Council PKT 12-01-1998 Regular
r
1
City of Federal Way
City Council Meeting
AGENDA
CO UN CILMEMBERS
Ron Gintz, Mayor
Jeanne Burbidge Linda Kochmar
Jack Dovey Michael Park
Mary Gates Phil Watkins
CITY MANAGER
Kenneth E. Nyberg
Office of the City Clerk
December 1, 1998
I
I.
II.
III.
AGENDA
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
December 1, 1998 - 7:00 p.m.
(www.ci.jederal-way. wa. us)
*****
CALL MEETING TO ORDER
PLEDGE OF ALLEGIANCE
Ir Girl Scout TrOQ¡) #1994
CITIZEN COMMENT
Pi EASE COMPLETE THE PiNK SLiP & PRESENT TO THE DEPUTY CLERK PRiOR TO SPEAKiNG.
Citizens 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 stale your name and address for the record. I!LEß.SE
LiMiT YOUR REMARKS TO THREE (J) MiNUTES. The Mayor may interrupt citizen comments that
continue too long, relaJe negatively to other individuals, or are otherwise inappropriate.
IV.
CONSENT AGENDA
(items üsted below have been previously reviewed by a CoImciI Committee of three members and brought before
full Council for approval; aU items will be enocted by one motion; inIlividual items may be removed by a
Councilmember for separate discussion and subsequenJ motion.)
j.
a.
b.
c.
d.
Minutes/November 17 1998 Re~ular Meetin~
Resolution/Fee Schedule
SW 340th St RefJonal Stora,~e Facili\y/Final PrQject Acceptance
Hoyt Rd/340th St Interlocal Av-eement with Ci\y of Tacoma
Street Sweeping Contract Extension for 1999
Council Bill #200/Shoreline Mana¡¡ement PrOiram & Re.1'ulationsl
Enactment Ordinance
Council Bill #202/1998 Final Biennium Bude;et AqjustmentiEnactment Ordinance
Council Bill #20311999-2000 Biennial Bud¡¡etiEnactment Ordinance
Council Bill #204/1999 Property Tax Rate/Enactment Ordinance
Council Bill #207/Wtq'erhaeuser Annexation DevelQpment A~reementiSouthl
Enactment Ordinance
Council Bill #209/Wcqrerhaeuser Annexation Adoption/SouthlEnactment Ordinance
High Point Final Plat Approval/Resolution
1999 Transportation Improvement Projects/Grant Applications
over please. . .
e.
f.
g.
h.
i.
k.
1.
m.
V.
VI.
VII.
VIII.
IX.
PUBLIC HEARINGS
a.
Goldmine Thai Restaurant Business License Denial Appeal
Staff Presentation
Applicant Presentation
City Council Deliberation
b.
So 344th Street Vacation
Staff Report
Citizen Comment
City Council Deliberation
ORDINANCES
a.
Council Bill #205/1998 Comprehensive Plan Amendments/Enactment Ordinance
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, ADOPTING AMENDMENTS TO THE CITY'S GROWTH MANAGEMENT ACT
COMPREHENSNE PLAN, ADOPTING AMENDMENTS TO DEVELOPMENT REGULATIONS
CONTAINED IN CHAPTERS 20 AND 22 OF THE FEDERAL WAY CITY CODE, AND
ADOPTING AMENDMENTS TO THE CITY'S ZONING MAP.
b.
Council Bill #206/Weyerhaeuser Annexation Development Agreement/North/
Enactment Ordinance
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
DEVELOPMENT AGREEMENT WITH THE WEYERHAEUSER COMPANY AND THE
FEDERAL WAY FIRE DISTRICT NO. 39.
c.
Council Bill #2O8/We:yerhaeuser Annexation AdQption/North/Fnactment Ordinance
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, ANNEXING APPROXIMATELY 25.7 ACRES LOCATED BETWEEN SOUTH
320TH STREET, INTERSTATE 5, MILITARY ROAD, AND SOUTH 316TH STREET.
d.
Council Bill #210/Gambling Tax Code Amendment/Enactment Ordinance
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING FEDERAL WAY CITY CODE CHAPTER 14, SECTION 14-144,
REGARDING THE TAX RATE ON SOCIAL CARD GAMES (AMENDS ORDINANCES 90-15,
90-44,91.101, %-268, %-279, 97-286, AND 97-301).
CITY MANAGER REPORT
CITY COUNCIL REPORTS
ADJOURNMENT
.. mE COUNCIL MA Y ADD AND TAKE ACTION ON omER ITEMS NOT liSTED ON mE AGENDA ..
MEETING DATE: December 1, 1998
ITEM# JIL (,~J
"".....................
........................,....
................................
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
§ Y. ~~~ C I:....q ry ç~ ~,.Il.~,il.. M.,~,~,!~.Il. g )~!~.Il. ~ !~,~.. .......................
CATEGORY: BUDGET IMPACT:
",................""
_X_CONSENT
_ORDINANCE
_BUSINESS
_HEARING
_FYI
_RESOLUTION
_STAFF REPORT
_PROCLAMATION
_STUDY SESSION
_OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
ATTACHMENTS: Minutes for November 17,1998 regular meeting
............,.........,.... ......,....""..............",....'
.,.....................""
SUMMARYIBACKGROUND: omeial City CouneU meeting minutes for permanent records pursuant to RCW
requirement.
..................................... ............,...,.........."",..,.."......................,..................................................................
CITY COUNOL COMMITTEE RECOMMENDATION: nla
CITY MANAGER RECOMMENDATION: City Council approval
Î,~I .,
...i{V--~vtfji~;<-t.j...
APPROVED FOR INCLUSION IN COUNCIL PACKET: (l~
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
_APPROVED
_D"NIED
_TABLED/DEFERRED/NO ACTION
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
¡"COVERCC.5I14.96
DRAFT
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
November 17,1998 - 7:00 p.m.
Minutes
*****
I.
CALL MEETING TO ORDER
The Regular Meeting of the Federal Way City Council was called to order in the Council
Chambers, City Hall, Federal Way, Washington by Mayor Gintz at 7:10 PM.
Councilmembers present: Mayor Ron Gintz, Deputy Mayor Michael Park, Councilmembers
Jeanne Burbidge, Jack Dovey, Mary Gates, Linda Kochmar and Phil Watkins.
Staff present: City Manager Kenneth Nyberg, Deputy City Manager Philip Keightley, City
Attorney Londi Lindell, Deputy City Attorney Bob Sterbank, Community Development Director
Greg Moore, Senior Planner Lori Michaelson, and City Clerk Chris Green, and Deputy City
Clerk Laura Ulanowski.
II.
PLEDGE OF ALLEGIANCE
Bov Scout Trooo #361
Boy Scout Troop #361 led the Pledge of Allegiance.
III.
PRESENTATION
a.
SPIRIT Award/Month of November
City Manager Kenneth Nyberg presented the November Spirit Award certificate to Pam Hall of
the Public Safety Division.
b.
Aooreciation Plaaue/Weverhaeuser "Dav of Carin!!"
Public Safety Director Ron Wood presented a plaque of appreciation to representatives of the
Weyerhaeuser Corporation for their contribution to the Westway area - Day of Caring.
c.
Economic Development Update
Economic Development Director Debra Coates updated Council on the progress of the downtown
revitalization program. Highlighted areas include three pole signs removed along Highway 99;
successful meeting of the first Retail Forum with eighteen retailers participating, and a possible
land donation for a pocket park in the International District.
City Council Regular Meeting
November 17 - Page 2
IV.
CITIZEN COMMENT
Jeff Hawkins- spoke in support of staff recommendations on the Comprehensive Plan and the
proposed street between 21" and 242".
John Laue, Architect for Courtyard Village - spoke in support of staff recommendations of the
Comprehensive Plan.
LarrY Drauer, Courtyard Village Development Team - asked Council to follow staff
recommendations for Comprehensive Plan amendments for senior housing.
Donald Barovic - asked Council to override the decision of the Planning Commission regarding
zoning issues and his property.
Mike Nonnan, Sound Transit - requested a delay on the Comprehensive Plan amendments that
affect the transit and transportation issues. Sound Transit is opposed to certain language proposed
in these sections.
Nancv Gordon, King County Dept of Transportation - opposed to the Comprehensive Plan
amendments regarding the Federal Way Park & Ride.
Dale Mvers - spoke in support of the Comprehensive Plan amendments.
H. David Kaplin - thanked Council for approving the Parks budget.
Mayor Gintz read a letter into the record from John Evans thanking Council for approving the
block grant request for the Federal Way Boys & Girls Club and asked Council to approve their
request for human services funding.
Sarah Twamlev - spoke in opposition to the proposed gambling tax ordinance.
Aleni Manit - spoke in opposition to the proposed gambling tax ordinance.
Delores Whitmore - spoke in opposition to the proposed gambling tax ordinance.
Frank Miller - spoke in opposition to the proposed gambling tax ordinance. Stated he supports
taxation and restrictions on gambling businesses but taxation should be fair.
Steve Griffith, owner of PJ Pockets - spoke in opposition to the proposed gambling tax ordinance
and stated the proposed tax would not allow establishments to make a profit.
Terry Brigham - spoke in opposition to the proposed gambling tax ordinance.
City Council Regular Meeting
November 17 - Page 3
Angela Alderson - spoke in opposition to the proposed gambling tax ordinance.
Juanita Martindale - spoke in opposition to the proposed gambling tax ordinance.
Shanda Covington - spoke in opposition to the proposed gambling tax ordinance.
Rocco Pangallo, Chief Financial Officer, PJ Pockets - spoke in opposition to the proposed
gambling tax ordinance, stated it would cut into the establishment's profit margin and gave
Council a handout regarding their opposition to the tax.
DoUl!:las Boon - spoke in opposition to the proposed gambling tax ordinance.
Jim Routos - stated he has plans to open a new gambling establishment would be jeopardized if
the tax is approved. Asked Council what the motivation behind raising the tax was.
Councilmember Phil Watkins addressed Mr. Routos' question stating increased law enforcement
around these types of businesses is necessary for public safety and Council tried to identify types
of business that increase costs to the city in tenns of law enforcement, back-round checks, and
investigation and public safety. Mayor Gintz stated Council would look more closely at this issue
before final adoption, and there would be another public discussion on this issue on December 1,
1998.
Dale Mvers - spoke in opposition to the proposed gambling tax ordinance and stated Jim Routos
would be an asset to the community.
COUNCILMEMBER GATES MOVED TO ADD AN ITEM TO THE AGENDA UNDER
COUNCIL BUSINESS: BOB STERBANK TESTIMONY ON LAKEHA VEN UTILITY
DISTRICT. COUNCILMEMBER DOVEY SECOND. Motion Passed 5-1 with one abstention
as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
abstained
no
Dovey
Gintz
Park
yes
yes
yes
v.
CONSENT AGENDA
a.
b.
c.
Minutes/November 3. 1998 Regular Meeting
CountYwide Planning Policies Amendment
Citv/Lakehayen Agreement for Real Prooertv Division
Resolution/Blackberry Hill Final Plat Aooroyal - Aooroved Resolution H 98-
278
Knutzen Familv Theatre/Final Acceptance
Parking: Lot Exoansion at Dumas Bav Centre/Final Acceptance
d.
e.
f.
City Council Regular Meeting
November 17 - Page 4
COUNCILMEMBER DOVEY MOVED APPROVAL OF THE CONSENT AGENDA.
COUNCILMEMBER WATKINS SECOND.
Councilmember Kachmar pulled Item c.
Motion to approve Consent Items (a), (b), (d), (e), and (0 carried as follows:
Burbidge
Gates
Kachmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
Councilmember Kachmar recused herself from voting on Item (c).
Approval of item (c) City/Lakehaven Agreement for Real Property Division passed 6-0 with
one abstention as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
abstained
yes
Dovey
Gintz
Park
yes
yes
yes
VI.
PUBLIC HEARING
Mayor Gintz opened the public hearing at 8:47 PM.
Weyerhaeuser Annexation/60% Petition Acceptance & DeveloDment
A!!reements for North & South Residential Areas
Staff Report
Community Development Director Greg Moore explained there are two separate annexation
requests before the Council and these are not development requests. Mr. Moore summarized the
annexation requests and stated they are both within the City's potential annexation area. Senior
Planner Lori Michaelson gave a brief background summary on both residential areas and corrected
the acreage for both: North 25.27 acres, South 19.88 acres.
City Council Regular Meeting
November 17 - Page 5
Citizen Comment
Peter Orser, Applicant for Quadrant Corporation - addressed the annexations and Quadrant's
commitment to community issues. Mr. Orser stated that both residential areas would include
single-family projects only.
Mayor Gintz stated Council received a letter from AJ King opposing the south annexation area.
Mayor Gintz read a letter into the record from John S. Snyp'p opposing the annexations.
Mike Jumo - spoke in opposition to the north annexation area sighting traffic, school and
environmental impacts.
Lawrence Wilson- spoke in opposition to the annexations and the development of the annexations.
Vernon Benson - spoke in opposition to the proposed annexations and stated he intended to file
an appeal if necessary .
Mayor Gintz closed the public hearing at 9:50 PM.
City Council Deliberation
a.
ResolutionlWeverhaeuser Annexation Petition Acceptance/North (Approved
Resolution # 98-279)
ResolutionlWeverhaeuser Annexation Petition Acceotance/South (Approved
Resolution # 98-280)
b.
COUNCIL MEMBER WATKINS MOVED APPROVAL OF
RESOLUTIONSIWEYERHAEUSER ANNEXATION PETITION ACCEPT ANÇE NORTH
& SOUTH. COUNCILMEMBER PARKS SECOND. The motion carried as follows:
Burbidge
Gates
Kachmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
City Council Regular Meeting
November 17 - Page 6
VII.
INTRODUCTION ORDINANCES
COUNCILMEMBER GATES MOVED TO EXTEND THE MEETING PASSED 10:00 PM.
COUNCILMEMBER WATKINS SECOND. The motion carried as follows:
Burbidge
Gates
Koclunar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
a.
Council Bill #200/Shoreline Management Program & Re!!ulations
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).
MOTION BY COUNCILMEMBER WATKINS TO MOVE ORDINANCE TO SECOND
READING/ENACTMENT ORDINANCE ON DECEMBER 1, 1998. COUNCILMEMBER
PARK SECOND.
COUNCILMEMBER BURBIDGE MOVED TO AMEND PAGE 5, SECTION 18-165.02
(5) OF THE PROPOSED AMENDMENTS TO THE FEDERAL WAY CITY CODE, TO
ADD THE WORDS "AND/OR WETLANDS". THE AMENDED LANGUAGE WOULD
READ AS FOLLOWS: "5. SHORELINES OF THE CITY TO BE DESIGNATED URBAN
ENVIRONMENT SHALL NOT HAVE BIOPHYSICAL LIMITATIONS TO
DEVELOPMENT SUCH AS FLOOD PLAINS, STEEP SLOPES, :AND SLIDE HAZARD
AREAS, AND/OR WETLANDS. " The motion carried as follows:
Burbidge
Gates
Koclunar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
City Council Regular Meeting
November 17 - Page 7
Motion to move to a second reading/enactment ordinance on December 1, 1998 carried as
follows:
Burbidge
Gates
Kochmar
Watkins
b.
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
Council Bill #202/1998 Final Biennium Budget Adjustment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE,
REVISING THE 1997-98 BIENNIAL BUDGET (AMENDS ORDINANCE 96-
278, ORDINANCE 97-289, ORDINANCE 97-294 AND ORDINANCE 98-314).
MOTION BY COUNCILMEMBER GATES TO MOVE ORDINANCE TO A SECOND
READINGIENACTMENT ORDINANCE ON DECEMBER 1, 1998. COUNCILMEMBER
KOCHMAR SECOND. The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
c.
Council Bill #203/ProDOsed 1999-2000 Biennial Bude:et
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, RELATING TO BUDGETS AND FINANCE,
ADOPTING THE 1999-2000 BIENNIAL BUDGET.
MOTION BY COUNCILMEMBER GATES TO MOVE ORDINANCE TO A SECOND
READINGIENACTMENT ORDINANCE ON DECEMBER 1, 1998. COUNCILMEMBER
KOCHMAR SECOND. The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
City Council Regular Meeting
November 17 - Page 8
d.
Council Bill #204/ProDosed 1999 Propertv Tax Rate
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE
YEAR 1999.
MOTION BY COUNCILMEMBER GATES TO MOVE ORDINANCE TO A SECOND
READING/ENACTMENT ORDINANCE ON DECEMBER 1,1998. DEPUTY MAYOR
PARK SECOND. The motion carried as follows:
Burbidge
Gates
Kachmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
COUNCILMEMBER WATKINS MOVED TO AMEND THE ORDINANCE TO DELETE
THE JRD "WHEREAS" ON THE ORDINANCE. COUNCILMEMBER KOCHMAR
SECOND. The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
e.
Council Bill #205/1998 ComDfehensive Plan Amendments
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, ADOPTING AMENDMENTS TO THE CITY'S
GROWTH MANAGEMENT ACT COMPREHENSIVE PLAN, ADOPTING
AMENDMENTS TO DEVELOPMENT REGULATIONS CONTAINED IN
CHAPTERS 20 AND 22 OF THE FEDERAL WAY CITY CODE, AND
ADOPTING AMENDMENTS TO THE CITY'S ZONING MAP.
MOTION BY COUNCILMEMBER WATKINS TO MOVE ORDINANCE TO A SECOND
READING/ENACTMENT ORDINANCE ON DECEMBER I, 1998. COUNCILMEMBER
GATES SECOND.
COUNCILMEMBER KaCHMAR MOVED TO AMEND THE ORDINANCE TO
ELIMINATE 242ND STREET FROM THE COMPREHENSIVE PLAN AMENDMENTS.
COUNCILMEMBER DOVEY SECOND. Discussion.
Councilmember Kochmar withdrew her amendment.
City Council Regular Meeting
November 17 - Page 9
The motion to move ordinance to a second reading/enactment ordinance on December I, 1998
carried as follows:
Burbidge
Gates
Kochmar
Watkins
f.
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
Council Bill #206/Weverhaeuser Annexation DeveloDment A!!reementlNorth
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH THE
WEYERHAEUSER COMPANY AND THE FEDERAL WAY FIRE DISTRICT
NO. 39.
MOTION BY COUNCILMEMBER DOVEY TO MOVE ORDINANCE TO A SECOND
READINGIENACTMENT ORDINANCE ON DECEMBER 1, 1998. COUNCILMEMBER
GATES SECOND. The motion passed 5-2 as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
no
no
Dovey
Gintz
Park
yes
yes
yes
g.
Council Bill #207/Weverhaeuser Annexation DeveloDment A!!reementlSouth
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH THE
WEYERHAEUSER COMPANY.
MOTION BY COUNCILMEMBER WATKINS TO MOVE ORDINANCE TO A SECOND
READINGIENACTMENT ORDINANCE ON DECEMBER 1, 1998. COUNCILMEMBER
DOVEY SECOND. The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
City Council Regular Meeting
November 17 - Page 10
h.
Council Bill #208/Weverhaeuser Annexation AdoDtion/North
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, ANNEXING APPROXIMATELY 18.94 ACRES
LOCATED BETWEEN SOUTH 320TH STREET, INTERSTATE 5, MIUTARY
ROAD, AND SOUTH 316TH STREET.
MOTION BY COUNCILMEMBER GATES TO MOVE ORDINANCE TO A SECOND
READING/ENACTMENT ORDINANCE ON DECEMBER 1, 1998. DEPUTY MAYOR
PARK SECOND. The motion passed 5-2 as follows:
Burbidge
Gates
Kochmar
Watkins
i.
yes
yes
no
no
Dovey
Gintz
Park
yes
yes
yes
Council Bill #209/Weyerhaeuser Annexation AdoDtion/South
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, ANNEXING APPROXIMATELY 18.42 ACRES
GENERALLY LYING SOUTHEAST OF NORTH LAKE, NORTH OF SR-18,
AND BETWEEN SOUTH 344TH STREET AND SOUTH 336TH STREET AT
THE SOUTHERN TERMINUS OF 38TH A VENUE SOUTH.
MOTION BY COUNCILMEMBER WATKINS TO MOVE ORDINANCE TO A SECOND
READING/ENACTMENT ORDINANCE ON DECEMBER 1,1998. DEPUTY MAYOR
PARK SECOND. The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
j.
Council Bill #210/Gambling Tax Code Amendment
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE CHAPTER
14, SECTION 14-144 REGARDING THE TAX RATE ON SOCIAL CARD
GAMES (AMENDS ORDINANCES 90-15, 90-44, 96-279 AND 97-301).
City Council Regular Meeting
November 17 - Page II
MOTION BY COUNCILMEMBER WATKINS TO MOVE ORDINANCE TO A SECOND
READINGIENACTMENT ORDINANCE ON DECEMBER 1,1998. DEPUTY MAYOR
PARK SECOND.
MOTION BY COUNCILMEMBER DOVE STATING COUNCIL WILL FURTHER
REVIEW THE GAMBLING TAX CODE AMENDMENT BEFORE THE DECEMBER 1,
1998 COUNCIL MEETING. MAYOR GINTZ SECOND. The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
The motion to move ordinance to a second reading/enactment carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
k.
Council Bill #2Il/Establishing Lodl!inl! Tax Advisorv Committee
(Approved Ordinance # 98-322)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, ESTABLISHING A LODGING TAX ADVISORY
COMMITTEE.
MOTION BY COUNCILMEMBER WATKINS TO SUSPEND THE RULES TO MOVE
INTRODUCTION ORDINANCE TO ENACTMENT ORDINANCE. COUNCILMEMBER
GATES SECOND. The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
City Council Regular Meeting
November 17 - Page 12
COUNCILMEMBER DOVEY MOVED FOR APPROVAL ESTABLISHING THE
LODGING TAX ADVISORY COMMITTEE. COUNCILMEMBER GATES SECOND. The
motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
yes
yes
yes
COUNCILMEMBER GATES MOVED TO APPOINT SCOTT BROWN, LAURA WOLFE,
BONNIE MOORE, BERNIE PRICE AND COUNCILMEMBER MARY GATES AS CHAIR
OF THE LODGING TAX ADVISORY COMMITTEE. COUNCILMEMBER KOCHMAR
SECOND. The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
Council recessed at 10:35 PM.
Council reconvened at 10:45 PM.
VIII.
CITY COUNCIL BUSINESS
a.
CitY Manal!:er Search Process
yes
yes
yes
Councilmember Kochmar introduced this item and stated that she would like the Council to take
a more active role in selecting the new City Manager. Council had asked City Manager Ken
Nyberg to provide a more detailed outline of the selection process at the November 3, 1998 City
Council meeting.
Councilmember Kochmar asked why two separate consultants were needed in the selection process
and stated she would like to have more community input in the process. Mr. Nyberg explained
that having separate consultants enhances objectivity.
COUNCILMEMBER WATKINS MOVED TO CHANGE THE PROPOSED OUTLINE TO
HAVE ONE CONSULTANT THROUGHOUT THE ENTIRE SELECTION PROCESS.
COUNCILMEMBER KOCHMAR SECOND. The motion failed 5-2 as follows:
Burbidge
Gates
Kochmar
Watkins
no
no
Dovey
Gintz
Park
yes
yes
no
no
no
City Council Regular Meeting
November 17 - Page 13
COUNCILMEMBER DOVEY MOVED TO APPROVE STEP 1 OF THE PROGRAM PUT
IN PLACE BY THE CITY MANAGER REGARDING THE SEARCH FOR THE NEW
CITY MANAGER AND NAME MICHAEL PENDLETON AS THE CONSULTANT.
MAYOR GINTZ SECOND. The motion passed 5-2 as follows:
Burbidge
Gates
Kochmar
Watkins
b.
yes
yes
no
no
Dovey
Gintz
Park
Prooosed Business License Fee Amendment
yes
yes
yes
COUNCILMEMBER DOVEY MOVED TO APPROVE THE PROPOSED BUSINESS
LICENSE FEE AMENDMENT. COUNCILMEMBER GATES SECOND. The motion
carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
c.
Kin!! CountY Bud!!et Comments
yes
yes
yes
COUNCILMEMBER WATKINS MOVED TO APPROVE AND SEND THE DRAFI'
LETTER TO KING COUNTY EXECUTIVE RON SIMS REGARDING THE KING
COUNTY BUDGET. COUNCILMEMBER GATES SECOND. The motion carried as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
yes
Dovey
Gintz
Park
d.
Lakehaven Pioeline Uodate- (Added Item)
yes
yes
yes
Deputy City Attorney Bob Sterbank updated Council on the recent discussion regarding
negotiations with Lakehaven Utility District.
City Council Regular Meeting
November 17 - Page 14
IX.
CITY MANAGER REPORT
City Manager Kenneth Nyberg pointed out the cameras mounted on the walls in various locations
of the Council Chamber in preparation for televised meetings. Mr. Nyberg stated Council would
hold an executive session on Collective Bargaining pursuant to RCW 42.30.140 (4)(a) to expected
last approximately 15 minutes; action expected.
X.
CITY COUNCIL REPORTS
Councilmember Dovey stated the next meeting of the Parks/Recreation/Human Services/Public
Safety Committee is scheduled for November 23, 1998.
Councilmember Watkins stated the next meeting of the Land Use/Transportation Committee is
scheduled for November 23, 1998.
Councilmember Burbidge stated she attended a meeting on Skate Park earlier in the day along with
Councilmember Gates and Public Works Director Cary Roe.
Councilmember Gates announced the next meeting of the Finance/Economic Development
Committee is scheduled for December 8, 1998.
Councilmember Koclunar stated she and Councilmembers Gates and Burbidge attended the RT A
Open House.
Deputy Mayor Park announced he would attend a Private Industry Meeting on November 18, and
the next Korean Liaison Meeting is scheduled for December 10, 1998.
Council adjourned to Executive Session at 11: 12 PM.
XI.
EXECUTIVE SESSION
Collective Bargaining/Pursuant to RCW 42.30.l40(4)(a)
At II :30 PM Deputy City Manager Philip Keightley announced another 15 minutes were
necessary.
At 11 :40 PM Deputy City Manager Philip Keightley announced another 15 minutes were
necessary .
At II :50 PM Deputy City Manager Philip Keightley announced another 10 minutes were
necessary.
At 12:00 AM Deputy City Manager Philip Keightley announced another 5 minutes were
necessary.
City Council Regular Meeting
November 17 - Page 15
At 12:05 AM Deputy City Manager Philip Keightley announced another 5 minutes were
necessary.
Council reconvened to regular session at 12:20 AM.
COUNCILMEMBER DOVEY MOVED TO DIRECT THE CITY MANAGER TO ENTER
INTO A COLLECTIVE BARGAINING AGREEMENT WITH THE FEDERAL WAY
POLICE GUILD OF THE FEDERAL WAY PUBLIC SAFETY DEPARTMENT
CONTAINING THE AMENDMENTS REQUESTED BY THE CITY COUNCIL. THE TERM
OF TillS AGREEMENT WILL BE THREE (3) YEARS, RETROACTIVE TO JANUARY
1, 1998 AND TERMINATING ON DECEMBER 31, 2000 AND WILL PROVIDE FOR
OTHER PROVISIONS DEALING WITH THE LABOR RELATIONS BETWEEN THE
CITY OF THE BARGAINING UNIT. COUNCILMEMBER GATES SECOND. The motion
passed 5-2 as follows:
Burbidge
Gates
Kochmar
Watkins
yes
yes
yes
no
Dovey
Gintz
Park
yes
yes
no
XII.
ADJOURNMENT
There being no further business before the Council, Mayor Gintz adjourned the regular meeting of
the Federal Way City Council at 12:21 AM.
Laura UIanowski, Deputy City Clerk
CITY OF FEDERAL WAY
MEMORANDUM
Date: December 1,1998
To: Federal Way City Council 'tJ
From: Iwen Wang, Management Services Director J
Subject: Upæzted Fee Resolution and Schedule
Attached is the updated resolution and fee schedule incorporates all changes discussed and
approved at the Council Land Use and Transportation Committee and subsequently during
Council budget deliberations. The draft resolution and fee schedule included in the packet
did not reflect some of the approved changes such as the charge for pre-application
meeting and the changes in Public Works development fees.
The updated resolution also provides for automatic annual adjustments to building, land
use, and public works development fees by inflation.
k:\Finance\'\CORRECTN.DOC
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, REPEALING
RESOLUTIONS 97-239, 97-246, 98-271, 98-274, AND
ESTABLISHING A FEE SCHEDULE FOR THE CITY.
WHEREAS, the City is authorized under, RCW 35A.11.020, 35A.63.1O0(2), and
RCW 19.27.040 to require licenses for the conduct of business and permits for construction of
structures and improvements, and to impose fees to recoup the costs of processing applications for
such licenses and permits; and
WHEREAS, these fees are set by the City Council, by resolution, in an adopted Fee
Schedule;
WHEREAS, many of the fee amounts in the City's existing Fee Schedule were set
following incorporation in 1990, based upon a 1985 State Building Code standard; and
WHEREAS, these fee amounts do not accurately reflect the costs incurred by the
City in 1998 to process applications for permits, including building, electrical, mechanical and land
use permits; and
WHEREAS, portions of the Fee Schedule has been amended several times in 1997
and 1998; creating the need for a single, uniform and comprehensive Fee Schedule,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
DOES HEREBY RESOLVE AS FOLLOWS:
Section I. Repealer. The City of Federal Way Resolutions 97-239, 97-246, 98-271,
and 98-274, relating to fees, are hereby repealed.
Section 2. Fee Schedule. The City of Federal Way adopts the Fee Schedule as
attached hereto, identified as Exhibit A and hereby incorporated in full by this reference, for the
various licenses, activities and permits processes of the City.
Res. No. 98-_, Page 1
~L
Section 3 Increase in Certain Fees to Correspond to Consumer Price Index. The
Land Use, Mechanical Code, Plumbing Permit, Public Works, Electrical Code and Uniform
Building Code fee amounts contained in the Fee Schedule shall be increased annually, according
to the percentage of annual inflation shown in the mid-year Consumer Price Index for the Seattle-
Everett-8remerton area. The City Clerk shall issue an amended Fee Schedule reflecting the revised
fee amounts each December, beginning in December, 1999, without the need for further Council
action.
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 Effective Date. This resolution shall be effective immediately upon
passage by the Federal Way City Council. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affirmed.
Section 6 Savinl1s Clause. Resolution Nos. 97-239, 97-246, 98-271, and 98-274,
which are repealed by this ordinance, shall remain in full force and effect until the effective date of
this ordinance and shall remain in full force and effect in the event this ordinance is invalidated in
its entirety.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this - day of
,1998.
CITY OF FEDERAL WAY
MAYOR, RON GINTZ
Res. No. 98-_, Page 2
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM
CITY ATTORNEY, LONDI K LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
K:\resolfeesched.98
Res. No. 98-_, Page 3
CITY OF FEDERAL WAY
MEMORANDUM
Date:
To:
December I, 1998
Federal Way City Council
Iwen Wang, Management Services Director .:rtJ
Updated Fee Resolution and Schedule
From:
Subject:
Attached is the updated resolution and fee schedule incorporates all changes discussed and
approved at the Council Land Use and Transportation Committee and subsequently during
Council budget deliberations. The draft resolution and fee schedule included in the packet
did not reflect some of the approved changes such as the charge for pre-application
meeting and the changes in Public Works development fees.
The updated resolution also provides for automatic annual adjustments to building, land
use, and public works development fees by inflation.
k:\Finance"'CORRECTN.DOC
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, REPEALING
RESOLUTIONS 97-239, 97-246, 98-271, 98-274, AND
ESTABLISHING A FEE SCHEDULE FOR THE CITY.
WHEREAS, the City is authorized under, RCW 35A 11.020, 35A.63.100(2), and
RCW 19.27.040 to require licenses for the conduct of business and permits for construction of
s1ructures and improvements, and to impose fees to recoup the costs of processing applications for
such licenses and permits; and
WHEREAS, these fees are set by the City Council, by resolution, in an adopted Fee
Schedule;
WHEREAS, many of the fee amounts in the City's existing Fee Schedule were set
following incorporation in 1990, based upon a 1985 State Building Code standard; and
WHEREAS, these fee amounts do not accurately reflect the costs incurred by the
City in 1998 to process applications for permits, including building, electrical, mechanical and land
use permits; and
WHEREAS, portions of the Fee Schedule has been amended several times in 1997
and 1998; creating the need for a single, uniform and comprehensive Fee Schedule,
NOW, TIlEREFORE, TIlE CITY COUNCIL OF TIlE CITY OF FEDERAL WAY
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Repealer. The City of Federal Way Resolutions 97-239,97-246,98-271,
and 98-274, relating to fees, are hereby repealed.
Section 2. Fee Schedule. The City of Federal Way adopts the Fee Schedule as
attached hereto, identified as Exhibit A and hereby incorporated in full by this reference, for the
various licenses, activities and permits processes of the City.
Res. No. 98-_, Page I
~L
Section 3 Increase in Certain Fees to Correspond to Consumer Price Index. The
Land Use, Mechanical Code, Plumbing Permit, Public Works, Electrical Code and Uniform
Building Code fee amounts contained in the Fee Schedule shall be increased annually, according
to the percentage of annual inflation shown in the mid-year Consumer Price Index for the Seattle-
Everett-Bremerton area. The City Clerk shall issue an amended Fee Schedule reflecting the revised
fee amounts each December, beginning in December, 1999, without the need for further Council
action.
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 Effective Date. This resolution shall be effective immediately upon
passage by the Federal Way City Council. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affinned.
Section 6 Savings Clause. Resolution Nos. 97-239, 97-246, 98-271, and 98-274,
which are repealed by this ordinance, shall remain in full force and effect until the effective date of
this ordinance and shall remain in full force and effect in the event this ordinance is invalidated in
its entirety.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this - day of
,1998.
CITY OF FEDERAL WAY
MAYOR, RON GINTZ
Res. No. 98-_, Page 2
ATTEST:
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.
K:\resolfeesched.98
Res. No. 98-_, Page 3
CITY OF FEDERAL WAY
FEE SCHEDULE
Type of Fee
Amount
SECTION ONE. ANIMAL LICENSES.
Refer to King County Fee Schedule
SECTION TWO. ADULT ENTERTAINMENT.
Operator License (in addition to business license)
Manager or Entertainer License
per year
per year
$500.00
$50.00
A late penalty shall be charged on all applications for renewal of a license received later than seven (7) days
after the expiration date (being January 31 of each respective year) of such license. The amount of such
penalty is fixed as follows:
Days Past Due
Additional Percentage of License Fees
8 - 30
31 -60
61 and over
25%
50%
100.00%
SECTION THREE. BUSINESS REGISTRATION.
General Business License:
New Business. all categories unless otherwise identified herein
Business Renewal
Duplicate Registration (replacement)
$50.00
$25.00
$15.00
Business Establishments Authorized by the State Gambling Commission to Operate Social Card Games
and/or Expanded Card Room Activities:
New Business, Expansion, or Change of Ownership
Renewal
$500.00
$100.00
Restaurants and Taverns Authorized to sell Spiri~ Beer, and Wine or Beer and Wine only, by the drink for
on-premises consumption:
Restaurants as defined under RCW 66.24.410(2) and licensed under RCW 66.24.400 (Spirits, Beer, and Wine
Restaurant License) and with less than 50% in dedicated dining area;
Taverns pursuant to RCW 66.24.330 (Tavern License)
New Business, Expansion, or Change of Ownership
Renewal
$500.00
$25.00
Adult Entertainment Establishments:
New Business, Expansion, or Change of Ownership
Renewal
$500.00
$100.00
Failure to pay any registration fee due within thirty (30) days after the day on which it is due and payable shall
result in a penalty of five (5%) percent on the amount of the registration fee, and an additional penalty of
five (5%) percent for each succeeding month of delinquency or part thereof, but shall not exceed a total
penalty of twenty (20%) percent of the amount of such registration fee in any event.
Page 1
Tvpe of Fee
SECTION FOUR. FALSE ALARMS.
CITY OF FEDERAL WAY
FEE SCHEDULE
Amount
Each
Fourth and fifth false alarms in a registration year
(July 1 through June 30 each year)
Sixth false alarm and successive false alarms in a
registration year (July 1 through June 30 each year)
Registration Fee
Late Registration Fee Penalty
late False Alarm Payment Penalty
Appeal Hearing Cancellation Fee
SECTION FIVE. FIRE CODE-ANNUAL PERMITS.
Carnivals or Fairs
1-10 Booths/Displays
11-20 Booths/Displays
20 + Booths/Displays
Compressed gases
Cryogens
Fire Hydrants and Water Control
Valves
Flammable or Combustible Liquids:
Install, Remove, Abandon - Residential
tank
Hazardous materials
Mall covered - Yearly $1,000.00
Open Buming
Parade floats
Places of assembly:
Occupant Load 50 - 299 persons
Occupant load 300 - 999 persons
Occupant Load 1,000 or more persons
Places of Assembly
50-299 & Candles/Open Flame
300 - 999 & Candles/Open Flame
1000+ & Candles/Open Flame
Repair Garage & Flammable/Combustible
Liquids
Repair Garage & Hot Work
Repair Garage & Flammable/Combustible
Liquids & LPG
Repair Garage & Flammable/Combustible
Liquids & Hot Work
Repair Garage & Spraying/Dipping &
Hot Work
Repair Garage & Flammable/Combustible
Liquids & LPG & Hot Work
Repair Garage & Flammable/Combustible
Liquids & Spraying/Dipping & Hot Work
All Other Permits (See Uniform Fire Code
Section 105.8)
$50.00
$100.00
$15.00
$50.00
$25.00
$10.00
INITIAL
RENEWAL
$100.00
$150.00
$200.00
$100.00
$200.00
$50.00
$132.00
No Charge
No Charge
$35.00
$200.00
Annual Fee
No Charge
$100.00
$132.00
Annual Fee
No Charge
$120.00
$150.00
$180.00
$80.00
$100.00
$120.00
$210.00
$240.00
$270.00
$210.00
$210.00
$140.00
$160.00
$180.00
$140.00
$140.00
$300.00
$200.00
$300.00
$300.00
$200.00
$200.00
$390.00
$260.00
$390.00
$120.00
$260.00
$80.00
Page 2
CITY OF FEDERAL WAY
FEE SCHEDULE
Type of Fee
Amount
Fire Department Annual Permit Fee entitles applicant to an initial inspection and one follow-up inspection.
Additional inspections required to secure compliance will be charged at a rate of $47.00/hour with a 1/2 hour
minimum.
Fire Department Review and Inspection
of Building Permits
.15 x Building Permit Fee-
Minimum Fee of $47.00
Fire Prevention System Permits
Permit Fee-
Plan Review Fee -
Per UBC Table 1-A (Based on Valuation)
65% of FPS Permit Fee
Note: City Retains $20.00 of Total Fee for Processing
SECTION SIX. FIREWORKS.
Public Display Permit (together with $100.00 cash bond)
$100.00
SECTION SEVEN. LAND USE.
A IN ADDITION TO THE SCHEDULE, A FIRE DISTRICT ADMINISTRATIVE FEE IN AN AMOUNT
EQUAL TO FIVE PERCENT (5%) OF THE LAND USE FEE IMPOSED SHALL BE CHARGED
AND COLLECTED BY THE CITY AND PAID TO THE FIRE DISTRICT. THE FIRE FEE IS NOTED
IN BOLD BENEATH EACH FEE.
UP1 (Director's Approval)
Interpretations - no fee
Other minor site review at hourly rate
per hour
Plus
$40.00
$1,309.00
$63.00
UP2 (Site Plan Review)
over 25,000 sq. It.
over 50,000 sq. It.
over 100,000 sq. It..
$226.00
$394.00
$564.00
Land Suoface Modification
PER ACRE
$11.00
$1,343.00
Preliminary Plat
$55.00
Plus
$4,740.00
$237.00
Final Plat
$1,908.00
Boundary Line Adjustment
Plus
$892.00
$44.00
Boundary Line Elimination
(Lot Line Elimination - LLE)
$113.00
Page 3
Type of Fee
Binding Site Plan
Short Subdivision
Shoreline Permit
over $ 15,000 value
over $ 50,000 value
over $ 100,000 value
over $ 500,000 value
over $1 ,000,000 value
Shoreline Conditional Use Permit (CUP)
Shoreline (Exempt Determination)
Shoreline Variance
Process I - Applications
for radio tower and antenna
structures for use by
amateur radio operators,
required by Federal Way City
Code Section 22-1047(3)
UP3 (Project Approval)
over 25,000 sq. ft.
over 50,000 sq. ft.
over 100,000 sq. ft.
PW UPR3Review
UP4 (Hearing Examiner Approval)
PW UPR4 Review
Residential Variances
SEPA Environmental
Checklist Only
SEPA Checklist as Part
of Project
SEPA Appeals
Appeal of Administrative Decision'
CITY OF FEDERAL WAY
FEE SCHEDULE
Amount
Plus
$1,333.00
$71.00
Plus
$1,333.00
$71.00
Plus
Plus
Plus
Plus
Plus
$1,603.00
$451.00
$1,354.00
$2,483.00
$4,966.00
$7,449.00
$3,838.00
$56.00
$2,540.00
$113.00
$5.00
Plus
$937.00
$71.00
$226.00
$395.00
$564.00
$597.00
Plus
$1,510.00
$126.00
Plus
$815.00
$564.00
$28.00
Plus
$1,016.00
$51.00
Plus
$508.00
$25.00
$79.00
$113.00
Page 4
CITY OF FEDERAL WAY
FEE SCHEDULE
Type of Fee
Amount
Appeal of Hearing Examiner Decision'
$113.00
Comprehensive Plan Amendments
Per acre-plus:
$564.00
$56.00
UP5 (Quasi-Judicial Rezones)
- to RS Zone
per acre
Max
$508.00
$282.00
$12,450.00
- to RM Zone
per acre
Max
$737.00
$903.00
$19,639.00
- to Commercial/Industrial Zone
per acre
Max
$1,016.00
$1,354.00
$20,881.00
$300.00
Pre-Application Meeting
Signs
Per Sign
$28.00
Each Additional Sign/Same Application
$11.00
Applicants seeking sign permits as palt of the Downtown Revitalization Program - Sign Incentive Program
shaff be exempt from the requirement to pay the sign permit fees set folth herein.
Temporary Signs
$28.00
In-Home Day Care Facilities-
12 or fewer attendees (Process I)
$28.00
Home Occupation (Review Required)
- Standard Permit
- Planning Commission
$28.00
$56.00
Accessory Dwelling Units
$113.00
. Appeal Fee shall be reimbursed in the event the reviewing authority determines
that the appellant has substantially prevailed in the appeal action.
Note: Additional fees will be required to pay for any time spent on Land Use Applications by the Department of
Public Works above the number of hours covered by the base amount allocated to Public Works for each
application.
B. REFUNDS OF LAND USE FEES.
The Filing Fees as set forth in the Fee Schedule for the City are established to defray the cost of posting and
processing and the proceedings in connection with a land use application. The Building and Zoning Director
may authorize the refunding of not more than eighty percent (80%) of the total application fees paid provided
the applicant presents a written request to withdraw or cancel prior to routing of the application for staff review.
Page 5
CITY OF FEDERAL WAY
FEE SCHEDULE
Type of Fee
SECTION EIGHT. MECHANICAL CODE.
Other Inspection Fees
1. Inspections outside of normal business hours, per hour
2. Reinspection fees assessed under provisions of See 116
3. Inspections for which no fee is specifically indicated, per hour
(Minimum charge - one-half hour)
4. Additional plan review required by changes, additions or revisions to plans or to
plans for which an initial review has been completed, per hour (minimum charge: one -half hour)
SECTION NINE, MISCELLANEOUS.
Maps, Plats, Miscellaneous
Photocopies
Per Page
Rolled Plan Copies
Per Sheet
Recording Tape Duplication
Per Cassette
Clerk's Certification
Notary Public Attestation or Acknowledgment
or as otherwise provided for in RCW 42.28.090
per signature
Facsimile Usage (incoming/outgoing)
1st Page
each additional page
Bound Printed Documents
-f
"
Amount
$47.00
$47.00
$47.00
$47.00
Cost + 10% handling
$0.15
$2.00
$10.00
$5.00
$3.00
$3.00
$1.00
Actual Cost
Miscellaneous Permits (land Use, Public Works & Building Permit Services):
Any land use permits not covered by the fee schedule is based on actual hourly cost, plus benefits of 30%,
plus overhead of 25%. Any private or public professional service contract is 100%. plus 10% billing and
administrative charges.
Page 6
CITY OF FEDERAL WAY
FEE SCHEDULE
TVDe of Fee
Amount
GIS Map and Data Requests:
SCHEDULE A
MAP SIZE MEDIA TYPE COLOR BLACKIWHITE
8y, by 11 Paper $4.00 $3.00
Mylar $5.00 $4.00
11 by 17 Paper $5.00 $4.00
Mylar $6.00 $5.00
Up to
34by44 Paper $10.00 $7.00
Mylar $37.00 $31.00
3y, Floppy Disk (per disk)
$1.50
Note: Applicable sales tax will be added to the costs indicated in Schedule A.
SCHEDULE B
Staff Time to Complete Request
Computer Usage
per hour
per hour
$25.00
$15.00
Note: Staff time and computer usage will only be charged on requests for custom products.
Note: In the public's interest, the City Manager or his designee may decide to either waivelreduce the fees
indicated in Schedule(s) AlB or enter into a data sharing agreement. -
SECTION TEN. PAWNBROKER.
Pawnbroker License
$300.00
Secondhand Dealer License
$24.00
Fees becoming due for less than one year shall be prorated on a quarterly basis.
A late penalty shall be charged on all applications for renewal of a license received later than seven (7) working
days after the expiration date of such license. The late penalty shall be as follows:
Days Past Due
8-30
31 - 60
61 and over
Additional Percentage of License Fees
25.00%
50.00%
100.00%
Page 7
CITY OF FEDERAL WAY
FEE SCHEDULE
TV De of Fee
Amount
SECTION ELEVEN. PLUMBING PERMIT.
A. Permit Issuance:
For issuing each permit (when not part
of a building permit)
$20.00
8. Additional Fee
1. For each plumbing fixture of trap or set of fixtures on one trap (including water,drainage )
piping and backflow protection therefore).
$7.00
2. Rainwater systems - per drain (inside building).
$7.00
3. For each water heater and/or vent.
$7.00
4. For each industrial waste pretreatment interceptor, including its trap and vent excepting interceptors
functioning as fixture traps. $7.00
5. For installation, alteration or repair of water piping and/or water treating equipment.
$7.00
6. For repair or alteration of drainage orient piping.
$7.00
7. For each lawn sprinkler system or anyone meter including
back flow protection devices therefor.
$7.00
8. For vacuum breakers or backflow protective devices on tanks, vats, etc, or for installation
on unprotected plumbing fixtures including necessary water piping:
one (1) to five (5)
over five (5)
Each
Each
$5.00
$3.00
C. Penalty Fees:
Any person who shall commence any wor!< for which a permit is required by this Code without first having
obtained a permit shall pay double the permit fee fixed by this section for such wor!<. Such double fee
permit fee shall be in addition to any penalty for a violation of the provisions of this Code.
D. Administrative Note:
For the purpose of this section, a sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set
or attached shall be construed to be a fixture. Fees for re-connection and retest of existing plumbing systems in
relocated buildings shall be based on the number of plumbing fixtures involved.
Page 8
CITY OF FEDERAL WAY
FEE SCHEDULE
Tvpe of Fee
SECTION TWELVE. PUBLIC DANCE AND DANCE HALL.
Annual fee
Annual fee after July 1
Limited fee
Renewal late charge fee
Processing fee for applications received less
than 30 days from event
Litter control security deposit -
cash or bond
Appeal fee
Per Day
SECTION THIRTEEN. PUBLIC WORKS.
A. Building Moving and Oversize/Overweight vehicle Permit.
1. Building moving through City
2. Building moving into or within City
Pre-move inspection
Actual Cost or
3. Oversize/overweight vehicle permit
B. Street and/or Easement Vacation Application
(This application is for 1-300 lineal feet.)
1. Supplement plan review fee for every100 lineal feet thereafter.
C. Right-of-Way Use Permit.(This permit includes 1 inspection.)
1. Individual single family homeowner applications
2. All other applications.
3. Supplement plan review fee for any and all permits.
Per Hour
4. Supplement construction inspection for any and all permits.
Per Hour
D. Right-of-Way Code Variance Request.
Recording fee plus
E. Development Review Fee.
1. Single Family.
2. Short Subdivisions Construction Plans(Up to 8 hours of review time)
a. Supplemental plan review/construction service fee
Per Hour
b. Construction Inspection Fee
Per Hour
Amount
$150.00
$75.00
$25.00
$50.00
$50.00
$1,000.00
$50.00
$56.00
$56.00
$133.00
$56.00
$546.00
$56.00
$124.00
$172.00
$45.00
$40.00
$56.00
$45.00
$360.00
$45.00
$40.00
Page 9
CITY OF FEDERAL WAY
FEE SCHEDULE
Tvpe of Fee
Amount
3. Subdivisions and Commerciallindustrial Developments Construction Plans
(Up to 12 hours of review time)
$540.00
a. Supplemental plan review/
construction service fee
Per Hour
$45.00
b. Construction Inspection Fee
Per Hour
$40.00
F. Miscellaneous Public Works Permits and Services (Same fee structure under Section Nine/Miscellaneous Fees)
G. Recording Fee per chapter 36.198.010 RCW and as amended and K.C. Code 1.12.120 and as amended
SECTION FOURTEEN. RADON KITS.
Delivery Fee
$23.00
SECTION FIFTEEN. RIGHT-OF-WAY ACTIVITY.
Permit Fee
$28.00
SECTION SIXTEEN. TAXICABS.
License (per vehicle)
For-hire vehicle license (per vehicle)
Transfer of equipment fee (for each
transfer of vehicle during license year
$140.00
$140.00
$15.00
SECTION SEVENTEEN. MASSAGE/PUBLIC BATHHOUSE BUSINESSES.
MASSAGE BUSINESSES
1.Massage Business
(In addition to business license)
2. Massage Practitioner
3. Message Manager
4. Late Penalty:
A late penalty shall be charged on all applications for renewal of a license received later than seven (7) working
days after the expiration date (being January 31 of each respective year) of such license. The amount of such
penalty is fixed as follows:
$15.00
$15.00
$15.00
Days Past Due
8-30
31-60
61 and over
Additional Percentage of License Fees
25%
50%
100.00%
Page 10
CITY OF FEDERAL WAY
FEE SCHEDULE
Type of Fee
PUBLIC BATHHOUSE BUSINESSES
1. Public Bathhouse Business
(In addition to business license)
2. Bathhouse Attendant
3. Bathhouse Manager
4. late Penalty:
A late penalty shall be charged on all applications for renewal of a license received later than seven (7)
working days after the expiration date (being January 31 of each respective year) of such license.
The amount of such penalty is fixed as follows:
Days Past Due
8-30
31-60
61 and over
Additional Percentage of license Fees
25%
50%
100.00%
SECTION EIGHTEEN. ELECTRICAL CODE.
Amount
$15.00
$15.00
$15.00
1. Residential
To calculate the inspection fees, the amperage is based on the conductor ampacity or the overcurrent device rating.
a. Single & two family residential (new construction)
i. First 1300 sq. ft. or less
Each additional 500 sq. ft. or portion of
ii. Each outbuilding or detached
garage inspected with the service (see note)
iii. Each outbuilding or detached garage inspected separately
Note: When not inspected at same time as service, refer to 'b' of this subsection.
b. Multifamily residential (new construction)
Each service and/or feeder
Service Ampacity
Service
0 to 200
201 to 400
401 to 600
601 to 800
801 and over
$67.00
$83.00
$114.00
$146.00
$208.00
$62.00
$20.00
$26.00
$41.00
Feeder
$20.00
$41.00
$57.00
$78.00
$156.00
Page 11
CITY OF FEDERAL WAY
FEE SCHEDULE
Tvpe of Fee
c. Single family or multifamily altered services, including circuits
i. Service Ampacity
0 to 200
201 to 600
over 600
Ii. Maintenance or repair of meter or mast (no alterations to service or feeder)
d. Single or multi-family residential circuits only (no service inspection).
1 to 4 circuits (see note)
ii. Each additional circuit
Note: Total fee per panel not to exceed 'c.i.' of this subsection Service/Feeder.
e. Mobile homes; mobile home parks; and RV parks.
i. Mobile home service or feeder only
ii. Mobile home service and feeder
iii. Mobile home park sites and RV park sites
A. First service or feeder
B. Each additional service; or a feeder
inspected at same time as service
Note: For master selVice installations, see subsection '2'.
2. Commercialllndustrial
a. Service/feeder, and feeders inspected at the same time as service (circuits included).
i. Service/Feeder Ampacity
Service/Feeder
0 to 100
101 to 200
201 to 400
401 to 600
01 to 800
801 to 1000
over 1000
$67.00
$83.00
$156.00
$182.00
$235.00
$287.00
$313.00
ii. Over 600 volts surcharge
.~-.
i\.
Amount
Service/Feeder
$57.00
$83.00
$125.00
$31.00
$41.00
$5.00
$41.00
$67.00
$41.00
$26.00
Additional Feeder
Inspected at the same
time.
$41.00
$52.00
$62.00
$73.00
$99.00
$120.00
$167.00
$52.00
Page 12
CITY OF FEDERAL WAY
FEE SCHEDULE
Type of Fee
Amount
b. Altered services or feeders (no circuits)
Service Ampacity
Service/Feeder
0 to 200
201 to 600
601 to 1000
over 1000
$67.00
$156.00
$235.00
$261.00
ii. Over 600 volts surcharge
$52.00
iii. Maintenance or repair of meter or mast (no alteration of service equipment)
$57.00
c. Circuits only.
i. First 5 circuits per branch circuit panel
$52.00
ii. Each additional circuit per branch circuit panel
$5.00
Note: Total fee per panel not to exceed 'a.i.' of this subsection service/feeder.
3. Temporary Services
a. Residential
$36.00
b. Commercialllndustrial
Service or Feeder Ampacity
Oto 100
101 to 200
201 to 400
401 to 600
over 600
$41.00
$52.00
$62.00
$83.00
$94.00
Each additional feeder inspected at the same time as service or first feeder, add 50 (50%) percent of fee above.
4. Irrigation Machines, Pumps & Equipment Irrigation Machines
a. Each tower when inspected at same time as service & feeder
$5.00
b. When not inspected at same time as service & feeders - first six
$62.00
c. Each additional tower per 'a' of this subsection
$5.00
5. Miscellaneous - Commercial & Residential
a. Thermostats.
i. First thermostat
$31.00
ii. Each additional thermostat inspected at the same time as first thermostat
$10.00
Page 13
CITY OF FEDERAL WAY
FEE SCHEDULE
Type of Fee
Amount
b. Low voltage fire alarm and burglar alarm.
i. First 4 zones. Includes nurse call intercom, security systems, and similar low
energy circuits and equipment
$36.00
ii. Each additional zone over 4
$10.00
c. Signs and outline lighting.
i. First sign (no service)
$31.00
ii. Each additional sign inspected at the same time on the same
building or structure
$15.00
d. Berth at a marina or dock
$41.00
Each additional berth inspected at the same time
$26.00
e. Yard pole meter loops only
$41.00
Meters installed remote from service equipment: Inspected at same time
as service, temporary service, or other installations
$10.00
f. Emergency inspections requested outside normal work hours.
Regular fee plus surcharge of
$78.00
g. Generators.
i. 500 IWA or less
$50.00
ii. Each additional 50 IWA or portion thereof
$10.00
h. Annual permit fee for plant location employing regular electrical maintenance staff - each inspection
two hour maximum.
Fee Inspections
1 to 3 plant electricians
4 to 6 plant electricians
7 to 12 plant electricians
13 to 25 plant electricians
more than 25 plant electricians
$1,493.00
$2,987.00
$4,480.00
$5,974.00
$7,468.00
$12.00
$24.00
$36.00
$52.00
$52.00
i. Carnival inspection.
i. First field inspection year.
A. Each ride and generator truck
$15.00
B. Each remote distribution equipment, concession, or gaming show
$5.00
C. Minimum fee
$78.00
Page 14
CITY OF FEDERAL WAY
FEE SCHEDULE
Type of Fee
ii. Subsequent inspections.
A. First 10 rides, concessions, generators, remote distribution equipment, or gaming
show
B. Each additional ride, concession, generator, remote distribution equipment, or
gaming show
j. Trip fees.
Requests to inspect existing installations
ii. Submitter notifies the department that work is ready for inspection
when it is not
Hi. Additional inspection required because submitter has provided wrong address
iv. More than one additional inspection required to inspect corrections: or for repeated
neglect, carelessness, or improperly installed electric work
v. Each trip necessary to remove a noncompliance notice
vi. Corrections have not been made in the prescribed time, unless an exception has
been requested and granted
k. Double fees will be charged for:
i. Installations that are covered or concealed before inspection.
ii. Failure to obtain an electrical work permit prior to beginning the installation or alteration.
Exception: Electrical work permits for emergency repairs to existing electrical systems
shall be obtained the next business day.
I. Progress inspections.
On partial or progress inspections, each % hour
m. Plan review fee.
i. Fee is 35 percent of the electrical work permit fee as determined by this fee schedule,
plus a plan submission fee of
ii. Supplemental submissions of plans per hour or fraction of an hour
n. Other inspections. Inspections not covered by above inspection fees shall be charged
portal to portal per hour
Amount
$78.00
$5.00
$61.00
$31.00
$31.00
$31.00
$31.00
$31.00
$31.00
$52.00
$62.00
$62.00
Page 15
,
CITY OF FEDERAL WAY
FEE SCHEDULE
Type of Fee
Amount
SECTION NINETEEN. UNIFORM BUILDING CODE.
UNIFORM BUILOING CODE PERMIT FEES
TOTAL VALUATION FEE 1
$1.00 to $500.00 $23.50
$501.00 to $2,000.00 $23.50. for the first $500.00 plus $3.05 for each additional
$100.00, or fraction thereof, to and including $2000.00.
$2,001.00 to $25,000.00 $69.25 for the first $2000.00 plus $14.00 for each additional
$1,000.00, or fraction thereof, to and includino $25,000.00.
$25,001.00 to $50,000.00 $391.75 for the first $25,000.00 plus $10.10 for each additional
$1,000.00, or fraction thereof, to and includino $50,000.00.
$50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00 for each additional
$1,000.00, or fraction thereof, to and including $100,000.00.
$100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional
$1,000.00, or fraction thereof, to and includino $500,000.00.
$500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional
$1,000.00 or fraction thereof, to and including $1,000,000.00.
$1,000,001.00 and up $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional
$1,000.00, or fraction thereof.'
Other Inspections and Fees:
. Inspections outside of normal business hours
(minimum charge two hours). $47.00 per hour 1
12.Reinspection fees assessed under provisions of Section 108.8. $47.00 per hour 1
ß. Inspections for which no fee is specifically indicated
(minimum charge one-half hour). $47.00 per hour 1
~. Additional plan review required by changes,
additions or revisions to plans. $47.00 per hour 1
5. For use of outside consultants for plan checking
and inseections, or both. Actual costs 2
1. Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include
supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved.
2. Actual costs include administrative and overhead costs.
Page 16
CITY OF FEDERAL WAY
FEE SCHEDULE
Type of Fee
Amount
SECTION TWENTY. IMPACT MITIGATION.
School Impact Fee
see note
Note: As adopted by the Federal Way City Council in Resolution No. 98-274 and authorized by City Ordinance
Nos. 95-249 and 97-293 (a copy of the impact fee schedule is available in the City Clerk's Office or the City's
Department of Community Development).
SECTION TWENTY-ONE. PUBLIC SAFETY.
Case Report .
Traffic Accident Report .
Reports exceeding ten (10) pages
Fingerprint Card
Photo 10 Card
Concealed Pistol License (State Mandated)
Renewal of Concealed Pistol License
Late Fee (if applicable)
Reissuance of Concealed Pistol License (State Mandated)
Traffic School
per page
$5.00
$5.00
$0.15
$5.00
$5.00
$60.00
$32.00
$10.00
$10.00
$50.00
. Victim of a crime receives one copy of the case report at no cost; driver and registered owner of
vehicle involved in traffic accident receives one copy of the collision report at no cost.
Page 17
MEETING DATE: December I, 1998
ITEM# -;z¡;c ( Q - )
"""""""""""""""""""""""""""""""""""""" """""""""""""""""""""""""""""""""""""""......
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
.. ..~.tJ..I3..~.~.ç!.:. .......~.~.~~~~~..~~~.~!.t ~.~~i.(}.~.~.!..~~~~~.ç.~..~~~.i.li.tr..: ..~i.~.~I..~.~~J !.~~..~~.~~.!'..~~ IJ.':'.~............. .... .............................
CATEGORY:
BUDGET IMPACT:
_X_CONSENT
_ORDINANCE
_BUSINESS
_HEARING
_FYI
_RESOLUTION
_STAFF REPORT
_PROCLAMATION
_STUDY SESSION
_OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
.......................................................................................................................................................................................................
............................................................
ATTACHMENTS: Memorandum to the November 2, 1998 Meeting of Land Use and Transportation
Committee
.......................................................................................................................................................................................................
............................................................
SUMMARYIBACKGROUND:
The referenced project has been completed and the contractor is now requesting release of the retainage
associated with the project. Prior to release of retainage on a Public Works project, the City Council must
accept the work as complete to meet State Department of Revenue and State Department of Labor and
Industries requirements.
Attached please find the June 10, 1998 memo to the Land Use/Transportation Committee entitled SW 34Oth
Street Regional Storage Facility - Bid Award. This memo was presented to the committee as part of a
request for pennission to award the referenced project. The low project construction bid was $723,103.00
from Scoccolo Construction, Inc. Add to this a Committee approved 10% construction contingency in the
amount of $72,310.00 and you arrive at a total approved contract budget of $795,413.00.
The final construction cost for the SW 34Oth Regional Storage Facility project is $720,815.60 - $74,597.40
below the approved construction contract budget of $795,413.00 A summary of the ending project balance
follows:
...................................
....................................................... """"""""""""""'"
.......................................................................................................................................................................................................
............................................................
Project Costs:
Project Design
$
88,801.00
Property acquisition
$
5,000.00
Project Construction
Construction Cost (Scoccolo Cons. Inc.)
Construction Management
$ 720,815.60
$ 30,000.00
Total Project Cost:
$ 844,616.60
Council Authorized Budget:
$1,017,851.00
Endin~ Project Balance:
$ 173.234.40
.......................................................................................................................................................................................................
.....................................................
CITY COUNCIL COMMITTEE RECOMMENDATION: At its November 2, 1998 meeting, the Land
Use Transportation Committee approved and fOlwarded to full Council staff recommendation of the SW 340th
Street Regional Storage Facility for Final acceptance in the amount of $173,234.40.
:::~:~~~::~~:~~ ~:::~:~::~~~~~:~~:~:::::~=::~~:::::~~~ji~fl.'~~:::::::::::::::::::::: :::::::::::::
APPROVED FOR INCLUSION IN COUNCIL PACKET: ~
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
klcounci11agdbillsl19981
k:lcouncillagdbillsl 1998lsw340thac.wpd
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
_APPROVED
_DENIED
_TABLEDIDEFERRED/NO ACTION
"
(
DATE:
November 2,1998
TO:
Phil Watkins, Chair
Land Useffransportation Committee
Jeff Pratt, Surface Water Manager ~
FROM:
SUBJECT:
SW 34Oth Street Regional Storage Facility - Final Project Acceptance
Background:
The referenced project has been completed and the contractor is now requesting release of the
retainage associated with the project. Prior to release of retainage on a Public Works project, the
City Council must accept the work as complete to meet State Department of Revenue and State
Department of Labor and Industries requirements,
Attached please find the June 10, 1998 memo to the Land Useffransportation Committee entitled
SW 34Oth Street Regional Storage Facility - Bid Award, This memo was presented to the
committee as part of a request for permission to award the referenced project. The low project
construction bid was $723,103,00 from Scoccolo Construction, Inc, Add to this a Committee
approved 10% construction contingency in the amount of $72,310.00 and you arrive at a total
approved contract budget of $795,413.00.
The final construction cost for the SW 340th Regional Storage Facility project is $720,815.60 -
$74,597.40 below the approved construction contract budget of $795,413.00 A summary of the
ending project balance follows:
Project Costs:
Project Design
$ 88,801.00
Property acquisition
$
5,000.00
Project Construction
Construction Cost (Scoccolo Cons. Inc.)
Construction Management
$ 720,815.60
$ 30,000.00
Total Project Cost:
$ 844,616.60
Council Authorized Budget:
$1,017,851.00
Ending Project Balance:
$173.234.40
Recommendation:
Staff recommends that the following item be placed on the November 17. 1998 Council Consent
Agenda for approval:
1.
Final acceptance of the completed SW 340th Regional Storage Facility. constructed
by Scoccolo Construction. Inc.
K,ILUTC\1998\SW340ACC.WPD
"
":
(
(
MEETING DATE: December 1, 1998
ITEM# :z¡;L ÇJ:¿
.......................................................................................................................................................................................................
...................."""................---
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
SUBJECT: The SW 340th Street @ Hoyt Road Intersection Improvement Project
....................................!1JJ~!.~£~.l!:!..!!.~.(~~.~.'.'...t!!.~...qt.Y...qf.f.~!!.~.r.a:!..~l!:Y...~~!!.J!!.~...qt.Y...qt T ~~£ "!~....... ................. ...........................
CATEGORY: BUDGET IMPACT:
---X_CONSENT
_ORDINANCE
_BUSINESS
_HEARING
_FYI
_RESOLUTION
_STAFF REPORT
_PROCLAMATION
_STUDY SESSION
_OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
.......................................................................................................................................................................................................
.............................................
A TT ACHMENTS: 1) Memorandum to the November 23rd, 1998 Land Use and Transportation Committee
............... .... ..................................? )..!.~ E 9. P.~. ~ ~ ~ ..i~.! ~E.!~. ~ ~.!. ~ ~.! ~ t:. ~~.. £ ~.~.~ ~ ~!.. ~ ~ Y...~~.. T~ ~ 9. ~~...........................................
. .....................
SUMMARYIBACKGROUND: The City is currently completing the design of a new traffic signal and
intersection improvement at SW 340th Street and Hoyt Road. At this time the intersection is a four way
stop and is very congested. The project will add a new signal and left hand turn lanes on Hoyt Road.
The project is funded from the following sources.
Oil Rebate Grant
Traffic Mitigation
City of Federal Way
City of Tacoma
............ $ 200,000.00
............ $ 85,000.00
............ $ 91,000.00
.. . .. .. . .... $ 40 000 00
Total
416,000.00
...T~~.. p E() J~~.t..i~..~.'!. ~ i <:. i P.<l.t~.~..t.o...~.~g i '!... ~9. I1.~tE.II.c.t.i~.'!....i~.. Ap'~i.I...I.??? :................. ........
........................
CITY COUNCIL COMMITTEE RECOMMENDATION: At its November 23rd, 1998 meeting, the
Land Use and Transportation Com:nittee forwarded the following recommendations to the December 1st,
1998 Council Consent agenda for approval:
1.
Approve the proposed interlocal between the City of Federal Way and Tacoma for $40,000.00.
~~~;;~~~~~:~;~~~~~=ï~;~I~
...¡;.;~~~~~.;~~..;.~.¡~ ~ ~.~~.;..~~~~~;¡.;¡.~.~~;.;.~......................... .................. .........................................
(BELOW TO BE COMPLETED BY CITY CLERK'S OFF/CL]
COUNCIL ACTION:
K ICOUN C I L IAGDBILLSI 199 8\340 HOYT. CC
COUNCIL BILL #
ist Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
_APPROVED
_DENIED
T ABLEDIDEFERRED/NO ACTION
"
DATE:
November 17, 1998
TO:
Phil Watkins, Chair
Land Userrransportation Committee
'~f'1\
FROM:
Ken Miller, Street Systems Manager
SUBJECT:
The SW 340th Street @ Hoyt Road Intersection Improvement Project
Interlocal Between the City of Federal Way and the City of Tacoma
BACKGROUND
The City is currently completing the design of a new traffic signal and intersection improvement
at SW 340th Street and Hoyt Road, At this time the intersection is a four way stop and is very
congested, The project will add a new signal and left hand turn lanes on Hoyt Road,
The project is funded from the following sources.
Oil Rebate Grant
Traffic Mitigation
City of Federal Way
City of Tacoma
............ $ 200,000.00
............ $ 85,000.00
.."..,..... $ 91,000.00
............ $ 4000000
Total
416,000.00
Attached is the proposed interlocal between Federal Way and Tacoma granting $40,000.00 to the
City towards the project. The project is anticipated to begin construction in April 1999.
RECOMMENDATION
Place the following recommendations on the December I, 1998 Council Consent agenda for
approval:
I.
Approve the proposed interlocal between the City of Federal Way and Tacoma 'for
$40,000.00,
2.
Authorize the City Manager to execute the agreement.
CC PIWIECTFILEIOAY rILE
K,ILUTCI 1998\J40HOYT,MEM
"
(
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF FEDERAL WA Y
AND CITY OF TACOMA
FOR THE SW 340TH STREET AT HOYT ROAD SW
INTERSECTION IMPROVEMENT PROJECT
DRAFT
THIS AGREEMENT is made and entered into by and between the City of Federal Way
(hereinafter "City") and the City of Tacoma (hereinafter "Tacoma"), (collectively "Parties ").
WHEREAS, the City proposes to proceed with the SW 340th Street at Hoyt Road SW
Intersection Improvement Project as defined by the Scope of the Project (hereinafter "Project"); and
WHEREAS, the City shall provide the neGeSSaI)' admilÚstrative, construction inspection, and
clerical services necessary for the execution of the Project.
WHEREAS, the scope of the project includes signalization at the intersection ofSW 340th
Street and Hoyt Road SW and the addition of/eft turn pockets on Hoyt Road SW.
WHEREAS, Chapter 39.34 (Inter/ocal Cooperation Act) permits local governmental units
to make the most efficient use of their powers by enabling them to cooperate with other entities to
provide services in a manner best serving the needs and development of their local communities; and
WHEREAS, Tacoma will benefit trom the intersection improvements with improved traffic
flow ITom Tacoma streets through the intersection ofSW 34Oth Street and Hoyt Road SW within the
City of Federal Way.
NOW, THEREFORE, it is mutually agreed between the parties hereto that Tacoma will
participate in the funding of the SW 340th Street at Hoyt Road SW Intersection Improvement Project
in the amount offorty thousand dollars ($40,000) payable within sixty (60) days oftbe billing by the
City.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day
and year set forth below.
CITY OF FEDERAL WAY
CITY OF TACOMA
Kenneth E. Nyberg, City Manager
Ray E. Corpuz, Jr., City Manager
Date:
Date:
APPROVED AS TO FORM:
APPROVED AS TO FOí<.M:
('
City Attorney, Rob;n Jenkinson
Co ç:> '-j
t188,L
MEETING DATE: December I, 1998
ITEM#
JJL f..¿)
...........................................................................................................""""""""""""""""""""""""""'................mm
"""""""""""""""""
CITY OF FEDERAL WAY
City Council
AGENDA ITEM
...~.f}.!H.¥:.Ç.!.:........!i..tr.!!. e. ~ ß.'Y. (!.eR.i~g..Ço.~.I!:~c:!..~~e.~s.~o..lI.!o.r...!???............................................ ...........................................
...............
CATEGORY:
BUDGET IMPACT:
_X_CONSENT
_ORDINANCE
_BUSINESS
_HEARING
_FYI
_RESOLUTION
_STAFF REPORT
_PROCLAMATION
_STUDY SESSION
_OTHER
Amount Budgeted: $
Expenditure Amt: $
Contingency Reqd: $
.......................................................................................................................................................................................................
..........................................
A TT ACHMENTS: I) Memorandum to the November 23rd, 1998 Land Use and Transportation Committee
............. ......................................}.Lr:~9.~~r.n.~~EJ.~~,...\.~2~...I~~t.~~.f!:~.JE..A~.ti.<J.!1ß~'Yi ~.~~..ç 9. ~P.~E.~ !.i ~.I1................... """"""""""""""'"
SUMMARY/BACKGROUND: The 1997 Street Sweeping was rebid in December 1996 and the contract
was awarded to Action Services, Inc. in the amount of $64,954.20. Street sweeping services have been
provided to the City by Action Services for approximately twenty-one months. To date we have
received very few complaints regarding the service provided by the contractor.
The contractor has requested a 2.5%, or $1,672:57, increase for 1999 due to increased costs for
disposal and equipment repair (please see attached letter). The 1998 contract amount of $66,902.83,
plus the 2.5 % requested increase of $1 ,672.57 equals a total of $68,575.40 for 1999 street sweeping
services. Please note that the new contract amount is still $4,207.00 below the second low bid received
...i.I1..P.~.~~.!I1. ~.e.~...W~~..o..f..F~,}~.~.AQ :..................... .............. """""""""""""""""""""'" .................................. "",'n.............. ...........................
CITY COUNCIL COMMITTEE RECOMMENDATION: At its November 23rd, 1998 meeting, the
Land Use and Transportation Committee forwarded the following recommendations to the December I,
1998 City Council consent agenda:
1.
Approve extending the Action Services, Inc. contract term for street sweeping services through
December 31, 1999;
2.
Approve an increase in compensation of$I,672.57 (2.5%), for a 1999 total of $68,575.40:
.}.:............A..l!.~~~Ei;¡:.e...t.~~..9tY....t>:1.¡¡Il.¡¡g~E..!.<J..~.~~.~1J..t.e...~~~.~.<J.!1!.r.¡¡~.t..¡¡.JE.e.I1.~.JE.e..!1t':""""""""""""'L""" ""n"..................
CITY MANAGER RECOMMENDATION: ~,-r (~Ti:.z., {Uc~v.<L. ""
¡()¡) d I ^, :
... ¡ ;.; ;~~ ~~.;~;.~~~.¡~~~~.~..~ ~ ..~.~~~~~¡.;~~.~ ~.;;... ~..../ ~ ~~...... m......................
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
KICOlJ}iCIUAGDBlLLSI 199K1STRSWEEP.CC
COUNCIL BILL #
1st Reading
Enactment Reading
ORDINANCE #
RESOLUTION #
_APPROVED
DENIED
- T ABLEDIDEFERRED/NO ACTION
DATE:
November 17, 1998
TO:
Phil Watkins, Chair
Land Use & Transportation Committee \ /~
Ken Miller, Street Systems Manager ~
FROM:
SUBJECT:
Street Sweeping Contract Extension for 1999
Background
The 1997 Street Sweeping was rebid in December 1996 and the contract was awarded to Action
Services, Inc. in the amount of $64,954.20. Street sweeping services have been provided to the City
by Action Services for approximately twenty one months. To date we have received very few
complaints regarding the service provided by the contractor.
The contractor has requested a 2.5%, or $1,672.57, increase for 1999 due to increased costs for
disposal and equipment repair (please see attached letter). The 1998 contract amount of
$66,902.83, plus the 2.5% requested increase of $1,672.57 equals a total of $68,575.40 for 1999
street sweeping services. Note that the new contract amount is still $4,207.00 below the second low
bid received in December 1996 of $72,782.40.
Recommendation
Staff requests the committee place the following staff recommendations on the December I, 1998
City Council consent agenda:
I.
Approve extending the Action Services, Inc. contract term for street sweeping services
through December 31, 1999;
2.
Approve an increase in compensation of $1,672.57 (2.5%), for a 1999 total of $68,575.40;
3.
Authorize the City Manager to execute the contract amendment.
KM:km
auachmen!
Contract I'de
Day I'ile
k ","\I'I",,"'w"r 99
...
_~-1C¡"ÍO.n Sc..rr.Eces C~qO..r:31'/OD - '. ,- , - ... ..1'.0- f3", 4;;). 6r,,"','.II"". VIA qR3~ (],,OJ 373.4;'('(,' * F^X.37]-9711
"Isn't it time you got Action ?"
November 7, 1998
City of Federal Way
33530 1st Way S
Federal Way, WA 98003
At1n: Ken Miller
Re: Street sweeping contract 1999
At this tüne, Action Services would like to request that the contract for street
sweeping services for the City of Federal Way be extended through 1999.
Due to the rising cost of equipment, repair of same and dumping fees, we are
asking for a 2.5% cost of living increase in the contract. lfyou have any
questions or concerns, please call this office at your earliest convenience.
Sincerely,
ø;P
Tony D. Sandefur
11/09/98 liON 12, 1J
(TX/RX NO 6823]
-~"-~!!'~~""'----------':r"_,,~__2¡¡' Ct 2~_____----
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) Ordinance 2) October 22, 1998 memorandum to LUTC from Kathy McClung 3) October
6, 1998 letter from Weyerhaeuser 4) July 29, 1998 memorandum to LUTC from K- McClung 5) June 9, 1998
memorandum to LUTC from Don Largen 5) May 27, 1998 memorandum from K. McClung to LUTC 6) Planning
Commission Findings dated April 3D, 1998 7) Staff report dated March 24, 1998.
---.........-- .....-..---- -..-......-.-...- ..... -.........-...........- -..--..- .-.........- -----"-..........---- ..--..-.-.. ...........-................-. -........ -.... --"---..-.........
SUMMARY/BACKGROUND: The Planning Commission conducted a public hearing on Aprii I, 1998 on the
attached proposed plan, map change and regulations- The LUTC Committee discussed the proposal on June 1, June
15th, August 3rd, and October 26th and made changes to the setback requirements, and are recommending no
shoreline designation map changes. Since the Planning Commission reviewed this issue, the State Department of
Ecology gave us recommended language for salmon and steelhead protection which was incorporated at the LUTC
meeting.
_00_. .-"-""""__00..... -- -"""'00 00- .............- 00........_....-- 00- .-....-- --.-....-..............-. -_._00.... .................... .......... -.- ...- .....................-
...- ."00... 00_00_.
- ~~;: ~ ~~~ ~~ ~~~~~.~;;~~ : ~ ~..~:~~: ~_:_~ :: ._~J@EØ' > h e~. ~e~~ 0 ~ e.~ : ~ ,:~-~:: ~_::~ ~.:: :~- ~ ::.. _: -~~.. .
c<-~:.~V - '-"--'Y'a......'-~I"'~"'""-"'~
__~.:E!_~..~~~~~~~_.~~_?~~!!:~:\!!!?._~:- ...:.... :......!!¡!.7h;f...(~..!- - _.:- . -"--................-...-........-.........-....-...-...-...........
APPROVED FOR INCLUSION IN COUNCIL PACKET:---4!V
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
COUNCIL ACTION:
APPROVED
_DENIED
- T ABLED/DEFERRED/NO ACTION
/+,1' .,
c ,2i."L).. '-,¿;;-
COUNCIL BILL #
ORDINANCE #
RESOLUTION #
dC(
If/I 7 Iff
ORDINANCE NO.
DRAFT
!f/':-/9P
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
Proposa, at public hearings during 1998 on April 1 st pursuant to FWCC Section 22-523,
and all public notices having been duly given pursuant to FWCC Section 22-528; and
ORD #
, PAGE 1
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 there was sufficient opportunity for the public to comment on the
Proposal; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOllOWS:
Section 1. Findinas. After full and careful consideration, the City Council of the
City of Federal Way makes the following findings with respect to the Proposal and the
proposed amendments to the Federal Way City Code ("FWCC"):
1.
The Federal Way City Council adopted the Federal Way Comprehensive
Plan in order to comply with the State's Growth Management Act; and
ORD#
, PAGE 2
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 adversely affect the public
health, safety or welfare; and
5.
The Planning Commission, following notice thereof as required by RCW
35A63.070, 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
Conclusions of Law with respect to the decisional criteria necessary for the adoption of
the Proposal:
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
ORD #
, PAGE 3
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
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
, 1998.
ORD#
, PAGE 4
CITY OF FEDERAL WAY
MAYOR, RONALD L. 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.
ORD#
, PAGE 5
ATTACHMENT A
ARTICLE III. SHORELINE
MANAGEMENT"
'Cross referencc(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 I. 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)
See. 18 162. Skereline master pragram.
(a) The sit)' adopts a)' referease the follBváag pBrtiBas Bf Kiag CmlRt)' Oniillaace No.
3692, Shereliae Master Pragram (gaals, eejecti,es!tßå palieies), SHe eap) af "hieh is oa file
with the effiee af the sit}' dark:
(I)
Þ.1aster prBgr8m elemeats.
(2)
(3)
Shorcliae ea\ iraamellts.
ShBreliae Hse activities.
(e) THe sit) aåe¡3ts e) refereaee partieas ef tHe Kiag CeHat) Code, Title 25, SHareliae
Maaagemeat as follBws, Bae espy Bf .....hieh is oa file ,vith the eit) elerk:
(I)
(2)
(3)
CHapter 25.01, P1:lrfJese, title, seope.
CHapter 25.08, Defiaitioas.
ChafJter 25.12, EavirBameat åesiga8tioas.
(4j--- Chapter 25.16, Dreaa eavireameat.
(5)
(6)
Chapter 25.29, RHral ea.iroameat.
Chapter 25.21, Ceasef\ allc)' eaviroament.
(7) Chapter 25.28, NatHral 5a. iroameat.
(Ord ÞI8 9Q ]g, § 1(21.2Q 19,21.2029),2 27--9G:f
Sec. 184éð 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 90.58030(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 sha!1 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(24.30.10,243020),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 Dublic access means:
1.
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
2.
Visual access available to the general public to the shoreline and adiacent
waterbody. such access being specificallv provided for in the development of
the site.
Average f!7ade 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 graduallv built UP by accretion
Beach feedif1i!: means landfill deposited on land or in the water to be distributed by
-2-
natural water processes for the purpose of supplementing beach material.
Berm means one or several linear mounds of sand and gravel generallv paralleling the
shore at or landward of the ordinary high water mark which are normallv stable because of
material size or vegetation.
Breakwater means an off-shore structure either floating or not which mav or mav not
be connected to the shore. such structure being designated to absorb and/or reflect back into
the water bodv the energv of the waves.
Bulkhead means a solid or open pile of rock concrete steel timber other materials or
a combination of these materials erected generallv 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 geologicallv full v developed
and normallv dry backshore above high tide.
Class II beach means a beach or shore having onlv mar~inallv geologicallv partiallv
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 TJrOfffam 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 implv 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.
Jellv means an artificial barrier used to change the natural littoral drift to protect inlet
entrances from clogging by excess sediment.
Littoral drill means the natural movement of sediment along marine or lake shorelines
bv wave breaker action in response to prevailing winds.
Non-water-orìented 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
development department stores and gas stations.
-3-
Strimdine setback means a straight line drawn between the points on the primary
buildings having the greatest proiection (including appurtenant structures such as decks)
waterward on the two adiacent properties
Water-devendent means a use or portion of a use which can not exist in anv other
location and is dependent on the water bv reason of the intrinsic nature of its operations.
Examples of water dependent uses mav 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-eniovment 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 eniovment 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 eniov the phvsical 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 proiect must be devoted to the specific aspects of the use that fosters
shoreline enioyment Primary water-enioyment 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 desil!nations.
Sec. 18-164.01. Purpose.
-4-
The purpose of these designations is to differentiate between areas whose geographical
hvdrological topograohical or other features imolv differing obiectives regarding the use and
future development of the shorelines of the city.
Each environment designation represents a particular emphasis in the tyoe of uses and
the extent of development that should occur within it. The environmental designation svstem
is designed to encourage uses in each environment that enhance or are comoatible 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
imoacted.
Sec. 18-164.02. Names of environment desi2nations.
In order to accomplish the purpose of this title environmental designations have been
established to be known as follows:
1..
~
;L
~
Natural environment.
Conservancv environment.
Rural environment.
Urban environment.
Sec. 18-164.03 Limits of environment desienations.
Each environment designation shall consist of:
1..
The entire water bodv from its centerline or ooint. including all water below
the surface
~
The shoreline areas where severe biophvsical constraints such as floodplains
steep slopes slide hazard areas and wetlands do not cover the entire associated
shoreland. Proposed development in the remaining area mav be oermitted
consistent with the character of the surrounding land use the phvsical
capabilities of the shorelands and applicable city land use plans and policies.
Sec. 18-164.04 Establishment of desi2nations.
1..
~
The written descriptions of the boundaries of the shoreline environment
designations as adopted bv ordinance in the possession of the department shall
constitute the ('Ifficiallegal descriptions of the boundaries of those environment
designations
The official maps prepared pursuant to WAC 173-16 and 173.26 in the
possession of the department shall constitute the official descriptions of the
limits of all shorelands in the City of Federal Wav as defined bv RCW
90.58.030 and section 18.163 of this chaoter
-5-
1.
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.
.L
L
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 tributarv 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 tributarv.
1.
In case of uncertainty as to a wetland or environment boundarv. 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 Dermitting intensive use and bv 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. Desienation criteria.
-6-
Designation criteria for the urban environment shall be:
.L
Shorelines of the city used or designated for office and commercial and high
intensity recreational use.
L
Shorelines of the city of lower intensity use where surrounding land use is
urban and urban services are available.
;L
Shorelines of the city used or designated for multifamilv residential
development.
~
Shorelines of the city developed for residential ourooses and where surrounding
land use is urban and urban services are available.
i.
Shorelines of the city to be designated urban environment shall not have
bioohvsical limitations to development such as floodplains steep slopes slide
hazard areas and wetlands.
Sec. 18-165.03. General Requirements.
1.
Develooment waterward of the ordinary high water mark is prohibited except
water dependent recreational uses.
.f..
No structure shall exceed a height of 35 feet above average grade level. This
requirement mav be modified if the view of anv neighboring residences will
not be obstructed if Dermitted outright bv the applicable provisions of the
underlving zoning and if the proposed development is water related or water
dependent.
;L
All development shall be required to provide adequate surface water retention
and sedimentation facilities during the construction Deriod.
~
Development shall maintain the first 50 feet of property abutting a natural
environment as required open space.
i.
Parking facilities. except parking facilities associated with detached single-
familv development. shall confonn to the following minimum conditions
1L
Parking facilities serving individual buildings on the shoreline shall be
located landward from the Drincipal building being served EXCEPT
when the parking facility is within or beneath the structure and
adequatelv screened or in cases when an alternate location would have
less environmental impact on the shoreline.
~
Anv outdoor parking area perimeter excluding entrances and exits must
be maintained as a planting area with a minimum width of five feet.
£.
Parking as a primary use shall be Drohibited over water and within
shoreline jurisdiction.
çL
Parking in shoreline jurisdiction shall directlv serve a permitted
shoreline use.
-7-
§..
L
~
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 bv Chapter 2 I of this code. collection
facilities to control and separate contaminants shall be required where
storm water 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 subiect to the general requirements of Chapter 22 Article XI Divisions 3
and 4 and the following:
-8-
L
Single family or multiple family residential development is permitted in the
underlying zone classification.
L
Residential development is prohibited waterward of the ordinary high water
mark.
.l.
Setbacks.
&
Simde 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:
L
If the property is undeveloped and reasonable use of the property
cannot occur without further encroachm ~nt of the setback due to
physical constraints of the lot. then the director of community
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.
L
If the property is developed with a single family home beyond
!L
the stringline setback or within 50 feet of the ordinary high
water mark if there are no adjacent residences then the residence
can on Iv be added to i[(he addition will not make the structure
anv more nonconforming as to its setback and the height of the
addition within the setback area is not increased or the applicant
mav reQuest a shoreline variance and conditional use permit.
.l.
If single familv residential development is proposed on a lot
where properties adiacent to both sides of the lot are developed
in single familv residences located less than 50 feet from the
ordinary high water mark then the proposed residential
development mav be located the same distance from the ordinary
high water mark as the adiacent 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.
Multifamily 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:
1,.
If the property is undeveloped and reasonable use of the propertv
cannot occur without further encroachment of the setback due to
phvsical constraints of the lot then the setback can be reduced to
the minimum necessary in order to build a single familv home
but in no case less than 30 feet of the ordinary high water mark.
~
If the property is developed with a single or multifamilv
structure beyond the stringline setback or within 75 feet of the
ordinary high water mark if there are no adiacent single or
multifamilv structures then the structure can onlv be added to if
the addition will not make the structure anv more nonconforming
as to its setback and the height of the adition within the structure
is not increased or the applicant mav request a shoreline variance
and conditional use permit.
.l.
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
-9-
1.
XIV of Chapter 22.
Residential accessory structures may be placed within the required shoreline
setback provided:
ih
No accessory structure except swimming pools shall cover more than
150 square feet.
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No accessory structure shall obstruct the view of the neighboring
properties.
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No accessory structure shall exceed eight feet in height.
Sec. 18-165.05. Residential piers. moorage. or launching facilities. Conditions.
Any pjer moorage float or launching facilitY authorized by sectjons 18.165 04
through 18.165.06 shall be subject to the following conditions:
1.
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1.
Residential piers are prohibited on the Puget Sound shoreline.
No dwellinl( unit may be constructed on a pier
Excavated moorage slips shall not be permitted accessory to single family
residences multifamilv development or as common use facilities accessory to
subdivisions and short subdivisions.
1.
No covered pier. covered moorage covered float or other covered structure is
permitted waterward of the ordinary high water mark.
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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 bv 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. Accessorv to
residential development.
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Piers moorages f..,ats 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
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Private. simde 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:
1h
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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 ioint use piers shall be permitted except when both
lots abutting the subiect lot have legally established Diers then the lot with less
than 50 feet of waterfront may be permitted an individual pier.
Multivle familv residence Diers and Diers associated with a subdivision as a
common use facility shall not exceed the following:
1h
No more than one pier for each 100 feet of shoreline associated with the
multifamilv development subdivision or short subdivision is permitted.
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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.
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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
1...
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 soac(' over six moorage SO aces
t,~ a maximum of 76 feet.
The maximum width of each pier shall be eight feet.
No float shall have more than 100 square feet of surface area.
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The total surface area of piers moorages, floats and/or launching
facilities, or anv combination thereof associated with a single familv
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.
Mooraf!e viles. Moorage piles not constructed in coni unction with a pier are
limited bv the following conditions:
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All piles shall be placed so as to not constitute a hazard to navigation.
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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.
~
No more than two moorage piles per residence are permitted.
Launching ramps and lift stations require a shoreline conditional use permit and
are limited bv the following conditions:
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No portion of a launching ramp or lift station shall be placed more than
60 feet waterward of the ordinary high water mark.
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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 grou!1d through the
use of tie-type construction. Asphalt concrete or other ramps which
solidlv cover the water bodv bottom are prohibited.
~
No more than one launching rail per single familv residence is
permitted and no more than two common use launching ramps for each
100 feet of shoreline associated with a multifamilv development short
subdivision or subdivision.
Floats are limited under the following conditio;¡s
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One float per single familv residence multifamilv development short
subdivision, or subdivision is permitted
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No portion of a float shall be placed more than 36 feet waterward of the
ordinary high water mark.
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Retrieval lines shall not float at or near the surface of the water.
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No float shall have more than 100 square feet of surface area.
Sec. 18-165.07. Utilities.
Utility facilities mav be permitted in the urban environment subiect to the requirements
of this chapter provided:
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Utilitv and transmission facilities shall:
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Avoid disturbance of unique and fragile areas.
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Avoid disturbance of wildlife spawning. nesting. and rearing areas.
.£,.
Overhead utility facilities shall not be permitted in public Darks
monuments. scenic recreation or historic areas.
Utility distribution and transmission facilities shall be designed so as to:
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Minimize visual impact.
~
Harmonize with or enhance the surroundings.
.£,.
Not create a need for shoreline protection.
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Utilize to the greatest extent possible natural screening.
The construction and maintenance of utility facilities shall be done in such a
wav so as to:
Maximize the preservation of natural beauty and the conservation of
resources.
Minimize scarring of the landscape.
Minimize siltation and erosion.
Protect trees. shrubs grasses natural features. and topsoil from drainage.
Avoid disruption of critical aquatic and wildlife stages.
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Rehabilitation of areas disturbed bv the construction and/or maintenance of
utilitv facilities shall:
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Be accomplished as rapidlv as possible to minimize soil erosion and to
maintain plant and wildlife habitats.
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Utilize plantings compatible with the native vegetation.
Solid waste transfer stations shall not be permitted within the shorelines of the
state.
Sec. 18-165.08. Office and commercial development.
Office development mav be allowed in the urban environment subiect to the
requirements of this chapter provided:
1.
b
The office or commercial use or activity is permitted in the underlving zoning
classification.
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:
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If the propertY is developed with a structure within 75 feet of the
ordinary high water mark then the structure can onlv be added to if the
addition will not make the structure anv more nonconforming as to its
setback.
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If a 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.
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Piers. moorages floats and launching facilities will not be permitted in
coni unction with office or commercial development. unless thev are developed
as part of on-site public access to the shoreline.
Sec. 18-165.09. Shoreline protection.
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Shoreline protection mav be permitted in the urban environment provided:
1.
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 qualifv for the RCW
9058030(3)(e)(iii) exemPtion from the shoreline permit requirements the Citv
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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:
.!L
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'
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The proposed bulkhead is more consistent with the intent of the Citv of
Federal Way shoreline master program in protecting the site and
adioining shorelines than other non structural 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
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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.
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A shoreline protection proiect replacing an existing bulkhead shall be placed
along the same alignment as the shoreline protection it is replacing subiect to
the following:
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When a bulkhead has deteriorated such that the ordinary high water
mark has been established bv the presence and action of water landward
of the existin¡¡ bulkhead then the replacement bulkhead must be located
at or as near as possible to the actual ordinary high water mark
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When an existing bulkhead is being repaired bv the construction of a
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 proiects may be
considered a normal protective bulkhead when any structural elements
are consistent with the above requirements and when the project has
been approved bv 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
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elsewhere
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Shoreline protection shall not significantlv interfere with normal surface
and/or subsurface drainage into the water bodv 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 mav used to create or maintain a public Class I beach if thev
complv with all other conditions of this section.
Groins are permitted onlv as part of a public beach management
program. Jetties and breakwaters are not permitted.
Sec. 18-165.10. Recreation.
Recreational development mav be permitted in the urban environment subiect to the
general requirements of this chapter provided:
1.
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The recreational development is permitted in the underlving zone
Swimming areas shall be separated from boat launch areas.
The development of underwater sites for sport diving shall not:
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Take place at dePths of greater than 80 feet.
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Constitute a navigational hazard.
~
Be located in areas where the normal waterborne traffic would constitute
a hazard to those people who mav use such a site.
The construction of swimming facilities piers moora~es floats and launching
facilities below the ordinarv high water mark shall be governed bv the
regulations of sections 18.165.05 and 18.165.06 of this chapter.
Public boat launching facilities mav be developed provided
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The traffic generated bv such a facility can ,be ,afelv and convenientlv
handled bv the streets serving the proposed. facility
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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
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Public pedestrian and bicycle pathways shall be permitted adjacent to water
bodies
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Public contact with uniQue and fragile areas shall be oermitted where it is
possible without destroying the natural character of the area.
2...
Water viewing nature studv recording and viewing shall be accommodated bv
space platforms benches or shelter consistent with public safety and security.
Sec. 18-165.10. Salmon and Steelhead Habitats
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Structures which prevent the migration of salmon and steelhead shall not be
allowed in the portions of the water bodies used bv fish. Fish bvpass facilities
shall allow the upstream migration of adult fish. Fish bypass facilities shall
prevent fry and iuveniles migrating downstream from being trapped or harmed
b
Landfills shall not intrude into salmon and steel head habitats except as
orovided in regulation 3.
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Landfills may intrude into salt water areas used by salmon and steehead for
migration corridors rearing feeding and refuge onlv 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 proiect is designed to minimize its imoacts on the environment:
d. The facility is in the public interest: and
e. If the proiect will create significant unavoidable adverse impacts the impacts
are mitigated bv creating in-kind replacement habitat near the proiect. Where
in-kind replacement mitigation is not feasible. rehabilitating degraded habitat
may be reQuired 1S a substitute
Unless the applicant demonstrates that bioengineering techniQues will not be
successful bulkheads and other shoreline protection structures are prohibited in
salmon and steel head habitat.
Where bulkheads and other shoreline protection structures are allowed the toe
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of the bulkhead or structure shall be located landward of the ordinarv high
water mark except as provided in regulation 6 below Where an existing
bulkhead or structure cannot be removed because of environmental safetv. or
geological concerns the least environmentallv impacting alternative shall be
used Anv replacement bulkhead or shoreline protection structure shall be as
close to the existing structure as possible.
Bulkheads breakwaters ietties groins and other shoreline protection structures
mav intrude into salmon and steelhead habitats onlv where the proponent
demonstrates all of the following conditions are met
a. An alternative alignment or location is not feasible
b. The proiect is designed to minimize its impacts on the environment:
c. The facilitY is in the public interest and
d. If the proiect will create significant unavoidable adverse impacts. the impacts
are mitigated bv creating in-kind replacement habitat near the proiect Where
in-kind replacement mitigation is not feasible rehabilitating degraded habitat
mav be reQuired as a substitute.
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Docks piers pilings and floats mav be located in water areas used bv 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 ordinarv high water mark. Docks piers. pilings and floats shall not be
located in other salmon and steel head habitats. The proiect shall be designed to
minimize its impacts on the environment
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Open pile bridges are the preferred water crossing structures over salmon and
steel head habitats. If a bridge is not feasible one of the following water
crossing structures mav be approved if the impacts are acceptable: temporarv
culverts bottomless arch culverts elliptical culverts or round culverts. These
structures are listed in prioritv order with the first having the highest
preference and the last the lowest preference In order for a lower prioritv
structure to be permitted the applicant must show the higher prioritv structures
are not feasible The proiect shall be designed to minimize its impacts on the
environment
2-
Bridges and in-water utilitv corridors mav 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:
.ill.
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b The protect is located and designed to minimize its impacts on the
environment
c. Anv alternative impacts are mitigated' and
d. Anv landfill is located landward of the ordinary high water mark. Open
piling and piers reQuired to construct the bridge mav 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
mav place native material on the bed and banks of the water bodv 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 bv salmon and
steel head 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 proiect will create significant unavoidable adverse impacts. the impacts
are mitigated bv creating in-kind replacement habitat near the project. Where
in-kind replacement mitigation is not feasible rehabilitating degraded habitat
mav be reQuired as a substitute.
Dredging and the removal of bed materials below the water line is prohibited
within salmon and steelhead spawning areas.
In-water dredge spoil disposal sites shall not be located in salmon and steelhead
habitats.
Landfilling dred¡,ing channelization sand other acti\ities which negatively
impact habitat \ alues are prohibited in wetlands. ponds and side channels
which provide refuge or other habitat for salmon or steel head.
Within salmon and steel head habitats permanent channel changes and
realignments are prohibited.
AQuaculture uses shall not be established in salmon and steel head habitat
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except for areas that are on Iv used for migration corridors This regula:ion
onlv applies to in-water aquaculture uses not upland aquaculture uses.
The removal of aquatic and riparian vegetation within or adiacent to salmon
and steelhead habitats shall be minimized. Trees which shade side channels.
streams rivers ponds and wetlands used bv salmon and steel head shall be
maintained. Areas of disturbed earth shall be revegetated
Unless removal is needed to prevent hazards to life and propertv or to enhance
fish habitat large woodv debris below the ordinarv high water mark shall be
left in the waterwav to provide salmon and steel head habitat.
Outfalls within or upstream of salmon or steel head 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 bv
limiting intensity. providing permanent open space and maintaining adequate building
setbacks from the water to prevent shoreline resources from being destroved for other rural
types of uses.
Sec. 18-166.02. Desil!nation 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
densitv of three units per acre or less
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Shorelines of the city developed for residential purposes where surrounding
land use is residential in character without all urban services
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Shorelines of the citv 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 reauirements.
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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 develooment.
Single familv residential development mav be permitted in the rural environment
subiect to the general requirements of the residential provisions of section 18.165.04 of the
urban environment.
Sec. 18-166.05. Residential Diers. moorage. or launching facilities.
Piers. moorages floats or launching facilities mav be permitted accessorv to a single
familv 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 applv to anv lot that has buildable area
within the shorelines of the city. Buildable area means that area of the lot exclusive of anv
required open space vards. or setbacks upon which a structure may be constructed.
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The minimum required area of a lot in the rural environment shall be five
acres' provided however:
1h
The minimum lot area may be reduced to 15000 square feet when:
.L All lots are part of an approved subdivision or short subdivision.
~ All lots are served by public water.
,t All lots are served by an approved sewage disposal system.
~ All lots are served bv paved streets.
1. All lots have a minimum width of 100 feet.
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Any lot located wholly or partially within the shorelines of the city shall be
subiect to the substandard lot provisions of Chapter 22. Article IV.
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Submerged land within the boundaries of anv 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 orotection.
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Shoreline protection mav be permitted in the rural environment subject to the shoreline
protection provisions of section 18.165.09 of the urban environment.
Sec. 18-166.09. Recreation.
Recreational development mav be permitted in the rural environment subiect to the
general requirements of this chapter and the recreation provisions section 18.165.10 of the
urban environment.
See 18-166.10. Salmon and Steel head Habitat
Salmon and steel head habitat shall be protected under section 18.165.10 (1-18).
Sec. 18-167. Conservancv environment.
Sec. 18-167.01. Purpose.
Conservancv 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 phvsical and biological resources of the area
Sec. 18-167.02. Desismation criteria.
Designation criteria for the conservancv environment shall be:
L
Shoreline areas. regardless of the underlving zoning, which have
environmentallv sensitive areas as defined in 1828
~
Shoreline areas that have poor drainage.
1.
Shoreline areas which are free from extensive development.
!.
Shoreline areas of high scenic value
Sec. 18-167.03. General requirements.
The general requirements for development within a conservancv environment shall be
the same as those for the urban environment section 18.165.03
Sec. 18-167.04. Residential development.
Single familv residential development mav be permitted in the conservancv
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 ordinarv high water mark
-22-
exceot that:
1,.
If the develooment is orooosed on shorelines including one or more sensitiye
areas. as defined in Chaoter 22. Article XIV such develooment shall be done
in accordance with that article.
L
Any oier moorage float or launching facility oermitted accessorv to single
family develooment or a common use facility accessorv to a subdivision or
short subdivision shall be subject to the oier moorage float. and launching
facility orovisions of section 18-165.06 of the urban environment orovided 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 aooly 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 ooen soace. yards or setbacks uoon which a structure may be constructed.
1,.
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The minimum required area of a lot in the conservancy environment shall be
five acres orovided however:
!h
The minimum lot area may be reduced to 35000 square feet when
1,. All lots are Dart of an aooroved subdivision or short subdivision.
L All lots are served by oublic water.
1. All lots are served by an aoDroyed sewage disDosal system.
~ All lots are served by oaved streets.
2 All lots have a minimum width of 100 feet
Any lot located wholly or oartially within the shorelines of the city shall be
subiect to the substandard lot orovisions of Chaoter 22 Article IV.
Submerged land within the boundaries of any waterfront Darcel shall not be
used to comoute lot area lot dimensions yards ooen soace or other similar
required conditions of land subdivision or develooment
Sec. 18-167.06. Utilities.
Utility facilities may be oermitted in the conservancv environment subject to the
utilities requirements of the urban environment and the general requirements of this chaoter.
Sec. 18-167.07. Shoreline orotection.
Shoreline orotection may be oermitted in the conservancy environment subject to the
shoreline orotection orovisions section 18.165.09 of the urban environment
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Sec. 18-167.08. Recreation.
Recreational development may be permitted in the conservancy environment subiect 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 Steehead Habitat
Salmon and steelhead habitat shall be protected under section 18.165.10 (1-18)
Sec. 18-168. Natural enyironment.
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. Desil!:nation criteria.
Designation criteria for the natural environment shall be:
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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.
Shoreline areas considered to best represent the basic ecosystem and geologic
types which are of particular scientific interest.
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Shoreline areas which best represent undisturbed natural areas
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Shoreline areas with established histories of scientific research.
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Those shoreline areas having an outstanding or unique scenic feature in their
natural state.
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In addition to the above criteria the following shJuld be considered when
designating natural environments:
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Areas where human influence and development are minimal
Areas capable of easily being restored to a natural conditions.
Saltwater wetlands.
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Class I beaches.
Sec. 18-168.03. Residential development.
Single family residential development may be permitted in the natural environment
subiect to the general requirements of Chapter 22 Article XI. and the single family
provisions section 18.165.04 of the urban environment: provided single familv residential
development shall maintain a minimum setback of 100 feet from the ordinary high water
mark. except that:
.L
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. mooral!e. or launchinl! facilities.
Piers. moorages floats or launching shall not be permitted in a natural environment.
Sec. 18-168.05. Subdivisions.
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The minimum required area in the natural environment shall be five acres.
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The minimum required lot width in the natural environment shall be 330 feet.
.1.
Anv lot located wholly or partially within the shorelines of the city shall be
considered a legal building site provided that such lot shall be subiect to the
substandard lot provisions of Chapter 22. Article Iv.
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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 shall not be permitted in the natural environment.
Sec. 18-168.07. Recreation.
Recreational development may be permitted in the natural environment subiect to the
general requirements of this chaPter provided:
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The recreational development will not reQuire anv significant filling,
excavation or regrading involving more than 15 percent of that portion of the
site within the shorelines of the city.
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The construction of indoor swimming. pools gvms, and other indoor
recreational facilities is prohibited.
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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 Steel head Habitat
Salmon and steel head habitat shall be protected under section 18.165.10 (1-18).
DIVISION 3. PROCESS
Sec. 18-t4t4 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(,)--Process IV review requirements, § 22-431 et seq.
Sec. 18-MS 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(2450),2-27-90; Ord. No. 97-291, § 3, 4-1-97)
Cross referencc(,)--Process 1I1 review requirements, § 22-386 et seq.
Sec. 18-Mé ill. 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
-26-
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:
(2)
(3)
(4)
(5)
(6)
(7)
(I)
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;
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;
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;
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;
That the public interest will suffer no substantial detrimental effect;
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 swamps; and
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(246010--24.60.40),2-27-90; Ord. No. 97-291, § 3, 4-1-97)
Cross reference(sj--Process 1'1 review requirements, § 22-431 et seq.
Sec. 18-~ 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
-27-
(b) When a conditional use is requested, the substantial development permit and the
conditional use shall be reviewed under the provisions of process ¥ 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
(I)
(2)
(3)
(4)
(5)
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;
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(2470 10--24.70.50), 2-27-90)
Cross reference(s)--Proccss III review reqUIrements, § 22-476 et scq
Sec. 18-tü 173. Final approval of substantial development 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:
-28-
(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 substantial development permit until
30 days following the date of receipt of the substantial development permit by the state
department of ecology, and written notification has been received from the department of
ecology that the review period has been completed.
(Ord No. 90-38, § 1(24.80.10,24.8020),2-27-90)
Sec. 18-M9 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. 18-l-79 175. 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
(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 redesil!nation.
A. Shoreline environments designated bv the master program mav be redesignated bv
the City Council upon finding that such redesignation will be consistent with
I. The policies of Section 2 of the Shoreline Managem~nt Act of 1971.
2. The goals obiectives and policies of the master program
3. The designation criteria of the shoreline environment designation requested
-29-
Federal Way Comprehens;ve Plan - Land Use
ATTACHMENT
office development that allows for a mix of office and
compatible manufacturing type activities. Changes to
the Office Park classification will permit a limited
amount of retail support services, along with the
current mix of office and light manufacturing uses.
Goal
LUGS
Create office and corporate park develop-
ment that is known regionally for its design
andfunction.
Policy
LUP49
Continue to encourage quality office
development in West and East Campus
Office and Corporate Park designations.
Corporate Park
The Corporate Park designation applies to Weyer-
haeuser property generally located east of Interstate
Highway 5. The property is a unique site, both in
terms of its development capacity and natural features.
The Corporate Park f€P-+1land use designation
applies only to the Weyerhaeuser Corporate Campus.
The Corporate Park designation is surrounded by
Office Park designations ðf with OP-I, 2, & 3 zoning.
The eôllupôftlling Office Park zones are anticipated
to develop as corporate headquarters, offices and as
ancillary uses. These types of developments are
characterized by large contiguous sites containing
landscaping, open space, and buildings of superior
quality. Th~ Office Park zones are for the develop-
ment of other corporate headquarters and office parks
that serve to complement Weyerhaeuser Corporate
headquarters. Development standards and conditions
for these two ffl""" designations are unique to Weyer-
haeuser's property and are outlined in a preannexation
concomitant ~ development agreement entered
into by the City and Weyerhaeuser Corporation.
8
2.8.5 SHORELINE MASTER
PROGRAM
PUrDose
The Shoreline Management Act (SMA) identifies
seven land and water use elements that. if appropriate
to the communitv are to be dealt with in the develop-
ment of area-wide shoreline goals. Thev include:
shoreline use, economic development, public access.
conservation recreation. historical/cultural. and
circulation. Master programs are also encouraged to
include anv other elements which, because of present
uses or future needs, are deemed appropriate to
effectuate the policv of the Shoreline Management
Act.
Residential land use of shorelines of the state within
Federal Wav makes up the largest share of the
developed shorelines in the citv. Much of the undevel-
oped shoreline is in private ownership, subdivided
into small lots and presentlv zoned to allow for
residential use. Because of present and future needs of
residential shoreline use. goals and policies have been
formulated as part of a residential element to guide
and plan for that development.
The following comprehensive set of shoreline goals
provide the foundation and framework on which the
balance of the master program has been based. These
goals and policies are reflective of the level of
achievement believed to be intrinsicallv desirable for
all shoreline uses, needs. and developments. and
establish a program policv commensurate with the
intent and obiectives of the Shoreline Management
Act. The policies contained herein should be enforced
through the applicable chapters of the Federal Wav
Cirv Code.
Rev;sed October 1998
11.19
Federal Way Comprehensive Plan - Land Use
Shoreline Use Element
An element which deals with the distribution.
location. and extent of: I) the use of shorelines and
adiacent areas for housing. transportation. office.
public buildin!!s and utilities. education and natural
resources: 2) the use of the water for aquaculture and
recreation: and 3) the use of the water shoreline. and
uplands for other cate!!ories of land and water uses
and activities not sDecified in this master oro!!ram.
Goal
LUG9
Policies
LUP50
LUP51
LUP52
LUP53
LUP54
LUP55
Preserve or deve/oD shorelines adiacent
uDlands. and adiacent water areas in a
manner that assures a balance of shoreline
uses with minimal adverse effect on the
C/ualirv of life water. and environment.
Shoreline land and water areas oarticularlv
suited for sDecific and aDDroDriate uses
should be designated and reserved for such
~
Shoreline land and water uses should satisfy
the economic social. and Dhysical needs of
the regional DoDulation but should not
exceed the physical carrying capacity of the
shoreline areas.
Where aoDroDriate. land and water uses
should be located to restore or enhance the
land and water environments.
Like or comDatible shoreline uses should be
clustered or distributed in a rational manner
rather than be allowed to develop
haDhazardlv.
MultiDle uses of shoreline should be
encoura!!ed where location and integration
of compatible uses or activities are feasible.
Unique and fra!!ile areas of the shoreline
should be Drotected from uses or activities
LUP56
LUP57
that will have an adverse effect on the land
or water environment.
Non-residential uses or activities which are
not shoreline deDendent should be encour-
a!!ed to locate or relocate away from the
shoreline.
Federal Wav shall consider the !!oals
obiectives. and policies within the shoreline
master Drogram in all land use management
actions re!!ardin!! the use or develoDment of
adiacent uDlands or the water areas. adiacent
uDlands and associated wetlands or streams
within its iurisdiction where such use or
develoDment will have an adverse effect on
designated shorelines.
Public Access Element
An element making Drovision for Dublic access to
Dubliclv-owned shorel;nes and assess;n!! the need for
Droviding public access to shoreline areas.
Goal
LUG 10
Policies
LUP58
Increase Dublic access to shoreline areas
Drovided that Drivate riehts DubUc safety
and the natural shoreline character are not
adverselvaffected.
DeveloDment of Dub lie access should
reSDect and Drotect the eniovment of Drivate
rights on shoreline DroDertv.
!h
Shoreline access areas should be Dlanned to
include ancillarv facilities such as Darking
and sanitation when aDDroDriate.
h.,
Shoreline access and ancillarv facilities
should be designed and develoDed to
Drovide adequate Drotection for adjacent
Drivate DroDerties.
Revised October 1998
11.20
Federal Way Comprehens;ve Plan - land Use
LUP59
LUP60
LUP61
LUP62
Public access should be maintained and
regulated.
!!.,
Public access should be policed and
improved consistent with intensitv of use.
LUP63
LUP64
Q.,
Public pedestrian easements should be
provided in future land use authorizations,
and in the case of Federal Wav proiects
along lakes streams. ponds. and marine
lands, whenever shoreline features are
appropriate for public use. Shorelines of the
citv that include but are not limited to anv
of the following conditions should be
considered for pedestrian easements:
Q.,
The provision to restrict access as to nature.
time number of people. and area mav be
appropriate for public pedestrian easements
and other public access areas where there
are spawning grounds, fragile aquatic life
habitats, or potential hazard for Dedestrian
safetv.
L Areas of significant historical. geo-
logical and/or biological circumstances.
L Areas presentlv being legallv used. or
historicallv having been legallv used. bv
the public along the shoreline for
access.
1. Where public funds have been expended
on or related to the waterbodv.
Shorelines of the citv should be available to
all people for passive use and eniovment.
!!.,
Viewpoints. lookouts and vistas of shore-
lines of the citv should be publiclv
accessible.
~
Facilities in public shoreline access areas
should be properlv maintained and operated.
Q.,
New developments should minimize visual
and phvsical obstruction of the water from
shoreline roads and upland owners.
Design of access should provide for the
public health, safelY. and eniovment.
!!.,
Appropriate signs should be used to
designate publiclv owned shorelines.
yeneral policies.
!!.,
Where appropriate, utilitv and transpor-
tation rights-of-wav on the shoreline should
be made available for public access and use.
Q.,
Within the shoreline environment pedes-
trian and non-motorized access should be
encouraged.
Q.,
Publiclv-owned street ends which abut the
shoreline should be retained and/or re-
claimed for public access.
~
Public access to and along the water's edge
should be available in publiclv-owned
shorelines that are tolerant of human
activitv.
~
Shoreline recreational facilities and other
public access points should be connected b\
trails bicvcle pathwavs, and other access
links where appropriate.
Prioritv for access acquisition should
consider resource desirabilitv, availability,
and proximity of population.
!!.,
A shoreline element in the parks acquisition
and development program should be
encouraged so that future shoreline access is
acquired and developed by established
criteria and standards as part of an overall
master plan.
fl
Public pedestrian easements and access
points should be of a nature and scale that
would be compatible with the abutting and
!!.,
Public access should be provided in new
shoreline developments.
There should be incentives to encourage
private property owners to provide shoreline
access.
Revised October 199B
11-21
Federal Way Comprehensive Plan - Land Use
adiacent land use as well as natural features.
including aauatic life.
!è.
Access development should respect and
Drotect ecological and aesthetic values in
the shorelines of the city.
Conservation Element
An element which deals with the preservation of
natural shoreline resources. considering. but not
limited to. such characteristics as scenic vistas.
parkways. vital estuarine areas for fish and wildlife
Drotection. beaches. and other valuable natural or
aesthetic features.
Goal
LUGll
Policies
LUP65
ß
LUP66
Assure Dreservation of uniQue and non-
renewable natural resources and assure
conservation of renewable natural
resources for the benefit of existinl! and
future I!enerations and the Dublic interest.
Shorelines which are of uniaue or valuable
natural character should be acauired for
public benefit. commensurate with
Dreservation of the ecosystem.
ih
Uniaue and fragile areas in shoreline areas
should be designated and retained as open
space. Access and use should be restricted
or prohibited when necessarv for their
preservation.
LUP67
LUP68
LUP69
ih
Through Dolicies and actions Federal Way
should encourage the management and
conservation of fish. shellfish. wildlife. and
other renewable resources.
When appropriate. Federal Way should
acquire those shoreline areas which are
uniaue or valuable. Subsc~uent use of such
areas should be governed bv their ecological
carrving caDacitv.
All renewable natural resources should be
managed so that use or consumption does
not exceed replenishment.
Resource conservation should be an integral
part of shoreline planning.
ih
When feasible. Federal Way should initiate
programs to reverse anv substantial adverse
impacts caused bv existing shoreline
development.
ß
All future shoreline development should be
Dlanned designed and sited to minimize
adverse impact upon the natural shoreline
environment.
Scenic. aesthetic. and ecological Qualities of
natural and developed shorelines should be
recognized and Dreserved as valuable
resources.
ih
When appropriate natural flora and fauna
should be preserved or restored.
ß
In shoreline areas. the natural topography
should not be substantiallv altered.
£,
Shoreline structures should be sited and
designed to minimize view obstruction and
should be visuallv compatible with the
shoreline character.
!l
Wildlife and aquatic habitats. including
spawning grounds. should be Drotected.
improved. and. if appropriate. increased.
Resources should be managed to enhance
the environment with minimal adverse
effect.
ih
Aauaculture in shoreline areas should be
conducted with all reasonable Drecautions to
insure the preservation of the natural
character and aualitv of the shoreline.
Reviseo October 1998
11.22
Federal Way Comprehensive Plan - Land Use
Luno
~
Shoreline activitv and develoDment should
be Dlanned. constructed. and oDerated to
minimize adverse effects on the natural
Drocesses of the shoreline. and should
maintain or enhance the Qualitv of air. soil.
and water on the shoreline.
lessened to the maximum extent vossible.
Sirmificant unavoidable imvacts should be
milizated bv creatinz in-kind revlacement
habitat near the vro/ect where feasible.
Where in-kind revlacement mitization is not
feasible rehabilitatinz dezraded habital
mav be reauired Mitization vrovosals
should be develoved in consultation with the
affected local 'iwvernment the Devartment
of Fisheries the Devartment of Wildlife.
and affected Indian Nalions.
~
Develovmenls which are oulside salmon
and sleelhead habilals bul which have Ihe
valenlial to siznificanllv affecllhese habi-
lats should be located and desizned so thev
do not create siznificant nezative imvacts
on salmon and steelhead habitats.
£.,
Anv structure or activity in or near the water
should be constructed in such a wav that it
will minimize adverse Dhvsical or chemical
effects on water Qualitv. vegetation. fish.
shellfish. or wildlife.
L
Bioenzineerinz is the vreferred bank vro-
tection techniaue for rivers and streams
used bv salmon and steelhead
Q.
Use or activitv which substantiallv degrades
the natural resources of the shoreline should
not be allowed.
~
Oven vile brid'i!es are vreferred for crossinz
water areas used bv salmon and sleelhead
Salmon and sleelhead habilals suvvorl
valuable recrealional and commercial fish-
eries. These habilals should be vrolecled
because oflheir imvortance 10 Ihe aaualic
ecosvslem and Ihe slale and local economy.
fl.
Salmon and sleelhead habilals are:
L Gravel bollomed slreams used for
svawninz:
Slreams lakes. and wellands used for
rearin'i! feedinz. and cover and refuze
from vredalors and hizh walers;
Streams and sail waler bodies used as
mizralion corridors' and
Shallow areas of sail waler bodies used
for rearinz feedinz. and cover and
refuze from vredalors and currents.
!i:
Imvervious surfaces shall be minimized in
uvland develovmenls 10 reduce slormwaler
runoff veaks. Slruclures and uses crealin'i!
siznificanl imvervious surfaces shall in-
clude stormwater detenlion svslems 10 re-
duce stormwaler runoff veaks.
~
L
:L
!?,
Non-waler-devendenl or non-waler-related
uses. activities. structures and landfills
should not be located in salmon and steel-
head habitats.
L
The discharze of silt into walerwavs shall
be minimized durinz in-waler and uvland
conslruction.
'"
Where alternative locations exist. waler-
devendenl and waler-related uses. aeliv-
ilies structures and landfills should not be
located in salmon and sleelhead habilals.
l
Adovt-A-Stream vro'i!rams and similar
efforls to rehabilitate salmon and steelhead
svawni",! streams are encourazed.
fL
Where uses activilies struclures. and land-
fills must locate ill salmoll and steelhead
habitals impacts Oil these areas should be
t
Fisherv enhallcemenl vroiects are eneour-
azed where the v will nol si'i!llificalltlv
interfere with other hellefieiaillses.
L
Proiect vrof)(J1Iellts shollid contact the Hahi-
tat Mallazemellt Divisioll of the Devartmelll
of Fisheries the flahitat Dil'isiOIl "fthe
Rev;sed October 1998
11.23
Federal Way Comprehensive Plan - land Use
Deaartment of Wildlife or affected Indian
Nations earlv in the develoament arocess to
determine if the aroaosal will occur in or
ad/aGent to a salmon and steelhead habitat.
g¡"
When reviewinrl aermits for uses activities
and structures aroaosed for salt water
areas streams wetlands aonds connected
to streams and shorelines ad/aGent to these
areas' staff should contact the Habitat
Manarlement Division of the Department of
Fisheries or the Habitat Division of the
Deaartment of Wildlife to determine if the
proaosal will occur in or affect an adiacent
salmon or steelhead habitat. Staff should
also contact affected Indian Nations.
Recreation Element
An element for the Dreservation and expansion of all
tvDes of recreational opportunities throu~h Dro~rams
of acquisition. development. and various means of
less-than-fee acquisition.
Goal
LUG12
Policies
M:fP76
LUnl
Provide additional shoreline deaendent and
water oriented recreation oaaortunities that
are diverse convenient and adeQuate for
the rerlional aoaulation consistent with the
carrvinrl caaacitv of the land and water
resources.
Areas containin~ special shoreline recrea-
tion Qualities not easilv <!lliilicated should be
available for Dublic use and eniovment.
Jk
Opportunities should be Drovided for the
Dublic to understand natural shoreline Dro-
cesses and experience natural resource
features.
blJPH
Lun2
Q,
Public viewin~ and interpretation should be
encoura~ed at or near ~overnmental shore-
line activities when consistent with securitv
and Dublic safetv.
Shoreline recreational use and development
should enhance environmental nualitv with
minimal adverse effect on the natural
resources.
Jk
Stretches of relativelv inaccessible and
unspoiled shoreline should be available and
desi~nated as low intensitY recreational use
areas with minimal development. Service
facilities such as footpaths DeriDherv
Darkin~. and adequate sanitarv facilities
should onlv be allowed where appropriate.
Q,
Beaches and other Dredominantlv un-
developed shorelines alre3d, ~oDular should
be available and desi~nated as medium in-
tensitY recreational use areas to be free from
expansive development; intensitv of use
should respect and Drotect the natural
Qualities of the area.
c~
Small or linear portions of the shoreline
suitable for recreational nurposes should be
available and designated as transitional use
areas that allow for variable intensities of
use. which mav include vista Doints Dedes-
trian walkwavs water entrv Doints. and
access from the water; utilizing stream
floodplains. street ends. steeD slopes. and
shoreline areas adiacent to waterfront roads.
>l
At suitable locations. shorelines should be
made available and designated as high
intensi, " use areas that provide for a wide
varietv of activities.
~
Overall design and development in shore-
line recreational areas should be responsive
to the site characteristics of those areas and
be consistent with the level of use in the
area concerned.
Revised October 1998
11.24
Federal Way Comprehensive Plan - land Use
l::YPn
LUP73
l::ffP'B
LUP74
[
Recreation areas on the shoreline should
have adeauate surveillance and
maintenance.
&.
The public should be provided with addi-
tional off-site and on-site lI.uidance and
control to protect shoreline resources.
~
Where a wide berm is needed for drv beach
recreation. and phvsical conditions permit
sand retention. consideration should be
lI.iven to creatinll. a Class I beach' when such
development does not destrov valuable biota
or uniaue phvsical conditions.
L
Access to recreational shoreline areas
afforded bv water and land circulation svs-
tems should be determined bv the concept
of optimum carrvinll. capacity and
recreational aualitv.
i
Non-water oriented recreational facility
development should be kept inland awav
from the water's edll.e. except where appro-
priate in hill.h intensive shoreline use areas.
The provision of adeauate public shoreline
recreation lands should be based on an
acauisition plan with a clear public intent.
A balanced variety of recreational oppor-
tunities should be provided for people of
different all.es health familv status and
financial abilitv.
i!.,
Appropriate specialized recreation facilities
should be provided for the developmentallv
.¡isabled. or others who mill.ht need them.
Q.,
Shoreline recreation areas should provide
opportunities for different use intensities
'Pursuanl to Federal Wa\" Citv Code. Chapter 18. Article
III. Section 18-163. a uCla.".' I beach means a beach or shore
having dependable. geologicallv fullv developed. apd normallv
dry backshare abave high tide'"
£.,
ranll.inll. from low (solitude) to hill.h (many
~
Opportunities for shoreline recreational
experiences should include developinll.
access that accommodates a ranll.e of
differences in people's phvsical mobility.
capabilities and skill levels.
fl
Shoreline recreational experiences should
include a wide ranll.e of different areas from
remote-outdoor undeveloped areas to hill.hly
developed indoor-outdoor areas.
~
Recreational development should meet the
demands of population II.rowth consistent
with the carrvinll. capacitv of the land and
water resources.
Circulation Element
An element dealinll. with the location and extent of
existinll. and proposed maior thoroulI.hfares. trans-
portation routes and other public facilities: and
coordinatinll. those facilities with the shoreline use
elements.
Goal
LUGl3
Policies
H:!P'J4
LUP75
Circulalion svstems in shoreline areas
should be limited to those which are shore-
line dependent or would serve shoreline
dependent uses. The phvsical and social
environment shall be protected from the
adverse effect of those svstems on the
aualitvofwater life. or environment.
New surface transportation development
should be desill.ned to provide the best pos-
sible service with the least possible infrinll.e-
mcnt upon the shoreline environment.
Revised October 1998
11.25
Federal Way Comprehensive Plan - land Use
~
LUP76
¡,yp:¡(,
LUP77
!h
New transportation facilities and imDrove~
ments to existing facilities that substantially
increase levels of air. noise. odor. visual. or
water Dollution should be discouraged.
HfIJn
~
WP'J8
LUP79
Shoreline circulation svstems should be
adaptable to changes in technology.
!h
Federal Way should Dromote and encourage
modes oftransDortation which consume the
least amount of energv while Droviding the
best efficiencv with the least Dossible
Dollution.
General Dolicies.
!h
New transportation developments in shore-
line areas should Drovide turnout areas for
scenic stops and off road rest areas where
the toDograDhv view and natural features
warrant.
12,
TransDortation corridors should be designed
to harmonize with the toDograDhv and other
natural characteristics of the shoreline
through which they traverse.
12,
Shoreline roadway corridors with unique or
historic significant. or of great aesthetic
quality. should be retained and maintained
for those characteristics.
£.
New transportation facilities crossing lakes.
streams or wetlands should be encouraged
to locate in existing corridors. except where
any adverse impact can be minimized bv
selecting an alternate corridor.
£.
Surface transportation facilities in shoreline
areas should be set back from the ordinary
high water mark far enough to make unnec-
s-sarv such Drotective measures as rio-ran or
other bank stabilization. landfill bulkheads.
groins. ietties. or substantial site regrade.
Residential Element
An element dealing with housing densities. residential
subdivisions shorelinc access. necessary support
services. and locations of single-familv dwellings
(including manufactured homes) and multi-familv
dwellings without distinction between Dart-time or
full-time occupancy.
Goal
LUG14
Shoreline residential areas shall permit a
varietv of housilll! /VMS alld desi!!lIs with
dellsi(ies alld locations collsistell( wifh (he
ahilitv of ohvsical and natural features (0
accommodate (hem.
Circulation systems should be located and
attractively designed so as not to unneces-
sarilv or unreasonablv Dollute the Dhysical
environment or reduce the benefits DeoDle
deriye from their DrODertY: and they should
encourage alternative routes and modes of
travel.
!h
Motorized vehicular traffic on beaches and
other natural shoreline areas should be
Drohibited.
12,
TransDortation facilities Droviding access to
shoreline developments should be Dlanned
and designed in scale and character with the
use DroDosed.
£.
Circulation routes should provide for non-
motorized means of travel.
Circulation svstems disruptive to Dublic
shoreline access and other shoreline uses
should be relocated where feasible.
!h
TransDortation elements disruptive to the
shoreline character which cannot feasibly be
relocated should be conditioned or land-
scaped to minimize visual and noise
pollution.
Re"se~ October 1998
1I~26
Federal Way Comprehensive Plan - land Use
Policies
~
LUP80
HfP8(J
LUP81
Residential developments should be exclu-
ed from shoreline areas known to contain
development hazards or which would
adverse Iv impact sensitive areas as identi-
ied in Chapter 18 Division 6 of the Federal
Wav Citv Code.
!h
Residential development should be pro-
hibited in floodplains within the 100 vear
floodplain.
WP8f
LUP82
~
LUP83
£.,
Landfill for residential development which
reduces water surface or floodplain capacitv
should not be permitted.
ß
Residential development should be pro-
hibited in areas of severe or verv severe
landslide hazard.
!L
In residential developments the water's edge
should be kept free of buildings and fences.
£.,
Residential development should be regu-
lated in shoreline areas with slopes of 40
percent or greater.
~
Everv reasonable effort should be made to
insure the retention of natural shoreline
vege ation and other natural features of the
landscape during site development and
construction.
!L
Shoreline areas containing other potential
hazards (e. g.. geological conditions un-
stable subsurface conditions. erosion
hazards. or groundwater or seepage prob-
lems) should be limited or restricted for
development.
Residential use of shorelines should not
displace or encroach upon shoreline
dependent uses.
Residential densities should be determined
with regard for the phvsical capabilities of
the shoreline areas, public services require-
ments. and effects such densities have on
the environment.
!h
Subdivisions and new development should
be designed to adequatelv protect the water
and shoreline aesthetic characteristics.
~
The burden of proof that development of
these areas is feasible. safe, and ecologically
sound is the responsibility of the developer.
ß
New residential development should onlv be
allowed in those shoreline areas where the
provision for sewage disposal and drainage
wavs are of such a standard that adioining
water bodies would not be adversely affec-
ed bv pollution or siltation.
Residential developments should have min
mal impact on the land and water
environment of the shoreline and minimize
visual and phvsical obstruction.
!h
Residential development should be regu-
lated in identified unique and fragile areas
as required under the city's sensitive areas
regulations.
£.,
Residential development along shorelines
should be set back from the ordinarv high
water mark far enough to make unnecessar\
such protective measures as filling, bulk
heading, construction groins or ietties, or
substantial regrading of the site.
ß
Residential development on piers or over
water should not be permitted.
!L
Residential developments should be
designed to enhance the appearance of the
shoreline and not substantiallv interfere
with the public's view and access to the
water.
Revised October 1998
11-27
Federal Way Comprehensive Plan - land Use
Shoreline Environments
Purpose
In order to more effectively implement the Iloals.
objectives. and policies of this master prollram and the
Shoreline Manallement Act the shorelines of the state
within Federal Way have been catellorized into four
separate environment desillnations. The purpose of
these desillnations is to differentiate between areas
whose Ileollraphjcal features and existinll development
pattern imply differinll obiectives rellardinll their use
and future development.
Each environment represents a particular emphasis in
the type of uses and the extent of development which
should occur within it. The system is desillned to en-
ouralle uses in each environment which enhance the
character of the environment while at the same time
reauirinll reasonable standards and restrictions on
development so that the character of the environment
is not destroyed.
The detenninatjon as to which desjllnation should be
Iliven to any specific shoreline area has been based on.
and is reflective of. the existinll development pattern;
the biophysical capabilities and limitations of the
land' and the Iloals and aspirations of the local
citizenry.
Each environment catellorv includes: 11) a definition
describinll the development. use. and/or features
which characterize the area; 12) a purpose which clari-
fies the meaninll and intent of the desillnation' and. 13)
Ileneral policies desillned to rellulate use and develop-
ment consistent with the character of the environment.
Urban Environment
The urban environment is an area ofhillh-intensitv
land use includinll residential. office. and recreational
development. The environment is particularlv suitable
to those areas presently subiected to intensive land use
pressure. as well as areas planned to accommodate
urban expansion.
The purpose of desillnating the urban environment is
to ensure optimum utilization of shorelines within
urbanized areas bv pennitting intensive use and bv
managjnll development so that it enhances and
mainains the shoreline for a multiplicity of urban uses.
The environment is designed to reflect a policy of
inreasing utilization and efficiency of urban areas.
promote a more intensive level of use through
redevelopment of areas now underutilized. and
encourage multi ole use of the shoreline if the maior
use is shoreline dependent.
Policies
/:;ffP83
LUP84
fÆIJ84
LUP85
bfIP85
LUP86
HJP86
LUP87
l:f:Il>M
LUP88
WP88
LUP89
Emphasis should be given to development
within already developed areas.
Emphasis should be given to developing
visual and physical access to the shoreline
in the urban environment.
To enhance the waterfront and insure max-
imum public use. commercial facilities
should be designed to permit pedestrian
waterfront activities consistent with public
safety and security.
Multiple use of the shoreline should be
encouraged.
Redevelopment and renewal of substandard
areas should be encouraged in order to
accommodate future users and make
maximum use of the shoreline resource.
Aesthetic considerations should be activelv
promoted bv means of sign control regula-
tions. architectural design standards. land-
scaping reauirements. and other such
means.
Revised October 1998
11-28
Federal Way Comprehensive Plan - Land Use
MfP8I)
LUP90
Development should not significantlv
degrade the Qualitv of the environment.
including water Qualitv and air Qualitv. nor
create conditions which would accentuate
erosion. drainage problems. or other adverse
impacts on adiacent environments.
Rural Environment
The rural environment is intended for shoreline areas
characterized bv agricultural uses. low densitY resi-
dential (where most urban services are not available),
and areas which provide buffer zones and open space
between predominantlv urban areas. Undeveloped
shorelines not planned for urban expansion or which
do not have a high prioritY for designation in an
alternative environment and recreational uses com-
patible with agricultural activities are appropriate for
the rural environment.
The purpose of designating the rural environment is to
preserve agricultural land. restrict intensive develop-
ment along undeveloped shorelines function as a
buffer between urban areas. and maintain open spaces
and opportunities for recreational uses within the
ecological carrying caoacitv of the land and water
resource. New developments in a rural environment
should reflect the character of the surrounding area bv
limiting densitY. providing permanent open space. and
maintaining adequate building setbacks from the
water to prevent shoreline resources from being
destroved for other rural tvoes of uses.
Policies
H:fP9(J
LUP91
Recreational access to the shorelines should
be encouraged. Recreational facilities
should be located and designed to minimize
conflicts with other activities.
HIP9f
LUP92
New development should reflect the
character of the surrounding area bv limit-
in¡¡: residential densitv. providing permanent
open space. and maintaining adequate
building setbacks from the water.
Conservancv Environment
The conservancv environment consists of a shoreline
areas which are primarilv free from intensive develop-
ment. It is the most suitable designation for shoreline
areas of high scenic or historical values. for areas un-
suitable for development due to bioohvsicallimita-
tions. and for commercial forest lands.
Conservancv areas are intended to maintain their exis-
ting character. This designation is designed to protect.
conserve and manage existing natural resources and
valuable historic and cultural areas. The preferred uses
are those which are nonconsumptive of the ohvsical
and biological resources of the area.
Policies
~
LUP93
~
LUP94
LU.DU
LUP95
WP95
LUP96
HJP96
LUP97
H:!P'H
LUP98
New development should be restricted to
those which are compatible with the natural
and bioohvsicallimitations of the land and
water.
Diverse recreational activities which are
compatible with the conservancv environ-
ment should be encouraged.
Development which would be a hazard to
public health and safetY. or would materi-
allv interfere with the natural processes
should not be allowed.
The flood hazard overzone regulations shall
aoolv to development within flood plains.
Struct'lral flood control devices should be
stronglv discouraged in the conservancv
environment.
In areas with oooriv draining soils. develop-
ment should not be allowed unless con-
nected to a sewer line.
Revised October 199B
11-29
Federal Way Comprehensive Plan - land Use
£f:l,"'98
LUP99
DeveloDment should be regulated so as to
minimize the following: erosion or sedi-
mentation. the adverse imDact on aquatic
habitats. and substantial degradation of the
existing character of the conservancv
environment.
Natural Environment
The natural environment consists of areas character-
ized bv the Dresence of some unique natural features
considered valuable in their undisturbed or original
condition and which are relativelv intolerant of
intensive human use. Such areas should be essentiallv
free from develoDment or be caDable of being easilv
restored to natural condition. and thev should be large
enough to Drotect the value of the resource.
The Dumose of designating the natural environment is
to Dreserve and restore those natural resource svstems
existing relativelv free of human influence. These
svstems require severe restrictions of intensities and
tvDes of uses Dermitted so as to maintain the integritv
of the natural environment.
Policies
bYP99
LUPIOO Natural areas should remain free from all
deveioDment which would adverse Iv affect
their natural character.
I::f:IPHJ(J
LUPIOI
The intensitv and tvDe of uses Dermitted
should be restricted in order to maintain the
natural svstems and resources in their
natural condition.
WP-HH-
LUPlO2 Limited access should be allowed to those
areas in the natural environment.
HfPHH
LUPIO3
Uses which are consumDtive of the Dhvsical
and biological resources. or which mav
degrade the actual or Dotential value of the
natural environment. should be Drohibited.
H:J{Jf(E
~
Uses and activities in locations adiacent to
natural areas should be stricti v regulated to
insure that the integritv of the natural
environment is not comDromised.
Shoreline Use Activities
PurDose
Shoreline use activities are sDecific uses. or groUDS of
similar uses. that have been outlined bv the DeDart-
ment of Ecologv Final Guidelines as being character-
istic of the shorelines of the state. Thev have been
formulated as imDlementing tools to further carry out
the intent and Dolicv of this master Drogram and the
Shoreline Management Act. Thev also reDresent a
maior criterion to be used in evaluating DroDosed
develoDment and alterations to the shoreline environ-
ment: with their ultimate influence. to a large extent.
deDendent UDon how well thev are enforced.
The Dolicies that make UD each use activitv have been
founded on the Dremise that all reasonable and aDDro-
Driate uses require regulatorv control. Other Drovi-
sions such as a view enhancement. Dublic access.
erosion control water qualitv. long term benefits. and
aesthetic considerations have also been reflected in
Dolicv statements.
Shoreline uses and activities not sDecificaliv identi-
fied. and for which Dolicies have not been develoDed
will be evaluated on a case bv case basis and will be
required to meet the intent of the goals and obiectives
of this master Drogram the Dolicv of the Shoreline
Management Act. and shall be consistent with the
management Dolicv and character of the shoreline
environment in which thev oroDose to locate.
Aquatic Resource Practices
Of all facets ofeconomic shoreline activitv. oro-
duct ion from fisheries is the most vulnerable to
massive destruction from an error in environmental
control. Close monitoring of water qualitv and an
aggressive Dolicv of Dollution abatement and control
Revised October 1998
11-30
Federal Way Comprehensive Plan - land Use
are mandatorv for full realization and sustenance of
this economic base.
Aquaculture addresses state hatcheries. commercial
hatcheries and beds and natural hatcheries and beds
within Federal Wav shorelines. Underwater aquaria
are considered as aquaculture although the use is
orincioallv recreational.
Aquaculture has two modes:
1.. The harvest of uncontained plant and animal
pooulations that exist on the nutrients and foods
available in the environment restock themselves
according to the fecunditv of the copulation. and
survive as the food and nature allow.
L Artificial stocking or raising of stock in feedlots
or oens using selective breeding and controlled
feeding orograms for increasing oroduction and
rearing a uniform product.
Pen culture requires confinement and the oresence of
fixed structures that comoete for space. Pens. rafts.
and hatcheries require certain environmental condi-
tions to assure the survival of their contained oooula-
tions. Some of these conditions are small wave forces.
good flow good water qualitv temoerature limits.
good anchoring ground and accessibilitY. and oos-
siblv good natural food and nutrient suoolv.
The confinement of fish or shellfish in concentration
imposes an extreme biological load in a small area.
Dense oooulations degrade water qualitY and deoosit
heavv fecal sediments below the Dens or on the floor
of embavments. The orincioal impacts of aquacultural
activitv within the shoreline are:
1.. Pollutants in the water bodv such as fish. organic
wastes. and additives for feeding and disease
control.
L Navigation hazards such as holding oens rafts.
nets and stakes.
1. Watercourse alteration to suoolv water.
1, Netting and flooring of river beds for soawning
channels.
i, Shoreline access limitations where shellfish are
being orotected and contained.
Policies
bf:!PHJ4
LUP1O5
Federal Wav's suooort should be given to
the State Deoartments of Fisheries and
Game to imorove stream conditions. ooen
new spawning areas. and establish new fish
~
WPHJ5
LUP]O6 Pens and structures for commercial aqua-
culture should not be located on Class I
beaches. or swimming beaches.
HfP#J6
LUP]O7 Aquacultural enterorises should be located
in areas which would not significantlv
restrict navigation.
H:JPffR'
LUP]O8 In aquaculture enterorises. develooment of
multi ole aquaculture svstems should be
encouraged.
Hfl1#J8
LUP]O9 Aquacultural structures should use ooen pile
construction where significant littoral drift
occurs.
H:IPHJ9
LUPllO
Prior to use of an area for aquacultural
enterorises. consideration should be given to
the caoabilitv of the water bod v to absorb
ootential wastes.
HfPff(J
LUP]]] Shoreline areas having extremelv high
natural ootential for aquaculture should be
preserved for that ouroose.
Revised October 1998
11-31
Federal Way Comprehensive Plan - land Use
Commercial DeveloDment
Commercial develooment oertains 2enerallv to the use
or construction of facilities for transaction and sale of
200ds and services as oooosed to industrial develoo-
ment (treatment t02ether with oorts) which oertains to
the desi2n and fabrication of oroducts.
The orincioal imoact factors uoon the shoreline from
commercial develooment are oollutants (e.IZ.. erosion.
sedimentary chemical and microbial) and aesthetic
destruction. Erosiye oollutants from commercial
deyelopment are lZenerated from surface runoff and
both surface and sub-surface subsidence. Chemical
oollution is derived from fuel soilialZe. Microbial
loadin2 arises from Door containment of or2anic
wastes associated with human habitation and recrea-
tional activities.
Policies
HfPfH
LUP112 Consideration should be made of the effect
a structure will have on scenic value.
bf:IPfÐ
LUP113
Commercial structures and ancillarY facili-
ties that are not shoreline deoendent or
water-oriented should be placed inland
away from the immediate water's edlZe.
bl:fIJlH
LUPI14
The use of porous materials should be
encouralZed for oaved areas to allow water
to penetrate and percolate into the soil. Use
ofholdinlZ systems should be encouralZed to
control the runoff rate from oarkin2 lots and
rooftoos.
f:ÆlJl-f4
LUP115
Commercial enterprises locatin2 within
shoreline areas should be constructed to
withstand normal rain and floodin2 con-
ditions without contributinlZ pollution to the
watercourse or shoreline.
H:I:PH5
LUP116 Commercial development which is not
shoreline dependent should provide a buffer
zone of ve2etation for erosion control.
Utilities
Few. if any utility systems could be installed com-
pletely without comin2 under the iurisdiction of this
master prolZram. The focus of the policies in this
section is on how these utility facilities within the
shoreline environment can be planned. desi2ned.
constructed. maintained. and rehabilitated to be
consistent with the intent of the Shoreline
ManalZement Act.
Tyoes of utili tv facilities in Federal Way varY from
relZional transmission by trunklines pioelines. and
transmission lines to subre2ional distribution facili-
ties. These are essentially oipes and wires. Re2ional
facilities 2enerally are hilZh volta2e or h;2h pressure
systems with substantial potential impact in case of
failure. Their imoacts on the environment are also
2enerailY IZreater because of their scale and safety
reQuirements.
The tvoes of utilities covered are communications
(radio. TV and telephone). enerlZY distribution
(petroleum oroducts. naturallZas. and electricity).
water. sanitarY sewers. and storm sewers.
Policies
l:IfPH6
LUPI17
Utilities which lead to 2rowth should not be
extended into or along shorelines without
prior approval of such extension by appro-
priate land use authoritv.
bffI>fH
LUP118 Utilities located in shoreline environments
inappropriate for development should not
make service available to those areas.
MfPfHJ
LUPII9 In develooed shorelines not served by
utilities. utility construction should be
encouraged to locate where it can be shown
Revised October 1998
11.32
Federal Way Comprehens;ve Plan - land Use
HfPff9
LUPI20
~
LUPI2I
l;l;!I>ffi
LUPI22
l:l:fI>m
LUPI23
WPm
LUPIU
that water qualitv will be maintained or
imoroved.
Federal Wav should be consulted orior to,
or at the time of aoolication for construc-
tion of regional utilitY facilities to be
located in or along shorelines.
Utilitv corridors crossing shorelines of the
state should be encouraged to consolidate
and concentrate or share rights-of-wav
where:
!h
Public access (including view) would be
imoroved.
!h
Concentration or sharing would not hinder
the abilitY of the utilitY svstems to be in-
stalled. ooerated, or maintained safelv.
£.
Water qualitY would be as good or better
than if seoarate corridors were Dresen\.
Public access consistent with oublic safetv
and securitY should be encouraged where
rights-of-wav for regional utilitY facilities
cross shorelines of the citY.
New utilitv facilities should be located so as
neither to require extensive shoreline oro-
tection nor to restrict water flow circula-
tion, or navigation.
Utilitv facilities and rights-of-wav should be
selected to oreserve the naturallandscaoe
and minimize conflicts with oresent and
planned uses of the land on which thev are
located.
HJ.Il-H4
LUPI25 New utilitv routes should be designed to
minimize detrimental visual imoact from
the water and adiacent uolands.
H:f/JIi5
LUPI26 New free standing oersonal wireless service
facilities are discouraged from locating
within the shoreline environment.
Shoreline Protection
Shoreline orotection is action taken to reduce adverse
imoacts caused bv curren\. flood. wake, or wave
action. This action includes all structural and non-
structural means to reduce these imoacts due to
flooding. erosion. and accretion. Soecific structural
and non structural means included in this use activitv
are bulkheads. riD-caD, bank stabilization, and other
means of shoreline orotection.
The means taken to reduce damage caused bv erosion.
accretion, and flooding must recognize the oositive
asoects of each. so that the benefits of these natural
occurrences will be retained. even as the oroblems are
dealt with. Erosion does not exist without accretion of
material eroded be it a bench or a sandbar. Likewise.
accretion cannot occur unless material has been
eroded.
Policies
l:.fl-PH6
LUPI27
Structural solutions to reduce shoreline
damage should be allowed onlv after it is
demonstrated that nonstructural solutions
would not be able to reduce the damage.
HfI>H-7
LUPI28
Planning of shoreline orotection should
encomoass sizable stretches of lake or
marine shorelines. This olanning should
consider oft~site erosion. accretion. or flood
J"mage that might occur as a result of
shoreline orotection structures or activities.
H!PH8
LUPI29 Shoreline orotection on marine and lake
shorelines should net be used as the reason
for creating new or newlv usable land.
Rev;sed October 1998
11-33
Federal Way Comprehensive Plan - land Use
I:;ffI1H9
LUP130 Shoreline Drotection structures should allow
DaSSage of ground and surface waters into
the main water bodv.
M:1PHfJ
LUP131 Shoreline Drotection should not reduce the
volume and storage capacitY of rivers and
adiacent wetlands or flood Dlains.
WPHJ.
LUP132
Whenever shoreline Drotection is needed.
bioengineered alternatives such as natural
benns and erosion control vegetation Dlans
should be favored over hard surfaced struc-
tural alternatives such as concrete bulkheads
and sheet Diles.
~
LUP133 The burden of Drooffor the need for shore-
line Drotection to Drotect existing or Dro-
Dosed developments rests on the applicant.
HJPæ
LUPIN
Shoreline Drotection activities which mav
necessitate new or increased shoreline
Drotection on the same or other affected
DroDerties where there has been no Drevious
need for Drotection should be discouraged.
I:fIII.H4
LUP135 New development should be encouraged to
locate so as not to require shoreline
Drotection.
H:fIJH5
LUPI36
Areas of significance in the spawning.
nesting. rearing. or residencv of aquatic and
terrestrial biota should be given special
consideration in reviewing of shoreline
Drotection actions.
HfIJH6
LUP137 Shoreline Drotection actions should be
discouraged in areas where the v would
block beach Darent material.
bl:IJ1I.#
LUP138 MultiDle use of shoreline Drotection struc-
tures or nonstructural solutions should be
encouraged.
Transportation Facilities
The circulation network use category addresses trans-
Dortation facilities such as roads. railroads bridges.
trails. and related facilities. The impact of these facil-
ities on shorelines can be substantial. Some existing
facilities were constructed to serve transportation
needs of the moment with a minimum expenditure and
verv little assessment of their Drimarv or secondary
impacts on shoreline aesthetics. Dublic access to the
water. and resultant effects on adiacent oroDerties and
water quality. Planning for new transportation facil-
ities within the shoreline area todav requires a greater
awareness of the environmental impacts transportation
facilities will have on shorelines. in addition to the
necessitY for integrating future shoreline land use
Dlans with the transportation svstem that serves
developments on the shoreline.
Policies
bffPHIJ
LUP139
Pedestrian access should be built where
access to Dublic shorelines is desirable and
has been cut off bv linear transportation cor-
ridors. New linear facilities should enable
Dedestrian access to Dublic shorelines where
access is desirable.
bl:IIJH9
LUP140
New surface transportation facilities not
related to. and necessary for the SllDDort of.
shoreline activities should be set back from
the ordinary high water mark far enough to
make unnecessarv Drotective measures such
as riD ran or other bank stabilization. land-
fill. bulkheads. groins ietties or substantial
site regrade.
HfpH(J
LUP141 Shoreline transportation facilities should be
encouraged to include in their design and
P,v;sed October 1998
11-34
Federal Way Comprehensive Plan - land Use
LUN41
LUPI42
~
LUPl43
bffIII.Ø
LUPl44
HfPfH
LUPl45
development multi-modal provisions where
public safetv can be assured.
Shoreline transportation facilities should be
planned to fit the topographv and minimize
cuts and fills' and should be designed. lo-
cated and maintained to minimize erosion
and degradation of water auality and to give
special consideration to shoreline aesthetics.
Transoortation and utilitv facilities should
be encouraged to coordinate ioint use of
rights-of-wav and to consolidate crossings
of water bodies when adverse impact to the
shoreline can be minimized bv doing so.
Transoortation facilities should avoid shore-
line areas known to contain development
hazards (e.g. slide and slump areas Door
foundation soils. marshes. etc.).
Transoortation facilities should minimize
shoreline rights-of-wav bv orienting gener-
allv oeroendicular to the shoreline where
topographic conditions will allow.
WPH5
LUPl46 Shoreline roadwavs should have a high
orioritv for arterial beautification funds.
~
LUPU7 Abandoned road or railroad rights-of-wav
which contain uniaue shoreline amenities
should be acauired for public benefit.
HJ.P.I.R'
LUPU8 Federal Wav should extend its trail and
bicvcle trail svstem, oarticularlv as it relates
to shorelines to western Federal Wav.
H:fPf.f8
LUPl49 All transportation facilities in shoreline
areas should be constructed and maintained
to cause the least possible adverse impacts
on the land and water environments, should
respect the natural character of the shore-
line. and should make everv effort to ore-
serve wildlife. aauatic life. and their
habitats.
Piers and Moora!!es
A pier is a structure built over or floating uoon the
water extending from the shore. Some are used as a
landing place for marine transport or for recreational
watercraft. Piers are designed and constructed as
either water (floating) or aile supported. both of which
have positive and negative environmental aspects.
Floating Diers generallv have less of a visual impact
than those on oiling and thev orovide excellent orotec-
tion for swimmers from boat traffic. Floating Diers
however. interrupt littoral drift and can starve down
current beaches where aile Diers do not. Pile Diers can
provide a diverse habitat for marine life. Both types
can create impediments to boat traffic and near-shore
trolling, Pier construction reauires regulation to oro-
tect navigation rights preserve shoreline aesthetics,
and maintain the usable water surface and aauatic
lands for life forms characteristic and important to
those areas.
Policies
l::ffPI49
LUP150
Open aile oier construction should be ore-
ferred where there is significant littoral
drift. where scenic values will not be im-
paired, and where minimal alteration to the
shoreline and minimal damage to aauatic
resources can be assured.
HfPf5(J
LUP151 Floating pier construction should be ore-
ferred in those areas where scenic values are
~
H:!P+5f
LUP152 Piers should be discouraged where conflicts
with recreational boaters and other recrea-
tional water activities would be created by
oier construction.
Revised October 1998
11.35
Federal Way Comprehensive Plan - Land Use
£T:!Pl51
LUP153
I:fIPl.B
LUPl54
The random Drol iferation of single Durpose
Diers should be discouraged. Preference
should be ",iven to shared use of Diers in all
shoreline areas.
TemDOrary moorages should be Dermitted
for vessels used in the construction of
shoreline facilities. The design and con-
struction of such moorages shall be such
that upon termination of the Droiect the
aQuatic life can be returned to their original
condition within one year at no cost to the
environment or the Dublic.
HJPI54
LUP155 Shoreline structures that are abandoned or
structurally unsafe should be abated.
I:f:IPI.55
LUP156
Substantial additions or alterations. inclu-
din", but not limited to substantial develoD-
ments. should be in conformance with the
Dolicies and regulations set forth in the
master Dro",ram.
l:ffPf56
LUP157 Piers. docks. buoys and other moora",es
should only be authorized after consid-
eration of:
!h
12.,
The effect such structures have on wildlife
and aQuatic life water Qualitv. scenic and
aesthetic values uniQue and fra",ile areas.
submer",ed lands. and shoreline ve",etation.
The effect such structures have on navi",a-
tion. water circulation. recreational and
commercial boatin",. sediment movement
and littoral drift. and shoreline access.
bl:fI>f5-i'
LUP158 Moora",e buoys should be Dreferred over
floatin", and pile constructed Diers on all
tidal waters.
~
Floatin!! structures and oven vile structures
are vreferred over landfills or solid struc-
tures in water areas used bv salmon and
steelhead.
Recreation
Recreational experiences that depend on or utilize.
the shoreline include: harvestin", activities of fish.
shellfish. fowl. minerals. and driftwood; yarious forms
of boat in",. swimmin", and shoreline Dathwavs: and
watchin", or recordin", activities. such as Dhoto",raDhv
Daintin",. or the viewin", of water dependent activities.
Principal focal Doints are at Darks and access beaches.
road ends. viewpoints features of special interest.
water-access Doints. and destination Doints for boaters.
Facilities at these focal points may include fish in",
Diers. swimmin", floats. Daths parkin", areas. boat
ramps. moorin",s. and accessory recreational facilities.
The mana",ement of recreational land is determined by
balancin", the recreational carrvin", capacity (or impact
of the environment on DeoDle) and the ecolo",ical car-
ryin", capacitY (the impact of people on the environ-
ment). Measures to accomplish this are by desi",nation
of areas for use-intensitY interpretation and re",ula-
tion. These different recreational use areas coincide
with the four environments-natural. conservancy.
rural. and urban. There are multi Die benefits derived
from the Dark Dro",ram. for example: recreational
lands contribute substantially to open space by
conservation of land Dreservin", historic sites offerin",
aesthetic relief and variety. contributin", to a healthful
environment. and shapin", and Dreservin", the com-
munitv form. In addition to the Drovisions ofrecrea-
tional opportunities. Federal Wav coordinates with
other ",overnmental a",encies commercial. and volun-
teer ",rOUDS to provide these opportunities for the
Dublic. The policies are directed toward Drovidin",
shoreline dependent and water oriented recreational
opportunities. They are also directed at Drotectin",
health and safety bv seDaratin", incompatible activities
and channel in", them into their most appropriate
environments.
Revised October 1 998
11.36
Federal Way Comprehensive Plan - Land Use
Policies
H:fPf58
LUPI60
H:IPf59
LUPI6I
The development of recreational acQuisition
plans should give emphasis to the acQui-
sition of prime recreation lands prior to their
being preempted for other uses.
In open spaces having an established sense
of nature. improvements should be limited
to those that are necessary and unlikelv to
detract from the primary values of the site.
HfPI-6(J
LUPI62 The siting of all developments should aim to
enhance and protect the area concerned.
bflIJH¡.f
LUPI63
~
LUPI64
Structural fonns should hannonize the topo-
graDhv. reinforce the use area. minimize
damage to natural resources. and support
recreation with minimal contlict.
New buildings should be made svmDathetic
to the scale fonn and proportion of older
development to promote hannonv in the
visual relationships and transitions between
new and older buildings.
HJP.f(d
LUP16S Whenever possible. natural materials should
be used in developing shoreline recreational
~
~
LUPI66 Artificial irrigation and fertilization should
be restricted to high-intensitv use areas.
H!Pf65
LUPI67 Existing buildings that enhance the char-
acter of the shoreline should be used for
recreation wherever possible.
H:fPM6
LUPI68 Underwater parks should be extensions of
shoreline ~ parks. or be created by or
enhanced bv artificial reefs where natural
conditions or aQuatic life could be observed
with minimall-y interferednce wttft.
H:II'Hff
LUPI69 Public recreational shoreline areas should
serye as emergencv havens of refuge for
boaters.
Lf!.'>':l68
LUPI70
Phvsical and/or visual access to the water
should use steep slopes view points from
bluffs stream vallevs. and featurcs of
special interest where it is possible to place
pathwavs consistent with public safety with-
out reQuiring extensive flood or erosion
protection.
LT:JN69
LUPI7I The acQuisition of public easements to the
shoreline through private or Quasi-public
shorelines should be encouraged.
l:ffIJ/4O
LUPI72
Existing Dublic recreation shorelines should
be restored where it is possible to reveg-
etate; resite roads and parking areas that are
close to the shoreline: and remove stream
channelization and shoreline protection
devices when the facilitv has either deterio-
rated or is inconsistent with the general
goals of this program.
H:1PH+
LUPI73 Prime fishing areas should be given prioritv
for recreational use.
~
LUPI74 Boating activities that increase shore ero-
sion shcnld be discouraged.
~
LUPI7S Effective interpretation should be provided
to raise the Qualitv of visitor experiences
and provide an understanding of the
~
Revised October 1998
11-37
Federal Way Comprehensive Plan - Land Use
Residential DeveloDment
The shorelines in Federal Way are more widely used
for residential Durvoses than for any other use. Much
of the undeyeloDed shoreline is Driyately-owned. sub-
divided into small lots. and zoned to Dermit residential
deyeloDment.
The Dressure to develoD shorelines for residential uses
has continued to result in DroDertv subdivision and
escalating waterfront land values. Residential devel-
ODment of shorelines is accomDlished in a varietY of
wavs from large Dlats and subdiyisions to single lot
develoDment for housing; anv of which. ifpoorlv
Dlanned can culminate in the degradation of the
shoreline environment and water resource.
The Shoreline Management Act generally exemDts
".. . construction on shore lands bv an owner. lessee or
contract purchaser of a single family residence for his
own use or the use of his family..." from its Dermit
requirements. However. even though single family
homes are not considered substantial developments.
the intent of the act has established the basis for
planning and regulating them.
Policies
~
LUP176
Residential develoDments should be per-
mitted onlv where there are adequate pro-
visions for utilities. circulation. access site
lavout and building design.
l:ÆPH5
LUPl77
Subdivisions should be designed at a level
of density. site coverage and occuDancv
comudtible with the Dhvsical caDabilities of
the shoreline and water bodv.
HJ.P.H6
LUPl78
Residential development Dlans submitted
for aDDroval should contain Drovisions for
Drotection of groundwater suDDlies. erosion
control. landscaping. and maintenance of
the shoreline integritv.
I::f:IlJlH.
LUPl79
HfPf'J8
LUPl80
HJPJ-;9
LUPl81
WPHHJ
LUPl82
1h
ß
~
Residential subdivisions should be designed
so as to Drotect water auality shoreline
aesthetic characteristics. vistas. and normal
public use of the water.
Subdivisions should Drovide Dublic Dedes-
trian access to the shorelines within the
development in accordance with public
access element of this master Drogram.
The established velocity auantity and
qualitY of stormwater discharge should be
considered in terms of the sensitivity of the
DroDosed receiving environment. The dis-
posal mode selected should minimize
changes in infiltration runoff. and ground-
water recharge.
DeveloDers of recreational Droiects such as
summer homes. cabins. campgrounds. and
similar facilities should satisfactorilv
demonstrate:
The suitability of the site to accommodate
the Droposed development without adver-
selv affecting the shoreline environment and
water resource.
Adeauate Drovisions for all necessary
utilities. including refuse disDosal. and the
compatibilitv of the development with
adiacent DroDerties and surrounding land
uses.
That recreational oDDortunitv exists on the
site and does not deDend on adjacent Dublic
land to furnish the activitv.
Revised October 1998
11.38
Memo
FROM:
LUTC members
Kathy McClung, Deputy CDS Director .~\,
TO:
DATE:
October 22, 1998
RE:
Summary of Shoreline Management Program changes
Attached is a revised version of the Shoreline Management Plan
and related ordinance. As you may remember, originally there
were three parts to these changes: (1) the regulations, (2) the
goals and policies and (3) the map.
Regulations-
Since the LUTC last met on shoreline, we have received comments
from the individual at the state level who has given the draft
regulations a preliminary review. I have incorporated most of his
minor changes i.e. changing "not permitted" to "prohibited" but
direct your attention to the following more substantive changes:
1, Added definitions for "non-water-oriented, water
dependent, water enjoyment, water oriented, water related"
(p.3 & 4 Exhibit A).
2. Beefed up parking regulations by adding Sec. 18-165.03
(5) a, c, & d (see page 7)
3. Added salmon and steelhead protection language Sec 18-
165.10 on page 17-20. These are referenced in all of the
shoreline designations.
He also recommends that setbacks be Conservancy-100', Rural-75',
and Urban-25'. Since you had specifically designated other
setbacks, I did not make these changes.
I have also incorporated your changes to setbacks (pp. 8,9, &
14). On page 8, Section 18-165.04 (3) (a) (2), you may want to
consider changing "50'" to "30'" since in other situations
residential can be built up to 30' of the ordinary high water
mark.
The last change is on page 29 where Sectior 18-170.176 was added
to establish criteria for changing a map designation.
Goals and policies-
I wasn't planning to make any changes to the goals and policies
which are now included in the Comprehensive plan update, however,
yesterday, I received the suggested language for salmon and
steelhead protection. I was able to incorporate the regulation
language, but ran out of time to include it in this packet for
the goals and policies. I have included a paper copy of the
state suggested language. Margaret and I will edit out the parts
that do not apply to Federal Way and will include it in the final
update which will come to you November 2nd.
Map Changes-
Since the LUTC recommended dropping the map change along puget
Sound and Weyerhaeuser asked to have their map change dropped
(see attached letter) I have deleted all references to map
changes.
attachments-
ordinance with Exhibit A & B
copy of salmon goals and policies
letter from Weyerhaeser
'1
 Weyerhaeuser
C,'!,."" Ho,dq.."'"
PO 6.' 1999
TIC."" WA 98477-2999
Tol 12531 924 ZM5
October 6, 1998
Dear North Lake Resident:
As you may recall, I wrote to you last month inviting you to a meeting at Weyerhaeuser
to discuss thc proposed changc to the shoreline designation of a portion of the
Weyerhaeuser property on North Lake. This proposed changc had been requested by
Weyerhaeuser during the process of annexation to Federal Way in 1994. We originally
requested the change for this particular piece of property so that its shoreline designation
would be consistent with the other properties around North Lake as we>U as with the rest
of the Weyerhaeuser corporate campus. At no point did We have specific plans to develop
the land.
However, when we learned of the concern some of our neighbors on North Lake had
about this proposed change, wc decided to reevaluate the original request. AfteJ:
reevaluating circumstanccs and physical characteristics of this specific property, we
determined it is an area we would be wùikcly to develop for corporate use. This is in
large part due to existing conditions on the property including na.tUral constraints, such as
wetlands.
Both because we have detennined that this area is not like>ly to be needed for
development, and because wc share our neighbors' concern for the quality of the
environment around North Lake, we have decided not to pursue the original request for a
shoreline designation changc. This mcans the shoreline on this particular portion of the
Weyerhaeuser property on North Lake will remain under the designation of
"conservancy."
In light of this, it does not appear necessary to hold a meeting with neighbors about this
issue. As a result, the meeting that was to be held at Weyerhaeuser on Tuesday, October
13, 1998 from 6:30-8:00 p.m. has been cance1e>d.
Because we understand there may be interest in other Weyerhaeuser/Quadrant activities
in thc broader East Campus area., we plan to schedule a meeting in November to provide
information on those activities-
Sincerely,
d~l~
Vice President, Weyerhacuser Business Services
10/08/98
TIDJ 1J, 48
[TX/RX NO 6J21 J
Memo
TO:
FROM:
Land Use and Transportation Committee
Kathy McClung, Deputy Director CDS ~
July 29, 1998
DATE:
RE:
Shoreline follow up
A question was raised at your last meeting regarding the impact
of changing the shoreline designation from Rural to Urban on
density.
The only properties that were suggested for change were the
commercial (Office Park) properties at North Lake and the
residential properties on Puget Sound between Dumas Bay Retreat
Center and Poverty Bay Park.
The properties on North Lake are zoned and shows on the
Comprehensive Plan Map as Corporate Park. The properties are
currently owned by Weyerhauser and are used by the company for
office and accessory uses to their other properties in the area.
The current shoreline designation is conservancy. Under the
conservancy designation no commercial uses would be permitted.
The recommended designation is urban which is the only shoreline
designation which would permit development of Corporate Park type
uses. A review of the Conservancy designaiton was agreed to when
the Weyerhauser property was annexed.
The area on the Sound consists of 35 single family lots. The
properties are zoned RS 7.2 (minimum lot size 7200). The
Comprehensive Plan Map designates the area as High Density Single
Family. Under the current shoreline designation of Rural, lots
could be subdivided if the lots created are a minimum of five
acres. However, there is a provision to reduce the lots down to
15,000 square feet if it meets certain criteria. The only two
possible lots that would qualify under the criteria are already
configured with two lots, so there would be no net increase of
lots under the rural designation. Under the urban designation,
the lot size is determined by underlying zoning. Assuming that
the there are no topography issues and thaL access could be
worked out, the change could under the worst case scenario,
create 25 additional lots. However, since many of the lots are
not conducive to subdivision due to the way the lots are
configured and placement of existing structures, the reality of
seeing even half that many develop is unlikely.
I will have maps available at the meeting to illustrate this
clearly.
I have also attached wording on setbacks per your direction.
Please read this to verify that we have captured your concerns.
Sec. 18-XXX Residential development
3. Setbacks
a. Single famuily 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:
1. If the property is undeveloped and reasonable use of the
property cannot occur without further encroachement of the
setback due to physical constraints of the lot, then the
Director of Communtiy Development 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
highwater mark.
2. If the property is developed with a single family home
within 50 feet of the ordinary.high water mark, then the
residence can only be added to if the addition will not
make the structure any more non-conforming as to its setback
or the applicant may request a shoreline variance and
conditional use permit.
3. If the residential development is proposed on shorelines
that include one or more sensitive areas, as defined in
Chapter 22, such development shall maintain setbacks in
accordance with regulations and procedures set forth in
Article XIV of Chapter 22 of the Federal Way City Code
(FWCC) .
b. Multifamily 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:
1. If the property is undeveloped and reasonable use of the
property cannot occur without further encroachement 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 ordinary highwater mark.
2. If the property is developed with a single or multifamily
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 non-conforming as to its
setback.
3. If the residential development is proposed on shorelines
that include one or more sensitive areas, as defined in
Chapter 22, such development shall maintain setbacks in
accordance with regulations and procedures set forth in
Article XIV of Chapter 22 of the Federal Way City Code
(FWCC) .
36 Office and commercial development
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 excet 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 non-conforming as to its setback.
b. If a development is proposed on shorelines that include
one or more sensitive areas, as defined in Chapter 22, such
development shall maintain setbacks in accordance with
regulations and procedures set forth in Article XIV of
Chapter 22 of the Federal Way City Code (FWCC).
Stringline setback- a straight line drawn between the points on
the primary buildings having the greatest projection (including
appurtanant structures such as decks) waterward on the two
adjacent properties.
[tZt6 ON nI/UI Ot: H E.l 86/60/90
Planning and Heartng Examiner SeIV\ces
McConnell /Bur ke I Incorporated
10604 N.J:. 36th Place
Suite 227
Kirkland. Washington 98033
(42S) 827-6550
FAX: 889-0730
June 9, 1998
To:
Federal Way Land Use & Transportalion Committee
Kathy McClung
From: Don Largen, AICP
Planning Consultant
.~.?.~j.:~.l:..................~~~e.<? ~..~~~~~~}!~~~.~E.a~~Il!.~.~~~~.~~!_IJ~~.~m R~~~t! ?~~,,-.._._........._........ ---... ..........
At the Committee's June 1st meeting there were several questions raised about proposed
provisions in the Shoreline Master Program regulations. Kathy McClung has provided me with a
summary of those questions and I have reviewed them relative to the specific issue of water
quality and salmon habitat protection.
Keep in mind that the City's environmentally sensitive areas regulations deal specifically with
water quality issues in the context of streams, wetlands, regulated ponds, wiJdlife and fish
habilats, and erosion of stcep slopes. A variety of mitigation measures are provided, such as
buffers, native vegetation retentionlinstallation, drainage controls, limitations on certain uses, etc.
This is not to say that added prote>ctive measures in the Shoreline Master Program are not
necessary, rather they should be viewed in the context of the City's total set of environmental
protection regulations and support those efforts.
Below I have responded to the questions raised in the order that they appear in the master
program.
I) What is the physical or ecological carrying capacity and how is it applied? (pg. 4, pg. 8, and
pg.16)
These are general terms commonly found in policy statements that arc intended to recognize
that an a.~sessment of site specific circumstances should be undertaken to determine whether
a proposed development is compatible with the nature of a specific section of shoreline and
what mitigation requirements might be appropriate. As such there are no numerical values
associated with these terms. The designation of the three shoreline environments and their
associated regulations are intended to recognize the general differences in physical
limltiltionsfcarrying capacities of the City's shorelines.
2) Should there be a policy which limits the amount of impervious surfaces? epg. 8 and pg. 9)
A general policy statement that impervious sulfaces should be kept to the minimum
necessary for reasonable development and usc of a site could certainly be added. However,
GO'd
eG:E[ 301 e6-6 -NOr
[Ht6 ON :m/XL]
oc: H 3fl.L 96160/90
thc shoreline regulations apply to all land which is within 200 feet of a regulated shoreline.
Many if not a majority of the residential lots around Steel Lake, for example, have nearly
Iheir entire area within the 200 foot of the shoreline. A couple of approaches mighl be:
a. Prohibil or limit the amount of impervious surfaces that are waterward of the primary
slruclure, or
b. Prohibit impervious surfaces within the shoreline setback area.
3) Commercial forestS. (pg. 16)
This reference 10 commercial forests is a hold over from the King County SMMP and should
have been removed form the current draft (my mistake). There are no commercial forestS in
Fcueral Way and I am not aware of any areas in the City that would have stands of
commercially viable trees. This reference will be eliminated from the final draft.
4) What are biophysical limitations? (pg, 17)
This is a coml11on policy term that is similar to 'physical limitations' and 'carrying capacity'
and is used somewhal synonymously with those tenns. It means the total combination of
physical conslraints (topography, soils, etc,) and on-site wildlife (land and aquatic), plant life,
and habita!.
5) How are the shoreline environment designations applied? (pg. 31, pg. 39, pg. 41)
The criteria given for each of the three shoreline environment designations are nor additive.
In other words meeting anyone of the criteria would make it a candidate for that
environmental designation. The exception would be criteria #5 for Urban and criteria #3 for
Rural. These two are not so much criteria as they are a qualifier: i.e. the Urban Or Rural
designation would not be applied if there Were any or a combination of those physical
features listed. In that case the designation would default to Conservancy. Note that the
Shoreline Master Program shoreline environment designations map proposed for the various
City shorelines appears to be consistent with these criteria.
6) Urnan and Rural residential shoreline setbacks. (pg, 32)
The 20 fool shoreline setback is another hold over from the County SMMP and is very
minimal. The primary benefit of a smaller se¡back is IO ensure that the use of a property is
not regulatcd away or to recognize the presence of some physical constraint such as a steep
hluff on Ihe upland portion of a lot. Largcr setbacks have several benefits including
pre~ervation of views from adjacent properties, increasing the distance that run-off from hard
surfaces must travel before entering the water, and minimizing disruption from constmction
activitics. Our office functions as shoreline administrators for several Lake Wa.shington
jurisdictions and lhe average residential shoreline setback is about 50 feet.
2
EO'd
6c:EI 301 86-6 -Nnr
l~n6 ON :nl/X.L]
oe:n 3!I.L
86160/90
A rough review of shoreline lots in the City (i.e. scaled off of a city-wide map) suggests that a
""ÿority of the lots are over 150 feet dc>cp. In view of this I wou1d suggest going to a 75 foot
shorelinc sctback, with a provision that would provide for a reduction down to 30 feet to
allow for reasonable use.
7) Rcduclion of setback for commercial properties, (pg, 36)
The reduced setback incentive for commercial developments providing public access to the
shoreline is not a necessary provision. The intent is to encourage new development to
provide for public access to private shorelines. which is a goal of the Shoreline Management
Acl. 'Access' docs not necessarily have to include the ability to actually walk right up 10 thc
shoreline edge; it could simply be visual access. such as providing a viewpoint. This
provision would only potentially effect a handful of properties on Steel Lake and Lake
Kilarney, which have some commercial zoning. This provision can be removed if the
Committee sees it as a conflict with salmon habitat protection.
8) Pavement in residential subdivisions. (pg. 42)
My understanding is that perhaps wadways, driveways. and parking surfaces within shoreline
a!'eas should not bc hard surfaces. It does not appear from a brief look at a City map that
there are that many public strccts within the regulate>d shoreline areas. This also appears to
be true for parking a!'Cas, although there are hard surfaced parking arcas associated with the
shorelinc parks. There are trade-offs on this issue. Paved wadways and parking areas are
gcne>rally required to have run-off detention facilities that include oil/water separators. A
gravel surface would not rctain toxic substances such as oil, which could then leach imo ¡he
soil and penetrate into ncar surface aquifers.
This issue is probably morc appropriately addressed in tbe City's roadways, parking, and
pe!'haps subdivision standards, rather than in the shoreline> master program.
3
ÞO'd
O£:£I ;lnJ flR-R -iIInr
.-----. ----------:¡¡.
MEMO
TO:
Land Use and Transportation Committee
FROM:
Kathy McClung, Deputy CDS Director
DATE:
May 27, 1998
RE;
Shoreline Management and Regulations
Attached is the Planning Commission recommendation for a
Shoreline Master Program and related regulations. The Planning
Commission conducted a public hearing on April 1, 1998. The only
person in the audience was a representative from the Quadrant
Corporation. Don Largen, consultant from McConnell Burke will
present the shoreline management plan and regulations to the
Committee.
Briefly, these changes include:
* Revisions to the adopted King County Shoreline Master
Program to update language and remove those parts of the
Program not applicable to Federal Way.
* Revisions to the adopted King County Shoreline Regulations
to update language and remove sections not applicable to
Federal Way.
* Revision to the shoreline designation of a portion of
North Lake from Conservancy to Urban.
A shoreline designation map wil be provided at the meeting.
Attachments:
1. Planning Commission Findings
2. Draft Ordinance
3. Staff Report
CITY OF FEDERAL WAY
Planning Commission
DATE:
TO:
FROM:
SUBJECT:
April 30, 1998
CITY COUNCIL
ROBERT VAUGHAN, CHAIR
PLANNING COMMISSION RECOMMENDATION
PROGRAM AND SHORELINE REGULATIONS
- SHORELINE MASTER
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1.
BACKGROUND
The Federal Way Comprehensive Plan contains goals and policies that
provide for shoreline management as required under growth
management.
The City adopted the King County Shoreline Master Program and
regulations in 1990 with the city's incorporation. The adopted King
County regulations and Program includes outdated language and
regulates types of shorelines that do not apply to Federal Way.
Other policies and regulations are not specific enough to the
City's shorelines since King County was written for a broader range
of shoreline uses and environments. The Comprehensive Plan states
that the City shall develop a Shoreline Master Program that is
consistent with community values, land use and environmental
protection.
The shorelines in the City that are regulated include those along
puget Sound, all of Steel Lake, and those portions of North Lake
and Lake Killarney that are located within the City's boundaries.
II .
PLANNING COMMISSION PROCESS
The Planning Commission held a public hearing on April 1st 1998.
The City staff provided the Commission with an overview of issues
and draft regulatory provisions as drafted by a consultant. The
hearings were devoted to a section-by-section review of the
recommended regulatory language contained in the March 24, 1998
consultant staff report.
I I I. SUMMARY OF AMENDMENTS
The following list summarize the major code amendments reviewed by
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the Commission during this code revision process.
3.
Replacement of the adopted King County Shoreline Master
Program (Title 25) with a Federal Way Master Program. The new
Master Program deletes sections of the King County Code that
do not apply to this city.
Amendment to Chapter 18 of the FWCC to adopt applicable
regulations for shoreline development.
Change the shoreline map designation for the properties along
the North Lake from Conservancy to Urban and the properties
along the portion of the Puget Sound between Dumas Bay Retreat
Center and Poverty Bay Park from Rural to Urban.
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2.
IV.
PLANNING COMMISSION FINDINGS & RECOMMENDATIONS
The Planning Commission bases its recommendation of adoption of the
proposed amendments to the FWCC relative to the Shoreline
Management Program and related regulations based on the following
findings:
1. The City's shoreline areas are an important feature to
the City's character and quality of life; and
2. The existing shoreline regulations and Shoreline Master
Program are King County regulations in place at time of the
City's incorporation and do not reflect the Federal Way
community values and specifics of this area; and
3. The proposed amendments are consistent with the
provisions of the Natural Environment chapter of the
Comprehensive Plan including the following:
NEGI0- 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; and
4. The proposed shoreline designation map changes will
remove the inconsitency between the Federal Way Comprehenive
Plan Map and existing zoning and more accurately reflect
current uses and densities of the properties.
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5. The Federal Way SEPA responsible official issued a
Declaration of Nonsignificance on April 1, 1998; and
7. The proposed code amendments would not adversely affect
the public health, safety or welfare.
Commission
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CITY OF FEDERAL WAY
Planning Commission
DATE
March 24, 1998
APPLICANT
City of Federal Way
PROPOSED ACTION
Text Amendments to Chapter 18, Article III, City of
Federal Way (Shoreline Management Master
Program)
STAFF REPRESENTATIVE
Don Largen, AICP
Planning Consultant
McConnell/Burke, Inc.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission
use this report as basis upon which the Commission
develops a recommendation of proposed Shoreline
Management Master Program amendments for City
Council consideration.
I.
INTRODUCTION
Several items have been identified and prioritized by the City Council for completion during its
1997 Planning Commission work program. One of these tasks is a review and update of the
City's Shoreline Management Master Program (SMMP).
The scope of the review is to update the SMMP relative to the following items:
1. Whether the current designation of shoreline environments is still appropriate.
2. Eliminating those portions of the SMMP that are not applicable to Federal
Way's shorelines.
3. Updating the SMMP relative to amendments to the State Shoreline
Management Act.
4. Updating the SMMP to reflect requirements in ESHB 1724 Regulatory
Reform.
5. Relating the SMMP to the Comprehensive Plan under GMA.
6. Updating the supporting development regulations.
II.
BACKGROUND
The SMMP is the document. along with supporting development regulations. which controls
development within 200 feet of a regulated shoreline. The City of Federal Way adopted its
current SMMP in February, 1990 at the same time as the City's incorporation. Since the City was
in the process of incorporating at that time and having to meet the requirements of the Growth
Management Act, the King County SMMP and supporting development regulations were
adopted by reference in order to comply with the State Shoreline Management Act. This was a
reasonable choice since much of the City's shoreline was developed under the County's
regulations.
The King County SMMP contains policies and regulations for a much broader range of land uses
and activities than are found or allowed on Federal Way's shorelines. Examples would be forest
practices and industrial uses. Other policies and regulations may not be specific enough to the
City's shorelines since the King County SMMP was written for a greater variety of shoreline uses
and environments.
The King County SMMP had also not been updated for some time. Since the City's adoption of
the SMMP there have been several changes to the State Shoreline Management Act relative to
permit process, clarification of language used in the Act, and the relationship to other planning
processes. These updates do not dramatically change the Act, but they do need to be reflected in
the City's SMMP.
The shorelines in the City that are regulated under the SMMP are those along PugetSóund, all of
Steel Lake, and those portions of North Lake and Lake Kilamey that are located within the City's
boundaries. The land uses along the Puget Sound shoreline consist of parks and single family
residential development. Steel Lake's shoreline is developed as single family residences, with the
exception of a multiple family development at the west end of the lake and a portion of Steel lake
Park. The North Lake shoreline is adjacent to the Weyerhaeuser corporate headquarters, which is
zoned CP-I (Corporate Park). Land along the Lake Kilamey shoreline is zoned OP-I (Office
Park I), with a small portion of single family residential and a park.
III.
PROVISIONS NOT APPLICABLE TO THE CITY
The Federal Way shorelines are developed primarily in residential and recreational uses', with
limited commercial development on two of the lakes. The SMMP contains a number of chapters
and sections that deal with issues and policies for land uses that do not occur on the City's
shorelines. Therefore, these sections can be removed. The table of contents of the attached draft
SMMP depicts the uses or activities that do not occur or that are not allowed on the City's
shorelines by a strike tllrallgl¡.
The attached draft of the SMMP also contains edits to the document so that the text containing
descriptions and policies is updated specific to Federal Way. They are also indicated with a
strike through or an underline.
The regulations that implement the SMMP also contain provisions for uses and activities that are
not applicable to the City's shorelines. The provisions pertaining to those uses and issues deleted
from the SMMP may also be removed from the City's shoreline regulations.
IV.
SHORELINE ENVIRONMENT DESIGNA nONS
The existing SMMP designates four shoreline environments: Urban, Rural, Conservancy, and
Natural. Each environment category includes: (I) a definition describing the development, use
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'and/or features which characterize the area, (2) a purpose which clarifies the meaning and intent
of the designation, and (3) general policies designed to regulate use and development consistent
with the character of the designated environment. We have reviewed these designations and
their locations on the City's shorelines to determine if they are still appropriate.
A.
URBAN ENVIRONMENT
The Urban Environment is an area of high intensity land use including residentiãl:commercial,
and recreational development. This Environment is particularly suitable to those areas presently
subjected to extremely intensive use pressure, as well as areas planned to accommodate urban
expansion, and areas currently in urban use. The Urban Environment designation includes two
sections of the Puget Sound shoreline, all of the shoreline around Steel Lake, the Lake Kilarney
shoreline that is within the City, and approximately half of the North Lake shoreline that is in the
City.
The areas designated as Urban are all characterized by urban uses, either single family
residential, multiple family residential, office uses, or parks. The underlying zoning also allows
for these uses and densities. Therefore, it appears that the sections of the City's shoreline
designated as Urban Environments are appropriate and do not require a different designation.
B. RURAL ENVIRONMENT
The purpose of designating the Rural Environment is to preserve agricultural land, restrict
intensive development along undeveloped shorelines, function as a buffer between urban areas,
and maintain open spaces and opportunities for recreational 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 density, providing permanent open space
and by maintaining adequate building setbacks from water to prevent shoreline resources from
being destroyed for other of uses.
Currently, the Rural designation exists for three sections of the Puget Sound shoreline. These
areas are developed with single family residences at urban densities. The exception to this
pattern of development is the Dumas Bay Center.
The development regulations for the Rural designation are basically the same as for the Urban
designation, with the exception of allowed densities. Most of these sections of the shoreline are
also zoned for single family residential development at densities higher than that specified in the
Rural designation.
c.
CONSERVANCY ENVIRONMENT
The Conservancy Environment consists of shoreline areas which are generally free from
intensive development. It is the most suitable designation for shoreline areas of high scenic or
historical values, parks and recreation, and for areas unsuitable for development due to sensitive
areas.
The Conservancy designation occurs at Dash Point State Park, properties along Dash Point itself,
the undeveloped Poverty Bay Park, a residential section of the Puget Sound shoreline towards the
north end of the City, and approximately one-half of the North Lake'shoreline that is in the City.
The Conservancy designation for the two park sites is clearly appropriate. This designation also
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Appears appropriate due to the presence of steep slopes in those two sections of the Puget Sound
shoreline.
The North Lake shoreline is partially developed with Weyerhauser corporate offices. The
underlying zoning for this portion of the North lake shoreline is Office Park (OP) and only
pennits office type development. As a result, the shoreline for this area of the lake might be
more appropriately changed to an Urban designation.
D.
NATURALENV~ONMENT
The Natural Environment consists of areas characterized by the presence of some unique natural
features considered valuable in their undisturbed or original condition and which are relatively
intolerant of intensive human use. Such areas should be essentially free from development or be
capable of being easily restored to natural condition, and they should be large enough to protect
the value of the resource.
The only Natural Environment designated in the City is on the Puget Sound shoreline at Dumas
Bay Park. This is a short section of shoreline that has been left in an essentially unaltered state.
Therefore, this appears to be an appropriate designation for this location.
v.
DEVELOPMENT REGULATIONS
The City's Municipal Code Chapter 18, Article ill Shoreline Management adopts the King
County shoreline management regulations by reference. These regulations are referenced as
King County Code Title 25 Shoreline Management and include the following chapters:
25.04 Purpose - Title - Scope
25.08 Definitions
25.12 Environment Designations
25.16 Urban Environment
25.20 Rural Environment
25.24 Conservancy Environment
25.28 Natural Environment
These chapters, as amended by the recommendations within this section, should be incorporated
into Chapter 18, Article ill and numbered accordingly. Each of the above King County chapters
is discussed below. Appendix B contains the full edited text of the updated shoreline
development regulations.
25.04 Purpose - Title - Scope
The existing Sections 18-161 and 18-163 of the City's Shoreline Management regulations address
the issues of purpose and authority, and jurisdiction. They essentially cover the same regulatory
intent as those in King Coun:y 25.04. This chapter of the King County code can be deleted.
25.08 Definitions
The King County shoreline code contains sixty-five definition~. Approximately half of these
definitions are either common to the City's overall Municipal Code (e.g. height, Department,
nonconfonning use) or that pertain to items that are not applicable to the City's shorelines. These
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'definitions can be deleted, leaving thirty-two definitions to be incorporated into Chapter 18,
Article III.
25.12 Environment Designations
This chapter outlines the purpose and establishes the adopted shoreline environment
designations. This chapter is edited to be specific to Federal way.
25.16 Urban Environment
This chapter specifies allowed uses and activities within the Urban Environment designation and
their associated development conditions. As with the SMMP as a whole, this chapter includes
uses and activities that are either not allowed due to underlying zoning or that8 not occur on
the City's shorelines. The following sections may be deleted from this chapter:
Agricultural Practices
Aquatic Resource Practices
Forest Management Practices
Industrial Development
Commercial
A new section has been added to reflect the allowed Office zoning district adjacent to North
Lake. The rest of the section has been edited to be specific to Federal Way
25.20 Rural Environment
25.24 Conservancy Environment
25.28 Natural Environment
These sections have been similarly edited to reflect the policies and uses in a similar manner as
with the Urban Environment.
VI.
SHORELINE MANAGEMENT ACT AMENDMENTS
In 1996 the State Shoreline Management Act (SMA) was amended to clarify several provisions
relating to developments exempt from shoreline pennits, remove language that was in conflict
with the Growth Management Act, and to clarify pennit processes. (Note: more extensive
amendments to the SMA were anticipated in 1997, however, the State legislature remanded the
proposed amendments back to Department of Ecology staff for further consideration). The
Washington Administrative Code ('iV AC) 173-27 establishes the rules and procedures for
processing shoreline permits, including what type of developments are exempt from the shoreline
pennit requirement. Note that the SMA procedural amendment, have been given a new chapter
number. All references in the City's codes that reference WAC 173-14 should be amended to
reference WAC 173-27.
Development on the City's shorelines is regulated through the Shoreline Substantial
Development Permit (SDP) process. If not specified as exempt in the WAC, projects will
usually require a shoreline permit if they cost more than $2,500 or involve grading in excess of
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250 cubic yards of material. The exception is for residential piers on fresh water, which have a
dollar threshold of $10,000.
Single family homes built by the landowners for their own residence are generally exempt from
the permit requirement. A single family home also includes those structures and developments
that are considered a normal appurtenance. The SMA identifies garages decks, driveways,
utilities, fences, septic tanks and drainfields as normal appurtenances, but it also gives the local
jurisdiction the authority to add other items.
The SMA also identifies grading less than 250 cubic yards as a normal appurtenance to a single
family home. However, in many cases a singlc family home will require greater than 250 cubic
yards of grading, which includes any importing, exporting, and onsite movement of material.
This apparent conflict in the SMA has been clarified by Department of Ecology staff: as long as
the dirt being moved is a result of excavation necessary for such things as the footings,
foundations, or retaining walls of a residence and the excavated material is being removed from
the regulated shoreline area, then the development of a single family home is exempt from the
permit requirement. The City's SMMP should include this clarification and have it reflected in
the supporting development regulations.
VII.
ESHB 1724 - REGULATORY REFORM
As mentioned above, additional amendments to the SMA were anticipated in 1997, many of
which were intended to respond to the legislative requirements of ESHB 1724 Regulatory
Reform. Since that did not occur the items specific to ESHB 1724 are few. The City adopted
provisions to enact ESHB 1724 last year which specify permit process procedures and
requirements. The one item that should be included is that the appeal period for appealing a
decision on a shoreline permit has been changed from 30 days to 21 days.
VIII. GMA
Under the Growth Management Act the goals and policies of a shoreline master program are
considered as an element of the City's comprehensive plan. This update of the SMMP has been
reviewed relative to land use and shoreline policies of the comprehensive plan and it appears that
the revisions and updates are consistent with the plan. It is not required that the SMMP be
incorporated directly into the comprehensive plan; a simple reference to the SMMP is sufficient.
It should also be noted that the adoption process for an updated SMMP is separate from the
comprehensive plan amendment process.
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