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HomeMy WebLinkAboutORD 5135CITY OF RENTON,WASHINGTON ORDINANCE NO.5135 AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON, ADOPTING THE SHORELINE AND CRITICAL AREAS POLICY AMENDMENTS TO THE CITY'S 1995 COMPREHENSIVE PLAN,MAPS AND DATA IN CONJUNCTION THEREWITH. WHEREAS,the City Council of the City of Renton has heretofore adopted and filed a "Comprehensive Plan"and the City Council of Renton has implemented and amended said "Comprehensive Plan"from time to time,together with the adoption of various codes,reports and records;and WHEREAS,the Planning Commission has heretofore recommended to the City Council, from time to time,certain amendments to the City's "Comprehensive Plan;"and WHEREAS,the City of Renton,pursuant to the Washington State Growth Management Act,has been required to integrate Shoreline Management policies into its "Comprehensive Plan;"and WHEREAS,the proposed revisions to the Environment Element and specific policies in the Land Use Element are needed for policy consistency in guiding implementation of the Shoreline Master Program;and WHEREAS,RCW 90.58.020 requires the City to consider shoreline use priorities;and WHEREAS,the City considered policy amendments as described in the "Proposed Renton Comprehensive Plan and Shoreline Master Program Policy Amendments"prepared by Jones &Stokes,January 26,2005,on behalf of the City;and WHEREAS,the City considered appropriate amendments to the Shoreline Use Environments Map for the Black River and Cedar River to address Shoreline Master Program text/map conflicts and further considered amendments for an unclassified annexed area in order ORDINANCE NO.5135 to make the Shoreline Master Program consistent with environmental limitations and existing uses as described in the "Proposed Renton Shoreline Master Program Use Environment Amendments,"prepared by Jones &Stokes,dated March 8,2004,on behalf of the City;and WHEREAS,the City's protection of shorelines and critical areas is multifaceted and includes City ownership of environmentally sensitive sites,regional collaboration,City capital improvement programming that involves habitat restoration,as well as shoreline and critical area policies and regulations;and WHEREAS,the City conducted early agency review with the State of Washington Department of Ecology Early State Agency Review with a meeting on March 23,2004,which resulted in receipt by the City of State comments in May 2004,and responses by the City to comments in July 2004;and WHEREAS,the City notified State and local governments and tribal agencies and parties of record of the work program through a notice of application and SEPA determination; and WHEREAS,the City issued a SEPA Determination of Nonsignificance in August 2004, which Determination was timely appealed and was upheld on appeal by the City's Hearing Examiner on December 16,2004;and WHEREAS,the City held periodic public meetings with the Planning Commission between Spring 2003 and Spring 2005 and City Council Planning and Development Committee between Spring 2004 and Spring 2005,as well as televised workshop sessions with the Council Committee of the Whole between January 2004 and September 2004;and 2 ORDINANCE NO.5135 WHEREAS,the City conducted a public open house on July 27,2004,a focus of which was the proposed stream/lake/shoreline policy and regulation amendments,and a workshop with Seattle/King County Master Builders and neighboring jurisdictions on August 16,2004;and WHEREAS,the City has provided opportunity for the public to comment on the review and suggest needed revisions of the plan and regulations,and held public hearings March 2, 2005,and March 21,2005,on this matter;and WHEREAS,the City considered and responded to government agency and public comments as compiled and documented in "Responses to Planning Commission Hearing Comments:Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration"dated March 9,2005 and "Updated Responses to City Council Hearing Comments Renton Best Available Science Critical Areas Regulations and Shoreline Master Program GMA Integration"dated March 31,2005,both prepared on behalf of the City; and WHEREAS,the Planning Commission has made certain findings and recommendations to the City Council,including implementing policies;and WHEREAS,the City Council has determined after due consideration of the testimony and evidence before it that it is advisable and appropriate to amend and modify the City's "Comprehensive Plan;"and WHEREAS,such modification and integration of the Shoreline Master Program into the Comprehensive Plan is in the best interest of the public;and WHEREAS,the City will consider comprehensive Shoreline Master Program amendments in a subsequent work program to comply with Shoreline Management Guidelines in accordance with the timelines included in the State law; 3 ORDINANCE NO.5135 NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,DOES ORDAIN AS FOLLOWS: SECTION I.The above findings are true and correct in all respects.This ordinance is also supported by the following conclusions based on the adopted findings: 1)The City followed its established public participation program; 2)Revisions are needed to the Comprehensive Plan; 3)The City has conducted its seven-year update requirement under RCW 36.70A.130 for all portions of the Comprehensive Plan by completing the portions of the work program needed to implement the Critical Areas,Shorelines and Best Available Science review; 4)All policies within these Elements were reviewed and those policies that remained without amendment are found to be in compliance with the Growth Management Act,as amended,and the Shoreline Management Act; 5)All modified and revised Elements of the Comprehensive Plan are internally consistent and provide sufficient capacity of land at urban densities and sufficient levels of service to comply with Countywide Planning Policies and the 20 year population forecast from the Office of Financial Management and comply with the Growth Management Act as amended; 6)Consistent with the City Council Planning and Development Committee Report of April 11,2005,and the City's Comprehensive Plan Amendment procedures,as well as Growth Management Act requirements,the non-Shoreline Master Program policy amendments as described in the memo "Proposed Renton Comprehensive Plan and Shoreline Master Program Policy Amendments,"Jones &Stokes,January 26,2005"will be deferred for processing to the City's 2005 Comprehensive Plan Amendment review cycle later this year;and 4 ORDINANCE NO.5135 7)The amendments to the Shoreline Master Program in this Ordinance are intended to integrate Shoreline Master Program Goals and Policies into the City Comprehensive Plan and to address use priorities of RCW 90.58.020.The City will consider comprehensive Shoreline Master Program amendments in a subsequent work program to comply with Shoreline Management Guidelines in accordance with the timelines included in the State law. SECTION II.The "Comprehensive Plan,"maps,data and reports in support of the "Comprehensive Plan"are hereby modified,amended and adopted to include the amendments to the following elements:Comprehensive Plan Land Use Element,Environmental Element,and the Glossary as shown on the attached Exhibits A,B,and C incorporated herein as if fully set forth. SECTION III.The Economic Development,Neighborhoods and Strategic Planning Administrator is hereby authorized and directed to make the necessary changes on said City's "Comprehensive Plan"to evidence the aforementioned amendments,and to prepare a submittal package to the State of Washington Department of Ecology who will have approval authority regarding Shoreline Master Program Amendments. SECTION IV.The City Clerk is authorized and directed to file this ordinance as provided by law,and keep a complete copy of said document on file with the City Clerk's office. SECTION V.This ordinance shall be effective upon its passage,approval and five days after publication,and after approval by the State of Washington Department of Ecology as consistent with State Shoreline laws and rules. 5 ORDINANCE NO.5135 PASSED BY THE CITY COUNCIL this 25th day of_----=..::cA.a;:..p=-rl.=-·1=--,2005. Bonnie I.Walton,City Clerk APPROVED BY THE MAYOR this 25th day of __A--'p:....r_l._·1 ,2005. Approved as to form: Date of Publication:4/29/2005 (summary) ORD.1179:4121/05:ma 6 • .'<..,'", ;'~. ;l.L~""T :,.::0;. ; • ;,".-'-".~~'.(/',..".c: \.'(.'...J •••.•;- >I.• •••••••,.... ORDINANCE NO.5135 Exhibit A The following policies and amendments to policies are added to the Environmental Element of the Comprehensive Plan.The remaining policies of the Environmental Element are unchanged. ENVIRONMENTAL ELEMENT GOAL 1.Continue protection of Renton's natural systems,natural beauty,and environmental quality. 2.[Reserved for 2005 Comprehensive Plan Amendments to Environment Element.] 3.Manage Shorelines of the State to protect unique and fragile areas,retain and enhance natural amenities within an urban environment,and minimize hazards to public safety. FloodPlains· Objective EN-E:Protect the natural functions of 100-year floodplains and floodways. Policy EN-25a.Prohibit permanent structures from developing in flood ways due to risks associated with deep and fast flowing water. Policy EN-26a.Limit development within the 100 year floodplain to that which is not harmed by flooding.Roads and finished floors of structures should be located above the 100 year flood level, and new development should provide compensation for existing flood storage capacity due to filling. Policy EN-27a.Restrict land uses to those that do not cause backwater or significantly increase the velocity of floodwaters. Policy EN-28a.Incorporate design features,which are intended to keep harmful substances from floodwaters in any development,which is allowed in the 100-year floodplain. CITY OF RENTON ENVIRONMENTAL ELEMENT p.l Policy EN-29a.Emphasize non-structural methods in planning for flood prevention and damage reduction.Substantial stream channel modification,realignment,and straightening should be discouraged as means of flood protection. Policy EN-30a.Dredging activities may be conducted as follows: a.Continue as-needed maintenance dredging of the constructed channel section of the Lower Cedar River per the City of Renton's agreement with the U.S.Army Corps of Engineers for flood control using best management practices to minimize salmonid habitat disruption. b.In coordination with Federal or State permitting agencies,the City may allow dredging outside of the lower Cedar River for public purposes such as to protect public facilities,or when needed to ORDINANCE NO.5135 improve aquatic habitat,for example to correct problems of material distribution or water quality when such problems adversely affect aquatic life. Policy EN-3la Renton's floodplain land use and management activities should be carried out in coordination with King County,adjacent cities,and State and Federal agencies.The City should partner with agencies to implement regional plans such as the King County Flood Hazard Reduction Plan. Policy EN-32a The existing flood storage and conveyance functions and ecological values of floodplains,wetlands,and riparian corridors should be protected,and should,where possible,be enhanced or restored. Discussion:The maintenance dredging of the lower 1.25 miles of the constructed channel section of the Lower Cedar River will continue to be needed periodically.The City of Renton was the local project sponsor with the u.s.Army Corps of Engineers for the construction of the Cedar River Section 205 Flood Hazard Reduction Project.As the local project sponsor,the City of Renton is required by its Project Cooperation Agreement with the US Corps of Engineers to maintain the federal project,which includes future maintenance dredging. Shorelines of the State:Natural Resources and Hazard Management Summary:Approximately 18 miles of shoreline in the City of Renton are under the jurisdiction of the Shoreline Management Act (SMA)of 1971,including Lake Washington,Green River,Cedar River,Black River,Springbrook Creek,and May Creek are shorelines within the City.Generally,regulated shorelines include the water bodies and their shorelands extending landward from the flood way or ordinary high water mark for two hundred (200)feet in all directions.This jurisdictional area increases to include all marshes, bogs,swamps,and river deltas,associated with the regulated Shorelines of the State.The total of this area is subject to shoreline use classification and regulation.Natural environment conservation and flood hazard minimization are priorities of the SMA and of the Renton's required Shoreline Master Program,of which the policies of this sub-element are a part.(Also refer to the Land Use Element,Shorelines of the State:Land Use, Recreation,and Circulation Management.) Objective EN-R:Protect and preserve resources and amenities of all Shorelines of the State situated in the City of Renton for use and enjoyment by present and future generations. Policy EN-88 Existing natural resources should be conserved. 1.Water quality and water flow should be maintained at a level to permit recreational use,to provide suitable habitat for aquatic life,and to satisfy other required human needs. 2.Aquatic habitats and spawning grounds should be protected,improved and,if feasible, restored. 3.Terrestrial wildlife habitats,including wetlands,riparian areas,and upland habitats should be protected,improved and,if feasible,increased. 4.Unique natural and fragile areas should be designated and maintained as open space.Passive CITY OF RENTON ENVIRONMENTAL ELEMENT p.2 recreation access and use should be restricted,if necessary,for the conservation of these areas. Policy EN-89 Shoreline land uses including residential,commercial,industrial,civic,and mixed uses should be allowed consistent with the Land Use Element.Existing and future activities on all shorelines of the State regulated by the City of Renton should be designed to minimize adverse effects on the environment. Policy EN-90 The City of Renton should take aggressive action with responsible governmental agencies to assure that discharges from all drainage ORDINANCE NO.5135 basins are considered an integral part of shoreline planning. 1.Soil erosion and sedimentation,which adversely affect any shoreline within the City of Renton,should be prevented or controlled. 2.The contamination of existing watercourses should be prevented or controlled. Policy EN-91 All further development of the shorelines of May Creek east ofFAI-405 right-of- way,and that portion of Springbrook Creek beginning from approximately SW 27th Street on the north to SW 31st Street on the south,abutting City-owned wetlands in this area,and for that portion of the west side of the Creek in the vicinity of SW 38th Street abutting the City's recently CITY OF RENTON ENVIRONMENTAL ELEMENT p.3 acquired Wetlands Mitigation Bank should be compatible with the existing natural state of the shoreline. 1.Low density development should be encouraged to the extent that such development would permit and provide for the continuation of the existing natural character of the shoreline,and is consistent with underlying zoning. 2.For the subject locations,the waterways should be left in an undeveloped natural state as much as possible. Policy EN-92.Floodplain objective EN-E and associated policies are incorporated by reference as part of the City of Renton Shoreline Master Program objectives and policies. ORDINANCE NO.5135 Exhibit B The following policies and amendments to policies are added to the Land Use Element of the Comprehensive Plan.The remaining policies of the Land Use Element are unchanged. LAND USE ELEMENT GOALS I.Plan for future growth of the Urban Area based on regionally developed growth forecasts,adopted growth targets,and land capacity as determined through implementation of the Growth Management Act. II.Minimize risk associated with potential aviation incidents on the ground and for aircraft occupants. III.Actively pursue annexations. IV.Maintain the City's natural and cultural history by documenting and appropriately recognizing its historic and/or archaeological sites. V.Pursue the transition of non-conforming uses and structures to encourage more conforming uses and development patterns. VI.Develop a system of facilities that meet the public and quasi-public service needs of present and future employees. VII.Maintain the City's agricultural and mining resources as part of Renton's cultural history. VIII.Promote new development and neighborhoods in the City that: 1)Contribute to a strong sense of community and neighborhood identity; 2)Are walkable places where people can shop,play,and get to work without always having to drive; 3)Are developed at densities sufficient to support public transportation and make efficient use of urban services and infrastructure; 4)Offer a variety of housing types for a population diverse in age,income, and lifestyle; 5)Are varied or unique in character; 6)Support "grid"and "flexible grid"street and pathway patterns where appropriate; City of Renton Land USe Element p.l ORDINANCE NO.5135 7)Are visually attractive,safe,and healthy environments in which to live; 8)Offer connection to the community instead of isolation;and 9)Provide a sense of home. IX. X. XI. XII. Develop well-balanced attractive,convenient,robust commercial office,office, and residential development within designated Centers serving the City and the region. Support existing businesses and provide an energetic business environment for new commercial activity providing a range of service,office,commercial,and mixed use residential uses that enhance the City's employment and tax base along arterial boulevards and in designated development areas. Achieve a mix of land uses including industrial,high technology,office,and commercial activities in Employment Areas that lead to economic growth and a strengthening of Renton's employment base. Plan and coordinate land uses,public access,and natural resource protection along Shorelines of the State in accordance with the State Shoreline Management Act. IV.HISTORICAL AND ARCHEOLOGICAL RESOURCES Goal:Maintain the City's natural and cultural history by documenting and appropriately recognizing its historic and/or archaeological sites. Discussion:Renton has a rich and interesting history as a community.It was the site of an established Native American settlement and changed through the years of early European immigration into a pioneer town.The City incorporated in 1901 and later became a major regional employment center and residential area.The following policies are intended to guide efforts to recognize and integrate Renton's past into future development as the City evolves into a dynamic urban community. Objective LV-O:Communicate Renton's history by protecting historic and archaeological sites and structures when appropriate and as opportunities arise. Policy LU-61.Historic resources should continue to be identified and mapped within the City as an on-going process. Policy LU-62.Natural and cultural resources should be identified by project proponents when applying for land use approval,as part of the application submitted for review.Suspected or newly discovered historic or cultural sites should be kept free from intrusions for a reasonable time until their value is determined. City of Renton Land Use Element p.2 ORDINANCE NO.5135 Policy LU-63.Potentially adverse impacts on cultural resources deemed to be significant should be mitigated as a condition of project approval. Implementation of this policy should occur within three years of the adoption of the 2004 Update. Policy LU-64.The City should work cooperatively with King County by exchanging resource information pertaining to natural and cultural resources. Policy LU-65.Historical and archaeological sites,identified as significant by the City of Renton,should be preserved and/or incorporated into development projects. Policy LU-66.Downtown buildings and site development proposals should be encouraged to incorporate displays about Renton's history,including prominent families and individuals,businesses,and events associated with downtown's past. Implementation of this policy should occur within three years of the adoption of the 2004 Update. XII.SHORELINES OF THE STATE:LAND USE, RECREATION,AND CIRCULATION MANAGEMENT Summary:Shorelines are of limited supply and are faced with rapidly increasing demands for uses such as marinas,fishing,swimming and scenic views,as well as recreation,private housing,commercial and industrial uses.The Washington State Shoreline Management Act (SMA)passed in 1971 and is based on the philosophy that the shorelines of our State are among our most "valuable"and "fragile"natural resources and that unrestricted development of these resources is not in the best public interest.Therefore,planning and management are necessary in order to prevent the harmful effects of uncoordinated and piece-meal development of our State's shorelines. Under the Washington State SMA,local governments have the primary responsibility for initiating the planning program and administering the regulatory requirements of the Act,with the Department of Ecology acting in a supportive, review,or approval capacity depending on the particular shoreline proposal and regulatory requirements. Jurisdiction Approximately 18 miles of shoreline in the City of Renton are under the jurisdiction of the SMA as shown in Figures XII-A and XII-B: 1.Cedar River. 2.Green River. 3.Lake Washington. 4.May Creek from the intersection of May Creek and N.B.31st Street in the southeast quarter of the southeast quarter of Section 32-24-5E WM downstream in a northeasterly direction to its mouth at Lake Washington. City of Renton Land Use Element p.3 ORDINANCE NO.5135 5.Springbrook Creek from the Black River on the north to S.W.43rd Street on the south. 6.Black River. All are considered as Shorelines of the State.Further,by State standards,the Green River and Lake Washington are classified as Shorelines of State-wide Significance,requiring more close review and regulation,and comprise approximately 5.8 miles of the shorelines of the State regulated by City of Renton. Shoreline Master Programs As set forth in the provisions of the Act,local governments must fulfill the following basic requirements for regulated shorelines: •Compilation of a comprehensive inventory which includes a survey of natural characteristics,present land uses,and patterns of ownership. •Development of a Master Program,including,goals,policies,and regulations to provide an objective guide for regulating the use of shorelines. •Administration of a shoreline permit system for proposed substantial development on Shorelines of the State regulated by Renton. In compliance with the inventory requirement of the Act,the Renton Planning Department conducted a comprehensive inventory of the natural characteristics, present land uses,and patterns of ownership along the City's shoreline.The inventory was completed in October 1972,and provided a substantial basis for the development of this Master Program.The Renton Shoreline Master Program (RSMP or SMP)shoreline environments and specific use regulations reflect the local conditions that are documented in that inventory.As updates have been prepared over time for particular locations or for particular policies or regulations, additional inventory and analysis documentation has been supplied in accordance with the SMA and Washington Administrative Code requirements. The City of Renton,with the help of its local citizens,developed a SMP in compliance with the Act to serve as a guide for regulating use of the Shorelines of the State within Renton's jurisdiction.The components of the Renton SMP,and their location in the City's plans and regulations,are as follows: •Shoreline goals,objectives,policies: o Land Use Element Subsection -Shorelines of the State:Land Use, Recreation,and Circulation Management o Environment Element Subsection -Shorelines of the State:Natural Resources and Hazard Management •Shoreline use environments: City of Renton Land Use Element p.4 ORDINANCE NO.5135 o Land Use Element Subsection -Shorelines of the State:Land Use, Recreation,and Circulation Management o Renton Municipal Code,Title 4. •Shoreline use regulations,and provisions for variances and conditional uses. o Renton Municipal Code,Title 4. Management Objectives &Intent The basic intent of the RSMP is to provide for the management of shorelines of the State within Renton's jurisdiction by planning for and fostering all reasonable and appropriate uses and to ensure,if development takes place,that it is done in a manner which will promote and enhance the best interests of the general public. The RSMP has further been composed to protect the public interest and general welfare in shorelines regulated by Renton and,at the same time,to recognize and protect owners'legal property rights consistent with the public interest.The goals and policies of the RSMP are formulated so as to enhance the public use and enjoyment of the shorelines so long as that public use is consistent with,and does not impair,legal private property rights.It is recognized that the Shorelines of the State found in Renton are located within a major urbanized area,and that they are subject to ever increasing pressures of additional uses necessitating increased coordination in the management and development of the shorelines.An attempt has,therefore,been made to present a planned,rational,and concerted effort to increase coordinated and optimum utilization of the Shorelines of the State under Renton's jurisdiction. The SMA legislative policy indicates that uses are preferred on Shorelines of the State as follows: "In the implementation of this policy the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally.To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment,or are unique to or dependent upon use of the state's shoreline.Alterations of the natural condition of the shorelines of the state,in those limited instances when authorized,shall be given priority for single family residences and their appurtenant structures,ports,shoreline recreational uses including but not limited to parks,marinas,piers,and other improvements facilitating public access to shorelines of the state,industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state.Alterations of the natural condition of the shorelines and shorelands of the state shall be recognized by the department. Shorelines and shorelands of the state shall be appropriately classified and these classifications shall be revised when circumstances warrant regardless of whether City of Renton Land Use Element p.5 ORDINANCE NO.5135 the change in circumstances occurs through man-made causes or natural causes." (RCW 90.58.020,excerpted in part) Additionally,the Master Program has also been formulated so as to provide for uses of Shorelines of Statewide Significance (i.e.Lake Washington;Green River) in the following order of preference consistent with the SMA: 1.Recognize and protect the state-wide interest over local interest on shorelines of state-wide significance. 2.Preserve the natural character of the shorelines. 3.Result in long-term over short-term benefits. 4.Protect the resources and ecology of the shorelines. 5.Increase public access to publicly owned areas of the shorelines. 6.Increase recreational opportunities for the public in the shorelines. 7.Provide for any other element deemed appropriate or necessary. It should also be noted that the Washington State Department of Ecology has designated Lake Washington as a "region"for the purpose of shoreline planning. The Lake Washington Regional Shoreline goals and Policies adopted by the Regional Citizens Advisory Committee on October 31,1973,were considered in the formulation of the RSMP. Shoreline Use Environments Summary:Shorelines of the State are to be classified into "use environments" based upon current development pattern,biophysical capabilities,and other factors.Policies,standards,and regulations can be customized by use environment,shoreline,and use depending on needs.Generally,regulated shorelines include the water bodies and their shorelands extending landward from the floodway or ordinary high water mark for two hundred (200)feet in all directions.This jurisdictional area increases to include all marshes,bogs, swamps,and river deltas,associated with the regulated Shorelines of the State. The total of this area is subject to shoreline use classification and regulation. Objective LU-DDDD:Categorize shorelines based on the existing development pattern,the biophysical capabilities and limitations of the area being considered for development,and the goals and aspirations of local citizenry. Policy LU-460.Three environments,Natural,Conservancy,and Urban,are to be designated on Shorelines of the State to provide a uniform basis to apply policies and use regulations within distinctively different shoreline areas.These classifications are applied at a programmatic level on Figure XII-A and XII-B. Policy LU-461.Natural Environment Classification.Shoreline areas meeting the following intent and characteristics should be designated with the Natural use environment classification: A.Natural Environment Intent:The purpose of the Natural environment is to protect and preserve unique and fragile shoreline or wetland environments in their natural state.The Natural environment is intended to provide areas of wildlife sanctuary and habitat preservation. City of Renton Land Use Element p.6 ORDINANCE NO.5135 B.Areas to be designated Natural Environment Shorelines:Areas that are to be designated Natural environment should include: 1.Areas that are unique or fragile. 2.Floodway areas. C.Acceptable Activities and Uses:The primary human-related activities are intended to be floodway drainage or storage.Limited public access and passive recreation opportunities,when compatible with the unique and fragile characteristics,may be allowed. Policy LU-462.Conservancy Environment Classification.Shoreline areas meeting the following intent and characteristics should be designated with the Conservancy use environment classification: A.Conservancy Environment Intent:The purpose in designating a Conservancy environment is to protect,conserve,and manage existing areas with irreplaceable natural or aesthetic features in essentially their native state,while providing for limited use of the area.The Conservancy environment is intended to provide a pleasant break in the surrounding urban community.This environment seeks to satisfy a portion of the present and future needs of Renton. B.Areas to be Designated as a Conservancy Environment:Areas that are to be designated Conservancy environment should include: 1.Areas of high scenic value. 2.Valuable areas for wildlife habitat. 3.Hazardous slope areas. 4.Flood-prone areas. 5.Areas which cannot provide adequate utilities for intense development. 6.Areas with unique or fragile features. C.Acceptable Activities and Uses:Activities and uses considered to be acceptable in a Conservancy environment are those of a nonconsumptive nature which do not degrade the existing character of the area.Uses that are to be predominant in a Conservancy environment are low density residential,passive agricultural uses such as pasture or range lands,and passive outdoor recreation. Active public recreation when compatible with the biophysical characteristics of the land may also be allowed. Policy LU-463.Urban Environment Classification.Shoreline areas meeting the following intent and characteristics should be designated with the Urban use environment classification: A.Urban Environment Intent:The purpose of the Urban environment is to ensure optimum utilization of shorelines within urbanized areas by providing for public use,especially access to and along the water's edge,and by managing development so that it enhances and maintains shorelines for a multiplicity of viable and necessary urban uses. City of Renton Land Use Element p.7 ORDINANCE NO.5135 B.Areas to be Designated as an Urban Environment:The Urban Environment is particularly suitable to those areas presently subjected to extremely intensive use pressure,as well as areas planned to accommodate intensive urban expansion.On certain shorelines planned for future urban expansion,there should be limitations based on the physical aspects of the site.Shorelines of the State regulated by the City which are not designated as Conservancy or Natural are designated as Urban. e.Acceptable Uses and Activities: High-intensity Land Uses:The Urban environment is an area of high-intensity land use including residential,commercial,and industrial development. Water-Oriented Activities:Because shorelines suitable for urban uses are a limited resource,emphasis should be given to development within already developed areas and particularly to water-oriented industrial and commercial uses. Public Access:Priority is also given to planning for public visual and physical access to water in the Urban environment.To enhance waterfront and ensure maximum public use,industrial and commercial facilities should be designed to permit pedestrian waterfront activities where practicable,and the various access points ought to be linked to non-motorized transportation routes such as bicycles and hiking paths. Shoreline Uses and Activities Objective LU-EEEE:Plan and coordinate the shorelines of the State to afford best use of the limited water resource,and to provide natural amenities within an urban environment. Policy LU-464 Reasonable and appropriate shoreline uses and activities should be allowed based upon the following parameters: 1.Short-term economic gain or convenience in development should be evaluated in relationship to potential long-term effects on the shoreline. 2.Increases in the density or intensity of shoreline uses or activities as a result of Comprehensive Plan,zoning,or development regulation amendments should only be allowed when: a.There is a demonstrated need for the use or activity;and b.The uses or activities are consistent with the Comprehensive Plan vision;and c.The use or activity is consistent with the use preference policies in this Section. 3.Mixed-use developments or activities along shorelines should be planned where location and integration of compatible uses or activities are feasible,and when consistent with Policy LU-467. 4.Shoreline uses and activities should be developed with uniform or coordinated site and architectural design.Buildings,fences,and other structures should be sited to avoid or reduce impacts to public views of the shoreline.Landscaping City of Renton Land Use Element p.8 ORDINANCE NO.5135 should be employed to reduce from public view outdoor work or storage areas. These aesthetic considerations should be encouraged when contemplating new development,extensive redevelopment of existing facilities or for general enhancement of shoreline areas. 5.Shoreline uses and activities should be discouraged if they would cause significant noise or odor or unsafe conditions that would impede the achievement of shoreline use preferences on the site or on adjacent or abutting sites. 6.All shoreline developments should be designed and constructed to protect the rights and privacy of adjacent property owners. Policy LU-465 Shoreline Master Program policies,environments,regulations, and permit review should be applied to achieve the following use preferences on Shorelines of Statewide Significance which includes Lake Washington,as follows: 1.Recognize and protect the statewide interest over local interest,and promote long-term benefits over short-term benefits.Consider Federal,State,and regional policies and programs. 2.Preserve the natural character,resources,and ecology of the shoreline. Measures may include,but are not limited to: a.Requiring uses and activities to be designed to avoid unique and fragile areas; b.Reviewing and conditioning proposals to achieve no-net-Ioss of shoreline ecological function; c.Promoting watershed enhancement,fish passage enhancement,or other shoreline ecology enhancement proposals. 3.Increase public access to publicly owned areas of the shorelines,and increase recreational opportunities for the public in the shorelines. 4.a.Provide opportunities for water-oriented uses,which include water dependent,water related,or water enjoyment uses: i.Water Dependent Development:Water dependent uses are uses that cannot exist in any other location and depend on a water or waterfront location.Examples of water dependent development include,but are not limited to,marinas,ferry terminals,float plane facilities,and other uses that are dependent upon a water location. ii.Water Related Uses:Water related uses include uses that support a water dependent use or have a functional requirement for a waterfront location.Examples of water related uses include,but are not limited to,warehousing goods transported by water,log storage,or other uses that depend on a waterfront location. iii.Water Enjoyment Uses:Water enjoyment uses include recreational uses or uses facilitating public access for a substantial number of people.Examples may include,but are not limited to, City of Renton Land Use Element p.9 ORDINANCE NO.5135 ecological reserves,parks,piers,restaurants,museums,aquariums, hotels/resorts,mixed-use commercial/office,or others which facilitate public access. b.Non-water oriented uses may be considered water oriented uses when significant public access is provided. 5.Provide for any other shoreline activity or use deemed appropriate or necessary,and consistent with the State Shoreline Management Act and the Renton Shoreline Master Program policies. Policy LU-466 Except for Lake Washington which is addressed in Policy LU- 465,Shoreline Master Program policies,environments,regulations,and permit review should be applied to achieve the following use preferences on Shorelines of the State: 1.Preference should be given to those uses or activities which: a.Enhance the natural amenities of the shorelines,such as,but not limited to,activities which promote watershed enhancement,fish passage enhancement,reduced impervious surfaces,or other shoreline ecology enhancement proposals;and/or b.Depend on a shorelines location or provide public access to the shorelines,such as water dependent,water related,or water enjoyment uses,as described in Policy LU-465,subsection 4. 2.Alterations of the natural condition of the shorelines of the state,developed in consideration of critical areas and protective of unique and fragile areas,are given priority for: Single family residences and their appurtenant structures; Shoreline recreational uses such as parks,marinas,piers,and other improvements facilitating public access to shorelines of the state; Industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state;and Additional water dependent,water related,and water enjoyment uses,or other development that will provide an opportunity for substantial numbers of the people to enjoy the Shorelines of the State. Policy LU-467 Those shoreline uses or activities which are not water-oriented should be encouraged to relocate away from the shoreline. Policy LU-468.Plans should be developed for shorelines particularly suited for water-dependent uses or activities. Policy LU-469.Festivals and temporary uses involving public interest and not substantially or permanently impairing water quality,water flow or unique and fragile areas may be allowed. City of Renton Land Use Element p.1O ORDINANCE NO.5135 Shoreline Economic Uses Objective LU-FFFF:Existing economic uses and activities on the shorelines are to be recognized and economic uses or activities that are water-oriented are to be encouraged. Policy LU-470.Economic uses and activities which are not water-oriented should be discouraged.In those instances where such uses or activities are permitted,public access to and along the water's edge should be provided. Policy LU-471.Future economic uses and activities should utilize the shoreline in an efficient manner. 1.Economic uses and activities should locate the water-oriented portion of their development along the shoreline and place inland all facilities which do not require a water's edge location. 2.The length,width,and height of over-water structures should be limited to the smallest reasonable dimensions. 3.Shoreline developments should be designed to enhance the scenic view. Policy LU-472.Mixed-use economic developments on the shoreline should be encouraged to provide public recreational opportunities wherever feasible. Policy LU-473.Shoreline facilities for the moorage and servicing of boats and other vessels,may be allowed in appropriate locations within commercial or industrial zones,and should be prohibited in single family zoned areas wherever feasible,unless part of a public recreation property in a residential zone. 1.Commercial dockings and marinas are to meet all health standards. 2.Marinas and other economic activities are to be required to contain and clean up spills or discharges of pollutants associated with boating activities. 3.Shoreline facilities for the moorage and servicing of boats and other vessels should be developed in size and location when it would not impair unique or fragile areas,or impact Federal or State listed species. Policy LU-474.The expansion of log raft storage on Lake Washington should be discouraged. Policy LU-475.Containment or mitigation of pollutants is to be required of all economic activities on the shoreline by property owner and/or operator. Shoreline Residential Uses Objective LU-GGGG:Existing residential uses are to be recognized,but future residential development should optimize regulated public access to and along the shorelines consistent with legal property rights of the owner. Policy LU-476.Residential uses over water should not be permitted. Policy LU-477.Residential development should not be constructed in unique and fragile areas. City of Renton Land Use Element p.11 ORDINANCE NO.5135 Policy LU-478.New residential developments along or impinging upon the shoreline should be permitted only where sanitary sewer facilities are available. Policy LU-479.Future shoreline subdivision,multifamily developments,and planned urban developments (P.D.D.)should provide regulated public access to and/or along the water's edge. Policy LU-480.New residential developments should optimize utilization of open space areas. Policy LU-481.All further development on the shorelines of the May Creek east ofFAI-405 right-of-way and that portion of Springbrook Creek beginning from approximately SW 27th Street on the north to SW 31st Street on the south, abutting City-owned wetlands in this area,and for that portion of the west side of the Creek in the vicinity of SW 38th Street abutting the City's recently acquired Wetlands Mitigation Bank should be compatible with the existing natural state of the shoreline. 1.Low density development should be encouraged to the extent that such development would permit and provide for the continuation of the existing natural character of the shoreline,and is consistent with the underlying zoning. 2.For the subject locations,the waterways should be left in an undeveloped natural state as much as possible. Shoreline Recreation Objective LU-HHHH:Water-oriented recreational activities available to the public are to be encouraged. Policy LU-482.Water-oriented recreational activities should be encouraged. 1.Accessibility to the water's edge should be improved. 2.Shoreline park areas should be increased in size and number. 3.Areas for specialized recreation should be developed. 4.Both passive and active recreational areas are to be provided. Policy LU-483.Recreational fishing should be supported,maintained and increased. Policy LU-484.As private shorelands are developed,rights of public access should be attained based upon public access and recreation plans developed by the City. Policy LU-485.Local jurisdictions should join in a cooperative effort to expand recreational opportunities through programs of acquisition,development,and maintenance of waterfront areas. Policy LU-486.Subject to State and Federal regulations,the water's depth may be changed to foster recreational aspects. City of Renton Land Use Element p.12 ORDINANCE NO.5135 Shoreline Public Access Objective LU-IIII:Increase public accessibility to shorelines,and preserve and improve the natural amenities. Policy LU-487.Public access should recognize and be consistent with legal property rights of the owner. Policy LU-488.Just compensation should be provided to property owners for land acquired for public use. Policy LU-489.Public access to and along the water's edge should be consistent with public safety and preservation/conservation of the natural amenities. Policy LU-490.Public access to and along the water's edge should be available throughout publicly owned shoreline areas. Policy LU-491.Public access from public streets should be made available over public property or by easement. Policy LU-492.Future multi-family,planned urban developments,subdivisions, commercial and industrial developments should be encouraged to provide public access along the water's edge. Policy LU-493.Private access to the publicly owned shoreline corridor should not be denied to owners of property contiguous to said corridor. Policy LU-494.When making extensive modifications or extensions to existing structures, multi-family,planned urban development,subdivision,comm~rcial and industrial developers should be encouraged to provide for public access to and along the water's edge if physically feasible. Policy LU-495.High-rise structures in the shoreline jurisdiction generally should not be permitted,but could be permitted in the shoreline jurisdiction if: 1.Views of the shoreline would not be substantially obstructed due to topographic conditions,and 2.Some overriding considerations of the public interest would be served. Shoreline low-rise development should provide substantial grade level views of the water from public shoreline roads running generally parallel to the water's edge. Policy LU-496.Both passive and active public areas should be designed and provided. Policy LU-497.In order to encourage public use of the shoreline corridor,public parking should be provided at frequent locations. Policy LU-498.Preservation or improvement of the natural amenities should be a basic consideration in the design of shoreline areas to which public access is provided,including the trail system. City of Renton Land Use Element p.13 ORDINANCE NO.5135 Policy LV-499.In planning for public access,emphasis should be placed on foot and bicycle paths rather than roads,except in areas where public boat launching would be desirable. Shoreline Circulation Objective LV-JJJJ:Minimize motor vehicular traffic and encourage pedestrian traffic within the shorelines. Policy LV-SOO.Shoreline roadways should be scenic boulevards where possible. Road standards should meet roadway function and emergency access standards and provide for multiple modes,while reducing impervious surfaces where feasible,and managing surface water runoff to achieve appropriate water quality. Policy LV-SOL Public transportation should be encouraged to facilitate access to shoreline recreation areas. Policy LV-S02.Pedestrian and bicycle pathways,including provisions for maintenance,operation and security,should be developed. 1.Access points to and along the shoreline should be linked by pedestrian and bicycle pathways. 2.Separate pedestrian and bicycle pathways should be included in new or expanded bridges or scenic boulevards within the shorelines. 3.Separate pedestrian and bicycle pathways should be included in publicly financed transportation systems or rights-of-way,consistent with public interest and safety. Policy LV-S03.Commercial boating operations,other than marinas,should be discouraged,but if permitted,should be limited to commercial and industrial areas. Shoreline Historic/Cultural/ScientijiclEducation Resources &Activities Objective LV-KKKK:Shoreline areas having historical,cultural,educational, or scientific value should be retained. Policy LV-S04.Through programs,acquisition,or regulations,shoreline sites with historic,cultural,educational,or scientific value should be protected,and such features may be integrated with other shoreline uses if appropriate to the character of the resource. Policy LV-50S.Historic and Archaeological Resources Objective LU-O and associated policies are incorporated by reference as part of the City of Renton Shoreline Master Program objectives and policies. City of Renton Land Use Element p.14 ORDINANCE NO.5135 Urban Environment Conserv<lncy Environment Natural Environment Water Class 1 CityUmits ~~ November 2003: Corrected April 2005 ,r:,I:L}t L )•d.::J:ili.;:r::=:£:?ii:~21LJJik _ -\!~City of Renton 1 l~~J Shoreline t r~Environments Map r There may be wetlands and tloodwaysassociated with other Shorelines of the Slale within the City of Renton that are not shown on this map.Those associ.ated wetiands and lfoodways are also governed by the City's Shoreline regulations. Figure XII-A:City of Renton Shoreline Environments Map City of Renton Land Use Element p.15 ORDINANCE NO.5135 SH(~RELINE Ml~STEf~Pf{OGRAM SPRINGBROO!(C!~EEK SHORELINE BOUNO,t\RY MAP e Pl"NNlNGlBUIlDINOIPUBUC WORKS +~...RJI1ICOalt.D.Vlu••II.Dol.DO "UNIIT 1884 U Urban EnYlronmant o 1000 2000 C Con.e"lncJ Environment ~I~~'~~~~~!i.;1 ~WaUanda 1:12000 ----Shorallna Boundary --CltyUmlia Note:This map depicts the approximate location of the Springbrook Creek shoreline boundary and associated wetlands governed by the Renton Shoreline Master Program.Application of the Renton Shoreline Master Program to a property is detennined on a site-specific basis by the Development Services Division utilizing the regulations and definitions in the Program and any site specific environmental analysis. Figure XII-B:City of Renton Springbrook Creek Shoreline Environments Detail City of Renton Land Use Element p.16 °RPINANCENO.5135 Exhibit C The Comprehensive Plan Glossary is amended to include the following terms.The remaining terms in the glossary are unchanged. GLOSSARY flood way:For purposes of detennining the jurisdiction of the Renton Shoreline Master Program in conjunction with the definition of "shoreland"below,"floodway"means those portions of the' area of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity,although not necessarily annually,said floodway being identified,under normal condition,by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition.The floodway shall not include those lands that can reasonably be expected to be protected flood waters by flood control devices maintained by or maintained under license from the Federal Government,the State,or a political subdivision of the State. high rise:For the purposes of the Renton Shoreline Master Program,a structure exceeding seventy-five (75)feet in height. Master Program:The comprehensive shoreline use plan for the City of Renton and the use regulations,together with maps,diagrams,charts or other descriptive material and text,and a statement of desired goals and standards developed in accordance with the policies enunciated in Section 2 of the Washington State Shoreline Management Act. mixed-use,shoreline:For the purposes of the Renton Shoreline Master Program,the combining of compatible uses within one development,of which the major use or activity is water-oriented. All uses or activities other than the major one are directly related and necessary to the major use or activity. shoreland or shoreland areas:For the purposes of the Renton Shoreline Master Program,those lands extending landward for two hundred (200)feet in all directions,as measured on a horizontal plane from ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways;and all marshes,bogs,swamps,and river deltas,associated with streams,lakes and tidal waters which are subject to the provisions of the State Shorelines Management Act.For purposes of detennining jurisdictional area,the boundary will be either two hundred (200)feet from the ordinary high water mark,or two hundred (200) feet from the floodway,whichever is greater. shorelines:For the purposes of the Renton Shoreline Master Program,all of the water areas of the State regulated by the City of Renton,including reservoirs,and their associated shorelands, together with the lands underlying them,except: A.Shorelines of state-wide significance. GLOSSARY Page 1 of3 ORDINANCE NO.5135 B.Shorelines on segments of streams upstream of a point where the mean annual flow is twenty (20)cubic feet per second or less and the wetlands associated with such upstream segments. C.Shorelines on lakes less than twenty (20)acres in size and wetlands associated with such small lakes. shorelines of state-wide significance:For the purposes of the Renton Shoreline Master Program,those shorelines described in RCW 90.58.030(2)(e). shorelines of the state:For the purposes of the Renton Shoreline Master Program,the total of all shorelines and "shorelines of state-wide significance"regulated by the City of Renton. unique and fragile areas:For the purposes of the Renton Shoreline Master Program,those portions of the shoreline which (1)contain or substantially contribute to the maintenance of endangered or valuable forms of life and (2)have unstable or potentially hazardous topographic, geologic or hydrologic features (such as steep slopes,marshes). water-dependent:For the purposes of the Renton Shoreline Master Program,referring to uses or portions of a use which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.Examples of water-dependent uses may include ship cargo terminal loading areas,ferry and passenger terminals,barge loading facilities,ship building and dry docking,marinas,aquaculture,float plane facilities and sewer outfalls. water-enjoyment:For the purposes of the Renton Shoreline Master Program,referring to a recreational use,or other use facilitating public access to the shoreline as a primary characteristic of the use;or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through the location,design and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline.In order to qualify as a water-enjoyment use,the use must be open to the general public and the shoreline oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment.Primary water-enjoyment uses may include,but are not limited to,parks,piers and other improvements facilitating public access to the shorelines of the state;and general water-enjoyment uses may include,but are not limited to restaurants,museums,aquariums,scientific/ecological reserves,resorts/hotels and mixed-use commercial/office;provided that such uses conform to the above water-enjoyment specifications and the provisions of the Renton Shoreline Master Program. water-oriented/non-water-oriented:For the purposes of the Renton Shoreline Master Program, "water-oriented"refers to any combination of water-dependent,water-related,and/or water- enjoyment uses and serves as an all-encompassing definition for priority uses under the Shoreline Management Act."Non-water oriented"serves to describe those uses which have little or no relationship to the shoreline and are not considered priority uses under the Shoreline Management Act.Examples of non-water-oriented uses include professional offices,automobile GLOSSARY Page 2 of3 ORDINANCE NO.5135 sales or repair shops,mini-storage facilities,multi-family residential development,department stores and gas stations;these uses may be considered water-oriented where there is significant public access. water-related:For the purposes of the Renton Shoreline Master Program,referring to a use or portion of a use which is not intrinsically dependent on a waterfront location,but whose economic viability is dependent upon a waterfront location because: A.Of a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water,or B.The use provides a necessary service supportive of the water-dependent commercial activities and the proximity of the use to its customers makes its services less expensive and/or more convenient.Examples include manufacturers of ship parts large enough that transportation becomes a significant factor in the products cost,professional services serving primarily water- dependent activities and storage of water-transported foods. Examples of water-related uses may include warehousing of goods transported by water,seafood processing plants,hydroelectric generating plants,gravel storage when transported by barge,oil refineries where transport is by tanker,and log storage. GLOSSARY Page 3 of3