Ord 90-079
ORDINANCE NO.
90-79
AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING FEDERAL WAY ZONING CODE
§§80.65, 80.75, 80.130, 80.155, 80.160
(ORDINANCE NO. 90-43), PROHIBITING INSTALLATION
AND MAINTENANCE OF LANDSCAPING WITHIN REGULATED
SENSITIVE AREAS AND REQUIRED SETBACKS AND
ALLOWING COMMERCIAL LANDSCAPING WITHIN LAKE
SETBACK AREAS.
WHEREAS, amendments to the Federal Way Zoning Code text
are authorized pursuant to Federal Way Zoning Code §135 and §160;
and
WHEREAS, Federal Way Zoning Code §135.15 contains the
criteria for amending zoning Code text; and
WHEREAS, a threshold review of this proposal having been
considered by the Federal Way city Council on August 13, 1990,
pursuant to Federal Way Zoning Code §160.20; and
WHEREAS, the Federal Way city Council, having determined
the proposal to be meritorious,
referred the proposal to the
Planning commission for its review and recommendation; and
WHEREAS, the Planning commission having considered the
proposal at a public hearing on October 17, 1990, and all public
notice having duly been given, pursuant to Federal Way Zoning Code
§160.30 and §160.40; and
WHEREAS,
following
the
public
hearing,
the
Planning
commission submitted its recommendation for proposed zoning text
amendment to the appropriate council committee; and
WHEREAS, the Planning/Public Works/Transportation Council
Committee
having
modified
the
recommendation
of
the
Planning
commission as contained herein; NOW, THEREFORE,
COpy
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
section 1.
The Findings of Fact of the Federal Way
Planning commission on pertaining to these amendments are adopted
by reference in totality by the Federal Way City Council.
section 2.
Pursuant
to
Federal
Way
Zoning
Code
§135.15
and
§160.75.2
and based upon the
above Findings,
the
Federal Way city Council makes the following Conclusions of Law:
A.
The proposed amendments are consistent with the
applicable provisions of the Comprehensive Plan.
policies NE-l
through NE-21 and the goal of the Natural Environment Section of
the City's Comprehensive Plan were adopted to protect the natural
character of the sensitive areas, to protect water resources and to
maintain the beauty of the community.
The proposed text amendments enhance the Comprehensive
Plan sections NE-2, NE-5, NE-7 and NE-8 by prohibiting removal of
existing
vegetation
contained
within
these
natural
sensitive
setback areas.
The proposed amendments would also clarify the provisions
regarding
normal
residential
and park-like
landscaping
around
regulated lakes to allow consistent application of existing lake
code provisions.
B.
The proposed amendments bear a substantial relation
to public health, safety and welfare, as prohibition of landscaping
in sensitive areas and required setbacks reduces the loss of
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significant vegetation; the removal of wildlife nesting, feeding
and breeding habitats; the adverse effects to drainage patterns;
and preserves biofiltration of contaminants and sediments,
and
surface and groundwater exchanges.
The proposed amendments would also clarify the provisions
regarding
normal
residential
and
park-like
landscaping
around
regulated lakes to allow consistent application of existing lake
code provisions.
C.
The proposed amendments are in the best interest of
the residents
of the city as protecting
sensi ti ve areas
from
degradation,
and
assists
in
preserving
the
existing
natural
environmental functions and values.
Allowing normal
landscaping within regulated
setback
areas reflects historical development trends around lakes and the
public's expectation regarding use of shoreline areas.
section 3.
The Federal Way Zoning Code §80. 65
is
amended as follows:
80.65
Requlated Slopes - Development Limited
This section regulates development activities and land
surface modifications on or within 25 feet of a regulated
slope.
1.
General - Development activities, ~~ land surface
modifications, or landscapinq may not occur on or
within 25 feet of a regulated slope unless no
reasonable alternative exists and then only if the
development activity or land surface modification
will not lead to or create any increased slide,
seismic or erosion hazard.
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2.
Required Information Before approving any
development activity, ~~ land surface modification,
or landscapinq under this Section, the City may
require the applicant to submit the following
information:
a.
A soils report prepared by a qualified
professional engineer licensed in the state of
Washington which describes how the proposed
development will impact each of the following
on the subject property and nearby properties:
1)
Slope stability,
sloughing.
and
landslide
hazard
2)
3)
Seismic hazards.
Groundwater.
4)
5)
Seeps, springs and other surface waters.
Existing vegetation.
b.
Recommended foundation design and
location for roadways improvements.
optimal
c.
Recommended methods for mitigating identified
impacts and a description of how these
mitigating measures may impact adjacent
properties.
d.
Any other information the City determines is
reasonably necessary to evaluate the proposal.
3.
If the city approves any development activity or
land surface modification under this section, it
may, amongst other appropriate conditions, impose
the following conditions of approval:
a.
That the recommendations of the soils report
be followed.
b.
That the applicant pay for the services of
qualified professional engineer selected and
retained by the City to review the soils
report and other relevant information.
c.
That a qualified professional engineer be
present on site during all land surface
modification activities.
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d.
That trees, shrubs and ground cover be
retained except where necessary for approved
development activities on the subject
property.
e.
That additional
disturbed areas.
in
vegetation
be
planted
section 4.
The Federal Way Zoning Code §80.75 is
amended as follows:
80.75
streams - General.
2.
1.
Setbacks No land surface modification, ~~
improvements, or landscapinq may take place or be
located in a stream or within the following setback
areas except as allowed within this Chapter:
a.
The setback area for a major stream includes
all areas within 100 feet outward from the top
of each bank of a major stream.
b.
The setback area for a minor stream includes
all areas within 50 feet outward from the top
of each bank of a minor stream.
Exceptions - The setback areas established by this
section do not apply to any segment of a stream
that is presently within a culvert, unless that
stream will be taken out of the culvert as part of
development of the subject property.
Section 5.
The Federal Way Zoning Code §80.130 is
amended as follows:
80.130
Requlated Lakes - Activities and Improvements Within the
Required Setback Areas from Requlated Lakes.
No structure, improvement nor land surface modification
may be located or take place within the setback area from
a regulated lake except as allowed in this section.
1.
Landscapinq and Land Surface Modification - Except
as otherwise specifically permitted in this
section, the setback area from a regulated lake may
not be covered with impervious surface. ~
Installation and maintenance of ~aRàSßa~~~
normaliy ~66e8ia~e&~~ residential or park-like
landscapinq ~ may take place within the required
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setback area, provided that no fertilizers,
pesticides or other chemicals or substances are
applied within the setback area that will degrade
water quality or hasten eutrophication of the lake.
Land surface modification beyond installation and
maintenance of -laREÌseap;i,¡:¡g normal;!',:, -a£seG:iateQ ...,.~
residential or park-like landscapinq ~se may only
be permitted within the setback area if approved
through Process I based on the following criteria:
a.
The proposed land surface modification is
necessary for the reasonable use of the
subject property.
b.
The land surface modification will not
increase or decrease the size of the regulated
lake.
c.
The land surface modification will not change
the points where any water enters or leaves
the subject property nor in any way change
drainage patterns to or from adjacent
properties.
d.
The proposed land surface modification will
not be detrimental to water quality or
habitats in or around the lake.
2.
Minor structures and Improvements Minor
improvements such as walkways, benches, platforms
for storage of small boats and small storage
lockers for paddles, oars, life preservers and
similar boating equipment may be located within the
setback area if approved by the Planning Official
based on the following criteria:
a.
The minor improvement
affect water quality.
adversely
will
not
b.
The minor improvement will not destroy nor
damage a significant habitat area.
c.
The minor improvement will not
affect drainage or storm water
capabilities.
adversely
retention
d.
The minor improvement will not be materially
detrimental to any other property in the area
of the subject property nor to the City as a
whole, including the loss of significant open
space or scenic vistas.
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3.
Essential Public Facilities and utilities - The
Planning Official may permit the placement of an
essential public facility or utility in the setback
area if he/she determines that the line or
improvement must traverse the setback area because
no feasible alternative location exists based on an
analysis of technology and system efficiency. The
specific location and extent of the intrusion into
the setback area must constitute the minimum
necessary encroachment to meet the requirements of
the public facility or utility.
4.
Other Intrusions -
a.
b.
Where the properties immediately abutting the
subject property have' dwelling units which
extend into the setback area, the applicant
may construct a dwelling unit on the subject
property that extends into this setback area
to the extent permitted in paragraph 4. b of
this section
Where paragraph 4.a of this section applies,
the dwelling unit on the subject property may
be no closer to the ordinary high watermark of
the regulated lake than the average of the
distance of the two dwelling units on the
properties immediately abutting the subject
property. If one of the properties
immediately abutting the subject property does
not contain a dwelling unit or the dwelling
unit on that abutting property is more than 25
feet from the ordinary high watermark of the
regulated lake, the setback of the dwelling
unit on that lot will be presumed to be 25
feet for the purposes of calculating the
permissible location for the dwelling unit on
the subject property under this section.
Reveqetation - The applicant shall stabilize all
areas left exposed after land surface modification
with appropriate vegetation.
5.
section 6.
The Federal Way Zoning Code §80.155 is
amended as follows:
80.155
Requlated Wetlands - Structures. Improvements and Land
Surface Modifications Within Requlated Wetlands.
1.
General - No land surface modification may take
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2.
3.
place, -ilM no structure or improvements may be
located, and no landscapinq mav occur in a
regulated wetland except as provided in this
section.
Public Park - The city may allow pedestrian access
through a regulated wetland in conjunction with a
public park. The access, if approved, must be
designed to the maximum extent feasible to protect
the wetland from any adverse effects or impacts of
the access and to limit the access to the defined
access area.
Rehabilitation - The Planning Official may permit
or require the applicant to rehabilitate and
maintain a regulated wetland by removing
detrimental material such as debris and
inappropriate vegetation and by requiring that
native vegetation be planted. These actions may be
required at any time that a condition detrimental
to water quality or habitat exists.
section 7.
The Federal Way Zoning Code §80.160 is
amended as follows:
Requlated Wetlands - structures, Improvements and Land
Surface Modification within the Setback Areas from
Requlated wetlands.
80.160
1.
General - Except as allowed in this Section, no
land surface modification may take place, ~ no
structure or improvement may be located, and no
landscapinq mav occur within the setback area from
a regulated wetland.
2.
Essential Public Facilities and utilitv The
Planning Official may permit the placement of an
essential public facility or utility in a setback
area from a regulated wetland if he/she determines
that the line or improvement must traverse the
setback area because no feasible or alternative
location exists based on an analysis of technology
and system efficiency. The specific location and
extent of the intrusion into the setback area must
consti tute the minimum necessary encroachment to
meet the requirements of the public facility or
utility.
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3.
Minor Improvements - Minor improvements such as
foot bridges, walkways and benches may be located
within the setback area from a regulated wetland if
approved through Process I based on the following
criteria:
a.
b.
c.
d.
It will not adversely affect water quality.
It will not destroy nor damage a significant
habitat area.
It will not adversely affect drainage or storm
water retention capabilities.
It will not lead to unstable earth conditions
nor create erosion hazards.
e.
It will not be materially detrimental to any
other property in the area of the subj ect
property nor to the City as a whole, including
the loss of significant open space or scenic
vista.
Modification other than as specified in
paragraphs 2 and 3 of this Section, the City may
approve any request to locate an improvement or
engage in land surface modification within the
setback area from a regulated wetland through
Process II, based on the following criteria:
4.
a.
It will not adversely affect water quality.
b.
It will not destroy nor damage a significant
habitat area.
c.
It will not adversely affect drainage or storm
water retention capabilities.
d.
It will not lead to unstable earth conditions
nor create erosion hazards.
e.
It will not be materially detrimental to any
other property in the area of the subj ect
property nor to the City as a whole, including
the loss of significant open space or scenic
vista.
f.
It is necessary for reasonable development of
the subject property.
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5.
Reveqetation - The applicant shall stabilize all
areas left expo~d after land surface modification
with native vegetàtion normally associated with the
setback area.
section 8.
Ratification.
Any act consistent with
the authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
section 9.
Severabilitv.
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 10.
Effective Date.
This ordinance shall
be effective five
(5)
days after passage and publication of an
approved summary of this ordinance.
PASSED by the City Council of the City of Federal Way
this
18th
day of
December
, 1990.
ilt~~ , ß/
YOR, DEBRA ERTEL
-10
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: 12/21/90
EFFECTIVE DATE: 12/26/90
ORDINANCE NO. 90-79
12/7/90
12/18/90
90L192
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