HomeMy WebLinkAboutCOW 2011-06-27 Item 4A - Shoreline Master Program - Ordinance - Attachment A.13: Shoreline Restoration j
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13. SHORELINE RESTORATION
The Shoreline Restoration Plan, found in Appendix B, identifies the sites that have been
identified to -date as possible locations for habitat restoration along the Green/Duwamish
River. The City will continue to add sites to the Restoration Plan as they are identified
and will include them in the City's Capital Improvement Program for acquisition and
improvement. Project sites in the Transition Zone have the highest priority for
acquisition. Amendments or revisions to the Restoration Plan do not require an
amendment to the Shoreline Master Program.
13.1 Shoreline Substantial Development Permit Not Required
Shoreline restoration projects shall be allowed without a Shoreline Substantial
Development Permit when these projects meet the criteria established by WAC 173 -27-
1 040(o) and (p) and ?s -�-2 199 RCW 90.58.580.
13.2 Chances in Shoreline Jurisdiction due to Restoration
Relief may be granted from shoreline master program standards and use regulations in
cases where shoreline restoration projects result in a change in the location of the OHWM
and associated shoreline jurisdiction on the subject property and/or adjacent properties
and where application of shoreline master program regulations would preclude or
interfere with the uses permitted by the underlying zoning, thus presenting a hardship to
the project proponent.
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A. Applications for relief, as specified on subsection B below must meet the
following criteria:
1. The proposed relief is the minimum necessary to relieve the hardship;
2. After granting the proposed relief, there is net environmental benefit from
the restoration project; and
3. Granting the proposed relief is consistent with the objectives of the
shoreline restoration project and with the shoreline master program.
Where a shoreline restoration project is created as mitigation to obtain a
development permit, the project proponent required to perform the mitigation is
not eligible for relief under the provisions of this section.
The Department of Ecoloav must review and approve applications for relief.
B.For tThe portion of property that moves from outside shoreline jurisdiction to inside
shoreline jurisdiction as a result of the shoreline restoration project the City may consider
the followint`, consistent with the criteria in A above:
1. ma� be nermittins developmentd for the full range of uses of the
underlying zoning consistent with the zoning code, including uses that are
not water oriented;
2. is not Fequifed waivina the requirement to obtain a shoreline substantial
development permit if it is otherwise exempt from. the reauirement for a
Substantial development permit;
3. i s not ubjeet waiving the SMP provisions for public access;
4.
subjeet to waiving; the requirement for shoreline design review; and
5 i s su'jeet to waiving? the development standards set forth in this
Program, except as set forth in Section 13.2 C.
The intent of the exemptions identified in A 1 -4 is to implement the restoration projects
of the Shoreline Master Program Restoration Plan, which reflect the projects identified in
the Water Resource Inventory (WRIA) 9 Plan pursuant to Policy 5.2 of this Master
Program. Projects will continue to be added to the Restoration Plan as they are
identified.
C. Consistent with the provisions of subsection A. above, the Shoreline Residential
Environment Buffer, High Intensity or Urban Conservancy Environment Buffer width
may be reduced to no less than 25 feet measured from the new location of the OHWM for
the portion of the property that moves from outside the shoreline jurisdiction to inside
shoreline jurisdiction as a result of the shoreline restoration project, subject to the
following standards:
1. The 25 foot buffer area must be vegetated according to the requirements of the
Vegetation Protection and Landscaping Section or as otherwise approved by
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the City; and
2. The proponents of the restoration project are responsible for the installation
and maintenance of the vegetation.
D. The habitat restoration project proponents must record with King County a survey
that identifies the location of the OHWM location prior to implementation of the
shoreline restoration project, any properties and structures that fall within the shoreline
jurisdiction and the new location of the OHWM once construction of the shoreline
restoration project is completed and any properties that are brought under shoreline
jurisdiction due to the restoration project. As the location of the OHWM is not static, it
may be necessary for future projects to re- survey the location of the OHWM.
E D. Shoreline restoration projects must obtain all U.S. Army Corps of Engineers and
Washington State Department of Fish and Wildlife approvals as well as written approval
from the City.
CL 152 06/21/2011 9:49 AM
W: \Shoreline \Council Review\ \Document \Council Adopted SMP- Revised per Ecology Required Changes
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CL 153 06/21/20119:49 AM
W: \Shoreline \Council Review \\Document \Council Adopted SMP- Revised per Ecology Required Changes
169