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Ord 98-323 ORDINANCE NO. 98-323 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 18 OF THE FEDERAL WAY ZONING CODE, ADOPTING SPECIFIC AMENDMENTS TO THE SHORELINE REGULATIONS AND ADOPTING A SHORELINE MASTER PROGRAM TO INCLUDE IN THE FEDERAL WAY COMPREHENSIVE PLAN AND TO REPLACE THE ADOPTED KING COUNTY ORDINANCE (Title 25). A. WHEREAS amendments to the Federal Way City Code (FWCC) text and Shoreline Master Program Map are authorized pursuant to the authority of the Shoreline Management Act of 1971, RCW Ch 90.58 as amended, and the Shoreline Management Guidelines, WAC Ch 173-14; and B. WHEREAS the Federal Way City Council has considered proposed changes to the FWCC regarding specific shoreline management regulations; and C. WHEREAS the Federal Way City Council, pursuant to FWCC 22-517, having determined the Proposal to be worthy of legislative consideration, referred the Proposal to the Federal Way Planning Commission as a priority item for its review and recommendation; and D. WHEREAS the Federal Way Planning Commission, having considered the Proposal at public hearings during 1998 on April 1 st pursuant to FWCC Section 22-523, and all public notices having been duly given pursuant to FWCC Section 22-528; and ORD # 98-323 , PAGE 1 t~ff2>Y' E. WHEREAS the public was given opportunities to comment on the Proposal during the Planning Commission review; and F. WHEREAS the City of Federal Way SEPA responsible official issued a Declaration of Nonsignificance on April 10, 1998; and G. WHEREAS following the public hearings, the Planning Commission submitted to the Land Use and Transportation Committee of the City Council its recommendation in favor of proposed shoreline text amendments adding sections to the FWCC as noted previously; and H. WHEREAS the Federal Way Land Use and Transportation City Council Committee met on May 27, June 2, August 3, and October 26, 1998 to consider the recommendation of the Planning Commission and has moved to forward the Proposal, with amendments, to the full City Council; and I. WHEREAS there was sufficient opportunity for the public to comment on the Proposal; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY. WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findinas. After full and careful consideration, the City Council of the City of Federal Way makes the following findings with respect to the Proposal and the proposed amendments to the Federal Way City Code ("FWCC"): 1. The Federal Way City Council adopted the Federal Way Comprehensive Plan in order to comply with the State's Growth Management Act; and ORD # 98-323 , PAGE 2 ~ 2. The Federal Way Comprehensive Plan contains policies that call for the adoption of a new Shoreline Management Plan; and 3. The Federal Way SEPA responsible official has issued a Declaration of Nonsignificance on April 1, 1998; and 4. The proposed code amendments would not adversely affect the public health, safety or welfare; and 5. The Planning Commission, following notice thereof as required by RCW 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 ORD# 98-323 , PAGE 3 recreational and natural habitat of the City's shorelines. 2. The Proposal bears a substantial relationship to the public health, safety and welfare because it implements policies aimed at protecting the City's natural environment and promotes site sensitive development. Section 3. Amendment. The Federal Way Zoning Code, Chapter 22, is amended to provide as set forth in Attachment A and; The Federal Way Comprehensive Plan is amended to provide for as set forth in Attachment B and by this reference these Attachments are incorporated therein. Section 4. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in . force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this 1st day of December , 1998. ORD# 98-323 , PAGE 4 CITY OF FEDERAL WAY ¡;(~d~ MAYOR, RONALD L. GINTZ A)~2 r~4~ CITY CLERK, N. GHRISTINE GREEN, CMC APPROVED AS TO FORM: ~y, L~I K :'ND~ FILED WITH THE CITY CLERK: 11/1&/98 PASSED BY THE CITY COUNCIL: 12/01/98 PUBLISHED: 12/4/98 EFFECTIVE DATE: 12/9/98 ORDINANCE NO. 98-323 ORD # 98-323 , PAGE 5 A TT ACHMENT A ARTICLE III. SHORELINE MANAGI':MENT* 'Cross rcfcrcncc(s)--RegulatlOns regardmg structures built over water, § 8-54; requirements for drainage rev\Cw, § 21-87; supplementary zomng d"t"ct regulations, § 22-946 ct seq State law referenee(s)--Shorclme management act, RCW 90.58030. DIVISION I. GENERALLY Sec. I8-161. Purpose and authority. The city adopts these regulation under the authority of the Shoreline Management Act of 1971, RCW ch. 90.58, as amended, and the Shoreline Management Guidelines, WAC ch. 173-14. (Ord No. 90-38, § 1(24.10), 2-27-90) See. 18 162. Shoreline master pragram. (a) The city adopts by reference the following portions of King County Ordinance No. 3692, Shorøline Master Program (goals, objectives aRd policies), ORC copy of which is OR file v,ith the office of the eity clerIc (1) (2) (3) Master program elements. Shoreline eR. ¡ronments. Shoreline use activities (b) The city adopts by refereRce portioRs of the KiRg COURI) Code, Title 25, ShoreliRe Management a3 fello\\s, ORe copy of ""'HicH is OR file ',\itll tlle cil) cleric: (1) (2) (3) ( 1) (5) (G) CHapter 25.01, Purpose, title, scope. CHapter 25.08, DefiRitions. Chapter 25.12, En. ironment designations. Chapter 25.16, UrhaR eRvironment. ClIapter 25.20, Rural envirenment. Chapter 25.21, Conser,'anc) cn ¡ironment. (7) Chapter 25.28, Natural om ironment (Ord. No 90}g, § 1(242('IP, 21'(!20), 2 27 °P) Sec. 18--I4>J 162. Jurisdiction. (a) The provisions of this article shall apply to all development proposed within the areas defined as shorelines in RCW 90 58 0230(2)(d), and shorelines of statewide significance in RCW 90.58.030(2)(e). The approximate location of these shorelines shall be designated on maps maintained by the department of community development; however, the property owner or applicant shall be responsible for determining the exact location of the shoreline when a permit is filed (b) No development shall be undertaken by any person on the shorelines of the state without obtaining a shoreline permit from the department of community development; provided, that a permit shall not be required for development exempted from the definition of substantial development in WAC 173-27-040 and for developments exempted by RCW 90.58.140(9) and (10). (Ord No. 90-38, § 1(24.30 10, 243020), 2-27-90) Sec. 18-163. Additional definitions. Unless otherwise defined in this chapter the definitions contained in this chapter Chapter 22 RCW Chapter 90.58 and WAC 173-26 shall applv 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 vublic access means: .L Actual phvsical 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 waterbodv such access being specifically provided for in the development of the site . Avera!!e £[rade level means the average of the natural or existing topography at the center of all exterior walls of a building or structure to be placed on a site provided. that in the case of structures to be built over water average grade level shall be the elevation or ordinary high water Backshore means a berm. together with associated marshes or meadows on marine shores landward of the ordinary high water mark which is normal above high tide level and has been gradually built UP by accretion Reach feedil1!! means landfill deposited on land. or in the water, to be distributed bv -2- natural water processes for the purpose of supplementing beach material Ham 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 normallv stable because of material size or ve~etation. Hreakwa/a means an off-shore structure either floating or not which may or mav not be connected to the shore. such structure being designated to absorb and/or reflect back into the water bodv the energy of the waves. Hulkhead means a solid or open pile of rock. concrete steel timber other materials. or a combination of these materials erected generally parallel to and near the ordinary high water mark for the purpose of protecting adiacent shorelands and uplands from waves or currents. Class I beach means a beach or shore having dependable geologicallv full v developed and normally dry backshore above high tide Class II beach means a beach or shore having onlv marginally geologically partiallv developed. and not dependably dry backshore above high tide Class 111 beach means a beach or shore having no dry backshore available at high tide. Environmen/ or mas/er vroV'am environmen/ or shoreline environment means the categories of shorelines of the state established bv the City of Federal Wav shoreline management master program to differentiate between areas whose features imply differing objectives regarding their use and future development. Floa/ means a structure or device which is not a breakwater and which is moored. anchored or otherwise secured in the waters of Federal Wav 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. ie/tv means an artificial barrier used to change the natural littoral drift to protect inlet entrances from clogging bv excess sediment. Ulloral drif/ means the natural movement of sediment along marine or lake shorelines by wave breaker action in response to prevailing winds. Non-wa/er-orien/ed uses means those uses which have little or no relationship to the shoreline and are not considered prioritv uses under the SMA Examples include professional offices automobile sales or repair shops mini-storage facilities multi-family residential development department stores and gas stations. -3- Strin¡:llIIe -"ethack means a straight line drawn between the points on the primary buildings having the greatest projection (including appurtenant structures such as decks) waterward on the two adjacent properties Water-de/Jendent means a use or portion of a use which can not exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations Examples of water dependent uses may include ship cargo terminal loading areas ferry and passenger terminals, barge loading facilities ship building and dry docking, marinas aquaculture float plane facilities and sewer outfalls. Water-en/ovment means a recreational use, or other use facilitating public access to the shoreline as a primary characteristic of the use or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through the location design and operation assures the public's ability to enioy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use the use must be open to the general public and the shoreline oriented space within the proiect must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Primary water-enjoyment uses may include but are not limited to, parks piers and other improvements facilitating public access to shorelines of the state; and general water-enjoyment uses may include. but are not limited to restaurants museums aquariums scientific/ecological reserves resorts and mixed-use commercial. Provided that such uses conform to the above water-enjoyment specifications and the provisions of the master program Water-oriented means any combination of water-dependent water-related, and/or water-enjoyment uses and serves as an all-encompassing definition for priority uses under the SMA. ' Water-related means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic yitality is dependent upon a water-front location because: (a) of a functional requirement for a waterfront location such as the arrival or. shipment of materials by water or the need for large Quantities of water or, (b) the use provides a necessary service supportiye of the water-dep'endent commercial activities and the proximity of the use to its customers makes its services less expensive and/or more convenient. Examples include professional services serving primarily water-dependent activities and storage of water-transported foods. DIVISION 2. SHORELINE REGULA nON Sec. 18-164. Environmental desi!!nations. Sec. 18-164.01. Purpose. -4- The purpose of these designations is to differentiate between areas whose geographical hvdrolo¡¡ical topo¡¡raphical or other features implv differin¡¡ obiectives regardin¡¡ the use and future development of the shorelines of the citv Each environment designation represents a particular emphasis in the tvpe of uses and the extent of development that should occur within it The environmental designation system is desi¡¡ned to encoura¡¡e 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 adverselv impacted Sec. 18-164.02. 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 .L ;L 1... Natural environment. Conservancv environment. Rural environment. Urban environment. Sec. 18-164.03 Limits of environment desi!!nations. Each environment designation shall consist of L The entire water bodv from its centerline or point including all water below the surface. .L The shoreline areas where severe biophvsical constraints such as floodplains steep slopes slide hazard areas and wetlands do not cover the entire associated shoreland. Proposed development in the remaining area mav be permitted consistent with the character of the surrounding land use the phvsical capabilities of the shorelands and applicable citv land use plans and policies. Sec. 18-164.04 Establishment of desi!!nations. L .L The written descriptions of the boundaries of the shoreline environment designations as adopted bv ordinance in the possession of the department shall constitute the official legal descriptions of the boundaries of those environment designations The official maps prepared pursuant to WAC 173-16 and 173.26 in the possession of the department shall constitute the official descriptions of the limits of all shorelands in the Citv of Federal Wav as defined bv RCW 90.58.030 and section 18.163 of this chaPter -5- ;L The department may. from time to time as new or improved information becomes available. modify the official maps described in subsection 2 of this section consistent with state guidelines to more accurately represent. clarify or interpret the true limits of the shorelines defined herein Sec. \8-\64.05. 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 L Boundaries indicated as following railroad lines and transmission lines shall be deemed to follow the centerline of such rights-of-wav or easements unless otherwise specified ;L Where different environmental designations have been given to a tributarv and the main stream at the point of confluence the environmental designation given to the main stream shall extend for a distance of 200 feet UP the tributarv. 1- \n case of uncertainty as to a wetland or environment boundarv. the director of community development services shall determine its exact location pursuant to the criteria of WAC 173-22-055 and RCW 90.58.030 and the provisions of this chapter. Sec. \8-165. Urban environment. Sec. 18-165.01. Purpose. The purpose of designating the urban environment is to ensure oPtimum utilization of the shorelines of the state within urbanized areas by permitting intensive use and by managing development so that it enhances and maintains the shorelines of the state for a multiplicity of urban uses The urban environment is designed to reflect a policy of increasing utilization and efficiency of urban areas. to promote a more intense level of use through redevelopment of areas now under utilized and to encourage multiple use of the shorelines of the city if the maior use is water dependent or water related while at the same time safeguarding the Quality of the environment. Sec. 18-165.02. Desi!!nation criteria. -6- Designation criteria for the urban environment shall be: 1- Shorelines of the city used or designated for office and commercial and high intensity recreational use. L Shorelines of the city of lower intensity use where surrounding land use is urban and urban services are available. 1. :L Shorelines of the citv used or designated for multifamih residential development Shorelines of the citv developed for residential purposes and where surrounding land use is urban and urban services are available 2- Shorelines of the citv to be designated urban environment shall not have biophvsical limitations to development such as floodplains, steep slopes slide hazard areas, and wetlands. Sec. 18-165.03. General ReQuirements. 1- Development waterward of the ordinarv high water mark is prohibited except water dependent recreational uses. £. No structure shall exceed a height of 35 feet above average grade level. This requirement mav be modified if the view of anv neighboring residences will not be obstructed if permitted outright bv the applicable provisions of the underlving zoning and if the proposed development is water related or water dependent 1. All development shall be required to provide adequate surface water retention and sedimentation facilities during the construction period :L Development shall maintain the first 50 feet of propertv abutting a natural environment as required open space. 1. Parking facilities except parking facilities associated with detached single- familv development shall conform to the following minimum conditions iL Parking facilities serving individual buildings on the shoreline shall be located landward from the principal building being served EXCEPT when the parking facilitv is within or beneath the structure and. adequatelv screened or in cases when an alternate location would have less environmental impact on the shoreline. lh Anv outdoor parking area perimeter, excluding entrances and exits must be maintained as a planting area with a minimum width of five feet. £" Parking as a primarv use shall be prohibited over water and within shoreline iurisdiction. >L Parking in shoreline iurisdiction shall directly serye a permitted shoreline use. -7- ~ One live tree with a minimum height of four feet shall be required for each 30 linear feet of planting area [ One live shrub of one-gallon container size, or larger, for each 60 linear inches of planting area shall be required ~ Additional perimeter and interior landscaping of parking areas mav be required, at the discretion of the director when it is necessary to screen parking areas or when large parking areas are proposed. 2... [n addition to anv requirements imposed bv Chapter 21 of this code collection facilities to control and separate contaminants shall be required where storm water runoff from impervious surfaces would degrade or add to the pollution of recipient waters of adjacent properties. L The regulations of this chaPter have been categorized in a number of sections regardless of the categorization of the various regulations all development must comply with all applicable regulations Sec. 18-165.04. Residential development. Single family and multiple family residential development may be permitted in the urban environment subject to the general requirements of Chapter 22 Article XI, Divisions 3 and 4, and the following. -8- .L Single family or multiple family residential development is permitted in the underlying zone classification L Residentia[ development is prohibited waterward of the ordinary high water mark. :L Setbacks. 1h Sini!le famify residential development shall maintain a minimum setback behind the stringline setback or 50 feet from the ordinary high water mark whichever is greater. except in the following cases .L If the property is undeveloped and reasonable use of the property cannot occur without further encroachment of the setback due to physical constraints of the lot then the director of community development services can reduce the setback to the minimum necessary in order to build a single family home but in no case less than 30 feet from the ordinary high water mark L If the property is developed with a single family home beyond ~ the stringline setback or within 50 feet of the ordinary high water mark if there are no adjacent residences then the residence can only be added to if the addition will not make the structure any more nonconforming as to its setback and the height of the addition within the setback area is not increased, or the applicant may request a shoreline variance and conditional use permit ;L If single family residential development is proposed on a lot where properties adiacent to both sides of the lot are developed in single family residences located less than 50 feet from the ordinary high water mark then the proposed residential development may be located the same distance from the ordinary high water mark as the adjacent residences ( using stringline method) or 30 feet from the ordinary high water mark whichever is greater ~ If the residential development is proposed on shorelines that include one or more sensitive areas as defined in Chapter 22 of this code such development shall maintain setbacks in accordance with the regulations and procedures set forth in Article XIV of Chapter 22. Multifamily residelllial development shall maintain a ,etback behind the stringline setback or 75 feet from the ordinary high water mark whichever is greater except in the following cases. L If the property is undeveloped and reasonable use of the property cannot occur without further encroachment of the setback due to physical constraints of the lot then the setback can be reduced to the minimum necessary in order to build a single family home but in no case less than 30 feet of the ordinary high water mark. £. If the property is developed with a single or multifamily structure beyond the stringline setback or within 75 feet of the ordinary high water mark if there are no adjacent single or multifamily structures then the structure can only be added to if the addition will not make the structure any more nonconforming as to its setback and the height of the adition within the structure is not increased or the applicant may request a shoreline variance and conditional use permit. ;L If the residential development is proposed on shorelines that include one or more sensitive areas as defined in Chapter 22 of this code, such development shall maintain setbacks in accordance with regulations and procedures set forth in Article -9- XIV of Chapter 22 'L Residential accessory structures may be placed within the required shoreline setback, provided i!.- No accessory structure except swimming pools shall cover more than 150 square feet ~ No accessory structure shall obstruct the view of the neighboring properties ~ No accessory structure shall exceed eight feet in height. Sec. 18-165.05. Residential piers, moorage, or launching facilities. Conditions. Anv pier moorage float or launching facility authorized bv sections 18.165.04 through 18.165.06 shall be subject to the following conditions: .L Residential piers are prohibited on the Puget Sound shoreline L No dwelling unit may be constructed on a pier. ~ Excavated moorage slips shall not be permitted accessory to single family residences, multifamily development or as common use facilities accessory to subdivisions and short subdivisions 'L No covered pier covered moorage covered float or other covered structure is permitted waterward of the ordinary high water mark. ~ No pier moorage float. or over water structure or device shall be located closer than 15 feet from the side property line extended. except that such structures may abut property lines for the common use of adjacent property owners when mutually agreed to bv the property owners in a contract recorded with Kjng CountY a copy of which must accompany an application for a- building permit or a shoreline permit. such ioint use piers may be permitted UP to twice the surface area allowed bv this title- ~ All piers. moorages floats or other such structures shall float at all times on the surface of the water or shall be of open pile construction provided no portion of the structure shall during the course of the normal fluctuations of the elevation of the water body. protrude more than five feet above the surface of the water Sec. 18-165.06. Residential piers, moora!!e, or launchin!! facilities. Accessorv to residential development. -10- Piers moora~es floats or launchin~ facilities may be permitted accessory to a sin~le family residence multifamily development, or as common LIse facilities associated with a subdivision, in accordance with this chapter and the following limitations 1- L 1- ~ l'r/\'ale silllZ/e residence piers for the sole LIse of the property owner shall not be permitted outright on City of Federal Way shorelines A pier may be allowed when the applicant has demonstrated a need for moorage and has demonstrated that the following alternatives have been investigated and are not ayailable or feasible iL ~ f.. Commercial or marina moorage. Floating moorage buoys. Joint use moorage pier. No more than one pier for each residence is permitted. On lots with less than 50 feet of waterfront only ioint use piers shall be permitted except when both lots abutting the subiect lot haye legally established piers then the lot with less than 50 feet of waterfront may be permitted an individual pier. MlIllip/e fami/v residence piers and piers associated with a subdivision as a common use facility shall not exceed the following' iL No more than one pier for each 100 feet of shoreline associated with the multifamily development subdivision or short subdivision is permitted ~ The total number of moorage spaces shall be limited to one moorage space for every two dwelling units in the multifamily development, subdivision or short subdivision. Pier and moorage size. iL The maximum waterward intrusion of anv portion of any pier shall be 36 feet or the point where the water depth is 13 feet below the or'dinarv high water mark, whichever is reached first provided: 1- If a pier is a common use pier associated with a multiple family development or subdivision this intrusion may be increased four feet for each additional moorage space over six moorage spaces to a maximum of 76 feet ~ The maximum width of each pier shall be eight feet f.. No float shall have more than 100 square feet of surface area -11- -12- i. ~ L çL The total surface area of piers moorages floats. and/or launching facilities or anv combination thereof associated with a single familv residence shall not exceed 500 square feet ~ No pier including finger pier moorage float, or over water structure or device, shall be wider than 25 percent of the lot with which it is associated Moora¡ze /Jifes. Moorage piles not constructed in conjunction with a pier are limited bv the following conditions <L All piles shall be placed so as to not constitute a hazard to navigation. iL No pile shall be placed more than 80 feet waterward of the ordinary high water mark. "" All moorage piles shall be placed in a water dePth not to exceed 13 feet below the ordinary high water mark. çL No more than two moorage piles per residence are permitted. Launching ramps and lift stations require a shoreline conditional use permit and are limited bv the following conditions !h No portion of a launching ramp or lift station shall be placed more than 60 feet waterward of the ordinary high water mark. iL All portions of a launching ramp or lift station shall be placed at a dePth not to exceed eight feet below the ordinary high water mark "" Launching rails or ramps shall be anchored to the ground through the use of tie-tvpe construction Asphalt concrete, or other ramps which solidlv cover the water bodv bottom are prohibited çL No more than one launching rail per single familv residence is permitted and no more than two common use launching ramps for each 100 feet of shoreline associated with a multifamilv development short subdivision or subdivision Floats are limited under the following conditions !h One float per single familv residence multifamilv development short subdivision, or subdivision is permitted iL No portion of a float shall be placed more than 36 feet waterward of the ordinary high water mark ~ Retrieval lines shall not !loat at or near the surface of the water !L No !loat shall have more than 100 square feet of surface area Sec. 18-165.07. Utilities. Utilitv facilities may be permitted in the urban environment subiect to the requirements of this chapter provided .L L .L ~ !L "'- çL ~ Utility and transmission facilities shall !L Avoid disturbance of unique and fragile areas !L Avoid disturbance of wildlife spawning nesting and rearing areas ~ Overhead utility facilities shall not be permitted in public parks. monuments scenic recreation or historic areas Utility distribution and transmission facilities shall be designed so as to: L Minimize visual impact !L Harmonize with or enhance the surroundings ~ Not create a need for shoreline protection. !L Utilize to the greatest extent possible natural screening. The construction and maintenance of utility facilities shall be done in such a way so as to: Maximize the preservation of natural beauty and the conservation of resources. Minimize scarring of the landscape. Minimize siltation and erosion. Protect trees shrubs. grasses natural features and topsoil from drainage. Avoid disruPtion of critical aquatic and wildlife stages. -13- :1 i. Rehabilitation of areas disturbed bv the construction and/or maintenance of utility facilities shall 'L Be accomplished as rapidly as possible to minimize soil erosion and to maintain plant and wildlife habitats \L Utilize plantings compatible with the native vegetation Solid waste transfer stations shall not be permitted within the shorelines of the state Sec. 18-165.08. Office and commercial development. Office development may be allowed in the urban environment subiect to the requirements of this chapter provided: .L L The office or commercial use or activity is permitted in the underlying zoning classification Office and commercial development shall maintain a setback behind the stringline setback. or 75 feet from the ordinary high water mark whichever is greater except in the following cases: 'L If the property is developed with a structure within 75 feet of the ordinary high water mark. then the structure can only be added to if the addition will not make the structure any more nonconforming as to its setback \L If a development is proposed on shorelines that include one or more sensitive areas as defined in Chapter 22 of this code such development shall maintain setbacks in accordance with regulations and procedures set forth in Article XIV of Chapter 22. .l. 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. 18-165.09. Shoreline protection. -14- Shoreline protection may be permitted in the urban environment provided .L Bulkheads shall not be considered an outright permitted use on the Puget Sound shoreline In order for a proposed bulkhead to be permitted on the Puget Sound shoreline or for a lake shore bulkhead to qualify for the RCW 90 58 030(3)(e)(iii) exemPtion from the shoreline permit requirements the City of Federal Way shall review the proposed bulkhead design as it relates to local physical conditions and the City of Federal Way shoreline master program and must find that ;L Erosion from waves or currents presents a clear an imminent threat to a legallv established residence one or more substantial accessory structures, or public improvements 12.. The proposed bulkhead is more consistent with the intent of the City of Federal Way shoreline master program in protecting the site and adioining shorelines than other non structural alternatives such as slope drainage systems vegetative growth stabilization gravel berms and beach nourishment and that such alternatives are not technically feasible or will not adequately protect a legally established residence or substantial accessory structure. "- The proposed bulkhead is located landward of the ordinary high water mark: and 1. The maximum height of the proposed bulkhead is no more than one foot above the elevation of extreme high water on tidal waters, or four feet in height on lakes £. A shoreline protection proiect replacing an existing bulkhead shall be placed along the same alignment as the shoreline protection it is replacing subiect to the following: !h 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. l2.. 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. h Beach nourishment and bioengineered erosion control projects may be considered a normal protective bulkhead when any structural elements are consistent with the above requirements and when the proiect 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 -15- elsewhere ;L Shoreline protection shall not significantly interfere with normal surface and/or subsurface drainage into the water body and shall be constructed using an approyed filter cloth or other suitable means to allow passage of surface and groundwater without internal erosion of fine material. 12- Shoreline protection shall not be used to create new lands except that groins may used to create or maintain a public Class I beach if they comply with all other conditions of this section "- Groins are permitted only as part of a public beach management program Jetties and breakwaters are not permitted Sec. 18-165.10. Recreation. Recreational deyelopment may be permitted in the urban enyironment subject to the general requirements of this chapter. proyided: -16- 1- The recreational deyelopment is permitted in the underlying zone. L Swimming areas shall be separated from boat launch areas. ;L The deyelopment of underwater sites for sport diying shall not !h Take place at depths of greater than 80 feet !L Constitute a navigational hazard. "- Be located in areas where the normal waterborne traffic would constitute a hazard to those people who may use such a site. ~ The construction of swimming facilities piers moorages floats. and launching facilities below the ordinarv high water mark shall be governed by the' regulations of sections 18.165.05 and 18.165.06 of this chapter i. Public boat launching facilities may be developed proyided: !h The traffic generated by such a facility can be safely and conveniently handled by the streets serving the proposed facility !L The facility will not be located on a Class 1 beach §.. Upland facilities constructed in conjunction with a recreational development shall be setback and/or sited to avoid contamination of the shorelines of the ~ L Public pedestrian and bicvcle pathwavs shall be permitted adiacent to water bodies ~ Public contact with unique and fragile areas shall be permitted where it is possible without destroving the natural character of the area 'L Water viewing nature studv recording and viewing shall be accommodated bv space platforms benches or shelter consistent with public safetv and securitv Sec. 18-165.10. Salmon and Steel head Habitats :L ~ L Structures which prevent the migration of salmon and steelhead shall not be allowed in the portions of the water bodies used bv fish Fish bvpass facilities shall allow the upstream migration of adult fish. Fish bypass facilities shall prevent fry and iuveniles migrating downstream from being trapped or harmed ~ Landfills shall not intrude into salmon and steel head habitats except as provided in regulation 3 1- Landfills may intrude into salt water areas used bv salmon and steehead for migration corridors rearing feeding and refuge onlv where the proponent obtains a conditional use permit (CUP) and demonstrates all of the following conditions are met: a. The landfill is for water-dependent or water-related use b. An alternative alignment or location is not feasible; c. The proiect is designed to minimize its impacts on the environment d. The facility is in the public interest and e. If the proiect will create significant unavoidable adverse impacts the impacts are mitigated bv creating in-kind replacement habitat near the proiect: Where in-kind replacement mitigation is not feasible rehabilitating degraded habitat may be required as a substitute. Unless the applicant demonstrates that bioengineering techniques will not be successful bulkheads and other shoreline protection structures are prohibited in salmon and steel head habitat: Where bulkheads and other shoreline protection structures are allowed the toe -17- -18- !L of the bulkhead or structure shall be located landward of the ordinary high water mark except as provided in regulation 6 below Where an existing bulkhead or structure cannot be removed because of environmental safety, or geological concerns the least environmentally impacting alternative shall be used Any replacement bulkhead or shoreline protection structure shall be as close to the existing structure as possible Bulkheads, breakwaters, jetties groins and other shoreline protection structures may intrude into salmon and steel head habitats only where the proponent demonstrates all of the following conditions are met: a. An alternative alignment or location is not feasible: b The project is designed to minimize jts impacts on the environment: c. The facility is in the public interest and d. If the project will create significant unavoidable adverse impacts, the impacts are mitigated by creating in-kind replacement habitat near the project Where in-kind replacement mitigation is not feasible rehabilitating degraded habitat may be required as a substitute L Docks piers pilings and floats may be located in water areas used by salmon and steel head for migration corridors rearing, feeding and refuge, provided the facilities use open piling construction Approach fills shall be located landward of the ordinary high water mark. Docks piers pilings and floats shall not be located in other salmon and steel head habitats The project shall be designed to minimize its impacts on the environment ~ Open pile bridges are the preferred water crossing structures over salmon and steel head habitats. If a bridge is not feasible one of the following water crossing structures may be approved if the impacts are acceptable: temporary culverts bottomless arch culverts elliptical culverts or round culverts. These structures are listed in priority order with the first having the highest preference and the last the lowest preference. In order for a lower priority structure to be permitted, the applicant must show the higher priority structures are not feasible. The project shall be designed to minimize its impacts on the environment ~ Bridges and in-water utility corridors may be located in salmon 'and steel head habitat provided the proponent shows that all of the following conditions are met: a. An alternative alignment is not feasible: lli b The project is located and designed to minimize its impacts on the environment; c. Anv alternative impacts are mitigated and d. Anv landfill is located landward of the ordinary high water mark. Open piling and piers required to construct the bridge mav be placed waterward of the ordinary high water mark if no alternative method is feasible Notwithstanding regulation 4 when installing in-water utilities the installer mav place native material on the bed and banks of the water bodv or wetland to reestablish the preconstruction elevation and contour of the bed The project shall be designed to minimize its impacts on the environment Dredging which will damage shallow water habitat used bv salmon and steelhead for migration corridors rearing feeding and refuge shall not be allowed unless the proponent demonstrates all of the following conditions are met: a. The dredging is for a water-dependent or water-related use: b. An alternative alignment or location is not feasible: c. The project is designed to minimize its impacts on the environment: d. The facilitv is in the public interest and e. If the proiect will create significant unavoidable adverse impacts the impacts are mitigated bv creating in-kind replacement habitat near the proiect Where in-kind replacement mitigation is not feasible rehabilitating degraded habitat mav be required as a substitute. lL Dredging and the removal of bed materials below the water line is prohibited within salmon and steelhead spawning areas. . ß In-water dredge spoil disposal sites shall not be located in salmon and steelhead habitats II Landfilling dredging channelization sand other activities which negatively impact habitat values are prohibited in wetlands ponds and side channels which provide refuge or other habitat for salmon or steelhead 1..1- Within salmon and steel head habitats. permanent channel changes and realignments are prohibited l2.. Aquaculture uses shall not be established in salmon and steel head habitat -19- ~ lL .ill.. except for areas that are onlv used for migration corridors This regulation onlv applies to in-water aquaculture uses not upland aquaculture uses The removal of aquatic and riparian vegetation within or adiacent to salmon and steclhead habitats shall be minimized Trees which shade side channels streams rivers ponds and wetlands used bv salmon and steel head shall be maintained Areas of disturbed earth shall be revegetated Unless removal is needed to prevent hazards to life and propertv or to enhance fish habitat large wood v debris below the ordinary high water mark shall be left in the waterwav to provide salmon and steel head habitat Outfalls within or upstream of salmon or steel head spawning areas shall be designed and constructed to minimize disturbance of salmon and steelhead spawning beds. Sec. 18-166. Rural environment. Sec. 18-166.01. Purpose The purpose of designating the rural environment is to restrict intensive development function as a buffer between urban areas and maintain open spaces and opportunities for recreation uses within the ecological carrying capacitv of the land and water resource. New developments in a rural environment should reflect the character of the surrounding area bv limiting intensitv providing permanent open space and maintaining adequate building setbacks from the water to prevent shoreline resources from being destroved for other rural tvpes of uses. Sec. 18-166.02. Desie:nation criteria. Designation criteria for the rural environment shall be: .L 6- Shorelines of the citv used or designated for residential development at a- densitv of three units per acre or less. Shorelines of the citv developed for residential purposes where surrounding land use is residential in character without all urban services 1- Shorelines of the citv to be designated rural shall not have limitations to development due to sensitive areas such as floodplains steep slopes slide hazard areas and/or wetlands. Sec. 18-166.03. General requirements. -20- The general requirements for development within a rural environment shall be the same as those for the urban environment section 18.165.03. Sec. 18-166.04. Residential development. Single family residential development may be permitted in the mral environment subject to the general requirements of the residential provisions of section 18.16504 of the urban environment Sec. 18-166.05. Residential piers. mooral!:e, or launchinl!: facilities. Piers, moorages, floats or launching facilities may be permitted accessory to a single family residence in accordance with sections 18.165.05 and 18.16506 of the urban environment Sec. 18-166.06. Subdivisions. The lot standards enumerated in this section applv 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 stmcture mav be constmcted. 1- The minimum required area of a lot in the mral environment shall be five acres. provided however. iL The minimum lot area may be reduced to 15000 square feet when: .L All lots are part of an approved subdivision or short subdivision £. All lots are served bv public water .:L All lots are served bv an approved sewage disposal system :L All lots are served bv paved streets. ~ All lots have a minimum width of JOO feet £. Anv lot located wholly or partially within the shorelines of the city shall be subiect to the substandard lot provisions of Chapter 22 Article Iv. . .:L Submerged land within the boundaries of any waterfront parcel shall not be used to compute lot area lot dimensions yards open space, or other similar required conditions of land subdivision or development Sec. 18-166.07. Utilities. Utility facilities may be permitted in the mral environment subject to the utilities requirements of the urban environment and the general requirements of section 18.165.03 Sec. 18-166.08. Shoreline protection. -21- Shoreline protection may be permitted in the rural enyironment subject to the shoreline protection proyisions of section 18.16509 of the urban environment Sec. 18-166.09. Recreation. Recreational development may be permitted in the rural environment subject to the general requirements of this chapter and the recreation provisions section 18.165.10 of the urban environment. See 18-166.10. Salmon and Steelhead Habitat Salmon and steelhead habitat shall be protected under section 18.165.1011-18) Sec. 18-167. Conservancy environment. Sec. 18-167.01. Purpose. Conservancy areas are intended to maintain their existing character. This designation is designed to protect conserve and manage existing natural features and resources. The preferred uses are those nonconsumptive of the physical and biological resources of the area. Sec. 18-167.02. Designation criteria. Designation criteria for the conservancy environment shall be. 1,. Shoreline areas regardless of the underlying zoning which have environmentally sensitive areas as defined in 18.28. L Shoreline areas that have poor drainage. ;L Shoreline areas which are free from extensive development. ~ Shoreline areas of high scenic value Sec. 18-167.03. General reQuirements. The general requirements for development within a conservancv environment shall be the same as those for the urban environment. section 18.165.03 Sec. 18-167.04. Residential development. Single family residential development may be permitted in the conservancy environment subject to the general requirements of Chapter 22, Article XI and the residential provisions of section 18.16504 of the urban environment provided single family residential development shall maintain a minimum setback of 50 feet from the ordinary high water mark, -22- except that. .L 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. Anv pier moorage, float or launching facilitv permitted accessorv to single familv development or a common use facilitv accessorv to a subdivision or short subdivision shall be subiect to the pier moorage float. and launching facilitv provisions of section 18-165.06 of the urban environment provided no such authorized structure shall be located within 200 feet of anv other structure Sec. 18-167.05. Subdivisions. The lot standards enumerated in this section applv to anv lot that has buildable area within the shorelines of the citv Buildable area means that area of the lot exclusive of anv required open space vards or setbacks upon which a structure mav be constructed. .L The minimum required area of a lot in the conservancv environment shall be five acres provided however: 1L The minimum lot area mav be reduced to 35000 square feet when .L All lots are part of an approved subdivision or short subdivision. L All lots are served bv public water. ;L All lots are served bv an approved sewage disposal svstem i. All lots are served bv paved streets. ~ All lots have a minimum width of 100 feet. L Anv lot located whollv or partially within the shorelines of the city shall be subiect to the substandard lot provisions of Chapter 22 Article IV. 1- Submerged land within the boundaries of any waterfront parcel shall not be used to compute lot area lot dimensions yards open space or other similar required conditions of land subdivision or development. . Sec. 18-167.06. Utilities. Utility facilities may be permitted in the conservancY environment subject to the utilities requirements of the urban environment and the general requirements of this chapter. Sec. 18-167.07. Shoreline protection. Shoreline protection may be permitted in the conservancy environment subject to the shoreline protection provisions section 18.165.09 of the urban environment -23- Sec. 18-167.08. Recreation. Recreational development may be permitted in the conservancv environment subject to the general requirements of this chapter and the recreation provisions section 18 165. 10 of the urban envi ronment. Sec. 18-167.09. Salmon and Steehead Habitat Salmon and steelhead habitat shall be protected under section 18.165. 10 (1-18) Sec. 18-168. Natural environment. Sec. 18-168.01. Purpose. The purpose of designating the natural environment is to preserve and restore those natural resource systems existing relatively free of human influence These systems require severe restrictions of intensities and types of uses permitted so as to maintain the integrity of the natural environment. Sec. 18-168.02. Desi2nation criteria. Designation criteria for the natural environment shall be. .L L -24- A shoreline area that provides food. water or cover and protection for any rare endangered or diminishing species A seasonal haven for concentrations of native animals. fish. or fowl such as a migration route breeding site or spawning site. ;L Shoreline areas considered to best represent the basic ecosystem and geologic types which are of particular scientific interest. :L Shoreline areas which best represent undisturbed natural areas. ~ Shoreline areas with established histories of scientific research. §.. Those shoreline areas having an outstanding or unique scenic feature in their natural state. L In addition to the above criteria the following should be considered when designating natural environments. 11. !L Areas where human influence and development are minimal. Areas capable of easily being restored to a natural conditions. Saltwater wetlands f.. sL Class I beaches Sec. 18-168.03. Residential development. Sin~.de familv residential development mav be permitted in the natural environment subject to the general requirements of Chapter 22, Article XI and the single family provisions, section 18 165.04 of the urban environment provided single familv residential development shall maintain a minimum setback of 100 feet from the ordinary high water mark, except that .L If development is proposed on shorelines including one or more sensitive areas as defined in Chapter 22, Article XIV such development shall be done in accordance with regulations and procedures set forth in that article Sec. 18-168.04. Residential piers. moora!!e. or launchin!! facilities. Piers moorages floats or launching shall not be permitted in a natural environment. Sec. 18-168.05. Subdivisions. .L The minimum required area in the natural environment shall be five acres. b The minimum required lot width in the natural environment shall be 330 feet ¿ Anv lot located wholly or partially within the shorelines of the city shall be considered a le!!al building site provided that such lot 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 required conditions of land subdivision or development. Sec. 18-168.06. Shoreline protection. Shoreline protection shall not be permitted in the natural environment. Sec. 18-168.07. Recreation. Recreational development may be permitted in the natural enyironment subject to the general requirements of this chaPter provided: -25- 1- The recreational development will not require anv si¡;nitìcant fillin¡;, excavation, or re¡;radin¡; involvin¡; more than 15 percent of that portion of the site within the shorelines of the citv ~ The construction of indoor swimmin¡; pools ¡;vms and other indoor recreational facilities is prohibited. 1- Piers moora¡;es floats or launchin¡; facilities constructed in coni unction with recreational development shall not be permitted except that floatin¡; walkwavs or other similar over water pedestrian structures facilitatin¡; access to observation points or viewing areas mav be permitted Sec. 18-168.08. Salmon and Steelhead Habitat Salmon and steelhead habitat shall be protected under section 18.165.10 (1-18) DIVISION 3. PROCESS Sec. 18-M4 169. Application and public notice. An application for a substantial development permit shall be made to the department of community development on forms prescribed by the department Upon submittal of a complete application, and required fees, the department shall instruct the applicant to publish notices of the application at least once a week on the same day of the week for two consecutive weeks in a newspaper of general circulation within the city. The applicant shall also provide additional public notice as prescribed in process IV, section 22-431 et seq. (Ord. No. 90-38, § 1(24.40),2-27-90; Ord. No. 97-291, § 3, 4-1-97) Cross reference(s)--PIocess IV review requirements, § 22-431 et seq Sec. 18--1-65 170. Procedure for review. The substantial development permit shall be reviewed under the provisions of process III, section 22-386 et seq. and the director of community development services shall be the final approval authority for the permit (Ord No. 90-38, § 1(24.50),2-27-90; Old. No 97-291, § 3, 4-1-97) Cross reference(s)--Process III review requirements, § 22-386 et seq. Sec. 18-lM ill. Shoreline variance. (a) The purpose of a shoreline variance is to grant relief to specific bulk, dimensional or performance standards set forth in the shoreline master program, and where there is an extraordinary or unique circumstance relating to the property such that the strict implementation of the shoreline master program would impose unnecessary hardship on the applicant or thwart the policies of the Shoreline Management Act (b) When a variance is requested, the substantial development permit and the variance -26- shall be reviewed under the provisions of process IV, section 22-431 et seq, and the hearing examiner shall be the final approval authority. (c) A variance from the standards of the master program may be granted only when the applicant can demonstrate that all the following conditions will apply (1) (2) (3) (4) (5) (6) (7) That the strict requirements of the bulk, dimensional or performance standards set forth in the master program precludes or significantly interferes with a reasonable use of the property not otherwise prohibited by the master program; That the hardship described above is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features, and the application of the master program, and not for example, from deed restriction or the applicant's own actions; That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties or the shoreline environment; That the variance authorized does not constitute a grant of special privilege not enjoyed by other properties, and will be the minimum necessary to afford relief; That the public interest will suffer no substantial detrimental effect; That the public rights of navigation and use of the shorelines will not be adversely affected by the granting of the variance when the proposal is for development located waterward of the ordinary high-water mark, or within marshes, bogs or swamps; and That consideration has been given to the cumulative effect of like actions in an area where similar circumstances exist, and whether this cumulative effect would be consistent with shoreline policies or would have substantial adverse effects on the shoreline (d) Shoreline variances may not be used to permit a use that is specifically prohibited in an environment, or to vary uses permitted within an environmental designation. (Ord. No 90-38, § 1(24.6010--24.60.40),2-27-90; Ord. No. 97-291, § 3, 4-1-97) Cross refcrcnce(s)--Proccss IV revIew requirements, § 22-431 et scq. Sec. 18-lß+ 172. Conditional uses. (a) Conditional use permits are allowed to provide greater flexibility in varying the application of the use regulations of the shoreline master program in a manner which will be consistent with the policies of RCW ch 90.28, particularly where denial of the application would thwart the policies of the Shoreline Management Act. -27- (b) When a conditional use is requested, the substantial development permit and the conditional use shall be reviewed under the provisions of process ¥ IV, section 22-476 et seq, and the city council shall be the final approval authority (c) Conditional uses have unique and special characteristics which require a special degree of control to make the uses compatible with other existing or permitted uses in the same environment, and to assure that the use is in the public interest In authorizing a conditional use permit, special conditions may be attached to the permit by the city council to prevent undesirable effects or mitigate environmental impacts of the proposed use (d) Conditional use permits shall be authorized only when they are consistent with the following criteria (I) (2) (3) (4) (5) The proposed use is consistent with the policies of RCW 90.58.020 and the policies of the master program; The use will not interfere with normal public use of surface waters; The use will cause no unreasonable adverse effects on the shoreline or surrounding properties or uses, and is compatible with other permitted uses in the area; The public interest will suffer no substantial detrimental effect; Consideration has been given to cumulative impact of additional request for like actions in the area. (e) Other uses not set forth in the shoreline master program may be authorized through a conditional use permit if the applicant can demonstrate that extraordinary circumstances preclude reasonable use of the property; however, uses specifically prohibited by the master program may not be authorized. (Ord. No. 90-38, § 1(24.70.10--24.70.50), 2-27-90) Cross reference(s)--Proeess III review requirements, § 22-476 et seq. Sec. 18-~ 173. Final approval of substantial development permits. (a) The director of community development shall notify the following agencies or persons within five days of the final approval of a substantial development permit and any variances or conditional uses granted: (I) (2) -28- The applicant; The state department of ecology; (3) The state attorney general, (4) Any person who has submitted written comments on the application; (5) Any person who has requested notification in writing prior to final approval of the permit. (b) No work may commence on a site requiring a substantial development permit until 30 days following the date of receipt of the substantial development permit by the state department of ecology, and written notification has been received from the department of ecology that the review period has been completed. (Ord. No. 90-3X. § ](24 XO 10,24.8020),2-27-90) See. 18-M9 174, Combined hearing authority. In those cases when development proposed in the shorelines may require a public hearing under the authority of other chapters of this Code, the hearings may be combined. (Ord. No. 90-38, § ](2490),2-27-90) Sec. 18-l'm 175. Alteration or reconstruction of nonconforming use or development. (a) Applications for substantial development or building permits to modify a nonconforming use or development may be approved only if (I) The modifications will make the use or development less nonconforming; or (2) The modifications will not make the use or development more nonconforming (b) A use or development, not conforming to existing regulations, which is destroyed, deteriorated, or damaged more than 75 percent of its fair market value may be reconstructed only consistent with regulations set forth in this article. (Ord. No. 90-38, § ](24.100),2-27-90) Sec. 18-170.176. Shoreline environment redesil!nation. A. Shoreline environments designated by the master program may be redesignated by the City Council upon finding that such redesignation will be consistent with 1. The policies of Section 2 of the Shoreline Management Act of 1971 2. The goals objectives and policies of the master program: 3. The designation criteria of the shoreline environment designation requested -29- Federal Way Comprehensive Plan - Land Use ATTACHMENT B office development that allows for a mix of office and compatible manufacturing type activities. Changes to the Office Park c.lassification will permit a limited amount of retail support services, along with the current mix of office and light manufacturing uses. Goal LUG8 Create office and corporate park develop- mentthat is known regionally for its design andfunction. Policy LUP49 Continue to encourage quality office development in West and East Campus Office and Corporate Park designations. Corporate Park The Corporate Park designation applies to Weyer- haeuser property generally located east of Interstate Highway 5. The property is a unique site, both in terms of its development capacity and natural features. The Corporate Park f€P-I7 land use designation applies only to the Weyerhaeuser Corporate Campus. The Corporate Park designation is surrounded by Office Pttrk designations ðfwith OP-I, 2, & 3 zoning. The CðII<:3pemdirlg Office Park zones are anticipated to develop as corporate headquarters, offices and as ancillary useS. These types of developments are characterized by large contiguous sites containing landscaping, open space, and buildings of superior quality. The Office Park zones are for the develop- ment of other corporate headquarters and office parks that serve to complement Weyerhaeuser Corporate headquarters. Development standards and conditions for these two - designations are unique to Weyer- haeuser's property and are outlined in a preannexation concomitant ~ development agreement entered into by the City and Weyerhaeuser Corporation. 2.8.5 SHORELINE MASTER PROGRAM 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 develop- ment of area-wide shoreline goals. Thev include: shoreline use. economic develooment public access. conservation. recreation. historical/cultural. and circulation. Master programs are also encouraged to include anv other elements which. because of present uses or future needs are deemed appropriate to effectuate the policv of the Shoreline Management Act. Residential land use of shorelines of the state within Federal Wav makes up the largest share of the developed shorelines in the citv. Much of the undevel- oped shoreline is in private ownership. subdivided into small lots and presentlv zoned to allow for residential USe. Because of present arid future needs of residential shoreline use goals and policies have been fonnulated as part of a residential element to guide and plan for that development. The following comprehensive set of shoreline goals provide the foundation and framework on which the balance of the master program has been based. These goals and policies are reflective of the level of achievement believed to be intrinsicallv desirable for all shoreline uses. needs. and developments. and establish a program policv commensurate with the intent and obiectives of the Shoreline Management Act. The policies contained herein should be enforced through the applicable chapters of the Federal Way City Code. Revised October 1998 11.19 Federal Way Compmhensive Plan - Land Use Shoreline Use Element An clement which deals with the distrihution, location, and extent of: I) the use of shorelines and adiaeent areas for honsing, transportation, office, public buildings and utilities, education and natural resources; 2) the use of the water for aquaculture and recreation; and 3) the use of the water, shoreline, and uplands for other categories of land and water uses and activities not specified in this master program. Goal LUG9 Policies LUPSO LUPSI LUPS2 LUPS3 LUPS4 LUPSS Preserve or develop shorelines adjacent uDlands and adiacent water areas in a manner that assures a balance of shoreline uses with minimal adverse effect on the {)ualitv of life. water, and environment. Shoreline land and water areas particularlv suited for specific and appropriate uses should be designated and reserved for such uses. Shoreline land and water uses should satisfv the economic, social. and phvsical'needs of the regional population, but should not exceed the phvsical carrying capacity of the shoreline areas. Where appropriate land and water uses should be located to restore or enhance the land and water environments. Like or compatible shoreline uses should be clustered or distributed in a rational manner rather than be allowed to develop haphazardlv. Multiple uses of shoreline should be encouraged where location and integration of compatible uses or activities are feasible. Unique and fragile areas of the shoreline should be protected from uses or activities LUPS6 LUPS7 that will have an adverse effect on the lancj or water environment. Non-residential uses or activities which are not shoreline dependent should be encour- aged to locate or relocate awav from the shoreline. Federal Wav shall consider the goals, objectives, and policies within the shoreline master program in all land use management actions regarding the use or development of adiacent uplands or the water areas, adjacent uplands and associated wetlands or streams within its iurisdietion where such use or development will have an adverse effect on designated shorelines. Public Access Element An element making provision for public access to publiclv-owned shorelines and assessing the need for providing public access to shoreline areas. Goal LUGIO Policies LUPS8 Increase public access to shoreline areas Drovided that private rirzhts Dublic safetv and the natural shoreline character are not adverselvaffected Development of public access should respect and protect the eniovment of private rights on shoreline properlY. !h Shoreline access areas should be planned to include aneillarv facilities such as parking and sanitation when appropriate. Q., Shoreline access and aneillarv facilities should be designed and developed to provide adequate protection for adjacent private properties. Revised October 1998 11.20 Fede,al Way Comp,ehens;ve Plan - land Use LUP59 LUP60 LUP61 LUP62 Public access should be maintained and regulated. "-' Public access shuuld be policed and improyed consistent with intensity of use. LUP63 LUP64 !L Public pedestrian easements should be provided in future land use authorizations, and in the case of Federal Way projects alon~ lakes. streams. ponds. and marine lands. whenever shoreline features are appropriate for public use. Shorelines of the citv that include. but are not limited to any of the following conditions should be considered for pedestrian easements: !L The proyision to restrict access as to nature. lime, 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. Areas of significant. historical. geo- logical and/or biological circumstances. Areas presentlv being legally used, or historical Iv having been legally used, by the public along the shoreline for ~ 1. Where public funds have been expended on or related to the waterbody. 1 L Shorelines of the city should be ayailable to all people for passive use and enioyment. i!., Viewpoints. lookouts. and vistas of shore- lines of the city should be publicly accessible. £,. Facilities in public shoreline access areas should be properly maintained and operated. !L New developments should minimize visual and physical obstruction of the water from shoreline roads and upland owners. Design of access should proyide for the public health. safety. and enjoyment. i!., Appropriate signs should be used to designate publicly owned shorelines. General policies. i!., Where appropriate, utility and transpor- tation rights-of-way on the shoreline should be made available for public access and use. !L Within the shoreline environment pedes- trian and non-motorized access should be encouraged. !L Publicly-owned street ends which abut the shoreline should be retained and/or re- claimed for public acceSS. £,. Public access to and along the water's edge should be available in publiclv-owned shorelines that are tolerant of human activity. £,. Shoreline recreational facilities and other public access points should be connected by trails. bicycle pathwavs and other access links where appropriate. Priority for access acquisition should consider resource desirability availability, and proximity of population. i!., 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 oyerall master plan. >L Public pedestrian easements and access points should be of a nature and scale that would be compatible with the abutting and i!., Public access should be provided in new shoreline developments. There should be incentives to encourage private property owners to proyide shoreline access. Revised Octobe, 1998 11.21 Federal Way Compreh.n>;ve Plan - Lond U,e adiacent land use as well as natural features, includine aquatic life. ~ Access development should respect and protect ccoloeical and aesthetic values in the shorelincs of the citv. 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 LUG 11 Policies LUP65 LUP66 Assure Tireser"a!ion o( ¡/111m," and non- renewable na!ural resources and assure eonserva/ion o(renewable natural resources (ar the benefit a( existinrz and (uture rzeneratians and the Dubhe interest. Shorelines which are of unique or valuable natural character should be acquired for public benefit, commensurate with preservation of the ecosvstem. ih 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. LUP67 LUP68 LUP69 ih Through policies and actions, Federal Wav should encouraee the management and conservation of lish, shellfish wildlife, and other renewable resources. 12.., 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. Resource conservation should be an integral part of shoreline plannine. ih When feasible, Federal Way should initiate programs to reverse any substantial adverse impacts caused by existing shoreline development. All renewable natural resources should be manaeed so that use or consumption does not exceed replenishment. 12.., All future shoreline development should be planned. designed, and sited to minimize adverse impact upon the natural shoreline environment. Scenic. aesthetic, and ecological qualities of natural and developed shorelines should be recognized and preserved as valuable rcsources. ih When appropriate, natural flora and fauna should be preserved or restored. 12.., In shoreline areas, the natural topography should not be substantiallv altered. L Shoreline structures should be sited and designed to minimize view obstruction and should be visuallv compatible with the shoreline character. !l Wildlife and aquatic habitats, including spawning grounds, should be protected, improved, and if appropriate increased. Resources should be managed to enhance the environment with minimal adverse effect. ih Aquaculture in shoreline areas should be conducted with all reasonable precautions to insure the preservation of the natural charactcr and qualitv of the shoreline. Rev;sed October 1998 11.22 Fed.,a! Way Comp,ehens;ve Plan - Land Use Luno Q., Shoreline activity and development should be planned, constructed, and operated to minimize adyerse effects on the natural processes of the shoreline and should maintain or enhance the quality of air, soil, and water on the shoreline. lessmea to the maximum extent possible. Si~llifìcallt U/w\'oidable impacts .~hould be miti~ated bv creotill~ ill-kind replacemellt habilatllear the prmeet where feasible. Where in-kind replacemelll milifwtion is nol feasible rehabilitatilll! del!raded habilal IlIa\' be reQuired MlIil!ation proposals should be developed in consullalioll wilh Ihe affecled locall!overnment Ihe Deoarlmelll of Fisheries. the Department of Wildlife. alld affected Illdiall Nalions. ~ Developments which are oulside salmon and sleelhead habitats but which have the potential to sil!lIificantly affect Ihese habi- lals should be localed and des¡¡med so Ihey do IlOt creale sil!lIificanl nel!alive imoacts Oil salmon and steelhead habitats. f.., Any structure or activity in or near the water should be constructed in such a way that it will minimize adyerse physical or chemical effects on water Quality yegetation, fish, shellfish or wildlife. L Bioelll!ineerinl! is the ",derred bank 01'0- tection techniQue for rivers alld slreams used b\' salmoll alld steelhead. !L Use or activitv which substantiallv degrades the natural resources orthe shoreline should not be allowed. ~ Opell vile bridr!es are orderred for crossinl! water areas used bv salmon and sleelhead. Salmoll and steelhead habitats suovorl valuable recrealiollal and commercial fish- eries. These habitats should be orolected because of their importance to the aaualic ecos"stem alld Ihe state and local econom\" g" Salmoll and steelhead habitats are: L Gravel bollomed streams used for svawninl!; ~ Streams lakes. and wellands used for rearinl!, feedinl! and cover and rdul!e from oredalors and hil!h waters; ~ Streams and salt water bodies used as mil!ralioll corridors; alld ;L Shallow areas of sail water bodies used for rearilIl! feedilll!. alld cover alld rdul!e from oredators alld currelIts, !l: Imoervious surfaces shall be millimized ill uolalld developments to reduce stormwaler rulloff peaks- Structures alld uses crealilIl! sil!lIifìcalIl imoervious surfaces shall ilI- efude slormwaler delelIlion sYslems 10 re- duce stormwaler rulloff oeaks- !l, Non-waler-dependenl or non-waler-relaled uses, aclivilies slruclures and landfills should 1101 be localed in salmon and sleel- head habilals- L The discharl!e of sifl inlo walerways shall be minimized durinl! in-waler and uoland construction. £" Where allernative locatiolls exist. water- dependent alld waler-relaled uses. activ- ilies slructures and landfills should not be localed in salmon and steelhead habilats- l AdoOI-A-Slream vrOl!rams and similar efforts 10 rehabifitale salmon and sleelhead soawninl! streams are encoural!ed. 1: Where uses activities structures, and land- fills I/l1Ist locate in salmon and steelhead ¡whita!.,- il/macts on these areas should he !£. Fisher\' enhancemellt proiecls are encour- al!ed where they wi/( not sil!nifìcantl\' illlerfere with other beneficial uses- L I>mieet proponents should contact the Habi- tot Manal!emelll Divisioll of the Deparlmelll of F/lheries the Hahitat Division oflhe Rev;sed Octob", 1998 11-23 Federal Way Comprehens;ve Plan - land Use Deparlmefll of Wildlife or affected Illdiall NaliollS earlv ill the developmellt ",ocess to delermille if the liralio,wl will occur ill or adiacelllto a salmoll alld slee/head hahilat IlI= Whell reviewilli! permits for uses, activities, alld structures IJr(JI}osed for salt water areas streams wet/allds, pollds collllected 10 streams, alld shorelilles adiacellt/(} these areas; staff should colltactlhe Hahital Mallap;emelll Divisioll of the Deparlmellt of Fisheries or the Habital Divisioll oflhe Departmelll of Wildlife /() delermille if the !JroDosal win occur ill or affect all adiacellt salmoll or steelhead habitat, Staff should also colllact affected Illdiall Nalions, 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 LUG 12 Policies HfP:;{) LUP71 Provide addiliollal shoreline deDelldellt alld water oriellled recrealioll oDDorlullities thaI are diverse convellienl. alld adequate for the relliollal DoDulalion consistent with the Carryinll caDacitv of the land and water resources, Areas containing special shoreline recrea- tion qualities not easilv duplicated should be available for public use and enjoyment. !!., Opportunities should be provided for the public to understand natural shoreline pro- cesses and experience natural resource features. WP7f LUP72 Q., Public viewing and intcrpretation should be encouraged at or near governmental shore- line activities when consistent with security and public safety. Shorelinc recreational use and development should enhance environmental quality with minimal adverse effect on the natural resources. !!., Stretches of relatively inaccessible and unspoiled shoreline should be available and designated as low intensity recreational tlse areas with minimal development. Service facilities such as footpaths, periphery parking, and adequate sanitary facilities should only be allowed where appropriate. Q., Beaches and other predominantlv un- developed shorelines alreadv popular should be available and designated as medium in- tensitv recreational use areas to be free from expansive development. intensity of use should respect and protect the natural qualities of the area. f., 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 pedes- trian walkways. water entry points. and access from the water' utilizing stream floodplains street ends, steep slopes. and shoreline areas adiacent to waterfront roads. Q., 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 shore- line recreational areas should be responsive to the site characteristics of those areas and bc consistent with the level of use in the area concerned. Revised October 1998 11.24 Fede'a! Way Camptehens;ve Plan - land Use :i::fJP'R LUP73 bf!P-B LUP74 [ Recreation areas on the shoreline should have adequate surveillance and maintenance. & The public should be provided with addi- tional off-site and on-site guidance and control to protect shoreline resources, h, Where a wide berm is needed for dry beach recreation. and phvsical conditions permit sand retention. consideration should be given to creating a Class I beach I when such development does not destrov valuable biota or unique physical conditions. L Access to recreational shoreline areas afforded bv water and land circulation svs- terns should be detennined bv the concept of optimum carrying capacity and recreational Quality. L Non-water oriented recreational facility development should be kept inland away from the water's edge. except where appro- priate in high intensive shoreline use areas. The provision of adequate public shoreline recreation lands should be based on an acquisition plan with a clear public intent. A balanced variety of recreational oppor- tunities should be provided for people of different ages health. familv status. and financial ability. "" Appropriate specialized recreation facilities should be provided for the developmentally disabled. or others who might need them. !L Shoreline recreation areas should provide opportunities for different use intensities I P",,"al" to Federal Way Cilv Code. ChaDter 18. Article III. Seclion 18-163. a "('fass I hcaeh means a beach m shore having denendable. geologically rully developed. and normallv dry haekshore ahove high lide," rangin~ ¡rom low (solitude) to hid, (manv ~ "" Opportunities for shoreline recreational experiences should include developing access that accommodates a range of differences in people's phvsical mobilitv. capabilities. and skill levels. sl 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. Circulation Element An element dealing with the location and extent of existing and proposed maior thoroughfares. trans- portation routes. and other public facilities: and coordinating those facilities with the shoreline use elements. Circulation systems in shoreline areas should be limited to those which are shore- line deoendent or would serve shoreline deoendent uses. The ohvsical and.social environment shall be orotected from the adverse effect of those systems on the Qualirv of water life or environment. New surface transportation development should be designed to provide the best pos- sible seryice with the least possible infringe- ment upon the shoreline environment. Revised Gclabe, 1998 Goal LUG13 Policies ~ LUP75 11,25 Federal Way Comprehensive Plan - Land Use WP-1-5 LUP76 HJ.P.76 LUP77 ~ New transportation facilities and improve- ments to existing facilities that sllhstantially increase levels of air, noise, odor, vislial or water pollution sholiid be discollraged. H:JP'1-7 LUP78 WP18 LUP79 Shoreline circulation svstcms sholiid be adaptable to changes in technology. ~ Federal Wav should promote and encourage modes of transportation which consume the least amollnt of energv while providing thc best efficiency with the least possible pollution. General policies. ~ New transportation developments in shore- line areas should provide turnout areas for scenic stops and off road rest areas where the topography view, and natural features warrant. ß Transportation corridors should be designed to harmonize with the topographv and other natllral characteristics of the shoreline throllgh which thev traverse. ß Shoreline roadwav corridors with lInique or historic significant. or of great aesthetic quality, should be retained and maintained for those characteristics. ~ New transportation facilities crossing lakes, streams. or wetlands should be encouraged to locate in existing corridors, except where any adverse impact can be minimized bv selecting an alternate corridor. ~ Surface transportation tàcilities in shoreline areas sholiid be set back from the ordinarv high water mark far enollgh to make unnec- s-sary such protective measures as rip-rap or other bank stabilization, landfill. bulkheads groins, ietties or substantial site regrade. Residential Element An element dealing with housing densities,.residential subdivisions shoreline access, necessary support services and locations of single-familv dwellings (including manufactured homes) and multi-family dwellings without distinction between part-time or full-time occupancv. Goal LUG14 Shoreline residential areas shalf vermit a varietv of hol/sinf! tvves and desif!ns with densities and localians consistenl with Ihe ability ofohnical and natl/ral feall/res to accommodate them. Circulation svstems should be located and attractive Iv designed so as not to unneces- sarilv or unreasonably pollute the phvsical environment or reduce the benefits people derive from their propertv: and they should encourage alternative rOlltes and modes of travel. !h Motorized vehiclilar traffic on beaches and other natural shoreline areas sholild be prohibited. ß Transportation facilities providing access to shoreline developments should be planned and designed in scale and character with the use proposed. ~ Circlilation routes should provide for non- motorized means of travel. Circlilation systems disruptive to public shoreline access and other shoreline lIses should be relocated where feasible. !h Transportation elements disrllptive to the shoreline character which cannot feasiblv be relocatcd should be conditioned or land- scaped to minimize visllal and noise pollution. Revised October 1998 11.26 Federal Way Comprehensive Plan - land Use Policies WP79 LUP80 HJ.P8(} LUP81 Residential developments should be exclu- ed from shoreline areas known to contain development hazards or which would adverselv impact sensitive areas as identi- ied in Chapter 18. Division 6 of the Federal Wav Citv Code. !h Residential development should be pro- hibited in floodplains within the 100 vear floodplain. WP8f LUP82 Hfl'If} LUP83 ç, LandfIll for residential development which reduces water surface or floodplain capacity should nut be permittcd. ~ Residential development should be pro- hibited in areas of severe or very severe landslide hazard. !i In residential developments the water's edge should be kept free of buildings and fences. ç, Residential development should be regu- lated in shoreline areas with slopes of 40 percent or greater. ~ Everv reasonable effort should be made to insure the retention of natural shoreline vege at ion and other natural features of the landscape during site development and construction. !i Shoreline areas containing other potential hazards (e. g. geological conditions. un- stable subsurface conditions. erosion hazards. or groundwater or seeoage orob- lems) should be limited or restricted for development. Residential use of shorelines should not displace or encroach upon shoreline dependent uses. Residential densities should be determined with regard for the physical caoabilities of the shoreline areas. public services require- mell1s. and effects such densities have on the environment. !h Subdivisions and new develooment should be designed to adequately protect the water and shoreline aesthetic characteristics. ~ The burden of proof that development of these areas is feasible. safe. and ecologically sound is the resoonsibilitv of the deyelooer. ~ New residential develooment should only be allowed in those shoreline areas where the proyision for sewage disoosal and drainage ways are of such a standard that adioining water bodies would not be adversely affec- ed by oollution or siltation. Residential develooments should have min mal impact on the land and water environment of the shoreline and minimize visual and physical obstruction. !h Residential development should be regu- lated in identified unique and fragile areas as required under the citv's sensitive areas regulations. £, 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 ietties. or substantial regrading of the site. ~ Residential development on Diers or over water should not be permitted. !i 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. Revised October 1998 11.27 Federal Way Comprehensive Plan - land Use Shoreline Environments l'urrJOsc In order to marc effectivelv implement the goals, objcctives, and policies of this master program and the Shorcline Managemcnt Act, the shorelines ofthc statc within Fcderal Wav 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 implv differing obiectives 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 svstem is designed to en- ouragc 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 destroved. The determination as to which designation should be given to anv specific shoreline area has been based on, and is reflective of. the existing development pattern: the biophvsical capabilities and limitations of the land: and the goals and aspirations of the local citizenry. Each environment category includes: (]) a definition describing the development. use, and/or features which characterize the area: (2) a purpose which clari- fies the meaning and intent of the designation: and, (3) general policies designed to regulate use and develop- ment consistent with the character of the environment. Urban Environment The urban environment is an area of high-intensity land use including residential. office, and recreational development. The environment is particularlv suitable to those areas presentlv subiected to intensive land use pressure as well as areas planned to accommodate urban expansion. Thc Durpose of dcsignating thc urban cnvironmcnt is to cnsurc optimum utilization ofshorclincs within urbanized areas bv pcrmitting intcnsivc use and bv managing development so that it enhances and mainains the shoreline for a multiplicitv of urban uses. The environment is designcd to reflect a policv of inreasing utilization and crtìciencv or urban areas. promote a morc intensive level of use through redevelopment of areas now underutilized, and encourage multiple use or the shoreline irthe maior use is shoreline dependent. Policies HfPlH LUP84 LUI'lU LUP85 LU,"85 LUP86 MfP86 LUP87 Hfl'8:¡ LUP88 WP88 LUP89 Emphasis should be given to development within alreadv developed areas. Emphasis should be given to developing visual and phvsical access to the shoreline in the urban environment. To enhance the waterfront and insure max- imum public use. commercial facilities should be designed to penn it pedestrian waterfront activities consistent with public safetv and security. Multiple use orthe shoreline should be encouraged. Redevelopment and renewal of substandard areas should be encouraged in order to accommodate future users and make maximum use of the shoreline resource. Aesthetic considerations should be activelv promoted bv means or sign control regula- tions. architectural design standards. land- scaping requirements, and other such means. Rcv"ed October 1998 11.28 Federal Way Comprehensive Plan - land Use WP89 LUP9(} Development should not significantly degrade the quality of the environment. including water quality and air quality. nor create conditions which would accentuate erosion drainage problems. or other adverse impacts on adjacent environments. Rural Environment The rural environment is intended for shoreline areas characterized bv agricultural uses. low densitv resi- dential (where most urban services are not available). and areas which provide buffer zones and open space between predominantly urban areas. Undeveloped shorelines not planned for urban expansion or which do not have a high priority for designation in an alternative environment and recreational uses com- patible with agricultural activities are aDDroDriate for the rural environment. The purpose of designating the rural environment is to Dreserve agricultural land. restrict intensive develoD- ment along undeveloDed shorelines. function as a buffer between urban areas. and maintain ODen SDaces and opportunities for recreational uses within the ecological carrving 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 ODen space. and maintaining adequate building setbacks from the water to Drevent shoreline resources from being destroyed for other rural tYDes of uses. Policies HfP9(} LUP91 Recreational access to the shorelines should be encouraged. Recreational facilities should be located and designed to minimize conflicts with other activities. HJPIH- LUP92 New development should reflect the character of the surrounding area bv limit- ing residential density providing permanent open space. and maintaining adequate building setbacks from the water. Conservancy Environment The conservancy environment consists of a shoreline areas which are Drimaril, free from intensive develop- ment. It is the most suitable designation for shoreline areas of high scenic or historical values for areas un- suitable for development due to bioDhvsicallimita- tions. and for commercial foresi lands. Conservancv areas are intended to maintain their exis- ting character. This designation is designed to Drotect. conserve. and manage existing natural resources and valuable historic and cultural areas. The Dreferred uses are those which are nonconsumDtive of the Dhvsical and biological resources of the area. Policies -hffl1n LUP93 HJP1B LUP94 WP94 LUP95 M:IP95 LUP96 WP96 LUP97 H!P91- LUP98 New develoDment should be restricted to those which are comDatible with the natural and bioDhvsicallimitations of the land and water. Diverse recreational activities which are comDatible with the conservancy environ- ment should be encouraged. Development which would be a hazard to public health and safetY. or would materi- allv interfere with the natural processes should not be allowed. The flood hazard overzone regulations shall aPDly to develoDment within flood Dlains. Structural flood control devices should be strong Iv discouraged in the conservancy environment. In areas with Doorlv draining soils. develoD- ment should not be allowed unless con- nected to a sewer line. Rev"ed October 1998 11.29 Fede,al Way Compmhens,ve Plan - Land Use &ffP98 LUP99 Development should be regulated so as to minimize the following: erosion or sedi- mentation, the adverse impact on aquatic habitats, and substantial degradation of the existing character of the eonservanev environment. Natural Environment The natural environment consists of areas character- ized bv the presence of some unique natural features considered valuable in their undisturbed or original condition and which are relatively intolerant of intensive human use. Such areas should be essentially free from development or be capable of being easilv restored to natural condition, and thev 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 svstems existing relatively free of human influence. These systems require severe restrictions of intensities and types of uses permitted so as to maintain the integrity of the natural environment. Policies bffP99 LUP1OO Natural areas should remain free from all develoDment which would adversely affect their natural character. HfPl(}(J LUP1Ol The intensitv and tvDe of uses Dennitted should be restricted in order to maintain the natural systems and resources in their natural condition. H:IPI:fH- LUP1O2 Limited access should be allowed to those areas in the natural environment. HfPlfn LUP1O3 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. WPHH LUPJII4 Uses and aetivitics in locations adiacent to natural areas should be stricllv regulated to insure that thc integrity of the natural environment is not comDromised. Shoreline Use Activities Purpose Shoreline use activities are sDecific uses, or groups of similar uses, that have been outlined by the DeDart- ment of Ecology Final Guidelines as being character- istic of the shorelines onhe state. They have been formulated as imDlementing tools to further carry out the intent and Dolicy of this master Drogram and the Shoreline Management Act. Thév also reDresent a maior criterion to be used in evaluating proposed development and alterations to the shoreline environ- ment: with their ultimate influence, to a large extent. dependent upon how well thev are enforced. The policies that make up each use activitv have been founded on the premise that all reasonable and appro- priate uses require regulatorv control. Other provi- sions such as a view enhancement. public access, erosion control water qualitv long tenn benefits, and aesthetic considerations have also been reflected in Dolicy statements. Shoreline uses and activities not sDecifically identi- fied, and for which Dolicies have not been develoDed, will be evaluated on a case bv case basis and will be required to meet the intent of the goals and obiectives of this master program, the Dolicv of the Shoreline Management Act. and shall be consistent with the management policy and character of the shoreline environment in which they Dropose to locate. AQuatic Resource Practices Of all facets of economic shoreline activity, pro- duction from fisheries is the most vulnerable to massive destruction from an error in environmental control. Close monitoring of water quality and an aggressive pol icv of pollution abatement and control Rev>sed Oelobe, 1998 11.30 Federal Way Comprehensive Plan - Land Use arc mandatorv ()f full realization and sustenance of this economic base. Aquaculture addresses stale haleheries, commercial hatcheries and beds, and natural hatcheries and beds within Federal Wav shorelines. Underwater aquaria are considered as aquaculture although the use is principallv 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 fecunditv of the population, and survive as the food and nature allow. L Artificial stocking or raising of stock in feedlots or pens using selective breeding and controlled feeding programs for increasing production and rearing a unifonn product Pen culture requires confinement and the presence of fixed structures that compete for spaCe, Pens, rafts, and hatcheries require certain environmental condi- tions to assure the survival of their contained popula- tions. Some of these conditions are small wave forces, good flow, good water Quality, temperature limits, good anchoring ground and accessibilitv, and, pos- siblv, good natural food and nutrient supplv, The confinement offish or shellfish in concentration imposes an extreme biological load in a small area, Dense populations degrade water quality and deposit heavv fecal sediments below the pens or on the floor of embayments. The principal impacts of aquacultural activity within the shoreline are: L Pollutants in the water bodv such as fish, organic wastes and additives for feeding and disease control. L Navigation hazards such as holding pens, rafts, nets, and stakes. ,L Watercourse alteration to supplv water. :L Netting and nooring of river beds for spawning channels. 2..0 Shoreline access limitations where shelltish arc being protected and contained. I)olicics bffP-HJ4 LUPIOS Federal Wav'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. WPlfJ5 LUPIO6 Pens and structures for commercial aqua- culture should not be located on Class I beaches. or swimming beaches. HfPlf}6 LUPIO7 Aquacultural enterorises should be located in areas which would not significantlv restrict navigation. -Hfl1HP LUPIO8 In aquaculture enterprises, development of multiple aquaculture systems should be encouraged. HfPl(}8 LUPIO9 Aquacultura' structures shou'd use open pile construction where significant littoral drift occurs. WP-lf}l) LUPllO Prior to use of an area for aquacultural enterorises, consideration should be given to the capability of the water body to absorb potential wastes. HJl1J-H} LUPll1 Shoreline areas having extremelv high natural potential for aquaculture should be preserved for that puroose. Rev"ed October 1998 11.31 Fede,al Way Comp,ehen,'ve Plan - land Uoe Commercial Development Commercial development pertains ~enerally to the use or construction of facilities for transaction and sale of ~oods and services as opposed to industrial develop- ment (treatment to~ether with ports) which pertains to the desi~n and Llbrication 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 ~enerated 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 associated with human habitation and recrea- tional activities. Policies HfPfH LUPIn Consideration should be made of the effect a structure will have on scenic value. b-lJPf-H LUPIJ3 bffPH3 LUPI14 Hff1.fH LUP1l5 Commercial structures and ancillary facili- ties that are not shoreline dependent or water-oriented should be placed inland awav 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 taps. Commercial enterprises locating within shoreline areas should be constructed to withstand normal rain and flooding con- ditions without contributing pollution to the watercourse or shoreline. HfPH5 LUPlI6 Commercial development which is not shoreline dcpendent should provide a buffer zone of ve~etation for erosion control. lJ tilities Few. if any. utility systems could be installed com- pletely without coming under the jurisdiction of this master pro~ram. 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 utilitv facilities in Federal Way vary from regional transmission bv trunklines. pipelines. and transmission lines to subregional distribution facili- ties. These are essentially pipes and wires. Regional facilities generally are high voltage or high pressure svstems 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. and telephone). energy distribution (petroleum products. natural gas. and electricity). water. sanitary sewers. and storm sewers. Policies HJPH6 LUPIl7 Utilities which lead to growth should not be extended into or along shorelines without prior approval of such extension by appro- priate land use authority. HJPl-1-1 LUP1l8 Utilities located in shoreline enyironments inappropriate for development should not make service available to those areas. WPH8 LUPlI9 In developed shorelines not served by utilities. utility construction should be encoura~ed to locate wherc it can be shown Rev"ed Octobe' 1998 11.32 Federal Way Comprehensive Plan - Land Use hfJPH-9 LUPJ20 WPHO LUPI2J WPHl- LUPl22 ~ LUP123 Hff'fH LUP124 that water quality will be maintained or improved. Federal Way should be consulted prior to or at the time of. application for construc- tion of regional utilitv facilities to be located in or along shorelines. Utility corridors crossing shorelines of the state should be encouraged to consolidate and concentrate or share rights-of-way where: !L Public access (including view) would be improved. !.h Concentration or sharing would not hinder the ability of the utility systems to be in- stalled operated. or maintained safely. £., Water quality would be as good or better than if separate corridors were present. Public access consistent with public safety and security should be encouraged where rights-of-way for regional utility facilities cross shorelines of the city. New utility facilities should be located so as neither to require extensive shoreline pro- tection nor to restrict water flow. circula- tion or navigation. Utility facilities and rights-of-wav should be selected to preserve the natural landscape and minimize conflicts with present and planned uses of the land on which they are located. H:JPJ.M LUPJ25 New utilit\" routes should be designed to minimize detrimental visual impact from the water and adiacent uplands. HfPH5 LUPJ26 New free standing personal wireless service facilities are discouraged from locating within the shoreline environment. Shoreline Protection Shoreline protection is action taken to reduce adverse impacts caused by current. flood. wake. or wave action. This action includes all structural and non- structural means to reduce these impacts due to flooding. erosion. and accretion. Specific structural and nonstructural means included in this use activity are bulkheads. rip-rap. bank stabilization. and other means of shoreline protection. The means taken to reduce damage caused bv 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. Policies HfPH6 LUP127 Structural solutions to reduce shoreline damage should be allowed only after it is demonstrated that nonstructural solutions would not be able to reduce the damage. HfPfH LUP128 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. WPH8 LUP129 Shoreline protection on marine and lake shorelines should not be used as the reason for creating new or newlv usable land. Rev;,ed October' 998 1133 Federal Way Comprehensive Plan - land Use H!PH9 LUP1311 Shoreline protection structures should allow passa~e of ~round and surface waters into the main water body. H:fPl-3() LUP13I Shoreline protection should not reduce the volume and storage capacity of rivers and adjacent wetlands or flood plains. bYPl-H LUPI32 Whenever shoreline protection is needed. bioengineered alternatives such as natural berms and erosion control vegetation plans should be favored over hard surfaced struc- tural alternatives such as concrete bulkheads and sheet piles. lÆPlH LUPIn The burden of proof for the need for shore- line protection to protect existing or pro- posed developments rests on the applicant. HJPH.3 LUPI34 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. hffPB.f LUPI35 New development should be encouraged to locate so as not to require shoreline protection. HfP:l-35 LUPI36 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. WPH6 LUPI37 Shoreline protection actions should be discouraged in areas where they would block beach parent material. WPH-7 LUP138 Multiple use of shoreline protection struc- tures or nonstructural solutions should be encouraged. Transportation Facilities The circulation network use category addresses trans- portation facilities such as roads. railroads. bridges. trails. and related facilities. The impact of these facil- ities on shorelines can be substantial. Some existing facilities were constructed to serve transportation needs of the moment with a minimum expenditure and verv little assessment of their primarv or secondary impacts on shoreline aesthetics. public access to the water. and resultant effects on adiaeent properties and water Quality. Planning for new-transportation facil- ities within the shoreline area today requires a greater awareness of the environmental impacts transportation facilities will have on shorelines. in addition to the necessitv for integrating future shoreline land use plans with the transportation svstem that serves developments on the shoreline. Policies WPH8 LUPI39 Pedestrian access should be built where access to public shorelines is desirable and has been cut off by I inear transportation cor- ridors. New linear facilities should enable pedestrian access to public shorelines where access is desirable. HJPf39 LUP140 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. land- fill. bulkheads. groins. ietties. or substantial site regrade. HfPl-4fI LUPI4I Shoreline transportation facilities should be encouraged to include in their design and Revised October 1998 11.34 Federal Way Comprehensive Plan - Land Use HJPHf LUPl42 ~ LUPl43 HJJ1J-..H LUPl44 H:!-P-l-# LUPl45 development multi-modal provisions where public safetv can be assured. Shoreline transportation facilities should be planned to fit the topography and minimize cuts and tills' and should be designed lo- cated. and maintained to minimize erosion and degradation of water Quality and to give special consideration to shoreline aesthetics. Transportation and utility facilities should be encouraged to coordinate ioint use of rights-of-way and to consolidate crossings of water bodies when adverse impact to the shoreline can be minimized bv doing so. Transportation facilities should avoid shore- line areas known to contain development hazards (e.g. slide and slump areas poor foundation soils. marshes etc.). Transportation facilities should minimize shoreline rights-of-way bv orienting gener- ally perPendicular to the shoreline where topographic conditions will allow. Hff'H5 LUPl46 Shoreline roadways should have a high priority for arterial beautification funds. WPH6 LUPl47 Abandoned road or railroad rights-of-way which contain uniQue shoreline amenities should be acQuired for public benefit. HJPf4-7 LUP148 Federal Way should extend its trail and bicycle trail system. particularly as it relates to shorelines. to western Federal Way. HJP-f48 LUP149 All transportation facilities in shoreline areas should be constructcd and maintained to caLIse the least possible adverse impacts on the land and water environments. should respect the natural character of the shore- line. and should make every effort to pre- serve wildlife. aquatic life and their habitats. Picrs and Moorages A pier is a structure built over or floating upon the water extending from the shore. Some arc used as a landing place for marine transport or for recreationa I watercraft. Piers are designed and constructed as either water (floating) or pile supported. both ofwhich have positive and negative environmental aspects. Floating piers generally have less of a visual impact than those on piling and thev provide excellent protec- tion 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 pro- tect navigation rights. preserve shoreline aesthetics. and maintain the usable water surface and aquatic lands for life forms characteristic and important to those areas. Policies HJPf49 LUPJ50 Open pile pier construction should be pre- ferred where there is significant littoral drift. where scenic values will not be im- paired. and where minimal alteration to the shoreline and minimal damage to aquatic resources can be assured. HJPf5(} LUP151 Floating pier construction should be pre- ferred in those areas where scenic values are hii\!b HfPf5f LUPJ52 Piers should be discouraged where conflicts with recreational boaters and other recrea- tional water activities would be created b\ pier construction. Revised October 199B 1I.3ó Federal Way Comp'ehen"ve Plan - Land Use HIPl-9 LUPlD HIP/-5-3 LUP154 Thc random proliferation of sinQlc purpose piers should be discoura~ed. Preference should be givcn to shared use of piers in all shorel ine areas. Temporarv mooraQes should be permitted for vessels used in the construction of shoreline fàcilities. The design and con- struction of such moorages shall be such that upon termination of the proiect the aquatic life can be returned to their original condition within one vear at no cost to the environment or the public. HJPf5,4 LUP155 Shoreline structures that are abandoned or structurally unsafe should be abated. HIPf55 LUP156 Substantial additions or alterations, inclu- ding but not limited to substantial develop- ments, should be in conformance with the policies and regulations set forth in the master program. H!Pf56 LUP157 Piers, docks buovs, and other moorages should only be authorized after consid- eration of: !!., Q., 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. The effect such structures have on naviga- tion, water circulation, recreational and commercial boating, sediment movement and littoral drift and shoreline access. HfPf5-7 LUP158 Moorage buovs should be preferred over floatin~ and nile constructed piers on all tidal walers. LUP159 FIoat;lI!! slruetllres alld o{Jelll,;le structures are Iwe(áred ()\'('/' Iulld/ills or sulid slrue- tllres ;11 1\'(1I('/' urms IIsed hv sallllull alld slee/head. Recreation Recreational cxpcricnces that depend on, or utilize, the shoreline include: harvestin~ activities of fish, shellfish, fowl. minerals, and driftwood; various forms of boating, swimmin!!, and shoreline pathways; and watching or record in!! 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 car- rying capacity (the impact of people on the environ- ment). Measures to accomplish this are by designation of areas for use-intensity, interpretation, and regula- tion. 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 substantiallv to open space bv conservation of land, preserving historic sites, offering aesthetic relief and variety, contributing to a healthful environment. and shaping and preserving the com- munity fonn. In addition to the provisions of recrea- tional opportunities, Federal Wav coordinates with other governmental agencies, commercial. and volun- teer groups to provide these opportunities for the public. The policies are directed toward providing shoreline dependcnt and water oriented recreational opportunities. They are also directed at protecting health and safety bv separating incompatible activities and channeling them into their most appropriate environments. Revised Octob", 1998 11.36 Fede,al Way Comprehensive Plan - Land Use >olicics LUr15H LUPI611 WPl-59 LUPI6I The development of recreational acquisition plans should give emphasis to the acqui- sition of prime recreation lands prior to their being preempted for other uses. In open spaces having an established sensc of nature, improvements should be limited to those that are necessarv and unlikelv to detract from the primary values of the site. HfP-f6(J LUPI62 The siting of all developments should aim to enhance and protect the area concerned. H!Pf6f L UPI 63 ~ LUPl64 Structural forms should harmonize the topo- graphv, reinforce the use area, minimize damage to natural resources, and support recreation with minimal conflict. New buildings should be made svmpathetic to the scale, fonn, and proportion of older development to promote hannonv in the visual relationships and transitions between new and older buildings. H:fP-}(d LUPI65 Whenever possible, natural materials should be used in developing shoreline recreational areas. bffPHt4 LUPI66 Artificial irrigation and fertilization should be restricted to high-intensitv use areas. HfPM5 LUPI67 Existing buildings that enhance the char- acter of the shoreline should be used for recreation wherever possible. HfP-Ht6 LUPI6H Underwater parks should be extensions of shoreline ~ parks, or be created by or enhanced bv artificial reefs where natural conditions or aquatic life could be observed ~ minimally interfereðncc ffitIt. - hl:JPf(ff LUPI69 Public recreational shoreline areas should serve as emergencv havens of refuge for boaters. HfPMI! LUPI711 Phvsical 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 safetv with- out requiring extensive flood or erosion protection. HfPfft9 LUPIn The acquisition of public easements to the shoreline through private or quasi-public shorelines should be encouraged. HJ.P.J.7(} LUPI72 Existing public recreation shorelines should be restored where it is possible to reveg- etate: resite roads and parking areas that are close to the shoreline; and remove stream channelization and shoreline protection devices when the facilitv has either deterio- rated or is inconsistent with the general goals of this program. HJPH.f LUPI73 Prime fishing areas should be given prioritv for recreational use. . HJP.J-n LUPI74 Boating activities that increase shore ero- sion should be discouraged. HJlll-H LUPl75 Effective interpretation should be provided to raise the qualitv of visitor experiences and provide an understanding of the resource. Rev"ed October 1998 11.37 Fede'al Way Comp'ehensive Plan - Land Use Residential Devclonment The shorelines in Federal Way are more widely used for residential purposes than for anv other use. Much of the undeveloped shorelinc is privately-owned, sub- divided 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 devel- opment of shorelines is accomplished in a variety of ways from large plats and subdivisions to single lot development for housing; any of which. ifpoorlv 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 family..." from its permit reQuiremcnts. However, even though single familv homes are not considered substantial developments, the intent of the act has established the basis for planning and regulating them. Policies l::f:!Pl-14 LUPI76 Residential developments should be per- mitted only where there are adequate pro- visions for utilities. circulation, access, site lavout, and building design, HIPl-1-5 LUPI77 Subdivisions should be designed at a level of density, site coverage. and occupancv compatible with the phvsical capabilities of the shoreline and water body. HfPR6 LUPI78 Residential development plans submitted for approval should contain provisions for protcction of ~roundwater supplics, erosion control landscaping, and maintenance of the shorcline integrity. HfPH-7- LUPI79 H!PJ.78 LUPI80 HIPl-19 LUP181 H!Pf8(} LUP182 !h ß f.., Rcsidcntial subdivisions should be designed so as to protect watcr qualitv shoreline aesthetic charactcristics. vistas. and normal public use ofthc water. Subdivisions should provide public pedes- trian access to thc shorelines within the development in accordance with public access element of this master program. The established velocity, Quantitv. and Quality of storm water discharge should be considered in terms of the sensitivitv of the proposed receiving environment. The dis- posal mode selected should minimize changes in infiltration, runoff. and ground- water recharge. Developers of recreational proiects such as summer homes cabins, campgrounds. and similar facilities should satisfactorilv demonstrate: The suitabilitv of the site to accommodate the proposed development without adver- sely affecting the shoreline environment and water resource. Adequate provisions for all necessary utilities, including refuse disposal. and the compatibility of the development with adiacent properties and surrounding land uses. That recreational opportunity exists on the site and does not depend on adiacent public land to furnish the activity. Revised Octo be, 1998 11.38