February
18,
2010


Shoreline
Update
Recommended
Language
and
Corrections


Delete:

INTERIM
REGULATIONS,
13.10.110
(A‐D)
‐
S‐8
SHORELINE
DISTRICT
–
THEA
FOSS
WATERWAY


Preamble
to
S‐7,
S‐8,
S‐10):

The
purpose
of
these
Districts
is
to
protect
water‐dependent

businesses,
structures

and
uses
on
Washington’s
shorelines.


The
Westerly
portion
of
the
existing
S‐7
known
as
the

“Tahoma
Salt
Marsh/NRDA
Trust”
and
private

road
shall
remain
in
the
S‐7
and
not
converted
to
S‐6.

This
would
serve
as
a
mitigation
transition

between
the
industrial
and
the
public/commemorative
facility
in
S‐6.




It
is
recommended
that
the
Shoreline
Update
consider
alternative
ways
to
insure
public
access
to
the

waterfront.

Specific
suggestions
might
include
the
joining
together
of
property
owners
in
support
of
a

specified
alternate
project
or
of
contributing
to
a
designated
publicly
supported
project.




Intent
Statements
–Below
is
an
attempt
to
combine
the
old
intent
on
the
far
left
column
with
the

explanation
of
the
intent
statement
from
the
far
right
column,
which
results
in
re‐writing
the
middle

column
in
the
following
way:


S‐7
Schuster
Parkway
(proposed
language)


The
intent
of
the
S‐7
Schuster
Parkway
District
is
to
allow
the
development
and
continuation
of
water‐
dependent
uses
that
require
deep
water
access
while
minimizing
impacts
to
surrounding
properties,
and

improving
public
access
where
no
health,
safety
or
security
concerns
exist.


S‐10
Port
Industrial
(proposed
language)


The
intent
of
the
S‐10
Port
Industrial
Shoreline
District
is
to
allow
and
encourage
the
continued

development
of
the
Port
Industrial
Area,
to
prioritize
the
Port
Industrial
Area
for
high
intensity
water‐
dependent
and
water‐related
uses
and
to
ensure
that
as
new
uses
and
development
occur,

compatibility
with
industrial
uses
should
be
addressed
to
minimize
impacts
to
industrial
activities.


13.10.175

Regulations
A.1.a

(Proposed
language
in
bold.)


Proposed
developments
shall
be
designed
to
maximize
the
public
view
and
public
access
to
and
along

the
shoreline
where
appropriate.

Public
access
shall
be
required
for
all
shoreline
development
and
uses,

except
for
single‐family
residences,
residential
projects
containing
fewer
than
four
dwelling
units,
and

industrial
uses.

13.10.175
A.1.b


Except
as
indicated
in
subparagraph
a,
above,
and
except
for
existing
and
proposed
industrial

developments,
all
non‐industrial
proposed
developments
within
the
S‐6,
S‐7,
and
S‐8
shoreline
districts

shall
incorporate
public
access.



Use
Tables
(proposed
Corrections
and
revisions)



S‐7


Mooring
facilities;
docks,
piers
and
buoys
associated
with
water
dependent
uses

It
should
be
changed
to
“P”

(it
is
now
“N”).




Fill
and
excavation,
below
OHWM:
S‐7
should
be
changed
to
“CU”
(it
is
now
“N”).


S‐8


Above
ground
utilities.
Change
to
“P”
(it
is
now
“N”).




Recreational
development
water
oriented,
change
to
“CU”
(it
is
now
“P”)


Industrial/Port
Facilities
water
related
should
be
“P”
(it
is
now
“N”)


Commercial
Development
non
water
oriented
should
be
“P”
(it
is
now
“P/CU”)


Residential
development
on
the
east
side
south
of
the
Murray
Morgan
Bridge
should
be
“CU”
(it
is

now
“P”);
it
should
be
“CU”
and
only
allowed
if
it
is
designed
so
as
to
minimize
impact
to
existing

commercial
and
industrial
business
in
the
S‐8
and
S‐10.





Shoreline
definitions
are
in
13.10.030.

Water‐oriented:

used
to
describe
any
water‐dependent,
water‐related,
or
water
enjoyment
use.



Water‐related:

use
or
portion
of
which
is
not
intrinsically
dependent
on
a
waterfront
location,
but

whose
operation
cannot
occur
economically
without
a
waterfront
location.

Examples
may
include

warehousing,
storage,
processing,
where
the
goods
are
delivered
to
or
shipped
from
the
site
by
water.

Water
dependent:

use
which
requires
direct
contact
with
water
and
cannot
exist
at
a
non
water

location.

Examples
include
swimming
beaches,
fishing
piers,
ship
cargo
terminal
loading
areas,
fuel

distribution
terminals,
ferry
terminals,
barge
loading
facilities,
ship
building
and
dry
docking,
marinas,

environmental
remediation.



Water
enjoyment:

use
which
provides
for
recreation
involving
the
water
or
facilitates
public
access
to

the
shoreline,
use
which
provides
for
aesthetic
enjoyment
of
the
shoreline.

To
qualify
as
water

enjoyment,
a
use
must
be
open
to
the
general
public
and
the
waterward
side
of
the
project
must
be

devoted
to
provisions
that
accommodate
public
enjoyment.

Examples
include
viewing
towers,
parks,

cultural
facilities,
artisan/craftsperson
uses,
restaurants,
educational/scientific
reserves,
and
mixed
use

projects.