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HomeMy WebLinkAboutCOW 2011-06-27 Item 4A - Shoreline Master Program - Ordinance - Attachment A.11: Public Access to the Shoreline a J J A. d 11. PUBLIC ACCESS TO THE SHORELINE Public access to the shorelines of the state is one of the key goals of the Shoreline Management Act of the seven uses identified in RCW 90.58.020 as having preference in the shoreline, two relate to public access and recreational opportunities along the shoreline. The City of Tukwila is fortunate to have a number of public access sites already along the Green/Duwamish River in addition to the Green River Trail, which runs along almost the entire length of the river through the City. Other public access points are available at the North Winds Wier, the Tukwila Community Center, Codiga Park, Bicentennial Park at Strander Boulevard and parking available on Christianson Road and at S. 180 Street. A future habitat restoration project is planned at Duwamish Riverbend Hill, on South 115 Street, which will also include public access to the river. The Public Access Map (Map 6) identifies several street ends that could be improved or to which amenities could be added that would offer opportunities for neighborhood access to the river and/or the Green River Trail. The Shoreline Public Access Map identifies several potential trail sites on the river to supplement the existing Green River trail system. The largest stretch of potential trail runs from S. 180 on the left bank to the end of south annexation area. A pedestrian bridge to link the area south of S. 180 Street to the existing trail on the right bank is being discussed as well. A second area where improvement is needed in public access relates to boat launches for small hand launched boats. Several potential sites have been identified in the Tukwila Parks Department Capital Improvement Program to address this need at City -owned sites. CL 136 06/21/2011 9:49 AM W: \Shoreline \Council Review \\Document \Council Adopted SMP- Revised per Ecology Required Changes 152 11.1 App licability A. Public access to or along the shoreline as described in Section 11 shall be provided on all property that abuts the Green/Duwamish River shoreline in accordance with this section as further discussed below where any of the following conditions are present. 1. Where a development or use will create increased demand for public access to the shoreline, the development or use shall provide public access to mitigate this impact. 2. Where a development or use will interfere with an existing public access way, the development or use shall provide public access to mitigate this impact. Impacts to public access may include blocking access or discouraging use of existing on -site or nearby accesses. 3. Where a use or development will interfere with a public use of lands or waters subject to the public trust doctrine, the development shall provide public access to mitigate this impact. 4. Where the development is proposed by a public entity or on public lands. 5. Where identified on the Shoreline Public Access Map. 6. Where a land division of five or Qreater lots, or a residential nroiect of five or creates residential units is nronosed. For the purposes of this section, an "increase in demand for public access" is determined by evaluating whether the development reflects an increase in the land use intensity, for example converting a warehouse to office or retail use, or a significant increase in the square footage of an existing building. A significant increase is defined as an increase of 3,000 square feet. The extent of public access required will be proportional to the amount of increase in the demand for public access. For smaller projects, the Director will review the intent of this section and the scope of the project to determine a reasonable amount of public access to be carried out. Depending on the amount of increase, the project may utilize the alternative provisions for meeting public access in Section 11.6.C. The terms and conditions of Section 11.1 and 11.2 shall be deemed satisfied if the applicant and the City agree upon a master trail plan providing for public paths and trails within a parcel or group of parcels. B. The provisions of this section do not apply to the following: 1. Short plats of four or fewer lots; CL 137 06/21 /2011 9:49 AM W: \Shoreline \Council Review \\Document \Council Adopted SMP- Revised per Ecology Required Changes 153 2. Where providing such access would cause unavoidable health or safety hazards; 3. Where providing such access would create inherent and unavoidable security problems; or 4. Where providing such access would cause significant ecological impacts that cannot be mitigated. For items 2 -4 above, to qualify for an exemption, the procedures in 11.6 must be met. 11.2 General Standards A. To improve public access to the Green/Duwamish Rivcr, sites shall be designed to provide: 1. Safe, visible and accessible pedestrian and non motorized vehicle connections between proposed development and the river's edge particularly when the site is adjacent to the Green River Trail or other approved trail system; and 2. Public pathway entrances that are clearly visible from the street edge; and 3. Clearly identified pathways that are separate from vehicular circulation areas. This may be accomplished through the use of special paving materials such as precast pavers, bomonite, changes in color or distinct and detailed scoring patterns and textures. 4. Site elements that are organized to clearly distinguish between public and private access and circulation systems. B. Required public access shall be fully developed and available for public use at the time of occupancy in accordance with development permit conditions except where the decision maker determines an appropriate mechanism for delayed public access implementation is necessary for practical reasons. Where appropriate, a bond or cash assignment may be approved, on review and approval by the Director of Community Development, to extend this requirement for 90 days from the date the Certificate of Occupancy is issued. C. Public access easements and related permit conditions shall be recorded on the deed of title or the face of the plat, short plat or approved site plan as a condition tied to the use of the land. Recording with the County shall occur prior to the issuance of an Occupancy Permit or final plat approval. Upon redevelopment of such a site, the easement may be relocated to facilitate the continued public access to the shoreline. D. Approved signs indicating the public's right of access and hours of access, if restricted, shall be constructed, installed and maintained by the applicant in conspicuous locations at public access sites. Signs should be designed to distinguish between public and private areas. Signs controlling or restricting public access may be approved as a condition of permit approval. CL 138 06/21/2011 9:49 AM W: \Shoreline \Council Review\ \Document \Council Adopted SMP- Revised per Ecology Required Changes 154 E. Required access must be maintained throughout the life of the project. F. Public access features shall be separated from residential uses through the use of setbacks, low walls, berms, landscaping, or other device of a scale and materials appropriate to the site. G Shared public access between developments is encouraged. Where access is to be shared between adjacent developments, the minimum width for the individual access easement may be reduced; provided that the total width of easements contributed by each adjacent development equals a width that complies with Fire Department requirements and/or exceeds the minimum for an individual access. H. Public access sites shall be connected directly to the nearest public area (e.g., street, public park, or adjoining public access easement). Where connections are not currently possible, the site shall be designed to accommodate logical future connections. 11.3 Requirements for Shoreline Trails A. Development on Properties Abutting Existing Green River Trail Development on properties abutting the existing trail shall upgrade the trail along the property frontage to meet the standards of a 14 foot wide trail with 2 foot shoulders on each side. B. Development on Properties Where New Trails are Planned An 18 -foot wide trail easement dedicated to the City for public access along the river shall be provided in areas identified for new shoreline trail segments (Shoreline Public Access Map, Map 6). 11.4 Publiclv -Owned Shorelines A. Shoreline development by any public entities, including but not limited to the City of Tukwila, King County, port districts, state agencies, or public utility districts, shall include public access measures as part of each development project, unless such access is shown to be incompatible due to reasons of safety, security, impact to the shoreline environment or other provisions listed in this section. B. The following requirements apply to street ends and City -owned property adjacent to the River, as shown in Public Access Map, Map 6. 1. Public right -of -way and "road- ends," or portions thereof, shall not be vacated CL 139 06/21/2011 9:49 AM W: \Shoreline \Council Review \\Document \Council Adopted SMP- Revised per Ecology Required Changes 155 and shall be maintained for future public access. 2. Unimproved right -of -ways and portions of right -of -ways, such as street ends and turn-outs, shall be dedicated to public access uses until such time as the portion becomes improved right -of -way. Uses shall be limited to passive outdoor recreation, car top boat launching, fishing, interpretive /educational uses, and/or parking, which accommodates these uses, and shall be designed so as to not interfere with the privacy of adjacent residential uses. 3. City -owned facilities within the Shoreline Jurisdiction shall provide new trails and trail connections to the Green River Trail in accordance with approved plans and this SMP. 4. All City -owned recreational facilities within the shoreline jurisdiction, unless qualifying for an exemption as specified in this Chapter, shall make adequate provisions for a. Non motorized and pedestrian access; b. The prevention of trespass onto adjacent properties through landscaping, fencing or other appropriate measures; e. Signage indicating the public right -of -way to shoreline areas; and d. Mechanisms to prevent environmental degradation of the shoreline from public use. 11.5 Public Access Incentives This section provides allowances for increased maximum height limits for buildirlL�s in shoreline iurisdiction when certain public access n.rovisions are provided with shoreline development. Prior to annroval of anv building greater than 35 feet in height within shoreline Jurisdiction, the development nroponent must demonstrate that the proposed building will not block the views of a substantial number of residences. A. The minimum yard setback for buildings, uses, utilities or development from non- riverfront lot lines may be reduced as follows: 1. Where development provides a public access corridor between off -site areas, or public shoreline areas to public shoreline areas, one side yard may be reduced to a zero lot line placement; or 2. Where development provides additional public access area(s) equal in area to at least 2.5% of total building area, the front yard (the landward side of the development) may be reduced by 50 percent. B. The maximum height for structures may be increased by 15% when: 1. Development devotes at least 5% of its building or land area to public shoreline access; or CL 140 06/21/20119:49 AM W: \Shoreline \Council Review\ \Document \Council Adopted SMP- Revised per Ecology Required Changes 156 2. Development devotes at least 10% of its land area to employee shoreline access. C. The maximum height for structures may be increased by a maximum of 25% when: 1. One of the criteria under 11.5 B. is met; and 2. The applicant restores or enhances the entire shoreline buffer, including but not limited to paved areas no longer in use on the property to offset the impact of the increase in height. Buffer restoration/enhancement projects undertaken to meet the requirements at 11.6 C. are not eligible for this incentive. 3. No combination of incentives from 11.5 B, 11.5 C or 9.3 C may be used to gain more than a 25% height increase. D. The maximum height for structures may be increased to the h ~efmitted i the un aistf et for properties that construct a 14' wide paved trail with a two foot wide shoulder on each side for public access along the river in areas identified for new shoreline trail segments, or where, in the case of properties containing or abutting existing public access trails, the existing trail either meets the standard of a 14 foot wide trail with two foot shoulders on either side or the property owner provides any necessary easements and improvements to upgrade the existing trail to that standard along the property frontage. DulinL) the moiect review, the increased he4zht shall be affirmatively demonstrated to: 1. Not block the views of a sh number of residences, 2. Not cause environmental impacts such as, but not limited to, shading of the river buffer or liszht irnnacts adversely affecti.ni; the river corridor, and 3. Achieve no net loss of ecological fiulction. In no case shall the building; hei <aht be _Yreater than 115 feet pursuant to this provision. 11.6 Exemptions from Provision of On -Site Public Access A. Requirements for providing on -site general public access, as distinguished from employee access, will not apply if the applicant can demonstrate one or more of the following: 1. Unavoidable health or safety hazards to the public exist related to the primary use that cannot be prevented by any practical means; 2. Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions; 3. The cost of providing the access, easement or other public amenity on or off the development site is unreasonably disproportionate to the total long -term cost of the proposed development. 4. Unavoidable environmental harm or net loss of shoreline ecological functions that cannot be adequately mitigated will result from the public access. 5. Access is not feasible due to the configuration of existing parcels and structures, such that access areas are blocked in a way that cannot be remedied reasonably by the proposed development. CL 141 06/21/2011 9:49 AM W: \Shoreline \Council Review \\Document \Council Adopted SMP- Revised per Ecology Required Changes 157 6. Significant undue and unavoidable conflict between the proposed access and adjacent uses would occur and cannot be mitigated. 7. Space is needed for water dependent uses or navigation. B. In order to meet any of the above referenced conditions, the applicant must first demonstrate, and the City determine in its findings that all reasonable alternatives have been exhausted, including but not limited to: 1. Regulating access by such means as maintaining a gate and /or limiting hours of use; 2. Designing separation of uses and activities through fencing, terracing, hedges or other design features; or 3. Providing access on a site geographically separate from the proposal such as a street end cannot be accomplished. C. If the above conditions are demonstrated, and the proposed development is not subject to the Parks Impact Fee, alternative provisions for meeting public access are required and include: 1. Development of public access at an adjacent street end; 2. Protection through easement or setbacks of landmarks, unique natural features or other areas valuable for their interpretive potential 3. Contribution of materials and/or labor, toward shoreline projects identified in the Parks and Recreation Master Plan, the Shoreline Restoration Plan, or other City adopted plan; or 4. At the Director's discretion, the applicant may provide restoration/enhancement of the shoreline jurisdiction to a scale commensurate with the foregone public access in lieu of public access. CL 142 06/21/2011 9:49 AM W: \Shoreline \Council Review \\Document \Council Adopted SMP- Revised per Ecology Required Changes 158 CL 143 06/21/2011 9:49 AM W: \Shoreline \Council Review \\Document \Council Adopted SMP- Revised per Ecology Required Changes 159 Map 6 Shoreline i Public Access Turning Baste c u Potential Trail t a G R Gre en leer Trail LT a, Interurban .Trail r' Ii Legend Tukwila City Limits y1 Potential Annexation Areas City of Tukwila Propert interurban Trail^ Green River Trail Potential New Trail Street Ends Potential Public Access i r I"= MILE 160 CL 145 06/21/2011 9:49 AM W: \Shoreline \Council Review\ \Document \Council Adopted SMP- Revised per Ecology Required Changes 161