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LUTC PKT 06-01-1998 ~/. City of Federal Way. City Council Land Use/Transportation Committee June I, 1998 5:30 pm City I-Iall Council Chambers AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES 3. PUBLIC COMMENT (3 minute limit) 4. COMMISSION COMMENT 5. BUSINESS ITEMS A. Shoreline Master Program Action B. Code Amendment Request from Roger Action Hyppa re: 1816 South 340th C. South 356th RSF Final Acceptance Action D. SeaTac Phase I (Belmor) Authority to Action Award Bid E. Crown Point Storm Sewer Repair Action 30 % Design Approval Largen/20 min Moore/lO min Pratt/5 min Prattll 0 min Prattll 0 min 6. FUTURE MEETING AGENDA ITEMS School Impact Fees School District Facility Plan TIP South 304th Street and Military Road South Surface Water Management/Department of Ecology Ordinance Package Load Covering Ordinance Building Fees/1997 UBC Code Adoption Powell Open Space Current Use Assessment Open Cut of ROW vs Boring Comprehensive Plan Update Non Residential Design Guidelines Weyerhaeuser Annexation Adult Entertainment Regulations Street Tree Replacement 7. ADJOURN Committee Members: Phil Watkins, Chair Jeanne Burbidge Mary Gates City Staff: Greg Moore, Director, Community Development Services Sandy Lyle, Administrative Assistant 253.661.4116 I:\LU- TRANS\JUNILUTC.AGN .. . City of Federal Way.'. City Council Land Use/Transportation Committee May 4, 1998 5: 15pm City HaJJ Council Chambers SUMMARY In attendance: Committee members Phil Watkins (Chair), Mary Gates and Jeanne Burbidge; Mayor Ron Gintz; Council Members Linda Kochmar; Director of Community Development Services Greg Moore; Public Works Director Cary Roe; Assistant City Attorney Bob Sterbank; Street Systems Manager Ken Miller; Surface Water Manager Jeff Pratt; Traffic Engineer Rick Perez; SWManagement Project Engineer Marwan Salloum; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER The meeting was called to order at 5: 15pm by Chairman Phil Watkins. 2. APPROVAL OF MINUTES The minutes of the May 4, 1998, meeting were approved as presented. 3. PUBLIC COMMENT There was no public comment on items not included on the agenda. 4. COMMISSION COMMENT There was no additional comment from any of the City Commissions. 5. BUSINESS ITEMS A. Star Lake Road Conveyance Improvements/30% Design Ap¡>roval- Mitigation money, $64,163.61, received in 1997 for upstream development storm water impacts to the Star Lake trunk system, was used to initiate the design process on five projects along the Star Lake trunk conveyance system as identified in the City's Surface Water Capital Facilities Plan. The proposed drainage improvements will be located along Star Lake Road serving a 403 acre drainage basin of developed, primarily residential area. The project's purpose is to reduce the frequency of flooding in homes, on property, and within the right-of-way of Star Lake Road and South 272nd Street. The Committee mls/c recommendation of approval to the City Council at the June 2, 1998, meeting with authorization to staff to proceed. Staff will return to the Committee at the 85 % design completion stage. B. 1998 W ork Pro~ram - Bruce Kreager of Barghausen requested a rezone of a parcel of property near Enchanted Parks in order to build a convenience store with gas pumps. He wished to pursue preannexation zoning on the property now zoned R4 by King County. Jody Putman, Federal Way School District, requested a code amendment to allow the placement of 8' X 20' shipping containers on school property as storage for emergency supplies without the necessity of going through the permit process. The Committee mls/c recommendation of approval of the 1998 Work Program to the City Council as amended. The amendment included addition of the school district request to item #7, Other Miscellaneous, on the Work Program timeline. The Committee asked that the Barghausen rezone request be addressed following submittal of a 10 % petition for annexation. C. South 288th Street Access Management Design/Construction - The Committee mls/c recommendation of approval to the City Council at the May 19, 1998, meeting to construct Type C curb on south 288th Street from 200 feet west of Military Road South to 200 feet east of Military Road South. Restriction of turning movements on driveways to right- turns only will reduce crash rates on South 288th Street. D. 1998 A&¡Ihalt Overl~ Bid Award - Four bids were received for the 1998 Asphalt Overlay Project. M. A. Segale, Inc., with a total bid of $2,162,373.62 was the lowest responsive, responsible bidder. In order to be within budget, Schedules E-l (35th Avenue South & Southwest) and G (South 333rd Street) were deleted from the project. A contract amount of $1,993,735.16 was awarded to M. A. Segale, Inc., and a contingency of $199,373.52 was approved for a total of $2,193,108.68. The Committee so mls/c recommendation of approval to the City Council. Also recommended for approval was that the City Manager execute the contract, authorize $59,000 for construction administration, and, if funding allows, add all or a portion of Schedules E-l and G back into the contract. E. South 3 12th Street Road Improvements/ 100 % Design & Authority to Bid - The Committee mls/c recommendation of approval to the City Council at the June 2, 1998, meeting to approve the final design plans for the South 3 12th Street Improvement Project from SR 99 to 23rd Avenue South. The project was financed by a Transportation Improvement Board (fIB) grant and the 1995 voter approved bond issue. Staff was authorized to proceed with bidding the project. Bids will be brought directly to Council for award of the construction contract if bids received are within the $4,777,614 budget. F. South 336th Street (13th to 18th) Road Improvements 100% Desi~ & AuthoritY to Bid - The Committee mls/c recommendation of approval to the City Council of the widening and rechannelization of South 336th Street from 13th Avenue South to 18th Avenue South. Costs were significantly increased due to an increase in the scope of work by the Council. The original cost estimate of this project was $510,000. Current estimates are $693,500, an increase of $183,500. There are savings available from other bond issue projects to cover these increased costs. 6. FUTURE MEETINGS The next meeting will be held on June 1, 1998, at 5:30 pm. 7. ADJOURN The meeting was adjourned at 6:30pm. I: \LU - TRANS\MA Y18LUT .SUM BEe E 'YF; ~I~~? T\RiWl£Ni "'\TV o£\J£LIJ?Ìvlbl ' CO~~U", \ I ~~'1 20 \SSß May 19, 1998 Phil Watkins, Chairman land Use/Transportation Committee Dear Mr. Watkins, I was raised on a piece of property in Federal Way located at 1816 S. 340th. We have owned this residence for 48 years. My mother recently passed away, and upon listing the property for sale, I learned that it had been rezoned Business Park. This was done without any formal notification to any of the 6 residences on this road. I would like to address the committee at their next meeting on Monday, June I, at 5:30 P.M. At this time I would request a code admentment so that I could construct a garage. I would take no more than 5 minutes of the committee's time to explain the unique situation of this property. I am hoping you will offer me this opportunity. Sincerely, Roger Hyppa 20136 47th Ave. N.E. lake Forest Park, Waf 98155 (206) 364-0857 cc Ken Nyberg Greg Moore MEMO TO: Land Use and Transportation Committee FROM: Kathy McClung, Deputy CDS Director I~ May 27, 1998 DATE: REi Shoreline Management and Regulations Attached is the Planning Commission recommendation for a Shoreline Master Program and related regulations. The Planning Commission conducted a public hearing on April 1, 1998. The only person in the audience was a representative from the Quadrant Corporation. Don Largen, consultant from McConnell Burke will present the shoreline management plan and regulations to the Committee. Briefly, these changes include: * Revisions to the adopted King County Shoreline Master Program to update language and remove those parts of the Program not applicable to Federal Way. * Revisions to the adopted King County Shoreline Regulations to update language and remove sections not applicable to Federal Way. * Revision to the shoreline designation of a portion of North Lake from Conservancy to Urban. A shoreline designation map wil be provided at the meeting. Attachments: 1. Planning Commission Findings 2. Draft Ordinance 3. Staff Report CITY OF FEDERAL WAY Planning Commission DATE: TO: FROM: SUBJECT: April 30, 1998 CITY COUNCIL ROBERT VAUGHAN, CHAIR PLANNING COMMISSION RECOMMENDATION PROGRAM AND SHORELINE REGULATIONS - SHORELINE MASTER ----------------------------------------------------------------- I. BACKGROUND The Federal Way Comprehensive Plan contains goals and policies that provide for shoreline management as required under growth management. The City adopted the King County Shoreline Master Program and regulations in 1990 with the city's incorporation. The adopted King County regulations and Program includes outdated language and regulates types of shorelines that do not apply to Federal Way. Other policies and regulations are not specific enough to the City's shorelines since King County was written for a broader range of shoreline uses and environments. The Comprehensive Plan states that the City shall develop a Shoreline Master Program that is consistent with community values, land use and environmental protection. The shorelines in the City that are regulated include those along Puget Sound, all of Steel Lake, and those portions of North Lake and Lake Killarney that are located within the City's boundaries. II. PLANNING COMMISSION PROCESS The Planning Commission held a public hearing on April 1st 1998. The City staff provided the Commission with an overview of issues and draft regulatory provisions as drafted by a consultant. The hearings were devoted to a section-by-section review of the recommended regulatory language contained in the March 24, 1998 consultant staff report. I I I. SUMMARY OF AMENDMENTS The following list summarize the major code amendments reviewed by 1 the Commission during this code revision process. 1. Replacement of the adopted King County Shoreline Master Program (Title 25) with a Federal Way Master Program. The new Master Program deletes sections of the King County Code that do not apply to this city. Amendment to Chapter 18 of the FWCC to adopt applicable regulations for shoreline development. Change the shoreline map designation for the properties along the North Lake from Conservancy to Urban. 2. 3. IV. PLANNING COMMISSION FINDINGS & RECOMMENDATIONS The Planning Commission bases its recommendation of adoption of the proposed amendments to the FWCC relative to the Shoreline Management Program and related regulations based on the following findings: 1. The City's shoreline areas are an important feature to the City's character and quality of life; and 2. The existing shoreline regulations and Shoreline Master Program are King County regulations in place at time of the City's incorporation and do not reflect the Federal Way community values and specifics of this area; and 3. The proposed amendments are consistent with the provisions of the Natural Environment chapter of the Comprehensive Plan including the following: NEGI0- Create a new shoreline master program that is consistent with community values, land use and environmental protection. NEP44- The City should create a new Shoreline Master Program that is consistent with State law, and the policy direction of the Natural Environment and Land Use chapters of this Plan. NEP45- The Shoreline Master Program should recognize the unique recreational and natural habitat of the City's shorelines; and 4. Whereas, the Federal Way SEPA responsible official has issued a Declaration of Nonsignificance on April 1, 1998; and 7. Whereas, the proposed code amendments would not adversely affect the public health, safety or welfare. 2 Robert Vaughan, Chair Federal Way Planning Commission 3 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 REPLACE THE ADOPTED KING COUNTY ORDINANCE (Title 25). A. WHEREAS amendments to the Federal Way City Code (FWCC) text 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 during the Planning Commission review; and ORD# , PAGE 1 F. WHEREAS the City of Federal Way SEPA responsible official issued a Declaration of Nonsignificance on April 1O, 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 , 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. FindinQs. 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 adoption of a new Shoreline Management Plan; and ORD# , PAGE 2 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 by this reference is incorporated herein. 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. CITY OF FEDERAL WAY MAYOR, RONALD L. GINTZ ATTEST: ORD# , PAGE 4 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 ---------- 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) s~~. 18 162. Shöl diB~ mast~r prögram. (a) The: city adopts by refercnee the follo'vYing portions of King Coumy Ordinance No. 3692, Shordine Master Program. (goals, objectives Mid polides), onc eopy of'.vhich is on file with the office of the city derk: (1) (2) (3) Master program. e:kme:ms. Shoreline enviroflme:m3. Shoreline U3e activities. (b) The city adopts by reference portions of the King County Code, Title 25, Shoreline Manttgemcm as follov.s, one eop)" of v.hie:h is on file 'Ý. ith the dty ekrk: (1) (2) (3) (4) (5) (6) Chapter 25.04, Pl:U'þm~e:, title, scope. Chapter 25.08, Definitions. Chapter 25.12, Err.'ironment designations. Chapter 25.16, UrbMi environment. Chapter 25.20, Rural e:fi'.ironmem. Chapte:r 25.24, Conservfifte) cfi'.ironment. (7) Chapter 25.28, Natural environment. (Ord. No. 90 38, § 1(24.20.10,24.20.20),2 27 90) Sec. 18-163. Jurisdiction. (a) The provisions of this article shall apply to all development proposed within the areas defined as shorelines in RCW 90.58.020(d), and shorelines of statewide significance in RCW 90.58.030(e). The approximate location ofthese 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 substantial development 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 RCW 90.58.030 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-XXX. Additional definitions. Unless otherwise defined in this chapter. the definitions contained in this chapter. chapter 22. RCW chapter 90.58. and WAC 173-26 shall apply. Access: Public access means actual unobstructed access available to the general public from land to the ordinary high water mark or to the wetland directly abutting the ordinary high water mark. Access: Limited Dublic access means: 1." Actual physical access from land to the ordinary high water mark or to the wetland directly abutting the ordinary high water mark. such access being limited to specific groups of people or to certain regularly prescribed times: or 2. Visual access available to the general public to the shoreline and adjacent waterbody. such access being specifically provided for in the development ofthe site. Average grade 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. -2- 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 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 protectinl? adjacent shorelands and uplands from waves or currents. Class I beach means a beach or shore having 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 vrogram 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. Jetty means an artificial barrier used to change the natural littoral drift to protect inlet entrances from clogging by excess sediment. Littoral drift means the natural movement of sediment along marine or lake shorelines by wave breaker action in response to prevailing winds. -3- DIVISION 2. SHORELINE MASTER PROGRAM Sec. IS-XXX. Purpose. The Shoreline Management Act (SMA) identifies seven land and water use elements that. if appropriate to the communitv. are to be dealt with in the development of area-wide shoreline goals. They 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 ofthe state within Federal Way makes up the largest share of the developed shorelines in the city. Much of the undeveloped shoreline is in private ownership. subdivided into small lots and presentlv zoned to allow for residential use. Because of present and future needs of residential shoreline use. goals and policies have been formulated as part of a residential element to guide and plan for that development. The following comprehensive set of shoreline goals provide the foundation and framework on which the balance of the master program has been based. These goals and policies are reflective of the level of achievement believed to be intrinsically desirable for all shoreline uses. needs. and developments. 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 of the Federal Way City Code. Sec. IS-XXX. 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 aqua culture and recreation: and 3) the use of the water. shoreline. and uplands for other categories of land and water uses and activities not specified in this master program. Goal-Preserve or develop shorelines. adjacent uplands. and adjacent water areas in a manner that assures a balance of shoreline uses with minimal adverse effect on the quality of life. water. and environment. Obiectives - .L Shoreline land and water areas particularly suited for specific and appropriate uses should be designated and reserved for such uses. 2. Shoreline land and water uses should satisfy the economic. social. and phvsical needs of the regional population. but should not exceed the physical carrying capacity of the shoreline areas. -4- ¿ Where appropriate, land and water uses should be located to restore or enhance the land and water environments. 4. Like or compatible shoreline uses should be clustered or distributed in a rational manner rather than be allowed to develop haphazardly. ~ Multiple uses of shoreline should be encouraged where location and integration of compatible uses or activities are feasible. 6. 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. 7. Non-residential uses or activities which are not shoreline dependent should be encouraged to locate or relocate away 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. Sec. 18-XXX. Public access element. An element making provision for public access to publicly-owned shorelines and assessing the need for providing l;mblic access to shoreline areas. Goal - Increase public access to shoreline areas provided that private rights, public safety, and the natural shoreline character are not adverse Iv affected. Ob;ectives - L Development of public access should respect and protect the enjoyment of private rights on shoreline property. Policy 1 Shoreline access areas should be planned to include ancillary facilities such as parking and sanitation when appropriate. Policy 2 Shoreline access and ancillary facilities should be designed and developed to provide adequate protection for adjacent private properties. 2. Public access should be maintained and regulated. Policy 1 Public access should be policed and improved consistent with intensity of use. -5- ;L 4. ~ -6- Policy 2 Policv 3 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. Facilities in public shoreline access areas should be properlv maintained and operated. Design of access should provide for the public health. safety. and eniovment. Policy 1 Policy 2 Policv 3 Appropriate signs should be used to designate publicly owned shorelines. Within the shoreline environment. pedestrian and non motorized access should be encouraged. Public access to and along the water's edge should be available in publiclv-owned shorelines that are tolerant of human activitv. Priority for access acquisition should consider resource desirabilitv. availability. and proximity of population. Policy 1 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. Public access should be provided in new shoreline developments. Policy 1 Policy 2 There should be incentives to encourage private property owners to provide shoreline access. 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 anv of the following conditions should be considered for pedestrian easements: a. Areas of significant. historical. geological. and/or biological circumstances. b. Areas presently being legally used. or historically having been legally used. by the public along the shoreline for access. c. Where public funds have been expended on or related to the waterbody. 6. Shorelines of the city should be available to all people for passive use and enjoyment. Policy I Policy 2 Viewpoints. lookouts. and vistas of shorelines of the city should be publicly accessible. New developments should minimize visual and physical obstruction of the water from shoreline roads and upland owners. 7. General policies. Policy I Policy 2 Policy 3 Policy 4 Policy 5 Where appropriate. utility and transportation rights-of-way on the shoreline should be made available for public access and use. Publicly-owned street ends which abut the shoreline should be retained and/or reclaimed for public access. Shoreline recreational facilities and other public access points should be connected by trails. bicycle pathways. and other access links where appropriate. 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. Access development should respect and protect ecological and aesthetic values in the shorelines of the city. Sec. 18-XXX. 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. Goal - Assure preservation of unique and non-renewable natural resources and assure conservation of renewable natural resources for the benefit of existing and future generations and the public interest. -7- Obiectives - 1:. Shorelines which are of unique or valuable natural character should be acquired for public benefit commensurate with preservation of the ecosystem. Policy 1 Policy 2 Unique and fragile areas in shoreline areas should be designated and retained as open space. Access and use should be restricted or prohibited when necessarv for their preservation. 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. 2. All renewable natural resources should be managed so that use or consumption does not exceed replenishment. Policy 1 Through policies and actions. Federal Way should encourage the management and conservation of fish. shellfish. wildlife. and other renewable resources. ¿ Resource conservation should be an integral part of shoreline planning. Policy 1 Policy 2 When feasible. Federal Way should initiate programs to reverse any substantial adverse impacts caused by existing shoreline development. All future shoreline development should be planned. designed. and sited to minimize adverse impact upon the natural shoreline environment. 4. Scenic. aesthetic. and ecological qualities of natural and developed shorelines should be recognized and preserved as valuable resources. Policy 1 Policy 2 Policy 3 Policy 4 -8- When appropriate. natural flora and fauna should be preserved or restored. In shoreline areas. the natural topography should not be substantially altered. Shoreline structures should be sited and designed to minimize view obstruction and should be visually compatible with the shoreline character. Wildlife and aquatic habitats, including spawning grounds, should be protected, improved, and, if appropriate, increased 2:. Resources should be managed to enhance the environment with minimal adverse effect. Policy 1 Policy 2 Policy 3 Policy 4 Aquaculture in shoreline areas should be conducted with all reasonable precautions to insure the preservation of the natural character and quality of the shoreline. 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. Any structure or activity in or near the water should be constructed in such a way that it will minimize adverse physical or chemical effects on water quality. vegetation. fish. shellfish. or wildlife. Use or activity which substantially degrades the natural resources of the shoreline should not be allowed. Sec. i8-XXX. 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 - Provide additional shoreline dependent and water oriented recreation opportunities that are diverse. convenient. and adequate for the regional population consistent with the carrying capacity of the land and water resources. Ob;ectives - 1.. Areas containing special shoreline recreation qualities not easily duplicated should be available for public use and enjoyment. Policy I Policy 2 Opportunities should be provided for the public to understand natural shoreline processes and experience natural resource features. Public viewing and interpretation should be encouraged at or near governmental shoreline activities when consistent with security and public safety. 2. Shoreline recreational use and development should enhance environmental quality with minimal adverse effect on the natural resources. -9- Policy 1 Policy 2 Policy 3 Policy 4 Policy 5 Policy 6 Policy 7 Policy 8 Policy 9 Policy 10 -10- 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, periphery parking, and adequate sanitary facilities should only be allowed where appropriate. Beaches and other predominantly 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. 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 may include vista points, pedestrian walkways, water entry points, and access from the water; utilizing stream floodplains, street ends. steep slopes, and shoreline areas adjacent to waterfront roads. At suitable locations, shorelines should be made available and designated as high intensive use areas that provide for a wide variety of activities. Overall design and development in shoreline recreational areas should be responsive to the site characteristics of those areas and be consistent with the level of use in the area concerned. Recreation areas on the shoreline should have adequate surveillance and maintenance. The public should be provided with additional off-site and on-site guidance and control to protect shoreline resources. 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 development does not destroy valuable biota or unique physical conditions. 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. 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. 4. A balanced varietv of recreational opportunities should be provided for people of different a~es. health. family status. and financial ability. Policy 1 Policy 2 Policy 3 Policy 4 Policy 5 Appropriate specialized recreation facilities should be provided for the handicapped or others who might need them. Shoreline recreation areas should provide opportunities for different use intensities ranging from low (solitude) to high (many people ). Opportunities for shoreline recreational experiences should include developing access that accommodates a range of differences in people's physical mobility. capabilities. and skill levels. Shoreline recreational experiences should include a wide range of different areas from remote-outdoor undeveloped areas to highly developed indoor-outdoor areas. Recreational development should meet the demands of population growth consistent with the carrying capacity of the land and water resources. Sec. I8-XXX. Circulation element. An element dealing with the location and extent of existing and proposed major thoroughfares. transportation routes. and other public facilities: and coordinating those facilities with the shoreline use elements. Goal - Circulation systems in shoreline areas should be limited to those which are shoreline dependent or would serve shoreline dependent uses. The physical and social environment shall be protected from the adverse effect of those systems on the quality of water. life. or environment. Ob;ectives - .L New surface transportation development should be designed to provide the best possible service with the least possible infringement upon the shoreline environment. Policy I New transportation facilities and improvements to existing facilities that substantially increase levels of air. noise. odor. visual. or water pollution should be discouraged. -11- -12- Policy 2 Transportation corridors should be designed to hannonize with the topography and other natural characteristics of the shoreline throu~h which they traverse. Policy 3 Surface transportation facilities in shoreline areas should be set back from the ordinary high water mark far enou~h to make unnecessary such protective measures as rip-rap or other bank stabilization. landfill. bulkheads. groins. jetties. or substantial site regrade. 2. 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 property; and they should encourage alternative routes and modes of travel. Policy 1 Motorized vehicular traffic on beaches and other natural shoreline areas should be prohibited. Policy 2 Transportation facilities providing access to shoreline developments should be planned and designed in scale and character with the use proposed. Policy 3 Circulation routes should provide for non-motorized means of travel. ~ Circulation systems disruptive to public shoreline access and other shoreline uses should be relocated where feasible. Policy 1 Transportation elements disruptive to the shoreline character which cannot feasibly be relocated should be conditioned or landscaped to minimize visual and noise pollution. 4. Shoreline circulation systems should be adaptable to changes in technology. Policy 1 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. 2. General policies. Policy 1 New transportation developments in shoreline areas should provide turnout areas for scenic stops and off road rest areas where the topography. view. and natural features warrant. Policy 2 Policy 3 Shoreline roadway corridors with unique or historic significant, or of great aesthetic quality, should be retained and maintained for those characteristics. New transportation facilities crossing lakes, streams, or wetlands should be encouraged to locate in existing corridors except where any adverse impact can be minimized by selecting an alternate corridor. Sec. I8-XXX. 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 - Shoreline residential areas shall pennit a variety of housing types and design with densities and locations consistent with the ability of physical and natural features to accommodate them. Objectives - 1:. 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. Policy 1 Policy 2 Policy 3 Policy 4 Policy 5 Residential development should be prohibited in floodplains within the 100 year floodplain. Residential development should be prohibited-in areas of severe or very severe landslide hazard. Residential development should be regulated in shoreline areas with slopes of 40 percent or greater. 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. The burden of proof that development of these areas is feasible, safe, and ecologically sound is the responsibility of the developer. 2. Residential developments should have minimal impact on the land and water environment of the shoreline and minimize visual and physical obstruction. -13- Policy 1 Policy 2 Policy 3 Policy 4 Policy 5 Residential development should be regulated in identified unique and fragile areas as required under the city's sensitive areas regulations. Residential development on piers or over water should not be permitted. Landfill for residential development which reduces water surface or floodplain capacity should not be permitted. In residential developments. the water's edge should be kept free of buildings and fences. 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. 4. Residential densities should be determined with regard for the physical capabilities of the shoreline areas. public services requirements. and effects such densities have on the environment. Policy 1 Policy 2 Policy 3 Policy 4 Subdivisions and new development should be designed to adequately protect the water and shoreline aesthetic characteristics. New residential development should only be allowed in those shoreline areas where the provision for sewage disposal and drainage ways are of such a standard that adjoining water bodies would not be adversely affected by pollution or siltation. 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. 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. DIVISION 3. SHORELINE ENVIRONMENTS Sec. IS-XXX. Purpose. -14- In order to more effectively 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 emphasis in the type of uses and the extent of development which should occur within it. The system 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 of the environment is not destroyed. The determination as to which designation should be given to any 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. 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. Sec. IS-XXX. 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 presently 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 permittin~ 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 policy 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 i[the major use is shoreline dependent. General policies - .L Emphasis should be given to development within already developed areas. 2. Emphasis should be given to developing visual and physical access to the shoreline in the urban environment. ~ 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. -15- 4. Multiple use of the shoreline should be encouraged. ~ Redevelopment and renewal of substandard areas should be encouraged in order to accommodate future users and make maximum use of the shoreline resource. 6. Aesthetic considerations should be actively promoted by means of sign control regulations. architectural design standards. landscaping requirements. and other such means. 7. 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. Sec. 1S-XXX. Rural environment. The rural environment is intended for shoreline areas characterized by agricultural uses. low density residential (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 compatible with agricultural activities are appropriate for the rural environment. The purpose of designating the rural environment is to preserve agricultural land, restrict intensive development along undeveloped shorelines. function as a buffer between urban areas, and maintain open spaces and opportunities for recreational uses within the ecological carrying capacity of the land and water resource. New developments in a rural environment should reflect the character of the surrounding area by limiting density. providing pennanent open space. and maintaining adequate building setbacks from the water to prevent shoreline resources from being destroyed for other rural types of uses. General policies - .L Recreational access to the shorelines should be encouraged. Recreational facilities should be located and designed to minimize conflicts with other activities. 2. New development should reflect the character of the surrounding area by limiting residential density, providing pennanent open space. and maintaining adequate building setbacks from the water. Sec. IS-XXX. Conservancy environment. The conservancy environment consists of a shoreline areas which are primarily 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. -16- 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 physical and biological resources of the area. General policies - .L. New development should be restricted to those which are compatible with the natural and biophysical limitations ofthe land and water. 2. Diverse recreational activities which are compatible with the conservancy environment should be encouraged. ~ Development which would be of a hazard to public health and safety, or would materially interfere with the natural processes should not be allowed. 4. The flood hazard overzone regulations shall apply to development within flood plains. ~ Structural flood control devices should be strongly discouraged in the conservancy environment. 6. In areas with poorly draining soils, development should not be allowed unless connected to a sewer line. 7. Development should be regulated so as to minimize the following: erosion or sedimentation, the adverse impact on aquatic habitats, and substantial degradation of the existing character of the conservancy environment. Sec. I8-XXX. Natural environment. The natural environment consists of areas characterized by the presence of some unique natural features considered valuable in their undisturbed or original condition and which are relatively intolerant of intensive human use. Such areas should be essentially free from development or be capable of being easily restored to natural condition, and they should be large enough to protect the value of the resource. The 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. General policies - .L. Natural areas should remain free from all development which would adversely affect their natural character. -17- 2. The intensity and type of uses permitted should be restricted in order to maintain the natural systems and resources in their natural condition. 1. Limited access should be allowed to those areas in the natural environment. 4. Uses which are consumptive of the physical and biological resources. or which may degrade the actual or potential value of the natural environment. should be prohibited. i. Uses and activities in locations adiacent to natural areas should be strictly regulated to insure that the integritv of the natural environment is not compromised. DIVISION 4. SHORELINE USE ACTIVITIES Sec. IS-XXX. Purpose. Shoreline use activities are specific uses, or groups of similar uses, that have been outlined by 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 policv of this master DfOgram and the Shoreline Management Act. They also represent a maior 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 by case basis and will be required to meet the intent of the goals and obiectives of this master program. the policy of the Shoreline Management Act. and shall be consistent with the management policy and character of the shoreline environment in which they propose to locate. Sec. IS-XXX. 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 qualitv and an aggressive policy of pollution abatement and control are mandatory for full realization and sustenance of this economic base. -18- Aquaculture 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 principally recreational. Aquaculture 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 oftheir 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 supplv. The confinement of fish or shellfish in concentration imposes an extreme biological load in a small area. Dense populations degrade and water qualitv and deposit heavy 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. 2. Navigation hazards such as holding pens. rafts. nets. and stakes. ¿ Watercourse alteration to supply water. 4. Netting and flooring of river beds for spawning channels. ~ Shoreline access limitations where shellfish are being protected and contained. General Dolicies - .L 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. 2. Pens and structures for commercial aquaculture should not be located on Class I beaches. or swimming beaches. -19- ~ Aquacultural enterprises should be located in areas which would not significantly restrict navigation. 4. In aquaculture enterprises. development of multiple aquaculture systems should be encouraged. ~ Aquacultural structures should use open pile construction where significant littoral drift occurs. 6. Prior to use of an area for aquacultural enterprises. consideration should be given to the capability of the water body to absorb potential wastes. 7. Shoreline areas having extremely high natural potential for aquaculture should be preserved for that purpose. Sec. is-XXX. 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 development 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. -20- General policies - 1.. Consideration should be made of the effect a structure will have on scenic value. 2. Commercial structures and ancillary facilities that are not shoreline dependent or water-oriented should be placed inland away from the immediate water's edge. ¿ 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. 4. Commercial enterprises locating within shoreline areas should be constructed to withstand normal rain and flooding conditions without contributing pollution to the watercourse or shoreline. ~ Commercial development which is not shoreline dependent should provide a buffer zone of vegetation for erosion control. Sec. IS-XXX. 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 shoreline environment can be planned, designed. constructed. maintained. and rehabilitated to be consistent with the intent of the Shoreline Management Act. Types of utility facilities in Federal Way vary from regional transmission by trunklines. pipelines. and transmission lines to subregional distribution facilities. These are essentially pipes and wires. Regional facilities generally are high voltage or high pressure systems with substantial potential impact in case of failure. Their impacts on the environment are also generally greater because of their scale and safety requirements. The types of utilities covered are communications (radio. TV. andtelephone). energy distribution (petroleum products. natural gas. and electricity). water. sanitary sewers. and storm sewers. General volides - 1:. Utilities which lead to growth should not be extended into or along shorelines without prior approval of such extension by appropriate land use authority. 2. Utilities located in shoreline environments inappropriate for development should not make service available to those areas. lc 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. 4. 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. ~ Utility corridors crossing shorelines ofthe 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. 6. Public access consistent with public safety and security should be encouraged where rights-of-way for regional utility facilities cross shorelines ofthe city. -21- 7. New utility facilities should be located so as neither to require extensive shoreline protection nor to restrict water flow. circulation. or navigation. .8..c Utility facilities and rights-of-way should be selected to preserve the natural landscape and minimize conflicts with present and planned uses of the land on which they are located. 9. New utility routes should be designed to minimize detrimental visual impact from the water and adjacent uplands. ~ New free standing personal wireless service facilities are discouraged from locating within the shoreline environment. Sec. IS-XXX. Shoreline protection. Shoreline protection is action taken to reduce adverse impacts caused by current flood. wake. or wave action. This action includes all structural and nonstructural means to reduce these impacts due to flooding. erosion. and accretion. Specific structural and nonstructural means included in this use activitv 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 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. -22- Generalvolicies - 1:. 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. 2. 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. ¿ Shoreline protection on marine and lake shorelines should not be used as the reason for creating new or newly usable land. 4. Shoreline protection structures should allow passage of ground and surface waters into the main water body. i. Shoreline protection should not reduce the volume and storage capacity of rivers and adjacent wetlands or flood plains. 6. 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. 7. The burden of proof for the need for shoreline protection to protect existing or proposed developments rests on the applicant. ~ Shoreline protection activities which may necessitate new or increased shoreline protection on the same or other affected properties where there has been no previous need for protection should be discouraged. 9. New development should be encouraged to locate so as not to require shoreline protection. .ill. Areas of significance in the spawning. nesting. rearing. or residency of aquatic and terrestrial biota should be given special consideration in reviewing of shoreline protection actions. lL Shoreline protection actions should be discouraged in areas where they would block beach parent material. lb Multiple use of shoreline protection structures or nonstructural solutions should be encouraged. Sec. IS-XXX. 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 transportation 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. General policies - L 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. 2 New surface transportation facilities not related to, and necessary for the support of, 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. landfilL bulkheads, groins, jetties, or substantial site regrade. -23- ~ 6. 8. ~ lL 1. Shoreline transportation facilities should be encouraged to include in their design and development multi-modal provisions where public safety can be assured. 4. 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 qualitv and to give special consideration to shoreline aesthetics. Transportation and utility facilities should be encouraged to coordinate joint 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 development hazards (e.g. slide and slump areas. poor foundation soils. marshes. etc.). 7. Transportation facilities should minimize shoreline rights-of-way by orienting generally perpendicular to the shoreline where topographic conditions will allow. Shoreline roadways should have a high priority for arterial beautification funds. 9. Abandoned road or railroad rights-of-way which contain unique shoreline amenities should be acquired for public benefit. Federal Way should extend its trail and bicycle trail system. particularly as it relates to shorelines. to western Federal Way. 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 shoreline. and should make every effort to preserve wildlife. aquatic life. and their habitats. Sec. IS-XXX. 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 they 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 l)rotect navigation rights. preserve shoreline aesthetics. and maintain the usable water surface and aquatic lands for life forms characteristic and important to those areas. -24- General volicies - .L 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. 2. Floating pier construction should be preferred in those areas where scenic values are high. ~ Piers should be discouraged where conflicts with recreational boaters and other recreational water activities would be created by pier construction. 4. The random proliferation of single purpose piers should be discouraged. Preference should be given to shared use of piers in all shoreline areas. ~ Temporary moorages should be permitted 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. 6. Shoreline structures that are abandoned or structurallv unsafe should be abated. 7. 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. 8. Piers. docks. buoys. and other moorages should only be authorized after consideration 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. 9. Moorage buoys should be preferred over floating and pile constructed piers on all tidal waters. Sec. I8-XXX. Recreation. Recreational experiences that depend on. or utilize. the shoreline include: harvesting activities offish. shellfish. fowL minerals. and driftwood; various forms of boating. swimming. -25- 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. viewpoints. 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 bv balancing the recreational carrying capacity (or impact of the environment on people) and the ecological 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 environments - natural. conservancy. rural and urban. There are multiple benefits derived from the park program. for example: recreational lands 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 community 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 protecting health and safetv bv separating incompatible activities and channeling them into their most appropriate environments. -26- General policies - .L The development of recreational acquisition plans should give emphasis to the acquisition of prime recreation lands prior to their being þreempted for other uses. 2. 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. ~ The siting of all developments should aim to enhance and protect the area concerned. 4. Structural forms should harmonize the topogra¡;>hv. reinforce the use area. minimize damage to natural resources. and support recreation with minimal conflict. ~ New buildings should be made sympathetic to the scale. form. and proportion of older development to promote harmony in the visual relationships and transitions between new and older buildings. 6. Whenever possible. natural materials should be used in developing shoreline recreational areas. 7. Artificial irrigation and fertilization should be restricted to high-intensity use areas. ~ 9. ~ lL 12 .ll ~ li ~ Existing buildings that enhance the character of the shoreline should be used for recreation wherever possible. Underwater parks should be extensions of shoreline parings. or be created by or enhanced by artificial reefs where natural conditions or aquatic life could be observed minimally interfered with. Public recreational shoreline areas should serve as emergency havens of refuge for boaters. 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 pathwavs consistent with public safety without requiring extensive flood or erosion protection. The acquisition of public easements to the shoreline through private or quasi-public shorelines should be encouraged. Existing public recreation shorelines should be restored where it is possible to revegetate; re-site 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. Prime fishing areas should be given prioritv for recreational use. Boating activities that increase shore erosion should be discouraged. Effective interpretation should be provided to raise the quality of visitor experiences and to provide an understanding of the resource. Sec. I8-XXX. Residential development. The shorelines in Federal Way are more widely used for residential purposes than for any other use. Much of the undeveloped shoreline is privately-owned. subdivided into small lots. and zoned to permit residential development. The pressure to develop shorelines for residential uses has continued to result in property subdivision and escalating waterfront land values. Residential development of shorelines is accomplished in a variety of ways from large plats and subdivisions to single lot development for housing; any of which. if poorly planned. can culminate in the degradation of the shoreline environment and water resource. The Shoreline Management Act generally exempts".. . construction on shorelands by an owner. lessee or contract purchaser of a single family residence for his own use or the use of his -27- family..." 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. General volicies - L. Residential developments should be permitted only where there are adequate provisions for utilities, circulation, access, site lavout. and building design. 2. Subdivisions should be designed at a level of densitv, site coverage, and occupancy compatible with the physical capabilities of the shoreline and water body. 1. Residential development plans submitted for approval should contain provisions for protection of groundwater supplies, erosion controL landscaping, and maintenance of the shoreline integritv. 4. 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. 6. The established velocity, quantity, and quality of stormwater discharge should be considered in terms of the sensitivitv of the proposed receiving environment. The disposal mode selected should minimize changes in infiltration, runoff. and groundwater recharge. 7. Developers of recreational projects such as summer homes, cabins, campgrounds. and similar facilities should satisfactorily demonstrate: a. The suitability of the site to accommodate the proposed development without adversely affecting the shoreline environment and water resource. b. Adequate provisions for all necessary utilities, including refuse disposaL and the compatibilitv of the development with adjacent properties and surrounding land uses. c. That recreational opportunity exists on the site and does not depend on adjacent public land to furnish the activity. DIVISION 5. SHORELINE REGULATION Sec. I8-XXX. Environmental designations. -28- Sec. 18-XXX.XX. Purpose. 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-XXX.XX. Names of environment desi~nations. In order to accomplish the purpose of this title, environmental designations have been established to be known as follows: .L Natural environment. 2. Conservancy environment. 1:. Rural environment. 4. Urban environment. Sec. 18-XXX.XX 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/or marshes, bogs, or swamps do not cover the entire associated wetland, proposed development in the remaining area may be permitted consistent with the character of the surrounding land use, the physical capabilities of the associated wetland, and applicable city land use plans and policies. Sec. 18-XXX.XX 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 ofthe boundaries of those environment designations. -29- 2. The official maps prepared pursuant to WAC 173-22 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 Chapter 18.xXx. xx of this Title. ~ 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-XXX.XX. Location of boundaries. 1. Boundaries indicated as following streets. highways. roads. and bridges shall be deemed to follow the centerline of such facilities unless otherwise specified. 2. Boundaries indicated as following railroad lines and transmission lines shall be deemed to flow the centerline of such rights-of-way or easements unless otherwise specified. ~ 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 of200 feet up the tributary. 4. In case of uncertain tv 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-XXX. Urban environment. Sec. 18-XXX.XX. 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 underutilized. 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-XXX.XX. Desi~nation criteria. -30- Designation criteria for the urban environment shall be: L Shorelines of the city used or designated for high intensity recreational use. 2. Shorelines of the city of lower intensity use. where surrounding land use is urban and urban services are available. ~ Shorelines of the city used or designated for multifamily residential development. 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. slide hazard areas. and/or marshes. bogs. or swamps. Sec. 18-XXX.XX. General Requirements. L Non water related development and residential development shall not be pennitted waterward of the ordinary high water mark. 2. Except in those cases when the height requirements of the underlying zones are more restrictive. 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 pennitted bv the applicable provisions of the underlying zoning. and if the proposed development is water related or water dependent. ~ 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 confonn to the following minimum conditions: a. Parking areas serving a water related or a non water related use must be located beneath or upland of the development which the parking area serves. b. Any outdoor parking area perimeter. excluding entrances and exits. must be maintained as a planting area with a minimum width of five feet. ~ One live tree with a minimum height of four feet shall be required for each 30 linear feet of planting area. -31- 6. 7. d. One live shrub of one-gallon container size, or larger, for each 60 linear inches of planting area shall be required. e. 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. Collection facilities to control and separate contaminants shall be required where stormwater runoff from impervious surfaces would degrade or add to the pollution of recipient waters of adjacent properties. The regulations of this chapter have been categorized in a number of sections, regardless of the categorization of the various regulations, all development must comply with all applicable regulations. Sec. 18-XXX.XX. 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: -32- .L 2. 1. 4. Single family or multiple family residential development is permitted in the underlying zone classification. Residential development shall not be permitted waterward of the ordinary high water mark. Setbacks. a. Single familv residential development shall maintain a minimum setback of 20 feet from the ordinary high water mark. b. Multifamilv residential development shall maintain a minimum setback of 50 feet from the ordinary high water mark. c. Sensitive areas. If the residential development is proposed on shorelines that include one or more sensitive areas, as defined in 18. , such development shall maintain setbacks in accordance with regulations and procedures set forth in 18. through 18. Residential accessory structures may be placed within the required shoreline setback. provided: 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. c. No accessory structure shall exceed eight feet in height. Sec. 18-XXX.XX. Residential piers. mooraee. or launching facilities. Conditions. Any pier. moorage. float. or launching facility authorized by Sections 18.172.04 through 18.172.06 shall be subject to the following conditions: .L Residential piers are not pennitted on the Puget Sound shoreline. 2. No dwelling unit may be constructed on a pier. ¿ Excavated moorage slips shall not be pennitted 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 pennitted waterward of the ordinary high water mark. ~ No pier. moorage. float. or over water structure or device shall be located closer than 15 feet from the side property line extended. except that such structures may abut property lines for the common use of adjacent property owners when mutually agreed to by the property owners in a contract recorded with King County. a copy of which must accompany an application for a building pennit or a shoreline pennit; such joint use piers may be pennitted up to twice the surface area allowed by this title. 6. 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. proyided no portion of the structure shall. during the course ofthe nonnal fluctuations of the elevation of the water body. protrude more than five feet above the surface of the water. Sec. 18-XXX.XX. Residential piers. mooraee. or launching facilities. Accessory to residential development. Piers. moorages, floats. or launching facilities may be pennitted 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: -33- -34- L Private. single residence piers for the sole use of the property owner shall not be considered an outright use on City of Federal Way shorelines. 2. A pier may be allowed when the applicant has demonstrated a need for moorage and the following alternatives have been investigated and are not available or feasible: a. 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 familv 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. b. 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. a. 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 of76 feet. b. The maximum width of each pier shall be eight feet. c. No float shall have more than 100 square feet of surface area. d. 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. ~ 6. 7. e. No pier. including finger pier. moorage. float. or over water structure or device, shall be wider than 25 percent of the lot with which it is associated. Mooraf!e 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. b. No pile shall be placed more than 80 feet waterward of the ordinary high water mark. c. 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: a. No portion of a launching ramp or lift station shall be placed more than 60 feet waterward of the ordinary high water mark. b. 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. c. 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 not permitted. d. 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. b. No portion of a float shall be placed more than 36 feet waterward of the ordinary high water mark. c. Retrieval lines shall not float at or near the surface of the water. -35- d. No float shall have more than 100 square feet of surface area. Sec. 18-XXX.XX. Office and commercial development. Office development may be allowed in the urban environment subject to the requirements ofthis chapter. provided: .L The office or commercial use or activity is permitted in the underlying zoning classification. 2. Office and commercial development shall maintain a shoreline setback of 50 feet from the ordinary high water mark. The setback may be reduced to 25 feet if on- site public access is provided to the shoreline. If the office or commercial development is proposed on shorelines that include one or more sensitive areas. as defined in 18.28. such development shall maintain setbacks in accordance with regulations and procedures set forth in chapter 22. Article XIV. ¿ Piers. moorages. floats. and launching facilities will not be permitted in coni unction with office or commercial development: unless they are developed as part of on-site public access to the shoreline. Sec. 18-XXX.XX. Shoreline protection. -36- 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)(iìi) 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 Wav shoreline master program and must find that: a. Erosion from waves or currents presents a clear an imminent threat to a legally established residence. one or more substantial accessory structures. or public improvements: 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 d. 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. 2. A shoreline protection project replacing an existing bulkhead shall be placed along the same alignment 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. b. 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. c. Beach nourishment and bioengineered erosion control projects mav 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. .1. 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. a. 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. b. 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. c. Groins are permitted only as part of a public beach management program. Jetties and breakwaters are not permitted. -37- Sec. 18-XXX.XX. Recreation. Recreational development may be permitted in the urban environment subject to the general requirements of this chapter. provided: -38- L The recreational development is permitted in the underlying zone. 2. Swimming areas shall be separated from boat launch areas. .1 The development of underwater sites for sport diving shall not: a. Take place at depths of greater than 80 feet. b. Constitute a navigational hazard. c. Be located in areas where the normal waterborne traffic would constitute a hazard to those people who mav use such a site. 4. The construction of swimming facilities. piers. moorages. floats. and launching facilities below the ordinary high water mark shall be governed by the regulations of section 18.xXX-XX of this chapter. ~ Public boat launching facilities may be developed. provided: a. The traffic generated by such a facilitv can be safely and conveniently handled by the streets serving the proposed facility. b. The facility will not be located on a Class I beach. 6. Upland facilities constructed in conjunction with a recreational development shall be setback and/or sited to avoid contamination ofthe shorelines of the city. 7. Public pedestrian and bicycle pathways shall be permitted adjacent to water bodies. 8. Public contact with unique and fragile areas shall be permitted where it is possible without destroying the natural character of the area. 9. Water viewing. nature study. recording. and viewing shall be accommodated bv space. platforms. benches. or shelter consistent with public safety and security. Sec. 18-XXX. Rural environment. Sec. 18-XXX.XX. 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-XXX.XX. Desienation criteria. Designation criteria for the rural environment shall be: .L Shorelines of the citv used or designated for residential development at a density of three units per acre or less. 2. Shorelines of the citv develo:ped 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-XXX.XX. General requirements. The general requirements for development within a rural environment shall be the same as those for the urban environment section 18.172.03. Sec. 18-XXX.XX. Residential development. Single family residential development may be permitted in the rural environment subject to the general requirements of the residential provisions of section 18.172.04 of the urban environment. Sec. 18-XXX.XX. Residential piers. mooraee. or launchine facilities. Piers. moorages, floats, or launching facilities mav be permitted accessory to a single family residence in accordance with sections 18.172.05 and 18.172.06 of the urban environment. -39- Sec. 18~XXX.XX. 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: a. 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. .1. All lots are served by an approved sewage disposal system. 4. All lots are served by paved streets. ~ All lots have a minimum width of 100 feet. 2. 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-XXX.XX. Utilities. Utility facilities may be permitted in the rural environment subject to the utilities requirements ofthe urban environment and the general requirements ofthis chapter. Sec. 18-XXX.XX. Shoreline protection. Shoreline Dfotection may be permitted in the rural environment subject to the shoreline protection provisions of section 18.172.08 of the urban environment. Sec. 18-XXX.XX. Recreation. Recreational development may be permitted in the rural environment subject to the general requirements of this chapter and the recreation provisions section 18.XXX of the urban environment. -40- Sec. I8-XXX. Conservancy environment. Sec. 18-XXX.XX. 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-XXX.XX. Desienation 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. ~ Shoreline areas which are free from extensive development. 4. Shoreline areas of high scenic value. Sec. 18-XXX.XX. General requirements. The general requirements for development within a conservancy environment shall be the same as those for the urban environment. section 18.172.03. Sec. I8-XXX.XX. 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.XXX ofthe urban environment. 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 facility provisions of section 18- xxx XX of the urban environment: provided no such authorized structure shall be located within 200 feet of any other structure. -41- Sec. 18-XXX.XX. 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.xXX and 18.xXX of the urban environment: provided no such authorized structure shall be located within 200 feet of any other structure. Sec. 18-XXX.XX. 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. ~ All lots are served by an approved sewage disposal system. 4. All lots are served by paved streets. ~ All lots have a minimum width of 100 feet. 2. Any lot located wholly or partiallv within the shorelines of the city shall be subject to the substandard lot provisions of chapter 22. Article IV. ¿ Submerged land within the boundaries of any waterfront parcel shall not be used to compute lot area. lot dimensions. yards. open space. or other similar required conditions of land subdivision or development. Sec. 18-XXX.XX. Utilities. Utility facilities may be permitted in the conservancy environment subject to the utilities requirements ofthe urban environment and the general requirements of this chapter. Sec. 18-XXX.XX. Shoreline protection. Shoreline protection may be permitted in the conservancy environment subject to the shoreline protection provisions section 18.xXX of the urban environment. Sec. 18-XXX.XX. Recreation. Recreational development may be permitted in the conservancy environment subject to the general requirements of this chapter and the recreation provisions section 18.XXX ofthe urban environment. -42- Sec. I8-XXX. Natural environment. Sec. I8-XXX.XX. 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 tvpes of uses permitted so as to maintain the integrity of the natural environment. Sec. 18-XXX.XX. Desi~nation 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 ecosvstem 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. 6. 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. b. 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. c. d. Sec. I8-XXX.XX. 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 XXX.XX. 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: -43- 1" 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-XXX.XX. Residential piers. mooraee. or launchin~ facilities. Piers, moorages. floats. or launching shall not be permitted in a natural environment. Sec. 18-XXX.XX. Subdivisions. 1" The minimum required area in the natural environment shall be five acres. 2. The minimum required lot width in the natural environment shall be 330 feet. ~ 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-XXX.XX. Shoreline protection. Shoreline protection shall not be permitted in the natural environment. Sec. 18-XXX.XX. Recreation. Recreational development may be permitted in the natural environment subject to the general requirements of this chapter. provided: -44- 1" 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. 2. The construction of indoor swimming pools, gyms. and other indoor recreational facilities is prohibited. ~ Piers. moorages. floats. or launching facilities constructed in conjunction with recreational development shall not be permitted, except that floating walkways or other similar over water pedestrian structures facilitating access to observation points or viewing areas may be permitted. Sec. 18-164. 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. 18-165. 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. 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; (2) 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; (3) That the design ofthe project will be compatible with other permitted activities in -45- the area and will not cause adverse effects to adjacent properties or the shoreline environment; (4) 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; (5) That the public interest will suffer no substantial detrimental effect; (6) 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 (7) 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. 18-167. 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 ofRCW 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 V, section 22-476 et seq., and the city council shall be the final approval authority. (c) Conditional uses have unique and special characteristics which require a special degree of control to make the uses compatible with other existing or permitted uses in the same environment, and to assure that the use is in the public interest. In authorizing a conditional use permit, special conditions may be attached to the permit by the city council to prevent undesirable effects or mitigate environmental impacts of the proposed use. (d) Conditional use permits shall be authorized only when they are consistent with the following criteria: -46- (1) (2) (3) (4) (5) The proposed use is consistent with the policies ofRCW 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 ofthe 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. 18-168. 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 ecology that the review period has been completed. (Ord. No. 90-38, § 1(24.80.10,24.80.20),2-27-90) -47- Sec. 18-169. 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. 18-170. Alteration or reconstruction of nonconforming use or development. (a) Applications for substantial development or building permits to modify a nonconforming use or development may be approved only if: (1) The modifications will make the use or development less nonconforming; or (2) The modifications will not make the use or development more nonconforming. (b) A use or development, not conforming to existing regulations, which is destroyed, deteriorated, or damaged more than 75 percent of its fair market value may be reconstructed only consistent with regulations set forth in this article. (Ord. No. 90-38, § 1(24.100),2-27-90) -48- CITY OF FEDERAL WAY Planning Commission DATE March 24, 1998 APPLICANT City of Federal Way PROPOSED ACTION Text Amendments to Chapter 18, Article III, City of Federal Way (Shoreline Management Master Program) STAFF REPRESENTATIVE Don Largen, AICP Planning Consultant McConnell/Burke, Inc. STAFF RECOMMENDATION Staff recommends that the Planning Commission use this report as basis upon which the Commission develops a recommendation of proposed Shoreline Management Master Program amendments for City Council consideration. I. INTRODUCTION Several items have been identified and prioritized by the City Council for completion during its 1997 Planning Commission work program. One of these tasks is a review and update of the City's Shoreline Management Master Program (SMMP). The scope of the review is to update the SMMP relative to the following items: 1. Whether the current designation of shoreline environments is still appropriate. 2. Eliminating those portions of the SMMP that are not applicable to Federal Way's shorelines. . 3. Updating the SMMP relative to amendments to the State Shoreline Management Act. 4. Updating the SMMP to reflect requirements in ESHB 1724 Regulatory Reform. 5. Relating the SMMP to the Comprehensive Plan under GMA. 6. Updating the supporting development regulations. II. BACKGROUND The SMMP is the document, along with supporting development regulations, which controls development within 200 feet of a regulated shoreline. The City of Federal Way adopted its I èurrent SMMP in February, 1990 at the same time as the City's incorporation. Since the City was in the process of incorporating at that time and having to meet the requirements of the Growth Management Act, the King County SMMP and supporting development regulations were adopted by reference in order to comply with the State Shoreline Management Act. This was a reasonable choice since much of the City's shoreline was developed under the County's regulations. The King County SMMP contains policies and regulations for a much broader range of land uses and activities than are found or allowed on Federal Way's shorelines. Examples would be forest practices and industrial uses. Other policies and regulations may not be specific enough to the City's shorelines since the King County SMMP was written for a greater variety of shoreline uses and environments. . The King County SMMP had also not been updated for some time. Since the City's adoption of the SMMP there have been several changes to the State Shoreline Management Act relative to permit process, clarification of language used in the Act, and the relationship to other planning processes. These updates do not dramatically change the Act, but they do need to be reflected in the City's SMMP. The shorelines in the City that are regulated under the SMMP are those along Puget Sound, all of Steel Lake, and those portions of North Lake and Lake Kilarney that are located within the City's boundaries. The land uses along the Puget Sound shoreline consist of parks and single family residential development. Steel Lake's shoreline is developed as single family residences, with the exception of a multiple family development at the west end of the lake and a portion of Steel lake Park. The North Lake shoreline is adjacent to the Weyerhaeuser corporate headquarters, which is zoned CP-l (Corporate Park). Land along the Lake Kilamey shoreline is zoned OP-l (Office Park 1), with a small portion of single family residential and a park. III. PROVISIONS NOT ApPLICABLE TO THE CITY The Federal Way shorelines are developed primarily in residential and recreational uses', with limited commercial development on two of the lakes. The SMMP contains a number of chapters and sections that deal with issues and policies for land uses that do not occur on the City's shorelines. Therefore, these sections can be removed. The table of contents of the attached draft SMMP depicts the uses or activities that do not occur or that are not allowed on the City's shorelines by a strike through. The attached draft of the SMMP also contains edits to the document so that the text containing descriptions and policies is updated specific to Federal Way. They are also indicated with a strike through or an underline. The regulations that implement the SMMP also contain provisions for uses and activities that are not applicable to the City's shorelines. The provisions pertaining to those uses and issues deleted from the SMMP may also be removed from the City's shoreline regulations. IV. SHORELINE ENVIRONMENT DESIGNATIONS The existing SMMP designates four shoreline environments: Urban, Rural, Conservancy, and Natural. Each environment category includes: (1) a definition describing the development, use 2 'and/or features which characterize the area, (2) a purpose which clarifies the meaning and intent of the designation, and (3) general policies designed to regulate use and development consistent with the character of the designated environment. We have reviewed these designations and their locations on the City's shorelines to determine if they are still appropriate. A. URBAN ENVIRONMENT The Urban Environment is an area of high intensity land use including residential, commercial, and recreational development. This Environment is particularly suitable to those areas presently subjected to extremely intensive use pressure, as well as areas planned to accommodate urban expansion, and areas currently in urban use. The Urban Environment designation includes two sections of the Puget Sound shoreline, all of the shoreline around Steel Lake, the Lake Kilarney shoreline that is within the City, and approximately half of the North Lake shoreline that is in the City. The areas designated as Urban are all characterized by urban uses, either single family residential, multiple family residential, office uses, or parks. The underlying zoning also allows for these uses and densities. Therefore, it appears that the sections of the City's shoreline designated as Urban Environments are appropriate and do not require a different designation. B. RURAL ENVIRONMENT The purpose of designating the Rural Environment is to preserve agricultural land, restrict intensive development along undeveloped shorelines, function as a buffer between urban areas, and maintain open spaces and opportunities for recreational uses within the ecological carrying capacity of the land and water resource. New developments in a Rural Environment should reflect the character of the surrounding area by limiting density, providing permanent open space and by maintaining adequate building setbacks from water to prevent shoreline resources from being destroyed for other of uses. Currently, the Rural designation exists for three sections of the Puget Sound shoreline. These areas are developed with single family residences at urban densities. The exception to this pattern of development is the Dumas Bay Center. The development regulations for the Rural designation are basically the same as for the Urban designation, with the exception of allowed densities. Most of these sections of the shoreline are also zoned for single family residential development at densities higher than that specified in the Rural designation. C. CONSERVANCY ENVIRONMENT The Conservancy Environment consists of shoreline areas which are generally free from intensive development. It is the most suitable designation for shoreline areas of high scenic or historical values, parks and recreation, and for areas unsuitable for development due to sensitive areas. The Conservancy designation occurs at Dash Point State Park, properties along Dash Point itself, the undeveloped Poverty Bay Park, a residential section of the Puget Sound shoreline towards the north end of the City, and approximately one-half of the North Lake"shoreline that is in the City. The Conservancy designation for the two park sites is clearly appropriate. This designation also 3 åppears appropriate due to the presence of steep slopes in those two sections of the Puget Sound shoreline. The North Lake shoreline is partially developed with Weyerhauser corporate offices. The underlying zoning for this portion of the North lake shoreline is Office Park (OP) and only permits office type development. As a result, the shoreline for this area of the lake might be more appropriately changed to an Urban designation. D. NATURAL ENVIRONMENT The Natural Environment consists of areas characterized by the presence of some unique natural features considered valuable in their undisturbed or original condition and which are relatively intolerant of intensive human use. Such areas should be essentially free from development or be capable of being easily restored to natural condition, and they should be large enough to protect the value of the resource. The only Natural Environment designated in the City is on the Puget Sound shoreline at Dumas Bay Park. This is a short section of shoreline that has been left in an essentially unaltered state. Therefore, this appears to be an appropriate designation for this location. v. DEVELOPMENT REGULATIONS The City's Municipal Code Chapter 18, Article III Shoreline Management adopts the King County shoreline management regulations by reference. These regulations are referenced as King County Code Title 25 Shoreline Management and include the following chapters: 25.04 Purpose - Title - Scope 25.08 Definitions 25.12 Environment Designations 25.16 Urban Environment 25.20 Rural Environment 25.24 Conservancy Environment 25.28 Natural Environment These chapters, as amended by the recommendations within this section, should be incorporated into Chapter 18, Article III and numbered accordingly. Each of the above King County chapters is discussed below. Appendix B contains the full edited text of the updated shoreline development regulations. 25.04 Purpose - Title - Scope The existing Sections 18-161 and 18-163 of the City's Shoreline Management regulations address the issues of purpose and authority, and jurisdiction. They essentially cover the same regulatory intent as those in King County 25.04. This chapter of the King County code can be deleted. 25.08 Definitions The King County shoreline code contains sixty-five definitions. Approximately half of these definitions are either common to the City's overall Municipal Code (e.g. height, Department, nonconforming use) or that pertain to items that are not applicable to the City's shorelines. These 4 'definitions can be deleted, leaving thirty-two definitions to be incorporated into Chapter 18, Article Ill. 25.12 Environment Designations This chapter outlines the purpose and establishes the adopted shoreline environment designations. This chapter is edited to be specific to Federal way. 25.16 Urban Environment This chapter specifies allowed uses and activities within the Urban Environment designation and their associated development conditions. As with the SMMP as a whole, this chapter includes uses and activities that are either not allowed due to underlying zoning or that~ not occur on the City's shorelines. The following sections may be deleted from this chapter: Agricultural Practices Aquatic Resource Practices Forest Management Practices Industrial Development Commercial A new section has been added to reflect the allowed Office zoning district adjacent to North Lake. The rest of the section has been edited to be specific to Federal Way 25.20 Rural Environment 25.24 Conservancy Environment 25.28 Natural Environment These sections have been similarly edited to reflect the policies and uses in a similar manner as with the Urban Environment. VI. SHORELINE MANAGEMENT ACT AMENDMENTS In 1996 the State Shoreline Management Act (SMA) was amended to clarify several provisions relating to developments exempt from shoreline permits, remove language that was in conflict with the Growth Management Act, and to clarify permit processes. (Note: more extensive amendments to the SMA were anticipated in 1997, however, the State legislature remanded the proposed amendments back to Department of Ecology staff for further consideration). The Washington Administrative Code (W AC) 173-27 establishes the rules and procedures for processing shoreline permits, including what type of developments are exempt from the shoreline permit requirement. Note that the SMA procedural amendments have been given a new chapter number. All references in the City's codes that reference WAC 173-14 should be amended to reference WAC 173-27. Development on the City's shorelines is regulated through the Shoreline Substantial Development Permit (SDP) process. If not specified as exempt in the WAC, projects will usually require a shoreline permit if they cost more than $2,500 or involve grading in excess of 5 250 cubic yards of material. The exception is for residential piers on fresh water, which have a dollar threshold of $10,000. Single family homes built by the landowners for their own residence are generally exempt from the permit requirement. A single family home also includes those structures and developments that are considered a normal appurtenance. The SMA identifies garages decks, driveways, utilities, fences, septic tanks and drainfields as normal appurtenances, but it also gives the local jurisdiction the authority to add other items. The SMA also identifies grading less than 250 cubic yards as a normal appurtenance to a single family home. However, in many cases a single family home will require greater than 250 cubic yards of grading, which includes any importing, exporting, and onsite movement of material. This apparent conflict in the SMA has been clarified by Department of Ecology staff: as long as the dirt being moved is a result of excavation necessary for such things as the footings, foundations, or retaining walls of a residence and the excavated material is being removed from the regulated shoreline area, then the development of a single family home is exempt from the permit requirement. The City's SMMP should include this clarification and have it reflected in the supporting development regulations. VII. ESHB 1724 - REGULA TORY REFORM As mentioned above, additional amendments to the SMA were anticipated in 1997, many of which were intended to respond to the legislative requirements of ESHB 1724 Regulatory Reform. Since that did not occur the items specific to ESHB 1724 are few. The City adopted provisions to enact ESHB 1724 last year which specify permit process procedures and requirements. The one item that should be included is that the appeal period for appealing a decision on a shoreline permit has been changed from 30 days to 21 days. VIII. GMA Under the Growth Management Act the goals and policies of a shoreline master program are considered as an element of the City's comprehensive plan. This update of the SMMP has been reviewed relative to land use and shoreline policies of the comprehensive plan and it appears that the revisions and updates are consistent with the plan. It is not required that the SMMP be incorporated directly into the comprehensive plan; a simple reference to the SMMP is sufficient. It should also be noted that the adoption process for an updated SMMP is separate from the comprehensive plan amendment process. 6 CITY OF - 8_- ED~ ~~ AY'" DA TE: May 28, 1998 TO: Phil Watkins, Chair Land U se/Transportation committe~t \ Jeff Pratt, Surface Water Manager '\$)~ FROM: SUBJECT: South 356th Regional Stonn Water Control Facility - Final Project Acceptance Background: Attached please find the May 13, 1997 memo entitled So 356th Regional Storm Water Control Facility - Bid A ward. This memo was presented to the committee as part of a request for permission to award the referenced project. The low project bid was $1,738,701.47 from Porter Brother Construction, Inc.(PBC Inc.). The Committee also approved a requested 10% construction contingency in the amount of $173,870.15 for a total approved contract budget of $1,912,571.62. The project has been completed and the contractor is now requesting release of the retainage associated with the project. Prior to release of retainage on a Public Works project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The final construction cost for the So 356th Regional Storm Water Control Facility project, is $1,741,561.39; $171,010.23 below the approved construction contract budget of $1,912,571.62. An overview of the ending project balance follows: Project Costs: Project Design $204,727 Property acquisition $1,189,455 Project Construction Construction Cost (PBC Inc.) Construction Management Underground Utility Conversion $1,741,561 $ 145,633 $ 120,000 Total Project Cost: $3,401,376 Project Appropriation: $3,576,753* Ending Project Balance: $175,377 * This amowlt includes $717,()()(},()(} contributed toward the project by WDOT as part of a joint venture to provide storm water quality and quantity control for their SR161 improvements and $284.830 approved budget increase. Recommendation: Staff recommends that the following item be placed on the June 7, 1998 Council Consent Agenda for approval: 1. Final acceptance of the completed So 356th Regional Storm Water Control Facility, constructed by Porter Brother Construction, Inc. K:ILUTCIS356TIlRS.WPD DATE: May 28, 1998 TO: Phil Watkins, Chair Land Use/Transportation Committee ~\ Jeff Pratt, Surface Water Manager ~\~ SeaTac Phase I (Belmor) RFB98-107 - Authority to Award Bid FROM: SUBJECT: Background: On May 28, 1998, the City received four bids on the referenced project. The low-bid contractor for this project is Stan Palmer Construction, Inc., with a total bid amount of $1,426,937.56. This bid amount is 28 % lower than the average bid of the next three lowest bidders combined, and 0.23 % higher than the engineer's estimated construction cost for this project (see attached bid tabulation) . Based on the reference checks completed by CH2M HILL, Inc., the City's Design Consultant on this project and by City staff, there is no known reason why this low bidder should not be able to successfully complete this project to the City's satisfaction. The project budget status is as follows: Design $ 195,900.00 Acquisition $47,000.00 Construction Management $ 214,700.00 Construction $1,569,631.31 * $2,027,231.31 Total Project Costs Council Authorized Budget $1,853,356.00 Costs - Budget $ 173,875.31 * Includes 10% contingency The estimated project shortfall ($173,875.31) is due to a two year construction delay and includes the 10% construction contingency in the amount of $142,693.56. Recommendations: Staff recommends that the project budget be amended by a budget increase in the amount of $173,875.31. Staff recommends the award of this project to the lowest responsive, responsible bidder, Stan Palmer Construction, Inc., in the amount of $1,426,937.56 and that a 10% construction contingency totaling $142, 693.75 be established for the project. In addition, staff recommends that this matter be placed on the June 16, 1998 City Council meeting consent agenda for their consideration. K:\LUTC\BELMORBLWPD Bid Tabulation "RFB 98-107" South 324th to South 336th Trunk Storm Drainage and Belmor Regional Storage Facility Improvements Project I 110 1 1"""- ~~C:i and Sans, Inc. 114 Vendor Name -> Stan Palmer COnstruction, In Pivetta Brothers COnstructJan Gary Merlino Construction C ENGINEER'S ESTIMATE location -> Item Amount Price Total Price Total Price Total Price Total Price Total 1 Surveying 1 12,000.00 12,000.00 21,500.00 21,500.00 19,000.00 19,000.00 25,000.00 25,000.00 10,700.00 10,700.00 2 ;:orce Account 25000 1.00 25,000.00 1.00 25,000.00 1.00 25,000.00 1.00 25,00000 1.00 25,000.00 3 Mobilization 1 114,000.00 114,000.00 130,000.00 130,000.00 120,000.00 120,000.00 190,000.00 190,000 00 119,000.00 119,000.00 4 Clearing and Grubbing 1 30,000.00 30,000.00 15,000.00 15,000.00 44,200.00 44,200.00 50,000.00 50,000.00 3,116.70 3,116.70 5 Removal 01 Structure and Obs 1 7,000.00 7,000.00 9,000.00 9,000.00 6,100.00 6,100.00 10,000.00 10,000.00 2,717.80 2,717.80 6 Excavation Inc. Haul 21114 11.00 232,254.00 9.75 205,861.50 13.50 285,039.00 18.00 380,052.00 5.36 113,171.04 7 Embankment Compaction 2103 5.00 10,515.00 15.00 31,545.00 2.20 4,626.60 5.00 10,515.00 1.21 2,544.63 8 Benton~e Amended Backfill 1300 10.00 13,000.00 8.75 11,375.00 17.00 22,100.00 50.00 65,000.00 21.40 27,820.00 9 Benton~e Seal 975 24.00 23,400.00 20.00 19,500.00 28.00 27,300.00 75.00 73,125.00 42.80 41,730.00 10 Trench Stabilization Material 576 25.00 14,400.00 13.50 7,776.00 23.00 13,248.00 35.00 20,160.00 16.05 9,244.80 11 Streambed Gravel 124 40.00 4,960.00 23.50 2,914.00 54.00 6,696.00 50.00 6,200.00 64.20 7,960.80 12 Training Stones 103 50.00 5,150.00 66.00 6,798.00 75.00 7,725.00 75.00 7,725.00 32.10 3,306.30 13 Drain Gravel 26 30.00 780.00 13.50 351.00 50.00 1 ,300. 00 30.00 780.00 12.84 333.84 14 light loose Riprap 812 30.00 24,360.00 18.50 15,022.00 33.00 26,796.00 30.00 24,360.00 21.40 17,376.80 15 Quarry Spalls 526 27.00 14,202.00 15.50 8,153.00 35.00 18,410.00 30.00 15,780.00 21.40 11,256.40 16 Crushed Surfacing Top Cams 439 20.00 8,780.00 15.00 6,585.00 37.00 16,243.00 20.00 8,780.00 14.45 6,343.85 17 Crushed Surfacing Base COur 2033 20.00 40,660.00 15.00 30,495.00 23.70 48,182.10 20.00 40,660.00 14.45 29,376.85 18 Structure Excavation Class B i 11529 4.00 46,116.00 8.75 100,878.75 5.30 61,103.70 18.00 207,522.00 3.65 42,060.85 19 Controlled Density Fill (CDF) 135 65.00 8,775.00 55.00 7,425.00 140.00 18,900.00 100.00 13,500.00 80.25 10,833.75 20 Aspha~ Canst. Pavement CI. 104 100.00 10,400.00 110.00 11,440.00 120.00 12,480.00 100.00 10,400.00 64.20 6,676.80 21 Belmor Outlet Control Structur 1 40,000.00 40,000.00 46,075.00 46,075.00 37,500.00 37,500.00 40,000.00 40,000.00 30,281.00 30,281.00 22 Concrete Headwall 1 18,000.00 18,000.00 6,500.00 6,500.00 14,000.00 14,000.00 10,000.00 10,000.00 7,939.40 7,939.40 23 Plain 51. Culv. Pipe Arch 0.161 18 700.00 12,600.00 622:00 11,196.00 730.00 13,140.00 750.00 13,500.00 428.00 7,704.00 24 Precast Concrete Vau~ 6 It - 1 1 15,000.00 15,000.00 24,850.00 24,850.00 25,500.00 25,500.00 15,000.00 15,000.00 18,832.00 18,832.00 25 Gabien Cribbing 37 150.00 5,550.00 121.00 4,477.00 150.00 5,550.00 150.00 5,550.00 107.00 3,959.00 26 Underdraln Pipe 41n. Dlam. 160 10.00 1,600.00 12.50 2,000.00 21.00 3,360.00 8.00 1,280.00 8.23 1,316.80 27 Underdrain Pipe 6 In Dlam. 135 25.00 3,375.00 15.75 2,126.25 25.00 3,375.00 8.00 1,080.00 12.17 1,642.95 28 Drain Pipe 4 In. Dlam 50 10.00 500.00 13.00 650.00 35.00 1,750.00 8.00 400.00 6.42 321.00 29 Drain Pipe 61n. Dlam 25 12.00 300.00 16.25 406.25 60.00 1, 500 . 00 8.00 200.00 9.63 240.75 30 Dfaln Pipe 8 In. Dlam 22 14.00 308.00 17.00 374.00 100.00 2,200.00 20.00 440.00 10.70 235.40 31 Drain Stann Sewer 12" 10 20.00 200.00 19.00 190.00 150.00 1 , 500 . 00 50.00 500.00 69.55 695.50 32 Drain Stann Sewer 18" 300 25.00 7,500.00 40.00 12,000.00 43.00 12,900.00 40.00 12,000.00 23.75 7,125.00 33 Class IV Stann Sewer 24" 112 60.00 6,720.00 48.25 5,404.00 100.00 11,200.00 100.00 11,200.00 43.81 4,906.72 34 Class IV Storm Sewer 36" 13 150.00 1,950.00 127.00 1,651.00 250.00 3,250.00 180.00 2,340.00 92.70 1,205.10 35 Class IV Storm Sewer 42'" 174 110.00 19,140.00 140.00 24,360.00 140.00 24,360.00 100.00 17,400.00 104.17 18,125.58 36 Class IV Stann Sewer 48" 704 100.00 70,400.00 145.50 102,432.00 163.00 114,752.00 140.00 98,560.00 129.63 91,259.52 37 Class IV Stann Sewer 84" 230 350.00 80,500.00 305.00 70,150.00 430.00 98,900.00 400.00 92,000.00 474.99 109,247.70 38 TR 5 ST. Stann Sewer Pipe ( 14 50.00 700.00 119.00 1,666.00 400.00 5,600.00 250.00 3,500.00 80.47 1,126.58 39 Schedule 40 PVC 61n. Diam., 330 22.00 7,260.00 25.00 8,250.00 47.00 15,510.00 20.00 6,600.00 20.87 6,887.10 40.1 Electrical Condu~ 21n. Dlam. 60 25.00 1,500.00 4.50 270.00 15.00 900 . 00 8.00 480.00 11.73 703.80 40.2 Electrical COndu~ 4 In. Dlam. 2060 4.00 8,240.00 8.00 16,480.00 8.50 17,510.00 8.00 16,480.00 14.66 30,199.60 41 Yard Drain 6 100.00 600.00 350.00 2,100.00 320.00 1,920.00 600.00 3,600.00 53.50 321.00 ~ Catch Basin Type I 1 700.00 700.00 750.00 750.00 1 , 000 . 00 1,000.00 1,00000 1,000.00 1,177.00 1,177.00 j Manhole 48 In. Dlam. Type I 1 1,600.00 1,600.00 1,600.00 1,600.00 2,500.00 2,500.00 2,000.00 2,000.00 2,140.00 2,140.00 44 Manhole 72 In. Dlam. Type 3 2 3,000.00 6,000.00 2,500.00 5,000.00 4,700.00 9,400.00 2,500.00 5,000.00 5,029.00 10,058.00 45 CB 12 to 20Ft 108 In Diam. 1 8,000.00 8,000.00 9,100.00 9,100.00 12,600.00 12,600.00 7,500.00 7,500.00 7,918.00 7,918.00 46 Manhole 84 In. Dlam. Type 3 1 6,200.00 6,200.00 8,000.00 8,000.00 11,300.00 11,300.00 7,500.00 7,500.00 6,955.00 6,955.00 47 Catch Basin 102 In. Type 2 1 11,000.00 11 ,000. 00 13,850.00 13,850.00 17,500.00 17,500.00 15,000.00 15,000.00 10,593.00 10,593.00 48 Manhole 102 In. Dlam. Type 3 1 7,800.00 7,800.00 11,100.00 11,100.00 15,700.00 15,700.00 15,000.00 15,000.00 10,593.00 10,593.00 49 Manhole 132 In. Dlam. Type 3 1 14,000.00 14,000.00 17,620.00 17,620.00 28,800.00 28,800.00 20,000.00 20,000.00 14,017.00 14,017.00 50 Adjust Catch Basin 1 200.00 200.00 200.00 200.00 300.00 300.00 250.00 250.00 535.00 535.00 51 Adjust Manhole 2 200.00 400.00 175.00 350.00 500.00 1,000.00 250.00 500.00 642.00 1,284.00 52 Commercial Concrete 2 700.00 1,400.00 75.00 150.00 1 ,000. 00 2,000.00 500 . 00 1 ,000. 00 214.00 428.00 53 Sluice Gates 1 3,500.00 3,500.00 4,146.00 4,146.00 6,200.00 6,200.00 3,000.00 3,000.00 4,280.00 4,280.00 54 Topsoil Type A 11 25.00 275.00 20.00 220.00 62.00 682.00 30.00 330.00 26.75 294.25 55 Topsoil Type B 1227 6.00 7,362.00 20.00 24,540.00 23.00 28,221.00 15.00 18,405.00 7.49 9,190.23 56 Seeding, Fertilizing, Mulching 61157 0.06 3,669.42 0.25 15,289.25 0.10 6,115.70 0.15 9,173.55 0.08 4,892.56 57 Temporary Erasion and Sedim 1 5,000.00 5,000.00 5,000.00 5,000.00 28,300.00 28,300.00 10,000.00 10,000.00 19,828.60 19,828.60 58 Top Cou"",, 17 40.00 680.00 45.00 255.00 37.50 637.50 50.00 850.00 14.45 245.65 59 Pea Gravel Fi~er Material 8 30.00 240.00 16.00 128.00 250.00 2,000.00 50.00 400.00 21.40 171.20 60 PSIPE Douglas Fir 22 200.00 4,400.00 210.00 4,620.00 180.00 3,960.00 150.00 3,300.00 130.88 2,879.36 61 PSIPE Korean Dogwood 4 360.00 1,440.00 405.00 1,620.00 350.00 1,400.00 300.00 1,200.00 205.71 822.84 62 PSIPE Shrubs & Perennials 1290 10.00 12,900.00 12.00 15,480.00 10.25 13,222.50 19.00 24,510.00 10.55 13,609.50 63 PSIPE English Ivy 6225 3.00 18,675.00 2.90 18,052.50 2.50 15,562.50 3.00 18,675.00 2.88 17,928.00 64 Sod Installatton 756 5.00 3,780.00 5.50 4,158.00 4.75 3,591.00 6.00 4,536.00 11.09 8,384.04 65 Irrigatton System 1 6,000.00 6,000.00 5,750.00 5,750.00 5,000.00 5,000.00 10,000.00 10,000.00 26,750.00 26,750.00 66 Concrete Curb Wall 145 40.00 5,800.00 24.00 3,480.00 47.00 6,815.00 50.00 7,250.00 30.99 4,493.55 67 Extruded Curb 310 4.00 1,240.00 4.00 1,240.00 4.00 1,240.00 5.00 1,550.00 5.35 1,658.50 68 Wood Fence and Gate, 6 Ft f 40 20.00 800.00 46.00 1,840.00 40.00 1,600.00 25.00 1,000.00 21.40 856.00 89 Chain link Fence Type 3 60 10.00 600.00 27.75 1,665.00 25.00 1 ,500. 00 12.00 720.00 16.05 963.00 70 Chain Link Fence Type 6 810 10.00 8,100.00 18.00 14,580.00 15.50 12,555.00 12.00 9,720.00 13.91 11,267.10 71 Single 3 Ft Chain Link Gate 1 200.00 200.00 575.00 575.00 500 . 00 500 . 00 250.00 250.00 267.50 267.50 72 Double 14 Ft Chain Link Gate 2 750.00 1 ,500. 00 863.00 1,726.00 750.00 1 ,500. 00 1,000.00 2,000.00 1,070.00 2,140.00 73 Concrete Patte 240 3.00 720.00 6.60 1,584.00 19.00 4,560.00 15.00 3,600.00 6.09 1,461.60 74 Upper Retaining Wall System 3861 23.00 88,803.00 29.15 112,548.15 26.50 102,316.50 25.00 96,525.00 31.04 119,845.44 75 Lower Retaining Wall System 3616 25.00 90,400.00 9.35 33,809.60 8.50 30,736.00 25.00 90,400.00 27.25 98,536.00 76 Geotextile, Type 1 8800 0.20 1,760.00 0.45 3,960.00 0.30 2,64000 0.25 2,200.00 0.28 2,464.00 77 Geotextile Type 2 10497 0.20 2,099.40 0.50 5,248.50 0.40 4,198.80 0.35 3,673.95 0.19 1,994.43 8001 Stream Restoratton 1 24,000.00 19,150.00 19,150.00 14,375.00 14,375.00 65,000.00 65,000.00 13,812.00 001 Pump Station Complete 1 15,000.00 25,000.00 25,000.00 40,000.00 40,000.00 35,000.00 35,000.00 13,696.00 SUBTOTAL 1,J1O,".><I.",- ~,U->'+,OOf."" 1,,-¡s;j,L><O./b Sales Tax C 8.6% , 1,1~;:E!:E 120,710.61 Hote{1) 141,225.32 174,983.13 , 1,H;:r~~ .. TOTAL 1,0,-4,J,-,-.JO ,/j.; ,.><Iu.ü '-,,-U",b/U.bJ "It. upper l<e13'mng vvall "'y .><10' ,-1.UU "', I.W '"."" 10,44/."U 'o.uu =,.~".uu ¿~.uu "',o¿o.uu 1U1, . !- .AIl Lower Retalnina Wall Svst 3616 21.00 75,936.00 34.10 123,305.60 31.00 112,096.00 25.00 90,400.00 98,553.00 """ ",¡¡¡na ure s¡¡¡ne s, ne sogne< s¡gn= IBid Bond ves ves yes yes !Addendums yes yes yes yes Hote (1) no sales Tax was shown on line Item "E" In Bid Form Date: May 29, 1998 To: Phil Watkins, Chair Land Use and Transportation Committee Jeff Pratt, Surface Water Manage~ Crown Point Storm and Sanitary Sewer Replacement - 30% Report Design Status From: Subject: Background: An 18" corrugated metal storm line serving the Crown Point subdivision separated at an unknown time in the past and was discovered last winter. The damage appears to have been caused by a falling tree on a steep slope. The separation of the storm line allowed water to escape from the system and undermine the storm line down slope of the break as well as a nearby 8-inch ductile iron sanitary sewer line owned by the Lakehaven Utility District. The SWM Division contracted with Landau Associates, Inc. to perform an assessment of the slope's stability, and to provide design services for the repair/replacement of the undermined portion of the storm and sanitary sewer lines. Landau provided the following emergency repair and permanent repair recommendations regarding the storm and sanitary pipe lines and the hillside stabilization: 1) Emergency Repair Recommendations - necessary to preclude the possibility of the sanitary sewer separation and subsequent failure (including the discharge of raw sewage to Cold Creek) as soon as weather permitted: - Reconnect the existing storm sewer pipe using a temporary patch. - Stabilize the sanitary line - Backfill the washout area Total cost of the immediate stabilization emergency repair - $10,425.60. 2) Permanent Repairs - work to be performed this summer which consists of the following: - Replacement of the existing storm line with the same size butt-fused HDPE line; - Replacement of the existing 8-inch sewer line with an 8-inch butt -fused HDPE line. The emergency repairs were completed earlier this year. The permanent repair project design has now reached the 30% completion point and is therefore submitted for your consideration. The project's 30% cost estimate is as follows: Total SWM's cost LUD's cost $11,200 $0.00 $10,425 $0.00 $38,867 $38,867 $60,492 $38,867 Design Immediate Stabilization Emergency Repair Permanent Repair Construction (Includes 20% Contingency) The City's portion of this project cost will be paid by the Surface Water Minor Capital Improvement Program. It is anticipated that the construction of both the storm and sanitary lines will be accomplished under one contract. An interlocal agreement detailing the terms of such an arrangement between the City and Lakehaven was anticipated to be presented as a part of this discussion. However, changes at the District in their plan review procedures and the requirements of the State Department of Ecology may preclude such an arrangement. Design of the Lakehaven portion of the project will be suspended until such time as they come to terms with Ecology on the requirements associated with the sanitary sewer line. Attached for your reference is a location map with the project alignment and footprints. Recommendation: Staff recommends that the Land Useffransportation Committee authorize staff to proceed with design ofthe storm line improvements returning to the committee at the 85% design completion stage for further reports and authorizations. JTP/MS:js Attachments K:\SWMIMIN 0 RCIP\CROWNPO !\LUTC. 30'70 ! I /~ -+-----~ /// I / l,'./ ,I---" '----"' ~ U C I T {____H~{[ T ~) D I ,J / . .' ~c,:f\OU GOÑc;. 'T ... A Lit.-"\. e : I i r .- - : i I I I ~I Iç. I ~ I ~ I I i j i , \% ~ --- -(