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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. !L No accessory structure shall obstruct the view of the neighboring properties. f.. 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. b 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. ~ 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. ~ 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. -10- 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 1... L L :t !L "'- 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 !L "'- 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. !L 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. 1h 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. -11- -12- ~ ~ ~ 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: ~ l. !L All piles shall be placed so as to not constitute a hazard to navigation. 12- 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: !L No portion of a launching ramp or lift station shall be placed more than 60 feet waterward of the ordinary high water mark. 12- 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 !L One float per single familv residence multifamilv development short subdivision, or subdivision is permitted 12- No portion of a float shall be placed more than 36 feet waterward of the ordinary high water mark. ~ Retrieval lines shall not float at or near the surface of the water. sl 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: 1.. ~ l.. <h ~ .£,. sl !<.. Utilitv and transmission facilities shall: <h Avoid disturbance of unique and fragile areas. !L 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: JL. Minimize visual impact. ~ Harmonize with or enhance the surroundings. .£,. Not create a need for shoreline protection. sl 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. -13- ~ ~ Rehabilitation of areas disturbed bv the construction and/or maintenance of utilitv facilities shall: iL Be accomplished as rapidlv as possible to minimize soil erosion and to maintain plant and wildlife habitats. !L 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: iL 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. !L 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. 1- 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. -14- 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 ;L 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' ~ 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 !l The maximum height of the proposed bulkhead is no more than one foot above the elevation of extreme high water on tidal waters or four feet in height on lakes. ~ A shoreline protection proiect replacing an existing bulkhead shall be placed along the same alignment as the shoreline protection it is replacing subiect to the following: .!L 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 ~ 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 -15- elsewhere iL !L ~ 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. b L ~ 2..c ~ -16- 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: iL Take place at dePths of greater than 80 feet. !L 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 iL The traffic generated bv such a facility can ,be ,afelv and convenientlv handled bv the streets serving the proposed. facility !L 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 ~ L Public pedestrian and bicycle pathways shall be permitted adjacent to water bodies ~ 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 :L i. L 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. L 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 -17- -18- ~ 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. L 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 ~ 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. LL 12. ~ ~ lie 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 -19- .lli. ll. ~ 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: .L Shorelines of the city used or designated for residential development at a densitv of three units per acre or less L Shorelines of the city developed for residential purposes where surrounding land use is residential in character without all urban services :L 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. -20- 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. .L 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. ~ 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. ;L 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. -21- 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,. L L 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 -23- 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: L ~ :L -24- 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. i- Shoreline areas which best represent undisturbed natural areas .i.. Shoreline areas with established histories of scientific research. ~ Those shoreline areas having an outstanding or unique scenic feature in their natural state. L In addition to the above criteria the following shJuld be considered when designating natural environments: ~ !L Areas where human influence and development are minimal Areas capable of easily being restored to a natural conditions. Saltwater wetlands. f... ->L 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. .L The minimum required area in the natural environment shall be five acres. J.. 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. ~ 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: -25- .L 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. L The construction of indoor swimming. pools gvms, and other indoor recreational facilities is prohibited. L 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 Â 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 ----------------------------------------------------------------- 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 1 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. 1. 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. 2 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 3 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 2 '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 3 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 4 '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 5 250 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. 6