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HomeMy WebLinkAboutD_Shoreline Substantial Development_Report_Decision_171205DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT EVALUATION FORM & DECISION DATE OF PERMIT ISSUANCE: December 5, 2017 LAND USE ACTION FILE NO.: LUA16-000614, ECF, SM DATE RECEIVED: August 18, 2016 DATE OF PUBLIC NOTICE: September 21, 2016 Pursuant to Chapter 90.58 RCW, staff recommends that the City of Renton grant a Shoreline Substantial Development Permit. This action is proposed on the following application: PROJECT NAME: Southport Shoreline Modifications PROJECT MANAGER: Clark H. Close, Senior Planner OWNER/APPLICANT: SECO Development Inc., 1083 Lake Washington Blvd N. Suite 50, Renton, WA 98056 CONTACT: Kenny Booth, The Watershed Company, 750 Sixth Street South, Kirkland, WA 98033 PROJECT LOCATION: 1053 and 1083 Lake Washington Blvd N (APN 0523059075, 0523059076 and 0823059216), Renton, WA 98056 LEGAL DESCRIPTION: (King County Assessor) Parcel No: 0523059075; "NEW LOT A" CITY OF RENTON LOT LINE ADJUSTMENT NO LUA14- 001514 (SOUTHPORT LOT LINE ADJUSTMENT) RECORDING NO 20141223900010 (BEING A PORTION OF SW QTR SW QTR STR 05-23-05 AND OF NW QTR NW QTR STR 08-23-05) Parcel No: 0523059076; LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT NO LUA 99-134- SHPL RECORDING NO 20000131900006 BEING PARCEL B OF CITY OF RENTON LOT LINE ADJUSTMENT NO LUA 98-176 LLA RECORDING NO 9902019014 BEING A PORTION OF GOV LOT 1 IN NW 1/4 OF SECTION 08-23-05 LY NLY & WLY OF BURLINGTON NORTHERN RAILROAD CO R/W AND City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 2 of 29 PORTION OF LAKE WASHINGTON SHORELANDS IN SW 1/4 OF SECTION 05-23-05 Parcel No: 0823059216; "NEW LOT B" CITY OF RENTON LOT LINE ADJUSTMENT NO LUA14- 001514 (SOUTHPORT LOT LINE ADJUSTMENT) RECORDING NO 20141223900010 (BEING A PORTION OF SW QTR SW QTR STR 05-23-05 AND OF NW QTR NW QTR STR 08-23-05) SEC-TWN-R: NW-08-23-05 WITHIN THE SHORELINES OF: Lake Washington, Reach H APPLICABLE MASTER PROGRAM: City of Renton PROPOSAL DESCRIPTION: The applicant is requesting Environmental (SEPA) Review and approval of a Shoreline Substantial Development Permit to repair a degraded bulkhead and install two (2) separate grated floats for small watercraft on the shore of Lake Washington, a Shoreline of Statewide Significance. Some of the shoreline activities include, but is not limited to, repair of the existing bulkhead between the 12-story Hyatt Regency Hotel at Southport and 5-story mixed-use apartment complex on Lake Washington, removal of a portion of the bulkhead to facilitate the construction of a shoreline cove, improvement of in- water ecological conditions, temporary moorage of motorized and non-motorized vessels by adding 2,591 square feet of new fully-grated floats and overwater structures, safety enhancements by removing all in-water components of the bulkhead, installation of “no wake” buoys, and expansion of recreational use of the shoreline. The existing shoreline bulkhead is approximately 580 feet in length and the project is expected to extend the functional life of the bulkhead for another 30-50 years. The proposed project site is located in the Urban Center (UC) zone, a high seismic area, Lake Washington Reach H, and the Aquatic Overlay District. The site is designated as Shoreline High Intensity by the Shoreline Master Program. No trees are proposed for removal. No existing or potential residential units would have views obstructed by the proposed project. The proposed project also includes removing approximately 51 derelict piles along the eastern shoreline and roughly 53 feet of bulkhead and replacing it with a more natural soft-shore cove within 30 feet from shore. Restoration in this area would involve the removal of existing invasive species, adding large woody debris, installing approximately 325 cubic yards of concrete or gravel substrate, large boulders, and installation of 575 square feet of native emergent and upland vegetation (Attachment A). All existing timber pilings would be cut one- foot below the proposed gravel fill or to the existing mudline. The cove has been designed to expand nearshore shallow-water habitat for juvenile salmonids. Additional shoreline activities involve the removal of various structural components throughout the shoreline area, including the following: removal of two (2) dolphins (total of 14 piles); removal of one (1) finger pier (5 feet wide by 17 feet long); abandoning a second City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 3 of 29 recently removed finger pier (5 feet wide by 17 feet long); removal of 10-foot-wide by 14-foot long platform; removal of a total of approximately 179 derelict piles (including dolphins); removal of 290 feet of 12” by 14” horizontal dimensional beams; removal of several drifted logs resting against the bulkhead, and abandoning a recently removed 164-foot long floating walkway (“Log Boom”). Finally, a pump-out facility would be installed on the existing wharf located along the western property boundary that runs perpendicular to the shoreline. Some materials would be transported to and from the site by supply and debris barges. The date of construction would depend on when the necessary government approvals are issued. The in- water work window within Lake Washington at the site is open from July 16th through July 31st and from November 16th to December 31st per the protection policies of the National Marine Fisheries Service (NMFS), U.S. Fish and Wildlife Services (USFWS), and Washington Department of Fish and Wildlife (WDFW) for bull trout, steelhead, and Chinook salmon. The project’s bulkhead repair plan is designed to improve fish habitat and prevent further creosote leaching from the piles into Lake Washington and enhance public shoreline access and recreational opportunities. FINDINGS OF FACT: 1. The applicant is requesting a Shoreline Substantial Development Permit to repair a degraded bulkhead and install fully-grated floats for small watercraft on the shore of Lake Washington. 2. The project is located at Southport, 1053 and 1083 Lake Washington Blvd N, along approximately 580 feet of shoreline bulkhead. 3. The Southport site is 580,888 square feet and is zoned Urban Center (UC) and has a Comprehensive Plan land use designation of Commercial & Mixed Use (CMU). 4. The site is located within a high seismic hazard area and on the shore of Lake Washington (a Shoreline of Statewide Significance). Reach H of Lake Washington is designated as Shoreline High Intensity at the project location. No other critical areas are present on the site. The area located waterward of the ordinary high water mark (OHWM) has a shoreline overlay of Aquatic. 5. Currently, the site is occupied by a 12-story hotel and a 5-story mixed-use apartment complex. The site also includes the ongoing construction of three, 125-foot tall, office buildings. 6. The applicant has proposed site improvements north of the existing and proposed buildings that includes removal of a portion of the bulkhead to facilitate the construction of a shoreline cove, temporary moorage of motorized and non-motorized vessels by adding fully-grated floats, safety enhancements by removing all in-water components of the bulkhead, and installation of multiple “no wake” buoys. 7. The majority of the proposed improvements would be located waterward of the OHWM in the Aquatic Shoreline Environment. The only portion of the project located City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 4 of 29 upland would be the pump-out facility, which would be located in the High Intensity Shoreline Overlay. 8. As proposed, all work would be inside the inner harbor line of Lake Washington. A SEPA Mitigation Measure requires that no wake buoys be located past Bird Island, which would expand this portion of the project outside the inner harbor line. 9. The bulkhead repair would include removing the existing timber piles, waler and spacer and adding a new steel sheet pile wall adjacent to the existing timber sheet pile wall. The area between the new sheet pile wall and the existing sidewalk would be filled to prevent settlement and movement of the sidewalk. The existing sidewalk pavers and guard rail would be extended to the steel pile wall. 10. Additional shoreline activities involve the removal of roughly 179 derelict timber piles (including dolphins), removal of 290 feet of 12-inch by 14-inch horizontal dimensional beams, and abandoning a recently removed 164-foot long floating walkway (“Log Boom”). 11. The project includes the installation of two separate grated piers with grated ramps and float systems for temporary moorage of motorized and non-motorized watercraft. The shorter fully-grated float would be located roughly 105 feet east of the westernmost wharf. The float and access would extend roughly 83 feet from the face of the bulkhead into Lake Washington. A 4’-9” wide by 30-foot long fully-grated ramp would connect the new 6’ by 6’ pier to a 50-foot long by 8-foot-wide float. The western pier, ramp, and float would total approximately 564 square feet of overwater coverage. The larger fully-grated float, located along the eastern portion of the shoreline area, includes a 6’ by 6’ pier, a 36-foot long by 4’-9” wide ramp, and a series of six (6) floats that would extend 120 feet from the bulkhead. The larger float has a reverse F-shape design. The configuration includes a 72-foot long extension from the ramp with two (2) fingers measuring approximately 80’-11” projecting towards the west. The eastern pier, ramp, and floats would total approximately 2,027 square feet of overwater coverage. The float design allows for a minimum 18” of clearance in the nearshore environment. 12. A pump-out facility would be installed on the existing wharf located along the western property boundary that runs perpendicular to the shoreline. 13. Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on October 16, 2017 the Environmental Review Committee issued a Determination of Non-Significance - Mitigated (DNS-M) for Southport Shoreline Modifications. The DNS-M included five (5) mitigation measures. A 14-day appeal period commenced on October 20, 2017 and ended on November 3, 2017. No appeals of the threshold determination have been filed as of the date of this decision (Attachment F). 14. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 5 of 29 are contained in the official file. 15. The project’s bulkhead repair plan is designed to improve fish habitat and prevent further creosote leaching from the piles into Lake Washington and enhance public shoreline access and recreational opportunities. 16. The following table contains project elements intended to comply with the Shoreline Master Program (SMP) bulk and dimensional standards and policies, as outlined in RMC 4-3-090: SHORELINE MASTER PROGRAM CRITERA: A. COMPREHENSIVE PLAN COMPLIANCE AND CONSISTENCY, SHORELINE ELEMENT: The site is located in the Aquatic Shoreline Overlay District and the Shoreline High-Intensity Overlay District. The objective of the Aquatic designation is to protect, restore, and manage the unique characteristics and resources of the areas waterward of the OHWM. The objective of the High Intensity Overlay is to provide opportunities for large-scale office and commercial employment centers as well as multi-family residential use and public services. This district provides opportunities for water-dependent and water-oriented uses while protecting existing ecological functions and restoring ecological functions in areas that have been previously degraded. Development may also provide for public use and/or community use, especially access to and along the water's edge. The proposal is compliant with the following Shoreline policies:  Policy SH-14. Shoreline use and development should be carried out in a manner that prevents or mitigates adverse impacts so that the resulting ecological condition does not become worse than the current condition. This means ensuring no net loss of ecological functions and processes in all development and use. Permitted uses should be designed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline ecological functions that should be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that shall be protected include, but are not limited to, water flow; littoral drift; erosion and accretion; infiltration; ground water recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance.  Objective SH-E. Existing economic uses and activities on the shorelines should be recognized and economic uses or activities that are water-oriented should be encouraged and supported.  Policy SH-18. All economic activities on the shoreline shall provide for no net City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 6 of 29 loss of ecological functions during construction and operation.  Policy SH-F. Increase public accessibility to shorelines and preserve and improve the natural amenities.  Policy SH-25. When making extensive modifications or extensions to existing commercial, industrial, multi-family planned unit developments, or subdivisions, and public facilities, public/community access to and along the water's edge should be provided if physically feasible.  Policy SH-26. Both passive and active public areas should be designed and provided.  Objective SH-G. Water-oriented recreational activities available to the public should be encouraged to the extent that the use facilitates the public’s ability to reach, touch, and enjoy the water's edge, to travel on the waters of the state, and to view the water and the shoreline.  Policy SH-32. Water-oriented recreational activities should be encouraged. 1) Accessibility to the water's edge should be improved in existing parks and new development, substantial alteration of existing non-single family development, and intensification of existing uses where consistent with maintaining ecological functions. 2) A balanced choice of public recreational opportunities should be provided on Lake Washington as a Shoreline of Statewide Significance that recognizes and protects the interest of all people of the state as well as Renton residents. Recreation use includes enjoyment and use of the water from boating and other activities. Shoreline park and recreation areas should be increased in size and number and managed for multiple uses including shoreline recreation and preservation and enhancement of ecological functions. 3) Areas for specialized recreation should be developed at locations where physical and ecological conditions are appropriate. 4) Both passive and active recreational areas should be provided.  Objective SH-I. Provide for protection and restoration of buildings, sites, and areas having archaeological, historical, cultural, scientific, or educational value.  Objective SH-J. Provide for the timely restoration enhancement of shorelines with impaired ecological functions. Such restoration should occur through a combination of public and private programs and actions. This Master Program includes a restoration element that identifies restoration opportunities and facilitates appropriate publicly and privately initiated restoration projects. The City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 7 of 29 goal of this effort is to improve shoreline ecological functions. B. GENERAL DEVELOPMENT STANDARDS: The subject site is classified as Shoreline High Intensity and Aquatic on the City of Renton Shoreline Overlay Map. The following development standards are applicable to the proposal: 1. Environmental Effects: a. No Net Loss of Ecological Functions Compliant if condition of approval is met Shoreline use and development shall be carried out in a manner that prevents or mitigates adverse impacts to ensure no net loss of ecological functions and processes in all development and use. Permitted uses are designed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline ecological functions that shall be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that shall be protected include, but are not limited to, water flow; erosion and accretion; infiltration; groundwater recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. Staff Comment: The project is located waterward of the existing development. The existing development includes a hotel, apartments, and public access trail and easement area over the walkway/promenade that runs parallel to Lake Washington. The provided Lake Study, prepared by The Watershed Company, dated April 2017, concludes that the proposed project would result in no net loss of shoreline ecological functions, provided the multiple mitigation conditions found in the lake study are completed. Including, but not limited to, removing and replacing approximately 53 linear feet of bulkhead with a shoreline cove. The applicant submitted a Structural Observation Report, prepared by GC Engineering, dated April 1, 2016 (Attachment E). Based on the provided report the existing bulkhead, on the south side of Lake Washington, is constructed from a combination of timber and concrete. It was originally constructed in the mid 1920s when the site was originally developed for a previous power plant. The bulkhead retains a sidewalk. The applicant’s engineer is recommending that in order to maintain the integrity of the bulkhead system for the new development that portions of the bulkhead be upgraded. Recommendations include removing the existing timber piles, waler and spacer and adding a new steel sheet pile wall adjacent to the existing timber sheet pile wall. To maintain the stability of the existing ecology blocks and the bank during construction, the City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 8 of 29 engineer is recommending that the existing timber pile be left in place. The area between the new sheet pile wall and the existing sidewalk would need to be filled to prevent settlement and movement of the sidewalk. Finally, the existing sidewalk pavers and guard rail would be extended to the steel pile wall. The engineer estimates that the proposed upgrade to the bulkhead would result in removing all of the existing timber piles, waler and spacer outboard of the bulkhead. According to GC Engineering, the proposed bulkhead upgrade would protect the shoreline and minimize the disturbance to the lake during construction and could increase the operational use for another 50 years or more. The applicant should follow the recommendations included in the provided structural observation report at the time of project construction. During the 14-day public comment period, staff received 10 questions and comments from the Muckleshoot Indian Tribe (Attachment B). These comments were provided to the applicant on October 11, 2016. The applicant elected to revise their Shoreline Substantial Development permit to address project comments. With the revised proposal and implementation of the project specific SEPA mitigation measures, staff anticipates that the proposal would provide no net loss of ecological functions and values consistent with the City of Renton’s Shoreline Master Program. b. Burden on Applicant  Applicants for permits have the burden of proving that the proposed development is consistent with the criteria set forth in the Shoreline Master Program and the Shoreline Management Act, including demonstrating all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not result in net loss of ecological functions. 2. Use Compatibility and Aesthetic Effects: Shoreline use and development activities shall be designed and operated to allow the public’s visual access to the water and shoreline and maintain shoreline scenic and aesthetic qualities that are derived from natural features, such as shoreforms and vegetative cover. a. View Obstruction and Visual Quality N/A View Corridors Required: Where commercial, industrial, multiple use, multi- family and/or multi-lot developments are proposed, primary structures shall provide for view corridors between buildings where views of the shoreline are available from public right-of-way or trails.  Maximum Building Height: Buildings shall be limited to a height of no more City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 9 of 29 than 35 feet above average finished grade level except at specific locations. Staff Comment: The piers, ramps and floats are less than 35 feet in height above the waterline.  Minimum Setbacks for Commercial Development Adjacent to Residential or Park Uses: All new or expanded commercial development adjacent to residential use and public parks shall provide fifteen feet (15') setbacks from adjacent properties to attenuate proximity impacts such as noise, light and glare, and may address scale and aesthetic impacts. Fencing or landscape areas may be required to provide a visual screen. Staff Comment: The bulkhead repair and additional shoreline activities would be located more than 15 feet from the residential use and would enhance public shoreline access and recreational opportunities at the adjacent public park. N/A Lighting Requirements: Display and other exterior lighting shall be designed and operated so as to prevent glare, to avoid illuminating nearby properties used for noncommercial purposes, and to prevent hazards for public traffic. Methods of controlling spillover light include, but are not limited to, limits on the height of light structure, limits on light levels of fixtures, light shields, and screening. Staff Comment: The applicant is not proposing any artificial lighting as part of the Southport Shoreline Modification project.  Reflected Lights to Be Limited: Building surfaces on or adjacent to the water shall employ materials that limit reflected light. Staff Comment: Other projects in the Southport development complex (apartment buildings, hotel, structured parking, and office space) were permitted separately. Concerns about lighting impacts or building materials to limit reflected light were mitigated with the previous projects under Shoreline Development Permit (LUA99-189, SA-A, SM). The project proposal is seeking approval for bulkhead repairs, float and pier installation, removal of derelict in- water piles and cove construction only. Compliant if condition of approval is met Integration and Screening of Mechanical Equipment: Building mechanical equipment shall be incorporated into building architectural features, such as pitched roofs, to the maximum extent feasible. Where mechanical equipment cannot be incorporated into architectural features, a visual screen shall be provided consistent with building exterior materials that obstructs views of such equipment. Staff Comment: A peristaltic pump-out facility would be installed on the existing wharf located along the western property boundary that runs perpendicular to City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 10 of 29 the shoreline. The facility would include a connection to the sewer line under the wharf. The sewer line would ultimately connect to a lift station located between the apartment buildings and hotel. A detail of the pump-out facility was not included in the submitted application material. Staff recommends, as a condition of approval, that the applicant submit a detail of the pump-out facility and associated screening method for review and approval by the City of Renton Project Manager prior to building permit issuance.  Visual Prominence of Freestanding Structures to Be Minimized: Facilities not incorporated into buildings including fences, piers, poles, wires, lights, and other freestanding structures shall be designed to minimize visual prominence. Staff Comment: Project improvements have been designed to minimize visual prominence along the shoreline while enhancing safety for the public.  Maximum Stair and Walkway Width: Stairs and walkways located within shoreline vegetated buffers shall not exceed four feet (4') in width; provided, that where ADA requirements apply, such facilities may be increased to six feet (6') in width. Stairways shall conform to the existing topography to the extent feasible. Staff Comment: The bulkhead retains a lakefront promenade with public access to Lake Washington. The area between the new sheet pile wall and the existing sidewalk would be filled with approximately 70 cubic yards of concrete or gravel to prevent settlement and movement of the existing sidewalk. The sidewalk pavers and guard rail would be extended to the new steel pile wall as part of the bulkhead repair section (Attachment A). b. Community Disturbances:  Noise, odors, night lighting, water and land traffic, and other structures and activities shall be considered in the design plans and their impacts avoided or mitigated. Staff Comment: Noise and vibration impacts would primarily result from removal of the existing piles and the driving of the steel sheet pile wall installed against the existing timber sheet pile wall. Noise impacts are anticipated to be short-term impacts that would be completed within the approved fish windows. The equipment noise would be regulated through the City’s adopted noise level regulations per Chapter 8-7, RMC. The City’s noise regulations limit haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. Work on Saturdays is restricted to the hours between nine o’clock (9:00) a.m. and eight o’clock (8:00) p.m. No work is permitted on Sundays. The applicant indicates that all the construction noise impacts are anticipated City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 11 of 29 to occur during normal daytime working hours and may occur on nights and/or weekends in order to complete the project within the restricted fish window (no in-water construction work would occur from January 1st through July 15th and August 1st through November 15th). The short construction window allowed by NOAA Fisheries and USFWS dictates the impacts would be temporary. No unusual noise impacts, odor, night lighting, water and land traffic, or other structures and activities are proposed that would require further levels of mitigation. 3. Public Access Physical or visual access to shorelines shall be incorporated in all new development when the development would either generate a demand for one or more forms of such access, would impair existing legal access opportunities or rights, or is required to meet the specific policies and regulations of the Shoreline Master Program. a. Design Criteria for Public Access Sites  Access Requirements for Over-Water Structures: Public access on over-water structures on public aquatic lands, except for docks serving a single family residence, shall be provided and may include common use of walkway areas. Moorage facilities serving five (5) or more vessels shall provide a publicly accessible area of at least ten feet (10') at or near the end of the structure. Public access areas may be used in common by other users, but may not include adjacent moorage that obstructs public access to the edge of the water or obstructs views of the water. Staff Comment: Two (2) separate floats are proposed at Southport. The floats are intended to provide access opportunities for motorized and non-motorized watercraft. Both floats would be available for use by the public. Thus, full public access would be provided. b. Public Access Development Standards  Parking Requirements: Where public access is within four hundred feet (400') of a public street, on-street public parking shall be provided, where feasible. For private developments required to provide more than twenty (20) parking spaces, public parking may be required in addition to the required parking for the development at a ratio of one space per one thousand (1,000) square feet of public access area up to three (3) spaces and at one space per five thousand (5,000) square feet of public access area for more than three (3) spaces. Parking for public access shall include the parking spaces nearest to the public access area and may include handicapped parking if the public access area is City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 12 of 29 handicapped accessible. Staff Comment: The two (2) proposed floats total 2,591 square feet (564 square feet western float, 2,027 square feet eastern float). Accordingly, three (3) public parking spaces would be required. The Southport development includes 21 on- street parallel parking spaces along the main Southport access road. The nearest parking space is located between the Hyatt Regency Hotel at Southport and Bristol 1 apartments, approximately 150 feet from the shoreline and outside the vegetated buffers. The demand for public parking, directly attributed to the proposed shoreline improvements, is expected to be minimal. c. Public Access Requirements by Reach:  Lake Washington (Reach H): Public access should continue in the future as part of multi-use development of the balance of the property consistent with standards of this Section. Development should include supporting water- oriented uses and amenities such as seating and landscaping. 4. Building and Development Location – Shoreline Orientation Shoreline developments shall locate the water-dependent, water-related, and water- enjoyment portions of their developments along the shoreline. Development and use shall be designed in a manner that directs land alteration to the least sensitive portions of the site to maximize vegetation conservation; minimize impervious surfaces and runoff; protect riparian, nearshore and wetland habitats; protect wildlife and habitats; protect archaeological, historic and cultural resources; and preserve aesthetic values. a. Design and Performance Standards: Compliant if SEPA mitigation measure is met Location of Development: Development and use shall be designed in a manner that directs land alteration to the least sensitive portions of the site. Staff Comment: Project development includes removing approximately 53 feet of bulkhead and replacing it with a more natural soft-shore cove within 30 feet from shore. Restoration in this area would involve the removal of existing invasive species, adding large woody debris, installing approximately 325 cubic yards of concrete or gravel substrate, large boulders, and installation of 575 square feet of native emergent and upland vegetation. In addition, the applicant would be required to comply with conditions of the provided reports and SEPA mitigation measures. If all conditions are met the development would be implemented in a manner that directs land alteration to the least sensitive portion of the site.  Location for Accessory Development: Accessory development or use that does not require a shoreline location shall be located outside of shoreline City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 13 of 29 jurisdiction unless such development is required to serve approved water- oriented uses and/or developments or unless otherwise allowed in a High Intensity designation. When sited within shoreline jurisdiction, uses and/or developments such as parking, service buildings or areas, access roads, utilities, signs and storage of materials shall be located inland away from the land/water interface and landward of water-oriented developments and/or other approved uses unless a location closer to the water is reasonably necessary.  Navigation and Recreation to Be Preserved: Shoreline uses shall not deprive other uses of reasonable access to navigable waters. Existing water-related recreation shall be preserved. Staff Comment: The project would not deprive other uses of reasonable access to navigable waters and existing water-related recreation would be preserved. 5. Archaeological, Historical, and Cultural Resources: Compliant if SEPA mitigation measure is met Detailed Cultural Assessments May Be Required: The City will work with tribal, State, Federal, and other local governments as appropriate to identify significant local historical, cultural, and archaeological sites in observance of applicable State and Federal laws protecting such information from general public disclosure. Detailed cultural assessments may be required in areas with undocumented resources based on the probability of the presence of cultural resources. Staff Comment: The project proposal and notice of application were provided to reviewing agencies including the State Department of Archaeology & Historic Preservation (DAHP) as part of the SEPA review process. During the project comment period, comments were received from the Muckleshoot Indian Tribe Fisheries Division (Attachment F, Exhibit 8). The applicant made revisions to the project in order to address agency comments (Attachment F, Exhibit 10). No comments were received from the Washington State Department of Archeology and Historic Preservation. The northern portion of the site was once under the surface of Lake Washington. Based on the probability of the subject site being located along the lake shore there is a higher likelihood of cultural resources discovery through ground disturbing activity. A SEPA mitigation measure includes that if any Native American grave(s) or archaeological/cultural resources (Indian artifacts) are found all construction activity shall stop in accordance with RCW 27.53.060 and 27.44.020, and the owner/developer shall immediately notify the City of Renton planning department, concerned Tribes’ cultural committees, and the Washington State Department of Archeology and Historic Preservation. Compliant Coordination Encouraged: Owners of property containing identified or City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 14 of 29 if SEPA mitigation measure is met probable historical, cultural, or archaeological sites are encouraged to coordinate well in advance of application for development to assure that appropriate agencies such as the Washington State Department of Archaeology and Historic Preservation, affected tribes, and historic preservation groups have ample time to assess the site and identify the potential for cultural resources. Staff Comment: See comment above. Compliant if SEPA mitigation measure is met Detailed Cultural Assessments Required: Upon receipt of application for a development in an area of known or probable cultural resources, the City shall require a site assessment by a qualified professional archaeologist or historic preservation professional and ensure review by qualified parties including the Washington State Department of Archaeology and Historic Preservation, affected tribes, and historic preservation groups. Staff Comment: See comment above. Compliant if SEPA mitigation measure is met Work to Stop Upon Discovery: If historical, cultural, or archaeological sites or artifacts are discovered in the process of development, work on that portion of the site shall be stopped immediately, the site secured, and the find reported as soon as possible to the Administrator of the Department of Community and Economic Development or designee. Upon notification of such find, the property owner shall notify the Washington State Department of Archaeology and Historic Preservation and affected tribes. The Administrator of the Department of Community and Economic Development or designee shall provide for a site investigation by a qualified professional and may provide for avoidance, or conservation of the resources, in coordination with appropriate agencies. Staff Comment: See comment above. Compliant if SEPA mitigation measure is met Access for Educational Purposes Encouraged: Land owners are encouraged to provide access to qualified professionals and the general public if appropriate for the purpose of public education related to a cultural resource identified on a property. Staff Comment: See comment above. 6. Standards for Density, Setbacks, and Height – Activities Exempt from Buffers and Setbacks The following development activities are not subject to buffers and setbacks; provided, that they are constructed and maintained in a manner that minimizes adverse impacts on shoreline ecological functions; and provided further, that they comply with all the applicable regulations in RMC Title IV. City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 15 of 29 Exempt Water-Dependent Development: Those portions of approved water-dependent development that require a location waterward of the OHWM of streams, rivers, lakes, ponds, marine shorelines, associated wetlands, and/or within their associated buffers. Staff Comment: Water-Dependent Development is an activity exempt from buffers and setbacks. The piers and floats are facilities constructed primarily for residents of the site and hotel guests to utilize small motorized watercraft, kayaks, canoes, and other small non-motorized vessels within the waters of Lake Washington. Shoreline modifications are proposed to repair the existing bulkhead, improve in-water ecological conditions, accommodate temporary moorage and allow for expanded recreational use of the shoreline for public use. N/A Vegetation Conservation Buffer: Water bodies defined as shorelines shall have a minimum one hundred foot (100') vegetation management buffer measured from the OHWM of the regulated shoreline of the State. Areas approved for water-dependent use or public access may be excluded from vegetated buffer if the approval is granted through review of a Substantial Development Permit; provided, that the area excluded is the minimum needed to provide for the water-dependent use or public access. Staff Comment: As noted above, the pier and dock proposal would be exempt from buffers. However, to ensure the project results in no net loss of ecological functions the applicant has proposed replacing 53 feet of bulkhead with a shoreline cove to offset other shoreline impacts. Restoration in this area would involve the removal of existing invasive species, adding large woody debris, installing approximately 325 cubic yards of concrete or gravel substrate, large boulders, and installation of 575 square feet of native emergent and upland vegetation. The shoreline cove would add vegetation in the buffer area that does not exist today.  Aquatic Building Height – Maximum: In water – 35 ft. Additional height may be allowed if essential to the function of a water- dependent use.  High Intensity Building Height – Maximum: In water – 35 ft. Within 100 feet of OHWM – 35 ft. More than 100 feet from the OHWM – 35 ft. City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 16 of 29 Additional height may be allowed if essential to the function of a water- dependent use. Height up to that established in chapter 4-2 RMC, Zoning Districts – Uses and Standards, may be allowed for non-water-dependent uses in the following reaches: Lake Washington Reaches C, H, I, and J; Cedar River Reaches A, B, and C; Black River Reach A; May Creek Reach B; and Springbrook Creek Reaches B, C, and D: For buildings landward of one hundred feet (100') from OHWM, the maximum building height shall be defined by a maximum allowable building height envelope that shall: i. Begin along a line laying parallel to and one hundred feet (100') from OHWM at a height of either thirty five feet (35') or one half (1/2) the maximum height allowed in the underlying zone, whichever is greater; and ii. Have an upward, landward transition at a slope of one vertical to one horizontal from the beginning height either (a) until the line at which the maximum height allowed in the underlying zoning in chapter 4-2 RMC is reached (from which line the height envelope shall extend landward at the maximum height allowed in the underlying zoning), or (b) to the end of shoreline jurisdiction, whichever comes first.  Impervious area within the Buffer/Setback: 5% Staff Comment: See comments above under “Vegetation Conservation Buffer” in Section B.6.  Impervious area within 100 feet of the OHWM: 75% Staff Comment: See comments above under “Vegetation Conservation Buffer” in Section B.6. 7. Use Regulations: a. Boat Launches:  A boat launch is permitted outright if the use is water-dependent. Staff Comment: All of the proposed improvements were designed to improve public shoreline access and recreational opportunities. The shoreline cove would be constructed to provide a public launching point from the gravel substrate for non-motorized watercraft, such as canoes and kayaks. No motorized boat launching from a trailer would occur onsite. Water currents and wave action at Southport are suitable for the water and shore activities. The shoreline cove, ramps and floating docks are all designed so as to allow for ease of access to the water with minimal impact on the shoreline City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 17 of 29 and water surface. There is adequate on-shore parking and maneuvering areas created through the construction of the structured parking constructed for the Southport hotel and offices. The applicant would provide on-street public parking spaces for general public access to the shoreline along the main Southport access road. See also comments above under “Location of Development” in Section B.4.a and “Water-Dependent Development” comments in Section B.6. b. Boat Moorage:  Boat Moorage is permitted outright if the use is water-dependent. Staff Comment: The proposed floats would accommodate temporary moorage only; no permanent moorage, water-taxi or boat storage is proposed as part of this project. No new covered moorage or other covered overwater moorage is proposed. The purpose of the project design is to enhance public shoreline access and recreational opportunities for temporary moorage of motorized and non-motorized watercraft. See also comments above under “Location of Development” in Section B.4.a and “Water-Dependent Development” comments in Section B.6. The applicant submitted a recreational dock facility passing vessel wave review, prepared by Mott MacDonald, dated December 19, 2016 (Attachment F, Exhibit 7). The memorandum reviewed small vessels that presently use the basin, such as a canoe, kayak, row boat, wind surfer boards, paddle boards, or Jet Ski. The applicant would be required to complete a separate permit and perform additional studies should larger vessels, such as a water-taxi, be introduced to the Southport shoreline in order to identify and mitigate the impacts of larger motorized vessels. Thus, this Southport Shoreline Modifications permit is not applicable to a water-taxi at Southport. c. Marinas: i. Lake Washington: Marinas on Lake Washington shall be permitted only when:  Detailed analysis of ecological conditions demonstrate that they will not result in a net loss of ecological functions and specifically will not interfere with natural geomorphic processes including delta formation, or adversely affect native and anadromous fish. Staff Comment: Detailed analysis of ecological conditions demonstrate that there would be no net loss of ecological function, as demonstrated under the “No Net Loss of Ecological Functions” comments under Section B.1.a. City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 18 of 29  Future dredging is not required to accommodate navigability. Staff Comment: Water depth in the vicinity of the proposed floats ranges from 8-17 feet deep. The existing water depth is sufficient to support the intended vessels who would use the proposed floats. Most motorized recreational watercraft on Lake Washington draft at less than three feet (3’) of water. Therefore, no dredging would be required to accommodate the proposed improvements and the developer is not anticipating any future maintenance dredging at the site.  Adequate on-site parking is available commensurate with the size and character of moorage facilities provided in accordance with the parking standards in RMC 4-4-080F. Parking areas not associated with loading areas shall be sited as far as feasible from the water’s edge and outside of vegetated buffers described in subsection F1 of RMC 4-3-090, Vegetation Conservation. Staff Comment: See comments above under “Parking Requirements” in Section B.3.b.  Adequate water area is available commensurate with the actual moorage facilities provided. Staff Comment: Lake Washington is the largest lake in King County and the second largest natural lake in the state of Washington. The lake borders the cities of Renton, Seattle, Kenmore, Bellevue, and encloses Mercer Island. The lake is 33.8 square miles in size, making it more than large enough to accommodate moorage facilities. The waterfront area located in front of Southport is approximately 580 feet across. This area provides adequate space for vessels to utilize the two (2) new proposed floats.  The location of the moorage facilities is adequately served by public roads. Staff Comment: The location of the new facilities is adequately served by Lake Washington Blvd N, Coulon Beach Park Drive and Southport access road. The future extension of Park Ave N to 1095 Lake Washington Blvd N would improve public access to the lake. ii. Location Criteria:  Marinas shall not be located near beaches commonly used for swimming unless no alternative location exists, and mitigation is provided to minimize impacts to such areas and protect the public health, safety, and welfare. Staff Comment: No swimming would be allowed in front of the Southport site. The applicant is proposing to remove all existing ladders at the site. Therefore, the proposed new floats would not be located directly near any areas commonly City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 19 of 29 used for swimming. The closest swimming area is located at Gene Coulon Memorial Beach Park, approximately 300 feet northeast of the easternmost float. Once installed, the floats would be separated from the swimming area at Gene Coulon Memorial Beach Park by Bird Island, a log boom, a floating pier, and a swim-line. These features ensure that watercraft and swimmers would not be allowed within the same areas. The closest boat launch to the park’s swimming area is located at Gene Coulon Memorial Beach Park.  Marinas and accessory uses shall be located only where adequate utility services are available, or where they can be provided concurrent with the development. Staff Comment: The proposed floats are intended to be utilized by motorized and non-motorized watercraft. However, if necessary, all major utilities are available on the property.  Marinas, launch ramps, and accessory uses shall be designed so that lawfully existing or planned public shoreline access is not unnecessarily blocked, obstructed, nor made dangerous. Staff Comment: The proposed floats would not negatively impact lawfully planned or existing shoreline access. The proposed improvements are designed to improve public shoreline access. iii. Design Requirements:  Marinas shall be designed to result in no net loss of ecological functions. Staff Comment: The proposed project is designed to result in no net loss of ecological functions. See also comments above under “No Net Loss of Ecological Functions” in Section B.1.a.  Marinas and boat launches shall provide public access for as many water- dependent recreational uses as possible, commensurate with the scale of the proposal. Features for such access could include, but are not limited to: docks and piers, pedestrian bridges to offshore structures, fishing platforms, artificial pocket beaches, and underwater diving and viewing platforms. Staff Comment: The proposed improvements are designed with the intent of improving public shoreline access. The proposed floats would support recreational access by providing temporary motorized and non-motorized boat moorage. In addition, the project includes bulkhead repair to provide better shoreline access and viewing while enhancing safety for the Southport guests, employees and visitors. City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 20 of 29  Dry upland boat storage is preferred for permanent moorage in order to protect shoreline ecological functions, efficiently use shoreline space, and minimize consumption of public water surface areas unless: (a) No suitable upland locations exist for such facilities; or (b) It is demonstrated that wet moorage would result in fewer impacts to ecological functions; or (c) It is demonstrated that wet moorage would enhance public use of the shoreline. Staff Comment: The proposed floats would accommodate temporary moorage only; no moorage or boat storage is proposed.  Marinas, launch ramps, and accessory uses shall be located and designed with the minimum necessary shoreline stabilization.  Public access shall be required in accordance with the “Public Access” section. Staff Comment: See comments under “Public Access” in Section B.3.  Piers and docks shall meet standards in subsection E7 of RMC 4-3-090, Piers and Docks. Staff Comment: See comments under “Piers and Docks” in Section B.7.d. N/A New covered moorage for boat storage is prohibited. Covered over-water structures may be permitted only where vessel construction or repair work is to be the primary activity and covered work areas are demonstrated to be the minimum necessary over-water structures. When feasible any covered over- water structures shall incorporate windows, skylights, or other materials to allow sufficient light to reach the water’s surface. Staff Comment: No new covered moorage or other covered overwater moorage is proposed. iv. Operation Requirements:  Marinas and other commercial boating activities shall be equipped with facilities to manage wastes, including: (c) Garbage or litter receptacles shall be provided and maintained by the operator at locations convenient to users. (e) Public notice of all regulations pertaining to handling and disposal of waste, sewage, fuel, oil or toxic materials shall be reviewed and approved and posted where all users may easily read them. City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 21 of 29 Staff Comment: Waste receptacles would be provided and maintained by the operator at locations convenient to users. As necessary, signage would be placed in high-traffic areas in a visible location to notify users of all regulations pertaining to the handling and disposal of waste, sewage, fuel, oil and toxic materials. d. Piers and Docks:  Piers and docks shall be designed to minimize interference with the public use and enjoyment of the water surface and shoreline, nor create a hazard to navigation. Staff Comment: The project’s design increases public access opportunities and the public use and enjoyment of the water surface and shoreline. See comments above under “Navigation and Recreation to be Preserved” in Section B.4.a.  The dock or pier shall not result in the unreasonable interference with the use of adjacent docks and/or piers. Staff Comment: The project location and design is anticipated to compliment, not interfere with the use of associated piers, docks or wharfs.  The use of floating docks in lieu of other types of docks is to be encouraged in those areas where scenic values are high and where substantial conflicts with recreational boaters and fishermen will not be created. Staff Comment: The project has been minimized to the greatest extent feasible in that anchored, fully-grated floats were chosen over piers. The grating allows light to penetrate to the water. Floating docks were used by the applicant in an effort to minimize impacts to the lake environment and preserve scenic views. Anchoring the floats, as opposed to installing multiple new pilings, would reduce the temporary noise impacts during installation. The publicly accessible floating docks would provide moorage for recreational boaters. No conflicts are anticipated with fishermen or the like.  The expansion of existing piers and docks is preferred over the construction of new. Staff Comment: Where possible, the project would expand the existing deck on the east side of the shoreline to a small pier and ramp leading to the six (6) fully- grated floats. A second 6’ by 6’ pier would connect the walkway to the smaller western floats. The float design allows for a minimum 18” of clearance in the nearshore environment. The proposal has utilized the existing piers and docks to the extent feasible to achieve their intended purpose. The site currently lacks floating moorage adequate for use by non-motorized watercraft. Both floats, City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 22 of 29 ramps and small piers would be covered with light-transmitting decking.  The responsibility rests on the applicant to affirmatively demonstrate the need for the proposed pier or dock in his/her application for a permit, except for a dock accessory to a single family residence on an existing lot. Staff Comment: The proposed float is sized to accommodate current and anticipated demand at the site. The Southport development complex, when fully completed, will include a 347-room hotel, 383 apartment units, 24,138 square feet of retail space and over 720,000 square feet of office space. The proposed floats are also in the vicinity of Gene Coulon Memorial Beach Park. The 57-acre park draws large crowds in the summer. According to the applicant, if the eastern float system were reduced in size and scale, similar to the western floats, the available temporary watercraft moorage would be inadequate and require future expansion. The total amount of proposed overwater coverage (approximately 2,027 square feet) has been reduced based on project revisions submitted by the applicant on April 12, 2017. As a result of the identified uses at and near the site, the applicant has demonstrated the need for the proposed moorage facilities to accommodate this level of demand. Compliant if SEPA mitigation measures are met All piers and docks shall result in no net loss of ecological functions. Docks, piers, and mooring buoys, including those accessory to single family residences, shall avoid, or if that is not possible, minimize and mitigate adverse impacts to shoreline ecological functions such that no net loss of ecological functions results. Staff Comment: The applicant prepared a Biological Evaluation for Fish and Wildlife Species (Biological Study) and a Lake Study, both prepared by The Watershed Company (Attachments C and D, respectively). According to the Lake Study, the proposed improvements, when considered with the proposed mitigation would result in no net loss of ecological function based upon best available science. The report concludes that the construction would remove and replace the existing bulkhead with a shoreline cove to improve shoreline functions and removal of the existing derelict piles and piers, which would result in an improvement in water quality, while habitat and hydrological functions would be maintained. N/A Over-water construction not required for moorage purposes is regulated as a recreation use.  New or expanded piers and docks allowed for water-dependent uses shall be consistent with the following criteria: (a) Water-dependent uses shall specify the specific need for over-water location and shall be restricted to the minimum size necessary to meet the City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 23 of 29 needs of the proposed water-dependent use. (b) Water-related, water-enjoyment and multiple uses may be allowed as part of a dock or pier to serve as water-dependent use structures where they are clearly auxiliary to and in support of water-dependent uses, provided the minimum size requirement needed to meet the water-dependent use is not violated. (c) Public access is required over all docks utilizing public aquatic lands that serve water-dependent uses, water-enjoyment uses and multiple uses, provided it does not preclude the water-dependent use. (d) The dock or pier length shall not extend beyond a length necessary to provide reasonable and safe moorage. Staff Comment: The purpose of the project design is to enhance public shoreline access and recreational opportunities through the construction of two (2) separate grated ramp and float systems for temporary moorage of motorized and non-motorized watercraft. In order for recreational watercraft to moor at the site, overwater floats would be necessary. The bulkhead and associated fixed-pile docks, are elevated approximately 3 feet (3’) above the typical lake high water level. This elevation level would preclude moorage of personal, non- motorized and small motorized watercraft at the existing facilities. Additionally, the existing in-water bulkhead support infrastructure, especially the support piles, precludes safe moorage of vessels. As specified above, the large ongoing development would result in a substantial increase in demand for shoreline access, including temporary moorage for watercraft. According to the applicant, the proposed floats are designed to be the minimum necessary to accommodate current and anticipated future demand. The amount of public boat moorage in Lake Washington is extremely limited. The only public moorage available on the lake is at Tracy Owen Station at Log Boom Park in Kenmore (20), Kirkland Marina Park (53), Bellevue Marina at Meydenbauer Bay (14), and Gene Coulon Memorial Beach Park (12). Combined, these public moorages only provide room for 99 boats, with only 12 of them being provided within the entire southern Lake Washington area. Additional public moorage in Lake Washington, especially in the vicinity of the Southport residential, hotel, and business complex is needed. Based on anticipated demands, the float length does not extend beyond a length necessary to provide reasonable and safe moorage. Therefore, the proposed floats would provide a significant increase in the amount of publicly available moorage in the southern portion of Lake Washington. e. Design Criteria – General: City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 24 of 29  Pier Type: All piers and docks shall be built of open pile construction except that floating docks may be permitted where there is no danger of significant damage to an ecosystem, where scenic values are high and where one or more of the following conditions exist: (a) Extreme water depth, beyond the range of normal length piling. (b) A soft bottom condition, providing little support for piling. (c) Bottom conditions that render it not feasible to install piling. Staff Comment: The small pier additions would be built of open pile construction. The fully-grated floating docks provided recreational opportunities for small motorized and non-motorized watercraft without posing a risk to the ecosystem.  Construction and Maintenance: All piers and docks shall be constructed and maintained in a safe and sound condition. Staff Comment: The project seeks to enhance safety by removing all in-water components. New construction would be completed and maintained in a safe and sound condition by the owner operator.  Approach: Approaches to piers and docks shall consist of ramps or other structures that span the entire foreshore to the point of intersection with stable upland soils. Limited fill or excavation may be allowed landward of the OHWM to match the upland with the elevation of the pier or dock. Staff Comment: The new construction would result in the enhancement of the shoreline. The approaches to existing piers would be improved through design of the bulkhead repair, construction of the new piers, ramps, and floats.  Materials: Applicants for the new construction or extension of piers and docks or the repair and maintenance of existing docks shall use materials that will not adversely affect water quality or aquatic plants and animals over the long term. Materials used for submerged portions of a pier or dock, decking, and other components that may come in contact with water shall be approved by applicable State agencies for use in water to avoid discharge of pollutants from wave splash, rain or runoff. Wood treated with creosote, pentachlorophenol or other similarly toxic materials is prohibited. Pilings shall be constructed of untreated materials, such as untreated wood, approved plastic composites, concrete or steel. Staff Comment: The new construction and extension of piers uses materials that would not adversely affect water quality or aquatic plants and animals over the long term. Materials used for submerged portions of new pier and bulkhead City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 25 of 29 would be approved by State agencies with permitting authority.  Pilings: Pile spacing shall be the maximum feasible to minimize shading and avoid a “wall” effect that would block or baffle wave patterns, currents, littoral drift, or movement of aquatic life forms, or result in structure damage from driftwood impact or entrapment. The first piling set shall be spaced at the maximum distance feasible to minimize shading and shall be no less than eighteen feet (18'). Pilings beyond the first set of piles shall minimize the size of the piles and maximize the spacing between pilings to the extent allowed by site-specific engineering or design considerations. Staff Comment: The two new 6’ by 6’ piers only required two 8” steel piles to complete the approach from the existing deck to the fully-grated ramp. The proposed design is the minimum size and spacing necessary to complete a safe pedestrian connection from the promenade to the floats on the lake.  Minimization of Nearshore Impacts: In order to minimize impacts on nearshore areas and avoid reduction in ambient light level: (a) The width of piers, docks, and floats shall be the minimum necessary to serve the proposed use. (b) Ramps shall span as much of the nearshore as feasible. (c) Dock surfaces shall be designed to allow light penetration. (d) Lights shall avoid illuminating the water surface. Lighting facilities shall be limited to the minimum extent necessary to locate the pier or dock at night for docks serving residential uses. Lighting to serve water-dependent uses shall be the minimum required to accommodate the use and may not be used when the water-dependent aspects of the use are not in operation. Staff Comment: The proposed project minimizes impacts on nearshore areas through design by limiting the width of the new piers, docks and float to serve the proposed use. The ramps span as much of the nearshore as feasible. The grated material used in the floats and decks allows light penetration to the lake. No lighting is proposed as part of this project.  Other Agency Requirements: If deviation from the design standards specified in subsection E7 of RMC 4-3-090, Piers and Docks, is approved by another agency with permitting authority, such as the Washington Department of Fish and Wildlife or the U.S. Army Corps of Engineers, it shall be approved with a variance, subject to all conditions and requirements of those permitting agencies. Staff Comment: The project would require a Section 10/404 nationwide Permit through the U.S. Army Corps of Engineers, a Water Quality Certification and City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 26 of 29 Coastal Zone Management Consistency Determination with the Department of Ecology, and a Hydraulic Project Approval with Washington Department of Fish and Wildlife. f. Design Standards: Commercial and Industrial Docks – Water-Dependent Uses Water-dependent commercial and industrial uses may develop docks and piers to the extent that they are required for water-dependent use.  Length: Minimum needed to serve specific vessels or other water-dependent uses specified in the application. Maximum: 120 feet from OHWM. Facilities adjacent to a designated harbor area: The dock or pier may extend to the lesser of: a) The general standard, above; or b) The inner harbor line or such point beyond the inner harbor line as is allowed by formal authorization by the Washington State Department of Natural Resources (DNR) or other agency with jurisdiction. Staff Comment: A significant increase in demand for shoreline access is anticipated due to recently completed and ongoing development in the area. The proposed floats and shoreline access improvements are designed to be the minimum necessary to accommodate the anticipated demand. The two shoreline floats will extend 83 feet and 120 feet, respectively, from the OHWM.  Width: Maximum walkway: 8 ft., but 12 ft. if vehicular access is required for the approved use. Staff Comment: The maximum walkway for the floats would be 8 feet wide. Vehicular access is not required for the proposed use.  Setbacks: No portion of a pier or dock may lie closer than 30 ft. to an adjacent property line. Staff Comment: The proposed floating docks would be located more than 30 feet from the neighboring property lines. The closest new float would be located approximately 45 feet from the eastern property line. 8. Shoreline Modification: a. Landfill and Excavation: Criteria for Allowing Landfills and Excavations Below Ordinary High Water Mark: Landfills and excavations shall generally be prohibited below the OHWM, except for the following activities, and in conjunction with documentation of no City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 27 of 29 Compliant if SEPA mitigation measures are met net loss of ecological functions as documented in appropriate technical studies: i. Beach or aquatic substrate replenishment in conjunction with an approved ecological restoration activity; ii. Replenishing sand on public and private community beaches; iii. Alteration, maintenance and/or repair of existing transportation facilities and utilities currently located within shoreline jurisdiction, when alternatives or less impacting approaches are not feasible; iv. Construction of facilities for public water-dependent uses or public access; when alternatives or less impacting approaches are not feasible; and provided, that filling and/or excavation are limited to the minimum needed to accommodate the facility; v. Activities incidental to the construction or repair of approved shoreline protection facilities, or the repair of existing shoreline protection facilities; vi. Approved flood control projects; vii. In conjunction with a stream restoration program including vegetation restoration; and viii. Activities that are part of a remedial action plan approved by the Department of Ecology pursuant to the Model Toxics Control Act, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or otherwise authorized by the Department of Ecology, U.S. Army Corps of Engineers, or other agency with jurisdiction, after review of the proposed fill for compliance with the policies and standards of the Shoreline Master Program. Staff Comment: The applicant is proposing to remove approximately 53 feet of existing bulkhead along the eastern shoreline and replace it with a more natural soft-shore cove within 30 feet of the shore. Restoration in this area would involve the removal of existing invasive species, adding large woody debris, installing approximately 325 cubic yards of concrete or gravel substrate, large boulders, and installation of 575 square feet of native emergent and upland vegetation. The cove has been designed to expand nearshore shallow-water habitat for juvenile salmonids. In addition, the bulkhead repair would include removing the existing timber piles, waler and spacer and adding a new steel sheet pile wall adjacent to the existing timber sheet pile wall. The area between the new sheet pile wall and the existing sidewalk would be filled to prevent settlement and movement of the sidewalk. The existing sidewalk pavers and guard rail would be extended to the steel pile wall. Detailed analysis of ecological conditions demonstrate that there would be no net loss of ecological function, as demonstrated under the “No Net Loss of Ecological Functions” comments under Section B.1.a. City of Renton Department of Community & Economic Development Shoreline Management Permit SOUTHPORT SHORELINE MODIFICATIONS LUA16-000614, ECF, SM DATE OF PERMIT: December 5, 2017 Page 28 of 29 b. Shoreline Stabilization:  Repair of Existing Structures: An existing shoreline stabilization structure may be repaired as long as it serves to perform a shoreline stabilization function for a legally established land use. Staff Comment: The engineer estimates that the proposed upgrade to the bulkhead would result in removing all of the existing timber piles, waler and spacer outboard of the bulkhead. According to CG Engineering, the proposed bulkhead upgrade would minimize the disturbance to the lake during construction and could increase the operational use for another 50 years or more. The bulkhead repair serves to perform a shoreline stabilization function for the legally established uses of the hotel, offices and apartment units at Southport. Development of this project shall be undertaken pursuant to the following terms and conditions: 1. The applicant shall comply with the five (5) SEPA mitigation measures issued as part of the Determination of Non-Significance Mitigated, dated October 16, 2017. 2. The applicant shall submit a detail of the pump-out facility and an associated screening method for review and approval by the City of Renton Project Manager prior to building permit issuance. 3. The piers, floats and shoreline cove shall be made available to the public and serve as public access to the shoreline. They shall not be made private with restricted access by any means. This Permit is granted pursuant to the Shoreline Management Action of 1971 and pursuant to the following: 1. The issuance of a license under the Shoreline Management Act of 1971 shall not release the applicant from compliance with federal, state, and other permit requirements. 2. This permit may be rescinded pursuant to Section 14(7) of the Shoreline Management Act of 1971 in the event the permittee fails to comply with any condition(s) hereof. 3. Construction permits shall not be issued until twenty-one (21) days after approval by the Washington State Department of Ecology or until any review proceedings initiated within this twenty-one (21) day review period have been completed. CityofRentonDeportmentofCommunity&EconomicDevelopmentShorelineMonogementPermitSOUTHPORTSHORELINEMODIFICATIONSLUA6-000614,ECF,SMDATEOFPERMIT:December5,2017Page29of29DATEOFDECISIONONLANDUSEACTION:SIGNATURE:_________________________IIqwiJenniferHenimh’g,AICP,PlanningD)r’ectorDateDepartmentofCommunity&EconomicDevelopmentAPPEALS:AppealsofShorelineSubstantialDevelopmentPermitissuancemustbemadedirectlytotheShorelinesHearingsBoard.Appealsaremadebyfilingarequestinwritingwithinthetwenty-one(21)daysofreceiptofthefinalorderandconcurrentlyfilingcopiesofsuchrequestwiththeWashingtonStateDepartmentofEcologyandtheAttorneyGeneral’sofficeasprovidedinsection18(1)oftheShorelinesManagementActof1971.AllcopiesofappealnoticesshallalsobefiledwiththeCityofRentonPlanningDivisionandtheCityClerk’soffice.EXPIRATION:UnlessadifferenttimeperiodisspecifiedintheshorelinepermitasauthorizedbyRCW90.58.143andsubsectioniiofRMC4-9-190,constructionactivities,orauseoractivity,forwhichapermithasbeengrantedpursuanttothisMasterProgrammustbecommencedwithintwo(2)yearsoftheeffectivedateofashorelinepermit,ortheshorelinepermitshallterminate,andanewpermitshallbenecessary.However,thePlanningDivisionmayauthorizeasingleextensionforaperiodnottoexceedoneyearbasedonreasonablefactors,ifarequestforextensionhasbeenfiledwiththePlanningDivisionbeforetheexpirationdate,andnoticeoftheproposedextensionisgiventopartiesofrecordandtheWashingtonStateDepartmentofEcology.DEFINITIONOFCOMMENCEMENTOFCONSTRUCTIONACTIVITIES:theconstructionapplicationsmustbesubmitted,permitsmustbeissued,andfoundationinspectionsmustbecompletedbeforetheendofthetwo(2)yearperiod.Attachments:A)SouthportShorelineImprovementPlans,revisedMarch28,2017(Sheets1-9)B)AgencyComments,MuckleshootIndianTribe,FisheriesDivision:WalterC)BiologicalEvaluationforFishandWildlifeSpecies,preparedbyTheWatershedCompany,datedJune2016D)LakeStudy,preparedbyTheWatershedCompany,datedAugust2016E)StructuralObservationReport,preparedbyGCEngineering,datedApril1,2016F)EnvironmentalReviewCommitteeReportwithExhibits1-15,datedOctober16,2017cc:AttorneyGeneral’sOfficeKarenWalter,MuckleshootIndianTribeFisheriesDept.MichaelChrist/OwnerRocaleTimmons/ApplicantKennyBooth/ContactCityofRentonOfficialFile 1 Clark Close From:Karen Walter <KWalter@muckleshoot.nsn.us> Sent:Wednesday, October 05, 2016 11:10 AM To:Clark Close Cc:ROACH, VIVIAN (DNR); SHOEMAKER, MONICA (DNR); Joe.Burcar@ecy.wa.gov; rebekah.padgett@ecy.wa.gov; Reinbold, Stewart G (DFW); White, Kaitlyn R NWS Subject:RE: City of Renton(SEPA) Notice of Application - Southport Shoreline Modifications, LUA16-00614, ECF, SM Clark, Thank you again for sending us the requested materials for the Southport new piers and other shoreline modifications project referenced above. We have reviewed this information and offer the following initial questions and comments: 1. The Lake Study notes that the proposed new floats are "intended to provide public access opportunities for primarily non-motorized watercraft". How does the City of Renton intend to enforce this use and ensure that these floats do not become moorage facilities for motorized watercrafts? 2. Why is the easternward float as large as proposed? If it is to be used for non-motorized watercraft, it should be sized similarly to the westernward new float as shown on the plan sheets. 3. More information is needed about the pump out facility. We did not see where this new facility is proposed. The details of this facility and its location should be included in revised materials. 4. Has the applicant tested the surrounding sediments to see if creosote has spread beyond the proposed piling to be removed? 5. Is there a rough estimate available for the number of new pilings that will be needed to support the bulkhead? See Table 1 from the Lake Study. 6. Why is the applicant proposing to keep the existing timber pile stubs shown east to the new easternward float? These pilings should be removed to reduce salmon predator habitat and provide improved conditions for juvenile Chinook and other salmon. 7. The Lake Study notes that no lighting is proposed as part of the shoreline improvements; however, the BE notes that there may be lighting. Please clarify if the new floats will have artificial lighting. 8. Also, the Lake Study and BE notes the four, 5-story mixed-use apartment buildings, a new hotel comprised of two-12 story buildings, and 3 office buildings that are now or will be under constructed all of which should be expected to have outdoor artificial lighting. How are these adjacent buildings ensuring that their artificial lighting will avoid shining on Lake Washington in the project area thus reducing the salmon mitigation benefits from this project? 9. The City and the applicant should work with the WA DNR to see if the drifted logs resting against the bulkhead that are proposed for removal can be used at the two WA DNR mitigation/enhancement sites (i.e. South Lake Washington and Bird Island) adjacent to this project. 10. Please note that we are reviewing this project for both impacts to fish resources and tribal fishing activities. For potential impacts to Muckleshoot Tribal members fishing activities, please note that we will fully evaluate these impacts upon additional information received in response to these questions, as well, as during the Corps’ permitting process. We appreciate the opportunity to review this proposal and look forward to the City/applicants’ responses to these questions. Thank you, Karen Walter Watersheds and Land Use Team Leader BIOLOGICAL EVALUATION FOR FISH AND WILDLIFE SPECIES Southport Bulkhead Repair and Shoreline Float Project - Renton, WA Prepared for: U.S. Army Corps of Engineers, Seattle District Prepared on behalf of: Greg Krape, SECO Development, Inc. June 2016 THE WATERSHED COMPANY LAKE STUDY Southport Shoreline Modifications Prepared for: SECO Development Inc. Prepared on behalf of: Greg Krape, SECO Development, Inc. April 2017 THE WATERSHED COMPANY 250 4th Avenue South, Suite 200 Edmonds, WA 98020 ph. 425.778.8500 | f. 425.778.5536 www.cgengineering.com STRUCTURAL OBSERVATION REPORT Project: Seco Development Bulkhead Purpose: Structural Evaluation Location: 1083 Lake Washington Blvd N Renton, WA Date: April 1st 2016 CG Project: 16027.10 Report: 1 Client: Seco Development General Contractor: Unknown Field Rep: Dennis Titus, PE, SE, Stephen Tabert PURPOSE AND SCOPE A field representative of CG Engineering was on site on February 2, 2016 to evaluate the condition of an existing bulkhead located on the south side of Lake Washington. While on site we met with the Greg Krape from Seco Development. EXISTING BULKHEAD The existing bulkhead is constructed form a combination of timber and concrete. Refer to SS-1. The bulkhead is approximately 585ft long and spans two properties. It was originally constructed in the mid 1920’s when the site was originally developed for a previous power plant. The bulkhead retains a sidewalk. The north portion of the sidewalk was improved during a recent site development. A concrete sidewalk and pavers were constructed and a guard rail was added along this length of the bulkhead. The sidewalk to the south, which leads to the Boeing property, is relatively unimproved and consists of a gravel base with an asphalt sidewalk. A small pier is located at the center of the bulkhead which extends approximately 20ft into Lake Washington. The bulkhead continues behind the pier. The timber portion of the bulkhead consists of 8x12 timber sheet piles. A row of timber piles spaced approximately at 8ft on center and are located directly outboard of the sheet piles. The piles vary in size but are close to 12” diameter. A 10x10 timber waler runs along the outside of the piles and tiebacks were observed spaced at approximately 15’ on center. Along most of the bulkhead the waler was no longer present and the tiebacks were no longer attached. The top of the timber sheet piles and the round timber piles are located approximately 30” below the adjacent grade. A single row of ecology blocks are located upland of the sheet pile wall. The ecology blocks are 3x3x3ft with a 10” concrete cap on top. The area below the ecology blocks was probed and it appears that only one ecology block is present which bears on the soil directly behind the sheet pile wall. The ecology blocks appear to be part of the original construction or installed shortly after the timber portion of the bulkhead was constructed. The timber bulkhead appears to support the base of the existing concrete ecology blocks which supports the subgrade for the sidewalk. OBSERVATIONS At the time of the observation the lake water level was low in anticipation of upcoming rainfall, which left the tops of the piles visible. The piles, sheet piles and walers were observed during the site visit. Each was visually inspected for structural deficiencies. They were probed above and below the water level. They were also sounded for core rot. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map ERC Report ENVIRONMENTAL REVIEW COMMITTEE REPORT ERC MEETING DATE: May 22, 2017 (first meeting); June 5, 2017 (second meeting); and October 16, 2017 (final meeting) Project Name: Southport Shoreline Modifications Project Number: LUA16-000614, ECF, SM Project Manager: Clark H. Close, Senior Planner Owner: SECO Development Inc., 1083 Lake Washington Blvd N. Suite 50, Renton, WA 98056 Applicant/Contact: Kenny Booth, The Watershed Company, 750 Sixth Street South, Kirkland, WA 98033 Project Location: 1053 and 1083 Lake Washington Blvd N (APNs 0523059075, 0523059076 and 0823059216), Renton, WA 98056 Project Summary: The applicant is requesting SEPA Environmental Review and a Shoreline Substantial Development Permit to repair a degraded bulkhead and install two (2) separate grated floats for small watercraft on the shore of Lake Washington, a Shoreline of Statewide Significance. Some of the shoreline activities include, but is not limited to, repair of the existing bulkhead between the 12-story Hyatt Regency Hotel at Southport and 5-story mixed-use apartment complex and Lake Washington, removal of a portion of the bulkhead to facilitate the construction of a shoreline cove, improvement of in-water ecological conditions, temporary moorage of motorized and non-motorized vessels by adding fully-grated floats, safety enhancements by removing all in-water components of the bulkhead, installation of “no wake” buoys, and expansion of recreational use of the shoreline. The existing shoreline bulkhead is approximately 580 feet in length and the project is expected to extend the functional life of the bulkhead for another 30-50 years. The proposed project site is located in the Urban Center (UC) zone, a high seismic area, Lake Washington Reach H, and the Aquatic Overlay District. The site is designated as Shoreline High Intensity by the Shoreline Master Program. No trees are proposed for removal. No existing or potential residential units would have views obstructed by the proposed project. Site Area: 580,888 SF Total Building Area GSF: 153,798 SF STAFF RECOMMENDATION: Staff Recommends that the Environmental Review Committee issue a Determination of Non-Significance - Mitigated (DNS-M).