- ~,,~' that
are inundated or saturated by surface or groundwater at a frequency and duration sufficient
to support, and that under normal circumstances do support, a prevalence of vegetation
typically adapted to for life in saturated soil conditions. Wetlands generally include
~,~,~,,~,,,.~ ,~,,~,o The March 1997 Washington State Wetlands Identification and
Delineation Manual {Department of Ecology Cublication #9~-94) as set forth
WAC; 173-22-080., as it exists as of November 1, 1999 or as subsequently amended, will
ORD # , PAGE 9
be used for reg,dtat~ identification and delineations of wetlands within the City.
Stream shall mean a course or route, formed by nature, including those which have been
modified by humans, 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. ^ stream need not contain water year
round. In a developing setting, streams may run in culverts or are may be channeled in
a concrete, rock or other artificial conveyance systems. This definition is not meant to
include irrigation ditches, c~,r,~,Is, su,'f, ~,ce w~ter runoff stormwater facilities or other artificial
watercourses unless they are used by a-loeet resident or~ anadromOUS Salmonid
fish,_pol~'c,bHi~ or-the feature was constructed to convey natural streams which existed
prior to construction of the watercourse.
Major stream shall mean any stream, and the tributaries to any stream, which contains or
supports, or under normal circumstances contains or supports toeat resident or migratory
fish 1~- If there exists a natural permanent blockage on the stream course which
precludes the upstream movement of anadromous salmonid fish, then that portion of the
stream which is downstream of the natural permanent blockaqe shall be regulated as a
major stream.
Minor stream shall mean any stream that does not meet the definition of Major Stream.
ORD # , PAGE 10
Article XlV Environmentally Sensitive Areas
DIVISION 1. GENERALLY
Sec. 22-'1223. Jurisdiction.
This article applies to the subject property if it:
(1) Contains or is within 25 feet of a regulated slope;
(2) Contains or is within 100 feet of a well head;
(3) Contains or is within 100 feet of the ordinary high water mark {~p-of~m3H~a~
of a major stream;
(4) Contains or is within 50 feet of the ordinary high water mark top of ~ny bank
of a minor stream;
(5)Contains or is within 25 feet of any regulated lake; or
(6) Contains or is within 200 100 feet of the edge of any regulated wetland,
including regulated wetlands associated with any major stream, minor
stream, or regulated lake.
DIVISION 2. ADMINISTRATION
Sec. 22-1244. Reasonable use of the subject property.
(a) The provisions of this section establish a mechanism whereby the provisions of
this article may be modified or waived on a case by case basis if their implementation
would deprive an ~ applicant be/~j of all reasonable use un~b/c to usc any of
the subject property" ............. "' .....
(b) An applicant may apply for a modification or waiver of the provisions of this
ORD # ., PAGE 11
article using process IV Et; Except that applications for projects on single family residential
lots platted prior to the incorporation of the City may use process t III.
(c) The city may approve a modification or waiver of the requirements of this article
on a case by case basis based on the following criteria:
(1) The application of the provisions of this article eliminates eny
~'all reasonable use of the subject property.
(2) It is solely the implementation of this article, and not other factors,
which precludes all reasonable pr-ofiteb/e use of the subject property.
(3) The applicant has in no way created or exacerbated the condition
which forms the limitation on the use of the subject property, nor in
any way contributed to such limitation.
(4) the knowledge of the applicant of limitations on the subject property
when he or she acquired the subject property.
(5) The waiver or modification will not lead to, create nor significantly
increase the risk of injury or death to any person or damage to
improvements on or off the subject property.
(d) If the city grants a request under this section, it shall grant the minimum
necessary to provide the applicant with some reasonable;~ use of the subject
property, considering the factors described in subsection (c)(1) - (c)(5) of this section. The
city may impose any limitations, conditions and restrictions it considers appropriate to
ORD # , PAGE 12
reduce or eliminate any undesirable effects or adverse impacts of granting a request under
this section.
DIVISION 5. STREAMS
Sec. 22-1306. Setbacks.
(a)
No land surface modification or improvements, may take place or be located
in a stream or within the following setback areas except as allowed within
this article:
(1) The setback area for a major stream includes all areas within 100 feet
outward from the ordinary high water mark tc~p,.,,~' ,~,:,,.,~', ~,o,'-'~-",,, of a
major stream.
(2) The setback area for a minor stream includes all areas within 50 feet
outward from the ordinary high watermark tc, p ,,f ~,,.h b~.,'~k of
minor stream.
(b) The setback areas established by this section do not apply to any segment
of a stream that is presently within a culvert, unless that stream will be taken
out of the culvert as part of development of the subject property.
Sec. 22-1307. Relocation.
(a) Relocation of a stream on the subject property is permitted subject to all of the
conditions and restrictions of this section.
(b) A proposal to relocate a stream will be reviewed and decided upon using process
¥ IV in section 22-4-7-6 431 et seq.
ORD# .. ,PAGE13
(c)
(d)
As part of any request under this section, the applicant must submit a stream
relocation plan, prepared by a qualified professional approved by the city, that
shows the following:
(1) The creation of a natural meander pattern.
(2) The formation of gentle side slopes, at least two feet horizontally to one foot
vertically, and the installation of erosion control features for stream side
slopes.
(3) The creation of a narrow subchannel, where feasible, against the south or
west bank.
(4) The utilization of natural materials, wherever possible.
(5) The use of vegetation normally associated with streams, including primarily
native riparian vegetation.
(6) The creation of spawning and nesting areas, wherever appropriate.
(7) The reestablishment of the fish population, wherever feasible.
(8) The restoration of water flow characteristics compatible with fish habitat
areas, wherever feasible.
(9) The filling and revegetation of the prior channel.
(10) A proposed phasing plan specifying time of year for all project phases.
The city will allow a stream to be relocated only if water quality, habitat and
stormwater retention capability of the streams will be significantly improved by the
ORD#
, PAGE 14
relocation. Convenience to the applicant in order to facilitate general site design
may not be considered.
(e) Prior to diverting water into the new channel, a qualified professional approved by
the city shall inspect the new channel following its completion and issue a written
report to the director of community development stating that the channel complies
with the requirements of this section.
(f) The amount of flow and velocity of the stream may not be increased or decreased
as the stream enters or leaves the subject property.
Sec. 22-1311. Rehabilitation.
The director of community development may permit or require the an applicant to
rehabilitate or maintain a stream by requiring the removal of detrimental materials such as
debris, ~ sediment and iffa~1~e~fiat-~ invasive, non-native vegetation aftd--by
~,~u,, ,, ,~ ~, ,~ ~,,~,, ,,, ,~ ~,,, ,o,,v~ v~,,~,,~,, ,. Approval of stream rehabilitation shall be based
on a review of a plan containing, at a minimum, an analysis of existing conditions,
identification of the source, if possible, of the degradation of the stream or riparian zone,
proposed corrective actions, including installation of native species within the riparian
corridor, performance standards, monitoring schedule, planting plans, erosion and
sedimentation control plans, and grading plans as necessary. The director ~ shall
require an applicant to retain the services of a qualified professional in preparing the
restoration plan. These actions may be permitted or required at any time that a condition
detrimental to water quality, stability of stream banks, degradation of existing naturally
ORD # , PAGE 15
vegetated buffers, or in stream habitat exists. Intrusions into regulated steep slopes and
associated setbacks will be allowed for purposes of approved stream rehabilitation
projects, o"
Sec. 22-1312. Intrusions into setbacks.
(a) Essential public facilities, ~ public utilities and otherpublic improvements. The
director of community development may permit the placement of an essential public facility,
o~ public utility or other public improvements in a setback from a stream if he or she
determines that the line or improvement must traverse the setback area because no
feasible alternative location exists based on an analysis of technology and system
efficiency. The specific location and extent of the intrusion into the setback area must
constitute the minimum necessary encroachment to meet the requirements of the public
facility or utility. "Public Utility other Public Improvements" shall not include improvements
whose primary purpose is to benefit a private~deVelopment, including without limitation
interior roads or privately-owned detention facilities installed Within or during the
construction of a residential subdivision, binding site plan, or other commercial
development.
(b) Minor improvements. Minor improvements such as footbridges crossing the
stream, walkways and benches may be located within the setback area if approved through
process t III based on the following criteria:
(1) It will not adversely affect water quality;~
(2) It will not adversely affect the existing quality of wildlife habitat within
ORD # , PAGE 16
the stream or setback area; dsstrc.,y nor dc, mc,§~
(3) It will not adversely affect drainage or storm water retention
capabilities;:
(4) It will not ~ lead to unstable earth conditions nor create erosion
hazards;:
(5) It will not be materially detrimental to any other property nor to the city
as a whole;and , ~--~"-'=-- '~'-
(6) It is necessary to correct any one of the adverse conditions specified
in subsections (1) through (5) of this subsection.
(c) Other intrusions. Other than as specified in subsections (a) and (b) of this
section, the city may approve any request to locate an improvement or engage in land
surface modification within stream setback areas only through process ~ IV, based on the
following criteria:
(1)
(2)
(3)
It will not adversely affect water quality;:
It will not adversely affect the existing quality of wildlife habitat within
the stream Or setback area; "-~'
It will not adversely affect drainage or storm water retention
capabilities;:
ORD #
, PAGE 17
(4) It will not /end lead to unstable earth conditions nor create erosion
hazards;.- and
(5) It will not be materially detrimental to any other property in the area of
the subject property nor to the city as a whole, including the loss of
significant open space; and ef-aeeftiew~.
Sec. 22-1333, Activities and improvements waterward of the ordinary high-water
mark.
This section regulates structures, improvements and activities waterward of the
ordinary high-water mark of regulated lakes.
(1) Dredging and filling. Except as permitted in conjunction with activities
regulated under process III and IV, sections 22-476 et seq. and 22-516 et
seq., dredging and filling waterward of the ordinary high-water mark of a
regulated lake is prohibited.
(2) Structures and improvements. Except as permitted in conjunction with
activities regulated under process III and IV, sections 22-476 et seq. and 22-
516 et seq., the only structures or improvements that may be located
waterward of the ordinary high-water mark of a regulated lake are moorage
structures. The city will review and decide upon any proposal for a moorage
structure waterward of the ordinary high-water mark using process t III. The
city may grant a request under this section if the moorage structure is
accessory to a dwelling unit or public park on the subject property and no
ORD # ., PAGE 18
significant habitat area will be damaged by its construction or use. A
moorage structure, if permitted, may not extend waterward further than is
reasonably necessary to function properly, but in no event more than 200
feet waterward of the ordinary high-water mark. Moorage structures may not
be treated with creosote, oil base or other toxic substances. The top of the
moorage structure may not be more than two feet above the ordinary high-
water mark.
Sec. 22-1334. Activities and improvements within the required setback areas from
regulated lakes.
No structure, improvement nor land surface modification may be located or take
place within the setback area from a regulated lake except as allowed in this section.
(1) Landscaping and land surface modification. Except as otherwise specifically
permitted in this section, the setback area from a regulated lake may not be
covered with an impervious surface. Installation and maintenance of normal
residential or park-like landscaping may take place within the required
setback area, provided that no fertilizers, pesticides or other chemicals or
substances are applied within the setback area that will degrade water
quality or hasten eutrophication of the lake. Land surface modification
beyond installation and maintenance of normal residential or park-like
landscaping may only be permitted within the setback area if approved
through process ~ III based on the following criteria:
ORD # , PAGE 19
(2)
a. The proposed land surface modification is necessary for the
reasonable use of the subject property.
b. The land surface modification will not increase or decrease the size
of the regulated lake.
c. The land surface modification will not change the points where any
water enters or leaves the subject property nor in any way change
drainage patterns to or from adjacent properties.
d. The proposed land surface modification will not be detrimental to
water quality or habitats in or around the lake.
Minor structures andimprovernents. Minor improvements such as walkways,
benches, platforms for storage of small boats and small storage lockers for
paddles, oars, life preservers and similar boating equipment may be located
within the setback area if approved by the director of community
development based on the following criteria:
a.
b.
The minor improvement will not adversely affect water quality.
The minor improvement will not destroy nor damage a significant
do
habitat area.
The minor improvement will not adversely affect drainage or
stormwater retention capabilities.
The minor improvement will not be materially detrimental to any other
property in the area of the subject property nor to the city as a whole;
ORD #
, PAGE 20
(3)
(4)
Essential public facilities and utilities. The director of community
development mhy permit the plaCement of an essential public facility or utility
in the setback area if he or she determines that the line or improvement must
traverse the setback area because no feasible alternative location exists
based on an analysis of technology and system efficiency. The specific
location and extent of the intrusion into the setback area must constitute the
minimum necessary encroachment to meet the requirements of the public
facility or utility.
Other intrusions:
a. Where the properties immediately abutting the subject property have
dwelling units which extend into the setback area, the applicant may
construct a dwelling unit on the subject property that extends into this
setback area to the extent permitted in subsection b. of this section.
b. Where subsection a. of this section applies, the dwelling unit on the
subject property may be no closer to the ordinary high-water mark of
the regulated lake than the average of the distance of the two
dwelling units on the properties immediately abutting the subject
property. If one of the properties immediately abutting the subject
property does not contain a dwelling unit or the dwelling unit on that
abutting property is more than 25 feet from the ordinary high-water
ORD
, PAGE 21
mark of the regulated lake, the setback of the dwelling unit on that lot
will be presumed to be 25 feet for the purposes of calculating the
· 'permissible location for the dwelling unit on the subject property under
this section.
(5) Revegetation. The applicant shall stabilize all areas left exposed after land
surface modification with appropriate vegetation.
Sec. 22-1336. Bulkheads,
(a) General. A bulkhead is permitted within or adjacent to a regulated lake subject to
the provisions of this section.
(b) Required permit. The city will review and decide upon an application under this
section using process ~ III.
(c) Criteria. The city may permit a bulkhead to be constructed only if:
(1) The bulkhead is needed to prevent significant erosion.
(2) The use of vegetation will not sufficiently stabilize the shoreline to prevent
the significant erosion.
(d) Design features. A bulkhead may not be located between a regulated lake and a
wetland. Changes in the horizontal or vertical configuration of the land must be kept
to a minimum. The bulkhead must be designed to minimize the transmittal of wave
energy to other properties.
ORD # , PAGE 22
DIVISION 7.
Sec. 22-1356. Determination of wetland and regulated'wetland.
(a) Generally. This section contains procedures and criteria for determining whether
an area is defined as a regulated wetland under this chapter.
(b) Evaluation. If the city determines that a wetland may exist on or within 20. 0
feet the subject property, the director of community development shall require the applicant
to submit a wetland report~prepared by a qualified professional approved by the city, that
includes the fo,'/o'~;;:ng information set forth in subsection (b)(1) - (7) and subsection (c)
below. The director of community development shall use ,;",,"~ the information required by
subsection (b)(1) and (2) to determine if the area is a regulated wetland and, if so, shall use
the information required by subsection (b)(3) ~ (7) and subsection (c) to determine the
category and precise boundaries of that regulated wetland.
(1) An evaluation of whether the area in question is a regulated wetland,
based on the definitions ;n ,,,,o ,.,,~,~,,~, of "regulated wetland" in
Section 22-1 in this chapter.
(2) An overview of the methodology used to conduct the study.
(3) A description of the wetland and plant communities found therein,
,:nc;ud,:ng a map ~ delineating the edge of the wetland and
location of plant communities_~ and a= detailed description of the
method used to identify the wetland edge.
(4) The wetland classification, according to the t'U.S. Fish and Wildlife
ORD # , PAGE 23
Service "Classification of Wetlands and Deep Water Habitats in the
U.S.").
(5) A list of observed plant and wildlife species, using both scientific and
common names, and ~ description of their relative abundance.
(6) A list of potential plant or animal species based on signs or other
observation.
(7) An evaluation and assessment of the existing or potential functions
and values of the wetland based on the following factors: surface
water control; .wildlife habitat; pollution and erosion control;
roun water ex an o n ace ,~,,d ,~o,,,~,,,.,,..~,,,,,oo,,
recreational;,; and educational and cultural opportunities.
(c) Drainage Facilities. Surface water ponds, drainage ditches, and other such
facilities which were designed to impound or convey water for an engineered purpose are
not considered regulated wetlands under this article provided they meet all of the following
criteria:
(1)
The drainage facility must have been intentionally human created.
This is to differentiate from those wetland sites that are accidental
consequences of development actions, such as road construction or
culvert placement. Such sites may be considered regulated wetlands
by the director upon a review under subsection (b)(7) above of the
ecological functions and values of the site.
ORD #
, PAGE 24
(2)
(3)
(4)
(5)
(6)
The drainage facility must have been originally constructed on
uplands (non-wetland areas). If the drainage facility is located within
a straightened, channelized, or otherwise disturbed natural
watercourse, it may be considered a regulated wetland by the director
upon review under subsection (b)(7) above of the ecological functions
and values of the site.
The facility must be actively operated as for use as a surface water
drainage facility. Abandoned drainage facilities may be considered
regulated wetlands by the director upon a review under subsection
(b)(7) above of the ecological functions and values of the site.
Wetland conditions have not expanded beyond the originally
constructed drainage facility boundary. In such a case the expanded
area may be considered a regulated wetland by the director upon
review under subsection (b)(7) above of the ecological functions and
values of the site.
The drainage facility was not designed or constructed as a
requirement to mitigate previous wetland impacts.
The director finds that limited ecological functions and values do not
warrant application of the City's wetland regulations.
ORD #
, PAGE 25
Sec. 22-1357.
buffers.
(a)
Wetland categories,.,.oo,-'---:'='--':---,,,.,,,,.,,,o and standard
Regulated wetlands are classified into the following categories: -. -'
(1) Category I wetlands ~.re .gre~.ter
meet one of the following criteria:
a. contain the
recognized
threatened
species; or
b. contain the
(2)
presence of species or documented habitat
by state or federal agencies as endangered,
or potentially extirpated plant, fish or animal
presence of plant associations of infrequent
occurrence, irreplaceable ecological functions, or exceptional
local significance including but not limited to estuarine
systems, peat bogs and fens, mature forested wetlands,
groundwater exchange areas, significant habitat or unique
educational sites; or
c. have three or more wetland classes~ one of which is open
water.
Category II wetlands are greater than 2,500 square feet in area, do
not exhibit the characteristics of Category 1 wetlands, and meet one
of the following criteria:
a. are contiguous with water bodies or tributaries to water bodies
ORD #
, PAGE 26
which under normal circumstances contain or support a fish
population, including streams where flow is intermittent; or
b. are greater than one acre is size in its entirety; or
c. are less than or equal to one acre in size in its entirety and
have two or more wetland classes, with neither class
dominated by non-native invasive species
(3) Category III wetland are greater than 2,500 square feet in area and
do not exhibit those characteristics of Category 1 or 2 wetlands.
(b) Standard buffer widths for regulated wetlands are established as follows:
(1) Category I wetlands shall have a standard buffer width of 200 feet.
(2) Category II wetlands shall have a standard buffer width of 100 feet.
(3) Category III wetlands shall have a standard buffer width of 50 feet for
wetlands that are greater than 10,000 square feet in area, and shall
have a standard buffer width of 25 feet for wetlands that are between
2,500 to 10,000 square feet in area.
[,".'swSscti~.n] Ss¢. 1357 5 ,".',,.,d,~,.=t,,.,,, ,.,f
· . :: - -' --~, '--- -- ;,r, -- ;r,r- -r, ,.,,.,,,,.,.
tc~/ ~-,u,,~, ~v~r~l,,,~. ;J ~,, ~ ovo, c3 ~,., ~,,,,), vv,,~, u,~ vv~uc~,,~., ~, ~,,~
ORD # , PAGE 27
/4~
..... ~,~,,~, o v,,,, ,,~,t aff~¢t th~ wat~ qua~iti ~nt~d~g ~, ,,~tlo,,d ,.,,
I~^.J..^^.,I bu I0 ,..:11 --~& --,J..^.^^l,. ^(-l:^^& ~ &
//1\
including the',,.,oo .... ~,,' ~,r~, ...., space c,r scenic ":- '--
ORD#
, PAGE 28
intruaions ar~ sxlsting.
..~.,~,,,.. ~.~,,,,ane,,,,y impacted ,~y ,...~,.~,,. development
as par$1stent human
(~llI. GI Cil. ITJ1 I,~ !,,/I I.I I~ ~Jl../I I Iii ICil I~,~
lq, AI!ti~LIT~IIC31 C3LLIIS~I,~L~q~ %21 tll~ IJTAIIq~I I.~.,~ ~./I~VI%J~.~ IT.,/I C;J~.AT. JILI~IIC31
ORD # , PAGE 29
protect envirc, nmentc~lly sensitive
o,.,,., ........ thr~2.t to the v~,b[:k'y of the buffer ~,nd/or the
Sec. 22-1358. Structures, improvements and land surface modifications within
regulated wetlands.
(a) Generally. No land surface modification may take place and no structure or
improvement may be located in a regulated wetland except as provided in this section.
ORD # , PAGE 30
(b) Public park. The city may allow pedestrian access through a regulated
wetland in conjunction with a public park. The access, if approved, must be designed to
the maximum extent feasible to protect the wetland from any adverse effects or impacts
of the access and to limit the access to the defined access area.
(c) Rehabilitation. The director of community development may permit or require
t-he an applicant to rehabilitate and maintain a regulated wetland by removing detrimental
material such as debris and inappropriate vegetation and by requiring that native
vegetation be planted. These actions may be required at any time that a condition
detrimental to water quality or habitat exists.
(d) Modification. Otherthan as specified in subsections (b) and (c) of this section,
the city cour~c~l may approve any request to locate an improvement or engage in land
surface modification within a regulated wetland using process-i~ IV. The specific location
and extent of the intrusion into the regulated wetland must constitute the minimum
necessary encroachment. Approval of a request for improvements or land surface
modification within a regulated wetland through process Ill IV shall be based on the
following criteria:
(1)
(2)
(3)
It will not adversely affect water quality.
It will not "~' ....'~ ....... :__:¢.~__, ~._,.~,_, ly
,.,~o,,,.,y nor ,.,,~,,,,:,~ ,~ o,~,,,,,,.~,,,, ,,.,.,,,,~, ~,, .... ~,~, adverse
affect the existing quality of the wetland or buffeCs wildlife habitat.
It will not adversely affect drainage or storm water retention
capabilities.
ORD #
, PAGE 31
(4)
It will not lead to unstable earth conditions nor create erosion hazards.
(5) It will not be materially'detrimental to any other property in the arC'of
the subject property nor to the city as a whole, including the loss of
eignifiea~ open space, ef-seef~e-~is~
(6)It will result in no net loss of wetland area, function or value.
(7) The project is in the best interest of the public health, safety or
welfare.
(8) The applicant has demonstrated sufficient scientific expertise and
supervisory capability to carry out the project.
(9) The applicant is committed to monitoring the project and to make
corrections if the project fails to meet projected goals.
(e) Requiredinformafion. As part of any request under this section, the applicant
shall submit a report, prepared by a qualified professional approved by the city, that
includes the following information:
(1) Mitigation plan. A mitigation plan shall include the following elements:
ao
Environmental goals and objectives.
Performance standards.
Detailed construction plans.
Timing.
Monitoring program for a minimum of five years.
ORD#
, PAGE 32
(2)
(3)
f. Contingency plan.
g. Subject to the applicant's election of timing alternatives
provided in subsection (4):below, a Pperformance and
maintenance bonding in an amount of 120 percent of the costs
of implementing the mitigation Plan or the contingency plan,
whichever is greater h '"' "~'-"^ ' '
Mitigation. Mitigation of wetland impacts shall be restricted to ~
restoration, creation or enhancement Within the same basin, of in-
kind wetland type which results in no net I°ss of wetland area,
function or value. Where feasible, mitigation measures shall be
designed to improve the functions and values of the impacted
wetland.
Minimum acreage r~ mitigation ratio. The following are
--:-;,,,,,,,,,,,~,,, .... ratios for Providing restoration, creation or enhancement
~ of ~ impacted wetland areas. The first number of the
ratio specifies the acreage of wetland requiring reStoration, ~¢reation,
or replacement, and the second specifies the acreage of wetlands
impacted.
VV [;;LlCl I 1~4 OI I.i;;,O ! I ~---[,j iui icl ii.y
ORD #
, PAGE 33
IIT~,I~III I.I IT~ IT;~/ICIYT;IIIT;Ill, II;II, I~J OIII;Iii IJ~,} I;I IIIIIIIlIlIJIll
I ',~/I OYl Ul¢--OI II Ill,/ VVT;LIC;il Iisio WIll i gl, I~;}CI~.,~L ~.IT./ I¢~,tI I.~;/I Ii I./I ItO OIJ!
For emergent .... "--" .... :,~. _,,_-A, °~' percer,t of th- A",-face
'rI- I & .-- ;~ J~ --II &l-- &l .-~ I~ II I. 4 '~)C: 4
Wetland Category
Creation and Enhancement
Restoration
Category I (all Types) 6:1
Category 2
Forested 3:1
Scrub/Shrub 2:1
Emergent 2:1
Category 3
Forested 2:1
Scrub/Shrub 1.5:1
12:1
~6:1
4:1
4:1
3:1
ORD#
, PAGE 34
(4)
Emergent 1.25:1 2.5:1
The. Director may permit or require the above replacement ratios to
may be increased or decreased based on the following criteria:
a. Probable success of the proposed mitigation.
b. Projected losses in function or value.
c. Findings of special studies coordinated with agencies with
expertise which demonstrate that no net loss of wetland
function or value is attained under an alternative ratio.
d. In no case shall the minimum acreage replacement ratio be
less than 1.25:1.
Timing. All required wetland mitigation improvements, ex'eel~
including monitoring, shall be completed and accepted by the director
of community development prior to beginning activities that will disturb
regulated wetlands, and- or the applicant shall provide the
performance and maintenance bond specified in subsection (1)(g)
above. In either event, the applicant may not take any action that
disturbs a regulated wetland or its buffer until the Director has
reviewed and approved the mitigation plan. All wetland- or buffer-
disturbing activities, and all mitigation, shall be timed to reduce
impacts to existing plants and animals.
ORD #
, PAGE 35
(5)
Inspections. The applicant shall pay for services of a qualified
professional selected and retained by the city to review the wetland
mitigation report and
inspections, issue a
other relevant information, conduct periodic
wdtten report to the director of community
development stating that the project complies with requirements of the
mitigation plan, and to conduct and report to the director on the status
of the monitoring program.
Sec. 22-1359. Structures, improvements and land surface modification within the
"- ' ..... '---- regulated wetlands-buffers
(a) Generally. Except as allowed in this section, no land surface modification may
take place and no structure or improvement may be located within '~'^ -^'~'--'
a regulated wetland buffer.
(b) BufferAvera.qin.q. Buffers may be averaged only when the wetland or the buffer
which is proposed to be reducedo=,,o,,,,=:: ........ o,=o ,,., ~,~'A ,,,,,,~,~,.,"' '"----' contains habitat es
which have been so permanently impacted that reduced buffers do not pose a detriment
to the existing or expected habitat functions. Through process III1 the applicant must
demonstrate to the satisfaction of the Director of Community Development that the
proposed buffer averaging will meet all of the following criteria:
(1) Reduced buffers will not affect the water quality entering a wetland or
stream;
(2) Reduced buffers will not adversely affect the existing quality of wildlife
ORD # , PAGE 36
(3)
habitat within the s~.gnLficant h~,b,tot ~,,,~oo ..... ,,,, o wetland ~
area or the buffer;
Reduced buffers will not result in unstable earth conditions nor create
erosion hazards; and
(4) Reduced buffers will not be detrimental to any other public or private
properties, including the loss of open space. - ..... =- ":~'~
At no point,,,'- ,,,,-~ ,,,o,,~,,,.~o'-~' ..... shall the buffer width be reduced to less than 50% of the
.required standard buffer width, unless the buffer, in existing conditions, has already been
permanently eliminated by ,;';rough previous, legally permitted actions. The total area
contained within the buffer after averaging shall be equal to the area required for standard
buffer dimensions.
(c) Essential public facilities, ac~l public utilitiesy and otherpublic improvements The
director of community development may permit the placement of an essential public facility,
-~'"'~-" ~'~ from a regulated Wetland
public ~ utility or other public improvements in a o~,,.,a,.,, o,,~, .
buffer if he or she determines that the line or improvement must traverse the bUffer-eetba~
area because no feasible or alternative location exists based on an analysis of technology
and system efficiency. The specific location and extent of the intrusion into the buffer
eetbaek-erea must constitute the minimum necessary encroachment to meet the
requirements of the public facility or utility.
(d)
Minor improvements. Minor improvements such as footbridges, walkways and
benches may be located within the buffer set~aek-a~a from a regulated wetland if
ORD ¢/: , PAGE 37
approved through process F III based on the following criteria:
(1) It will not adversely affect water quality;:
(2) It will not adversely affect the existing quality of the wetland's or buffers
wildlife dostrc, y nc, r da,m,a§~ c, s~§n~ficant habitat-afea¢;.
(3) It will not adversely affect drainage or stormwater retention capabilities;:
(4) It will not lead to unstable earth conditions nor create erosion hazards; and:
(5) It will not be materially detrimental to any other property in the area of the
subject property nor to the city as a whole, :-~"'-':
,, ,,-,,,,,,, ,u the l,,oo of
(e),~-'"'~':--,~,,~,,.,,,,,, c, f St~,,';dc,,~ Wc. tlc, nd Buffer Reduction, '*'=-"",,,,,,,,. Throuqh process III,
the director of community development may reduce the standard wetland buffer width by
up to 50%, but in no case to less than 25 feet, on a case-by-case basis~ if the project
includes a buffer enhancement plan which utilizesappropriate native vegetation and clearly
substantiates that an enhanced buffer will improve and provide :additional prOtection of
conditions can be
wetland functions and values, and where one of the following
demonstrated:
(1)
existing conditions are such that the required standard buffer exists
in a permanently altered state (e.g. roadways, paved parking lots,
permanent structures, etc.) which does not provide any buffer
function, then the buffer can be reduced for that portion where the
intrusions are existing.
ORD #
, PAGE 38
(2)
except for Category I wetlands1 existing conditions are such that the
wetland has been permanently impacted by adjacent development
activities, as evidenced by such things as persistent human
alterations or the dominance of normative invasive species.
(3) a project on an existing single family lot platted prior to the
incorporation of the City, where imposition of the standard buffer
would preclude reasonable use of the lot.; sr~d the project ~r, cludes a
L,;',*.l I iT;;~I ~;;~1 I[ lC;il I1~.,.~..! I I~;;~1 It ~,/IC;II I~ I,J~ll Ib O~,J[k;I ~.,~,;II I(;E%T;~ I IOl, lV~.. V~;~;~l.C;~tl%.;I I,& VVl II~l I
The director shall have the authority to determine if buffer averaging is warranted on the
subject property and, if so, may require ~ additional buffer area on other portions
of the perimeter of the sensitive area.
(0 Modification. Other than as specified in subsections (b) and (c) o1: this
section, the city may approve any request to locate an improvement or
engage in land surface modification within the buffer se-tt~a~-a~a from a
regulated wetland through process-H IV, based on the following criteria:
(4) It will not adversely affect water quality;:
(2) Jt wilJ not adversely affect the existing quality of the wetland's or buffer's
wildlife de~tr~y ~or d~,§e s ~i,~r~ficar, t habitat-ar-eat
ORD # , PAGE 39
(3)
(4)
(5)
It will not adversely affect drainage or stormwater retention capabilities;.-
It will not lead to unstable earth conditions nor creP.~e erosion hazards;.-
It will 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 eignifma~
open space of-eee'~e~; and-=
Any modification under this subsection shall not reduce the standard buffer by more than
50%, and in no case shall the remaining buffer be less than 25 feet. The City may require,
as a condition to any modification granted under this subsection, preparation and
implementation of a wetland buffer enhancement plan to protect wetland and buffer
functions and values.
(g) Revegetation. The applicant shall stabilize all areas left exposed after land surface
modification with nativevegetation normally associated with the buffer-seiba~'-afea.
(h) Buffer Increases. The director shall require increased environmentally sensitive
area buffer widths on a case by case basis when the director determines that a
larger buffer is necessary to protect environmentally sensitive area functions, values
or hazards based on site specific conditions. This determination shall be supported
by appropriate documentation showing that additional buffer width is reasonably
related to protection of environmentally sensitive area functions and values, or
protection of public health, safety and welfare. Such determination shall be attached
as permit conditions. The determination shall demonstrate that at least one of the
ORD # , PAGE 40
followinq factors are met:
(1) There is habitat for species listed as threatened or endangered by
state or federal agencies ~ present within the sensitive
area and/or its buffer, and additional buffer is necessary to maintain
viable functional habitat;
(2) There are conditions or features adjacent to the buffer, such as steep
slopes or erosion hazard areas, which over time may pose an
additional threat to the viability of the buffer and/or the sensitive area.
In such circumstances the City may choose to impose those buffers,
if any, associated with the condition or feature posing the threat in
addition to, or to a maximum, beyond the buffer required for the
subject sensitive area.
Section 4. The provisions of this ordinance are declared separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to
other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force five (5)
days from the time of its final passage, as provided by law.
ORD # , PAGE 41
of
PASSED by the City Council of the City of Federal Way this
,1999.
CITY OF FEDERAL WAY
MAYOR, RON GINTZ
day
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:\ordina~senarea2.ord.wpd
ORD # , PAGE 42
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
CATEGORY: BUDGET IMPACT:
CONSENT
X ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: Draft 2000 Property Tax Rate Ordinance
SUMMARY/BACKGROUND: The City Council is required to establish the property tax rate for the year 2000.
This is the introduction reading for the proposed 2000 tax rate ordinance.
CITY COUNCIL COMMITYEE RECOMMENDATION: N/A
ordinance for November 16, 1999. '~
APPROVED FOR INCLUSION IN COUNCIL PACKET.' J/) ~/~ ,a
COUNCIL ACTION:
APPROVED
DENIED
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
TABLED/DEFERRED/NO ACTION
COVERCC-Sf24/94 ./~ ~ ~
COUNCIL BILL
ORDINANCE #
RESOLUTION #
ORDINANCE NO.
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, FIXING THE
PROPERTY TAX AMOUNT FOR THE YEAR 2000.
WHEREAS the City Council of the City of Federal Way has
adopted its budget for the 1999/00 biennium which includes an
increase in property tax levy for the year 2000; and
WHEREAS the City Council, in the course of considering
the mid-biennium budget adjustment has reviewed all changes in
projected revenues and expenses and other city obligations for the
city during the year 2000; and
WHEREAS while the national inflation as measured by the
implicit price deflator for personal consumption is 1.42%, the
local inflation, as measured by consumer price index (CPI-W), is
3.2% for the year ending June;
NOW, THEREFORE, BE IT ORDAINED, by the City Council of
the City of Federal Way that the limit factor for the regular levy
for the calendar year 2000 shall be % based on
plus an additional 1.9% for the increase in
ORD. # , PAGE 1
assessed value resulting from annexation and/or new construction
for a total of %.
Section 1. Levy. There shall be and there is hereby
levied against the property in the City of Federal Way, Washington,
a municipal tax for the year 2000 for the purposes of paying the
expenses of municipal government in the amount of
general
$
Section 2. Severability. The provisions of this
ordinance are declared separate and severable. The invalidity of
any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to
any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to
other persons or circumstances.
Section 3. Ratification. Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
Section 4. Effective Date. This ordinance shall take
effect and be in force five (5) days from the time of its final
passage, as provided by law.
ORD. # , PAGE 2
this
PASSED by the City Council of the City of Federal Way
day of , 1999.
CITY OF FEDERAL WAY
ATTEST:
MAYOR, RON GINTZ
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: \FIN\BIENNIAL\ORDINANC\TAXLEVY2 0 0 0. DOC
ORD. # , PAGE 3
MEETING DATE: November 16, 1999 ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Ordinance - 1999/2000 Mid-Biennium Budget Adjustment
CATEGORY:
CONSENT
'x~ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
1999 BUDGET IMPACT: $ 464,743
2000 BUDGET IMPACT: $6,444,577
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: Budget Adjustment Summary, Ordinance & Budget Adjustment exhibits A & B.
SUMMARY/BACKGROUND: This is the first reading of the 1999/2000 mid-biennium budget
adjustment which will incorporate the City Manager's recommended programs into the 1999/2000 budget.
CITY COUNCIL COMMITTEE RECOMMENDATION:
CITY MANAGER RECOMMENDATION: Forward the ordinance to second reading on December 7,
1999 for adoption of the mid-biennium budget adjustment.
PACKET:APPROVED FOR INCL~CIL
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
K: ~CLERK\AGNDABIL.WPD
Available Funding:
Sales Tax
Gambling Tax
Referendum 49 Funding 4
Permit Fees 1
Fines & Forfeitures 1
Public Safety Grants 1
Mid Biennium Budget Adjustment Summary
~l['-uilii[~
$ 750,000
800,000
430,000
140,000
125,000
$
700,000
438,000
Total Available Funding
Recommended New Programs:
CD - Sign Code Compliance - (funded for 6 months & then review)
CD - Associate Planner (funded w! permit fees - $60K)
CD - Increase Intern Hours (funded w/permit fees - $13K)
CD - Comp Plan Update - Consulting Services
CD - Airport Coalition Dues
MS - Vehicle Replacement (4) (funded w/repl reserves & proceeds - $51K)
MS - Replacement of 4 Copiers (convert to lease; continue to collect reserves - $22K)
PARCS - Ongoing M & O for Wedgewood Park
PARCS - Celebration Park Maintenance (funded w/Celebration Park fees - $52K)
PS - Jail Contract cost increase
PS - Patrol Vehicle Replacement (8) (funded w/replacement reserves - $209K)
PS - Critical Incident Command Veh (funded w/grant, seizure & donations - $120K)
PS - Wa Criminal Justice Training Officer (funded w/WSCJTC - $61K)
PS - Convert Tamp Data Entry to FTE's (partial funded wi tamp - total $85K)
PS - Traffic Reconstruction Prog - (funded w/traffic school revenue - $41K)
PS - Critical Incid/Hostage Nag Equip (funded w/grant & seizure- $129K)
PW -Conv. Contracted Capital Project Inspector to Staff (fund wi SWM- $30KJ$
PW - Traffic Counts to Update Transportation Model
PW - Comp Plan Update - Consulting Services
CM Recommeded New Procjrams
Implementing Prior Council Actions:
CM - Municipal Court Formation (costs not funded w/fees & contract)
CD - Development Specialist (funded wi permit fees - $41K)
PS - School Resource Officers (funded w/grant & contract - $61K)
2,245,000 1,138,000
39,000
1.00
40,000
30,000
125
9,000
5,000
300,000
1.00
2.50 44,000
1.00
15,000
25,000
6.75 (149,000) (358,000)
11.55 143,000
1.00
1.00
Continue Implementation of Council Approved Pro~lrams
Total Proposed 2000 Adjustments
13.55 0.00 (143,000)
20.30 /149,000) (501,000)
Balance available under existing condition 2
Yes on 1-695:
4th qtr, 1999 MVET collection, distributed in 1st qtr, 2000
Revenue impact of 1-695
One-time fundincj and on~loing impact of 1-695
2,096,000 637,000
300,000
(2,056,000)
$ 2,396,000 $(1,419,000)
Excess REET in 1999
Balance available 2
$ 1,000,000
977,000
Total Available Capital Fundin~l $1,977,000
Capital Project Recommendation:
PARCS - Skateboard Park
PARCS - Hylebos
PARCS - Alderbrook Park Play Equip (funded w/fee-in-lieu - $29K)
PARCS - BPA Trail Phase III
PS - Public Safety & Muni-Court Facility
PW- Downtown Revitalization
PW - 23rd Avenue South
$ 250,000
50,000
150,000
567,000
300,000
660,000
Total Capital Projects $ 1,977,000
Balance Available $
Ongoing revenues are considered as net cost in the CM recommended New Programs
If No on 1-695, the prOjected available balance will be $2.1 million in one-time funding and $637K in ongoing for a total of $2.7 million in 2000
REET revenue in 2000 is projected to be higher than budgeted which will be available for allocation in 2001
_ j . ~1~
If not overturned by 1-695, this funding must be used for transportation purposes w/o supplanting current funding
9900newprgm Mid-Biennium Review (2) 11/10/99
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, RELATING TO BUDGETS
AND FINANCE, REVISING THE 1999-00 BIENNIAL BUDGET
(AMENDS ORDINANCE 98-325, 99-338 AND 99-345).
WHEREAS, certain revisions to the 1999-00 Biennial Budget are necessary; and
WHEREAS, these revisions are a result of the mid-biennium budget adjustment;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Ordinance 99-345, Section 1, is hereby amended to adopt the revised
budget for the years 1999-00 biennium in the amounts and for the following purposes:
Section 1. 1999-00 Biennial Budget. That the budget for the 1999-00
biennium is hereby adopted in the amounts and for the purposes as
shown on the attached Exhibit A & B ("1999 and 2000 Revised
Budgets").
Section 2. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
ORD. # , PAGE I
Section 4. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 5.
days from the time of its final passage, as provided by law.
PASSED by the City Council of the City of Federal Way this
,1999.
Effective Date. This ordinance shall take effect and be in force five (5)
day of
CITY OF FEDERAL WAY
ATTEST:
MAYOR, RON GINTZ
CITY CLERK, N. CHRISTINE GREEN
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 \\fin\biennialXordinanc\99)-adadj doc
ORD. #
, PAGE 2
MEETING DATE: November 16, 1999 ITEM#
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Sign Code Amendments/Amended Ordinance
CATEGORY:
BUDGET IMPACT:
CONSENT
'5~r-ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: Amended Ordinance, June 2, 1999 Staff Report, Staff Report Addendum for the
LUTC, Sign Code Amendments previously reviewed by Council, and amended
section 22-1601 (Exhibit D).
SUMMARY/BACKGROUND: Following second reading of the sign code amendment ordinance (#99-
348) the issue of multi-tenant centers with separate pads/parcels was raised and Council remanded this
issue back to LUTC for review. Exhibit D reflects the recommendation of the LUTC meeting of
November 4, 1999.
CITY COUNCIL COMMITTEE RECOMMENDATION: Accept staff recommendation.
CITY MANAGER RECOMMENDATION: Accept Council Committee recommendation.
APPROVED FOR INQLUSION IN COUNCIL
PACKET:
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL it
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
ORDINANCE NO.
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING
CHAPTER 22 OF THE FEDERAL WAY CITY CODE,
RELATING TO SIGNS. (Amends Ordinance 99-348)
WHEREAS, the City Council of the City of Federal Way determined that it was
necessary for the public health, safety and general welfare to establish reasonable sign regulations;
and
WHEREAS, the Federal Way City Council adopted sign regulations, and
subsequent amendments thereto, on February 27, 1990; December 3, 1991; April 21, 1992; June
16, 1992; June 6, 1995; and December 16, 1997; under Ordinance Nos. 90-43, 91-113, 92-135,
92-144, 95- 235, and 97-307; and
WHEREAS, amendments to the Chapter 22 of the Federal Way City Code
(" FWCC") text are authorized pursuant to FWCC Sections 22-216, and Sections 22-516 - 22-530
( Process VI review); and
WHEREAS, pursuant to the direction of the City Council Land Use and
Transportation Committee, City staff prepared a list of proposed changes to Chapter 22 of the
FWCC relating to sign definitions and sign code enforcement ("Proposal"), and presented the
Proposal to the Federal Way Planning Commission; and
WHEREAS, pursuant to FWCC Section 22-534, the Federal Way Planning
Commission considered the Proposal at a work session on May 19, 1999, and at a public hearing
on June 2, 1999; and
ORD # 99-348, PAGE 1
WHEREAS,
Section 22-532; and
WHEREAS,
public notice of the public hearing was duly given pursuant to FWCC
following the public hearing, the Planning Commission voted to
approve the Proposal with minor modifications, and forward it with a recommendation of approval
to the City Council Land Use and Transportation Committee; and
WHEREAS, the Federal Way Land Use and Transportation City Council
Committee, meeting as a committee of the whole City Council, considered the Proposal on July
7, 1999, and recommended approval by the full City Council; and
WHEREAS, on September 21, 1999 the City Council remanded the amendments
to the Land Use and Transportation Committee to address impact of the sign code on multiple use
parcels within on subject property; and
WHEREAS, the Federal Way Land Use and Transportation Committee of the City
Council reviewed proposed changes (Exhibit D) at their November 4, 1999 meeting and
recommended approval by the full City Council; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. 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 CFWCC"):
1. The unregulated proliferation of signs detracts from the economic value of the
community.
2. Such proliferation can and does create a visual distraction for drivers of motor
ORD # 99-348, PAGE 2
silo
vehicles and thereby detracts from traffic safety.
3. Reasonable regulation of signs serves to alleviate visual clutter and thereby
preserves community scenic, economic and aesthetic values.
4. The regulation of signs supports and enhances the economic well-being of all
businesses within the City while providing the opportunity for all businesses to identify their
premises and advertise their products.
5. Sign regulation protects the public health, safety, and welfare by controlling the
placement, removal, installation, maintenance, size and location of signs.
6. Amendments to the sign code will clarify existing definitions and add new
definitions, to assist in uniform interpretation and enforcement of the code.
7. Amendments to the sign code will also provide better regulation of certain types
of signs (e.g., civic and community event signs, subdivision signs, and promotional and special
sales event signs), thereby furthering the community's interest in alleviating visual clutter and
preserving scenic, economic and aesthetic values.
Section 2. Conclusions. Pursuant to FWCC Section 22-528, and based upon the
Findings set forth in Section 1 above, 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, which states at page
VII-5 that "The character of the street environment is also unfriendly to pedestrians. Signs
proliferate the South 320th Street and State Route 99 (SR-99/Pacific Highway South) corridors..
· .The number and size of signs produce a negative effect on the visual image of the City. The
ORD # 99-348, PAGE 3
Plan contains a number of Goals and Policies to address this condition. The Proposal is consistent
with these following Goals and Policies:
City Center Goal 6: "Focus on improving the existing character and image of the
City of Center."
Land Use Goal 1: "Improve the appearance and function of the built
environment."
Land Use Policy 39: "Encourage transformation of Pacific Highway (SF-99)
Community Business corridor into a quality mixed-use retail area."
City Center Policy 2: "Develop an attractive City Center which will attract quality
development."
City Center Policy 7: Allow for a variety of uses and mixed use development
within buildings, or complexes. Ensure that mixed-use development complements
and enhances the character of the surrounding residential and commercial areas.
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 refining the
City's existing sign code, which is consistent with state law and reflects 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 compatibility of signs with the visual impact on the
community at large. By establishing comprehensive and concise regulations by which to regulate
signs, it provides city staff with sufficient criteria by which to evaluate proposals, and assists
businesses in providing adequate provisions to identify the location of places of business.
Section 3. Amendment. The Federal Way City Code, Section 22-1, is amended
as set forth in Exhibit A attached hereto and incorporated herein by reference.
Section 4. Amendment. The Federal Way City Code, Section 22-335, is amended
ORD # 99-348, PAGE 4
as set forth in Exhibit B attached hereto and incorporated herein by reference.
Section 5. Amendment. The Federal Way City Code, Sections 22-1596 - 22-1603,
is amended as set forth in Exhibit C attached hereto and incorporated herein by reference.
Section 6. Amendment. The Federal Way City Code, Section 22-1601 is amended
as set forth in Exhibit D attached hereto and incorporated herein by reference.
Section 7. Severability. The provisions of this ordinance are declared separate
and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to other
persons or circumstances.
Section 8. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 9. Effective Date. This ordinance shall take effect and be in force thirty
(30) days from the time of its final passage, as provided by law.
PASSED by the City Council of the City of Federal Way this
, 1999.
CITY OF FEDERAL WAY
day of
ATTEST:
MAYOR, RON GINTZ
CITY CLERK, N. CHRISTINE GREEN, CMC
ORD # 99-348, PAGE 5
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:~oRD~signcode.99
ORD # 99-348, PAGE 6
STAFF REPORT TO THE
CITY OF FEDERAL WAY
PLANNING COMMISSION
Date:
Applicant:
Proposed Action:
Staff
Representative:
Staff
Recommendation:
June 2, 1999
City of Federal Way
Amend the Sign Article of the Federal Way City Code to Address Missing
or Limited Definitions and Clarify Selected Issues
Martin Nordby, Code Compliance Officer
Amend Code as Outlined by Staff Recommendation
I. INTRODUCTION
This staff report covers several proposed amendments to the sign regulations in the zoning
chapter of the Federal Way City Code (FWCC). A total of 24 specific issues have been
identified and proposed for amendment, most deal with the addition of definitions for terms
used in the existing code that are not defined, or the existing definitions lack clarity thus
making interpretation difficult and necessary. Some changes reflect experience with the
code and are recommended to improve the code to accommodate issues not anticipated
when the code was initially written. SEPA review is not required for these amendments.
II. BACKGROUND
The current sign code was adopted by the City Council in June of 1995 after more than a
year of work involving a citizen's advisory committee plus several months of Planning
Commission hearings and debate. The City Council also spent a considerable amount of
time making changes to the draft code and debating the merits of many aspects of the
amendment. However, as with any regulation, especially one so complex and with such a
significant impact on the business community, not every issue or affect can be anticipated.
When the city of Federal Way incorporated in 1990, the City Council adopted zoning
regulations patterned after those in Kirkland. This included sign regulation. It was apparent
after a short period of time these standards did not reflect the retail and business character of
Federal Way, so development of a revised or new code was authorized. The intent was to
provide for signage more appropriate to Federal Way's needs, yet maintain control over
significant issues related to design aesthetics and sign clutter.
The current code significantly increased permitted sign area for both building mounted and
freestanding signs over the original code. It also established provisions (High Profile
standards) for large retail developments such as Pavilions Centre and SeaTac Mall. The
original code made no accommodation for larger retail developments. The new code also
placed greater controls on temporary signs and emphasized strong enforcement. In essence,
the new code was developed virtually from scratch. Little of the original code remained in
the new ordinance.
Many of the proposed amendments are simply to add definitions for terms that were not
included in the 1995 code revision. Other revisions are needed to deal with rulings by made
by the Federal Way Hearing Examiner or to clarify terms or standards that have required
interpretation by the Director of Community Development Services and deal with specific
issues identified by the City Council.
Below is a review of several of the proposed amendments identified by staff and revised by
the Land Use and Transportation Committee (LUTC). Those issues that are essentially
straight forward, such as missing basic definitions or missing references to process and
procedures changed by separate amendments (i.e., updating of the review and public
hearings processes), are included in the draft amendment without additional discussion in
this report. However, items involving more complex issues or needing additional
explanation are detailed below. A summary of all changes is included for your reference.
Pump Topper Signs
The Federal Way Hearing Examiner ruled in a civil citation appeal that pump topper signs
had to be permitted as a point of purchase sign. Currently, the code does not define a "pump
topper," nor does it have standards as to size and number. Until this ruling these types of
signs had not been permitted. The Examiner's ruling limited the message on the sign to
something related to the product (e.g., the gasoline) or its related purchase (e.g., paying with
a credit card or ATM at the pump) and did not cover other items not available for purchase
at the pump.
Staffare recommending size and number limits on these signs be added to the code. An
August 4, 1998, interpretation by the department director limits the size of such signs to no
greater than t~vo square feet and no more than one per point of purchase. This interpretation
has been used as the standard for the amendment. See Exhibit C, page 6, number 61, and
page 11, poi~Tt of purchase displays, number (s).
Staff Report Page 2 Sign Regulations
Normal Maintenance
Sign permits are required for any work on signs except maintenance. The question has arisen
whether sign permits should be required for panel changes in existing signs that are not
otherwise being modified. The code language for "Normal maintenance - signs" is in the
regular zoning definitions section (FWCC Section 22-1) and was added after adoption of the
revised sign code in 1995. In the revised sign code is also a definition of"maintenance."
These definitions differ in their specificity. To resolve this issue, the definition of "Normal
Maintenance - signs" in FWCC Section 22-1 can be removed and the definition for
"maintenance" in the sign section amended to include a change in the sign panel as a
maintenance issue not requiring a permit. See Exhibit C, page 5, number 47.
In addition, a number of other sign related definitions from the original 1990 code remained
in Section 22-1. These duplicate definitions have been deleted to avoid conflict with the
newer definitions and keep all sign related terms with that section of the code. Terms not
included or missing from the new code have been transferred to the definitions section of the
sign code found at Section 22-1597. See Exhibit A.
Subdivision Signs
This issue was brought to the LUTC's attention in 1997. Council gave direction at the time
to make some changes to the code that would make more subdivision signs conforming. In
many cases there is no longer an active homeowners association or architectural control
committee with whom the city can deal with in resolving potential nonconformances. This
also complicates compliance for these signs.
Council direction on code changes for subdivision signs has been incorporated into this
proposed amendment. The desired result will be to bring as many of these signs into
conformance as is reasonably possible. This amendment proposes to increase the aggregate
permitted area for subdivision signs and add pedestal, pylon, and pole signs to the permitted
type. The maximum permitted height would remain the same. Subdivision signs would also be
permitted to be located on a fence or architectural feature, and would be excluded from
setback requirements, except for sight distance requirements. See Exhibit C, Table 2, page 15.
Special Sales and Promotional Events
The original sign code allowed building mounted special sale and promotional banners for
120 days per calendar year. Permit approval was not required. No sign was to be up for any
longer than 30 days. Without a method by which the city could monitor what signs had gone
up at what time it was difficult to determine how long any one sign had been erected. The
1995 code revision added permit requirements for most temporary signs, including sale and
promotional signs, and shortened the time from 120 days to 30 days per year. Section 22-
1600, Table 1, limits special sales and promotional signs to 30 days within a calendar year.
The requirement for a temporary sign permit has simplified monitoring of promotional
signs, reduced clutter, and enstired that banners which have been up longer than 30 days, or
Staff Report Page 3 Sign Regulations
shorter if the permit was for a shorter time period, are removed. However, the extreme
reduction in time has also elicited considerable comment from the retail business
community who want more opportunities during the year to advertise special events or
promotions.
The proposal is to extend the 30 day per year allowance to 90 days. This remains less than
the original allowance of 120 days per year. No one business, however, would be permitted
more than four permits per year regardless of whether the total length of time used added up
to 90 days. See Exhibit C, Table 1, page 14.
Daycares in Residential Zones
Daycares do not have sign provisions when located in residential zones, though they are an
allowed use. Using a December 19, 1998, interpretation issued by the department director,
sign provisions for daycares have been added to Table 2. Table 2 covers sign requirements
for uses located in residential zones. These provisions apply only to commercial daycares, or
daycares attached to a church or synagogue, and do not apply to class II home occupation
(e.g., in-home daycare). See Exhibit C, Table 2, page 16.
Building Mounted Signs
A multi-tenant complex can choose not to display a freestanding sign. The code permits a
center identification sign (CID) to be a wall mounted sign but does not include any size or
number limits. The amendment recommends an additional wall mounted sign of seven
percent of the exposed building face be permitted in addition to any permitted individual
tenant signs. The building mounted CID sign would be limited to a maximum of 240 square
feet. See Exhibit C, page 21, number 3.
Landscaping
Landscaping has been required around freestanding or ground mounted signs since 1990.
The wording in the original sign code is virtually identical to that used in the 1995 sign code
revision (Section 22-1602[E]). The most significant change is a limitation to the total
amount of landscaped area required. The original code did not set a maximum required
landscaped area. However, the type of vegetation to be used has not been defined, nor are
there requirements that it be maintained.
Landscaping requirements not only serve an aesthetic purpose but also improve safety,
especially in those situations where no other landscaping exists in the area of the sign. A
landscaped area around a sign can reduce the possibility that during a vehicle accident the
vehicle will hit the sign structure.
Staff are recommending language be included in Section 22-1602(E) that identifies the
general types of vegetation recommended and establishes a performance standard for the
first two years for maintenance and growth. See Exhibit C, page 24, number E.
Staff Report Page 4 Sign Regulations
ql¢
Sign Area Transfer
Section 22-1601 (B)(4) permits signs to be transferred from one wall to another. Howe~cer,.
the aggregate sign area for that wall cannot exceed the allotted maximum. The proposed
amendment more specifically reiterates this limitation. See Exhibit C, page 21, number 4.
Community Service Event or Civic Event
Historically, these events have been narrowly defined to include mostly annual events such
as Family Fest, Salmon Bake, or Bite of Federal Way, etc. This has excluded other regular
cultural events such as theater productions and musical concerts. The proposed amendment
broadens the definition for this type of event to specifically include charity and cultural
gatherings. A standard for sign size and number have also been added to reduce the need for
staff to evaluate applications and make judgements on a case-by-case basis. See Exhibit C,
Table 1, page 14.
III. CONCLUSION
Forward the proposed amendments as presented to the City Council for consideration.
IV. EXHIBITS
Exhibit A
Exhibit B
Exhibit C
FWCC 22-1, Definitions
FWCC 22-335, Nonconforming Signs
FWCC Chapter 22, Article XVII, Signs
I:\D( )CUMENTxSignregsXAMN DRPT2.WPD
Staff Report
Page 5
Sign Regulations
ADDENDUM TO STAFF REPORT
OF JUNE 2, 1999
CITY OF FEDERAL WAY
Sign Code Amendments
Multi-Tenant Centers
with Distinct Parcels/Tenants
Date:
Staff
Representative:
Staff
Recommendation:
October 29, 1999
Martin Nordby, Code Compliance Officer
Adopt one or a combination of the outlined options for multi-tenant site
with multiple pads.
I. BACKGROUND
On February 28, 2000, the sign amortization period for all signs in Federal Way will end. All
nonconforming signs will be required to meet current sign code requirements. As the end of the
amortization period nears for businesses with nonconforming signs, a significant issue affecting
multi-tenant complexes has arisen. A number of multi-tenant centers within the medium profile
category contain single, separate pads or parcels. Many of these single tenants currently have
their own freestanding signs.
Many of these single tenant businesses are located on pads distinct from the adjacent multi-tenant
center. These parcels can stand alone as if they were individually developed properties. They
meet many or all the zoning requirements that apply to an individual development. They contain
adequate parking and landscaping, and meet the setback requirements for the zone in which they
are located.
The Federal Way City Code (FWCC) establishes a definition for "subject property." That
definition is needed to delineate the parcel or parcels involved in a development or are subject to
the city's development regulations. This definition is used to define the entire scope of the
property to be developed. Two criteria used by staff to define a subject property include the
current or proposed architectural style of the buildings and whether the parcels are held in
common ownership.
However, this definition of subject property can confine a property owner' with adjacent parcels
that might otherwise not be included as part of that development or subject property for the
purposes of determining signage. The definition of subject property in the FWCC states:
"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."
An example of this situation is the Red Lobster Restaurant. This business fronts South 320th
Street across from SeaTac Mall and is directly south of the Center Plaza complex. Both the
restaurant and the plaza properties are owned by Andrew Cratsenberg. The criteria used by staff
to define a subject property would include the restaurant property as part of the Center Plaza
because of the common ownership. This could require Red Lobster to remove its sign even
though the parcel is separate from the Center Plaza parcel and can stand alone for parking,
landscaping, and setback requirements.
Another example is the Rite Aid - Safeway shopping center located at S W 336th and 21 st Ave
SW. This site contains several separate parcels that include a Washington Mutual Bank at the
comer, a Godfather's Pizza restaurant, and a Dairy Queen restaurant. All are located on separate
parcels and each building is distinct in design from the main shopping center complex.
II. PROPOSED AMENDMENT OPTIONS
Staff is proposing an amendment to the medium profile sign category be made allowing an
applicant to have an additional sign when certain criteria are met. There are three options
outlined below for establishing the criteria. The potential amendment could use one or a
combination of these three options to establish the appropriate criteria:
1)
The parcel for which an additional/separate sign would be considered must be able to stand
alone as to code requirements for parking, setback, landscaping, and other relevant zoning
requirements, except street access; is a separate and distinct parcel; and is not otherwise tied
to the adjacent development's architectural theme or style and contains only a single tenant;
or
2) The subject property is a separate parcel adjacent to more than one street frontage; or
3) The parcel has separate~ownership or is subject to long term lease conditions and also meets
the conditions in number 1.
Addendum to Staff Report
Page 2
Sign Code Amendments
The intent of these options is to appropriately identify a distinct business or use that might
otherwise be entitled to their own freestanding sign were they not in some way associated with a
multi-tenant c~nter. However, each has different implications when applied to specific sites or
situations. FWCC Section 22-1601.2 governing Medium Profile free standing signs could be
amended to add one or a combination of these options. The permitted additional signage could
follow existing criteria for a medium profile site or establish a specific allowance for this
situation.
III. SUMMARY
A number of sign codes from Puget Sound area cities, plus cities from around the country
(including Raleigh, NC, from which we derived the low/medium/high profile concept) were
reviewed to see how they might handle similar situations. Few address this issue directly.
However, most have some method for permitting additional signage in m~lti-tenant centers when
certain criteria are met. Most often this has to do with the overall size of the parcel or length of
street frontage. One city determined whether additional signage is permitted based on the
distance of the secondary tenant to the primary structures. In the case of Raleigh, all multi-tenant
developments are required to enter into what could be described as a "binding sign plan" with the
city.
The intent of this requested amendment is to reduce confusion for the business operator and/or
property owner, clarify the code as it relates to a common development situation, and provide a
reasonable option for those sites to have appropriate business identification without adding to the
problem of sign clutter.
IV. EXHIBITS
A) Site Map of Center Plaza Property
B) Site Map of Rite Aid - Safeway Center
f :'~OCUM EN T~ IG N R~GS~ ddendum wpd
Addendum to Staff Report
Page 3
Sign Code Amendments
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Federal Way
CityMap
Note: This map is intended f~r use a~ a graphical repre.,;entation .'~ly.
Exhibit A
Federal Way City Code
Sec. 22-1. Definitions.
ARTICLE I. IN GENERAL
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, by the owner, of right or claim to the subject
property or structure on that property, without any intention of transferring rights to the property or
structure to another owner, tenant, or lessee, or of resuming the owner's use of the property.
"Abandoned" shall include but not be limited to circumstances involving tax forfeiture, bankruptcy, or
mortgage foreclosure.
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
housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation.
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.
Accessory living facility shall mean an area or structure on the subject property, which is accessory
to a permitted use on a commercial subject property, providing provisions for living, cooking, sleeping
and sanitation for an employee on the subject property and that employee's family, or for the business
owner/operator and that person's family.
Adjoining shall mean property.that touches or is directly across a street from the subject property.
For the purpose of height regulations, any portion of a structure which is more than 100 feet from a iow
density zone is not considered to be adjoining that zone.
Adult entertainment activity or use shall mean all of the following:
(~)
Adult theater shall mean a building or enclosure or any portion thereof used for presenting
material distinguished or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas (defined 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:
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, even if completely and opaquely
covered.
b. Specified sexual activities shall mean all of the following:
1. Human genitals in a 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.
(2) Adult bookstore shall mean an establishment which in whole or in portion thereof has a
substantial or 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 "speciOed sexual activities" or "specified anatomical areas" and which excludes
minors$~ 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 shall mean soil deposits transported by surface waters.
Antenna(e) shall mean any system of electromagnetically tuned wires, poles, rods, reflecting discs
or similar devices used to 'transmit or receive electromagnetic ~vaves between terrestrian and/or orbital
based points, includes, but is not limited to:
(1) Omni- .~ctional (or "whip") antenna(e) transmits and receives radio frequency signals in a
360-deg-?-fe radial pattern.
-2-
(2) Directional (or "panel") antenna(e) transmits and receives radio frequency signals in a specific
directional pattern of less than 360 degrees.
(3) Parabolic antenna(e) (or dish) antenna(e) is a bowl-shaped device for the reception and/or
transmission of communications signals in a specific directional pattern.
(4)
Ancillary antenna is an antenna that is less than 12 inches in its largest dimension and that is
not directly used to provide personal wireless communications services. An example would be
a global positioning satellite (GPS) antenna.
Applicant shall mean both of the following, depending on the content:
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.
Bulkhead shall mean a wall or embankment used for retaining earth.
Business college shall mean a post secondary institution that offers instruction in business principles
and practices that will enhance one's ability to perform in a business setting, i.e., secretarial, accounting,
purchasing, computers.
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.
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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:
(I) Hours of operation;
(2) Required parking;
(3) Traffic generation;
(4) General appearance;
(5) Type, extent or amount of indoor or outdoor storage; and
(6) Constituents of surface water discharge or runoff.
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 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 H home occupation shall mean those family child care homes that qualify under section 22-
1069.
College or university shall mean a post-secondary institution for higher learning that grants
associate or bachelor degrees and may also have research facilities and/or professional schools that grant
master and doctoral degrees. This may also include community colleges that grant associate or bachelor
degrees or certificates of completion in business or technical fields.
Collocation shall mean the placement and arrangement of multiple providers' antennae and
equipment on a single support structure or equipment pad area.
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, CC-C and CC-F zoning districts.
Common recreational open space usable for many activities shall mean any area available to all of
the residents of thc subject property that is appropriate for a variety of active and passive recreational
activities (including activities suitable for all age groups) and is not:
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(1) Covered by buildings or parking or driving areas.
(2) Covered by any vegetation that impedes access.
(3) On a slope that is too steep for recreational activities.
Community 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.
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 treatment and may
include assisted living facilities.
Cross section (drawing) shall mean a visual representation ora 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.
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.
Deve/opmentpermit 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.
Domextic 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.
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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.
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 unit shall mean one or tnore 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:
Dwelling unit, attached, 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 unit, detached, 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 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.
EMF means Electromagnetic Field, which is the field produced by the operation of equipment used
in transmitting and receiving radio frequency signals.
Equipment shelter shall mean the structure associated with a PWSF that is used to house electronic
swit~:hing equipment, cooling system and back-up power systems.
Erosion and deposition shall mean the removal of soils and the placement of these removed soils
elsewhere by the natural forces of wind or water.
Essentialpublicfacility is any facility or conveyance which has the follo~ving attributes:
(1) It is typically difficult to site due to unusual site requirements and/or significant public
opposition;
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(2)
(3)
(4)
It is necessary component of a system, network or program which provides a public service or
good;
It is owned or operated by a unit of local or state government, private or nonprofit organization
under contract with or receiving government funding, or private finns subject to a public
service obligation;
It meets a general and/or specific category for facility types or individual facilities listed below
in class I and class II essential public facilities,
a. Class I: Facilities of a county, regional or state-wide nature. Those essential public
facilities intended to serve a population base that extends significantly beyond the
boundaries of the city, and which may include several local.jurisdictions or a significant
share of the Puget Sound regional population. Such facilities may include, but are not
limited to, the following:
1. State or regional education facilities (except minor branch facilities)
a. Research facilities
b. University branch campuses
c. Community college
2. State or regional transportation facilities
a. Light and/or standard rail lines
b. Commuter terminals
c. Transit centers
d. Park and ride lots in residential zones
3. State or regional correctional facilities
4. Solid waste handling facilities (large scale)
a. Transfer station
b. Recycling center
5. Sewage treatment plants
6. Power plants
b. Class Il: Facilities ora local nature. Those essential public facilities that are intended to
meet the service needs of the local community. In any cases local facilities are
characterized by providing some type of in-patient care, assistance, or monitoring. Such
facilities may include, but are not limited to the following:
1. Substance abuse facilities
2. Mental health facilities
3. Group homes/special need housing
4. Local schools
a. Elementary school
b. Middle school
c. High school
5. Social service transitional housing
a. Domestic violence shelter
b. Homeless shelter
c. Work-release
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 U.S.C. 3604(f)(3)(b).
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:
(1) Limited menu of easily produced items.
(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.
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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 shall 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.
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 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
impermeable 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.
Any are a potentially unstable as a result of rapid stream incision, stream bank erosion or
undercutting by wave action.
Any area located in a ravine or on an active alluvial fan, presently or potentially subject to
inundation by debris flows or flooding.
Those areas identified by the United States Department of Agriculture Soil Conservation
Service as having a severe limitation for building site development.
Those areas mapped as class u (unstable), uos (unstable old slides), and urs (unstable
recent slides) by the department of ecology.
g. Slopes having gradients greater than 80 percent subject to rockfall during seismic
shaking.
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(3)
Seismic hazard areas are those areas subject to severe risk of earthquake damage as a result of
seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface
faulting. These conditions occur in areas underlain by cohesionless soils of low density usually
in association with a shallow groundwater table.
(4)
Steep slope hazard areas are those areas with a slope of 40 percent or greater and with a
vertical relief of ten or more feet, a vertical rise of ten feet or more for every 25 feet of
horizontal distance. A slope is delineated by establishing its toe and top, and measured by
averaging the inclination over at least ten feet of vertical relief.
Glare shall mean both of the following:
(1) The refl6ction of harsh, bright light.
(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.
Grossfloor 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 wail.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.
Group Home Type H 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
needing 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 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 Type III classification.
Group Homes Type II-A: Maximnm number of 12 residents including resident staff.
Group Homes Type II-B: Thirteen 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 Il 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).
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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.
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 ali 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.
Heavy equipment shall mean high capacity mechanical devices for moving earth or other materials,
~nobile power units, including but not limited to carryalls, graders, loading/unloading devices, cranes,
drag lines, trench diggers, tractors over 80 HP, augers, caterpillars, concrete mixers and conveyors,
harvesters, combines, or other major agricultural equipment, and similar devices operated by mechanical
power as distinguished from manpower.
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 ora 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 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.
[[ospital shall ~nean an institution providing primary health services and medical or surgical care to
persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal
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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.
Hotel or motel shall mean a single building or group of buildings containing individual sleeping
units intended for 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 the BP zoning district.
Inoperable motor vehicle shall be any vehicle that has been in a stationary position for more than 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 often 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.
Irrevocable license shall mean a written irrevocable permission given by a property owner to the
city for specified purposes.
Issuance, when used with respect to a decision of the director of community development services or
a decision of the hearing examiner issued under this chapter, shall mean the date that is three days after
the date the written decision of the director or hearing examiner is mailed. Proof of mailing shall be by
affidavit or by declaration under penalty of perjury.
Issuance, when used w/th respect to a city council decision made by ordinance or resolution while
sitting in a quasi-judicial capacity, shall mean the date on which the council passes the ordinance or
resolution, as evidenced by the date of passage indicated on the face of the ordinance or resolution.
dunk shall mean old or scrap metal, rope, rags, batteries, paper, rubber, machinery, scrap wood,
debris, trash, or junked, dismantled, wrecked or inoperable motor vehicles or parts thereof.
dunk or junked vehicle shall mean any vehicle substantially meeting at least two of the following
conditions:
(a) Is extensively damaged, such damagc including but not limited to any of the following: A
broken window or windshield or missing wheels, tires, motor, or transmission;
(b) Is apparently inoperable;
(c) Is without a current, valid registration plate.
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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 ali 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
access easements or tracts which serve the subject property and adjacent unopened and/or unimproved
rights-of-way.
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).
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.
Mean sea level shall mean the level of Puget Sound at zero tide as established by the U.S. Army
Corps of Engineers.
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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.
Microcell means a wireless communication facility consisting of an antenna that is either: (i) four
feet in height and with an area of not more than 580 square inches; or (ii) ifa tubular antenna, no more
than four inches in diameter and no more than six feet high.
Minor facility means a wireless communication facility consisting of up to three antennas, each
which is either (i) four feet in height and with an area of not more than 580 inches; or (ii) ifa tubular
antenna, no more than four inches in diameter and no more than six feet in length; and the associated
equipment cabinet that is six feet or less in height and no more than 48 square feet in floor area.
Minor stream shall mean any stream that does not meet the definition of major stream.
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.
Noise shall mean the intensity, duration and character of sound from any and ali sources.
Nonconformance shall mean any use, structure, lot, condition, activity or any other feature or
element of private or public property or the use or utilization of private or public property that does not
conform to any of the provisions of this chapter or that was not approved by the City of Federal Way
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.
Norr. Tal maintenance shall mean normal maintenance 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.
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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.
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, OP and CP zoning districts.
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:
(I) The travel crosses the right-of-way at a perpendicular intersection, or
(2) The right-of-way is controlled by the property owner and is inaccessible to the public (see
WAC 173-303-040(39)).
Open record hearing shall mean a hearing that creates the city's record of decision for an
application or appeal through testimony and submission of evidence and information, under procedures
prescribed by the city's hearing examiner or the city council. An open record hearing may be held prior
to the city's decision on an application, or as part of an appeal.
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.
OrdinaO' high-w~zter mark shall mean on lakes, streams and 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 >,ears, as to mark upon the soil or land a
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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.
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.
Person shall mean any individual, partnership, association, corporation, unit of government or any
other legal entity.
Personal wireless services means commercial mobile services, unlicensed wireless services, and
common carrier wireless exchange access services, as defined by federal laws and regulations.
Personal wireless service facility (PWSF) means a wireless communication facility, including a
microcell, that is a facility for the transmission and/or receiption of radio frequency signals, and which
may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve
the necessary elevation, and reception and transmission devices and antennas.
Preapplication conference shall mean a meeting, between an applicant and members of the
development revie~v committee, which is held prior to formal application, during which the project is
discussed relative to city and other pertinent codes and/or regulations.
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.
Princi?al use shall mean the primary or predominant use of any lot or parcel.
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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.
Property l/ne 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:
(i)
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.
(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.
Publicpark 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.
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Regulated lakes shall mean the following wetlands as shown in the King County Wetlands
Inventory Notebooks, Volume 3 South:
(1) Lower Puget Sound 6, 7, 12, 15, 16 and 17.
(2) 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 sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas, 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 I 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.
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.
Residentia! use shall mean developments and occupancy in which persons sleep and prepare food.
other than developments used for transient occupancy.
-18-
Residentialzone shall mean the following zones: SE, RS 35.0, RS 15.0, RS 9.6, RS 7.2, RS 5.0, RIM
3.6, RM 2.4, RM 1.8 and comparable zones in other jurisdictions.
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 establish~nent 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.
Retail sales, bulk shall mean a retail establishment engaged in selling goods or merchandise to the
general public as well as to other'retailers, contractors, or businesses, and rendering services incidental to
the sale of such goods. Bulk retail involves a high volume of sales of related and/or unrelated products in
a warehouse setting and may include membership warehouse clubs, i.e., "big box" retail. Bulk retail is
differentiated from general retail by any of the following characteristics:
(a)
Items for sale include large, categorized products, e.g., lumber, appliances, household
furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock,
etc.; and may also include a variety of carry out goods, e.g., groceries, household, and personal
care products;
(b) A large inventory of goods and merchandise is stored on the subject site in high-ceiling
warehouse areas, high-rack displays, and/or outdoor storage areas; and
(c) High volume truck traffic, regular pick up and delivery of large items, a designated contractor
pick-up area, and high parking to building ratios.
Retail sales, general and specialty is differentiated from bulk retail by the size of the building, size
of items purchased and sales volume. General and specialty retail includes the sale of smaller items such
as groceries, drug store sundries, specialty hardware, paint supplies, and sports equipment, etc. Typically
not a discount or volume warehouse store. Typical user is the general public.
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.
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) In good health; and
(3)
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 houxekeeping unit shall mean an individual or two or more individuals related by not more
than four degrees of affinitv or consanguinity and including persons under legal guardianship, or a group
of not more than three persons xvho are not related by four or fewer degrees of affinity or consanguinity;
provided, howex er, that any limitation on the number of residents resulting from this definition shall not
- 20-
be applied if it prohibits the city from making reasonable accommodations to disabled person 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 definition of"Type A," above.
Maximum number to be determined on a case by case basis.
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
person 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).
Special needs housing shall mean housing not specifically 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 environmentalpolicy act shall mean RCW ch. 43.21C.
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. Ifa 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 shall 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) A public right-of-way.
(2) A vehicular access easement or tract.
-21 -
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 alterations shall mean any change in the supporting member of a building or structure.
Structured parking shall mean parking provided on more than one level and within a structure,
either above-or below-grade. Structured parking shall not include a surface parking lot.
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.
Support structure shall mean any built structure, including any guy wires and anchors, to which
antenna and other necessary associated hardware is mounted. Support structues may include the
following:
(1) Lattice tower. A support structure which consists of a network of crossed metal braces,
forming a tower which is usually triangular or square in cross-section.
(2) Guy tower. A support structure such as a pole or narrow metal framexvork which is held erect
by the use of guy wires and anchors.
(3) Monopole. A support structure which consists of a single steel or wood pole sunk into the
ground and/or attached to a concrete pad.
(4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with
certain conditions.
Tenant improvement shall mean any work, improvement or remodeling completely within the
interior of a building necessary to meet the varied requirements of continuing or succeeding tenants.
Threshold determination shall mean the decision by the responsible official (the community
development services director) whether or not an Environmental Impact Statement (EIS) is required for
projects that are not categorically exempt under the State Environmental Policy Act (SEPA).
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.
Trade (or vocatb)~al) school shall mean a post-secondary institution that trains persons for
qualification in specific trades or occupations, i.e., mechanics, construction, electronics, plumbing, chefs,
upholstery, bartending
- 22 -
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.
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 facilities benefiting nearby properties or the
public.
Waterward 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 trade 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 within the municipal boundaries.
(Ord. No. 90-43, § 2(3.10), 2-27-90; Ord. No. 90-51, {}ss 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; Ord. No. 94-223 SS 3(A), 10-
18-94; Ord. No. 95-245. § 3(A), 11-21-95; Ord. No. 96-269, § 3, 6-18-96; Ord. No. 96-270, § 3(A), 7-2-96; Ord. No. 97-295. §
3, 5-20-97; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 97-300, § 3, 9-16-97; Ord. No. 97-307, § 3.
12-16-97)
Cross reference(s)-Definitions and rules of construction generally, § I-2.
-23 -
Exhibit B
Federal Way City Code
Sec. 22-335. Nonconforming signs.
Sec. 22-335. Nonconforming signs.
(a) Purpose. In order to ease the economic impact of this code on businesspersons with substantial
investment in signs in existence on the date of adoption of this code, this section provides for up to ten
years of continued use of a nonconforming sign in its existing state. During this period, it is expected that
the sign may be amortized in its value over this ten-year time period and/or may be amortized for federal
income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not
affect the application of this section.
(b) Definitions. A nonconforming sign shall mean any sign as defined by section 22-1597 which
was legally in existence on the effective date of this code, February 28, 1990 but which does not comply
with the sign regulations of Article XVIII, "signs" or any other sections of this code. Any words, terms
or phrases used in this section and which are not otherwise defined shall have the meanings set forth in
sections 22-1 and 22-1597 of this Code.
(c) Legal nonconformance.
(1)
Eligibility. Any nonconforming sign located within the city limits on the date of adoption of
this code, February 28, 1990, or located in areas annexed to the city thereafter which does not
conform with the provisions of this code, is eligible for characterization as a legal
nonconforming sign provided it meets the following requirements:
(i) The sign was covered by a sign permit on the date of adoption of this code, if one was
required under applicable law; or
(ii) If no sign permit was required under applicable law for the sign, the sign was in all
respects in compliance with applicable law on the date of adoption of this code.
(2)
Allowed All legal nonconforming signs are allowed subject to all permit requirements, the
provisions covering loss of legal nonconforming status and other limitations set forth in this
section.
(3) Exclusions. No temporary signs, portable signs, special signs, or incidental signs shall be
eligible for characterization as legal nonconforming signs.
(d) Legal nonconforming sign permit.
(1)
Required A legal nonconforming sign permit is required for each legal nonconforming sign.
The permit shall be obtained by the sign user or the sign owner, or the owner of the property
upon ~vhich the sign is located, within 60 days of notification by the city that the sign is legal
nonconforming. The permit shall be issued for no fee and shall expire at the end of the
applicable amortization period prescribed in FWCC 22-335(E).
(2)
Necessary information. Applications for a legal nonconforming sign permit shall contain the
name and address of the sign user, the sign owner and the owner of the property upon which
the sign is located, and such other pertinent information as the director of community
development may require to ensure compliance with the code, including proof of the date of
installation of the sign.
(3)
Failure to comply. A legal nonconforming sign for which no permit has been issued within the
60-day period shall within six months be brought into compliance with the code or be
removed. Failure to comply shall subject the sign user, owner and/or owner of the property on
which the sign is located to the remedies and penalties of section 22-1604.
(e) Amortization. All legal nonconforming signs shall be discontinued and removed or made
conforming within ten years from the effective date of this code, on or before February 28, 2000, and all
signs which are made nonconforming by a subsequent amendment to this code shall be discontinued and
removed or made conforming within five years after the date of such amendment (collectively the
"amortization period"). Upon the expiration of the amortization period, the sign shall be brought into
conformance with this code, with a permit obtained, or be removed. A sign prohibited pursuant to section
22-1600 may not be brought into conformance and must therefore be immediately removed upon the
expiration of the amortization period.
( f) Extension or exemption from amortization period.
(1) Applicability. This subsection applies to any sign which is required to be removed pursuant to
subsection (e) of this section following expiration of the amortization period.
(2)
Purpose. A sign amortization exemption or extension is a mechanism by which the city may
provide relief from the effect of the sign amortization program when its enforcement would
fail to noticeably improve the appearance of the neighborhood and the city any when a
hardship ~vould result from its enforcement.
(3)
Who may apply, the property owner or the person displaying the sign which is required to be
removed pursuant to subsection (e) of this section may apply for a sign amortization extension
or exemption.
(4) Decisional criteria. An application for a sign amortization exemption or extension may be
approved or approved with modification if it satisfies all of the following criteria:
(a) The sign is compatible with the architectural design of structures on the subject property.
(b)
The sign substantially complies with the requirements of the sign code for the land use
district in which it is located. For purposes of this subsection, "substantial compliance"
shall mean that the height of the sign is within ten percent of the sign height required by
Article XVIII of this code and that the sign area of the sign is within 20 percent of the
sign area required by article XVIII of this code. Minor deviations from these percentages
may be approved by the administrator if he or she concludes that the resulting sign is
harmonious with the character of the primary structures on the subject property and with
the signs and structures on surrounding properties;
(c)
The enforcement of this code would result in a substantial hardship to the applicant due to
the size, shape, topography, location or surroundings of the subject property and such
hardship xvas not created by any action of the applicant or would result in a substantial
-2-
economic hardship to the applicant because the applicant erected a sign, or made an
application for a sign permit, between February 28, 1990 and June 6, 1995 in compliance
with the existing sign code.
(d) The sign complies with the city's minimum sign distance at intersection requirements
pursuant to section 22-1151 et seq.;
(e) If illuminated, the sign is oriented away from residentially developed or zoned property or
is adequately screened so that the source of light is not correctly visible;
(f) It is consistent with the city' comprehensive plan; and
(g) It is consistent with the public health, safety and welfare.
(5)
Applicable procedure. Except as otherwise provided by this subsection (f), the city will
process an application for a sign amortization exemption or extension through Process I,
Ar:ir. lc VI of this code.
(g) Loss of legal nonconforming sign status. All nonconforming signs shall be immediately
removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor,
and such nonconforming sign shall immediately lose its legal nonconforming designation when one or
more of the following events occurs:
Structural changes. The applicant is making structural alterations or increasing the gross floor
area of any structure that houses or supports the use with which the legal nonconforming sign
is associated;
(2)
Other alterations. The applicant is making any change, alteration or performing work other
than normal maintenance or other than tenant improvements, in any 12-month period to any
structure that houses or supports the use with which the nonconforming sign is associated and
the fair market value of those changes, alterations or other work exceeds 25 percent of the
assessed value of that structure as determined by the King County Assessor;
(3)
Abandonment or business cessation. The subject property containing the sign is abandoned for
90 or more consecutive days or the activity, conducted on the subject property ceases for 180
consecutive days;
(4)
Sign alterations. The applicant is making changes, alterations or performing any work to the
legal nonconforming sign other than regular and normal maintenance. Prohibited sign
alterations include relocating the sign or replacing the sign; provided, however, that replacing
any individual tenant's identification sign in either a center identification sign which separately
identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal
nonconforming sign designation.
(5) Change in use. Them has been a change in use on the subject property as that term is defined
by section 22-1 of this code.
-3-
(6) Change in tenant. There has been a change in tenant or business on the subject property.
In connection with any multiuse or multitenant complex, the foregoing events which require that a
nonconforming sign be either removed or brought into conformance with this code, shall apply only to
the individual owner's or tenant's building mounted or freestanding signs who has triggered the
elimination of the legal nonconformance and not to the other signs located on the subject property,
including any copy change in a center identification or tenant directory sign in order to include such
tenant's name.
(h) Historic signs. Nonconforming on-site historical signs may be retained through Process II,
Article VII of this code, if the sign is determined to be of historic significance by satisfying all of the
following criteria:
(1) The sign is used in connection with a building which has been designated as a historic building
pursuant to any federal, state or local preservation authority;
(2) The subject sign or signs are substantially unchanged or unaltered since initial installation;
(3) The subject sign or signs are a good example of the prevailing signage during the period in
time it was installed; and
(4) The subject sign or signs have been well maintained and are not materially detrimental to the
public health, safety and welfare.
(i) Exemption. The city may elect not to apply any provisions of this section 22-335 if the removal
of a sign would require the city to pay compensation under any federal, state or other law, including
RCW ch. 47.42.
(Ord. No. 90-43, § 2(165.35(5)), 2-27-90; Ord. No. 91-113, § 4(165.35(5)), 12-3-91; Ord. No. 92-135, §
3(165.35(5)), 4-21-92; Ord. No. 92-144, § 3(165.35(5)), 6-16-92; Ord. No. 95-235, § 3, 6-6-95; Ord. No.
97-307, § 3, 12-16-97)
Cross reference(s)--Sign regulations, § 22-1596 et seq.
-4-
Exhibit C
Federal Way City Code
Article XVIII. Signs
ARTICLE XVIII. SIGNS*
'Editor's note-Ord. No. 95-235, 8 4, adopted June 6, 1995, deleted former Art. XVIII, 88 22-1596-22-1619, relative to
signs, and enacted a new Art. XVill to read as herein set out. The provisions of former Art. XVIII derived from Ord. No. 90-43,
8 2, adopted Feb. 27, 1990.
Cross reference(s)--Sign, code and construction standards, 8 5-281 et seq.; signs in parks and recreation areas restricted, §
I 1-85; sign nonconformance must be immediately brought into conformance with the applicable provisions of the zoning
regulations, 8 22-330; requirements for conformance of nonconforming signs, 8 22-335; district regulations, 8 22-571 et seq.;
supplementary district regulations, § 22-946 et seq.; required screening for rooftop appurtenances, 8 22-960; site distance
requirements at intersections, § 22-1151 et seq.
Sec. 22-1596. Purpose.
It is the purpose of this article to balance public and private needs. Within this broad purpose are the
following objectives:
(1) Recognize the visual communication needs of all sectors of the community for identification
and advertising purposes;
(2)
Promote a positive visual image of the city and protect property values by 1) encouraging signs
that are appropriate and consistent with surrounding buildings and landscape in both scale and
design, appropriate to the size of the subject property and the amount of street frontage
adjacent to the subject property, and appropriate in relationship to the size of the building, and
2) discouraging excessive numbers of signs;
(3) Protect the public health, safety, and welfare by regulating the placement, removal,
installation, maintenance, size, and location of signs;
(4)
Support and enhance the economic well-being of all businesses within the city, and in
particular recognize the needs of all businesses to identify their premises and advertise their
products;
(5) Assure equal protection and fair treatment under the law through consistent application of the
regulations and consistent enforcement;
(6) Consistency with the comprehensive plan;
(7)
Recognize that the aesthetic value of the total environment does affect economic values of the
community, and that the unrestricted proliferation of signs can and does detract from the
economic value of the community;
(8) Provide controls on sign proliferation to preserve community scenic, economic, and aesthetic
values; and
(9)
(Ord. No.
Provide for the elimination of billboard signs after a reasonable amortization period
recognizing that billboards affect the aesthetic value of the community thereby reducing
property values and impacting traffic safety because of the distraction that is created by large
signage along public rights-of-way.
95-235. § 4, 6-6-95)
Sec. 22-1597. 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:
(l)
Abandoned sign means any sign remaining in place after a sign has not been maintained for a
period of 90 or more consecutive days or if the activity conducted on the subject property
ceases for 180 consecutive days.
(2) Administrator means the director of community development or his/her designated
representative.
(3)
Animated or mov#~g sign means any sign that uses movement, by either natural or mechanical
means, or change of lighting, either natural or artificial, to depict action to create a special
effect or scene.
Architectural embellishments - signs means the aesthetic elements of the structure that includes
or encloses a sign. They do not include any copy. text. iogos, graphics, or other elements of the
sign face or sign base, but are solely intended to enhance the aesthetics of the structural
elements surrounding or supporting the sign.
Awning means a shelter projecting from and supported by the exterior wall of the building and
are constructed of a non-combustible framework and covered by a flexible or non-rigid fabric.
Awnings can be fixed, retractable, or collapsible. Any structure that extends above the adjacent
parapet or roof of a supporting building is not included within the definition of awning.,
Awning or canopy sign means a nonelectric sign on the vertical surface or flap that is
printed on, painted on, or attached to an awning or canopy. Illumination for the awning or
canopy shall be for safety purposes only, and therefore, shall point toward the ground and
not illuminate the canopy. (See also ("marquee sign.")
Balloon means a decorative inflatable device, generally composed of a thin layer of latex
or mylar, into which a gas (typically helium) is inserted in order to cause it to rise or float
in the atmosphere. (See also "inflatable advertising device.")
Banner means a sign made of fabric or any nonrigid material with no enclosing
framework.
Billboard means permanent outdoor advertising off-site signs containing a message,
commercial or otherwise, unrelated to any use or activity on the subject property on
which the sign is located, but not including civic event signs, government signs, or
instructional signs.
(¢,-) (~ o)
Building mortared signs means any sign attached to the facade or face of a building or
mansard roof including without limitation wall signs, marquee signs, under canopy signs
and projecting signs.
-2-
(ii)
. Cabinet sign means a sign constructed of a box, rigid material, or framework over or within
which is secured the sign copy, text graphics, or other sign elements. Cabinet signs may have
either interior or exterior illumination.
(12)
. Canop~/- building means a rigid, multi-sided structure covered with fabric, metal, or other
material and supported by a building at one or more points or extremities and by columns or
posts embedded in the ground at other points or extremities. Any structure which extends
above any adiacent parapet or roof of the supporting building is not included within the
definition of a building canopy.
(13) Canopy - freestanding means a rigid, multi-sided structure covered with fabric, metal, or other
material and supported by one or more posts embedded in the ground.
(-9-) (14) Canopy sign. See awning or canopy sign.
0-0-) (15)
Center identification sign means a building mounted or freestanding sign that identifies
the name and/or logo of a development containing more than one office, retail,
institutional or industrial use or tenant and which may separately identify the tenants.
(-I+)(16)
Changeable copy sign means a sign whose informational content can be changed or
altered (without changing or altering the sign frame, sign supports or electrical parts) by
manual or electric, electro-mechanical, or electronic means. A sign on which the message
changes more than eight times a day shall be considered an electronic changeable
message sign and not a changeable copy sign for purposes of this chapter. A sign on
which the changing is an electronic or mechanical indication of time and/or temperature
shall be considered a "time and temperature" sign and not a changeable copy sign.
(+2-) (17) City means the City of Federal Way, a Washington municipal corporation, unless the
context clearly indicates otherwise.
(43) (18) Clearview zone means the definition set forth in section 22-1511 et seq. of this code for
intersection sight distance requirements.
(-t4-)(19)
Con.nuni~ service event or civic event means an event or gathering, (such as a food fest,
concert, fun run ~_at ...... :--
............... ~, cultural exhibition, or charitable fund raising event)
sponsored by a private or public non-profit organization_. Sponsoring organizations can
;n-I..,,I.' .....I.~1
include, but are not limited to,, ......... ~ ........ schools, churches, or-and/or civic
fraternal organizations, theater and arts groups, and charitable organizations. The event
may not b_~e primarily for the purpose of selling or promoting merchandise or services.
(+5-) (20)
Construction sign means a temporary sign identifying an architect, contractor,
subcontractor, and/or material supplier participating in construction on the property on
which the sign is located. Construction si~;ns also include "Coming soon" and "Open
During Construction" signs.
(-360 (21) Copy means the graphic content of a sign surface in either permanent or removable letter,
pictographic, symbolic, or alphabetic lbrm.
-3-
(+7-) (22)
Directional sign, on-site means a sign giving directions, instructions, or facility
information and which may contain the name or logo of an establishment but no
advertising copy (e.g., parking, exit or entrance signs).
(--1-8-) (2.3) Electrical signs means a sign or sign structure in which electrical wiring, connections, or
fixtures are used.
(-t-9-)(24)
Electronic changeable message sign means an electronically activated sign whose
message content, either whole or in part, may be changed by means of electronic
programming.
(-2o-) (25)
. Exposed building face means the building exterior wall of a single occupant building or
the building exterior wall of an individual tenant's leased space in a multi-tenant complex,
including the vertical distance between eaves and ridge of a pitched roof above it, used
for sign area calculation for building mounted signs.
(26) Facade means the entire building front including the parapet.
(27) Festoons means a string of ribbons, tinsel, small flags, or pinwheels.
(-2-3-) (28) Flag means any piece of cloth of individual size, color and design, used as a symbol,
signal, emblem or for decoration.
¢'4-)(29)
Flashing sign means a sign when any portion of it changes light intensity, switches on
and off in a constant pattern, or contains moving parts or the optical illusion of motion
caused by use of electrical energy or illumination.
Freestanding sign means a sign supported permanently upon the ground by poles, pylons,
braces or a solid base and not attached to any building. Freestanding signs include those
signs otherwise known as "pedestal signs," "pole signs," "pylon signs," and "monument
signs."
~ (31) Frontage means the length of the property line along any public right-of-way on. which it
borders.
(32) Frontage, building means the length of an outside building wall on a public right-of-way.
(33) Fuelprice sign means a sign displaying the price of fuel for motorized vehicles.
(34) Graffiti means the inscription of symbols, works, or pictures by painting, spray painting
or other means of defacing public or private property.
(35) Grand Opening means a promotional activity used. by newly established businesses to inform
the public of their location and services available to the community. A Grand Opening does
not mean an annual or occasional promotion of retail sales or other services, and does not
include a chano~e in ownership, remodeling, or other change incidental to the initial
establishment of the business.
-4-
(36) Ground mounted sign shall mean a pedestal sign, pole, pylon, monument sign, or any sign
permanently affixed to the ground.
~.~ (37)
Government sign means any temporary or permanent sign erected and maintained by any
city, public utility, county, state, or federal government for designation of or direction to
any school, hospital, hospital site, property, or facility, including without limitation traffic
signs, directional signs, warning signs, informational signs, and signs displaying a public
service message.
(-34-) (38) Height (ofasign) means the vertical distance measured from the highest point of the sign
to the grade of the adjacent street or the surface grade beneath the sign, whichever is less.
(32) (39) Identification sign: A sign whose copy is limited to the name and address of a building,
institution, or person and/or to the activity or occupation being identified.
(40) Identification sign (subdivision): A freestanding or wall sign identifying a recognized
subdivision, condominium complex, or residential development.
(-34-) (41) Illuminated sign means a sign with an artificial light source incorporated internally or
externally for the purpose of illuminating the sign.
(42)
. Incidental sign means a small sign, emblem, or decal informing the public of goods,
facilities, or services available on the premises (e.g., a credit card sign or a si~gn indicating
hours of business).
(--36-) (43)
Inflatable advertising device means an advertising device that is inflated by some means
and used to attract attention, advertise, promote, market, or display goods and/or services.
These devices include large single displays or displays of smaller balloons connected in
some fashion to create a larger display.
'""' (44)
~-,,;
Instructional sign means a sign which designates public information including, without
limitation, public restroom signs, public telephone signs, exit signs and hours of operation
signs.
(45) Integral sign shall mean a sign displaying a building date, monument citation, commemorative
inscription, or similar historic information.
v,,,J'" o, (46) Kiosk means a freestanding sign, which may have a round shape or which may have two
or more faces and which is used to provide directions, advertising or general information.
(-39-) (47) Maintenance means the cleaning, painting~ and minor repair of a sign in a manner that
does not alter the basic ~ design, size, height, or structure of the sign.
(40-) (48) Marquee sign means any sign attached to or supported by a marquee, which is a
permanent roof-like projecting structure attached to a building.
(49) Metro Board means a permanently mounted sign advertising the bill of fare for a drive-in or
drive-thru restaurant.
-5-
(443 (50)
(4:2-) (5 l)
(52)
(-44-) (53)
(ar-5-)(54)
(46)(55)
(47-) (56)
(48-)(57)
(49-)(58)
(-50) (59)
(-5+)(60)
~ (61)
Monument sign means a freestanding sign supported permanently upon the ground by a
solid base having ,t_
..... v~' .................... of landscape construction materials such
as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious
with the materials of the primary structure on the subject property. (See drawing set forth
in 22-1602(C)(2), Figure 8.)
Multi-tenant complex means a complex containing two or more used or businesses.
Multiuse complex means the definition of"multiuse complex" set forth in section 22-1 of
thi d ~_ ~ ........ t. .... ~ ........ :_~ ~ ...........
Mural means a design or representation that is painted or drawn on the exterior surface of
a structure and that does not advertise a business, product, service, or activity.
Nameplate means a nonelectric on-premise identification sign giving only the name,
address, and/or occupation of an occupant or group of occupants of the building.
Neon (outline tubing) sign means a sign consisting of glass tubing, filled with neon gas, or
other similar gas, which glows when electric current is sent through it.
Obsolete sign means a sign that advertises a product that is no longer made, a business
that is no longer in operation, or an activity or event that has already occurred, except for
historical signs.
Off-site sign means a sign relating, through its message and content, to a business activity,
use, product, or service not available on the subject property on which the sign is located.
On-site sign means a sign which contains only advertising strictly applicable to a lawful
use of the subject property on which the sign is located, including without limitation signs
indicating the business transacted, principal services rendered, and goods sold or
produced on the subject property, or name of the business and name of the person
occupying the subject property.
Person means any individual, corporation, association, firm, partnership, or other legal
entity.
_ Pedestal means freestanding signs supported permanently upon the ground by onc
hnc~rc by a solid base ba3¢$ of landscape construction materials such as brick, stucco,
stonework, textured wood, tile or textured co.ncrete materials harmonious with the
materials of the primary structure on the subject property. Such base ...t.:~t. ~. .....
shall be equal to at least fifty percent of the sign width: (See drawing set forth in section
22-160203)(C)(1), Figure 6.)
Point ofpurchase display or sign means an advertisement for adv¢~i3ing of an item
accompanying its display indicating only instructions and the contents or purpose of the
item (e.g. an advertisement on a product dispenser, tire display, recycling containers,
collection containers, gas pumps, phone booths, etc.).
-6-
(~3-) ~62)
Pole orpylon signs means freestanding signs supported permanently upon the ground by
poles or braces of materials such as brick, stucco, stonework, textured wood, tile or
textured concrete materials harmonious with the materials of the primary structure on the
subject property_ and not attached to any building (See drawing set forth in section 22-
1602(-19-)(C)(l), Figure 7.)
(--540 (63)
. Political sign means temporary signs advertising a candidate or candidates for public
elective office, or a political party, or signs urging a particular vote on a public issue
decided by ballot in connection with local, state, or national election or referendum.
(64)
. Portable sign means any sign designed to be moved easily and not permanently affixed to
the ground or to a structure or building. Portable signs differ from temporary signs in that
portable signs are made of durable materials such as metal, wood, or plastic.
(65) Pre-openin£ sign shall mean a temporary_ sign which identifies a new business moving into a
new tenant space or building. The sign must include the name of the business and copy stating
the business will open soon (e.g. "Coming Soon..." "Opening Soon...", etc.).
(756-)(66)
Private advertising sign means a temporary sign announcing an event, use or condition of
personal concern to the sign user including without limitation "garage sale" or "lost
animal" signs.
(67) 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."
(57) (68) Projecting sign means a sign, other than a flat wall sign, which is attached to and projects
from a building wall or other structure not specifically designed to support the sign.
(--58-)(69)
Public right-of-way means land owned, dedicated or conveyed to the public, used
primarily for the movement of vehicles, wheelchair and pedestrian traffic and land
privately owned, used primarily for the movement of vehicles, wheelchair and pedestrian
traffic, so long as such privately owned land has been constructed in compliance with all
applicable laws and standards for a public right-of-way.
(-59-)(70)
Real estate, off-site sign means a portable or temporary sign announcing the proposed sale
of property other than the property upon which the sign is located and providing
directions to the subject property.
(-60-) (71) Real estate, on-site sign means a sign placed on the subject property and announcing the
sale or rental of the subject property.
(-640(72)
. Roof sign means any sign erected, constructed, or placed upon, over, or above the eaves
or on the roofofa building or structure, excluding signs affixed to the face of a mansard
style roof. and which is wholly or in part supported by the building.
(-6:3)(73)
Sign means any communication device, structure, fixture, or placard that uses colors,
words, letters, numbers, symbols, graphics, graphic designs, figures, iogos, or trademarks:
and/or written copy for the purpose of: a) providing information or directions; or b)
-7-
promoting, identifying~ or advertising any place, building, use, business, event,
establishment, product, good, or service, and includes all supports, braces, guys, and
anchors associated with such sign.
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 siens. Ifa 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.
(-63-) (74)
Sign area means the entire area ora sign on which colors, words, letters~ numbers, symbols,
graphics, graphic design,,,.L~,.,' ..... o, figures, logos, ~nrtbol~, 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 face 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 totaling the square footage of these perimeters.
(64-)(75)
. Sign face means the area of a sign on which the colors, words, letters, numbers, symbols,
graphics, graphic design,,,,iL,.,' ..... o, figures, logos, oj ........ trademark and/or written copy is
placed.
(6-5-) (76) Snipe sign means a temporary sign or poster posted on trees, fences, light posts or utility
poles, except those posted by a government or public utility.
(-66-) (77) Temporary sign means a sign not constructed or intended for long-term use.
(-6-7-) (78) Tenant directory sign means a sign for listing the tenants or occupants and then suite
numbers ora building or center.
(-68-) (79) Time and temperature sign means any sign that displays the current time and temperature,
without any commercial message.
(80)
Under canopy sign means any sign intended generally to attract pedestrian traffic
suspended beneath a canopy or marquee which is at a 90 degree right angle to the
adjacent exposed building face and which contains no commercial messages other than
the name of the business.
(81) Vehicle sign means a sign temporarily affixed or attached to a parked vehicle for the purpose
of advertisinl~ a product or service, or providing directions to such products or services.
(82) ~all sign means either a sign applied with paint or similar substance on the surface of a
wall or a sign attached essentially parallel to and extending not more than 24 inches from
the wall ora building with no copy on the side or edges.
(--7+) (83) }Varning signs mean any sign which is intended to warn persons of prohibited activities
such as "no trespassing," "no hunting," and "no dumping."
-8-
(-¢z~ (84) Window signs mean all signs located inside and affixed to a window and intended to be
viewed from the exterior of the structure.
(Ord. No. 95-235, § 4, 6-6-95)
Sec. 22-1598. Scope.
This article applies to all existing signs and ali signs erected, moved, relocated, enlarged, structurally
changed, painted, or altered after February 28, 1990, and all such signs must comply with the
requirements of this chapter.
(Ord. No. 95-235, § 4, 6-6-95)
Sec. 22-1599. Permits.
A. Permit requ&ements. No sign governed by the provisions of this code shall be erected, moved,
enlarged, altered or relocated by any person without a permit issued by the city unless such sign is
expressly excluded from this permitting requirement pursuant to section 22-1599(C). An applicant shall
pay the permit fees set forth in the city's fee schedule. No new permit is required for signs which have
valid, existing permits and which conform with the requirements of this code on the date of its adoption
unless and until the sign is altered or relocated. Signs which, on the date of adoption of this code, do not
conform with this code's requirements may be eligible for characterization as nonconforming signs and
for nonconforming sign permits under Section 22-335 of this code.
B. Permit applications. Applications for permits shall contain the name and address of the owner
and user of the sign, the name and address of the owner of the property on which the sign is to be
located, the location of the sign structure, drawings or photographs showing the design and dimensions
of the sign, details of the sign's proposed placement and such other pertinent information as the
administrator may require to insure compliance with this code.
C. Permit expiration and inspection. All sign permits expire one year from the date of issuance. If
no work was initiated to install or construct any part of the sign, the permit for such sign expires six
months from the date of issuance. All signs for which a permit was issued must receive a final inspection
for compliance with applicable requirements. It is the responsibility of the applicant to provide access for
inspection.
Gr. D__: Permit exceptions.
(1) Maintenance and operation. A sign permit is not required for maintenance of a sign or for
operation of a changeable copy sign and/or an electronic changeable message sign.
(2) Exempt signs. A sign permit is not required for the following signs or modifications to signs;
provided, however, that such signs shall comply with all of the following requirements:
(a) Address identification with numbers and letters not more than ten inches in height.
(b) Balloons no greater than 18 inches in diameter and no more than five balloons per display
with a tether no longer than 36 inches. No more than two displays are permitted per site.
-9-
(c) Barber poles.
(d)
Construction signs so long as such signs are limited to two signs per project and each sign
does not exceed 32 square feet per sign face and ten feet in height. Construction signs
shall not be displayed prior to issuance of a building permit and shall be removed prior to
the issuance ora certificate of occupancy. One "Coming soon" or "Open During
Construction" si~;n per site entrance is also permitted.
(e)
Directional signs. On-site. Each sign shall not exceed four square feet in sign area if the
directional sign is indicating one direction and shall not exceed eight square feet in sign
area if such sign is indicating more than one direction. Each sign may be no more than
five feet in height. No more than two signs per street frontage are permitted for multi-
tenant complexes. Single tenant properties shall be reviewed on a case-by-case basis.
Center or complex names or logos shall not comprise more than 20 percent of the total
sign area.
(f)
Flags of any nation, government, educational institution, or noncommercial organization.
Decorative flags without corporate Iogos or other forms of advertising are also excluded
from permit requirements. Ali flags must be a minimum size of five square feet unless it
is a national or state flag and the official national or state flag is less than five square feet
in size and but not larger than 40 square feet in size.
(g)
Fuel price signs. Signs shall be located on the property where fuel is sold, shall be limited
to one monument sign per street frontage not exceeding five feet in height and sign area
shall not exceed 20 square feet per sign face.
~ (h) Gravestones or other memorial displays associated with cemeteries or mausoleums.
(:j-) (i) Historical site plaques and signs integral to an historic building or site.
(-kO hi) Holiday decorations displayed in conjunction with recognized holidays.
Incidental signs attached to a structure or building, providing that the total of all such
signs per use or business shall not exceed two square feet.
(m) (l) Instructional signs that do not exceed six square feet in area per sign face.
O0 (in)
Integral design features when such features are an essential part of the architecture of
a building (including religious symbols) and when such features do not represent a
product service, or registered trademark.
~ I_nte~ral signs when no more than one per building.
(o) Interior signs located completely within a building or structure and not intended to be
visible from outside the structure, exclusive of window signs.
-10-
Menu board not to exceed 32 square feet per sign face and a maximum height of five feet
(two permitted per site).
(-~ Lq~ Nameplates not to exceed two square feet per sign face.
Non-blinking small string lights which are part of decoration to be used in
association with landscaped areas and trees.
Point of purchase displays. Point of purchase signs are limited to two square feet in
area and one sign per point of purchase. Such signs shall only display instructional
or price information and shall not include copy pertaining to any special sale or
promotion. Point of purchase display signs shall be permitted in conjunction with an
outdoor use~ activity, or storage as authorized under article 2~ division 8 of this code.
Political signs so long as the maximum area per sign is limited to six square feet. No
political sign shall be displayed later than seven calendar days after a final election.
Private advertising signs. The sign shall be limited to eight square feet per sign face
and five feet in height, the sign must be immediately removed at the end of an event,
use or condition, the sign must contain the address of the event or advertiser, and
there shall be no more than six such signs advertising an event.
(v) Private notice signs.
(-tv) (w) Real estate signs.
(1)
Off-site. The number of off-site real estate signs shall be limited to six per property per
agent; provided, however, that there shall be a minimum separation of 200 lineal feet
between such signs. The area of such signs shall be no greater than six square feet per
sign face. All off-site real estate signs must be removed each day at the conclusion of
the open house or other sales event and are permitted only between sunrise and sunset
when the seller or the agent are in attendance at the subject property.
(2)
On-site. The number of on-site real estate signs shall be limited to one per agent per
street frontage or public entrance if no street frontage exists. For dwelling units, the
area of the sign shall be no greater than six square feet per sign face. For other uses
and developments, the size shall not exceed 32 square feet per sign face. All on-site
real estate signs must be removed when the sale closes, or in the case of a rental or
lease, when the tenant takes possession.
Temporary business signs for temporary business defined by section 9-386 of this
code; provided, however, that each licensed temporary business is only allowed two
signs of 16 square feet per sign face. If only one sign is used, that sign may be -24, 32
square feet per sign face.
Under canopy signs not exceeding the ~vidth of the canopy and eight square feet in
size and provided that a minimum separation exists between such signs equal to 20
lineal feet or more.
-II-
(-x-) .~) Warning signs.
(y-)(aa)
Window signs not exceeding 25 percent of the window area only to advertise
products, goods or services for sale on-site, business identification, hours of
operation, address, and emergency information.
~. E~ Temporary andspecial signs. No permit for any sign for any civic event, community service
event, special sale/promotional event, grand openings, mural display or scoreboards shall be used unless
such sign complies with the sign type, maximum number, maximum sign face area, maximum height,
location, duration and all other allowances and limitations for those uses described in Table 1,
"Allowances for Temporary and Special Signs--Permit Required."
F. Government signs. The location, number, and content of signs used to iden. ti _fy government
facilities must comply with the standards for commercial signs in that zone and be appropriate to the use.
All signs must be approved by the city. Street and traffic signs are excluded from these requirements.
~:. G_~. Residential Zone signs. No permit in any residential zone shall be issued for any sign unless
such sign complies with the sign type, maximum number, maximum sign area, maximum height,
location, duration and all other allowances and limitations for those uses described in Table 2, "Sign
Allowances for Residential Zones--Permit Required."
~.. H___: Sign registration. No person shall maintain a sign in the city without first having been issued a
proper and current sign registration unless the sign is expressly exempt from such registration
requirements. All signs exempt from the permitting requirements set forth in section 22-1599 shall be
exempt from the registration requirements. The sign registration shall be issued in connection with a
person's business registration pursuant to section 9-29 of this code or issued after the city has
independently obtained the dimensions of the sign and other necessary information. Sign owners or users
who, on the date of adoption of this code, have current business registrations are not required to apply to
register their signs until the next renewal of their business registration. A sign registration shall be valid
until such time as the applicant alters the sign in any way, in which case the applicant will be required to
apply for a new sign registration and sign permit. No permit fees will be charged in connection with such
sign registrations. The city will assign a registration number to each sign upon issuance of the business
registration; and approval of a sign registration application, or upton "~,~,. ,.,~:"' ,,,~.~,,.,,,,.,t,j:-'~ .... ~--'~" ,,u~,,,,,,~^~"~:~ :-- ,t.~,,~.
...................... z o,s-- The city shall affix the registration sticker containing the registration number
to the face of the permitted sign. Upon issuance of a registration, the city will advise an applicant if
his/her sign is in compliance with this code, is a legal nonconforming sign pursuant to section 22-335, or
an illegal nonconforming sign pursuant to this code.
Cm. I_. Bond. The city may require a bond under section 22-146 et seq. to ensure compliance with any
aspect of this article.
Sec. 22-1600. Prohibited signs.
The following signs or displays are prohibited in all zones within the city. Prohibited signs are
subject to removal by the city at the owner's or user's expense pursuant to section 22-1604 of this
chapter:
(a) Abandoned or obsolete signs.
-12-
(b) Animated or moving signs.
(c) Banners, except as expressly allowed pursuant to Table I and section 22-1599(c)(2)(f) of this code.
(d) Billboards.
(e) Dilapidated, non-maintained signs.
(f') Flashing signs, except electronic changeable message signs or changeable copy signs.
(g) Graffiti.
(h) Inflatable advertising devices, except as expressly allowed in section 22-1599(E).
(i) Mylar balloons.
(j) Obstructing signs which obstruct or interfere with free access to or egress from a required exit
from a building or structure.
(k) Off site signs except those expressly allowed in this chapter.
(-k-) (l) Pennants, streamers, ribbons, spinners, whirlers, propellers, festoons, blinking lights, or
similar items that attract attention through movement, reflection or illumination unless
expressly allowed pursuant to Table I of this code.
(4-) (m) Portable signs except as expressly allowed in section 22-1599(C)(2).
~ (n) Real estate signs providing information other than the name of the development and that the
subject property is for sale, lease or rent, such as signs which only announce the features or
amenities of the subject property (i.e. features such as indoor pool, hot tub jacuzzi, tubs,
fireplaces, skylights, covered parking, free cable, laundromat services, community centers,
etc.)
(-n-) Lq] Right-of-way signs including any sign in a public right-of-way except governmental signs.
(-o-) LP_]Roof sign.
(-P-) L~ Simulations of traffic signs. Any sign using the words "stop," "look," or "danger," or any
other words, symbols, or characters in such a manner as to interfere with, mislead, or confuse
pedestrian or vehicular traffic.
(-q-) (r) Snipe signs.
0O (s) Vehicle signs including any sign attached to, or placed on a parked vehicle or trailer used
principally for advertising purposes, rather than transportation, but excluding signs relating to
the sale, lease, or rental of the vehicle or trailer and excluding signs which identify a firm or
its principal product on a vehicle operated during the normal course of business.
(Ord. No. 95-235, § 4, 6-6-95)
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0
0
Sec. 22-1601. Signs in non-residential zoning districts.
A. Freestanding signs. A-14 pPermit applications for freestanding signs shall be designated as
qualifying for a high profile, medium profile or Iow profile sign, based upon criteria regarding both the
size and zoning designation of the development. The sign profile designation shall control the sign types,
sign height, sign area and number of signs allowed.
(1) High profile sign.
(a) Criteria. A subject property meeting all of the following criteria is permitted a high
profile freestanding sign:
(i) A minimum of 250 feet of frontage on one public right-of-way;
(ii) A zoning designation of City Center Core (CC-C) or City Center Frame (CC-F), or
Community Business (BC);
(iii) A multiuse complex; and
(iv) A minimum site of 15 acres in size.
(b) Sign types. The following sign types are allowed for a high profile sign:
(i) Pylon or pole signs; provided, however, that any pylon or pole sign must have more
than one pole or structural support;
(ii) Pedestal signs;
(iii) Monument signs;
(iv) Tenant directory signs; and
(v) Kiosks.
Sign content for any pylon or pole sign, or for any pedestal or monument sign in lieu of a
pylon or pole sign, may include electronic changeable messages, center identification signs
and/or changeable copy signs. Any high profile sign may be an electrical sign, an illuminated
sign, and/or a neon sign.
(c)
O)
(ii)
(iii)
height. A high profile sign shall not exceed the following maximum heights:
Pylon or pole sign--Twenty-five feet.
Pedestal or monument signs--Twelve feet if in lieu ora pylon or pole sign.
Otherwise, pedestal and monument signs shall not exceed five feet.
Tenant directory or kiosk signs--Six feet unless the sign is set back a minimum of 50
feet from any public right-of-way, in which case it may be ten feet.
-17-
(d) Sign area. A high profile sign shall not exceed the following maximum sign areas:
(I) Pylon or pole sign--Four hundred square feet for the total of sign faces with no one
sign face exceeding 200 square feet.
(ii) Pedestal or monument signs--One hundred twenty-eight square feet for the total of
all sign faces with no one face exceeding 64 square feet.
(iii) Tenant directory or kiosk signs--Fifteen square feet per sign face.
(e) Number of signs. A subject property qualifying for a high profile sign may have the
following maximum number of signs:
Pylon or pole sign--One sign unless the subject property has an additional 500 feet of
street frontage for a total of 750 feet of aggregate frontage on any public rights-of-
way, in which case the subject property will be allowed one additional high profile
sign, not to exceed a maximum of two such signs per subject property;
(ii)
Pedestal or monument signs--If the pedestal or monument sign is in lieu of a pylon
or pole sign, the number of signs allowed shall be determined pursuant to subsection
(e)(I). In addition, two monument signs which identify the name of any multiuse
complex are allowed, per entrance from a public right-of-way, not to exceed five feet
in height; and
(iii) Tenant directory or kiosk signs--One sign per frontage on a public right-of-way.
(2) Mediwn profile sign.
(a)
Criteria. A subject property that does not qualify for a high profile sign pursuant to
section 22-1601(A)(1) and is not a low profile sign by being zoned Office Park (OP) or
Professional Office (PO) pursuant to section 22-1601(A)(3) is permitted a medium profile
freestanding sign.
(b) Sign type. The following sign types are allowed for a medium profile sign:
(i) Pedestal signs; and
(ii) Monument signs.
Sign content for any medium profile sign may include electronic changeable messages,
center identification signs and/or changeable copy signs. Any medium profile sign may be
an electrical sign, an illuminated sign, and/or a neon sign.
(c)
Sign height. Tile height of a medium profile sign shall be calculated at the rate of.75 feet
in the sign height for every ten lineal feet of frontage on a public right-of-~vay; provided,
however, that sign height shall be calculated at the rate of one and one-half feet in sign
-18-
height for every ten lineal feet of frontage on a public right-of-way for any multi-tenant
complex and provided, further, that such sign shall not exceed a maximum height of 12
feet and every applicant is entitled to a minimum height of five feet.
(d)
Sign area. For any multi-tenant complex, sign area allowed for a medium profile signs
shall be calculated at the rate of two square feet per lineal foot of frontage on a public
right-of-way not to exceed a maximum sign area of 128 square feet for the total of all sign
faces on each permitted sign with no one sign face exceeding 64 square feet. For other
uses, sign area allowed for medium profile sign shall be calculated at the rate of one
square foot per lineal foot of frontage on a public right-of-way not to exceed a maximum
sign area of 80 square feet for the total of all sign faces on each permitted sign with no
one sign face exceeding 40 square feet. Notwithstanding the foregoing sign area
calculations, every applicant is entitled to a minimum sign area of 50 square feet for the
total of all sign faces with no one sign face exceeding 25 square feet.
(e) Number of signs. A subject property qualifying for a medium profile sign may have one
pedestal or monument sign.
(3) Lowprofile sign.
(a) Criteria. A subject property located in the Office Park (OP) or Professional Office (PO) is
permitted a low profile freestanding sign.
(b) Sign type. The following sign types are allowed for a low profile sign:
(i) Pedestal signs;
(ii) Monument signs; and
(iii) Tenant directory signs.
Sign content for any pedestal or monument sign may include center identification signs
and/or changeable copy signs. Any Iow profile sign may be an electrical sign, an
illuminated sign, and/or a neon sign.
(c) Sign height. A low profile sign shall not exceed the following maximum heights:
(i) Pedestal or monument signs--Five feet.
(ii) Tenant directory signs--Six feet unless the sign is set back a minimum of 50 feet
from any public right-of-way, in which case it may be ten feet.
,(d) Sign area.
(i)
Pedestal or monument signs--Sign area allowed for a Iow profile sign shall be
calculated at the rate of one square foot per lineal foot of frontage on a public right-
of-way; provided, however, that a Iow profile sign shall not exceed a maximum sign
area of 80 square feet for the total of all sign faces on each permitted sign with no
-19-
one sign face exceeding 40 square feet, and every applicant is entitled to a minimum
sign area of 50 square feet for the total of all sign faces with no one sign face
exceeding 25 square feet.
(ii) Tenant directory signs--Fifteen square feet per sign face.
(e) Number of signs. A subject property qualifying for a low profile sign may have the
following maximum number of signs:
(i) Pedestal or monument signs--One sign per frontage on a public right-of-way; and
(ii) Tenant directory signs--One sign per frontage on a public right-of-way.
(4)
Combined sign package for adjacent property owners. The owners of two or more properties
that abut or are separated only by a vehicular access easement or tract may propose a combined
sign package to the city. The city will review and decide upon the proposal using Process {- II_.[.
The city may approve the combined sign package if it will provide more coordinated, effective
and efficient signs. The allowable sign area, sign type, sign height and number of signs will be
determined as if the applicants were one multi-tenant complex.
B. Building mounted signs.
(1) Sign types. The following may be building mounted signs and are allowed in all non-
residential zoning districts:
(a) Awning or canopy signs;
(b) Center identification signs;
(c) Changeable copy signs;
(d) Civic event signs;
(e) Directional signs, on-site;
(f) Electronic changeable message signs;
(g) Instructional signs;
(h) Marquee signs;
(i) Projecting signs;
(j) Tenant directory' signs;
(k) Time and temperature signs:
(1) Under canopy signs; and
-20-
(2)
(3)
(4)
(m) Wall mounted signs.
Any building mounted sign may be an electrical sign, an illuminated sign, and/or a neon sign.
Sign height. No sign shall project above the roofline of the exposed building face to which it is
attached.
Sign area. The total sign area of building mounted signs for each business or tenant, excluding
under canopy signs, shall not exceed seven percent of the exposed building face to which it is
attached; provided, however, that no individual sign shall exceed a sign area of 240 square feet
and every applicant is entitled to a minimum sign area of 30 square feet. A multi-tenant
complex which does not use a freestanding sign may have two additional wall mounted signs.
No one sign may exceed seven percent of the of the exposed building face to which it is
attached, to a maximum of 240 square feet per sign. This sign is in addition to any other tenant
signs on that building face.
Number of signs. The number of building mounted signs permitted each user is dependent
upon the surface area of the largest single exposed building face of his or her building as
follows, excluding wall mounted center identification signs:
Largest Exposed Building Face Maximum Number of Signs
Less than 999 sq. ft. 2
1,000 -- 2,999 sq. ft. 3
3,000 -- 3,999 sq. ft. 4
4,000 and over sq. ft. 5
Buildings with more than 4,000 square feet on any exposed building face, with several clearly
differentiated departments, each with separate exterior entrances, are permitted one sign for
each different department with a separate exterior entrance, in addition to the five permitted.
No sign or signs may exceed the maximum area permitted for that building face except as may
be specifically permitted by this code. However, an Ant-applicant is ne~t .... m-,-,,~,--,:'*-~ ....... ,,~ ~,.,,o,,.,cA-
· - ...... i I1 d
to move allotted signs, as calculated in subsection (4), from one building face to another.
Each business or use shall be permitted under canopy signs in addition to the other permitted
building mounted signs subject to the size and separation requirements set forth in section 22-
1599(C)(2)(w) of this Code.
-21 -
C. Sign area multipliers. The sign area and sign number allowed, as set forth in section 22-
160 l(A)(l)(d) for high profile signs, (2)(d) for medium profile signs, and (3)(d) for Iow profile signs and
section 22-1601(B)(3) for building mounted signs may be increased in the following instances; provided,
however, that in no event shall the sign exceed the maximum sign area allowed:
(1) If no signs on the subject property have internally lighted sign faces, then the total sign area
allowed may be increased by 25 percent.
(2) If all signs, other than center identification signs, are building mounted signs, the total sign
area allowed may be increased by 25 percent.
(3) A time and temperature sign may be included with any sign and such time and temperature
signs shall not be included for purposes of calculating maximum sign area or maximum
number of signs.
(Ord. No. 95-235, § 4, 6-6-95; Ord. No. 96-270, § 3(F), 7-2-96)
Sec. 22-1602. Construction standards.
A. Structural components. To the maximum extent possible, signs should be constructed and
installed so that angle irons, guywires, braces and other structural elements are not visible. This
limitation does not apply to structural elements that are an integral part of the overall design such as
decorative metal or wood.
B. Sign setback requirements. The required setback from the property lines for all signs shall be not
less than five feet from the subject property line in residential zones and not less than three feet from the
subject property line in all other zones.
C. Dimensional and design standards.
(1) Pedestal, pole orpylon signs. The following drawings illustrate the dimensional standards for
pedestal, pole or pylon signs:
A > = 50% of B
A > = 50% of D
B = HEIGHT OF SIGN
(Maximum Height -o Sec. 22-1601 )
C > = 20% of B
-22-
Figure 6 -- Type A Pedestal
B = HEIGHT OF SIGN
(Maximum Height-- Sec. 22-1601)
C > = 20% of B
E > = 4 INCHES
Figure 7 -- Type B Pole or Pylon Sign
(2) Monument signs. The following figures illustrate the dimensional standards for monument
signs:
Figure 8 -- Monument Sign
A: MAXIMUM HEIGHT OF SIGH PER SEC. 22-1601
B: MAXIMUM = 200% OF A
C: MINIMUM = 20% OF A
D: EQUAL TO 100% OF B
(3) Design criteria.
(I)
Sign base: The base of the sign must be done in landscape construction materials such as
brick, stucco, stonework, textured wood, tile or textured concrete or materials that are
harmonious with the character of the primary structures on the subject property and
subject to the administrator's approval. No visible gap shall be allowed between the sign
base and the finished grade or between the sign face or cabinet and the sign base.
(ii) Sign face: The color, shape, material, lettering and other architectural details of the sign
face must be harmonious with the character of the primary structure.
(4)
Minor deviations. Minor deviations from the dimensional standards for signs, except for
maximum sign height, may be approved by the administrator if he or she concludes that the
resulting sign does not significantly change the relative proportion of the sign base to the sign
face.
D. Location. No sign shall be so located so as to physically obstrtlct any door or exit from a
building. No sign shall be located so as to be hazardous to a motorist's or pedestrian's ingress or egress
from buildings or parking areas. No sign shall be located within the clcarview zone.
- 23 -
E. Landscaping around freestanding signs. To improve overall appearance of the sign and to reduce
the risk of motor vehicles hitting the sign or supports of the sign, an area adjacent to the base of each
freestanding sign must be landscaped equal to the sign area; provided, however, that the city will not
require more than 200 square feet of landscaped area. This landscaping must include vegetation and may
include other materials and components such as brick or concrete bases as evidenced in plazas, patios
and other pedestrian areas, planter boxes, pole covers or decorative framing.
At the time of planting, a minimum of 50 percent of the required landscaped area should be planted with
Iow shrubs and groundcover such that within two years, 90 percent of the landscaped area is covered.
Such plantings can include, but are not limited to, evergreen shrubs, deciduous shrubs, vines, and ground
cover or grasses. If all ~rasses are to be used, the landscaped area must be covered 100 percent at time of
planting.. Low maintenance plantings are recommended.
Alternative landscape plans may be submitted in writing and will be reviewed on a case by case basis.
These may include, but are not limited to, existing plantings in the area of the sign or landscaping
required to be provided under article. XVII, landscaping, of this code.
F. Illumination limitations of electrical signs (does not apply to neon signage). No sign may contain
or utilize any of the following:
(1) Any exposed incandescent lamp with a wattage in excess of 25 watts.
(2) Any exposed incandescent lamp with an internal or external reflector.
(3) Any continuous or sequential flashing device or operation.
(4) Except for electronic changeable message signs, any incandescent lamp inside an internally
lighted sign.
(5) External light sources directed towards or shining on vehicular or pedestrian traffic or on a
street.
(6) Internally lighted signs using 800-milliamp or larger ballasts if the lamps are spaced closer
than 12 inches on center.
(7) Internally lighted signs using 425-milliamp or larger ballasts if the lamps are spaced closer
than six inches on center.
(8) All illumination for externally illuminated signs must be aimed away from nearby residential
uses and on-coming traffic.
G. Setback and distance measurements. The following guidelines shall be used to determine
compliance with setback and distance measurements:
( I ) 'Fhe distance between two signs shall be measured along a straight horizontal line that
represents the shortest distance between the two signs.
- 24 -
(2) The distance between a sign and a property line shall be measured along a straight line
representing the shortest distance between the sign and the property line.
(Ord. No. 95-235, § 4, 6-6-95)
Sec. 22-1603. Variance from sign code.
A. Scope. This section establishes the procedure and criteria the city will use in making a decision
upon an application for a variance from the provisions of the sign code.
B. Required review process. The city will review and decide upon applications for a variance to any
of the provisions of this article using Process IV, Article VII of this Code.
C. Criteria. The city may grant the variance only if it finds all of the following:
(1)
The literal interpretation and strict application of the provisions and requirements of the sign
regulations would cause undue and unnecessary hardship because of unique or unusual
conditions pertaining to the specific building, parcel or subject property;
(2) A sign package consistent with the provisions of this article would not provide the use or the
business with effective signs;
(3)
The variance is necessary because of special circumstances relating to the size, shape,
topography, location or surroundings of the subject property to provide it with use rights and
privileges permitted to other properties in the vicinity and zone in which the subject property is
located;
(4) The variance is not granted for the convenience of the applicant or for the convenience of
regional or national businesses which wish to use a standard sign;
(5) The special circumstances of the subject property are not the result of the actions of the
applicant, the owner of the property or a self-induced hardship; and
(6)
The granting of the variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and in the zone in which the subject
property is located.
D. Conditions and restrictions. As part of any variance approval of a request under this section, the
city may impose any conditions, limitations or restrictions it considers appropriate under the
circumstances. This may include, but is not limited to, requiring that the owner of the subject property
sign a covenant or other written document to be filed with the county to run with the property by which,
at a time certain or upon specific events, the signs on the subject property would be brought into
compliance with all applicable city regulations then in effect. The city may also require a performance
bond under section 22-1599(H) to insure compliance with any such condition or restriction.
(Ord. No. 95-235, § 4, 6-6-95; ()rd. No. 97-291, § 3, 4-1-97).
-25-
Exhibit D
Federal Way City Code
Article XVlII. Signs
Sec. 22-1601
Sec. 22-1601. Signs in non-residential zoning districts.
A. Freestanding signs. Permit applications for freestanding signs shall be designated as
qualifying for a high profile, medium profile or low profile sign, based upon criteria regarding
both the size and zoning designation of the development. The sign profile designation shall
control the sign types, sign height, sign area and number of signs allowed.
Separate parcels or pads for single tenant buildings that comply with all zoning requirements for
single tenant parcels, excluding access, and are not otherwise tied to an adjacent multi-tenant
center by virtue of architectural style or theme, are permitted one freestanding monument or
pedestal sign not to exceed a maximum sign area of 80 square feet for the total of all sign faces
with no one sign face exceeding 40 square feet.
( 1 ) High profile sign.
(a)
Criteria. A subject property meeting all of the following criteria is
permitted a high profile freestanding sign:
(I) A minimum of 250 feet of frontage on one public right-of-way;
(ii)
A zoning designation of City Center Core (CC-C) or City Center
Frame (CC-F), or Community Business (BC);
(ii A multiuse complex; and
(iv) A minimum site of 15 acres in size.
(b) Sign types. The following sign types are allowed for a high profile sign:
(I)
Pylon or pole signs; provided, however, that any pylon or pole sign
must have more than one pole or structural support;
(ii) Pedestal signs;
(ii Monument signs;
(iv) Tenant directory signs; and
(v) Kiosks.
Sign content for any pylon or pole sign, or for any pedestal or monument sign in
lieu of a pylon or pole sign, may include electronic changeable messages, center
-1-
identification signs and/or changeable copy signs. Any high profile sign may be an
electrical sign, an illuminated sign, and/or a neon sign.
(c)
Sign height. A high profile sign shall not exceed the following maximum
heights:
(I) Pylon or pole sign--Twenty-five feet.
(ii)
Pedestal or monument signs--Twelve feet if in lieu of a pylon or
pole sign. Otherwise, pedestal and monument signs shall not
exceed five feet.
(iii)
Tenant directory or kiosk signs--Six feet unless the sign is set back
a minimum of 50 feet from any public right-of-way, in which case
it may be ten feet.
(d)
Sign area. A high profile sign shall not exceed the following maximum
sign areas:
Pylon or pole sign--Four hundred square feet for the total of sign
faces with no one sign face exceeding 200 square feet.
(ii)
Pedestal or monument signs--One hundred twenty-eight square feet
for the total of all sign faces with no one face exceeding 64 square
feet.
(iii) Tenant directory or kiosk signs--Fifteen square feet per sign face.
(e)
Number of signs. A subject property qualifying for a high profile sign may
have the following maximum number of signs:
(I)
Pylon or pole sign--One sign unless the subject property has an
additional 500 feet of street frontage for a total of 750 feet of
aggregate frontage on any public rights-of-way, in which case the
subject property will be allowed one additional high profile sign,
not to exceed a maximum of two such signs per subject property;
(ii)
Pedestal or monument signs--If the pedestal or monument sign is in
lieu of a pylon or pole sign, the number of signs allowed shall be
determined pursuant to subsection (e)(I). In addition, two
monument signs which identify the name of any multiuse complex
are allowed, per entrance from a public right-of-way, not to exceed
five feet in height; and
-2-
(iii)
Tenant directory or kiosk signs--One sign per frontage on a public
right-of-way.
(2) Medium profile sign.
(a)
Criteria. A subject property that does not qualify for a high profile sign
pursuant to section 22-1601(A)(1) and is not a low profile sign by being
zoned Office Park (OP) or Professional Office (PO) pursuant to section
22-1601 (A)(3) is permitted a medium profile freestanding sign.
(b) Sign type. The following sign types are allowed for a medium profile sign:
(I) Pedestal signs; and
(ii) Monument signs.
Sign content for any medium profile sign may include electronic
changeable messages, center identification signs and/or changeable copy
signs. Any medium profile sign may be an electrical sign, an illuminated
sign, and/or a neon sign.
Sign height. The height of a medium profile sign shall be calculated at the
rate of .75 feet in the sign height for every ten lineal feet of frontage on a
public right-of-way; provided, however, that sign height shall be
calculated at the rate of one and one-half feet in sign height for every ten
lineal feet of frontage on a public right-of-way for any multi-tenant
complex and provided, further, that such sign shall not exceed a maximum
height of 12 feet and every applicant is entitled to a minimum height of
five feet.
(d)
Sign area. For any multi-tenant complex, sign area allowed for a medium
profile signs shall be calculated at the rate of two square feet per lineal
foot of frontage on a public right-of-way not to exceed a maximum sign
area of 128 square feet for the total of all sign faces on each permitted sign
with no one sign face exceeding 64 square feet. For other uses, sign area
allowed for medium profile sign shall be calculated at the rate of one
square foot per lineal foot of frontage on a public right-of-way not to
exceed a maximum sign area of 80 square feet for the total of all sign faces
on each permitted sign with no one sign face exceeding 40 square feet.
Notwithstanding the foregoing sign area calculations, every applicant is
entitled to a minimum sign area of 50 square feet for the total of all sign
faces with no one sign face exceeding 25 square feet.
-3-
(e)
Number of signs. A subject property qualifying for a medium profile sign
may have one pedestal or monument sign. for each street frontage. Each
street frontage exceeding three hundred linear feet and containing more
than one vehicular access is permitted one additional freestanding sign. No
subject property may contain more than three freestanding signs regardless
of total linear street frontage and no one street frontage may have more
than two freestanding signs. Freestanding signs shall be located a
minimum distance of 200 feet from other freestanding signs on the same
subject property.
(3) Low profile sign.
(a)
Criteria. A subject property located in the Office Park (OP) or
Professional Office (PO) is permitted a low profile freestanding sign.
(b) Sign type. The following sign types are allowed for a low profile sign:
(I) Pedestal signs;
(ii) Monument signs; and
(iii) Tenant directory signs.
Sign content for any pedestal or monument sign may include center
identification signs and/or changeable copy signs. Any low profile sign
may be an electrical sign, an illuminated sign, and/or a neon sign.
(c)
Sign height. A low profile sign shall not exceed the following maximum
heights:
(I) Pedestal or monument signs--Five feet.
(ii)
Tenant directory signs--Six feet unless the sign is set back a
minimum of 50 feet from any public right-of-way, in which case it
may be ten feet.
(d) Sign area.
(I)
Pedestal or monument signs--Sign area allowed for a low profile
sign shall be calculated at the rate of one square foot per lineal foot
of frontage on a public right-of-way; provided, however, that a low
profile sign shall not exceed a maximum sign area of 80 square feet
-4-
for the total of all sign faces on each permitted sign with no one
sign face exceeding 40 square feet, and every applicant is entitled
to a minimum sign area of 50 square feet for the total of all sign
faces with no one sign face exceeding 25 square feet.
(ii) Tenant directory signs--Fifteen square feet per sign face.
(e)
Number of signs. A subject property qualifying for a low profile sign may
have the following maximum number of signs:
(I)
Pedestal or monument signs--One sign per frontage on a public
right-of-way; and
(ii)
Tenant directory signs--One sign per frontage on a public right-of-
way.
(4)
Combined sign package for adjacent property owners. The owners of two or more
properties that abut or are separated only by a vehicular access easement or tract
may propose a combined sign package to the city. The city will review and decide
upon the proposal using Process III. The city may approve the combined sign
package if it will provide more coordinated, effective and efficient signs. The
allowable sign area, sign type, sign height and number of signs will be determined
as if the applicants were one multi-tenant complex.
B. Building mounted signs.
(1)
Sign types. The following may be building mounted signs and are allowed in all
non-residential zoning districts:
(a) Awning or canopy signs;
(b) Center identification signs;
(c) Changeable copy signs;
(d) Civic event signs;
(e) Directional signs, on-site;
(f) Electronic changeable message signs;
(g) Instructional signs;
-5-
(h) Marquee signs;
(I) Projecting signs;
(j) Tenant directory signs;
(k) Time and temperature signs;
(1) Under canopy signs; and
(m) Wall mounted signs.
Any building mounted sign may be an electrical sign, an illuminated sign, and/or a
neon sign.
(2)
Sign height. No sign shall project above the roofline of the exposed building face
to which it is attached.
(3)
Sign area. The total sign area of building mounted signs for each business or
tenant, excluding under canopy signs, shall not exceed seven percent of the
exposed building face to which it is attached; provided, however, that no
individual sign shall exceed a sign area of 240 square feet and every applicant is
entitled to a minimum sign area of 30 square feet. A multi-tenant complex which
does not use a freestanding sign may have one additional wall mounted sign not to
exceed four percent of the of the exposed building face to a maximum of 160
square feet. This sign is in addition to any other tenant signs on that building face.
(4)
Number of signs. The number of building mounted signs permitted each user is
dependent upon the surface area of the largest single exposed building face of his
or her building as follows, excluding center identification signs:
Largest Exposed Building Face
Less than 999 sq. ft.
1,000 -- 2,999 sq. ft.
Maximum Number of Signs
2
3
-6-
3,000 -- 3,999 sq. ft. 4
4,000 and over sq. ft.
Buildings with more than 4,000 square feet on any exposed building face, with
several clearly differentiated departments, each with separate exterior entrances,
are permitted one sign for each different department with a separate exterior
entrance, in addition to the five permitted.
An applicant is not permitted to transfer sign area calculated pursuant to
subsection (3) from one building face to another but is allowed to move allotted
signs from one building face to another. No sign or signs may exceed the
maximum area permitted for that building face except as may be specifically
permitted by this code.
Each business or use shall be permitted under canopy signs in addition to the other
permitted building mounted signs subject to the size and separation requirements
set forth in section 22-1599(C)(2)(w) of this Code.
C. Sign area multipliers. The sign area and sign number allowed, as set forth in section
22-1601(A)(1)(d) for high profile signs, (2)(d) for medium profile signs, and (3)(d) for low
profile signs and section 22-1601(B)(3) for building mounted signs may be increased in the
following instances; provided, however, that in no event shall the sign exceed the maximum sign
area allowed:
(1)
If no signs on the subject property have internally lighted sign faces, then the total
sign area allowed may be increased by 25 percent.
(2)
If all signs, other than center identification signs, are building mounted signs, the
total sign area allowed may be increased by 25 percent.
(3)
A time and temperature sign may be included with any sign and such time and
temperature signs shall not be included for purposes of calculating maximum sign
area or maximum number of signs.
(Ord. No. 95-235, § 4, 6-6-95; Ord. No. 96-270, § 3(F), 7-2-96)
-7-
MEETING DATE: November 16, 1999 ITEM//
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: Ordinance Annexing the "Tract 17" Property
CATEGORY:
CONSENT
X ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
BUDGET IMPACT: N/A
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: Proposed annexation ordinance, legal description and boundary map of the
annexation area. (The staff report for the proposed annexation is attached to the
annexation resolution included under Council Agenda Item V.b).
SUMMARY/BACKGROUND: On 5/5/99 the City received a 10% petition from John Elley and the
Quadrant Corporation, to annex a 1.25-acre parcel located east of I-5, west of Military Road, and
approximately 600 feet north of South 320t~ Street at Weyerhaeuser Way South (if extended). On 6/15/99
the City Council accepted the 10% petition and authorized circulation of the 60% petition. On 9/16/99 the
City received a 60% petition for annexation of the subject property. Following a public hearing, the
Council may adopt a resolution accepting the 60% petition, and approve the annexation by adopting an
annexation ordinance.
COUNCIL COMMITTEE RECOMMENDATION: 'The Land Use and Transportation Committee
recommended at their 6/7/99 meeting that Council accept the 10% petition. The 60% petition was not
reviewed again by committee because it was consistent with the previous committee recommendation and
Council direction.
CITY MANAGER RECOMMENDATION: Move the attached annexation ordinance to second reading,
conditioned upon subsequent approval of the annexation by the King County Boundary Review Board
(BRB) if its jurisdiction is invoked,
APPROVED FOR INCLUSION IN COUNCIL
PACKET:
(BEL 0 W TO BE COMPLETED B Y CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
K:\Agnditem\Tract 17.ord
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION#
ORDINANCE NO. 99-
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, ANNEXING
APPROXIMATELY 1.25 ACRES, LOCATED EAST OF
INTERSTATE 5, WEST OF MILITARY ROAD, AND-'
APPROXIMATELY 600 FEET NORTH OF SOUTH 320TM
STREET, AT WEYERHAEUSER WAY SOUTH (IF
EXTENDED).
WHEREAS, RCW 35A.14.010 authorizes the City of Federal Way to annex any
portion of a county not incorporated as part of a city or town but lying contiguous to the City of
Federal Way; and
WHEREAS, on May 5, 1999, pursuant to RCW 35A. 14.120, John Elley, as owner
of not less than ten percent (10%) in assessed valuation of the property proposed for annexation, as
certified by the City Clerk, filed a Notice of Intention to Petition for Annexation to the City of
Federal Way approximately 1.25 acres of property ("Annexation Property"), located contiguous to
the northeast boundary of the City of Federal Way; and
WHEREAS, on June 15, 1999, the City Council accepted the 10% Petition,
authorized the preparation of a Petition for Annexation, and required the assumption of a pro rata
proportion of existing City indebtedness by the Annexation Property; and
WHEREAS, the City Council established Comprehensive Plan and Zoning
designations, subject to a Development Agreement for the Annexation Property, on December 15,
1998, pursuant to Ordinances No. 98-330; and No. 98-331, respectively; and
WHEREAS, the annexation action is exempt from all environmental review pursuant
to RCW 43.21C.222; and
ORD # , PAGE I
WHEREAS, the Annexation Property is legally described and depicted in a map
contained in Exhibit A, which is attached hereto and incorporated herein by reference; and
WHEREAS, on November 16, 1999, the City Council held a public hearing, after
public notice as required by law, on the proposed annexation of the subject property, and
WHEREAS, on November 16, 1999, the City Council adopted Resolution No. 99-
~ declaring and giving notice of its intention to annex the subject property; and
WHEREAS, the City Cotmcil considered the annexation at its meeting on November
16, 1999, and finds that annexation of the subject property would promote the health, safety and
welfare of the citizens of Federal Way;and
WHEREAS, Mr. Elley has complied with the Council's conditions to annexation, as
set forth in Resolution No. 99- .;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Annexation. The City ~fFederal Way hereby annexes approximately 1.25
acres, located east of Interstate 5, west of Military Road, and approximately 600 feet north of South
320th Street, at Weyerhaeuser Way South, if extended ("Annexed Property") and as legally described
and depicted in Exhibit A, which is attached hereto and incorporated herein by reference. The
Annexed Property shall become a part of the City of Federal Way, Washington, as of the effective
date of this Ordinance, subject to laws and ordinances, regulations and plans of the City, as they now
exist or may hereafter be amended or adopted.
Section 2. Indebtedness. The Annexed Property shall assume its pro rata share of
existing City indebtedness, and shall be assessed and taxed at the same rate and on the same basis
ORD it , PAGE 2
as other property within the City to pay for any and all outstanding indebtedness of the City
approved by the voters, contracted for or incurred prior to or existing as of the effective date of this
Ordinance.
Section 3. Filing. The City Manager and/or his designee is directed to file forthwith
a copy of this Ordinance, duly certified as a true and correct copy, with the County Council of King
County, pursuant to RCW 35A. 14.140.
Section 4. Severabili _ty. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect
the validity of the remainder of the ordinance, or the validity of its application to other persons or
circumstances.
Section 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 45 days
after the date on which the Notice of Intention to Annex is filed with the Washington State Boundary
Review Board ("BRB") for King County pursuant to Resolution No. 99- , if no person or entity
invokes the jurisdiction of the BRB, or on the effective date of BRB approval of the annexation if
BRB jurisdiction is invoked.
PASSED by the City Council of the City of Federal Way this day of
,1999.
ORD # , PAGE 3
CITY OF FEDERAL WAY
MAYOR, RON GINTZ
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:\CD\OKDINA\TRACTI 7.ORD
ORD # , PAGE 4
FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
STAFF REPORT TO
THE FEDERAL WAY CITY COUNCIL
~Tract 1 7" Annexation Petition
Federal Way File No: ANN99-0001
Public Hearing: November 16, 1999 - 7:00 pm
City Council Chambers
Federal Way City Hall
33530 First Way South
(253.661.4118)
Report prepared by:
Lori Michaelson, AICP, Senior Planner
TABLE OF CONTENTS
Section
1. GENERAL INFORMATION .................................... 1
2. ACTIONS REQUESTED ...................................... 1
3. HISTORY AND BACKGROUND ................................ 2
4. COMPREHENSIVE PLAN AND ZONING DESIGNATIONS ........... 3
5. ENVIRONMENTAL REVIEW ................................... 3
6. LAND USE AND NEIGHBORHOOD CHARACTERISTICS ........... 4
7. PUBLIC FACILITIES AND SERVICES ........................... 4
8. ANNEXATION-RELATED COSTS AND REVENUES TO THE CITY .... 7
9. DECISIONAL CRITERIA ...................................... 7
10. FINDINGS ................................................. 8
11. STAFF RECOMMENDATION .................................. 9
Exhibits
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Sixty Percent Annexation Petition
Annexation Area Map
Federal Way Potential Annexation Area (PAA) Map
City Clerk Certification
Existing Comprehensive Plan Map
Existing Zoning Map
Development Agreement
Master Site Plan, Quadrant (exhibit to "residential north" annexation staff report,
File No. ANN98-0001)
Costs and Revenues to the City Associated with the Annexation (Section IX of
"residential north" annexation staff report, File No. ANN98-0001)
Staff Report to the City Council
File No. ANN99-O001
November 16, 1999
1. GENERAL INFORMATION
Project Name:
Tract 17 Annexation
Applicant:
John R. Elley
3435 South 316~ Street
Auburn, WA 98001
Property Location:
Within King County, adjacent to Federal Way City limits,
east of Interstate 5, west of Military Road South,
approximately 600 feet north of South 320th Street, at
Weyerhaeuser Way South (if extended).
Parcel Numbers:
551560-0090 (Tract 17, Midway Suburban Tracts)
Project Area:
1.25 acres
Federal Way
Comprehensive
Plan and Zoning:
Multi-Family and RM-3600 (Multi Family Residential,
3600 square feet of lot area per dwelling unit);
modified to 6 units per gross acre pursuant to an adopted
development agreement.
ACTIONS REQUESTED
The City has received an annexation petition from John Elley (Exhibit A) to annex a 1.25-
acre parcel of land located within unincorporated King County and known as "Tract 17"
(Exhibit B). The proposed annexation area is contiguous to existing City of Federal Way
boundaries, within the City's Potential Annexation Area (Exhibit C). Under State Lawx and
Federal Way City Code (FWCC)2, the City Council may decide on the proposed annexation
following a public hearing, scheduled for November 16, 1999. There are no statutory
requirements for the public hearing other than to provide an opportunity for public testimony.
Following the hearing, the City Council may accept the 60 percent petition; and by resolution
I RCW 35A. 14.010 authorizes cities to annex property; 35A. 14.120 et seq., governs the 60% petition method of
annexation; RCW 36.70B. 170 et seq. governs development agreements.
2 FWCC Article III, Annexations.
-1-
Staff Report to the City Council
File No. ANN99-O001
November 16, 1999
declare and give notice of intention to annex the subject property3, and direct staffto submit
a Notice of Intention to Annex to the King County Boundary Review Board4, and make a
motion to move the ordinance approving the annexation to second reading.
3. HISTORY AND BACKGROUND
On May 5, 1999, the City received a "ten percent petition~'' from the Mr. John Elley, sole
owner of the property proposed for annexation, jointly with the Quadrant Corporation. On
June 15, 1999, the City Council accepted the 10% petition with geographic boundaries as
proposed, authorized circulation of the 60% petition, and directed that the property within
the annexation area assume its proportionate share of the City's bonded indebtedness upon
annexation.
On September 16, 1999, the City received Mr. Elley's formal annexation petition6 (Exhibit
A). The petition was certified by the Federal Way City Clerk (Exhibit D), and a City Council
public hearing on the petition was scheduled.
The Tract 17 annexation petition is a follow-up to Quadrant's previous annexation petition
known as "residential north7'', which was approved by the City Council in 1998, but which
inadvertently left out Tract 17. However, annexation and future development of Tract 17
as part of the residential north the property was contemplated by the Council's adoption of
pre-annexation comprehensive plan and zoning designations for Tract 17, subject to a
Development Agreement, concurrent and consistent with the residential north property. Mr.
Elley and Quadrant have confirmed that their intent is still to consolidate Tract 17 under
common ownership and future development plans with the adjacent residential north property.
The Tract 17 annexation proposal effectively constitutes a minor addition to the 1998
3 Because the annexation is subject to review by the King County Boundary Review Board (BRB) (RCW
36.93.090.100), an annexation ordinance passed following a hearing but before board review is not effective. The City Council
must first adopt a resolution of intent to annex, to authorize the filing of a notice of intent with the BRB. If the Council wishes
to simultaneously adopt an annexation ordinance, it may do so conditioned upon BRB approval.
4 If clearance is received from the boundary review board, and if no sufficient referendum petition is filed within 45
days fi.om passage of the annexation ordinance (excluding the date of passage), the annexation will be deemed automatically
approved.
The Notice of Intention to Petition for Annexation is commonly called the "ten percent petition."
6 Commonly called the "sixty percent petition."
7 Refer to "Residential North" Annexation and Development Agreement, City File No. ANN98-O001. Pertinent parts
from this report are referenced herein and exhibited hereto.
-2-
Staff Report to the City Council
File No. ANN99-O001
November 16, 1999
"residential north" annexation proposal. Therefore, the Tract 17 annexation analysis is based
largely on the residential north staff report, with relevant sections of the previous report
summarized herein and/or attached.
4. COMPREHENSIVE PLAN AND ZONING DESIGNATIONS
As noted above, pre-annexation comprehensive plan and zoning designations8, subject to a
Development Agreement9, was adopted for Tract 17 by the City Council on December 15,
1998. These designations included multi-family residential, and RM-3600, respectively
(Exhibits E and F) and were consistent with the adjacent Quadrant residential north
property. (Former King County comprehensive plan and zoning designations included Urban
Residential and R-18 (Residential; 18 units per acre), respectively.
The Development Agreement (Exhibit G) contemplates development of Tract 17 consistent
with the applicant's master site plan for the residential north property (Exhibit H). The
principal purpose of the agreement is to ensure lower density residential development on the
site than the underlying zoning of RM-3600 would allow, by limiting the maximum number
of dwelling units to six (6) per gross acre. The agreement also preserves the ability to extend
the BPA trail system across a portion of the site (within the BPA utility easement). The
agreement contains no other specific development regulations or design standards. All
applicable City codes, policies, regulations, and standards, will apply to the development,
including site and building design, infrastructure design and construction, and
nonconformance provisions. Site development is also subject to review under SEPA and to
any resulting mitigation measures.
It should be noted that Quadrant has submitted a rezone request for Tract 17 and the
residential north property, from residential to office. The request is being processed as part
of the City's annual updates to the comprehensive plan and zoning map. The staff'report for
the 1999 updates will include an analysis of development-related impacts associated with the
requested changes. However, pending a Council decision on Quadrant's request, the existing
zoning and development agreement remain in effect and are the basis for this staff report.
5. ENVIRONMENTAL REVIEW
Annexation is an exempt action under the State Environmental Policy Act (SEPA) (RCW
43.21 C222). A Determination of Non-Significance (DNS) was issued on May 6, 1998, for
City Council Ordinance No. 98-330
City Council Ordinance No. 98-331.
-3-
Staff Report to the City Council
File No. ANN99-O001
November 16, 1999
the comprehensive plan and zoning designations for the proposed annexation area. Future
development of the property will be subject to SEPA at the time of application, as well as any
resulting mitigation measures as may be required to control project-related adverse impacts.
6. LAND USE AND NEIGHBORltOOD CHARACTERISTICS
Tract 17 is presently vacant and undeveloped. Existing land uses and zoning in the general
vicinity include residential and office. Properties to the west and south of the site are
generally undeveloped and are part of the "residential north" area previously annexed. No
environmentally sensitive areas are known to exist on or within 100 feet of Tract 17.
However, wetlands have been identified to the south and west of the property. A fire station
is located on South 320a Street, southeast of the site. The BPA easement runs diagonally
through the north portion of Tract 17, which is contemplated as a future regional trail system
by the adopted development agreement. Refer to Exhibits E and F for existing
comprehensive plan and zoning designations for the site and surrounding area. As previously
noted, Tract 17 is anticipated to be developed consistent with the "residential north" property,
subject to all applicable City codes, policies, and regulations.
7. PUBLIC FACILITIES AND SERVICES
Public facilities and services (urban services) are available to the annexation area and can
efficiently be provided by the City and its service area providers. Urban services include
transportation, police, fire, water, sewer, surface water, parks/recreation, and general
government services. The following detail is drawn from the "residential north" annexation
staff.report, which is relevant and applicable to the current proposal.
A. Transportation
Specific transportationt°-related improvements and requirements will be determined
during development review of the proposal, under the Federal Way City Code and
Comprehensive Plan, SEPA, and all other applicable codes, policies, and regulations.
Based on the current development plan for Tract 17 and the residential north
propertyn (Exhibit H), vehicle access to the development will be provided from
10
Improvements to existing and new streets, any offsite mitigation, and related facilities, as required for the safe and efficient movement
of vehicles, pedestrians, bicycles, public transportation, emergency vehicles, and school buses, will be determined through the development and
environmental review processes and applied to the project.
I I Quadrant's conceptual site plan for the "residential north" properties, reviewed by the City Council in 1998,
included Tract 17.
Staff Report to the City Council
File No. ANN99-O001
November 16, 1999
South 320~ Street. South 320t~ Street is classified as a principal arterial by the
Federal Way Comprehensive Plan (FWCP). Ultimate street improvements to South
320th Street are expected to include a six to seven lane street section, with sidewalk,
street lighting, planted median and street trees on both sides.
The development plan also contemplates a northerly extension of Weyerhaeuser Way
South, from South 320th Street through the site, and reserving future access to the
north. The existing segment of Weyerhaeuser Way South (south of 3204 Street) is
classified as a principal collector. Based on the development proposal,
Weyerhaeuser Way north of 3204 will be built to the City's residential collector
standards, including a two to three lane street with sidewalks, street trees, lighting,
etc. The extension of Weyerhaeuser Way north from South 3204, with ultimate
connection to Military Road South, will provide an essential transportation corridor
to the annexation area and to other adjacent properties within the City's Potential
Annexation Area (PAA).
B. Public Safety
Police and fire services are available to the site and will be provided by the City's
Public Safety Department and Federal Way Fire Department.~2 King County provides
jail and court services to the City of Federal Way on a contractual basis. Emergency
medical services (EMS) are dispatched by the fire district and paid for by property
taxes. A safe and secure environment will be ensured through current building and fire
codes, as well as site design requirements, including application of"Crime Prevention
Through Environmental Design" (CPTED) principles, as appropriate.
G. Utilities
Domestic water and sanitary sewer are currently available to the area and can be
provided by the Lakehaven Utility District. The District currently provides water to
this area, and sanitary sewer is available from South 320~h Street through a developer
extension agreement. The annexation area is located within the District's approved
sewer service area boundary, and the District currently has capacity for collection and
treatment of sewerage from the annexation area. Other utility providers are expected
to include Puget Sound Energy (electricity, power poles, and equipment), Federal
Way Disposal (solid waste and recycling collection), and TCI (cable).
12 Federal Way Fire Department is owned and operated by the King County Fire District. No fire-related cost will accrue to the City as a
result of the annexation.
-5-
Staff Report to the City Council
File No. ANN99-O001
November 16, 1999
D. Surface Water Quantity and Quality
Tract 17 is located in the Green River Drainage Basin. The site developer will be
required to provide on site facilities for detention and treatment of storm water in
accordance with the King County Surface Water Design Manual and all other
applicable codes, policies, and engineering standards. Also, any off' site mitigation
measures necessary to address surface water-related adverse impacts will be applied
to site development through environmental review. In addition, surface water
management (SWM) fees will be collected by the City on an annual basis. Site
development is not expected to generate impacts which can not be addressed through
one or more of these processes.
E. Parks and Recreation
The Parks Department has indicated that there are no nearby neighborhood parks to
meet the recreation needs of future residents within the annexation area. However,
any residential development of the site pursuant to the City's zoning and subdivision
codes will require on site open space and recreational opportunities comparable to a
neighborhood-scale park, and this should be sufficient to meet the need generated by
the additional population. Consequently, the impact to the existing City-wide parks
LOS is expected to be minimal.
F. General Government Services
General government services (Municipal Court Services, Civil Legal Service,
Community Development & Administrative Services) will be provided to the site
concurrent with annexation and development of the subject site.
G. Other Public Services
School Services: Federal Way School District has indicated that the annexation area
is located within the service boundaries of Lake Dolloff Elementary School, Kilo
Junior High School, and Thomas Jefferson High' School. Impacts to these schools
and related services, resulting from additional residential population generated by
development in the annexation area, is expected to be mitigated by school impact fees.
Impact fees are collected by the City at building permit issuance and passed on to the
school district. The city budget is not affected by school impact fees.
Franchises: The City of Federal Way currently has franchises with TCI (cable
service), Puget Sound Energy (power poles and equipment) and Federal Way
-6-
Staff Report to the City Council
File No. ANN99-O001
November 16, 1999
Disposal (solid waste and recycling collection). The City is also developing
agreements with several telecommunications service providers, and investigating a
franchise agreement with the Olympic Pipeline Company.
8. ANNEXATION-RELATED COSTS AND REVENUES TO THE CITY
An analysis of costs and revenues was prepared for the 1998 "residential north" annexation.
Given the relatively small size and development potential of Tract 17, with respect to the
overall master plan, it would not be expected to generate any significant differences in costs
or revenues to the City, were it included in the previous analysis. Therefore, the previous
analysis is applicable to the current proposal and is attached to this report in its entirety
(Eocnibit l).
9. DECISIONAL CRITERIA
A. Concurrent Comprehensive Plan and Zoning Designations
Federal Way City Code (FWCC) Sec. 19-101 requires that comprehensive plan and
zoning designations be established concurrently with annexations in cases where such
designations are either absent or outdated. Existing Federal Way Comprehensive
Plan and Zoning designations, including Multifamily Residential and RM-3600,
respectively, pursuant to a development agreement, were established for the subject
property in 1998, and remain in effect at this time.
B. Annexation
The annexation proposal complies with RCW 35A. 14.120 (the sixty percent petition
method of annexation) as follows:
(1)
On May 5, 1999, Mr. Elley filed a Notice of Intention to Petition for
Annexation to the City, which was certified to represent the owner(s) of not
less than ten percent of the assessed valuation of the subject property.
(2)
On June 15, 1999, the City Council accepted the ten percent annexation
petition, authorized circulation of the formal petition, and required the
assumption ora pro-rata share of the City's existing bonded indebtedness by
the area to be annexed.
(3)
On September 16, 1999, Mr. Eiley filed an annexation petition, which was
certified to represent the owner(s) of not less than sixty percent of the
-7-
Staff Report to the City Council
File No. ANN99-O001
November 16, 1999
assessed valuation of the subject property, and a City Council public hearing
on the annexation was scheduled.
10.
C. Consistency with the Federal Way Comprehensive Plan (FWCP)
The annexation proposal is consistent with the following Federal Way Comprehensive
Plan (FWCP) policies:
Annexations generally should not have or create abnormally irregular boundaries.
(PAAP6)
Proposed annexations should use the 60% petition method when possible. (PAAP9)
The City will require owners of land annexing into Federal Way to assume their
proportion of existing City bonded indebtedness. (PAAP 12)
The City should establish departmental service needs prior to major annexations
through a fiscal impact analysis. As revenues from each area are collected, increase
City services to maintain current Citywide levels of service. (PAAP 14)
Provide newly annexed areas with the same level of service enjoyed by areas reside
Federal Way, while maintaining current Citywide service levels. (PAA15)
FINDINGS
The following are findings for approval of the proposed annexation.
(~)
RCW 35A. 14.010 authorizes the City of Federal Way to annex any portion of a county not
incorporated as part of a city or town but lying contiguous to the City.
(2)
On May 5,1999, John Elley filed a Notice of Intention to Petition for Annexation to the City
of Federal Way, for certain real property lying contiguous to the northeast boundary of the
City of Federal Way, signed by the owner(s) of not less than ten percent of the assessed value
of the property within the annexation area, as certified by the Federal Way City Clerk.
(3)
On June 8, 1999, the City Council authorized the preparation of a Petition for Annexation and
required the annexation area to assume a pro-rata share of the City's indebtedness.
(4)
On September 16, 1999, the City received a petition from John Elley, signed by owner(s) of
not less than 60 percent of the assessed value of property within the annexation area, as
certified by the City Clerk, to annex the subject property.
-8-
Staff Report to the City Council
File No. ANN99-O001
November 16, 1999
(5)
The proposed annexation area is located within the City of Federal Way's adopted Potential
Annexation Area (PAA), consistent with Federal Way Comprehensive Plan (FWCP) policies
related to annexation.
(6)
The subject property was previously given pre-annexation zoning and comprehensive plan
designations of Multifamily Residential, and RM-3600, respectively, subject to an approved
development agreement.
(7)
The subject property is located in an area where adequate urban services can be effectively
provided by the City of Federal Way, consistent with the Federal Way Comprehensive Plan
(FWCP, Growth Management Act (RCW 36.70A.110) and King County Countywide
Planning Policies relating to PAA's and urban growth areas.
(8)
Annexation of the subject property by the City of Federal Way is not anticipated to result in
an adverse financial burden to the City.
(9)
Annexation of the subject property by the City of Federal Way has been processed in
accordance with all state and local statutory requirements, and it will promote the health,
safety, and welfare of the citizens of Federal Way.
(10)
Future development will be subject to all applicable City codes, policies, regulations, and
agreements, which will ensure compatibility with existing and planned land uses.
11. STAFF RECOMMENDATION
At~er consideration of the staff report and recommendation, and at the conclusion of the November 16,
1999, public heating, if the City Council finds that the proposed annexation is in the best interest and
general welfare of the City, the City Council may take the following action:
Accept the 60 percent petition by resolution and direct staff to submit a Notice of Intention
to Annex to the King County Boundary Review Board, and
(2) Move the ordinance approving the annexation, subject to clearance to second reading.
Pursuant to the requirements of FWCC Article III, Annexation, staff recommends that the City
Council accept the 60 percent petition by resolution; direct staff to file a Notice of Intention to
Annex to the King County Boundary Review Board; and move the ordinance approving the
annexation to second reading, with effective date subject to clearance by the King County
Boundary Review Board.
Date report prepared:
-9-
November 9, 1999
.,
TO:
PETITION FOR ANNE~TION TO THE
CITY OF FEDERAL ~rAy, BrASHINGTON
THE HONOF<ABLE MAYOR ;dqD CITY COUNCIL OF THE
CITY OF FEDERAL WAY, WAS}{INGTON
33530 lST WAY SOUTH
FEDERAL WAY, WASHINGTON 98003
We, the undersigned, being the owners of not less than sixty percent
(60%) in value of thc real property herein described and lying contiguous ~o
the City of Federal Way: Washincton. do hereby petition that such territory be
annexed to and made part of the City of Federal Way under the provisions of RCW
35A.14.120, et sec., and any amendments thereto, of the State of Washington.
The territory proposed to be annexed is within King County; Washington;
the legal description of which territory is set forth in Exhibit "A", attached
hereto and made part hereof; and tt~e boundary map of which territory is set
forth in Exhibit "B", attached hereto and made part hereof.
The City Council of the City of Federal Way met with the initiaEing
parties at a regularly scheduled meeting on June 15, 1999, and did determine
that the City would accept the petitioner's Notice of Intention to Petition,
with boundaries as proposed 0y the petitioner. At said meeting the City
Council did also determine as disclosed by the minutes entry regarding the same
in the minutes of the council meeting of July 15, 1999, that the area proposed
to be annexed Cit\, would be reouired to assume its pro rata portion of existing
city indebtedness, if such area is annexed to the City.
WHEREFORE, the undersigned peEition the City Council and request:
(a)
The appropriaue act%on be taken to entertai~'-this oetition, fi:-:zng
a date for a public i~earing, causing notice to be published and
posted, soot!lying uno ~ime and place of such hearing, and inviu~ng
all persons ~ntere~ued ~o appear and voice approval or disapproval
of such annexation: and
(b)
That following such hearing, and pending approval of the Boundary
Review Board, the City Council determine by ordinance Chat_ suck
annexation shall be made, annexing the above described Eerrito:v,
and declaring the date whereon such annexation shall be effective;
and the propert-y so annexed shall become a part of the ciEv ef
Federal Way, subjec: ko its laws and ordinances then and thereaf:er
in force.
The petitioner subscr~binc he:_eto agrees that all property within the terri~orv
hereby sought to be anne'-:ed shall be assessed and taxed at the same rate and
on the same basis as cnher proper~y within the City of Federal Way, including
:.~ of.any bonds issued or debts contracte~, prior
assessments or ~a:-:es ~:~. payme ~ ~c~-;:~ /~ ~' .
to or existing a~ ~he date of ~ne anne.~atlon, and ackn~e~e~ ...~-.~at~
~;~ll:]~ t,--', %C~ l' ~L,~'~L , ;: ~1.. -;~
terri'tory hereby soueh: to be :.nn~...=d has been pr=v~ouPl-F p~anned and zonec
the City of FederaA :':a7, as est:a:~lished on ogfi. cial comprehensive
zoning maps as a:Sc, o~,,a ~',' Ui'.. ~5:.:~. o~ Federa~ Way. ..:. : :,~ ill.
EXHIBIT'
PAGE_LOF_
WARNING
EVERY PERSON WHO SIGNS THIS PETITION WITH ANY OTHER THAN HIS/HER TRUE NAME,
OR WHO KNOWINGLY SIGNS MORE THA/q ONE OF THESE PETITIONS, OR SIGNS A PETITION
WHEN HE/SHE IS NOT A REGISTERED VOTER, OR SIGNS A PETITION WHEN HE/SHE IS
OTHERWISE NOT QUALIFIED TO SIGN, OR WHO MAKES HEREIN ANY FALSE STATEMENT,
SHALL BE GUILTY OF A MISDEMEANOR.
OWNER'S SIGNATURE
PRINTED NAME
ADDRESS
DATE SIGNED
4 97oo~
RECEIVED BY
COM~,,~UN 'ih' DEVELOP,,'¢.Et,,rT DEPAR'B/.~IT
EXHIBIT
PAG
ANNEXATION DESCRIPTION
QUADILA. NT R~S NORTH, TRACT 17 PARCEL
THAT PORTION OF OF LOT 17, MIDWAY SUBURB.tuN TRACTS, ACCORDI~,' G TO THE
PLAT THEREOF, RECORDED 1N VOLUME 38 OF PLATS, PAGE 40, IN KING, COUNTY,
WASHINGTON, LYiNG SOUTHERLY OF THE SOUTHEASTERLY MARGff4 OF THE
BONNEVILLE PO\VER ADMiNISTRATION'S TRANSMISSION LI'NrE RIGHT OF WAY,
200 FEET IN WIDTH, FOR COVINGTON-TACOMA TRANSMISSION LINES ~OS. l AND
2, AS SAID RIGHT OF WAY EXISTED PRIOR TO NOVEMBER 29, 1958.
DESCRIPTION BY W&H PAC~IC, INC.
ROBERT E. WALL[S,- P.L.S. 18102
DATE
RECEIVED BY'
EXHIBIT _ -
PAGE. OF
fT].-iEf 1.7
I
.~ .).'~ ,..:.~..',.,:~' ,:rd.'"
I
· :.'"}'!':- "?'~.9'-'
THIS DRAV4NG IS BASED ON C~-t~CACO TITLE INSURANCE COMPANY.
ORDER NO. 25164J. DATED DECEMBER 9, i998 AND ES."~ SURVEY
4'X4' CONC. MON.
V,~TH COPPER PIN
*:7'- MONUMENFEO SmEEF CENFERLINE~(ESM - FEB. 1990)~
~0~ N89 '44 '4 7'W : N89 '44 '4 7 'W
" 2665 0~' rES~J)
~30.02'
2" IRON PiPE FILLED VflTH 5~9'03'19-E ~ STONE MONUMENTJ
CONCRETE ~?~TH TACK, IN CASE 2665.35' ~TH CHISELEO
(ESM - FE~. 1990) (ESM - FEB. 1990)
PACIFIC
FEDERA. L ',,.-.~,'" ....,
QUADRANT RECEIVED BY
RESIDENTIAL NO~ITY OEvELO~E'' ~ OEPA~ENq
TRACT 1 7 ANNEXA TIO~p l~. isg.q.
EXHIBIT ~
WA ~t41NC; TON ~'
EXHIB .T
PAGE__ff_ur
S. 316TH ST.
WAY CITY LIMITS
S. 320TH ST.
ST.
Tract 17
Proposed
Annexation
(STR:SW102104)
To the City of
Federal Way
Annexation Area
Map
Legend:
Federal Way City Limits
Proposed Annexation
Area
Vicinity Map
Scale: 1 to 5400
1 Inch equals 450 Feet
0 500 Feet
Map Printed: October 1999
luserslnamim/projects/comdevlannxtl 7v.map
City of
Federal Way
S 320TH ST
~_l:l[r H ST
; s. 308th $
S. 336TH $~:.~.~ --____
/
272ND ST.
,/
Steel
Lake
$. 298th ST.
·
Annexation
Area
i
'!
$.
Lake
I
Legend:
Federal Way City Limits
Potential Annexation Area
ProDosed Annexation Area
Potential Annexation C
1 Inch equals 2548 Fee
Area BoundarJ~,XHiBiT ~'~ ''~ ~'~"
and Tract 17
Annexation PAGE/_._OF
'""l~~esentaion only. The
City of Federal Way makes no
warrant7 ,as to its aaccurac~im
33530 1 ST WAY SOUTH
(253) 661-4000
FEDERAL WAY, WA 98003-6210
CERTIFICATION OF PETITION FOR ANNEXATION
I, N. Christine Green, City Clerk of the City of Federal Way, Washington, do hereby certify that
on September 23, 1999, I received a sixty (60%) percent Petition for Annexation, and
attachments thereto, from John R Elley, which documents are attached hereto as "Exhibit 1". I
then proceeded to make a determination on the signature subnfitted thereon.
The petition contains the sole signature of John R. Elley. The value is not less than sixty (60%)
percent of the value of the property in the annexation area as a whole, according to the assessed
valuation for general taxation of the property for which annexation is sought.
The signature submitted on the Petition for Annexation represents an assessed valuation of
$40,600.00, wlfich constitutes one hundred (100%) percent of the total area, and exceeds the
required sixty (60%) percent.
~ ,~.I.~GN~D and S.E.A~. ? ,t,his 14th day of October, 1999.
N. CIiristine Green, CMC
City Clerk
City of Federal Way, Washington
atmex, quadl 7
EXHIBIT
PAGE_LOF- -
191
URBAN RES,
4-12 DU/ACRE
(KC)
URBAN RES.
4-12 DUIACRE
(KC)
URBAN RES.
4-12 DUIACRE
(KC)
OFF
WAY CITY LIMITS
S. 320TH ST.
:E PARK
FW)
OFFICE PARK
(FW)
OFFICE PARK
(FW)
URBAN RES.
> 12 DU/ACRE
(KC)
URBAN RES.
· 12 DU/ACRE
(KC)
ITH ST.
URBAN RES.
4-12DU/ACRE
(KC)
URBAN RES.
4-12 DU/ACRE
Tract 17
Proposed
Annexation
To the City of
Federal W~
Existing
Federal Way
Comprehensive
Plan Map
Legend:
Federal Way City Limits
Plan Designation Boundary
Propo~d Annexation
Area
Scale: 1 to 5400
1 Inch equals 450 Feet
0 500 Feet
Map Pdnted: October 1999
/users/namim/projects/co '
annxtl 7c.map
~, //. ~ / q~--> Proposed
' R4 ~ - ,: Annexation
~,~. ~~r~ , ,- ~_-- ~ Federal Way
"-~ .... - - ~ ~:':: -:":-:- : Existing
~ ' R-4 : ' . ...... Federal Way
~ :: ~/~ c~c> Zoning Map
~ ' <,,,il ' ~ ......... =. --ii .... Legend:
~rb) ;~ ,, (KC) - _ ~ Area
-'~j , Il ~' (KC) ~ Zoning Boundary
~~*~~~ ; ,'
WAY CITY LIMITS ' J -J'o
s. 320m ST. S. 3~fi ST.
Scale: 1to
5400
: ~: .... 1 Inch equals 450 Feet
OP-1 --~--~-' ~ 0 500 Feet
~ (FW) , ~' (KC) -- ~ N
~~ ~' ........ : Map Printed: O~ober 1999
luse~lnamimlproje~slco~devlann~ l Zzmap
After recording, return to:
Federal Way City Attorney's Office
33530 1st Way S.
Federal Way. WA 98003
DEVELOPMENT AGREEMENT BETWEEN
CITY OF FEDERAL WAY, WEYERHAEUSER CORPORATION
AND FEDERAL WAY FIRE DISTRICT NO. 39
This Agreement, made and entered into this 15 dayofDec ,1998, byandbetweenthe
Weyerhaeuser Corporation, a Washington corporation ("Weyerhaeuser"), and Federal Way Fire
District No. 39 ("District"), on the one hand, and the City of Federal Way, Washington, a
municipal corporation ("City"), on the other (collectively "the parties").
RECITALS
A. Weyerhaeuser is the owner of certain undeveloped real property ("WeyerhaeUSer
Property") located within King County but within the Potential Annexation Area of the City of
Federal Way. The Weyerhaeuser Property located north of and adjacent to S. 320th Street and
is specifically described in Exhibit "A" attached hereto and incorporated herein.
B. The District is the owner of certain real property ("District Property") located in
King County and within the Potential Annexation Area of the City of Federal Way. The District
Property, currently developed with a fire station, is legally described as the south 250 feet of
Tract 7, Midway Suburban Tracts, according to the plat thereof recorded in Volume 38 of Plats,
Page 40 in King County, Washington. The District Property is also included within the legal
description contained in Exhibit A, attached hereto and incorporated herein.
C. WeyerhaeUSer and the District have requested that the City of Federal Way annex
the Weyerhaeuser and District Property, and have submitted a petition requesting the same signed
· by the owners of more than 60% of the assessed value of the two Properties (60% Petition).
D. The City's willingness to accept the 60% Petition, and to submit a Notice of
Intention to Annex the Property to the Washington State Boundary Review Board for King
County, is conditioned upon limitations on density of development or redevelopment of the
Weyerhaeuser and District Property necessary to protect the public health, safety and welfare.
E. The City has authority under RCW 36.70B. 170-.210 to enter into a development
agreement as part of a proposed annexation, to set development standards to govern development
and use of the propei-ty to be annexed. The City also has authority under RCW 39.34 to enter
into an interlocal agreement with another governmental entity.
NOW, THEREFORE, for and in consideration of the City's acceptance
petition, the parties agree as follows:
:~e 60%
EXHIBIT_.
Development Agreement
City of Federal Way, Fire District and Weyerhaeuser Corporation - S. 320th Property
Page 2
1. Development of Weyerhaeuser Property. Weyerhaeuser covenants and agrees
that, regardless of the density or uses available under the zoning designation applicable to
Weyerhaeuser Property, Weyerhaeuser will limit any development of the Weyerhaeuser Property
to no more than 82 dwelling units, at a density no greater than 6 units per gross acre, calculated
prior to deduction of areas required for public street right-of-way. Weyerhaeuser further
covenants and agrees that the .principal use of any development will be detached single-family
dwelling units (either as fee simple or condominiums), and that, if condominiums, the declaration
of condominium executed and recorded under RCW 64.34.216(n) will include the requirement
that, for a period of one year following the initial sale of each individual dwelling unit, that unit
may be occupied only by the unit owner(s) of record and/or their immediate family, if any. In
the event that development of up to 82 detached single-family dwelling units is not feasible, by
reason of topography or application of Federal Way City Code requirements or other applicable
regulations, the principal use of development may be, if allowed by applicable code provisions,
up to 106 attached single-family dwelling units, constructed as townhomes and owned as
condominiums, at a density no greater than 6 units per gross acre and calculated prior to deduction
of areas required for public street right-of-way. For purposes of this agreement, "townhome"
means a series of single-family dwelling units constructed in a row no greater than 120 feet in
length, where: (a) each unit has its own front entrance to the outside; (b) no unit is located over
or under another unit; and (c) each unit is separated from any other adjacent unit by one or more
vertical, common, fire-resistant walls. For purposes of this agreement, "condominium" shall have
the meaning set forth in RCW 64.34.020(9).
2. Redevelopment of District Property. The District covenants and agrees that the
principal use of the District Property will be for a fire station. If the District or its heirs,
successors or assigns determine to change the principal use of the District Properly to a residential
use, regardless of the density or uses available under the applicable zoning designation any
redevelopment of the District Property will be limited to a density no greater than 6 units per
gross acre, calculated prior to deduction of areas required for public street right-of-way.. The
District further covenants and agrees that the principal use of any development will be either
detached single family dwellings or attached single-family condominium townhomes.
3. BPA Trail Connection. Weyerhaeuser covenants and agrees that any development
of its portion of the Property will not interfere with or prevent an extension of a pedestrian/bike
trail over the BPA easements of record over the Weyerhaeuser Property.
4. Implementation of Agreement.
4.1. Timing of Annexation. Followingexecutionof this Development Agreement,
adoption of Comprehensive Plan and zoning designations for the Weyerhaeuser and District
Properties, and the City's acceptance of the 60% Petition, the City will submit to the Wa~laogton
State Boundary Review Board for King County ("BRB")a~H~~o ~x ~e
PAG E_7 O
Development Agreement
City of Federal Way, Fire District and Weyerhaeuser Corporation - S. 320th Property
Page 3 ~l
Weyerhaeuser and District Properties. If BRB review is not invoked or, in the alternative, if BRB
review is invoked but the BRB approves the annexation, the City shall lawfully adopt an ordinance
annexing the Weyerhaeuser and District Properties. The City may, in the alternative, upon
approval of the 60 % Petition, simultaneously adopt an ordinance annexing the Properties effective
upon passage of forty-five (45) days or, if BRB jurisdiction is invoked, issuance of a BRB
decision approving the annexation.
4.2 Vesting. The City of Federal Way acknowledges that Weyerhaeuser would
have the right, prior to the effective date of annexation, to apply to King County for approval of
development on the Weyerhaeuser Property. The City of Federal Way and Weyerhaeuser agree
that, in lieu of but not in addition to making such application to King County, Weyerhaeuser may
apply to Federal Way, which shall process any such application according to the provisions of this
Agreement and the Federal Way City Code provisions in effect as of the date Federal Way deems
Weyerhaeuser's application complete. Federal Way shall be entitled to recover all costs incurred
in such processing. Federal Way's agreement in this Paragraph is subject to the written
concurrence of King County. In the event that Weyerhaeuser applies to the City of Federal Way
pursuant to this Paragraph, Weyerhaeuser waives and releases and agrees not to assert against the
City any and all vested rights it might otherwise have obtained under the King County Code,
including zoning anal/or development regulations contained therein, had Weyerhaeuser
applied
to
King County prior to the effective date of annexation.
5. General Provisions.
5.1. Binding on Successors; Covenant to Run With Land. This Agreement is intended
to protect the value of the Weyerhaeuser and District Property, as well as the public health,
safety, and welfare of the City of Federal Way, and the benefits and burdens inuring to the
Weyerhaeuser and District Property and to the City from this Agreement shall run with the land
and shall be binding upon the District and Weyerhaeuser, and their heir~, successors, and assigns,
and upon the City of Federal Way.
5.2. Governing Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Washington. Venue for any action to enforce the terms
of this Agreement shall be in King County Superior Court.
5.3 Recording.
Weyerhaeuser Properties.
This Agreement shall be recorded against the District and
5.4. Severability. The provisions of this Agreement are separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of
the application ther-4of to any person or circumstance, shall not affect the validity of the r~hinder
of this Agreement, ~)r the validity of its application to otherper~H~' ~t~ce , ~,~ ._es ~
PAGE
Development Agreement
City of Federal Way, Fire District and Weyerhaeuser Corporation - S. 320th Property
Page 4
5.5 Authority. The City, the District, and Weyerhaeuser each represent and warrant
to the others that it has the respective power and authority, and is duly authorized to execute and
deliver this Agreement. Weyerhaeuser and the District represent and warrant that they are the
fee owners or contract purchasers and have authority to agree to the covenants contained herein.
5.6 Term of Agreement. This Agreement shall remain in full force and effect unless
amended or terminated by the mutual agreement of the parties.
5.7 Amendment. This Agreement may be modified only by a written instrument duly
executed by all parties; provided, however, notwithstanding any provisions of this Agreement to
the contrary, the City of Federal Way may, without the agreement of the District or
Weyerhaeuser, adopt and impose upon the District and Weyerhaeuser Properties restrictions and
development regulations different than those set forth herein, if required by a serious threat to
public health and safety.
5.8 Exhibits A and B attached hereto are incorporated herein by this reference as if
fully set forth.
5.9 Headings. The headings in this Agreement are inserted for reference only and
shall not be construed to expand, limit or otherwise modify the terms and conditions of this
Agreement.
5.10 Integration. This Agreement and its exhibits represent the entire agreement of the
parties with respect to the subject matter hereof. There are no other agreements, oral or written,
except as expressly set forth herein.
5.11 Indemnification. Weyerhaeuser and the District release and agree to defend,
indemnify, and hold harmless the City and all of its elected and appointed officials, and its
employees and agents, from all liability, claims, appeals, and costs, including the costs of defense
of any claim or appeal, arising in connection with the annexation of the Weyerhaeuser and District
Property and/or this Agreement, except to the extent any liability, claim, appeal or cost results
from the sole negligence of the City or its officers, agents, or employees in performance of this
Agreement.
5.12 Enforcement. In the event Weyerhaeuser or the District fail to satisfy any of their
obligations under this Agreement, the City shall have the right to enforce this Agreement at both
law and equity, including but not limited to enforcing this Agreement under the enforcement
provisions of the Federal Way City Code in effect at the time of any breach. Damages are not
an adequate remedy for breach. In addition, Weyerhaeuser or the District's failure t~atisfy any
of their obligations in this Agreement shall constitute a breach~l~r~j~,d.-~'ha~l~ grounds
for termination of this Agreement by the City. pAG E~_ ~,.,/i_~~
Development Agreement
City of Federal Way, Fire District and Weyerhaeuser Corporation - S. 320th Property
Page 5
5.13 Police Power. Nothing in this Agreement shall be construed to diminish, restrict
or limit the police powers of the City granted by the Washington State Constitution or by general
law. This Agreement is an exercise of the City's police powers and the authority granted under
RCW 35A. 14.330, RCW 36.70B. 170-.210, and RCW 39.34.
5.14 Effective Date. This Agreement shall be effective on the effective date of the
City's Ordinance approving this Agreement, and the execution of this Agreement by duly
authorized representatives of each party.
5.15 Additional Annexation. If Weyerhaeuser petitions for annexation of that
property legally described as Parcel C in Exhibit B hereto and abutting the Weyerhaeuser Property
described in Exhibit A, and Parcel C is thereafter annexed by the City, development of Parcel C
shall be subject to and governed by the terms of this Agreement, unless the City and
Weyerhaeuser amend this Agreement to provide otherwise.
IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day
and year indicated.
FEDERAL WAY' FIRE DISTRICT NO. 39
CITY OF FEDERAL WAY
BY: BY:
Date: Date:
Kenneth E. Nyberg
City Manager
Approved as to Form
for Federal Way Fire District No. 39
Approved as to Form
for City of Federal Way
City Attorney, Londi K. Lindell
ATTEST: This __ day of
, 1998.
ATTEST: This day of
, 1998.
Clerk
N. Christir~~"
Federal W:
.(/7
Development Agreement
City of Federal Way, Fire District and Weyerhaeuser Corporation - S. 320th Property
Page 6
Weyerhaeuser CORPORATION
By:
Its:
Date:
Approved as to form for Weyerhaeuser Corporation
K:\cd\quadagrm 1.023
10--23-98
EXHIBIT
PAGE OF -----
ANNEXATION DESCRIPTION
QUADRANT KES NORTH
PARCEL A:
TRACTS 1 THROUGH 7, AND THAT PORTION OF TRACT 18 LYING SOUTH OF THE
BONNEVILLE POWER ADMINISTRATION RIGHT-OF-WAY, AS ESTABLISHED BY
EASEM]ENT RECORDED UNDER RECORDING NUMBER 3347081, MIDWAY
SUBURBAN TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 38 OF PLATS, PAGE 40, IN KING COUNTY, WASHINGTON;
EXCEPT THAT PORTION OF TRACTS I AND 2 CONVEYED TO THE STATE OF
WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998517; AND
EXCEPT THE SOUTH 40 FEET OF TRACT 3 CONVEYED TO THE STATE OF
WASHINGTON BY DEED RECORDED UNDER RECORDING NUMBER 4998539; AND
EXCEPT THE SOUTH 40 FEET OF TRACT 4, AS CONDEMNED UNDER ICING
COUNTY SUPERIOR COURT CAUSE NUMBER 534586; AND
EXCEPT THE SOUTH 40 FEET OF THE WEST 100 FEET OF TRACT 5 CONVEYED TO
THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING
NUMBER
4998520.
PARCEL B:
ALL TH. AT PORTION OF THE SOUTH 320TM STREET RIGlqT~0F-WAY IN SECTIONS
9,10,15 AND 16,TOWNSHIP 21 NORTH, RANGE 4 EAST W.NL, KING COUNTY
WASHINGTON, DESCRIBED AS FOLLOWS;
THAT PORTION OF THE SOUTH 320TM STREET RIGHT-OF-WAY LYING EAST OF
AND ADJOING TO THE CT_JR.R.ENT EAST BOUNDARY OF THE CTYY OF FEDERAL
WAY AND WEST OF THE FOLLOWING DESCRIBED LINEi
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 15 W127-I THE--
SOUTH LINE OF TIKE 320TM STREET RIGHT-OF-WAY, SAIDINTERSECTION BEING
FURTHER DESCRIBED AS LYING ON TI-EE CURRENT BOUNDARY OF THE CITY
OF FEDERAL WAY;
THENCE NORTHERLY ALONG THE SAD EAST LINE TO THE SOUTHWEST
CORNER OF THE SOUTHEAST QUARTER OF THE SOLVI~WF_~T QUARTER OF
SAID SECTION 10;
EXHIBIT__
PAG
EXHIBIT
PAGE_LOF..J~
StaffReport to the City Council
File No. ANN98-O001
November 17, 1998
IX.
COSTS AND RE~/ENUES TO THE CITY ASSOCIATED WFFH 'FILE ANN~llON
A. /NTRODUC~70N
The financial impact to the City of Federal Way of the proposed annexation and
development, projected over a six year evaluation period (1999-2004), is described
in the following paragraphs and tables.
Paragraph B describes the development scenario that was used as a basis for the fiscal
analysis, and for estimating revenues such as building permit fees, property taxes, and
real estate excise tax. Paragraph C shows post-development~7 operating revenues,
and paragraph D shows operating expenditures. Paragraph E summarizes the analysis.
Tables I and 2 are located at the end of Section IX. Table I (Effect of the
Annexation on Growth Variables) applies the development scenario (in paragraph B)
to key growth variables such as population and assessed valuation. Table 2.
(Operating Revenues and Expenditures) shows anticipated operating revenues,
expenditures, and annual net financial impact of the annexation, b~ised on the growth
variables (shown on Table 1) and related assumptions (shown on Table 2).
OEVELOPMENT o~C~NARIO USeD AS A ~A$1S FOR ANALYSIS
As currently proposed'a by the applicant (Weyerhaeuser Company), 87_' cOndominium
~a /~ noted previously and sho~'a a~ Exhibit F, a prclimmaxy proposal for an 82-u~
dm applicazd..
-10-
Staff Report to the City Co~icil
File No. ANN98-O001
November 17. 1998
units will be built over three or four years, with approximately half of the new units
selling as they are built. From this information a construction and sales scenario was
estimated for purposes of analysis.
Figure 1, below, shows the projected rate of construction and sales of the
condominium units over a four-year period, 1999-2002. Construction' phasing was
anticipated to occur at a rate of 30% in 1999, 60% in 2000, 90% in 2001, and 100%
buildout in 2002. Annual sales of new units was estimated at a rate of about 50% per
year, except in 2002, when 100% of the remaining units that are built are also
assumed to be sold. The sales figures for each year also assume that all units built but
not sold in a given year will be sold the following year. For example, in 2000, 24 new
units are built and 12 (about half) of those are sold, with 12 units carried over (24
built-12 sold =12) and assumed sold in 2001.
FIGURE I
ESTIMATED CONS1RUCTiON AND SALES ACTIVflY : ! 999-Z002
'2 ~:: :.5...-:: 5.: '~:.::...:: :i.-;i-5::.:.--~:.;.(.<:i-...--:.:::::~: ':::;2:.'-;;::: '.>::
~:~:',..:-..2,:;:~;:::..:2:....- ..'": .':.. ·
NEW UNITS BUILT 25 ;:>,4 ;:>5 8
NEW UNITS SOLD I 2 I 2 I 2 8
LAST YEAR'S UNITS SOLD 0 I 3 I 2 I 3
(NEW UNITS NOT SOLD FROM
PRI--~VIOUS YEAR)
(NEW UNIT3 NOT SOLD) ( I 3) ( I 8) ( I 3) (0)
TOTAL UNITS SOLD I 2 25 ;::>4 ~. I
CZ/,!,tt/ TtVE ACZTvrrr/ 999 : "::: :i zOO I.. zooz .
TOTAL UNITS BUILT ,:?_5 49 7,4 82
TOTAL UNITS SOLD I 2 37 6 I 82
REVENUES ANTICIPATED FROM THE ANNEXATION AREA
Refer to Table 2, Operating Revenues, for estimated fiscal impacts to the City
associated with the various revenues described below.
EXHIEII_T__.T=_,,
PAG E OF22..__
Staff Report to the City Council
File No. ANN98-O001
November 17. 1998
(1)
Property Tax: The 1997 assessed valuatiOn (AV) of the annexation area~9 is
$4,196,733,000. It is estimated that the City will receive 0.16 percent of the
assessed valuation as property tax, or $1.528 per $1,000 of AV, with a
projected growth rate of 1.035 per year. Property tax revenues anticipated to
be generated over the six-year study period are shown on Table 2.
(2) Sales Tax: No sales tax revenues within the annexation area are anticipated.
(3)
RealEstate Excise Tax (REEI)~°: Real estate excise tax will be collected by
King County and distributed to the City as individual condominium units are
sold. It should be noted that a residential resale rate of five to seven years2t is
expected, generating some ongoing REET revenues over time. However, no
ongoing REET revenues were factored into the six-year analysis.
(4)
Utility Taxa°: Utility taxes to be generated by the condominium units,
assuming full occupancy in the year 2002, are shown on Table 2.
(5)
%..
Permit FeesZZ: Building permit fees will be collected by the City as building
permits are issued throughout the project's'construction phase. Table 2 shows
anticipated building permit revenues2a associated with this development
scenario, using an estimated average-per-unit permit fee2n of $1,410.
(6)
State Shared Revenues: State shared revenues (gasoline tax, motor vehicle
excise tax, liquor board profits, criminal justice tax, and liquor excise tax, etc.)
are distributed to cities on the basis of population. Projected revenues based
on population forecasts2~ for the condominiums are shown on Table 2.
19 Existing as.nex;~l valuation of all land within thc annexation area and the improvement~ on the rue district parcel.
10 REET and utility tax revenues must be spent solely on capital projects (or associated debt service) contained in the City's
Capital Faeilitiea Plan (CFP).
21 Per applicant and indu.m'y standard.
21 Building pe~nit revenue only. Miscellaneou~ development fees including land t~e permit~ and engineering plans review ate not
ext~'~d to t~ significant and were not projected.
~ Proj_,~t___-4_ Building i~mnit fee~ were ba.~ed on the City's current permit fee .~hedulc, and the potential tee increase currrently under
review by the City Ccmncil was no( fa( tored in.
24
(m cxisling fcc structure.
25
A population factor o1'2.0 pcr~on~ per dwelling unit was used ['or the condominium projea (per OFM forecasts).
PAG
Staff Report to the City Council
File No. ANTv~98-O001
November 17, 1998
(7)
Franchise Fees: Franchise fees are collected by the City from cable users, as
shown on Tables 1 & 2.
(8)
Surface Yrrater Management (SI4¢v0 Fees: SWM fees are calculated based on
impervious surface and assessed annually to individual dwelling units.
Estimated SWM fees are shown on Table 2.
OPERATING E_XPENDITLIRES ANTICIPATED AS A RESULT OF' ANNEXATION
Refer to Table 2, Operating Expenditures, for estimated fiscal impacts to the City
associated with the various expenditures described below.
(1)
Transportation ('streets and traffic control facilities~: As a result of the
annexation, the City will acquire approximately 1.9 additional lane26 miles of
South 320th Street. The City will also acquire about 1,400 lane feet27 of right-
of-way as a result of the proposed extension of Weyerhaeuser Way South
through the project as part of development.
South 320th Street improvements presently include four to five lanes of
pavement, street lights on the south side only, and no sidewalks or street trees
on either side. South 320th Street was resurfaced by King County in 1996,
and City traffic analysts anticipate that no additional overlay will be required
until the year 2010.
Ongoing annual street maintenance costs are estimated based on a per-lane-
mile cost for traffic signal maintenance, street light maintenance, electricity,
shoulder restoration, patching, street channelization, and signage. The total
annual estimated maintenance costs for the fight-of-way associated with
annexation and development are shown on Table 2.
The City's traffic division noted that the traffic signal at 320th Street and
Weyerhaeuser Way is substandard and will have to be replaced by the City at
some point2~, at an estimated cost of $350,000 (in today's dollars).
However, the City is currently reviewing development proposals that affect
all four comers of this intersection. Through these development review
26 Lane mil~ (or lane feet) t::slimates total improved street area, based on the lenglh timm Ibc width, ofcxiging and/or proposed streets.
27 700 linear feet times 2 lanes=l.400 lane feel
28 Thc City traffic division estimates this trallic signal will rcquirc replaccmen! in four to six yea~. depending on traffic increases bascd on
anticipated traffic incrc~cs in this axea a~nd irrc~-peclive of adjacent new development.
..')
Staff Report to the City Council
File No. ANN98-O001
.Vovembcr 17. 1998
processes, it is likely that the developer will bear some or all of the
responsibility for upgrade or replacement of the substandard signal.
In stomas, maintenance and potential capital costs will accrue to the City as
a result of annexing this segment of South 320th Street. However, since the
property is located in the City's Potential Annexation Area (PAA), it will
eventually be annexed anyway. Annexation at the present time will secure the
City's control over right-of-way improvements associated with current
development in the area. Otherwise, street improvements could be built to
ICing County standards, and eventually'"mherited" by the City, along with any
service deficiencies, at such fi~ture time that the property is annexed.
(2)
Police Services: The impact of annexation and development on the public
safety department would be the increase in population and area to patrol.
The City's Public Safety Department has indicated that 'site development will
primarily affect Patrol District /t4, and the impact to polices services is
expected to be minimal. Table 2 provides the estimated financial impact to
police services resulting from the increased population.
(3)
Parks and Recreation: The City of Federal Way's 1995 Parks, Recreation,
and Open Space Plan utilizes a Level of Service (LOS) standard of 10.9 acres
of public parks and open space per 1,000 population. Additionally, the Parks
Plan seeks to ensure that every neighborhood in the City is served by a park
within a one-half mile radius. Currently, the City owns 818 acres of park land,
or 10.6529 acres of park land per 1,000. Also, no neighborhood parks are
located within a one-half mile radius of the annexation area. However, as
shown on table 2, the development-related impact to the existing Parks LOS
is not expected to be significant3°. Additionally, as discussed in VIII. E.,
above, parks-related impacts are expected to be minimized by on site open
space and recreational opportunities, as required by the City's zoning and
subdivision code requirements.
(4)
Municipal Court Services, Civil Legal Service, Community Development &
Administrative Services: Operating expenses associated with these services
are based on population and an established formula used by the City of
Federal Way Management Services, and are shown on Table 2.
.)
29 Rounded to nearest hundredth from 10.648, as shown on Table 2.
:~0 Based on lhe Parks LOS of 10.9 acres per thousand population. 164 persons will generate th,: need for an addihonal 18 acres ol- parks.
which is expected to I~: addressed by providing comparable on site open space and recreation opporhmitics on site.
-14-
StaffReport to the City Council
File No. ANN98-O001
November 17. 1998
(s)
Surface Water Management (SI, VM): The City's SWIM maintenance costs as
a result of the annexation and development of the subject property will be
addressed by the corresponding SWM fees that will be charged to residents
(see Table 2). Annual surface water maintenance within the City's rights-of-
way will include ditch cleaning culvert maintenance, weeding, street
sweeping, and vacuum/jet rodding. In addition, the SWM division indicated
that water quality retrofit to South 320th Street will be required in several
years. Therefore, a capital cost of approximately $20,000 to the City was
projected for the year 2003 (see Table 2). However, it should be noted that
the City's cost for this water quality retrofit would be limited to pre~
developed conditions in the right-of-way, since the site developer will be
responsible to provide water quality facilities for all new development-related
impervious surfaces.
TURN TO PAGE 16 (TABLE I).
-15-
EXHIBI
PAG
TABLE 1
EFFECT OF THE ANNEXATION AND DEVELOPMENT ON GROWTH VARIABLES
1999-2004
GROWTH VARIABLES FEDERAL WAY AFTER ANNEXATION AND DEVELOPMENT
00o
Populatioc,* 76,820 76,844 76,895 76,945 76,984 76,984 76,984
Assessed Valuation --'-'---------
(in ooo's) 4,196,733 4,203,605 4,206,567 4,209,821 4,211,171 4,211,171 4,211,171
Housing Units 30,724 30,735 30,761 30,786 30,806 $0,806 30,806
Cable Users" 29,787 29,810 29,831 29,854 29,861 .29,861 29,861
Lane Miles"'* 666 668.2 668.2 668.2 668.2 668,2 668.2
Traffic Signals 48 49 49 49 49 49 49
Parks Level of Service
~. 10.648 10.644 10.637 10.630 10.625 10.625 10.625
'Official population as of 4/1/98 per the Office of Financial Management (OFM).
"Assumes 90% of households are cable users.
'"Estimated total length and width of streets in the city.
r~The Parks Plan LOS is10.9 acres per1,000 population, compared to the 10.648 existing LOS.'
IABLE 2
Residential North
Operating Revenues & Expenditures
Operating Revenues ~'~/CU n°~tt P r~jg]c9t e d pr°2j0e0c0ted pr°2?e0Jed pr°2j0e0c2ted pr°2j0e0c3ted Pro~0e0c4ted G~:~e h
jRe_a.!.E_..s_t_at.e. Excise Tax
i_Building Pe rr~-i~-F'~'e~;7, ...........
State-Shared Revenues
Utility Tax
sw~ ~-~
Assessed value
RE sales
Fee schedule
Population
Cable-users
H___~ousing units
Lot coverage
Total Revenues
$67
$14
$149
1
$2,289
$9,000
$35,250
$1,615
$317
$1,783
$3,761
$6,655- $11,104
$19,313 $19,892
$33,840 $35,250
$4,981 $8,346
$62...__....__.____~2 $939
$5,498 $9,213
$7,371 $11,132
$.___~15,99._._..~7 $17,979
$16,391 $0
$11,280 ~
$10,972 $11,30!
$12,184 $12,550
$12,335 $12,335
$18,609
~$o
$1,072
$1___2_,926
$12,335
1.0001
Operating Expenditures
-~'~ni~'~l'Court Services (Contract) Population I $14
'~ i;il'L ~a-i-S ~ ~,ic--e s ..... ~opulat on J $6
~;mr~ u'~Jt~, E~v'elo'~-"~e~ ........... ~'~-'~a t i-'~'n
Police Se~ices**' -- .............................
'-' .' ~.'-'--.J.~-~-- POPUI~--ri
Adm~nislralive Se~ice "';; ........ ~
Stree~raffic Syste~
Total Expenditures
Net Operating RevenuelCost
$345 $1,062
$150 $48i
$755 $2,329
$2,042 $6,297
$827 $2,550
$15,S50 $16,167
$3,124._~~
_ $1,780 $2,340
$774 $1,018
$3,902 ._ $5,130
$10,552 $13,871 -'
$4,272 $5,616
$16,490 $16,820
$2,387
Sl,O3~
$6,232
"
.$5,728
$17,157.
.__...._$2,43__._.~5
$1,0.5g_
$5,337
$14,659
$5,843
$3,251 $3,316 $3,382j__._$._3,_.4.50
$23,093 $32,054 $41,021 $48,111 $49,184 $50,281
Capital Projects
Total Capital Outlay $0 ' $0 $0
Net Revenue/Cost
$o
· Assumes 1999 Adopted Levy Rate of $1.528 per $1,000 AV
"' Average per-unit fee
'" Assumes $65,000 (salary/benefits,M & O) costs per FTE (Projected officers/I,000 population is 1.3)
"' ';ludes City Council, City Manager and Management Services departments
Staff Report to the City Council
F/le 3[o. ANN98-O001
November 17. 1998
E . SUMMARY OF' COST-BENEFIT ANAL YSIS
Based on the estimated costs and revenues shown in Table 2, the 320th Street
annexation is expected to result in positive annual net revenues to the City over the
eval,,ofon period, with the exception of the year 2003, as a result of the surface water
management capital expenditure projected for that year.
1999: $ 30,923
2000: $ 46,226
2001: $ 54,855
2002: $ 32,090
2003: $ (13,977)
2004: $ 6,301
EXHIBIT_
PAGE .OF'
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
CATEGORY: BUDGET IMPACT:
CONSENT
-X ORDINANCE
BUSINESS
HEARING
FYI
RESOLUTION
STAFF REPORT
PROCLAMATION
STUDY SESSION
OTHER
Amount Budgeted:
Expenditure Amt:
Contingency Reqd:
ATTACHMENTS: 1) Land Use and Transportation Memo dated October 28, 1999. 2) ordinance #) letter from
William Snodgrass dated October 27, 1999.
SUMMARY/BACKGROUND: The City Council adopted amendments to the Shoreline Management Program in
November of 1998. These amendments are not final until the Department of Ecology has a chance to review and
comment. The attached memorandum outlines the DOE changes which have been incorporated into the original draft
ordinance. Staff recommends suspending the second reading since the ordinance has already been through two
readings and these are minor wording changes.
CITY COUNCIL COMMITTEE RECOMMENDATION: To approve DOE wording changes.
CITY MANAGER RECOMMENDATION: Approve Council Committee recommendation.
APPROVED FOR INCLUSION IN COUNCIL PACKE~
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
DENIED
TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
ORDINANCE #
RESOLUTION #
TO:
FROM:
RE:
DATE:
Land Use and Transportation Committee
Kathy McClung, Deputy CDS Director ~
Shoreline Master Program Amendment
October 28, 1999
Several months ago, the City Council passed amendmems to the city's Shoreline Master Program.
Once the Council passed the ordinance, we were required to submit the changes to the Department
of Ecology. Attached is a the ordinance with Ecology's changes. I have italicized their changes and
struck out their deletions. None of these changes substantially change the ordinance. For your
convenience I will point out the changes:
1. Page 5- Section 18-164.02 (line #2) They wanted us to rename our conservancy
designation"conservancy residential environment" because we allow some residential in this shoreline
designation. This change is shown consistently through the document.
2. Page 5- Section 18-164.03 (#1) elaborated when shoreline regulations apply to catch more
circumstances.
3. Page 7- Section 18-165.03
(# 1) added utilities as a use in the urban environment allowed waterward of the ordinary high
water mark.
(#5, c) deleted redundant language
4. Page 17- Section 18-165.11 (# 1) replaced "shall not be allowed" with "are prohibited".
5. Page 22- Section 18-167 & 167.01 added "residential" to name of conservancy designation.
6. Page 22- Section 18-167.02 added more clarification about definitions of sensitive areas referred
to in section 18.28 of the City Code.
7. Page 24- Section 167.06 &.07 added "residential" to name of conservancy designation.
8. Page 25- Section 168.04 and .06- replaced "shall not be permitted" to "are prohibited".
9. Page 29-Section 18-173-
renamed "substantial development" permits to "shoreline" permits.
(B) changed wording to be consistent with state law.
ORDINANCE NO.
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 18
OF THE FEDERAL WAY ZONING CODE, ADOPTING
SPECIFIC AMENDMENTS TO THE SHORELINE
REGULATIONS AND ADOPTING A SHORELINE MASTER
PROGRAM TO INCLUDE IN THE FEDERAL WAY
COMPREHENSIVE PLAN AND TO REPLACE THE
ADOPTED KING COUNTY ORDINANCE (Title 25).
A. WHEREAS amendments to the Federal Way City Code (FWCC) text and
Shoreline Master Program Map are authorized pursuant to the authority of the Shoreline
Management Act of 1971, RCW Ch 90.58 as amended, and the Shoreline Management
Guidelines, WAC Ch 173-14; and
B. WHEREAS the Federal Way City Council has considered proposed changes
to the FWCC regarding specific shoreline management regulations; and
C. 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 as a priority item for its review and
recommendation; and
D. WHEREAS the Federal Way Planning Commission, having considered the
Proposal at public hearings during 1998 on April 1st pursuant to FWCC Section 22-523,
ORD # , PAGE 1
and all public notices having been duly given pursuant to FWCC Section 22-528; and
E. WHEREAS the public was given opportunities to comment on the Proposal
during the Planning Commission review; and
F. WHEREAS the City of Federal Way SEPA responsible official issued a
Declaration of Nonsignificance on April 10, 1998; and
G. WHEREAS following the public hearings, the Planning Commission submitted
to the Land Use and Transportation Committee of the City Council its recommendation in
favor of proposed shoreline text amendments adding sections to the FWCC as noted
previously; and
H. WHEREAS the Federal Way Land Use and Transportation City Council
Committee met on May 27, June 2, August 3, and October 26, 1998 to consider the
recommendation of the Planning Commission and has moved to forward the Proposal, with
amendments, to the full City Council; and
I. Whereas the Council adopted the Ordinance December 1, 1998 with the
understanding that the Department of Ecology would review the Ordinance prior to it's
being final, and
H. Whereas the Department of Ecology reviewed the Ordinance and submitted
wording changes that were reviewed by the Federal Way Land Use and Transportation
Committee on November 4, 1999 and has moved to forward those wording changes to the
full Council for adoption; and
J. WHEREAS there was sufficient opportunity for the public to comment on the
ORD # ., PAGE 2
Proposal; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. 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. The Federal Way City Council adopted the FederalWay ComprehensivePlan
in order to comply with the State's Growth Management Act; and
2. The Federal Way Comprehensive Plan contains policies that call for the
adoption of a new Shoreline Management Plan; and
3. The Federal Way SEPA responsible official has issued a Declaration of
Nonsignificance on April 1, 1998; and
4. The proposed code amendments would not adverselyaffectthe public health,
safety or welfare; and
5. The Plannin~i Commission, following notice thereof as required by RCW
35A.63.070, held public hearings on the proposed regulatory amendments and has
considered the testimony, written comments, and material from the public by and through
said hearings.
Section 2. Conclusions. Pursuant to FWCC Section 22-216 and based upon the
Findings set forth in Section 1, the Federal Way City Council makes the following
ORD ¢/: , PAGE 3
Conclusions of Law with respect to the decisional criteria necessary for the adoption of the ,.
Proposal:
1. The Proposal is consistent with the following Comprehensive Plan goals and
policies contained in the Natural Environment chapter:
NEG10 Create a new shoreline master program that is consistent with
community values, land use and environmental protection.
NEP44 The City should create a new Shoreline Master Program that is
consistent with State law, and the policy direction of the Natural
Environment and Land Use chapters of this Plan.
NEP45 The Shoreline Master Program should recognize the unique
recreational and natural habitat of the City's shorelines.
2. The Proposal bears a substantial relationship to the public health,
safety and welfare because it implements policies aimed at protecting
the City's natural environment and promotes site sensitive development.
Section 3. Amendment. The Federal Way Zoning Code, Chapter 22, is
amended to provide as set forth in Attachment A and; The Federal Way
Comprehensive Plan is amended to provide for as set forth in Attachment B and by
this reference these Attachments are incorporated therein.
Section 4. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or
portion of this ordinance or the invalidity of the application thereof to any person or
circumstance, shall not affect the validity of the remainder of the ordinance, or the
ORD # , PAGE 4
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 five (5) 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 ,1999.
CITY OF FEDERAL WAY
ATTEST:
MAYOR, RONALD L. GINTZ
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:
ORD # , PAGE 5
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
ORD#
, PAGE 6
ARTICLE III. SHORELINE
MANAGEMENT* (Revised)
*Cross reference(s)--Regulations regarding structures built over water, § 8-54; requirements for drainage
review, § 21-87; supplementary zoning district regulations, § 22-946 et seq.
State law reference(s)-Shoreline management act, RCW 90.58.030.
DIVISION 1. GENERALLY
Sec. 18-161. Purpose and authority.
The city adopts these regulation under the authority of the Shoreline Management Act of
1971, RCW ch. 90.58, as amended, and the Shoreline Management Guidelines, WAC ch. 173-14.
(Ord. No. 90-38, § 1(24.10), 2-27-90)
- . program
...:,t. ,-t..~ ~.c.c:.~ ~.c+1..~ ~:,... [ k
Sec. 18-t4r3 162. Jurisdiction.
(a) The provisions of this article shall apply to all development proposed within the areas
defined as shorelines in RCW 90.58.0230(2)(d), and shorelines of statewide significance in RCW
90.58.030(2)(e). The approximate location of these shorelines shall be designated on maps
maintained by the department of community development; however, the property owner or
applicant shall be responsible for determining the exact location of the shoreline when a permit is
filed.
(b) No development shall be undertaken by any person on the shorelines of the state
without obtaining a shoreline permit from the department of community development; provided,
that a permit shall not be required for development exempted from the definition of substantial
development in WAC 173-27-040 and for developments exempted by RCW 90.58.140(9) and
(10).
(Ord. No. 90-38, § 1(24.30.10, 24.30.20), 2-27-90)
Sec. 18-163. Additional definitions.
Unless otherwise defined in this chapter, the definitions contained in this chapter, Chapter
22, RCW Chapter 90.58, and WAC 173-26 shall apply.
Access: Public access means actual unobstructed access available to the general public
from land to the ordinary_ high water mark or to the wetland directly abutting the ordinary_ high
water mark.
Access: Limited public access means:
Actual physical access from land to the ordinary high water mark or to the
wetland directly abutting the ordinary_ high water mark, such access being limited
to specific groups of people or to certain regularly prescribed times; or
Visual access available to the general public to the shoreline and adjacent
waterbody, such access being specifically provided for in the development of the
site.
Average grade level means the average of the natural or existing topography at the center
of all exterior walls of a building or structure to be placed on a site; provided, that in the case of
structures to be built over water, average grade level shall be the elevation or ordinary_ high
water.
Backshore means a berm, together with associated marshes or meadows, on marine
shores landward of the ordinary_ high water mark which is normal above high tide level and has
been gradually built up by accretion.
-2-
Beachfeeding means landfill deposited on land, or in the water, to be distributed by
natural water processes for the purpose of supplementing beach material.
Berm means one or several linear mounds of sand and gravel generally paralleling the
shore at, or landward of, the ordinary_ high water mark which are normally stable because of
material size or vegetation.
Breakwater means an off-shore structure, either floating or not, which may or may not be
connected to the shore, such structure being designated to absorb and/or reflect back into the
water body the energy of the waves.
Bulkhead means a solid or open pile of rock, concrete, steel, timber, other materials, or a
combination of these materials erected generally parallel to and near the ordinary_ high water
mark for the purpose of protecting adjacent shorelands and uplands from waves or currents.
Class I beach means a beach or shore having dependable, geologically fully developed,
and normally dry_ backshore above high tide.
Class II beach means a beach or shore having only marginally, geologically partially
developed, and not dependably dry_ backshore above high tide.
Class III beach means a beach or shore having no dry_ backshore available at high tide.
Environment, or master program environment, or shoreline environment means the
categories of shorelines of the state established by the City of Federal Way shoreline
management master program to differentiate between areas whose features imply differing
objectives regarding their use and future development.
Float means a structure or device which is not a breakwater and which is moored,
anchored, or otherwise secured in the waters of Federal Way, and which is not connected to the
shoreline.
Groin means a barrier type structure extending from the backshore into the water across
the beach. The purpose of a groin is to interrupt sediment movement along the shore.
Jet_tV means an artificial barrier used to change the natural littoral drift to protect inlet
entrances from clogging by excess sediment.
Littoral dr~ft means the natural movement of sediment along marine or lake shorelines by
wave breaker action in response to prevailing winds.
Non-water-oriented uses means those uses which have little or no relationship to the
shoreline and are not considered priority uses under the SMA. Examples include professional
offices, automobile sales or repair shops, mini-storage facilities, multi-family residential
-3-
development, department stores, and gas stations.
Stringline setback means a straight line drawn between the points on the primary
buildings having the greatest projection (including appurtenant structures such as decks)
waterward on the two adjacent properties.
Water-dependent means a use or portion of a use which can not exist in any other location
and is dependent on the water by reason of the intrinsic nature of its operations. Examples of
water dependent uses may include ship cargo terminal loading areas, ferry and passenger
terminals, barge loading facilities, ship building and dry_ docking, marinas, aquaculture, float
plane facilities and sewer outfalls.
Water-en/oyment means a recreational use, or other use facilitating public access to the
shoreline as a primary_ characteristic of the use; or a use that provides for recreational use or
aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic
of the use and which through the location, design and operation assures the public's ability to
enjoy the physical and aesthetic qualities of the shoreline. In order to qualify_ as a water-
enjoyment use, the use must be open to the general public and the shoreline oriented space within
the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment.
Primary_ water-enjoyment uses may include, but are not limited to, parks, piers and other
improvements facilitating public access to shorelines of the state; and general water-enjoyment
uses may include, but are not limited to, restaurants, museums, aquariums, scientific/ecological
reserves, resorts and mixed-use commercial; Provided, that such uses conform to the above
water-enjoyment specifications and the provisions of the master program.
Water-oriented means any combination of water-dependent, water-related, and/or water-
enjoyment uses and serves as an all-encompassing definition for priority uses under the SMA.
Water-related means a use or portion of a use which is not intrinsically dependent on a
waterfront location but whose economic vitality is dependent upon a water-front location
because:
(a) of a functional requirement for a waterfront location such as the arrival or shipment of
materials by water or the need for large quantities of water or,
(b) the use provides a necessary_ service supportive of the water-dependent commercial
activities and the proximity of the use to its customers makes its services less expensive
and/or more convenient. Examples include professional services serving primarily water-
dependent activities and storage of water-transported foods.
'DIVISION 2. SHORELINE REGULATION
Sec. 18-164. Environmental designations.
-4-
Sec. 18-164.01. Purpose.
The purpose of these designations is to differentiate between areas whose geographical,
hydrological, topographical, or other features imply differing objectives regarding the use and
future development of the shorelines of the city.
Each environment designation represents a particular emphasis in the type of uses and the
extent of development that should occur within it. The environmental designation system is
designed to encourage uses in each environment that enhance or are compatible with the
character of the environment, while at the same time requiring reasonable standards and
restrictions on development so that the character of the environment is not adversely impacted.
Sec. 18-164.02. Names of environment designations.
In order to accomplish the purpose of this title, environmental designations have been
established to be known as follows:
Natural environment.
Conservancy residential environment.
Rural environment.
Urban environment.
Sec. 18-164.03 Limits of environment designations.
Each environment designation shall consist of:
The entire water body from its centerline or point, including all water below the
surface, the land below the water body, the space above the water body, and the
shorelands associated with the water body.
The shoreline areas where severe biophysical constraints such as floodplains,
steep slopes, slide hazard areas, and wetlands do not cover the entire associated
shoreland. Proposed development in the remaining area may be permitted
consistent with the character of the surrounding land use, the physical capabilities
of the shorelands, and applicable city land use plans and policies.
Sec. 18-164.04 Establishment of designations.
The written descriptions of the boundaries of the shoreline environment
designations as adopted by ordinance in the possession of the department shall
constitute the official legal descriptions of the boundaries of those environment
designations.
The official maps prepared pursuant to WAC 173-16 and 173.26 in the possession
-5-
of the department shall constitute the official descriptions of the limits of all
shorelands in the City of Federal Way as defined by RCW 90.58.030 and section
18.163 of this chapter.
The department may, from time to time as new or improved information becomes
available, modify_ the official maps described in subsection 2 of this section
consistent with state guidelines to more accurately represent, clarify_, or interpret
the true limits of the shorelines defined herein.
Sec. 18-164.05. Location of boundaries.
1.
Boundaries indicated as following streets, highways~ roads, and bridges shall be
deemed to follow the centerline of such facilities unless otherwise specified.
Boundaries indicated as following railroad lines and transmission lines shall be
deemed to follow the centerline of such rights-of-way or easements unless
otherwise specified.
Where different environmental designations have been given to a tributary_ and the
main stream at the point of confluence, the environmental designation given to the
main stream shall extend for a distance of 200 feet up the tributary.
In case of uncertainty as to a wetland or environment boundary_, the director of
community development services shall determine its exact location pursuant to
the criteria of WAC 173-22-055 and RCW 90.58.030, and the provisions of this
chapter.
Sec. 18-165. Urban environment.
Sec. 18-165.01. Purpose.
The purpose of designating the urban environment is to ensure optimum utilization of the
shorelines of the state within urbanized areas by permitting intensive use and by managing
development so that it enhances and maintains the shorelines of the state for a multiplicity of
urban uses. The urban environment is designed to reflect a policy of increasing utilization and
efficiency of urban areas, to promote a more intense level of use through redevelopment of areas
now under utilized, and to encourage multiple use of the shorelines of the city if the major use is
water dependent or water related, while at the same time safeguarding the quality of the
environment.
Sec. 18-165.02. Designation criteria.
Designation criteria for the urban environment shall be:
-6-
Shorelines of the city used or designated for office and commercial and high
intensity recreational use.
Shorelines of the city of lower intensity use, where surrounding land use is urban
and urban services are available.
3_. Shorelines of the city used or designated for multifamily residential development.
Shorelines of the city developed for residential purposes and where surrounding
land use is urban and urban services are available.
Shorelines of the city to be designated urban environment shall not have
biophysical limitations to development such as floodplains, steep slopes, slide
hazard areas, and wetlands.
Sec. 18-165.03. General Requirements.
Development waterward of the ordinary high water mark is prohibited except
water dependent recreational uses andpublic utilities.
No structure shall exceed a height of 35 feet above average grade level. This
requirement may be modified if the view of any neighboring residences will not
be obstructed, if permitted outright by the applicable provisions of the underlying
zoning, and if the proposed development is water related or water dependent.
_2.-
All development shall be required to provide adequate surface water retention and
sedimentation facilities during the construction period.
Development shall maintain the first 50 feet of property abutting a natural
environment as required open space.
Parking facilities, except parking facilities associated with detached single-family
development, shall conform to the following minimum conditions:
mo
Parking facilities serving individual buildings on the shoreline shall be
located landward from the principal building being served, EXCEPT when
the parking facility is within or beneath the structure and adequately
screened, or in cases when an alternate location would have less
environmental impact on the shoreline.
Any outdoor parking area perimeter, excluding entrances and exits, must
be maintained as a planting area with a minimum width of five feet.
C°
Parking as a primary use shall be prohibited ovcr
-7-
Parking in shoreline jurisdiction shall directly serve a permitted shoreline
use.
One live tree with a minimum height of four feet shall be required for each
30 linear feet of planting area.
One live shrub of one-gallon container size, or larger, for each 60 linear
inches of planting area shall be required.
Additional perimeter and interior landscaping of parking areas may be
required, at the discretion of the director, when it is necessary_ to screen
parking areas or when large parking areas are proposed.
In addition to any requirements imposed by Chapter 21 of this code, collection
facilities to control and separate contaminants shall be required where stormwater
runoff from impervious surfaces would degrade or add to the pollution of
recipient waters of adjacent properties.
The regulations of this chapter have been categorized in a number of sections,
regardless of the categorization of the various regulations, all development must
comply with all applicable regulations.
Sec. 18-165.04. Residential development.
Single family and multiple family residential development may be permitted in the urban
environment subject to the general requirements of Chapter 22, Article XI, Divisions 3 and 4,
and the following:
Single family or multiple family residential development is permitted in the
underlying zone classification.
Residential development is prohibited waterward of the ordinary high water mark.
3_. Setbacks.
Single_family residential development shall maintain a minimum setback
behind the stringline setback, or 50 feet from the ordinary_ high water
mark, whichever is greater, except in the following cases:
If the property is undeveloped and reasonable use of the property
cannot occur without further encroachment of the setback due to
physical constraints of the lot, then the director of community
-8-
o
development services can reduce the setback to the minimum
necessary_ in order to build a single family home, but in no case,
less than 30 feet from the ordinary high water mark. For the
purposes of this section, "physical constraints" includes but is not
limited to that constraint created by the installation and location of
a new septic system when public sewer service is not available.
If the property is developed with a single family home beyond the
stringline setback or within 50 feet of the ordinary high water mark
if there are no adjacent residences, then the residence can only be
added to if the addition will not make the structure any more
nonconforming as to its setback and the height of the addition
within the setback area is not increased, or the applicant may
request a shoreline variance and conditional use permit.
If single family residential development is proposed on a lot where
properties adjacent to both sides of the lot are developed in single
family residences located less than 50 feet from the ordinary_ high
water mark, then the proposed residential development may be
located the same distance from the ordinary_ high water mark as the
adjacent residences ( using stringline method) or 30 feet from the
ordinary_ high water mark, whichever is greater.
If the residential development is proposed on shorelines that
include one or more sensitive areas, as defined in Chapter 22 of
this code, such development shall maintain setbacks in accordance
with the regulations and procedures set forth in Article XIV of
Chapter 22.
Mult~familv residential development shall maintain a setback behind the
stringline setback, or 75 feet from the ordinary high water mark,
whichever is greater, except in the following cases:
If the property is undeveloped and reasonable use of the property
cannot occur without further encroachment of the setback due to
physical constraints of the lot, then the setback can be reduced to
the minimum necessary in order to build a single family home, but
in no case less than 30 feet of the ordina _ry high water mark.
If the property is developed with a single or multifamily structure
beyond the stringline setback or within 75 feet of the ordinary_ high
water mark if there are no adjacent single or multifamily structures,
then the structure can only be added to if the addition will not
make the structure any more nonconforming as to its setback and
-9-
the height of the adition within the structure is not increased or the
applicant may request a shoreline variance and conditional use
permit.
If the residential development is proposed on shorelines that
include one or more sensitive areas, as defined in Chapter 22 of
this code, such development shall maintain setbacks in accordance
with regulations and procedures set forth in Article XIV of Chapter
22.
Residential accessory_ structures may be placed within the required shoreline
setback, provided:
No accessory structure, except swimming pools, shall cover more than 150
square feet.
No accessory structure shall obstruct the view of the neighboring
properties.
No accessory_ structure shall exceed eight feet in height.
Sec. 18-165.05. Residential piers, moorage, or launching facilities. Conditions.
Any pier, moorage, float, or launching facility authorized by sections 18.165.04 through
18.165.06 shall be subject to the following conditions:
Residential piers are prohibited on the Puget Sound shoreline.
No dwelling unit may be constructed on a pier.
Excavated moorage slips shall not be permitted accessory to single family
residences, multifamily development, or as common use facilities accessory to
subdivisions and short subdivisions.
No covered pier, covered moorage, covered float, or other covered structure is
permitted waterward of the ordinary_ high water mark.
No pier, moorage, float, or over water structure or device shall be located closer
than 15 feet from the side property line extended, except that such structures may
abut property lines for the common use of adjacent property owners when
mutually agreed to by the property owners in a contract recorded with King
County, a copy of which must accompany an application for a building permit or
a shoreline permit; such joint use piers may be permitted up to twice the surface
area allowed by this title.
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All piers, moorages, floats, or other such structures shall float at all times on the
surface of the water, or shall be of open pile construction, provided no portion of
the structure shall, during the course of the normal fluctuations of the elevation of
the water body, protrude more than five feet above the surface of the water.
Sec. 18-165.06. Residential piers, moorage, or launching facilities. Accessory_ to residential
development.
Piers, moorages, floats, or launching facilities may be permitted accessory to a single
family residence, multifamily development, or as common use facilities associated with a
subdivision, in accordance with this chapter and the following limitations:
Private, single residence piers for the sole use of the property owner shall not be
permitted outright on City of Federal Way shorelines.
A pier may be allowed when the applicant has demonstrated a need for moorage
and has demonstrated that the following alternatives have been investigated and
are not available or feasible:
ao
Commercial or marina moorage.
Floating moorage buoys.
Joint use moorage pier.
No more than one pier for each residence is permitted. On lots with less than 50
feet of waterfront, only joint use piers shall be permitted except when both lots
abutting the subject lot have legally established piers then the lot with less than 50
feet of waterfront may be permitted an individual pier.
Multiple family residence piers and piers associated with a subdivision as a
common use facility shall not exceed the following:
ao
No more than one pier for each 1 O0 feet of shoreline associated with the
multifamily development, subdivision, or short subdivision is permitted.
The total number of moorage spaces shall be limited to one moorage space
for every two dwelling units in the multifamily development, subdivision,
or short subdivision.
Pier and moorage size.
mo
The maximum waterward intrusion of any portion of any pier shall be 36
feet, or the point where the water depth is 13 feet below the ordinary high
water mark, whichever is reached first, provided:
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If a pier is a common use pier associated with a multiple family
development or subdivision this intrusion may be increased four
feet for each additional moorage space over six moorage spaces to
a maximum of 76 feet.
b__:. The maximum width of each pier shall be eight feet.
c_. No float shall have more than 100 square feet of surface area.
The total surface area of piers, moorages, floats, and/or launching
facilities, or any combination thereof, associated with a single family
residence shall not exceed 500 square feet.
No pier, including finger pier, moorage, float, or over water structure or
device, shall be wider than 25 percent of the lot with which it is
associated.
Moorage piles. Moorage piles not constructed in conjunction with a pier are
limited by the following conditions:
a_. All piles shall be placed so as to not constitute a hazard to navigation.
No pile shall be placed more than 80 feet waterward of the ordinary_ high
water mark.
All moorage piles shall be placed in a water depth not to exceed 13 feet
below the ordinary high water mark.
d_. No more than two moorage piles per residence are permitted.
Launching ramps and lift stations require a shoreline conditional use permit and
are limited by the following conditions:
No portion of a launching ramp or lift station shall be placed more than 60
feet waterward of the ordinary_ high water mark.
All portions of a launching ramp or lift station shall be placed at a depth
not to exceed eight feet below the ordinary high water mark.
Launching rails or ramps shall be anchored to the ground through the use
of tie-type construction. Asphalt, concrete, or other ramps which solidly
cover the water body bottom are prohibited.
do
No more than one launching rail per single family residence is permitted,
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and no more than two common use launching ramps for each 100 feet of
shoreline associated with a multifamily development, short subdivision, or
subdivision.
Floats are limited under the following conditions:
One float per single family residence, multifamily development, short
subdivision, or subdivision is permitted.
No portion of a float shall be placed more than 36 feet waterward of the
ordinary_ high water mark.
c_. Retrieval lines shall not float at or near the surface of the water.
d_..:. No float shall have more than 100 square feet of surface area.
Sec. 18-165.07. Utilities.
Utility facilities may be permitted in the urban environment subject to the requirements of
this chapter, provided:
1. Utility and transmission facilities shall:
a._:. Avoid disturbance of unique and fragile areas.
b~ Avoid disturbance of wildlife spawning, nesting, and rearing areas.
Overhead utility facilities shall not be permitted in public parks,
monuments, scenic, recreation, or historic areas.
2_. Utility distribution and transmission facilities shall be designed so as to:
a..__: Minimize visual impact.
b._:. Harmonize with or enhance the surroundings.
c_. Not create a need for shoreline protection.
d_:. Utilize to the greatest extent possible natural screening.
3_. The construction and maintenance of utility facilities shall be done in such a way
so as to:
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a_. Maximize the preservation of natural beauty and the conservation of
resources.
b__:. Minimize scarring of the landscape.
c_. Minimize siltation and erosion.
d-. Protect trees~ shrubs~ grasses~ natural features~ and topsoil from drainage.
e_. Avoid disruption of critical aquatic and wildlife stages.
Rehabilitation of areas disturbed by the construction and/or maintenance of utility
facilities shall:
a_. Be accomplished as rapidly as possible to minimize soil erosion and to
maintain plant and wildlife habitats.
b_. Utilize plantings compatible with the native vegetation.
5_. Solid waste transfer stations shall not be permitted within the shorelines of the
state.
Sec. 18-165.08. Office and commercial development.
Office development may be allowed in the urban environment subject to the requirements
of this chapter~ provided:
1_:. The office or commercial use or activity is permitted in the underlying zoning
classification.
2_:. Office and commercial development shall maintain a setback behind the stringline
setback~ or 75 feet from the ordinary_ high water mark~ whichever is greater~
except in the following cases:
a_. If the property is developed with a structure within 75 feet of the ordinary
high water mark~ then the structure can only be added to if the addition
will not make the structure any more nonconforming as to its setback.
Ifa development is proposed on shorelines that include one or more
sensitive areas~ as defined in Chapter 22 of this code~ such development
shall maintain setbacks in accordance with regulations and procedures set
forth in Article XIV of Chapter 22.
Piers~ moorages~ floats~ and launching facilities will not be permitted in
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conjunction with office or commercial development; unless they are developed as
part of on-site public access to the shoreline.
Sec. 18-165.09. Shoreline protection.
Shoreline protection may be permitted in the urban environment, provided:
Bulkheads shall not be considered an outright permitted use on the Puget Sound
shoreline. In order for a proposed bulkhead to be permitted on the Puget Sound
shoreline, or for a lake shore bulkhead to quali _fy for the RCW 90.58.030(3)(e)(iii)
exemption from the shoreline permit requirements, the City of Federal Way shall
review the proposed bulkhead design as it relates to local physical conditions and
the City of Federal Way shoreline master program and must find that:
Erosion from waves or currents presents a clear an imminent threat to a
legally established residence, one or more substantial accessory structures,
or public improvements;
The proposed bulkhead is more consistent with the intent of the City of
Federal Way shoreline master program in protecting the site and adjoining
shorelines than other nonstructural alternatives such as slope drainage
systems, vegetative growth stabilization, gravel berms, and beach
nourishment, and that such alternatives are not technically feasible or will
not adequately protect a legally established residence or substantial
accessory_ structure;
The proposed bulkhead is located landward of the ordinary high water
mark; and
The maximum height of the proposed bulkhead is no more than one foot
above the elevation of extreme high water on tidal waters, or four feet in
height on lakes.
A shoreline protection project replacing an existing bulkhead shall be placed
along the same alignment as the shoreline protection it is replacing, subject to the
following:
When a bulkhead has deteriorated such that the ordinary_ high water mark
has been established by the presence and action of water landward of the
existing bulkhead, then the replacement bulkhead must be located at or as
near as possible to the actual ordinary high water mark.
When an existing bulkhead is being repaired by the construction of a
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vertical wall fronting the existing wall, it shall be constructed no further
waterward of the existing bulkhead than is necessary_ for construction of
new footings.
Beach nourishment and bioengineered erosion control projects may be
considered a normal protective bulkhead when any structural elements are
consistent with the above requirements, and when the project has been
approved by the Department of Fish and Wildlife.
Shoreline protection shall not have adverse impact on the property of others and
shall be designed so as not to create a need for shoreline protection elsewhere.
Shoreline protection shall not significantly interfere with normal surface
and/or subsurface drainage into the water body and shall be constructed
using an approved filter cloth or other suitable means to allow passage of
surface and groundwater without internal erosion of fine material.
Shoreline protection shall not be used to create new lands, except that
groins may used to create or maintain a public Class I beach if they
comply with all other conditions of this section.
Co
Groins are permitted only as part of a public beach management program.
Jetties and breakwaters are not permitted.
Sec. 18-165.10. Recreation.
Recreational development may be permitted in the urban environment subject to the
general requirements of this chapter, provided:
The recreational development is permitted in the underlying zone.
2~. Swimming areas shall be separated from boat launch areas.
The development of underwater sites for sport diving shall not:
a_:. Take place at depths of greater than 80 feet.
Constitute a navigational hazard.
c._:. Be located in areas where the normal waterborne traffic would constitute a
hazard to those people who may use such a site.
The construction of swimming facilities, piers, moorages, floats, and launching
facilities below the ordinary high water mark shall be governed by the regulations
-16-
of sections 18.165.05 and 18.165.06 of this chapter.
5_. Public boat launching facilities may be developed, provided:
The traffic generated by such a facility can be safely and conveniently
handled by the streets serving the proposed facility.
b_:. The facility will not be located on a Class I beach.
Upland facilities constructed in conjunction with a recreational development shall
be setback and/or sited to avoid contamination of the shorelines of the city.
Public pedestrian and bicycle pathways shall be permitted adjacent to water
bodies.
o
Public contact with unique and fragile areas shall be permitted where it is possible
without destroying the natural character of the area.
Water viewing, nature study, recording, and viewing shall be accommodated by
space, platforms, benches, or shelter consistent with public safety and security.
Sec. 18-165.11. Salmon and Steeihead Habitats
Structures which prevent the migration of salmon and steelhead are prohibited
~11 ~11,-. .... ~l
sh... n~t bc ,..~, .... in the portions of the water bodies used by fish. Fish bypass
facilities shall allow the upstream migration of adult fish. Fish bypass facilities
shall prevent fry and juveniles migrating downstream from being trapped or
harmed
Landfills shall not intrude into salmon and steelhead habitats, except as provided
in regulation 3.
Landfills may intrude into salt water areas used by salmon and steelhead for
migration corridors, rearing, feeding and refuge only where the proponent obtains
a conditional use permit (CUP) and demonstrates all of the following conditions
are met:
a. The landfill is for water-dependent or water-related use.
b. An alternative alignment or location is not feasible;
c. The project is designed to minimize its impacts on the environment;
-17-
d. The facility is in the public interest; and
e. If the project will create significant unavoidable adverse impacts, the impacts
are mitigated by creating in-kind replacement habitat near the project. Where in-
kind replacement mitigation is not feasible, rehabilitating degraded habitat may be
required as a substitute.
Unless the applicant demonstrates that bioengineering techniques will not be
successful, bulkheads and other shoreline protection structures are prohibited in
salmon and steelhead habitat.
Where bulkheads and other shoreline protection structures are allowed, the toe of
the bulkhead or structure shall be located landward of the ordinary high water
mark except as provided in regulation 6 below. Where an existing bulkhead or
structure cannot be removed because of environmental, safety, or geological
concerns, the least environmentally impacting altemative shall be used. Any
replacement bulkhead or shoreline protection structure shall be as close to the
existing structure as possible.
Bulkheads, breakwaters, jetties, groins and other shoreline protection structures
may intrude into salmon and steelhead habitats only where the proponent
demonstrates all of the following conditions are met:
a. An alternative alignment or location is not feasible;
b. The project is designed to minimize its impacts on the environment;
c. The facility is in the public interest; and
d. If the project will create significant unavoidable adverse impacts, the impacts
are mitigated by creating in-kind replacement habitat near the project. Where in-
kind replacement mitigation is not feasible, rehabilitating degraded habitat may be
required as a substitute.
Docks, piers, pilings and floats may be located in water areas used by salmon and
steelhead for migration corridors, rearing, feeding and refuge, provided the
facilities use open piling construction. Approach fills shall be located landward of
the ordinary_ high water mark. Docks, piers, pilings and floats shall not be located
in other salmon and steelhead habitats. The project shall be designed to minimize
its impacts on the environment.
Open pile bridges are the preferred water crossing structures over salmon and
steelhead habitats. If a bridge is not feasible, one of the following water crossin~
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o
10.
11.
structures may be approved if the impacts are acceptable: temporary culverts,
bottomless arch culverts, elliptical culverts or round culverts. These structures are
listed in priority order, with the first having the highest preference and the last the
lowest preference. In order for a lower priority structure to be permitted, the
applicant must show the higher priority structures are not feasible. The project
shall be designed to minimize its impacts on the environment.
Bridges and in-water utility corridors may be located in salmon and steelhead
habitat provided the proponent shows that all of the following conditions are met:
a. An alternative alignment is not feasible~
b. The project is located and designed to minimize its impacts on the
environment~
c. Any alternative impacts are mitigated; and
d. Any landfill is located landward of the ordinary_ high water mark. Open piling
and piers required to construct the bridge may be placed waterward of the
ordinary_ high water mark, if no alternative method is feasible.
Notwithstanding regulation 4, when installing in-water utilities, the installer may
place native material on the bed and banks of the water body or wetland to
reestablish the preconstruction elevation and contour of the bed. The project shall
be designed to minimize its impacts on the environment.
Dredging which will damage shallow water habitat used by salmon and steelhead
for migration corridors, rearing, feeding and refuge shall not be allowed unless the
proponent demonstrates all of the following conditions are met:
a. The dredging is for a water-dependent or water-related use;
b. An alternative alignment or location is not feasible;
c. The project is designed to minimize its impacts on the environment;
d. The facility is in the public interest; and
e. If the project will create significant unavoidable adverse impacts, the impacts
are mitigated by creating in-kind replacement habitat near the prqiect. Where in-
kind replacement mitigation is not feasible, rehabilitating degraded habitat may be
required as a substitute.
Dredging and the removal of bed materials below the water line is prohibited
within salmon and steelhead spawning areas.
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12.
In-water dredge spoil disposal sites shall not be located in salmon and steelhead
habitats.
13.
Landfilling, dredging, channelization sand other activities which negatively
impact habitat values are prohibited in wetlands, ponds, and side channels which
provide refuge or other habitat for salmon or steelhead.
14.
Within salmon and steelhead habitats, permanent channel changes and
realignments are prohibited.
15.
Aquaculture uses shall not be established in salmon and steelhead habitat, except
for areas that are only used for migration corridors. This regulation only applies
to in-water aquaculture uses, not upland aquaculture uses.
16.
The removal of aquatic and riparian vegetation within or adjacent to salmon and
steelhead habitats shall be minimized. Trees which shade side channels, streams,
rivers, ponds and wetlands used by salmon and steelhead shall be maintained.
Areas of disturbed earth shall be revegetated.
17.
Unless removal is needed to prevent hazards to life and property or to enhance
fish habitat, large woody debris below the ordinary_ high water mark shall be left
in the waterway to provide salmon and steelhead habitat.
18.
Outfalls within or upstream of salmon or steelhead spawning areas shall be
designed and constructed to minimize disturbance of salmon and steelhead
spawning beds.
Sec. 18-166. Rural environment.
Sec. 18-166.01. Purpose.
The purpose of designating the rural environment is to restrict intensive development,
function as a buffer between urban areas, and maintain open spaces and opportunities for
recreation uses within the ecological carrying capacity of the land and water resource. New
developments in a rural environment should reflect the character of the surrounding area by
limiting intensity, providing permanent open space, and maintaining adequate building setbacks
from the water to prevent shoreline resources from being destroyed for other rural types of uses.
Sec. 18-166.02. Designation criteria.
Designation criteria for the rural environment shall be:
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Shorelines of the city used or designated for residential development at a density
of three units per acre or less.
Shorelines of the city developed for residential purposes where surrounding land
use is residential in character without all urban services.
Shorelines of the city to be designated rural shall not have limitations to
development due to sensitive areas such as floodplains, steep slopes, slide hazard
areas, and/or wetlands.
Sec. 18-166.03. General requirements.
The general requirements for development within a rural environment shall be the same
as those for the urban environment, section 18.165.03.
Sec. 18-166.04. Residential development.
Single family residential development may be permitted in the rural environment subject
to the general requirements of the residential provisions of section 18.165.04 of the urban
environment.
Sec. 18-166.05. Residential piers, moora~,e, or launching facilities.
Piers, moorages, floats, or launching facilities may be permitted accessory_ to a single
family residence in accordance with sections 18.165.05 and 18.165.06 of the urban environment.
Sec. 18-166.06. Subdivisions.
The lot standards enumerated in this section apply to any lot that has buildable area
within the shorelines of the city. Buildable area means that area of the lot, exclusive of any
required open space, yards, or setbacks upon which a structure may be constructed.
The minimum required area of a lot in the rural environment shall be five acres;
provided, however:
The minimum lot area may be reduced to 15,000 square feet when:
All lots are part of an approved subdivision or short subdivision.
All lots are served by public water.
All lots are served by an approved sewage disposal system.
All lots are served by paved streets.
All lots have a minimum width of 100 feet.
Any lot located wholly or partially within the shorelines of the city shall be
-21-
subject to the substandard lot provisions of Chapter 22, Article IV.
3_. Submerged land within the boundaries of any waterfront parcel shall not be used
to compute lot area, lot dimensions, yards, open space, or other similar required
conditions of land subdivision or development.
Sec. 18-166.07. Utilities.
Utility facilities may be permitted in the rural environment subject to the utilities
requirements of the urban environment and the general requirements of section 18.165.03.
Sec. 18-166.08. Shoreline protection.
Shoreline protection may be permitted in the rural environment subject to the shoreline
protection provisions of section ! 8.165.09 of the urban environment.
See. 18-166.09. Recreation.
Recreational development may be permitted in the rural environment subject to the
general requirements of this chapter and the recreation provisions section 18.165.10 of the urban
environment.
Sec 18-166.10. Salmon and Steelhead Habitat
Salmon and steelhead habitat shall be protected under section 18.165.10 (1 - 18).
Sec. 18-167. Conservancy residential environment.
Sec. 18-167.01. Purpose.
Conservancy residential areas are intended to maintain their existing character. This
designation is designed to protect, conserve, and manage existing natural features and resources.
The preferred uses are those nonconsumptive of the physical and biological resources of the area.
Sec. 18-167.02. Designation criteria.
Designation criteria for the conservancy environment shall be:
1_. Shoreline areas, regardless of the underlying zoning, which have environmentally
sensitive areas as aquifer recharge areas, _fish and wildlife habitat, frequently
_flooded areas, geological(l/hazardous areas, streams, and wetlands as defined in
Federal way City Code Section 18.28.
9.2. Shoreline areas that have poor drainage.
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3_. Shoreline areas which are free from extensive development.
4__:. Shoreline areas of high scenic value.
Sec. 18-167.03. General requirements.
The general requirements for development within a conservancy environment shall be the
same as those for the urban environment, section 18.165.03.
Sec. 18-167.04. Residential development.
Single family residential development may be permitted in the conservancy environment
subject to the general requirements of Chapter 22, Article XI, and the residential provisions of
section 18.165.04 of the urban environment; provided single family residential development shall
maintain a minimum setback of 50 feet from the ordinary_ high water mark, except that:
If the development is proposed on shorelines including one or more sensitive
areas, as defined in Chapter 22, Article XIV, such development shall be done in
accordance with that article.
Any pier, moorage, float, or launching facility permitted accessory_ to single
family development, or a common use facility accessory_ to a subdivision or short
subdivision, shall be subject to the pier, moorage, float, and launching facility
provisions of section 18-165.06 of the urban environment; provided no such
authorized structure shall be located within 200 feet of any other structure.
Sec. 18-167.05. Subdivisions.
The lot standards enumerated in this section apply to any lot that has buildable area
within the shorelines of the city. Buildable area means that area of the lot exclusive of any
required open space, yards, or setbacks upon which a structure may be constructed.
The minimum required area of a lot in the conservancy environment shall be five
acres, provided, however:
ao
The minimum lot area may be reduced to 35000 square feet when:
All lots are part of an approved subdivision or short subdivision.
All lots are served by public water.
All lots are served by an approved sewage disposal system.
All lots are served by paved streets.
All lots have a minimum width of 100 feet.
°
Any lot located wholly or partially within the shorelines of the city shall be
subject to the substandard lot provisions of Chapter 22, Article IV.
-23-
Submerged land within the boundaries of any waterfront parcel shall not be used
to compute lot area, lot dimensions, yards, open space, or other similar required
conditions of land subdivision or development.
Sec. 18-167.06. Utilities.
Utility facilities may be permitted in the conservancy environment subject to the utilities
requirements of the urban environment and the general requirements of this chapter.
Sec. 18-167.07. Shoreline protection.
Shoreline protection may be permitted in the conservancy residential environment
subject to the shoreline protection provisions section 18.165.09 of the urban environment.
Sec. 18-167.08. Recreation.
Recreational development may be permitted in the conservancy residential environment
subject to the general requirements of this chapter and the recreation provisions section
18.165.10 of the urban environment.
Sec. 18-167.09. Salmon and Steelhead Habitat
Salmon and steelhead habitat shall be protected under section 18.165.10 (1-18).
Sec. 18-168. Natural environment.
Sec. 18-168.01. Purpose.
The purpose of designating the natural environment is to preserve and restore those
natural resource systems existing relatively free of human influence. These systems require
severe restrictions of intensities and types of uses permitted so as to maintain the integrity of the
natural environment.
Sec. 18-168.02. Designation criteria.
Designation criteria for the natural environment shall be:
A shoreline area that provides food, water, or cover and protection for any rare,
endangered, or diminishing species.
A seasonal haven for concentrations of native animals, fish, or fowl, such as a
migration route, breeding site, or spawning site.
3_:. Shoreline areas considered to best represent the basic ecosystem and geologic
-24-
types which are of particular scientific interest.
Shoreline areas which best represent undisturbed natural areas.
Shoreline areas with established histories of scientific research.
Those shoreline areas having an outstanding or unique scenic feature in their
natural state.
In addition to the above criteria, the following should be considered when
designating natural environments:
Areas where human influence and development are minimal.
Areas capable of easily b. eing restored to a natural conditions.
Saltwater wetlands.
Class I beaches.
Sec. 18-168.03. Residential development.
Single family residential development may be permitted in the natural environment
subject to the general requirements of Chapter 22, Article XI, and the single family provisions,
section 18, ! 65.04 of the urban environment; provided, single family residential development
shall maintain a minimum setback of 100 feet from the ordinary high water mark, except that:
If development is proposed on shorelines including one or more sensitive areas, as
defined in Chapter 22, Article XIV, such development shall be done in accordance
with regulations and procedures set forth in that article.
Sec. 18-168.04. Residential piers, moorage, or launching facilities.
Piers, moorages, floats, or launching are prohibited ~t._,, _~. bc -~:"~
.......... ~, .......... in a natural
environment.
Sec. 18-168.05. Subdivisions.
The minimum required area in the natural environment shall be five acres.
The minimum required lot width in the natural environment shall be 330 feet.
Any lot located wholly or partially within the shorelines of the city shall be
considered a legal building site, provided that such lot shall be subject to the
substandard lot provisions of Chapter 22, Article IV.
-25-
Submerged land within the boundaries of any waterfront parcel shall not be used
to compute lot area, lot dimensions, yards, open space, or other required
conditions of land subdivision or development.
Sec. 18-168.06. Shoreline protection.
Shoreline protection is prohibited sl;all
~,~ ~,~ ............ the natural environment.
Sec. 18-168.07. Recreation.
Recreational development may be permitted in the natural environment subject to the
general requirements of this chapter, provided:
The recreational development will not require any significant filling, excavation,
or regrading involving more than 15 percent of that portion of the site within the
shorelines of the city.
The construction of indoor swimming pools, gyms, and other indoor recreational
facilities is prohibited.
Piers, moorages, floats, or launching facilities constructed in conjunction with
recreational development shall not be permitted, except that floating walkways or
other similar over water pedestrian structures facilitating access to observation
points or viewing areas may be permitted.
Sec. 18-168.08. Salmon and Steelhead Habitat
Salmon and steelhead habitat shall be protected under section 18.165.10 (1-18).
DIVISION 3. PROCESS
Sec. 18-t64 169. Application and public notice.
An application for a substantial development permit shall be made to the department of
community development on forms prescribed by the department. Upon submittal of a complete
application, and required fees, the department shall instruct the applicant to publish notices of the
application at least once a week on the same day of the week for two consecutive weeks in a
newspaper of general circulation within the city. The applicant shall also provide additional
public notice as prescribed in process IV, section 22-431 et seq.
(Ord. No. 90-38, § 1(24.40), 2-27-90; Ord. No. 97-291, § 3, 4-1-97)
Cross reference(s)--Process IV review requirements, § 22-431 et seq.
-26-
Sec. 18-~c6~ 170. Procedure for review.
The substantial development permit shall be reviewed under the provisions of process III,
section 22-386 et seq. and the director of community development services shall be the final
approval authority for the permit.
(Ord. No. 90-38, § 1(24.50), 2-27-90; Ord. No. 97-291, § 3, 4-1-97)
Cross reference(s)--Process III review requirements, § 22-386 et seq.
Sec. 18-~,6 171. Shoreline variance.
(a) The purpose of a shoreline variance is to grant relief to specific bulk, dimensional or
performance standards set forth in the shoreline master program, and where there is an
extraordinary or unique circumstance relating to the property such that the strict implementation
of the shoreline master program would impose unnecessary hardship on the applicant or thwart
the policies of the Shoreline Management Act.
(b) When a variance is requested, the substantial development permit and the variance
shall be reviewed under the provisions of process IV, section 22-431 et seq., and the hearing
examiner shall be the final approval authority.
(c) A variance from the standards of the master program may be granted only when the
applicant can demonstrate that all the following conditions will apply:
(1)
That the strict requirements of the bulk, dimensional or performance standards set
forth in the master program precludes or significantly interferes with a reasonable
use of the property not otherwise prohibited by the master program;
(2)
That the hardship described above is specifically related to the property, and is the
result of unique conditions such as irregular lot shape, size, or natural features,
and the application of the master program, and not for example, from deed
restriction or the applicant's own actions;
(3)
That the design of the project will be compatible with other permitted activities in
the area and will not cause adverse effects to adjacent properties or the shoreline
environment;
(4)
That the variance authorized does not constitute a grant of special privilege not
enjoyed by other properties, and will be the minimum necessary to afford relief;
(5) That the public interest will suffer no substantial detrimental effect;
(6)
That the public rights of navigation and use of the shorelines will not be adversely
affected by the granting of the variance when the proposal is for development
located waterward of the ordinary high-water mark, or within marshes, bogs or
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swamps; and
(7)
That consideration has been given to the cumulative effect of like actions in an
area where similar circumstances exist, and whether this cumulative effect would
be consistent with shoreline policies or would have substantial adverse effects on
the shoreline.
(d) Shoreline variances may not be used to permit a use that is specifically prohibited in
an environment, or to vary uses permitted within an environmental designation.
(Ord. No. 90-38, § 1(24.60.10--24.60.40), 2-27-90; Ord. No. 97-291, § 3, 4-1-97) Cross reference(s)--Process IV review requirements, § 22-43 i et seq.
Sec. 18-1-6-7 172. Conditional uses.
(a) Conditional use permits are allowed to provide greater flexibility in varying the
application of the use regulations of the shoreline master program in a manner which will be
consistent with the policies of RCW ch. 90.28, particularly where denial of the application would
thwart the policies of the Shoreline Management Act.
(b) When a conditional use is requested, the substantial development permit and the
conditional use shall be reviewed under the provisions of process 34 IV, section 22-476 et seq.,
and the city council shall be the final approval authority.
(c) Conditional uses have unique and special characteristics which require a special
degree of control to make the uses compatible with other existing or permitted uses in the same
environment, and to assure that the use is in the public interest. In authorizing a conditional use
permit, special conditions may be attached to the permit by the city council to prevent
undesirable effects or mitigate environmental impacts of the proposed use.
(d) Conditional use permits shall be authorized only when they are consistent with the
following criteria:
(1)
(2)
(3)
(4)
The proposed use is consistent with the policies of RCW 90.58.020 and the
policies of the master program;
The use will not interfere with normal public use of surface waters;
The use will cause no unreasonable adverse effects on the shoreline or
surrounding properties or uses, and is compatible with other permitted uses in the
area;
The public interest will suffer no substantial detrimental effect;
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(5)
Consideration has been given to cumulative impact of additional request for like
actions in the area.
(e) Other uses not set forth in the shoreline master program may be authorized through a
conditional use permit if the applicant can demonstrate that extraordinary circumstances preclude
reasonable use of the property; however, uses specifically prohibited by the master program may
not be authorized.
(Ord. No. 90-38, § 1(24.70.10--24.70.50), 2-27-90)
Cross reference(s)--Process 111 review requirements, § 22-476 et seq.
Sec. 18-1-68 !..73. Final approval of aubatantial dcv¢l~pnlcnt shoreline permits.
(a) The director of community development shall notify the following agencies or persons
within five days of the final approval of a substantial development permit and any variances or
conditional uses granted:
(1) The applicant;
(2) The state department of ecology;
(3) The state attorney general;
(4) Any person who has submitted written comments on the application;
(5)
Any person who has requested notification in writing prior to final approval of the
permit.
(b) No work may commence on a site requiring a ..... ., ..... ,~,-..~,..v,- .... shoreline
permit until ~rO 21 days following the date of reeei~ filing of theo~,~,o.....,-'~- ..... :~'
shoreline permit by the state department of ecology, and written notification has been received
from the department of ecology that the rcvicw appeal period has been .... '
..... ~, ..... initiated.
(Ord. No. 90-38, § 1(24.80.10, 24.80.20), 2-27-90)
Sec. 18-/69 174. Combined hearing authority.
In those cases when development proposed in the shorelines may require a public hearing
under the authority of other chapters of this Code, the hearings may be combined.
(Ord. No. 90-38, § 1(24.90), 2-27-90)
Sec.,,,-,~t ,'m,,, 175. .... Alteration or reconstruction of nonconforming use or development.
(a) Applications for substantial development or building permits to modify a
nonconforming use or development may be approved only if:
( 1 ) The modifications will make the use or development less nonconforming; or
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(2) The modifications will not make the use or development more nonconforming.
(b) A use or development, not conforming to existing regulations, which is destroyed,
deteriorated, or damaged more than 75 percent of its fair market value may be reconstructed only
consistent with regulations set forth in this article.
(Ord. No. 90-38, § 1(24.100), 2-27-90)
Sec. 18-170.176. Shoreline environment redesignation.
A. Shoreline environments designated by the master program may be redesignated by the
City Council upon finding that such redesignation will be consistent with:
1. The policies of Section 2 of the Shoreline Management Act of 1971.
2. The goals, objectives and policies of the master program;
3. The designation criteria of the shoreline environment designation requested.
SHORCODE WPD
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William E.Snodgrass
28436 Redondo Beach Dr.S.
Des Moines, WA 98198
October 27, 1999
Committee member;
LAND USE AND TRANSPORTATION COMMITTEE
City of Federal Way
33530 1st Way South
Federal Way, WA 98003-6210
City Clerks Office
City of Federal Way
Dear LUTC committee member:
I had hoped to address your committee personally during the Nov. committee meeting. My neighbors
and I in the Lakota and Adelaide communities have some significant concerns about the proposed changes
to Sec. 18-165.04 (single family residential development). Unfortunately, the rescheduled meeting to the
04th of Nov. will leave me unable to attend and address your committee. Therefore, would you please
read and consider the following thoughts prior to sending the proposed changes to the full city council
for adoption.
I am writing on behalf of myself and my Puget Sound waterfront neighbors. We are asking that you NOT
send the proposed waterfront setbacks under Sec. 18-165.04 to the full council in it's current form. The
proposed changes have several shortcomings which need to be addressed.
First and foremost, public notification of the proposed changes has been inadequate! Occasional notices
in the Federal Way newspaper has not been sufficient notice. Not one of my Puget Sound waterfront
neighbors knows anything about the proposed increased building restrictions. Some live out of state at
various times of the year. While others either do not receive the local paper, or are simply too old to
read it.
As you are probably aware, waterfront property owners generally pay some of the highest real estate
prices for their properties. They also are burdened with some of the highest residential real estate taxes
in the city. If you are going to implement significant changes/restrictions to the use of our properties,
we would like to have some imput! However, no one seems to be aware of the impending changes due
to a lack of proper notification. Wouldn't you feel the same about your home?
We would like to suggest, that at a bare minimum, each waterfront property owner be notified by mail
of the proposed changes. These relatively few legal owners can easily be found through county or city
tax rccords. They may also be found fairly quickly-and casily at any given titlc company for a nominal
fee.
After proper notification has been given, a minimum 60 day comment period should be established.
This will give any of us who might have plans to further develop our properties, a real chance to address
the proposed changes. As our elected officials, we are merely asking that you give us better notification.
I'm sure that you, as citizens and property owners in Federal Way, would feel the same as we do, if your
property use was being further restricted.
My family and I have plans to further develop our property, and these proposed changes to the setback
from the ordinary high water mark (OHWM), will make those changes impossible! I last wrote to the
full city council to address this issue in early Dec. 1998. We asked the council at that time to address
the issue of private septic systems placing physical restraints on our properties. The council apparantly
chose not to address the issue, as the proposed wording in Sec. 18-165.04 was not changed.
t.)
The fact that almost every property along the Puget Sound waterfront is served by private septic
systems rather than public sewer, seems to have been overlooked in the proposed changes. If the
true intent of the proposed changes is to increase Puget Sound water quality, then this issue must be
addressed in the proposed changes. Otherwise, water quality will continue to suffer under these
proposed changes.
Please consider the fact that the first home/cabins in the Federal Way area were built on the water-
front in the early 1900's. No sewers were available for hook-up. So septic drainfields were installed.
Some, very crude in design, and most all were placed behind bulkheads relatively close to the water.
None of these systems, given their age and geographical locations, are overly friendly to water quality.
Furthermore, very few of these systems were installed under the guidance of the Health Department.
And this is why, you will not find any record of most of these systems at the Seattle King County
Health Department.
Today, if you have a current septic system on your property, you are not allowed to add even a single
bedroom to your home unless you install a completely new septic tank and drainfield. The new system
must not be any closer than 100 feet from the OHWM. Futhermore, you must have enough property
to allow for a secondary drainfield which is called the reserve drainfield. And this area must be 100
percent the size of your primary drainfield. So for a 3 bedroom home, you are required to designate
approximately 5000 square feet of property for the septic system. More for a 4 bedroom home. This
property area is not to be used for any other purpose than for the septic system. IE: No Structures.
Now take a look at the Federal Way zoning map. Most waterfront properties are zoned RS7200,
meaning that it is single family development on a minimum lot size of 7200 square feet. However,
with septic system restraints, (IE: 5000 sq.ft.), and the proposed 50 foot/stringline setbacks, future
development or even simple remodeling becomes impossible! This not only hurts the property
owner, but Puget Sound water quality as well. If the new development is prohibited, new septic
drainfields will not be installed over 100 feet from the OHWM. Rather, the older, decaying systems
will continue to degrade our water quality. Is this really the intent of these proposed changes?
Additionally, wouldn't this determent to development and remodeling have a negative impact on
our property values?
Please look at our property in the Lakota communi'~y as just one example: See attachment "A".
Zoning: RS7200
Our Property: 9200 square feet. Significantly more than the minimum.
Lot coverage allowed by zoning: 60%
Lot coverage allowed with the proposed setbacks: 09% (or less than 1/6' of my neighbors
property across the street. Or any other
Federal Way property zoned RS7200.)
This type of severe property restriction demands that the question be asked: DOES THAT SEEM
FAIR OR REASONABLE ? Futhermore, is that really the intention of your proposed changes?
With the proposed changes in mind, I asked for and received a meeting with city building and
community development officials on Sept. 21, 1999. We wanted to know what our chances would
be, of getting some kind of relief/variance from the proposed setbacks. After all, our property must
have a private septic system installed to be considered buildable. Therefore, as has been pointed out
above, it carries a very large (IE: 5000 sq.ft.) physical constraint on the lot.
The answer we got was disappointing to say the least! Please see attachment "g". We would have
approximately 810 square feet of buildable property area. That is tile amount of square footage
available for a home. uader the septic restrictions and proposed setbacks l'rom tile OHWM, no variances
571
received. With just a small 2-car garage,(400 sq.ft.), we are left with only 410 sq.ft of living space for
a one-level home. That is exceptionally smaller than the average Federal Way home. And, this is not
enough square footage to make building on this lot even remotely economical. Remember, this lot is
2000 square feet larger than the minimum required by zoning.
City officials have been helpful, but they say that they must abide by the regulations as written. This
leaves them with only the conservative interpretation of the proposed guidelines. This means that they
must interpret 810 square feet as reasonable building area, because they must assume that you can build
a 2-story structure. However, that assumption does not play well to the disabled or elderly who are
unable to climb stairs. And some could interpret that assumption as discriminatory.
Furthermore, no exact amount of square footage exists on city regulations that describes what
"reasonable" actually is! That elusive number is purely subjective by city officials. This certainly does
not appear to be fair or reasonable to us property owners.
In order to prevent waterfront property owners from crying "FOUL" in the future, some more thought
should go into the wording of these proposed changes. Please consider incorporating one or more of the
following ideas into the wording of the changes in Sec. 18-165.04:
1.) Developed, and/or undeveloped properties which have no public sewer available, will be considered
to have a physical constraint, due to septic system requirements. This fact should be considered by
city officials when setback reliefs are requested by the property owner.
2.) The number of waterfront properties within the city limits is relatively small. Therefore, the director
of community development services will, if requested by the waterfront property owner, review for
approval or disapproval, any requests made for setback administrative variances.
3.) Waterfront lots which are narrower than the minimum lot widths under their zoning, shall be entitled
to some type of sliding scale relief from the OHWM setbacks. This relief allows further encroach-
ment of the setbacks, but in no case less than 30 feet from the OHWM.
4.) Reasonable use shall be defined as 1000 to 1500 square feet, dependant upon property constraints
(IE: lot width, depth, topography, sewer availability).
If the goal of the proposed changes is to improve Puget Sound water quality as we have been told, then
some or all of these ideas should at least be considered for incorporation into the proposed changes. As
new septic systems are installed much further from the beach, water quality will improve. Homeowners
will be able to remodel their homes .just as any other property owner is entitled. And, property values
will at least remain stable.
However, if the proposed changes are meant only to deter development/retnodeling along our water-
front, then the wording as it is written, will do just that! Water quality actually will suffer. And the
waterfront property owners will become irate as they individually discover that their property rights
have been taken away, devaluating their properties.
In closing, let me just say that we waterfront property owners are certainly not against the idea of
improving water quality. Most of us would welcome the opportunity to connect to public sewers.
This would alleviate a great deal of the septic/water quality issues. Perhaps, some form of city
assistance to bring sewers to the waterfront could be addressed in the future.
Thank you all for taking the time to read this letter. Please send the proposed wording back to
committee for improvements, before recommending it to the full council. As you can see, there is
still a great deal of room for improvement. Finally, it is critical that the wording be "right" before
adoption. Otherwise, it will only be contentious in the future. Let's get it right the first time!
Sincerely:
Willimn E..c,n(~dgrass
J\
~o
I0
313 LF
6-i~AP~ I C I"--
4.65'
DRAINFIELD- TO- BUILDING
FOUNDATION SETBACK UNE
PROPOSED DW
pR~OPOSED DR^INFIELD
UNE i (TYP.)
33530 1 ST \,VAY SOUTH
(253) 66]-4000
FEDERAL WAY. WA 98003-6210
October 21, 1999
Mr. William snodgrass
28436 Redondo Beach Drive South
Des Moines, WA 98198
Re.'
RESIDENTIAL SHORELINE INQUIRY - 3100 SW 300th Place, Federal Way, WA
Tax Parcel No. 4167610-0310
Dear Mr. Snodgrass:
This correspondence is a follow up to your September 11, 1999, letter and our meeting on
September 21, 1999. In summary, you have requested either an administrative variance to the
shoreline setback requirement in the draft shoreline regulations, or to be vested to the current
shoreline code provisions which allow a 20 foot shoreline setback for single family home
construction.
Your inquiry letter does not vest your proposal to current code, and the project as preliminarily
designed would not qualify for an administrative setback variance under the proposed draft
shoreline code. The remainder of this letter provides information on vesting and discussion of the
administrative variance provisions proposed in the draft shoreline code.
First, city staff anticipates the full city council will review the final revisions to the draft
shoreline code during November 1999. Implementation and enactment of the new shoreline code
provisions will likely occur in December 1999. As you are aware, the City Council has already
approved the bulk of the proposed shoreline code amendments, however, there are some minor
technical amendments to the draft ordinance which must be reviewed by the City Council before
final adoption. Since the new code provisions require City Council approval, I am unable to
provide specific dates for adoption and enactment.
In order to vest your proposal to the current shoreline regulations which allows a setback of 20
feet from the ordinary highwater (OHW) (bulkhead in this instance), a complete building permit
application must be submitted prior to enactment of the new shoreline code provisions. At our
meeting, I provided you with a handout which details submittal requirements for a single-family
residence. A building.permit application is valid for six months with a subsequent six month
extension if requested.
Mr. William Snodgrass
October 21, 1999
Page 2
If your project is not vested to the current code and subject to the new shoreline code, then a
setback of 50 feet from the OHW (bulkhead in this instance) or the stringline between the two
adjacent structures, whichever is greater, would apply. An initial review of your preliminary site
plan sh..ows the building envelope encroaches into the shoreline setback area required under the
proposed shoreline code and would not be allowed as proposed. An administrative reduction of
· the required 50 foot or stringline (whicheVer is greater) shoreline setback cannot be supported by
staff, since the proposal does not meet the decisional criteria in the revised draft provisions of
Federal Way City Code (FWCC) Section 18-165(d)(3)(a)(1-4).
As you know, this is a only a preliminary review of your conceptual site plan and does not take
the plaCe of a full review of the formal application. I hope this information answers any questions
you may have. Please call me at (253) 661-4019 if you have any questions or ifI can be of any
further assistance.
Sincerely,
Senior Planner
c: Kathy McClung, Deputy Director of Community Development Services
L:~'RMSYSkDOCI.~LENTLS.X~P99_00 0 IMe~back doc