Item Number:   6b _motion
Meeting Date:  May 12, 2015 
MOTION 
OF THE PORT OF SEATTLE COMMISSION 
REGARDING CLARIFICATION OF 
SEATTLE DEPARTMENT OF PLANNING AND DEVELOPMENT INTERPRETATION #15-001
PROPOSED ON MAY 12, 2015
TEXT OF MOTION 
On May 7, 2015, the City of Seattle Director of the Department of Planning and Development
(DPD) issued DPD Interpretation No. 15-001, which concluded that the proposed moorage of the
Royal Dutch Shell exploratory drilling rig and two accompanying tugboats at Terminal 5 would
not be consistent with the legally established use of Terminal 5 as a cargo terminal.
Because this Interpretation is inconsistent with the Port's historic operation of its cargo terminals 
and raises significant questions about the legality of long pre-existing diverse cargo activities at
Port of Seattle cargo terminals, the Port of Seattle Commission directs the Chief Executive
Officer to appeal Interpretation No. 15-001 with the City of Seattle Hearing Examiner.

STATEMENT IN SUPPORT OF THE MOTION 
The Port of Seattle has entered into a lease with Foss Maritime for the use of approximately 50
acres at Terminal 5.  Foss Maritime, with Royal Dutch Shell as its customer, secured the
property as a short-term berth for vessels used in oil and gas exploration in Alaska.
On May 7, 2015, the City of Seattle issued an Interpretation from the Director of Department of
Planning and Development (DPD) Interpretation #15-001 (Interpretation) concluding that the
proposed moorage of the Royal Dutch Shell exploratory drilling rig and two accompanying tug
boats is not consistent with the legally established use of Terminal 5 as a cargo terminal. The
Interpretation stipulates that an "additional use permit" would be required for seasonal moorage
of a drilling rig and two accompanying tugboats at Terminal 5. 
Subsequently, DPD clarified that  under SMC 23.88.020  land use code interpretations are site
specific. Thus, DPD Interpretation #15-001 cannot be directly applied to activities occurring at
other Port facilities. DPD also clarified that the "additional use permit" that would be required
for seasonal moorage of the Shell exploratory drilling rig and two accompanying tugs would be a
commercial moorage permit.
In a letter to the Port on May 8, 2015, Seattle Mayor Ed Murray offered to initiate discussions
with the Port to review and update the cargo terminal definition in the shoreline master program
in the coming months. The mayor offered to consider revisions in this ordinance if it does not to
reflect activities taking place at cargo terminals now or in the future.

On May 8, 2015, Foss Maritime announced its intention to appeal the DPD Interpretation, stating
its view that the existing permitting at Terminal 5 is appropriate for the proposed use by Royal
Dutch Shell. In its public statement, the company expressed concerns about possible widespread
implications of the Interpretation on common maritime uses throughout Seattle. 
In many circumstances, the Port of Seattle considers lay-berthing and provisioning of vessels to
be work critical to successful cargo operations. Examples of these activities include:
Research vessels, 
Fishing vessels, 
Ice breakers, 
Grain ship support vessels and
Fire response vessels.
In order to preserve a vibrant and successful working waterfront, the Port of Seattle Commission
directs the Chief Executive Officer (CEO) to appeal the Interpretation and seek clarification from
DPD to ensure that these cargo uses are adequately preserved.
The Port of Seattle is currently seeking permits to modernize Terminal 5 for larger container
vessels. The Port of Seattle Commission considers modernization to be top priority, and does
not seek to detract from that critical work by pursuing an alternative permit for Terminal 5 cargo
uses at this time.









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