HomeMy WebLinkAboutD_SSDP_Decision_191001_v1DEPARTMENT 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
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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 mud line. 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
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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
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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
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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
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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
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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 processe s 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
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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
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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
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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 topog raphy 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 nois e impacts are anticipated
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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
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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
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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 gen eral
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
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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 includ ing 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 o f 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 resourc e 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.
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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 eme rgent 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.
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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
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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.
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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
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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.
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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 publi c 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.
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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,
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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
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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:
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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
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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 shal l 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
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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 p rovided,
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).