LUTC PKT 10-26-1998
~/úJ¿.
City of Federal Way
City Council
Land Userrransportation Committee
October 26, 1998
5:30 pm
City Hall
Council Chambers
MEETING AGENDA
1.
CALL TO ORDER
2.
APPROVAL OF MINUTES
3.
PUBLIC COMMENT (3 minutes)
4.
COtv1lv1ISSION COMMENT
5.
BUSINESS ITEMS
A.
Shorelines Code Amendment
Action
McClung
6.
FUTURE MEETING AGENDA ITEMS
SWManagement/Dept of Ecology Ordinance &
Manual Package
Open Cut of ROW vs Boring
Mirror Lake BasinlFlooding
Non Residential Design GUIdelines
Adult Entertainment Regulations
RTA Process
Endangered Species Act Update
7.
ADJOURN
Committee Members:
Phil Watkins, Chair
Jeanne Burbidge
Mary Gates
City Staff:
Greg lv/oore, Director, Community Development Services
Sandy Lyle, Administrative Assistant
253.661.4116
I:\LU- TRANS\OCT26LUT.AGN
City of Fcderal Way
City Council
Land Use/Transportation Committee
/ÞJ
October ð, 1998
5:30pm
City Hall
Council Chambers
SUMMARY
In attendance: Committee members Phil Watkins (Chair), Mary Gates and Jeanne Burbidge; Council Member Linda Kochmar;
Director of Community Development Services Greg Moore; Public Works Director Cary Roe; Management Services Director
lwen Wang; Deputy Director of Community Development Services Kathy McClung; Assistant City Attorney Bob Sterbank;
Building Official Mary Kate Gaviglio; Street Systems Engineer Ken Miller; Senior Planner Margaret Clark; Development
Services Manager Stephen Clifton; Traffic Engineer Rick Perez; Surface Water Manager Jeff Pratt; Parks Planner Jon Jainga;
City Manager Assistant Derek Matheson; Administrative Assistant Sandy Lyle.
1.
CALL TO ORDER
The meeting was called to order at 5:33pm by Chairman Phil Watkins.
2. APPROVAL OF MINUTES
The minutes of the October 5, 1998, meeting were approved as presented.
3. PUBLIC COMMENT
There was no public comment on any non-agenda items.
4. COMMISSION COMMENT
There was no additional comment from any of the City Commissions.
5. BUSINESS ITEMS
A. Land Use Permit!Building/En!!ineerin~ Fees - The Committee heard a proposal to revise fees for building, land use and
engineering related permits and services. Proposed increases include a restructuring for Federal Way Fire Department
annual permits as well as other fire department permits and plan review. Revisions include an update of hourly
inspection rates for mechanical permits, adoption of recent increases in electrical permit fees approved by the
Department of Labor and Industries, and adoption of fee increases contained in the 1997 Uniform Building Code. The
Land Use Fee Chart would be adjusted by the Consumer Price Index over the last 6 years, or 12.87 %. In addition,
changes to engineering fees were also proposed. The Committee mlslc recommendation that the City Council approve
the fee increases. The recommendation includes an annual future increase tied to the Consumer Price Index (CPI).
Basic fees will be reviewed every four years for costs recovery in conjunction with the biennial budget preparation.
B. South 344th Street Vacation Reqpest - The Quadrant Corporation has petitioned the City to vacate approximately 8,750
square feet of right-of-way, located adjacent to South 344th Way, between Weyerhaeuser Way South and South 344th
Way. Granting the vacation would provide for better coordination with the roadway work on South 344th Way
improvements and allow for uniform landscaping and grading along South 344th Way and the adjacent properties. The
Committee mls/c recommendation of approval to the City Council and approval of a December 1, 1998, Public
Hearing. The Committee also rnls/c recommendation of approval of the street vacation request at the public hearing
subject to 100 % reimbursement of the appraised fair market value of the land.
C. BP A Phase III Trail Corridor 50 % Design Ap¡>roval - Three design options for the BP A Trail Corridor Phase III were
presented to the Committee. Based upon public input and the preference of the Parks, Recreation, Human Services &
Public Safety Committee the Land Use/Transportation Committee mls/c the recommendation of approval of Alignment
'A' as the preferred alternative. They recommended that the project proceed to final design and that right of way
acquisition begin. The project will return to Committee at the 90 % completion stage.
D. 1998 CoII1Prehensive Plan UJX!ate/Site Specific Chang:es to CoII1Prehensive Plan M<\p - As a follow-up to the October
5, 1998, meeting, staff began a presentation of revised language to Federal Way City Code (FWCC) Chapter 22,
Section 22-1542 regarding width of driveways for three-car garages associated with single family residences and
Section 22-1543 pertaining to Access Management Standards and Chapter 3, Transportation. The Committee requested
additional time to study the Transportation information. Staff then discussed six site specific zoning change requests for
changes to Comprehensive Plan designations. The Committee mls/c recommendation of approval of the Planning
Commission recommendation on site specific requests #1, #3, #4 and #5. Regarding site specific request #6, the
Barovic property, the Committee wished to maintain Suburban Estates zoning due to the environmental nature of the
site. Site Specific Request #7 is unique and the Committee requested staff to prepare a Development Agreement which
would allow Neighborhood Business zoning with restricted use in order to protect the enviromentally sensitive character
of this area. Transportation site specific requests #T2 and T3 were approved for recommendation to the Council. Site
specific Request #T 1 was denied.
6.
FUTURE MEETINGS
A special meeting to discuss the Shorelines code amendment will be held October 26, 1998. A complete package of all
changes to the Comprehensive Plan will be reviewed at the November 2, 1998, meeting.
7. ADJOURN
The meeting was adjourned at 8:20pm.
I:\LU -TRANS\OCf19LUT .SUM
Memo
FROM:
LUTC members
Kathy McClung, Deputy CDS Director ~tJ\
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-lOa', 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 "3D'" 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 Section 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
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.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 18
OF THE FEDERAL WAY ZONING CODE, ADOPTING
SPECIFIC AMENDMENTS TO THE SHORELINE
REGULATIONS AND ADOPTING A SHORELINE MASTER
PROGRAM TO INCLUDE IN THE FEDERAL WAY
COMPREHENSIVE PLAN AND TO REPLACE THE
ADOPTED KING COUNTY ORDINANCE (Title 25).
A.
WHEREAS amendments to the Federal Way City Code (FWCC) text and
Shoreline Master Program Map are authorized pursuant to the authority of the Shoreline
Management Act of 1971, RCW Ch 90.58 as amended, and the Shoreline Management
Guidelines, WAC Ch 173-14; and
B.
WHEREAS the Federal Way City Council has considered proposed changes
to the FWCC regarding specific shoreline management regulations; and
C.
WHEREAS the Federal Way City Council, pursuant to FWCC 22-517, having
determined the Proposal to be worthy of legislative consideration, referred the Proposal
to the Federal Way Planning Commission as a priority item for its review and
recommendation; and
D.
WHEREAS the Federal Way Planning Commission, having considered the
Proposal at public hearings during 1998 on April 1 st pursuant to FWCC Section 22-523,
and all public notices having been duly given pursuant to FWCC Section 22-528; and
E.
WHEREAS the public was given opportunities to comment on the Proposal
ORD#
, PAGE 1
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
2.
The Federal Way Comprehensive Plan contains policies that call for the
ORD#
, PAGE 2
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
35A.63.070, held public hearings on the proposed regulatory amendments and has
considered the testimony, written comments, and material from the public by and through
said hearings.
Section 2. Conclusions. Pursuant to FWCC Section 22-216 and based upon
the Findings set forth in Section 1, the Federal Way City Council makes the following
Conclusions of Law with respect to the decisional criteria necessary for the adoption of
the Proposal:
1.
The Proposal is consistent with the following Comprehensive Plan goals
and policies contained in the Natural Environment chapter:
NEG10 Create a new shoreline master program that is consistent with
community values, land use and environmental protection.
NEP44 The City should create a new Shoreline Master Program that
is consistent with State law, and the policy direction of the Natural
Environment and Land Use chapters of this Plan.
NEP45 The Shoreline Master Program should recognize the unique
recreational and natural habitat of the City's shorelines.
ORD#
, PAGE 3
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.
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
___n__---
ATTACHMENT A
ARTICLE III. SHORELINE
MANAGEMENT*
*Cross reference(s)--Regulations regarding structures built over water, § 8-54; requirements for drainage
review, § 21-87; supplementary zoning district regulations, § 22-946 et seq.
State law reference(s)--Shoreline management act, RCW 90.58.030.
----------
DIVISION 1. GENERALLY
Sec. 18-161. Purpose and authority.
The city adopts these regulation under the authority of the Shoreline Management Act
of 1971, RCW ch. 90.58, as amended, and the Shoreline Management Guidelines, WAC ch.
173-14.
(Ord. No. 90-38, § 1(24.10),2-27-90)
See. 18 162. Shoreline master program.
(a) The city adopts by referenee the follo'¡¡ing portions of King County Ordinance No.
3692, Shoreline Master Program (goals, objeetives and policies), one copy of 'vvhich is on file
vÚth the offiee of the eity elerk:
(1)
(2)
(3)
Master program elements.
Shoreline enyironments.
Shoreline use activities.
(b) The city adopts by refereaee portioHs of the King County Code, Title 25, ShoreliRe
ManagemeRt as follo'.7;S, ORe eopy of \-,¡hich is OR file 'vVith the city clerk:
(1)
(2)
(3)
(4)
(5)
(6)
Chapter 25.01, Purpose, title, seopc.
Chapter 25.08, DefmitioRs.
Chapter 25.12, ER'iÌroRmcRt designations.
Chapter 25. 16, UrbaR enviroRment.
Chapter 25.20, Rural eRyironmeRt.
Chapter 25.21, CoRservaney environmeRt.
(7) Chapter 25.28, Natural environment.
(Onl. No. 9Q jg, § 1(24.20.10, 24.20.2Q), 22790)
Sec. 18-tQ 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 9O.58.030(2)(e). The approximate location of these shorelines shall be designated on
maps maintained by the department of community development; however, the property owner
or applicant shall be responsible for determining the exact location of the shoreline when a
permit is filed.
(b) No development shall be undertaken by any person on the shorelines of the state
without obtaining a shoreline permit from the department of community development;
provided, that a permit shall not be required for development exempted from the definition of
substantial development in WAC 173-27-040 and for developments exempted by RCW
90.58.140(9) and (10).
(Ord. No. 90-38, § 1(24.30.10, 24.30.20), 2-27-90)
Sec. 18-163. Additional definitions.
Unless otherwise defined in this chapter. the definitions contained in this chapter.
Chapter 22. RCW Chapter 90.58. and WAC 173-26 shall apply.
Access: Public access means actual unobstructed access available to the general public
from land to the ordinary high water mark or to the wetland directly abutting the ordinary
high water mark.
Access: Limited public access means:
L
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 adjacent
waterbody. such access being specificallv provided for in the development of
the site.
Average f!rade level means the average of the natural or existing topography at the
center of all exterior walls of a building or structure to be placed on a site: provided. that in
the case of structures to be built over water. average grade level shall be the elevation or
ordinary high water.
Backshore means a berm. together with associated marshes or meadows. on marine
shores landward of the ordinary high water mark which is normal above high tide level and
has been gradually built up by accretion.
Beach feeding 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 generally paralleling the
shore at or landward of. the ordinary high water mark which are normally stable because of
material size or vegetation.
Breakwater means an off-shore structure. either floating or not which mayor may not
be connected to the shore, such structure being designated to absorb and/or reflect back into
the water body the energy of the waves.
Bulkhead means a solid or open pile of rock, concrete, steeL timber, other materials. or
a combination of these materials erected generally parallel to and near the ordinary high water
mark for the purpose of protecting adj acent shorelands and uplands from waves or currents.
Class I beach means a beach or shore haying dependable, geologically fully developed,
and normally dry backshore above high tide.
Class II beach means a beach or shore having only marginally, geologically partially
developed, and not dependably dry backshore above high tide.
Class III beach means a beach or shore having no dry backshore available at high tide.
Environment. or master program environment. or shoreline environment means the
categories of shorelines of the state established by the City of Federal Way shoreline
management master program to differentiate between areas whose features imply differing
objectives regarding their use and future development.
Float means a structure or device which is not a breakwater and which is moored,
anchored, or otherwise secured in the waters of Federal Way, and which is not connected to
the shoreline.
Groin means a barrier type structure extending from the backshore into the water
across the beach. The purpose of a groin is to interrupt sediment movement along the shore.
Jettv means an artificial barrier used to change the natural littoral drift to protect inlet
entrances from clogging by excess sediment.
Littoral driti means the natural movement of sediment along marine or lake shorelines
by wave breaker action in response to prevailing winds.
Non-water-oriented uses means those uses which have little or no relationship to the
shoreline and are not considered priority uses under the SMA. Examples include professional
offices, automobile sales or repair shops, mini-storage facilities. multi-family residential
deyelopment department stores, and gas stations.
-3-
Stringline setback means a straight line drawn between the points on the primary
buildings having the greatest projection (including appurtenant structures such as decks)
waterward on the two adjacent properties.
Water-dependent means a use or portion of a use which can not exist in any other
location and is dependent on the water by reason of the intrinsic nature of its operations.
Examples of water dependent uses may include ship cargo terminal loading areas, ferry and
passenger terminals. barge loading facilities, ship building and dry docking, marinas,
aquaculture, float plane facilities and sewer outfalls.
Water-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 enjoyment of the shoreline for a substantial number of people as a general
characteristic of the use and which through the location, design and operation assures the
public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to
qualify as a water-enjoyment use. the use must be open to the general public and the shoreline
oriented space within the project must be devoted to the specific aspects of the use that fosters
shoreline enjoyment. Primary water-enjoyment uses may include, but are not limited to,
parks, piers and other improvements facilitating public access to shorelines of the state: and
general water-enjoyment uses may include. but are not limited to, restaurants, museums,
aquariums. scientific/ecological reserves, resorts and mixed-use commercial: Provided. that
such uses conform to the above water-enjoyment specifications and the provisions of the
master program.
Water-oriented means any combination of water-dependent. water-related, and/or
water-enjoyment uses and serves as an all-encompassing definition for priority uses under the
SMA.
Water-related means a use or portion of a use which is not intrinsically dependent on a
waterfront location but whose economic vitality is dependent upon a water-front location
because:
(a) of a functional requirement for a waterfront location such as the arrival or shipment
of materials by water or the need for large quantities of water or,
(b) the use provides a necessary service supportive of the water-dependent commercial
activities and the proximity of the use to its customers makes its services less
expensive and/or more convenient. Examples include professional services serving
primarily water-dependent activities and storage of water-transported foods.
DIVISION 2. SHORELINE REGULATION
Sec. 18-164. Environmental designations.
Sec. 18-164.01. Purpose.
-4-
The purpose of these designations is to differentiate between areas whose geographicaL
hydrological, topographical, or other features imply differing objectives regarding the use and
future development of the shorelines of the city.
Each environment designation represents a particular emphasis in the type of uses and
the extent of development that should occur within it. The environmental designation system
is designed to encourage uses in each environment that enhance or are compatible with the
character of the environment while at the same time requiring reasonable standards and
restrictions on development so that the character of the environment is not adversely
impacted.
Sec. 18-164.02. Names of environment designations.
In order to accomplish the purpose of this title. environmental designations have been
established to be known as follows:
L
2.
1-
4.
Natural environment.
Conservancy environment.
Rural environment.
Urban environment.
Sec. 18-164.03 Limits of environment designations.
Each environment designation shall consist of:
L
The entire water body from its centerline or point including all water below
the surface.
2.
The shoreline areas where severe biophysical constraints such as floodplains.
steep slopes. slide hazard areas. and wetlands do not cover the entire associated
shoreland. proposed development in the remaining area may be permitted
consistent with the character of the surrounding land use. the physical
capabilities of the shorelands. and applicable city land use plans and policies.
Sec. 18-164.04 Establishment of designations.
L
The written descriptions of the boundaries of the shoreline environment
designations as adopted by ordinance in the possession of the department shall
constitute the official legal descriptions of the boundaries of those environment
designations.
~
The official maps prepared pursuant to WAC 173-16 and 173.26 in the
possession of the department shall constitute the official descriptions of the
limits of all shorelands in the City of Federal Way as defined by RCW
90.58.030 and section 18.163 of this chapter.
-5-
L
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
Boundaries indicated as following streets, highways, roads, and bridges shall be
deemed to follow the centerline of such facilities unless otherwise specified.
b.
Boundaries indicated as following railroad lines and transmission lines shall be
deemed to follow the centerline of such rights-of-wav or easements unless
otherwise specified.
L
Where different environmental designations have been given to a tributary and
the main stream at the point of confluence, the environmental designation given
to the main stream shall extend for a distance of 200 feet up the tributary.
i.
In case of uncertainty as to a wetland or environment boundary, the director of
community development services shall determine its exact location pursuant to
the criteria of WAC 173-22-055 and RCW 90.58.030, and the provisions of this
chapter.
Sec. 18-165. Urban environment.
Sec. 18-165.01. Purpose.
The purpose of designating the urban environment is to ensure optimum utilization of
the shorelines of the state within urbanized areas by permitting intensive use and by managing
development so that it enhances and maintains the shorelines of the state for a multiplicity of
urban uses. The urban environment is designed to reflect a policy of increasing utilization and
efficiency of urban areas, to promote a more intense level of use through redevelopment of
areas now under utilized, and to encourage multiple use of the shorelines of the city if the
maior use is water dependent or water related, while at the same time safeguarding the quality
of the environment.
Sec. 18-165.02. Designation 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.
b.
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 multifamily residential
devel opm ent.
4.
Shorelines of the city developed for residential purposes and where surrounding
land use is urban and urban services are available.
~
Shorelines of the city to be designated urban environment shall not have
biophysical limitations to development such as floodplains. steep slopes. and
slide hazard areas.
Sec. 18-165.03. General Requirements.
1.
Development waterward of the ordinary high water mark is prohibited except
water dependent recreational uses.
b
No structure shall exceed a height of 35 feet above average grade level. This
requirement may be modified if the view of a substantial number of residences
will not be obstructed. if permitted outright by the applicable provisions of the
underlying zoning. and if the proposed development is water related or water
dependent.
L
All development shall be required to provide adequate surface water retention
and sedimentation facilities during: the construction period.
4.
Development shall maintain the first 50 feet of property abutting a natural
environment as required open space.
~
Parking facilities. except parking facilities associated with detached single-
family development. shall conform to the following minimum conditions:
a.
Parking facilities serving individual buildings on the shoreline shall be
located landward from the principal building being served. EXCEPT
when the parking facility is within or beneath the structure and
adequately screened. or in cases when an alternate location would have
less environmental impact on the shoreline.
b.
Any 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 prohibited over water and within
shoreline jurisdiction.
4..
Parking in shoreline jurisdiction shall directly serve a permitted
shoreline use.
-7-
~
One live tree with a minimum height of four feet shall be required for
each 30 linear feet of planting area.
f.
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.
6.
In addition to any requirements imposed by Chapter 21 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.
1.
The regulations of this chapter have been categorized in a number of sections.
regardless of the categorization of the various regulations. all development must
comply with all applicable regulations.
Sec. 18-165.04. Residential development.
Single family and multiple family residential development may be permitted in the
urban environment subject to the general requirements of Chapter 22. Article XL Divisions 3
and 4. and the following:
-8-
L
Single family or multiple family residential development is permitted in the
underlying zone classification.
~
Residential development is prohibited waterward of the ordinary high water
mark.
1.
Setbacks.
a.
Single family residential development shall maintain a minimum setback
behind the stringline setback. or 50 feet from the ordinary high water
mark. whichever is greater. except in the followin~ cases:
L
If the property is undeveloped and reasonable use of the property
cannot occur without further encroachment of the setback due to
physical constraints of the lot. then the director of community
development services can reduce the setback to the minimum
necessary in order to build a sjngle family home. but in no case.
less than 30 feet from the ordinary high water mark.
2.
If the property is developed with a single family home within 50
b.
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
nonconforming as to its setback and the height of the addition
within the setback area is not increased, or the applicant may
request a shoreline variance and conditional use permit.
.L
If single family residential development is proposed on a lot
where properties adjacent to both sides of the lot are developed
in single family residences located less than 50 feet from the
ordinary high water mark, then the proposed residential
development may be located the same distance from the ordinary
high water mark as the adjacent residences ( using stringline
method) or 30 feet from the ordinary high water mark,
whichever is greater.
4.
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:
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If the property is undeveloped and reasonable use of the property
cannot occur without further encroachment of the setback due to
physical constraints of the lot. then the setback can be reduced to
the minimum necessary in order to build a single family home,
but in no case less than 30 feet of the ordinary high water 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 nonconforming as to its setback.
.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
XIV of Chapter 22.
4.
Residential accessory structures may be placed within the required shoreline
setback, provided:
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a.
No accessory structure. except swimming pools. shall cover more than
150 square feet.
b.
No accessory structure shall obstruct the view of the neighboring
properties.
~
No accessory structure shall exceed eight feet in height.
Sec. 18-165.05. Residential piers. moorage. or launching facilities. Conditions.
Any pier. moorage. float. or launching facility authorized by sections 18.165.04
through 18.165.06 shall be subject to the following conditions:
L
Residential piers are prohibited on the Puget Sound shoreline.
2.:.
No dwelling unit may be constructed on a pier.
1.
Excavated moorage slips shall not be permitted accessory to single family
residences. multifamily development. or as common use facilities accessory to
subdivisions and short subdivisions.
4.
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 adj acent property
owners when mutually agreed to by the property owners in a contract recorded
with King County. a COPy of which must accompany an application for a
building permit or a shoreline permit: such joint use piers may be permitted up
to twice the surface area allowed by this title.
~
All piers. moorages. floats. or other such structures shall float at all times on
the surface of the water. or shall be of open pile construction. provided no
portion of the structure shall. during the course of the normal fluctuations of
the elevation of the water body. protrude more than five feet above the surface
of the water.
Sec. 18-165.06. Residential piers. moorage. or launching facilities. Accessory to
residential development.
Piers. moorages. floats. or launching facilities may be permitted accessory to a single
family residence. multifamily development. or as common use facilities associated with a
subdivision. in accordance with this chapter and the following limitations:
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Private. sinflle residence piers for the sole use of the property owner shall not
be permitted outright on City of Federal Way shorelines.
2.
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:
£:.
b.
c.
Commercial or marina moorage.
Floating moorage buoys.
Joint use moorage pier.
No more than one pier for each residence is permitted. On lots with less than
50 feet of waterfront. only joint use piers shall be permitted except when both
lots abutting the subject lot have legally established piers then the lot with less
than 50 feet of waterfront may be permitted an individual pier.
~
Multiple family residence piers and piers associated with a subdivision as a
common use facility shall not exceed the following:
a.
No more than one pier for each 100 feet of shoreline associated with the
multifamily development. subdivision. or short subdivision is permitted.
1L
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.
4.
Pier and moorage size.
£:.
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:
L
If a pier is a common use pier associated with a multiple family
development or subdivision this intrusion may be increased four
feet for each additional moorage space over six moorage spaces
to a maximum of 76 feet.
b.
The maximum width of each pier shall be eight feet.
~
No float shall have more than 100 square feet of surface area.
~
The total surface area of piers. moorages. floats. and/or launching
facilities. or any combination thereof. associated with a single family
residence shall not exceed 500 square feet.
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5.
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No pier. including finger pier. moorage. float. or over water structure or
device. shall be wider than 25 percent of the lot with which it is
associated.
Moorage piles. Moorage piles not constructed in conjunction with a pier are
limited by the following conditions:
a.
All piles shall be placed so as to not constitute a hazard to navigation.
1L
No pile shall be placed more than 80 feet waterward of the ordinary
high water mark.
~
All moorage piles shall be placed in a water depth not to exceed 13 feet
below the ordinary high water mark.
d.
No more than two moorage piles per residence are permitted.
Launching ramps and lift stations require a shoreline conditional use permit and
are limited by the following conditions:
~
No portion of a launching ramp or lift station shall be placed more than
60 feet waterward of the ordinary high water mark.
1L
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.
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Launching rails or ramps shall be anchored to the ground through the
use of tie-type construction. Asphalt. concrete. or other ramps which
solidly cover the water body bottom are prohibited.
~
No more than one launching rail per single family residence is
permitted. and no more than two common use launching ramps for each
100 feet of shoreline associated with a multifamily development short
subdivision. or subdivision.
Floats are limited under the following conditions:
a.
One float per single family residence. multifamily development. short
subdivision. or subdivision is permitted.
!L.
No portion of a float shall be placed more than 36 feet waterward of the
ordinary high water mark.
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Retrieval lines shall not float at or near the surface of the water.
!L
No float shall have more than 100 square feet of surface area.
Sec. 18-165.07. Utilities.
Utility facilities may be permitted in the urban environment subject to the requirements
of this chapter, provided:
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2.:.
1.
4.
Utility and transmission facilities shall:
a.
Avoid disturbance of unique and fragile areas.
b.
Avoid disturbance of wildlife spawning. nesting. and rearing areas.
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Overhead utility facilities shall not be permitted in public parks.
monuments. scenic. recreation. or historic areas.
Utility distribution and transmission facilities shall be designed so as to:
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Minimize visual impact.
b.
Harmonize with or enhance the surroundings.
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Not create a need for shoreline protection.
!L
Utilize to the greatest extent possible natural screening.
The construction and maintenance of utility facilities shall be done in such a
way so as to:
a.
Maximize the preservation of natural beauty and the conservation of
resources.
b.
Minimize scarring of the landscape.
~
Minimize siltation and erosion.
d.
Protect trees. shrubs. grasses. natural features. and topsoil from drainage.
~
Avoid disruption of critical aquatic and wildlife stages.
Rehabilitation of areas disturbed by the construction and/or maintenance of
utility facilities shall:
~
Be accomplished as rapidly as possible to minimize soil erosion and to
maintain plant and wildlife habitats.
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b.
Utilize plantings compatible with the native vegetation.
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Solid waste transfer stations shall not be permitted within the shorelines of the
state.
Sec. 18-165.08. Office and commercial development.
Office development may be allowed in the urban environment subject to the
requirements of this chapter. provided:
L
The office or commercial use or activity is permitted in the underlying 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:
a.
If the property is developed with a structure within 75 feet of the
ordinary high water mark. then the structure can only be added to if the
addition will not make the structure any more nonconforming as to its
setback.
1L.
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.
L
Piers. moorages. floats. and launching facilities will not be permitted in
conjunction with office or commercial development: unless they are developed
as part of on-site public access to the shoreline.
Sec. 18-165.09. Shoreline protection.
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Shoreline protection may be permitted in the urban environment. provided:
L
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 qualify for the RCW
90.58.030(3)(e)(iii) exemption from the shoreline permit requirements. the City
of Federal Way shall review the proposed bulkhead design as it relates to local
physical conditions and the City of Federal Way shoreline master program and
must find that:
~
Erosion from waves or currents presents a clear an imminent threat to a
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L
legally established residence. one or more substantial accessory
structures. or public improvements:
b.
The proposed bulkhead is more consistent with the intent of the City of
Federal Way shoreline master program in protecting the site and
adjoining shorelines than other nonstructural alternatives such as slope
drainage systems. vegetative growth stabilization. gravel berms. and
beach nourishment. and that such alternatives are not technically feasible
or will not adequately protect a legally established residence or
substantial accessory structure:
c.
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 project replacing an existing bulkhead shall be placed
along the same ali~nment as the shoreline protection it is replacing. subject to
the following:
a.
When a bulkhead has deteriorated such that the ordinary high water
mark has been established by the presence and action of water landward
of the existing bulkhead. then the replacement bulkhead must be located
at or as near as possible to the actual ordinary high water mark.
~
When an existing bulkhead is being repaired by the construction of a
vertical wall fronting the existing wall. it shall be constructed no further
waterward of the existing bulkhead than is necessary for construction of
new footings.
~
Beach nourishment and bioengineered erosion control projects may be
considered a normal protective bulkhead when any structural elements
are consistent with the above requirements. and when the project has
been approved by the Department of Fish and Wildlife.
Shoreline protection shall not have adverse impact on the property of others
and shall be designed so as not to create a need for shoreline protection
elsewhere.
~
Shoreline protection shall not significantly interfere with normal surface
and/or subsurface drainage into the water body and shall be constructed
using an approved filter cloth or other suitable means to allow passage
of surface and groundwater without internal erosion of fine material.
-15-
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Shoreline protection shall not be used to create new lands. except that
groins may used to create or maintain a public Class I beach if they
comply with all other conditions of this section.
~
Groins are permitted only as part of a public beach management
program. Jetties and breakwaters are not permitted.
Sec. 18-165.10. Recreation.
Recreational development mav be permitted in the urban environment subject to the
general requirements of this chapter. provided:
~
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i.
2.
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The recreational development is permitted in the underlying zone.
Swimming areas shall be separated from boat launch areas.
The development of underwater sites for sport diving shall not:
a.
Take place at depths of greater than 80 feet.
!L
Constitute a navigational hazard.
~
Be located in areas where the normal waterborne traffic would constitute
a hazard to those people who may use such a site.
The construction of swimming facilities. piers. moorages. floats. and launching
facilities below the ordinary high water mark shall be governed by the
regulations of sections 18.165.05 and 18.165.06 of this chapter.
Public boat launching facilities may be developed. provided:
~
The traffic generated by such a facility can be safely and convenientlv
handled by the streets serving the proposed facility.
The facility will not be located on a Class I beach.
Upland facilities constructed in conjunction with a recreational development
shall be setback and/or sited to avoid contamination of the shorelines of the
~
§"
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Public pedestrian and bicycle pathways shall be permitted adjacent to water
bodies.
Public contact with unique and fragile areas shall be permitted where it is
possible without destroving the natural character of the area.
~
Water viewing, nature study, recording, and viewing shall be accommodated by
space, platforms, benches, or shelter consistent with public safety and security.
Sec. 18-165.10. Salmon and Steelhead Habitats
~
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Structures which prevent the migration of salmon and steel head shall not be
allowed in the portions of the water bodies used by fish. Fish bypass facilities
shall allow the upstream migration of adult fish. Fish bypass facilities shall
prevent fry and juveniles migrating downstream from being trapped or harmed
~
Landfills shall not intrude into salmon and steelhead habitats, except as
provided in regulation 3.
1:.
Landfills may intrude into salt water areas used by salmon and steehead for
migration corridors. rearing, feeding and refuge only where the proponent
obtains a conditional use permit (CUP) and demonstrates all of the following
conditions are met:
a. The landfill is for water-dependent or water-related use.
b. An alternative alignment or location is not feasible:
c. The project is designed to minimize its impacts on the environment:
d. The facility is in the public interest: and
e. If the project will create significant unavoidable adverse impacts, the impacts
are mitigated by creating in-kind replacement habitat near the project. Where
in-kind replacement mitigation is not feasible, rehabilitating degraded habitat
may be required as a substitute.
4.
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
of the bulkhead or structure shall be located landward of the ordinary high
water mark except as provided in regulation 6 below. Where an existing
bulkhead or structure cannot be removed because of environmental. safety, or
geological concerns, the least environmentally impacting alternative shall be
used. Anv replacement bulkhead or shoreline protection structure shall be as
close to the existing structure as possible.
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-18-
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Bulkheads. breakwaters. jetties. groins and other shoreline protection structures
may intrude into salmon and steelhead habitats only where the proponent
demonstrates all of the following conditions are met:
a. An alternative alignment or location is not feasible:
b. The project is designed to minimize its impacts on the environment:
c. The facility is in the public interest: and
d. If the project will create significant unavoidable adverse impacts. the impacts
are mitigated by creating in-kind replacement habitat near the project. Where
in-kind replacement mitigation is not feasible. rehabilitating degraded habitat
may be required as a substitute.
L
Docks. piers. pilings and floats may be located in water areas used by salmon
and steel head for migration corridors. rearing. feeding and refuge. provided the
facilities use open piling construction. Approach fills shall be located landward
of the ordinary high water mark. Docks. piers. pilings and floats shall not be
located in other salmon and steel head habitats. The project shall be designed to
minimize its impacts on the environment.
~
Open pile bridges are the preferred water crossing structures over salmon and
steelhead habitats. If a bridge is not feasible. one of the following water
crossing structures may be approved if the impacts are acceptable: temporary
culverts. bottomless arch culverts. elliptical culverts or round culverts. These
structures are listed in priority order. with the first having the highest
preference and the last the lowest preference. In order for a lower priority
structure to be permitted. the applicant must show the higher priority structures
are not feasible. The project shall be designed to minimize its impacts on the
environment.
~
Bridges and in-water utility corridors may be located in salmon and steelhead
habitat provided the proponent shows that all of the following conditions are
met:
a. An alternative alignment is not feasible:
b. The project is located and designed to minimize its impacts on the
environment:
c. Any alternative impacts are mitigated: and
d. Any landfill is located landward of the ordinary high water mark. Open
piling and piers required to construct the bridge may be placed waterward of
ill
11.
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14.
li:.
lQ"
the ordinary high water mark. if no alternative method is feasible.
Notwithstanding regulation 4, when installing in-water utilities, the installer
may place native material on the bed and banks of the water body or wetland
to reestablish the preconstruction elevation and contour of the bed. The project
shall be designed to minimize its impacts on the environment.
Dredging which will damage shallow water habitat used by salmon and
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 project will create significant unavoidable adverse impacts, the impacts
are mitigated by creating in-kind replacement habitat near the Droject. Where
in-kind replacement mitigation is not feasible, rehabilitating degraded habitat
may be required as a substitute.
Dredging and the removal of bed materials below the water line is prohibited
within salmon and steel head spawnin~ areas.
In-water dredge spoil disposal sites shall not be located in salmon and steelhead
habitats.
Landfilling, dredging. channelization sand other activities which negatively
impact habitat values are prohibited in wetlands, ponds, and side channels
which provide refuge or other habitat for salmon or steelhead.
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,
except for areas that are only used for migration corridors. This regulation
only applies to in-water aquaculture uses, not upland aquaculture uses.
The removal of aquatic and riparian vegetation within or adjacent to salmon
and steelhead habitats shall be minimized. Trees which shade side channels,
streams, rivers. ponds and wetlands used by salmon and steelhead shall be
maintained. Areas of disturbed earth shall be revegetated.
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.!L.
~
Unless removal is needed to prevent hazards to life and property or to enhance
fish habitat. large woody debris below the ordinary high water mark shall be
left in the waterway to provide salmon and steelhead habitat.
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 by
limiting intensity. providing permanent open space. and maintaining adequate building
setbacks from the water to prevent shoreline resources from being destroyed for other rural
types of uses.
Sec. 18-166.02. Desi~nation criteria.
Designation criteria for the rural environment shall be:
L
2.
1.
Shorelines of the city used or designated for residential development at a
density of three units per acre or less.
Shorelines of the city developed for residential purposes where surrounding
land use is residential in character without all urban services.
Shorelines of the city to be designated rural shall not have limitations to
development due to sensitive areas such as floodplains. steep slopes. slide
hazard areas. and/or marshes. swamps. or bogs.
Sec. 18-166.03. General requirements.
The general requirements for development within a rural environment shall be the
same as those for the urban environment. section 18.165.03.
Sec. 18-166.04. Residential development.
Single family residential development may be permitted in the rural environment
subject to the general requirements of the residential provisions of section 18.165.04 of the
urban environment.
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Sec. 18-166.05. Residential piers. moorage. or launching facilities.
Piers. moorages. floats. or launching facilities may be permitted accessory to a single
family residence in accordance with sections 18.165.05 and 18.165.06 of the urban
environment.
Sec. 18-166.06. Subdivisions.
The lot standards enumerated in this section apply to any lot that has buildable area
within the shorelines of the city. Buildable area means that area of the lot. exclusive of any
required open space. yards. or setbacks upon which a structure may be constructed.
L
The minimum required area of a lot in the rural environment shall be five
acres: provided. however:
~
The minimum lot area may be reduced to 15.000 square feet when:
L All lots are part of an approved subdivision or short subdivision.
2. All lots are served by public water.
.l. All lots are served by an approved sewage disposal system.
4. All lots are served by paved streets.
.i. All lots have a minimum width of 100 feet.
2.
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 any waterfront parcel shall not be
used to compute lot area. lot dimensions. yards. open space. or other similar
required conditions of land subdivision or development.
Sec. 18-166.07. Utilities.
Utility facilities may be permitted in the rural environment subject to the utilities
requirements of the urban environment and the general requirements of section 18.165.03.
Sec. 18-166.08. Shoreline protection.
Shoreline protection may be permitted in the rural environment subject to the shoreline
protection provisions of section 18.165.09 of the urban environment.
Sec. 18-166.09. Recreation.
Recreational development may be permitted in the rural environment subject to the
general requirements of this chapter and the recreation provisions section 18.165.10 of the
urban environment.
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See 18-166.10. Salmon and Steelhead Habitat
Salmon and steelhead habitat shall be protected under section 18.165.10 (I-18).
Sec. 18-167. Conservancy environment.
Sec. 18-167.01. Purpose.
Conservancy areas are intended to maintain their existing character. This designation is
designed to protect conserve. and manage existing natural features and resources. The
preferred uses are those nonconsumptive of the physical and biological resources of the area.
Sec. 18-167.02. Designation criteria.
Designation criteria for the conservancy environment shall be:
L
Shoreline areas. regardless of the underlying zoning. which have
environmentally sensitive areas as defined in 18.28.
2.
Shoreline areas that have poor drainage.
L
Shoreline areas which are free from extensive development.
4.
Shoreline areas of high scenic value.
Sec. 18-167.03. General requirements.
The general requirements for development within a conservancy environment shall be
the same as those for the urban environment section 18.165.03.
Sec. 18-167.04. Residential development.
Single family residential development may be permitted in the conservancy
environment subject to the general requirements of Chapter 22. Article XL and the residential
provisions of section 18.165.04 of the urban environment: provided single family residential
development shall maintain a minimum setback of 50 feet from the ordinary high water mark.
except that:
L
If the development is proposed on shorelines including one or more sensitive
areas. as defined in Chapter 22. Article XIV. such development shall be done
in accordance with that article.
2.
Any pier. moorage. float or launching facility permitted accessory to single
family development or a common use facility accessory to a subdivision or
short subdivision. shall be subject to the pier. moorage. float and launching
-22-
facility provisions of section 18-165.06 of the urban environment: provided no
such authorized structure shall be located within 200 feet of any other structure.
Sec. 18-167.05. Subdivisions.
The lot standards enumerated in this section apply to any lot that has buildable area
within the shorelines of the city. Buildable area means that area of the lot exclusive of any
required open space. yards. or setbacks upon which a structure may be constructed.
L
The minimum required area of a lot in the conservancy environment shall be
five acres. provided. however:
a.
The minimum lot area may be reduced to 35000 square feet when:
L All lots are part of an approved subdivision or short subdivision.
2. All lots are served by public water.
1:. All lots are served by an approved sewage disposal system.
4. All lots are served by paved streets.
2 All lots have a minimum width of 100 feet.
~
Any lot located wholly or partially within the shorelines of the city shall be
subject to the substandard lot provisions of Chapter 22. Article Iv.
1:.
Submerged land within the boundaries of any waterfront parcel shall not be
used to compute lot area. lot dimensions. yards. open space. or other similar
required conditions of land subdivision or development.
Sec. 18-167.06. Utilities.
Utility facilities may be permitted in the conservancy environment subject to the
utilities requirements of the urban environment and the general requirements of this chapter.
Sec. 18-167.07. Shoreline protection.
Shoreline protection may be permitted in the conservancy environment subject to the
shoreline protection provisions section 18.165.09 of the urban environment.
Sec. 18-167.08. Recreation.
Recreational development may be permitted in the conservancy environment subject to
the general requirements of this chapter and the recreation provisions section 18.165.10 of the
urban environment.
Sec. 18-167.09. Salmon and Steehead Habitat
Salmon and steelhead habitat shall be protected under section 18.165.10 0-18).
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Sec. 18-168. Natural environment.
Sec. 18-168.01. Purpose.
The purpose of designating the natural environment is to preserve and restore those
natural resource systems existing relatively free of human influence. These systems require
severe restrictions of intensities and types of uses permitted so as to maintain the integrity of
the natural environment.
Sec. 18-168.02. Designation criteria.
Designation criteria for the natural environment shall be:-
L
A shoreline area that provides food. water. or cover and protection for any rare.
endangered. or diminishing species.
2.
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.
4.
Shoreline areas which best represent undisturbed natural areas.
~
Shoreline areas with established histories of scientific research.
~
Those shoreline areas having an outstanding or unique scenic feature in their
natural state.
7.
In addition to the above criteria. the following should be considered when
designating natural environments:
a.
1L.
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Areas where human influence and development are minimal.
Areas capable of easily being restored to a natural conditions.
Saltwater marshes. bogs. and swamps.
Class I beaches.
Sec. 18-168.03. Residential development.
Single family residential development may be permitted in the natural environment
subject to the general requirements of Chapter 22. Article XL and the single family
provisions. section 18.165.04 of the urban environment: provided. single family residential
development shall maintain a minimum setback of 100 feet from the ordinary high water
mark. except that:
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If development is proposed on shorelines including one or more sensitive areas,
as defined in Chapter 22, Article XIV, such development shall be done in
accordance with regulations and procedures set forth in that article.
Sec. 18-168.04. Residential piers. moorage. or launching facilities.
Piers, moorages, floats. or launching shall not be permitted in a natural environment.
Sec. 18-168.05. Subdivisions.
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The minimum required area in the natural environment shall be five acres.
b
The minimum required lot width in the natural environment shall be 330 feet.
1.
Any lot located wholly or partially within the shorelines of the city shall be
considered a legal building site, provided that such lot shall be subject to the
substandard lot provisions of Chapter 22, Article IV
4.
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 subject to the
general requirements of this chapter. provided:
L
The recreational development will not require any significant filling,
excavation, or regrading involving more than 15 percent of that portion of the
site within the shorelines of the city.
b
The construction of indoor swimming pools, gyms, and other indoor
recreational facilities is prohibited.
1.
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
-25-
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. I8-IM 169. Application and public notice.
An application for a substantial development permit shall be made to the department of
community development on forms prescribed by the department. Upon submittal of a
complete application, and required fees, the department shall instruct the applicant to publish
notices of the application at least once a week on the same day of the week for two
consecutive weeks in a newspaper of general circulation within the city. The applicant shall
also provide additional public notice as prescribed in process IV, section 22-431 et seq.
(Ord. No. 90-38, § 1(24.40),2-27-90; Ord. No. 97-291, § 3, 4-1-97)
Cross reference(s)--Process IV review requirements, § 22-431 et seq.
Sec. 18-l6S 170. Procedure for review.
The substantial development permit shall be reviewed under the provisions of process
III, section 22-386 et seq. and the director of community development services shall be the
final approval authority for the permit.
(Ord. No. 90-38, § 1(24.50),2-27-90; Ord. No. 97-291, § 3,4-1-97)
Cross reference(s)--Process III review requirements, § 22-386 et seq.
Sec. 18--166 171. Shoreline variance.
(a) The purpose of a shoreline variance is to grant relief to specific bulk, dimensional
or performance standards set forth in the shoreline master program, and where there is an
extraordinary or unique circumstance relating to the property such that the strict
implementation of the shoreline master program would impose unnecessary hardship on the
applicant or thwart the policies of the Shoreline Management Act.
(b) When a variance is requested, the substantial development permit and the variance
shall be reviewed under the provisions of process IV, section 22-431 et seq., and the hearing
examiner shall be the final approval authority.
(c) A variance from the standards of the master program may be granted only when
the applicant can demonstrate that all the following conditions will apply:
(1)
That the strict requirements of the bulk, dimensional or performance standards
set forth in the master program precludes or significantly interferes with a
reasonable use of the property not otherwise prohibited by the master program;
-26-
(2)
(3)
(4)
(5)
(6)
(7)
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(24.60.10--24.60.40),2-27-90; Ord. No. 97-291, § 3, 4-1-97)
Cross reference(s)--Process IV review requirements, § 22-431 et seq.
Sec. 18--M+ 172. Conditional uses.
(a) Conditional use permits are allowed to provide greater flexibility in varying the
application of the use regulations of the shoreline master program in a manner which will be
consistent with the policies of RCW ch. 90.28, particularly where denial of the application
would thwart the policies of the Shoreline Management Act.
(b) When a conditional use is requested, the substantial development permit and the
conditional use shall be reviewed under the provisions of process ¥ 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.
-27-
(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(24.70.10--24.70.50),2-27-90)
Cross reference(s)--Process III review requirements, § 22-476 et seq.
Sec. 18--U8 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:
(1)
(2)
(3)
(4)
(5)
The applicant;
The state department of ecology;
The state attorney general;
Any person who has submitted written comments on the application;
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
-28-
ecology that the review period has been completed.
(Ord. No. 90-38, § 1(24.80.10, 24.80.20), 2-27-90)
Sec. 18-!@) 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-t-1{) 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:
(I)
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.
COrd. No. 90-38, § 1(24.100), 2-27-90)
Sec. 18-170.176. Shoreline environment redesignation.
A. Shoreline environments designated by the master program may be redesignated by
the City Council upon finding that such redesignation will be consistent with:
1. The policies of Section 2 of the Shoreline Management Act of 1971.
2. The goals. objectives and policies of the master program:
3. The designation criteria of the shoreline environment designation requested.
SHORCODEWPD
-29-
Federal Way Comprehensive Plan - land Use
ATTACHMENT B I
I
The Corporate Park t€P-B land use designation
applies only to the Weyerhaeuser Corporate Campus.
The Corporate Park designation is surrounded by
Office Park designations öfwith OP-l, 2, & 3 zoning.
The eorrespoftcliftg 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. The 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 ffifteS designations are unique to Weyer-
haeuser's property and are outlined in a preannexation
concomitant Zoftiftg development agreement entered
into by the City and Weyerhaeuser Corporation.
2.8.5 SHORELINE MASTER
PROGRAM
Purpose
The Shoreline Management Act (SMA) identifies
seven land and water use elements that. if appropriate
to the community. 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 any 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 Way makes up the largest share of the
developed shorelines in the city. Much of the undevel-
oped shoreline is in private ownership. subdivided
into small lots and presently zoned to allow for
residential use. Because of present and future needs of
residential shoreline use. goals and policies have been
formulated as Dart 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 intrinsically desirable for
all shoreline uses. needs. and develoornents. and
establish a program policy commensurate with the
intent and objectives of the Shoreline Management
Act. The policies contained herein should be enforced
through the applicable chapters ofthe Federal Way
City Code.
Shoreline Use Element
An element which deals with the distribution.
location. and extent of: 1) the use of shorelines and
adjacent areas for housing. transportation. office.
public buildings and utilities. education. and natural
resources; 2) the use of the water for aquaculture and
recreation; and 3) the use ofthe water. shoreline. and
uplands for other categories of land and water uses
and activities not specified in this master program.
Goal
LUG9
Preserve or develop shorelines. ad;acent
uplands. and ad;acent water areas in a
manner that assures a balance of shoreline
uses with minimal adverse effect on the
quality of life. water. and environment.
Policies
LUP50
Shoreline land and water areas particularly
suited for specific and appropriate uses
should be designated and reserved for such
uses.
LUP51
Shoreline land and water uses should satisfy.
the economic. social. and physical needs of
the regional population. but should not
exceed the physical carrying capacity of the
shoreline areas.
Revised July 1998
11-19
Federal Way Comprehensive Plan - land Use
LUP52
LUP53
LUP54
LUP55
LUP56
LUP57
Where appropriate. land and water uses
should be located to restore or enhance the
land and water environments.
Like or compatible shoreline uses should be
clustered or distributed in a rational manner
rather than be allowed to develop
haphazard Iv. .
Multiple uses of shoreline should be
encouraged where location and integration
of compatible uses or activities are feasible.
UniQue and fragile areas of the shoreline
should be protected from uses or activities
that will have an adverse effect on the land
or water environment.
Non-residential uses or activities which are
not shoreline dependent should be
encouraged to locate or relocate awav from
the shoreline.
Federal Way shall consider the goals.
objectives. and policies within the shoreline
master program in all land use management
actions regarding the use or development of
adjacent uplands or the water areas. adjacent
uplands and associated wetlands or streams
within its jurisdiction where such use or
development will have an adverse effect on
designated shorelines.
Public Access Element
An element making provision for public access to
publicly-owned shorelines and assessing the need for
providing public access to shoreline areas.
Goal
LUGIO
Increase public access to shoreline areas
Dfovided that Drivate rights. DubUc safety,
and the natural shoreline character are not
adverselv affected
. .".""",...",.."..
Policies
LUP58
LUP59
LUP60
.....
Development of public access should
respect and protect the enjoyment of private
rights on shoreline propertv.
a.
Shoreline access areas should be planned to
include ancillary facilities such as parking
and sanitation when appropriate.
b.
Shoreline access and ancillary facilities
should be designed and developed to
provide adeQuate protection for adjacent
private properties.
Public access should be maintained and
regulated.
a.
Public access should be policed and
improved consistent with intensity of use.
b.
The provision to restrict access as to nature.
time. number of people. and area may be
appropriate for public pedestrian easements
and other public access areas where there
are spawning grounds. fragile aquatic life
habitats. or potential hazard for pedestrian
safety.
c.
Facilities in public shoreline access areas
should be properly maintained and operated.
Design of access should provide for the
public health. safety. and enjoyment.
a.
Appropriate signs should be used to
designate publicly owned shorelines.
b.
Within the shoreline environment. pedes-
trian and non-motorized access should be
encouraged.
c.
Public access to and along the water's edge
should be available in publicly-owned
. . shorelines that are tolerant of human
activity.
Revised July 1998
11-20
Federal Way Comprehensive Plan - land Use
LUP61
LUP62
LUP63
Priority for access acquisition should
consider resource desirability. availability.
and proximity of population.
a.
A shoreline element in the parks acquisition
and development program should be
encouraged so that future shoreline access is
acquired and developed bv established
criteria and standards as part of an overall
master plan.
LUP64
General policies.
a.
Where appropriate. utility and transpor-
tation rights-of-way on the shoreline should'
be made available for public access and use.
b.
Publicly-owned street ends which abut the
shoreline should be retained and/or
reclaimed for public access.
Public access should be provided in new
shoreline developments.
a.
There should be incentives to encourage
private property owners to provide shoreline
access.
c.
Shoreline recreational facilities and other
public access points should be connected by
trails. bicycle pathways. and other access
links where appropriate.
d.
Public pedestrian easements and access
points should be of a nature and scale that
would be compatible with the abutting and
adjacent land use as well as natural features.
including aquatic life.
b.
Public pedestrian easements should be
provided in future land use authorizations.
and in the case of Federal Way projects
along lakes. streams. ponds. and marine
lands. whenever shoreline features are
appropriate for public use. Shorelines of the
city that include. but are not limited to. any
of the following conditions should be
considered for pedestrian easements:
e.
Access development should respect and
protect 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
protection. beaches. and other valuable natural or
aesthetic features.
Assure preservation of uniQue and non-
renewable natural resources and assure
conservation of renewable natural
resources for the benefit of existing and
future í!enerations and the public interest.
Shorelines which are of unique or valuable
natural character should be acquired for
.L Areas of significant. historical. geo-
logical. and/or biological circumstances.
2. Areas presently being legally used. or
historically having been legally used. by
the public along the shoreline for
access.
~ Where public funds have been expended
on or related to the waterbody.
Shorelines of the city should be available to
all people for passive use and enjoyment.
a.
Viewpoints. lookouts. and vistas of shore-
lines of the city should be publicly
accessible.
b.
New developments should minimize visual
and physical obstruction of the water from
shoreline roads and upland owners.
Revised July 1998
Goal
LUG 11
Policies
LUP65
11-21
Federal Way Comprehensive Plan - land Use
LUP66
LUP67
LUP68
public benefit. commensurate with
preservation of the ecosystem.
a.
Unique and fragile areas in shoreline areas
should be designated and retained as open
space. Access and use should be restricted
or prohibited when necessary for their
preservation.
c.
Shoreline structures should be sited and
designed to minimize view obstruction and
should be visually compatible with the
shoreline character.
d.
Wildlife and aquatic habitats. including
spawning grounds. should be protected.
improved. and. if appropriate. increased
b.
When appropriate. Federal Way should
acquire those shoreline areas which are
unique or valuable. Subsequent use of such
areas should be governed by their ecological
carrying; capacity.
LUP69 Resources should be managed to enhance
the environment with minimal adverse
effect.
a.
Aquaculture in shoreline areas should be
conducted with all reasonable precautions to
insure the preservation of the natural
character and quality of the shoreline.
b.
Shoreline activity and development should
be planned. constructed. and operated to
minimize adverse effects on the natural
processes of the shoreline. and should
maintain or enhance the quality of air. soiL
and water on the shoreline.
All renewable natural resources should be
managed so that use or consumption does
not exceed replenishment.
a.
Through policies and actions. Federal Way
should encourage the management and
conservation of fish. shellfish. wildlife. and
other renewable resources.
c.
Any structure or activity in or near the water
should be constructed in such a wav that it
will minimize adverse physical or chemical
effects on water quality. vegetation. fish.
shellfish. or wildlife.
d.
Use or activity which substantiallY degrades
the natural resources of the shoreline should
not be allowed.
Resource conservation should be an integral
part of shoreline planning.
a.
When feasible. Federal Way should initiate
programs to reverse any substantial adverse
impacts caused by existing shoreline
development.
Recreation Element
An element for the preservation and expansion of all
types of recreational opportunities through programs.
of acquisition. development. and various means of
less-than-fee acquisition.
Goal
LUG12 Provide additional shoreline dependent and
water oriented recreation opportunities that
are diverse. convenient. and adequate for
b.
All future shoreline development should be
planned. 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 preserved as valuable
resources.
a.
When appropriate. natural flora and fauna
should be preserved or restored.
b.
In shoreline areas. the natural topography
should not be substantially altered.
Revised July 1998
11-22
Federal Way Comprehensive Plan - land Use
Policies
LUP70
LUP71
the regionalvovulation consistent with the
carryinf!: cavacžtv of the land and water
resources.
Areas containing special shoreline
recreation qualities not easilv duplicated
should be available for public use and
enjovment.
a.
Opportunities should be provided for the
public to understand natural shoreline
processes and experience natural resource
features.
L UP72
LUP73
"",."""""""".,"""""
and access from the water; utilizing stream
floodplains. street ends. steep slopes. and
shoreline areas adjacent to waterfront roads.
d.
At suitable locations. shorelines should be
made available and designated as high
intensive use areas that provide for a wide
variety of activities.
b.
Public viewing and interpretation should be
encouraged at or near governmental shore-
line activities when consistent with security
and public safety.
e.
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.
Shoreline recreational use and development
should enhance environmental quality with
minimal adverse effect on the natural
resources.
a.
Stretches of relatively inaccessible and
unspoiled shoreline should be available and
designated as low intensity recreational use
areas with minimal development. Service
facilities such as footpaths. peripherv
parking. and adequate sanitary facilities
should onlv be allowed where appropriate.
f
Recreation areas on the shoreline should
have adequate surveillance and
maintenance.
b.
Beaches and other predominantlv
undeveloped shorelines already popular
should be available and designated as
medium intensity recreational use areas to
be free from expansive development
intensity of use should respect and protect
the natural qualities of the area.
g.
The public should be provided with
additional off-site and on-site g:uidance and
control to protect shoreline resources.
c.
Small or linear portions of the shoreline
suitable for recreational purposes should be
available and designated as transitional use
areas that allow for variable intensities of
use. which mav include vista points.
pedestrian walkwavs. water entry points.
h.
Where a wide berm is needed for dry beach
recreation. and physical conditions permit
sand retention. consideration should be
given to creating a Class I beach when such
develovment does not destroy valuable biota
or unique physical conditions.
1.
Access to recreational shoreline areas
afforded by water and land circulation
systems should be determined by the
concept of optimum carrying capacity and
recreational quality.
.L.
Non-water oriented recreational facility
development should be kept inland away
from the water's edge. except where
appropriate in high intensive shoreline use
areas.
The provision of adequate public shoreline
recreation lands should be based on an
acquisition plan with a clear public intent.
A balanced variety of recreational oppor-
tunities should be provided for people of
Revised July 1998
11-23
Federal Way Comprehensive Plan - land Use
different ages. health. family status. and
financial ability.
a.
Appropriate specialized recreation facilities
should be provided for the handicapped or
others who might need them.
b.
Shoreline recreation areas should provide
opportunities for different use intensities
ranging from low (solitude) to high (many
~eople ).
c.
Opportunities for shoreline recreational
experiences should include developing
access that accommodates a range of
differences in people's physical mobility.
capabilities. and skill levels.
d.
Shoreline recreational experiences should
include a wide range of different areas from
remote-outdoor undeveloped areas to highly
deyeloped indoor-outdoor areas.
e.
Recreational development should meet the
demands of population growth consistent
with the carrying capacity of the land and
water resources.
Circulation Element
An element dealing with the location and extent of
existing and ~roposed major thoroughfares.
transportation routes. and other public facilities: and
coordinating those facilities with the shoreline use
elements.
Goal
LUG 13
Circulation 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
a~verse effect of those svstems on the
Qualitv of water. life. or environment.
Policies
LUP74
LUP75
......:'.:.'.C....: .:."".
New surface transportation deyelopment
should be designed to proyide the best
possible service with the least possible
infringement upon the shoreline
environment.
a.
New transportation facilities and improve-
ments to existing facilities that substantiallv
increase levels of air. noise. odor. visual. or
water pollution should be discouraged.
b.
Transportation corridors should be designed
to harmonize with the topography and other
natural characteristics of the shoreline
through which they traverse.
c.
Surface transportation facilities in shoreline
areas should be set back from the ordinary
high water mark far enough to make
unnecessary such protective measures as
rip-rap or other bank stabilization. landfill.
bulkheads. groins. jetties. or substantial site
regrade.
Circulation systems should be located and
attractively designed so as not to
unnecessarily or unreasonably pollute the
physical environment or reduce the benefits
people derive from their ~ropertv: and they
should encourage alternative routes and
modes of travel.
a.
Motorized vehicular traffic on beaches and
other natural shoreline areas should be
prohibited.
b.
Transportation facilities providing access to
shoreline developments should be planned
and designed in scale and character with the.
use proposed.
c.
Circulation routes should provide for non-
motorized means of travel.
Revised July 1 998
11-24
Federal Way Comprehensive Plan - land Use
LUP76
Circulation systems disruptive to public
shoreline access and other shoreline uses
should be relocated where feasible.
a.
Transportation elements disruptive to the
shoreline character which cannot feasibly be
relocated should be conditioned or land-
scaped to minimize visual and noise
pollution.
LUP77
Shoreline circulation systems should be
adaptable to changes in technology.
a.
Federal Way should promote and encourage
modes of transportation which consume the
least amount of energy while providing the
best efficiency with the least possible
pollution.
LUP78
General policies.
a. ' New transportation developments in shore-
line areas should provide turnout areas for
scenic stops and off road rest areas where
the topographv. view. and natural features
warrant.
b.
Shoreline roadway corridors with unique or
historic significant. or of great aesthetic
quality. should be retained and maintained
for those characteristics.
c.
New transportation facilities crossing lakes.
streams. or wetlands should be encouraged
to locate in existing corridors. except where
any adverse impact can be minimized by
selecting an alternate corridor.
Residential Element
An element dealing with housing densities. residential
subdivisions. shoreline access. necessary support
services. and locations of single-family dwellings
(including manufactured homes) and multi-family
dwellings without distinction between part-time or
full-time occupancy.
Goal
LUG14
Policies
LUP79
LUP80
"'..'" ",",,';O';""',"',:..C.C,C,èièiWJ
Shoreline residential areas shall oermit a
varietv of housiní! tvoes and desif!fls with
densities and locations consistent with the
ability dfphvsical and natural features to
accommodate them.
Residential developments should be
excluded from shoreline areas known to
contain development hazards or which
would adversely impact sensitive areas as
identified in this Chapter 18. Division 6 of
the Federal Way City Code.
a.
Residential development should be pro-
hibited in floodplains within the 100 year
floodplain.
b.
Residential development should be pro-
hibited in areas of severe or very severe
landslide hazard.
c.
Residential development should be
regulated in shoreline areas with slopes of
40 percent or greater.
d.
Shoreline areas containing other potential
hazards (e. g.. geological conditions.
unstable subsurface conditions. erosion
hazards. or groundwater or seepage
problems) should be limited or restricted for
development.
e.
The burden of proof that development of
these areas is feasible. safe. and ecologically
sound is the responsibility ofthe developer. .
Residential developments should have
minimal impact on the land and water
environment of the shoreline and minimize
visual and physical obstruction.
Revised July 1998
11-25
Federal Way Comprehensive Plan - Land Use
LUP81
LUP82
a.
Residential development should be
regulated in identified unique and fragile
areas as required under the city's sensitive
areas regulations.
""".""",....,...M-'
b.
Residential development on piers or over
water should not be permitted.
c.
Residential development along shorelines
should be set back from the ordinary high
water mark far enough to make unnecessary
such protective measures as filling. bulk
heading. construction groins or jetties. or
substantial regrading of the site.
c.
Landfill for residential development which
reduces water surface or flood"lain capacity
should not be permitted.
d.
Residential developments should be
designed to enhance the appearance of the
shoreline and not substantially interfere
with the public's view and access to the
water.
d.
In residential developments. the water's
edge should be kept free of buildings and
fences.
Shoreline Environments
Purpose
In order to more effectivelv implement the goals.
objectives. and policies of this master program and the
Shoreline Management Act. the shorelines of the state
within Federal Way have been categorized into four
separate environment designations. The purpose of
these designations is to differentiate between areas
whose geographical features and existing development
pattern imply differing objectives regarding their use
and future development.
Each environment represents a particular émvhasis in
the type of uses and the extent of development which
should occur within it. The svstem is designed to
encourage uses in each environment which enhance
the character of the environment while at the same
time requiring reasonable standards and restrictions on
development so that the character ofthe environment
is not destroved.
The determination as to which designation should be .
given to anv specific shoreline area has been based on.
and is reflective of. the existing development pattern:
the biophysical capabilities and limitations of the
land: and the goals and aspirations of the local
citizenry.
e.
Every reasonable effort should be made to
insure the retention of natural shoreline
vegetation and other natural features of the
landscape during site development and
construction.
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
requirements. and effects such densities
have on the environment.
a.
Subdivisions and new development should
be designed to adequatelv protect the water
and shoreline aesthetic characteristics.
b.
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 adjoining
water bodies would not be adversely
affected bv pollution or siltation.
Revised July 1 998
11-26
Federal Way Comprehensive Plan - land Use
Each environment category includes: (1 ) a definition
describing the development. use. 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
environment.
Urban Environment
The urban environment is an area of high-intensity
land use including residential. office. and recreational
development. The environment is particularly suitable
to those areas ~resently subjected to intensive land use
pressure. as well as areas planned to accommodate
urban expansion.
The purpose of designating the urban environment is
to ensure optimum utilization of shorelines within
urbanized areas by permitting intensive use and by
managing development so that it enhances and
maintains the shoreline for a multiplicity of urban
uses. The environment is designed to reflect a policv
of increasing utilization and efficiency of urban areas.
promote a more intensive level of use through
redevelopment of areas now underutilized. and
encourage multiple use of the shoreline if the major
use is shoreline dependent.
Policies
LUP83
Emphasis should be given to development
within already developed areas.
LUP84
Emphasis should be given to developing
visual and physical access to the shoreline
in the urban environment.
LUP85
To enhance the waterfront and insure
maximum public use. commercial facilities
should be designed to permit pedestrian
waterfront activities consistent with public
safety and security.
LUP86
Multiple use of the shoreline should be
encouraged.
""""""". -'.'." ,.,'.'..'"",."",~,,û,"'~",,-,~
LUP87
Redevelopment and renewal of substandard
areas should be encouraged in order to
accommodate future users and make
maximum use ofthe shoreline resource.
LUP88
Aesthetic considerations should be activelv
promoted by means of sign control
regulations. architectural design standards.
landscaping requirements. and other such
means.
LUP89
Development should not significantly
degrade the quality of the environment.
including water quality and air Quality. nor
create conditions which would accentuate
erosion. drainage problems. or other adverse
impacts on adjacent environments.
Rural Environment
The rural environment is intended for shoreline areas
characterized by agricultural uses. low density resi-
dential (where most urban services are not available).
and areas which provide buffer zones and open space
between predominantly 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 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'
maintaining adequate building setbacks from the
water to prevent shoreline resources from being
destroyed for other rural types of uses.
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Federal Way Comprehensive Plan - land Use
Policies
LUP90
Recreational access to the shorelines should
be encouraged. Recreational facilities
should be located and designed to minimize
conflicts with other activities.
LUP91
New development should reflect the
character of the surrounding area by
limiting residential density. providing
permanent open space. and maintaining
adequate building setbacks from the water.
Conservancy Environment
The conservancy environment consists of a shoreline
areas which are prirnarilv free from intensive
development. It is the most suitable .designation for
shoreline areas of high scenic or historical values. for
areas unsuitable for development due to biophysical
limitations. and for commercial forest lands.
Conservancy areas are intended to maintain their
existing 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 phvsical and biological resources of the area.
Policies
LUP92
New development should be restricted to
those which are compatible with the natural
and biophysical limitations of the land and
water.
LUP93
Diverse recreational activities which are
compatible with the conservancy environ-
ment should be encouraged.
LUP94
Development which would be of a hazard to
public health and safety. or would
materially interfere with the natural
processes should not be allowed.
LUP95
The flood hazard overzone regulations shall
applv to development within flood plains.
."..."....."~,.~""~""""..c,,",.,,...."-._----"
LUP96
Structural flood control devices should be
strongly discouraged in the conservancy
environment.
LUP97
In areas with poorlv draining soils.
development should not be allowed unless
connected to a sewer line.
LUP98
Development should be regulated so as to
minimize the following: erosion or sedi-
mentation. the adverse impact on aquatic
habitats. and substantial del!fadation of the
existing character of the conservancy
environment.
Natural Environment
The natural environment consists of areas charac-
terized bv 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 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.
Policies
LUP99
Natural areas should remain free from all
development which would adversely affect
their natural character.
LUPIOO
The intensity and type of uses permitted
should be restricted in order to maintain the
natural systems and resources in their
natural condition.
LUPIOI Limited access should be allowed to those
areas in the natural environment.
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Federal Way Comprehensive Plan - land Use
LUPIO2
Uses which are consumptive of the phvsical
and biological resources. or which may
degrade the actual or potential value of the
natural environment. should be prohibited.
LUPIO3
Uses and activities in locations adjacent to
natural areas should be strictly regulated to
insure that the integrity of the natural
environment is not compromised.
Shoreline Use Activities
Purpose
Shoreline use activities are specific uses. or groups of
similar uses. that have been outlined bv the
Department of Ecology Final Guidelines as being
characteristic of the shorelines of the state. They have
been formulated as implementing tools to further
carry out the intent and policy ofthis master program
and the Shoreline Management Act. Thev also
represent a major criterion to be used in evaluating
proposed development and alterations to the shoreline
environment: with their ultimate influence. to a large
extent. dependent upon how well they are enforced.
The policies that make UP each use activity have been
founded on the premise that all reasonable and
appropriate uses require regulatory control. Other
provisions such as a view enhancement. public access.
erosion control. water quality. long term benefits. and
aesthetic considerations have also been reflected in
policy statements.
Shoreline uses and activities not specifically
identified. and for which policies have not been
developed. will be evaluated on a case bv case basis
and will be required to meet the intent of the goals and
objectives of this master program. the policy of the
Shoreline Management Act. and shall be consistent
with the management policv and character of the
shoreline environment in which they propose to
locate.
.. '"
.. . c,.,.'
Aquatic Resource Practices
Of all facets of economic shoreline activity.
production from fisheries is the most vulnerable to
massive destruction from an error in environmental
control. Close monitoring of water quality and an
aggressive policy of pollution abatement and control
are mandatorv for full realization and sustenance of
this economic base.
Aauaculture addresses state hatcheries. commercial
hatcheries and beds. and natural hatcheries and beds
within Federal Way shorelines. Underwater aQuaria
are considered as aquaculture although the use is
principallv recreational.
Aquaculturè has two modes:
.L The harvest of uncontained plant and animal
populations that exist on the nutrients and foods
available in the environment. restock themselves
according to the fecundity of the population. and
survive as the food and nature allow.
2. Artificial stocking or raising of stock in feedlots
or pens using selective breeding and controlled
feeding programs for increasing production and
rearing a uniform product.
Pen culture requires confinement and the presence of
fixed structures that compete for space. Pens. rafts.
and hatcheries require certain environmental
conditions to assure the survival of their contained
populations. Some of these conditions are small wave
forces. good flow. good water quality. temperature
limits. good anchoring ground and accessibility. and.
possibly. good natural food and nutrient supply.
The confinement of fish or shellfish in concentration
imposes an extreme biological load in a small area.
Dense populations degrade and water quality and
deposit heavv fecal sediments below the pens or on
the floor of embayments. The principal impacts of
aquacultural activity within the shoreline are:
.L Pollutants in the water body such as fish. organic
wastes. and additives for feeding and disease
control.
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Federal Way Comprehensive Plan - land Use
2. Navigation hazards such as holding pens. rafts.
nets. and stakes.
1. Watercourse alteration to supply water.
4. Netting and flooring of river beds for spawning
channels.
5. Shoreline access limitations where shellfish are
being protected and contained.
Policies
LUPIO4
Federal Way's support should be given to
the State Departments of Fisheries and
Game to improve stream conditions. open
new spawning areas. and establish new fish
runs.
LUPIO5 Pens and structures for commercial
aquaculture should not be located on Class I
beaches. or swimming beaches.
LUPIO6 Aquacultural enterprises should be located
in areas which would not significantlv
restrict navigation.
LUPIO7 In aquaculture enterprises. development of
multiple aquaculture systems should be
encouraged.
LUPIO8 Aquacultural structures should use open pile
construction where significant littoral drift
occurs.
LUPI09
Prior to use of an area for aquacultural
enterprises. consideration should be given to
the capability of the water body to absorb
potential wastes.
LUPllO Shoreline areas having extremely high
natural potential for aquaculture should be
preserved for that purpose.
Commercial Development
Commercial development pertains generally to the use
or construction of facilities for transaction and sale of
goods and services as opposed to industrial
development (treatment together with ports) which
pertains to the design and fabrication of products.
The principal impact factors upon the shoreline from
commercial development are pollutants (e.g.. erosion.
sedimentary. chemical. and microbial) and aesthetic
destruction. Erosive pollutants from commercial
deyelopment are generated from surface runoff and
both surface and sub-surface subsidence. Chemical
pollution is derived from fuel spillage. Microbial
loading arises from poor containment of organic
wastes associate with human habitation and
recreational activities.
Policies
LUPlll Consideration should be made of the effect
a structure will have on scenic value.
LUP112
Commercial structures and ancillary
facilities that are not shoreline dependent or
water-oriented should be placed inland
away from the immediate water's edge.
LUP1l3
The use of porous materials should be
encouraged for paved areas to allow water
to penetrate and percolate into the soil. Use
of holding systems should be encouraged to
control the runoff rate from parking lots and
roof tops.
LUP1l4
Commercial enterprises locating within
shoreline areas should be constructed to
withstand normal rain and flooding con-
ditions without contributing pollution to the
watercourse or shoreline.
LUP115 Commercial development which is not
shoreline dependent should provide a buffer.
zone of vegetation for erosion control.
Utilities
Few. if any. utility systems could be installed
completely without coming under the jurisdiction of
this master program. The focus of the policies in this
section is on how these utility facilities within the
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Federal Way Comprehensive Plan - land Use
shoreline environment can be planned. designed.
constructed. maintained. and rehabilitated to be
consistent with the intent of the Shoreline
Management Act.
Tyoes of utility facilities in Federal Way vary from
regional transmission bv trunklines. pipelines. and
transmission lines to subregional distribution
facilities. These are essentiallv pipes and wires.
Regional facilities generally are high voltage or high
pressure systems with substantial potential impact in
case of failure. Their imoacts on the environment are
also generallv greater because of their scale and safety
requirements.
The tvoes of utilities covered are communications
(radio. TV. and telephone). energy distribution
(petroleum products. natural gas. and electricity).
water. sanitary sewers. and storm sewers.
Policies
LUP116
Utilities which lead to growth should not be
extended into or along shorelines without
prior aoproval of such extension by
aoorooriate land use authority.
LUP117 Utilities located in shoreline environments
inappropriate for development should not
make service available to those areas.
LUP118
In developed shorelines not served by
utilities. utility construction should be
encouraged to locate where it can be shown
that water quality will be maintained or
improved.
LUP119
Federal Way should be consulted prior to.
or at the time of. application for
construction of regional utility facilities to
be located in or along shorelines.
LUP120
Utility corridors crossing shorelines of the
state should be encouraged to consolidate
and concentrate or share rights-of-way
where:
a.
Public access (including view) would be
improved.
b.
Concentration or sharing would not hinder
the ability of the utility systems to be
installed. operated. or maintained safely.
c.
Water quality would be as good or better
than if separate corridors were present.
LUP121
Public access consistent with public safety
and security should be encouraged where
rights-of-way for regional utility facilities
cross shorelines ofthe city.
LUP122
New utility facilities should be located so as
neither to require extensive shoreline
protection nor to restrict water flow.
circulation. or navigation.
LUP123
Utility facilities and rights-of-way should be
selected to oreserve the naturallandscaoe
and minimize conflicts with present and
planned uses of the land on which thev are
located.
LUP124 New utility routes should be designed to
minimize detrimental visual impact from
the water and adjacent uolands.
LUP12S New free standing personal wireless service
facilities are discouraged from locating
within the shoreline environment.
Shoreline Protection
Shoreline protection is action taken to reduce adverse
imoacts caused by current. flood. wake. or wave
action. This action includes all structural and non-
=structural means to reduce these impacts due to
flooding. erosion. and accretion. Specific structural
and nonstructural means included in this use activity
are bulkheads. rip-rap. bank stabilization. and other
means of shoreline protection.
The means taken to reduce damage caused by erosion.
accretion. and flooding must recognize the positive
aspects of each. so that the benefits of these natural
Revised July 1 998
11-31
" '. J. ,.
Federal Way Comprehensive Plan - land Use
occurrences will be retained. even as the problems 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
LUP126
LUP127
Structural solutions to reduce shoreline
damage should be allowed only after it is
demonstrated that nonstructural solutions
would not be able to reduce the damage.
Planning of shoreline protection should
encompass sizable stretches of lake or
marine shorelines. This planning should
consider off-site erosion. accretion. or flood
damage that might occur as a result of
shoreline protection structures or activities.
LUP128 Shoreline protection on marine and lake
shorelines should not be used as the reason
for creating new or newly usable land.
LUP129 Shoreline protection structures should allow
passage of ground and surface waters into
the main water body.
LUP130 Shoreline protection should not reduce the
volume and storage capacity of rivers and
adjacent wetlands or flood plains.
LUP131
Whenever shoreline protection is needed.
bioengineered alternatives such as natural
berms and erosion control vegetation plans
should be favored over hard surfaced
structural alternatives such as concrete
bulkheads and sheet piles.
LUP132 The burden of proof for the need for shore-
line protection to protect existing: or pro-
posed developments rests on the applicant.
LUP133
Shoreline protection activities which may
necessitate new or increased shoreline
protection on the same or other affected
vroperties where there has been no previous
need for protection should be discouraged.
LUP134 New development should be encouraged to
locate so as not to require shoreline
protection.
LUP135
Areas of significance in the spawning.
nesting. rearing. or residency of aquatic and
terrestrial biota should be given s~ecial
consideration in reviewing of shoreline
protection actions.
LUP136 Shoreline protection actions should be
discouraged in areas where they would
block beach parent material.
LUP137 Multiple use of shoreline protection
structures or non structural solutions should
be encouraged.
Transportation Facilities
The circulation network use category addresses
transportation facilities such as roads. railroads.
bridges. trails. and related facilities. The impact of
these facilities on shorelines can be substantial. Some
existing facilities were constructed to serve trans-
portation needs of the moment with a minimum
expenditure and very little assessment of their primary
or secondary impacts on shoreline aesthetics. public
access to the water. and resultant effects on adjacent
properties and water quality. Planning for new
transportation facilities within the shoreline area today
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 plans with the transportation
system that serves developments on the shoreline.
Policies
LUP138
Pedestrian access should be built where
access to public shorelines is desirable and
has been cut off by linear transportation
corridors. New linear facilities should
enable pedestrian access to public shorelines
where access is desirable.
LUP139 New surface transportation facilities not
related to. and necessary for the support of.
Revised July 1998
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Federal Way Comprehensive Plan - land Use
LUP140
LUP141
LUP142
LUP143
LUP144
'shoreline activities should be set back from
the ordinary high water mark far enough to
make unnecessary protective measures such
as rip rap or other bank stabilization. land-
fill. bulkheads. groins. ietties. or substantial
site regrade.
Shoreline transportation facilities should be
encouraged to include in their design and
development multi-modal provisions where
public safety can be assured.
Shoreline transportation facilities should be
planned to fit the topography and minimize
cuts and fills: and should be designed.
located. and maintained to minimize erosion
and degradation of water Quality and to give
special consideration to shoreline aesthetics.
Transportation and utility facilities should
be encouraged to coordinate ioint use of
rights-of-way and to consolidate crossings
of water bodies when adverse impact to the
shoreline can be minimized by doing so.
Transportation facilities should avoid
shoreline areas known to contain develop-
ment hazards (e.g. slide and slump areas.
poor foundation soils. marshes. etc.).
Transportation facilities should minimize
shoreline rights-of-wav bv orienting
generally perpendicular to the shoreline
where topographic conditions will allow.
LUP145 Shoreline roadways should have a high
priority for arterial beautification funds.
LUP146 Abandoned road or railroad rights-of-way
which contain unique shoreline amenities
should be acquired for public benefit.
LUP147 Federal Way should extend its trail and
bicycle trail system. particularly as it relates
to shorelines. to western Federal Wav.
LUP148 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 every effort to
preserve wildlife. aquatic life. and their
habitats.
Piers and Moorages
A pier is a structure built over or floating upon 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 pile supported. both of which
have positive and negative environmental aspects.
Floating piers generally have less of a visual impact
than those on piling and thev provide excellent
protection for swimmers from boat traffic. Floating
piers however. interrupt littoral drift and can starve
down current beaches where pile piers do not. Pile
piers can provide a diverse habitat for marine life.
Both types can create impediments to boat traffic and
near-shore trolling. Pier construction requires
regulation to protect navigation rights. preserve shore-
line aesthetics. and maintain the usable water surface
and aquatic lands for life forms characteristic and
important to those areas.
Policies
LUP149
Open pile pier construction should be
preferred where there is significant littoral
drift. where scenic values will not be
impaired. and where minimal alteration to
the shoreline and minimal damage to
aquatic resources can be assured.
LUP150 Floating pier construction should be
preferred in those areas where scenic values
are high.
LUP151
Piers should be discouraged where conflicts
with recreational boaters and other
recreational water activities would be
created by pier construction.
LUP152 The random proliferation of single purpose
piers should be discouraged. Preference
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Federal Way Comprehensive Plan - land Use
should be given to shared use of piers in all
shoreline areas.
LUP153
Temporary moorages should be t>ermitted
for vessels used in the construction of
shoreline facilities. The design and
construction of such moorages shall be such
that upon termination of the project the
aquatic life can be returned to their original
condition within one year at no cost to the
environment or the public.
LUP154 Shoreline structures that are abandoned or
structurally unsafe should be abated.
LUP155
Substantial additions or alterations.
including but not limited to substantial
developments. should be in conformance
with the policies and regulations set forth in
the master program.
LUP156 Piers. docks. buoys. and other moorages
should only be authorized after consid-
eration of:
a.
The effect such structures have on wildlife
and aquatic life. water quality. scenic and
aesthetic values. unique and fragile areas.
submerged lands. and shoreline vegetation.
b.
The effect such structures have on
navigation. water circulation. recreational
and commercial boating. sediment
movement and littoral drift. and shoreline
access.
LUP157 Moorage buoys should be preferred over
floating and pile constructed piers on all
tidal waters.
Recreation
Recreational experiences that depend on. or utilize.
the shoreline include: harvesting activities of fish.
shellfish. fowl. minerals. and driftwood; various forms
of boating. swimming. and shoreline pathways; and
watching or recording activities. such as photography.
painting. or the viewing of water dependent activities.
Principal focal points are at parks and access beaches.
road ends. yiewpoints. features of special interest.
water-access points. and destination points for boaters.
Facilities at these focal points may include fishing
piers. swimming floats. paths. parking areas. boat
ramps. moorings. and accessory recreational facilities.
The management of recreational land is determined by
balancing the recreational carrying capacity (or impact
of the environment on people) and the ecologicaf
carrying capacity (the impact of people on the
environment). Measures to accomplish this are by
designation of areas for use-intensity. interpretation.
and regulation. These different recreational use areas
coincide with the four envirortments-naturaL conser-
yancy. rural and urban. There are multiple benefits
derived from the park program. for example: recrea-
tionallands contribute substantially to open space by
conservation of land. preserving historic sites. offering
aesthetic relief and variety. contributing to a healthful
environment. and shaping and preserving the com-
munity form. In addition to the provisions of
recreational opportunities. Federal Way coordinates
with other governmental agencies. commerciaL and
volunteer groups to provide these opportunities for the
public. The policies are directed toward providing
shoreline dependent and water oriented recreational
opportunities. They are also directed at t>rotecting
health and safety by separating incompatible activities
and channeling them into their most appropriate
environments.
Policies
LUP158
The develot>rnent of recreational acquisition
plans should give emphasis to the
acquisition of prime recreation lands prior
to their being preempted for other uses.
LUP159
In open spaces having an established sense
of nature. improvements should be limited
to those that are necessary and unlikely to
detract from the primary values of the site.
LUP160 The siting of all developments should aim to
enhance and protect the area concerned.
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Federal Way Comprehensive Plan - land Use
LUP161
LUP162
Structural forms should harmonize the topo-
graphv. reinforce the use area. minimize
damage to natural resources. and support
recreation with minimal conflict.
New buildings should be made svmpathetic
to the scale. form. and proportion of older
development to promote harmonv in the
visual relationships and transitions between
new and older buildings.
LUP163 Whenever possible. natural materials should
be used in developing shoreline recreational
areas.
LUP164 Artificial irrigation and fertilization should
be restricted to high-intensity use areas.
LUP165 Existing buildings that enhance the
character of the shoreline should be used for
recreation wherever possible.
LUP166
Underwater parks should be extensions of
shoreline parings. or be created bv or
enhanced bv artificial reefs where natural
conditions or aquatic life could be observed
rninirnallv interfered with.
LUP167 Public recreational shoreline areas should
serve as emergencv havens of refuge for
boaters.
LUP168
Physical and/or visual access to the water
should use steep slopes. view points from
bluffs. stream vallevs. and features of
special interest where it is possible to place
pathways consistent with public safety
without requiring extensive flood or erosion
protection.
LUP169 The acquisition of public easements to the
shoreline through private or quasi-public
shorelines should be encouraged.
LUP170
Existing public recreation shorelines should
be restoréd where it is possible to
revegetate; resite roads and parking areas
that are close to the shoreline; and remove
-""
stream channelization and shoreline
protection devices when the facility has
either deteriorated or is inconsistent with the
general goals of this program.
LUP171 Prime fishing areas should be given priority
for recreational use.
LUPin Boating activities that increase shore
erosion should be discouraged.
LUP173
Effective interpretation should be provided
to raise the quality of visitor experiences
and to provide an understanding of the
resource.
Residential Development
The shorelines in Federal Wavare more widely used
for residential purposes than for anv other use. Much
of the undeveloped shoreline is privately-owned.
subdivided into small lots. and zoned to permit resi-
dential development.
The pressure to develop shorelines for residential uses
has continued to result in property subdivision and
escalating waterfront land values. Residential devel-
opment of shorelines is accomplished in a variety of
ways from large plats and subdivisions to single lot
development for housing; anv of which. if poorlv
planned. can culminate in the degradation of the
shoreline environment and water resource.
The Shoreline Management Act generallv exempts
".. . 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 familv..." from its permit
requirements. However. even though single familv
homes are not considered substantial developments.
the intent of the act has established the basis for
planning and regulating them.
Policies
LUP174
Residential developments should be
permitted only where there are adequate
provisions for utilities. circulation. access.
site lavout. and building design.
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Federal Way Comprehensive Plan - land Use
LUP175
LUP176
LUPI77
LUP178
LUP179
Subdivisions should be designed at a level
of density. site coverage. and occupancy
compatible with the physical capabilities of
the shoreline and water body.
Residential development plans submitted
for approval should contain provisions for
protection of groundwater supplies. erosion
control. landscaping. and maintenance of
the shoreline integrity.
Residential subdivisions should be designed
so as to protect water quality. shoreline
aesthetic characteristics. vistas. and normal
public use of the water.
Subdivisions should provide public
pedestrian access to the shorelines within
the development in accordance with public
access element of this master program.
The established velocity. Quantity. and
quality of stormwater discharge should be
considered in terms of the sensitivity of the
proposed receiving environment. The
disposal mode selected should minimize
changes in infiltration. runoff. and
groundwater recharge.
LUP180 Developers of recreational proiects such as
summer homes. cabins. campgrounds. and
similar facilities should satisfactorily
demonstrate:
a.
b.
c.
The suitability of the site to accommodate
the proposed development without
adversely affecting the shoreline
environment and water resource.
Adequate provisions for all necessary
utilities. including refuse disposal. and the
compatibility of the development with
adjacent properties and surrounding land
uses.
That recreational opportunity exists on the
site and does not depend on adjacent public
land to furnish the activity.
. ..,. .,...,......,............,_u....u_-..-..--
2.9 ESSENTIAL PUBLIC
FACILITIES
Pursuant to the GMA, no comprehensive plan can
preclude the siting of essential public facilities and
each should include a process for siting essential
public facilities. The GMA includes these provisions
because siting certain public facilities has become
difficult due to the impacts manv of these facilities
have on the community. In Chapter 22 of the Land
Use Regulations, =F!he City is responsible for defining
has defined essential public facilities and pro.-iding
provided a land use process for siting them. Essential
public facilities include those facilities that are
typically difficult to site, such as airports, state or
regional transportation systems, correctional facilities,
and mental health facilities.
The Crevltft Management Plaooing Couneil (CMPC),
or its suceessor, is responsible for establishing a
proeess b) .. hieh all jurisdietions shall eððperati. e1)
site publie faeilities of a countyvlÏde or statewide
nMtlre. Da3ed on these futtlre polieies, the City will
develop poliey and siting eriteria to address the siting
of pub lie fadlities ine1uding a33Ufftftee that essential
pub lie faeilities '.vill meet existing state laws ftftd
rt:gulations requiring speeifie siting and permitting
requirements.
Policy
LUP59
LUP181
Amend the The City Cod~ to shall include a
list of locally defined essential public
facilities and an appropriate Iftftd use re'/ie ¡¡
proeess which shall include the list of
essential state public facilities maintained
bv the office of financial management.
2.10
PHASING
Phasing focuses growth to those areas where public
investments for services are targeted. By doing so,
these areas become more attractive for development.
Revised July 1998
11-36
SMP Handbook - 1994 Edition
Salmon and Steelhead Habitats
Applicability
In addition to these provisions, several other chapters of this shoreline master
program contain policies and regulations which protect salmon and steelhead
habitats. They include the ,sections on agriculture, forestry, clearing and
grading, wetlands, riparian corridors, vegetation management, shoreline
modification, instream structures, water quality and floodplains. Applicants
should consult these sections as well as this section.
Note: Salmon and steelhead are two of the enduring symbols of the
Northwest. Salmon and steelhead are also an important economic and
recreational resource. A brief description of salmon and steelhead
habitat and a suggested approach to protecting this resource can be found
in Chapter 18, Aquatic Habitats.
i
,
"
Many counties contain extensive and varied salmon and steelhead
habitats. All of the suggested policies and regulations may apply to them.
Some counties and most cities will have a limited number of habitat types.
These local governments should include only those suggested policies and
regulations which apply to the habitat types within their jurisdiction.
The Department of Community Development's Planning Data Source
Book for Resource Lands and Critical Areas contains data sources for
locating certain salmon and steelhead habitat areas and high-quality
estuarine ecosystems. The Puget Sound Environmental Atlas contains
information on salmon and steelhead habitat areas. The Habitat
Management Division of the Department of Fisheries is developing a
database listing the locations of all saltwater habitats of special concern,
including juvenile salmon migration corridors and salt water rearing and
feeding areas. The Departments of Fisheries and Wildlife have
information on salmon and steelhead habitats. Indian Nations also have
information on salmon and steelhead habitats.
Policies
1. Salmon and steelhead habitats support valuable recreational and
commercial fisheries. These habitats should be protected because of their
importance to the aquatic ecosystem and the state and local economy.
Chapter 5 - Environmentally Sensitive Areas
H-l0l
SMP Handbook - 1994 Edition
2. Salmon and steelhead habitats are:
-('~)
a. Gravel bottomed streams creeks and rivers used for spawning;
b. Streams, creeks, rivers, side channels, ponds, lakes and wetlands used
for rearing, feeding and cover and refuge from predators and high
waters;
c. Streams, creeks, rivers, estuaries and salt water bodies used as
migration corridors; and
d. Shallow areas of salt water bodies used for rearing, feeding and refuge
from predators and currents.
3. Salmon and steelhead habitats are mapped in
this policy if resources are not mapped.]
. [Omit
4. Non-water-dependent or non-water-related uses, activities, structures and
landfills should not be located in salmon and steelhead habitats.
5. Where alternative locations exist water-dependent and water-related uses,
activities, structures and landfills should not be located in salmon and
steelhead habitats.
t"
- ;';",
"
6. Where uses, activities, structures and landfills must locate in salmon and
steel head habitats, impacts on these areas should be lessened to the
maximum extent possible. Significant unavoidable impacts should be
mitigated by creating in-kind replacement habitat near the project where
feasible. Where in-kind replacement mitigation is not feasible,
rehabilitating degraded habitat may be required. Mitigation proposals
should be developed in consultation with the affected local government, the
Department of Fish eries, the Department ofWildtife and affected Indian
Nations.
7. Developments which are outside salmon and steel head habitats but which
have the potential to significantly affect these habitats should be located
and designed so they do not create significant negative impacts on salmon
and steelhead habitats.
8. Bioengineering is the preferred bank protection technique for rivers and
streams used by salmon and steelhead. Also see the Shoreline Modification
Policies and Regulations of this master program. (A set of recommended
Shoreline Modification Policies and Regulations can be found in Chapter 8
of the Handbook.)
9. Floating structures and open pile structures are preferred over landfills or
solid structures in water areas used by salmon and steelhead.
-c
Chapter 5 - Environmentally Sensitive Areas
H-IO2
"'.........
SMP Handbook -1994 Edition
10. Open pile bridges are preferred for crossing water areas used by salmon
and steelhead.
11. Impervious surfaces shall be minimized in upland developments to reduce
stormwater runoff peaks. Structures and uses creating significant
impervious surfaces shall include stormwater detention systems to reduce
storrnwater runoff peaks.
12. The discharge of silt into waterways shall be minimized during in-water and
upland construction.
13. Adopt-A-Stream programs and similar efforts to rehabilitate salmon and
steelhead spawning streams are encouraged.
14. Fishery enhancement projects are encouraged where they will not
significantly interfere with other beneficial uses.
(
15. The agriculture, forestry, clearing and grading, wetlands, riparian corridors,
vegetation management, shoreline modification, in stream structures and
water quality sections of this shoreline master program contain policies and
regulations which protect salmon and steel head habitats. Uses and
activities proposed for shoreline areas should comply with all applicable
policies and regulations of this shoreline master program.
16. Project proponents should contact the Habitat Management Division of the
Department of Fish eries, the Habitat Division of the Department of Wildlife
or affected Indian Nations early in the development process to determine if
the proposal will occur in or adjacent to a salmon and steelhead habitat.
17. When reviewing permits for uses, activities and structures proposed for salt
water areas, rivers and streams, river and stream side channels, wetlands
and ponds connected to rivers and streams and shorelines adjacent to these
areas; staff should contact the Habitat Management Division of the
Department of Fisheries or the Habitat Division of the Department of
Wildlife to determine if the proposal will occur in or affect an adjacent
salmon or steel head habitat. Staff should also contact affected Indian
Nations.
Regulations
1. Structures which prevent the migration of salmon and steelhead shall not
be allowed in the portions of water bodies used by these fish. Fish bypass
facilities shall allow the upstream migration of adult fish. Fish bypass
facilities shall prevent fry and juveniles migrating downstream from being
trapped or harmed.
Chapter 5 - Environmentally Sensitive Areas
H-103
--OCT. 8.1998 12:54PM
TACOMA GA/OCC
NO. 2683
P. 2
 Weyerhaeuser
Corporate HlJildq,¡arters
PO Box 2999
Tacoma WA 98477-2999
Tel (253) 92/1 2345
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 the proposed change to the shoreline designation of a portion of the
Weyerhaeuser property on North Lake. This proposed change had been requested by
Weyerhaeuser durin¡ 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 well 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. we decided to reevaluate the original request. After
reevaluating circumstances and physical characteristics of this specific property. we
detennined it is an area we would be unlikely to develop for corporate use. This is in
large part due to existing conditions on the property including natural constraints. such as
wetlands.
Both because we have deteImined that this area is not likely to be needed for
development, and because we share our neighbors' concern for the quality of the
environment around NoIth Lake, we have decided not to pursue the original request for a
shoreline designation change. This means the shoreline on this particular ponion of the
Weyerhaeuser property on NoIth 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 canceled.
Because we understand there may be interest in other Weyerhaeuser/Quadrant activities
in the broader East Campus area, we plan to schedule a meetin¡ in November to provide
information on those activities.
Sincerely.
¿:!1~
Vice President, Weyerhaeuser Business Services
10/08/98 THU 13:48
[TXlRX NO 6321]