Chapter 12.52
FITZGERALD/35TH AVENUE SE SUBAREA REGULATIONS

Sections:

12.52.010    Purpose.

12.52.020    Special regulations applying to lands within the North Creek Protection Area having a zoning classification of R 40,000 (LID) or R 9,600 (LID) and lands located in the eastern portion of the subarea having a zoning classification of R 9,600.

12.52.030    R 5,400a zoning at south end of subarea.

12.52.040    Special regulations applying to lands within an R 9,600 zoning classification located in the eastern portion of the subarea.

12.52.050    Preservation of the hydrologic cycle within the North Creek Protection Area (NCPA).

12.52.060    Wildlife standards within the North Creek Protection Area (NCPA).

12.52.070    Definitions.

Code reviser’s note: Amendments to this chapter from Ordinance 2163 were invalidated by a Central Puget Sound Growth Management Hearings Board Final Decision and Order. Recognition of the regulations in effect prior to Ordinance 2163 were affirmed by the city council by Resolution 1332.

12.52.010 Purpose.

Subarea zoning regulations implement subarea-specific policies in the Imagine Bothell... Comprehensive Plan. The subarea zoning regulations in this chapter apply specifically to land within the Fitzgerald/35th Avenue SE Subarea. Subarea zoning regulations are in addition to city-wide zoning regulations or, where more restrictive or if these subarea regulations provide a specific provision, take the place of city-wide zoning regulations. (Ord. 2215 § 3 (Exh. B3), 2016; Res. 1332; Ord. 2163 § 2 (Exh. B-3), 2014; Ord. 2137 § 2 (Exh. B), 2013; Ord. 2053 § 3 (Exh. C), 2010; Ord. 1988 § 1, 2008; Ord. 1946 § 2, 2005; Ord. 1685, 1997; Ord. 1629 § 1, 1996).

12.52.020 Special regulations applying to lands within the North Creek Protection Area having a zoning classification of R 40,000 (LID) or R 9,600 (LID) and lands located in the eastern portion of the subarea having a zoning classification of R 9,600.

The Fitzgerald/35th Avenue SE Subarea contains a number of important fish and wildlife habitat supporting features including extensive critical areas, an extensive tree canopy, presence of salmon streams, important low temperature groundwater contributions to North Creek, and other important elements which promote the long-term vitality of the fisheries resources found within North Creek. The following special regulations are applied to those lands which have been deemed to be particularly important to maintaining the health of North Creek and are crafted to protect the groundwater resources of the Palm, Woods, Cole, Spring Stream, and North Creek drainage basins:

A.    Special Use Requirements to Protect Groundwater Resources Including the Following Uses or Activities.

1.    Vehicle Repair and Servicing.

a.    Vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur.

b.    No dry wells shall be allowed in the subarea on sites used for vehicle repair and servicing. Dry wells existing on the site prior to facility establishment must be abandoned using techniques approved by the state Department of Ecology prior to commencement of the proposed activity.

2.    Aboveground Tanks. All new aboveground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to:

a.    Not allow the release of a hazardous substance to the ground, groundwaters, or surface waters; and

b.    Have a primary containment area enclosing or underlying the tank or part thereof.

3.    Underground Tanks. All new underground storage facilities proposed for use in the storage of hazardous substances or hazardous wastes shall be designed and constructed so as to:

a.    Prevent releases due to corrosion or structural failure for the operational life of the tank;

b.    Be protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed to include a secondary containment system to prevent the release or threatened release of any stored substances; and

c.    Use material in the construction or lining of the tank that is compatible with the substance to be stored.

4.    County, State and Federal Regulations. All activities, uses, and construction activities shall be in accordance with applicable county, state and federal regulations for groundwater protection.

5.    Site and Building Design Review Criteria.

a.    The applicant shall demonstrate that the proposed activity will not adversely affect the infiltration and recharging of the groundwater table.

b.    The proposed activity must comply with the water source protection requirements of the U.S. Environmental Protection Agency, Washington State Department of Health, Washington State Department of Ecology, and the King and Snohomish County health districts.

B.    Special Submittal Requirements. In addition to submittals required by applicable city-wide regulations, applications for subdivisions, building permits, grading permits or other development permits not specifically excepted in BMC 12.52.050(B) shall contain the following special studies, information, and evaluations:

1.    A special site study which describes the natural processes existing on and around the site. The applicant may include this information on site maps, site plans, or reports prepared to meet other submittal requirements. Information shall include:

a.    Topography and natural runoff patterns;

b.    Soil type and infiltration potential;

c.    Vegetation cover, including type, density and ability to intercept, retain and retard surface water movement;

d.    Streams and overland water flow patterns;

e.    Wetlands and other critical areas; and

f.    Evaluation of applicable groundwater standards.

2.    Special Fish and Wildlife Habitat Study. A special study which evaluates project impacts on any critical fish and wildlife habitat existing on and in the vicinity of the subject property shall be submitted as part of the application. The special study shall meet the following criteria:

a.    The report shall be prepared in conformance with the general critical areas report requirements of Chapter 14.04 BMC and in addition shall address the existing and potential wildlife use of required forest cover.

b.    Habitat Assessment. A habitat assessment shall be included as part of the special study and shall include:

(1)    The location of any intact forest areas and/or forest cover;

(2)    Detailed description of forest areas, forest cover, and other vegetation cover types;

(3)    Discussion of existing development including buildings, roads, lawn and maintained landscaping including site percentages for total impervious area and EIA, if different. The special study may reference a drainage report or other submittal that contains this information;

(4)    Identification of any species of local importance, priority species, or endangered, threatened, sensitive, or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species;

(5)    A discussion of any federal, state, or local special management recommendations, including Washington Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area;

(6)    A detailed discussion of the direct potential impacts on habitat by the project, including potential impacts to water quality;

(7)    A discussion of specific measures and design features proposed by the applicant to avoid, minimize or mitigate impacts to habitat, including buffers wider than those required in Chapter 14.04 BMC, if found to be warranted;

(8)    A discussion of the specific storm water facilities proposed by the applicant to provide for protection of surface water and groundwater in the vicinity of the development; and

(9)    A discussion of management practices that will protect habitat after the project site has been developed, including proposed monitoring and maintenance.

3.    Additional Information. The community development director may also require the following:

a.    An evaluation by an independent qualified professional of the applicant’s analysis and the effectiveness of any proposed mitigating measures or programs, which evaluation may include any recommendations for alternative mitigating measures or programs; and

b.    Consultation with other agencies such as the Washington Department of Fish and Wildlife or Washington State Department of Ecology or other appropriate agencies as deemed appropriate.

C.    Special Surface Water Runoff Standards.

1.    In addition to the Bothell Surface Water Design Manual as promulgated within the Bothell Standards and adopted pursuant to Chapter 18.02 BMC, the public works director shall specify use of the following specific types of low impact development storm drainage facilities including forest equivalent storm water facilities to be implemented in the following order of preference:

a.    Dispersion into intact forest areas;

b.    Bioretention.

For situations where bioretention or dispersion are determined to be unfeasible due to site conditions allowable storm water facilities may be, in order of preference:

c.    Infiltration;

d.    Other approved LID measures, provided the applicant demonstrates that such measures meet the forest equivalency performance standard stated in the Bothell Surface Water Design Manual;

e.    A combination of infiltration and/or other approved LID measures to reduce the requirement for storm water detention facilities such that the combined system meets the forest equivalency performance standard stated in the Bothell Surface Water Design Manual;

f.    Forest equivalent storm water detention.

2.    These special storm water treatment requirements shall be applied to the entire subject property or site and shall not be limited to the developable area, or that portion of the subject site that is developed.

3.    A maintenance/management plan addressing the long-term maintenance of the proposed surface water facilities consistent with the Bothell Standards and BMC Title 18 shall accompany all development applications.

D.    Special Street Modification Provisions. To accommodate low impact development, the public works director, in consultation with the fire marshal, is authorized to modify the Bothell Design and Construction Standards and Specifications (Bothell Standards) as adopted in BMC 17.02.010 as specifically described below without the need for a variance as provided for in Chapters 17.23 and 18.08 BMC.

1.    Bothell Design and Construction Standards.

a.    Public street width standards may be reduced pursuant to the following:

(1)    Streets classified by the city as public local access streets (ADT less than 500) will be allowed to be constructed as two-lane, two-way, 20-foot-wide clear, drivable surface constructed of a standard paving material; provided, that a prohibition for on-street parking is provided on both sides of the street with appropriate signage.

(2)    Should on-street parking on one side of the street be desired, a six-foot-wide parking area will be added to the 20-foot-wide drivable surface for a total width of 26 feet. The six-foot-wide parking area may be constructed of a pervious material as approved by the public works director.

(3)    Should on-street parking on both sides of the street be desired, a six-foot-wide parking area will be added to both sides of the 20-foot-wide drivable surface for a total width of 32 feet. The six-foot-wide parking area may be constructed of a pervious material as approved by the public works director.

(4)    Local access streets (ADT less than 500) may be allowed to be constructed as one-way looped road sections under the direction of the public works director and the city fire marshal.

(5)    Guest parking must be provided when on-street parking is not constructed. One guest parking stall shall be provided for every four dwelling units. All guest parking will be clearly identified with signage and striping.

b.    Private streets and fire department access drives may be reduced to the following:

(1)    Local access streets (ADT less than 500) will be allowed to be constructed as a 16-foot-wide clear, drivable surface constructed of standard pavement materials, with an additional three-foot pervious material shoulder capable of supporting the imposed weight of a fire apparatus on each side; provided, that a prohibition for on-street parking is provided on both sides of the street with appropriate signage.

(2)    Guest parking must be provided when on-street parking is not constructed. One guest parking stall shall be provided for every four dwelling units. All guest parking will be clearly identified with signage and striping.

c.    Roadway materials standards may be varied according to the following:

(1)    Pervious pavement may be allowed on road shoulders subject to specific standards established by the public works department to ensure serviceability and durability.

(2)    Pervious pavement on emergency vehicle turnouts and traveled ways may be allowed on a case-by-case basis by the public works director in consultation with the fire marshal based on specific plans and information regarding roadway serviceability and durability.

d.    Cul-de-sac and turn-around dimensions may be varied to provide a hammerhead type of design to reduce impervious surface and may be constructed of pervious pavement pursuant to the Bothell Design and Construction Standards; provided, however, that the fire marshal may stipulate the use of special fire prevention facilities such as sprinklers in buildings, special fire hydrant spacing, or other fire prevention facilities.

e.    Pedestrian facility placement, design, and materials standards may be varied according to the following:

(1)    A single sidewalk or trail on one side of the street may be allowed on public roads and private roads and driveways if the following criteria are met:

(A)    The sidewalk is not designated as a primary pedestrian access route to schools;

(B)    The sidewalk does not serve more than 100 dwelling units as the single point of pedestrian access between the residential unit and other elements of the pedestrian circulation system;

(C)    Marked crosswalks are provided to allow pedestrians to safely cross the street to the pedestrian facility at safe locations.

(2)    Pedestrian facilities may utilize pervious pavement subject to specific standards to ensure serviceability and durability.

f.    Parking lot standards may be varied to allow pervious pavement throughout the parking lot, provided drive aisles are capable of supporting the weight of fire apparatus. Pervious pavement shall be required on all portions of the parking lot other than the drive aisle when soil conditions warrant.

E.    The public works director may allow variation in the Bothell Design and Construction Standards and Specifications (Bothell Standards) as provided for in BMC 17.02.010 to accommodate low impact development. When approving alternatives to the standards, the public works director shall review the evidence submitted by the applicant that such modifications are equal to or better than the requirements in these regulations and meet the specific criteria in Section 1-7 of the Bothell Design and Construction Standards. (Ord. 2215 § 3 (Exh. B3), 2016).

12.52.030 R 5,400a zoning at south end of subarea.

Development shall incorporate the installation of a minimum 50-foot-wide vegetated buffer adjacent to detached residential areas with a zoning classification of R 40,000 (LID), utilizing fences, walls, berms, existing mature vegetation or Type III landscaping, or other noise-absorbing or sight-obscuring techniques. The exact width and planting materials to be used in the buffer will be determined in conjunction with development plan review. (Ord. 2215 § 3 (Exh. B3), 2016; Res. 1332; Ord. 2163 § 2 (Exh. B-3), 2014; Ord. 2137 § 2 (Exh. B), 2013; Ord. 2053 § 3 (Exh. C), 2010; Ord. 1988 § 1, 2008; Ord. 1946 § 2, 2005; Ord. 1685, 1997; Ord. 1629 § 1, 1996. Formerly 12.52.020.).

12.52.040 Special regulations applying to lands within an R 9,600 zoning classification located in the eastern portion of the subarea.

Lands located east of 39th Avenue SE that are within the Spring Creek drainage basin and are located outside the Palm and Cole/Woods Creek drainage basins have been removed from the NCPA and zoned R 9,600. However, these lands have an important role in maintaining a healthy hydrologic regime for North Creek and shall be subject to the following special regulations; provided, however, that if site specific analysis as required within BMC 12.52.020(B) identifies that any portion of this area is within the Cole/Woods Creek or Palm Creek drainage basins or supports base flow to the Cole/Woods Creek basin, the special provisions of the NCPA as promulgated within BMC 12.52.050 and 12.52.060 shall be applied.

Special Clustering Provisions Allowed under the Planned Unit Development Process of Chapter 12.30 BMC. Within the Fitzgerald/35th Avenue SE Subarea, on lands with an R 9,600 zoning classification that are located in the eastern portion of the subarea, an applicant may request the following special clustering provisions as modifications under the planned unit development process of Chapter 12.30 BMC. Specifically, BMC 12.30.040(A) (B) and (C) are modified as follows:

A.    Special lot yield calculation for properties within the Fitzgerald/35th Avenue SE Subarea with a zoning classification of R 9,600:

1.    The net buildable area of the development site shall be calculated pursuant to BMC 12.14.030(B)(3) wherein land area in roads and other rights-of-way, critical areas, critical area buffers, or land dedicated to the city for other purposes, shall be deducted from the gross site area;

2.    To determine the maximum permitted number of lots upon the subject property, the net buildable area shall be divided by the underlying zoning classification’s minimum lot area thereby deriving the allowed maximum number of lots. Portions of the net buildable area placed into a dedicated open space tract pursuant to subsection C of this section may be credited toward the lot yield calculation.

B.    Lot Area, Lot Circles, Side Yard Setbacks, Building Coverage and Hard Surface Coverage Modifications. The minimum lot area, lot circles, side yard setbacks and building coverage provisions of BMC 12.14.030(A) may be modified as follows:

1.    Lot Area. The minimum lot area per single-family lot may be reduced by as much as 50 percent of the underlying zoning minimum lot area;

2.    Lot Circle. The minimum lot circle for each single-family lot may be reduced by as much as 50 percent of the underlying zoning minimum lot circle;

3.    Side Yard Setbacks. Side yard setbacks may be modified such that the minimum side yard setback shall be five feet for both side yards, meaning that both side yard setbacks may add up to 10 feet instead of the 15 feet required under BMC 12.14.030(A);

4.    Building Coverage. The maximum building coverage percentage for each single-family lot may be increased up to 45 percent of the lot area; provided, however, that the total building coverage allowed on the total development site shall be no greater than 35 percent of the net buildable area; and

5.    Hard Surface Cover. The maximum hard surface cover per single-family residential lot may be increased up to 55 percent of the lot area; provided, however, that the total hard surface cover allowed on the total development site shall be no greater than 45 percent of the net building area.

C.    Open Space/Forest Preservation.

1.    Utilizing the PUD process of Chapter 12.30 BMC, developments may implement the special clustering provisions of this chapter provided the development reserves a portion of the site as dedicated, permanent open space not available for future development consistent with the following criteria.

2.    Amount of Land to Be Preserved.

a.    A minimum of 10 percent of the net buildable area of the site shall be placed within a dedicated forest or forest equivalent surface water facility tract to be preserved in perpetuity consistent with the special provisions of BMC 12.52.050(C)(3)(d); or

b.    The city may approve an increase in the number of lots beyond the number allowed by the special calculated lot yield pursuant to subsection (A)(1) of this section, provided additional land is dedicated as a forest or forest equivalent surface water facility tract consistent with the following:

(1)    Preserving at least 15 percent of the net buildable area as open space consistent with this chapter, an increase of 10 percent of the calculated lot yield; or

(2)    Preserving at least 20 percent of the net buildable area as open space consistent with this chapter, an increase of 15 percent of the calculated lot yield; or

(3)    Preserving at least 25 percent of the net buildable area as open space consistent with this chapter, an increase of 20 percent of the calculated lot yield; or

(4)    Preserving at least 30 percent of the net buildable area as open space consistent with this chapter, an increase of 25 percent of the calculated lot yield.

3.    Type of Land to Be Preserved as Open Space. The type of open space shall be based upon the following hierarchical preference. Applicants shall demonstrate that all reasonable efforts have been made to design the development in a manner that preserves the types of lands listed herein consistent with these hierarchical preferences:

a.    Intact forest areas as defined herein;

b.    Lands containing “forest equivalent” bioretention surface water facilities or intact forest areas that accept dispersed surface water;

c.    Rehabilitated or restored forest areas as defined herein;

d.    Lands adjacent to critical area buffers; and

e.    Lands containing other types of forest equivalent surface water facilities. To be credited toward preservation of open space, storm water vaults or other closed or underground systems placed within areas designated for open space shall have recreational uses, such as but not limited to play areas, open lawn areas, and sports courts placed on top of or above such underground facilities. (Ord. 2215 § 3 (Exh. B3), 2016).

12.52.050 Preservation of the hydrologic cycle within the North Creek Protection Area (NCPA).

The North Creek Protection Area (NCPA) is assigned to properties within the Fitzgerald/35th Avenue SE Subarea as a special regulation to protect the known critical fish and wildlife habitat present in this subarea through special low impact development (LID) overlay regulations. The Palm, Woods and Cole Creek drainage basins within the Fitzgerald/35th Avenue SE Subarea have been identified as particularly important sources of cool water for North Creek, via groundwater and surface water movement. Cool water promotes the long-term vitality of the fisheries resources found in North Creek. This chapter augments and amends other development codes by establishing regulations for the maintenance and restoration of the hydrologic cycle, particularly as it affects protection of surface and groundwater resources. This land use section shall be used in conjunction with the latest version of the Bothell Surface Water Design Manual as contained within the Bothell Design and Construction Standards and Specifications (Bothell Standards).

A.    Intent and Application. These standards are applied in addition to zoning and other code regulations. In the event of a conflict with another code regulation, the provision which provides the greater protection to the resource shall be applied. Authority is provided for the community development director and public works director to allow modification of the specific design and construction standards and regulations identified in this chapter to accommodate these provisions.

B.    Exceptions. The special provisions of the NCPA shall not be applied to the following activities or developments; provided, however, that all activities and developments shall fully comply with the city’s critical areas regulations of Chapter 14.04 BMC, the Bothell Design and Construction Standards, including the Bothell Surface Water Design Manual, the tree retention requirements of Chapter 12.18 BMC and all other applicable city-wide regulations:

1.    Existing development on lots of record in existence on or before March 15, 2008;

2.    Construction of one single-family residence on any lot of record legally established on or before March 15, 2008;

3.    Short subdivisions within lands zoned R 9,600 (LID) and R 40,000 (LID) proposing a lot area of 40,000 square feet or greater may be exempt from the special provisions of this section provided the short subdivision:

a.    Creates no more than four lots; and

b.    Complies with the area, dimensional, setback, building coverage, hard surface coverage, building height and other standards of the city’s R 40,000 zoning classification as stipulated within Chapter 12.14 BMC; and

c.    Complies with all other city-wide regulations including the critical areas regulations, the tree retention requirements of Chapter 12.18 BMC, other applicable provisions of the zoning code, the latest edition of the Bothell Surface Water Design Manual and other city-wide standards; and

d.    The maximum lot area provisions of BMC 12.14.030(B)(2)(c) shall not apply to such short subdivisions, however the provisions of BMC 12.14.030(B)(2)(c)(1) through (4) shall apply.

C.    Site and Building Design Regulations.

1.    General Requirements.

a.    The proposed activity will not adversely affect the infiltration and recharging of the groundwater table in a manner that will result in decreases in groundwater interflow to surface water.

b.    Site design and storm water facilities shall be designed in accordance with these low impact development regulations as provided herein and the 2016 Bothell Surface Water Design Manual.

2.    Effective Impervious Surface Coverage. Within the NCPA, the goal is to have no net increase in undetained and untreated effective impervious area (EIA) through the application of these requirements and the Bothell Surface Water Design Manual.

a.    Effective impervious area (EIA) shall not exceed 20 percent for lands zoned R 9,600 (LID) and R 40,000 (LID). EIA shall be based upon the gross area of the total site.

b.    The effective impervious area standard shall not apply to existing development, lots of record in existence on or before March 15, 2008, and other development activities as identified in subsection B of this section.

3.    Forest Cover Requirements.

a.    Within lands zoned R 9,600 (LID) and R 40,000 (LID), an area equal to 60 percent of the gross site area shall be preserved as permanent forest cover. Areas allowed to be credited as forest cover include:

(1)     Those portions of the site that contain intact forest lands as defined within this chapter; or

(2)    Intact forest areas within critical areas and critical area buffers as defined by Chapter 14.04 BMC; provided, however, that lands within a critical area or a critical area buffer shall retain 100 percent of any intact forest and vegetation; or

(3)    Forest rehabilitation or forest restoration lands subject to the following:

(A)    Forest rehabilitation is preferred over forest restoration. Forest rehabilitation occurs on lands which contain existing stands of mature (50 or more years old) trees with or without a middle layer of plants (understory plants), where soil types are capable of infiltration or are suitable for dispersion of project surface water through gravity systems, and shall be consistent with the following:

(1)    A forest rehabilitation or restoration plan prepared by a qualified expert in forestry, forest rehabilitation or restoration, landscape architecture or another field familiar with forest rehabilitation within which the expert shall make specific recommendations regarding the type of plant materials, the number of plants to be installed, any soil amendments that are needed to rehabilitate the forest, a maintenance and management plan consistent with subsection (C)(3)(d) of this section and a contingency plan to be implemented should the forest rehabilitation not meet its objectives;

(2)    The forest rehabilitation plan shall be fully implemented or bonded prior to the issuance of any final occupancy permits for the subject property; or

(B)    Forest restoration occurs on lands where the native trees have been removed and/or replaced for agricultural or ornamental purposes but the native soils remain in place and shall be consistent with the following:

(1)    A forest restoration plan prepared by a qualified expert in forestry, forest rehabilitation or restoration, landscape architecture or another field familiar with forest restoration within which the expert shall make specific recommendations regarding the type of plant materials, the number of plants to be installed, identify soil amendments needed to restore the forest, a maintenance and management plan consistent with subsection (C)(3)(d) of this section and shall include a contingency plan to be implemented should the forest rehabilitation not meet its performance objectives; and

(2)    The forest restoration plan shall be implemented or bonded prior to the issuance of any final occupancy permits for the subject property.

(C)    Lands used for low impact development storm water facilities that have a high potential for functioning as a forest in terms of protecting the hydrological cycle and other habitat benefits consistent with forest rehabilitation or restoration including planting with predominantly woody vegetation and that the LID facility is part of a bioretention and/or dispersion system as outlined within the Bothell Surface Water Manual.

b.    A bond equal to 120 percent of the cost of installing the forest rehabilitation or restoration plan shall be submitted to the city pursuant to BMC 12.18.170 if the applicant proposes to request occupancy of the development prior to completion of the plan.

c.    Improvements allowed within forest areas are limited to:

(1)    Surface water dispersion systems as described in the Bothell Surface Water Design Manual;

(2)    Recreational trails not exceeding three feet in width and not requiring more than 18 inches of cut or fill and shall be constructed of a pervious surface consisting of wood chips, native soils, or similar materials.

d.    All preserved, rehabilitated, or restored forest areas must be accompanied by a management plan addressing:

(1)    Ownership of the forest area, which may include:

(A)    Private ownership and management for forest area on individual lots or parcels that are not of sufficient size and character to allow effective management by the city or other public entity. Any such forest area shall be preserved within a recorded separate tract with a plat restriction that provides:

(1)    An assurance that native vegetation will be preserved or restored to meet the criteria of this chapter; and

(2)    The right of the city to enforce the terms of the restriction.

(B)    Private ownership by an individual lot owner, undivided interest by each owner of a building lot within the development with the ownership interest passing with the ownership of the lot, or held by an incorporated homeowners’ association within a separate tract with a plat condition providing for management by a public entity when the city determines that:

(1)    The forest area is of sufficient size and character to allow effective management by the city or other public entity; or

(2)    The forest area contains critical areas that are best managed by a public entity in conformance with criteria in BMC 14.04.290.

(C)    Dedication of a separate tract containing the forest area to a public agency, or conveyance to a legal entity such as an incorporated land trust, which ensures the ownership, protection and maintenance, and protection of the forest cover.

(2)    A management plan for the forest cover area shall include:

(A)    Marking of the boundaries of the area, which includes open rail fencing to provide for ready field identification and prevent encroachment upon the area and signage which shall describe the purpose of the forest area and identify ownership and which shall be placed no more than 100 feet apart around the entire forest area boundary;

(B)    Provisions for installation and monitoring of any required rehabilitation or restoration plantings, including monitoring of the survival of plantings for a five-year or longer period where dead or dying plants shall be replaced as needed;

(C)    Control of invasive species;

(D)     Management of any storm water management facilities allowed within the forest area.

4.    Site Design Regulations. Site design shall consider the information gathered in the special site study to identify and describe the natural processes existing on and around the development site and how the site design, layout and arrangement of the site improvements preserve natural processes to the maximum extent feasible.

a.    Vehicle and pedestrian circulation systems shall be designed to minimize alteration of topography and natural hydrologic features and processes through:

(1)    Roads, walkways and parking areas shall be designed to follow natural contours, avoid changes to the existing flow patterns of surface water, and maintain consolidated areas of natural topography and vegetation. Vehicle access shall be located in the least sensitive area of the site to the maximum extent feasible;

(2)    Road location and circulation patterns shall reduce or eliminate stream crossings and encroachment on critical areas and their buffers or, if impacts occur, any impacts are mitigated consistent with Chapter 14.04 BMC;

(3)    Graded slopes and alteration of vegetation cover shall be avoided by road placement, and through use of retaining walls, which allow the maintenance of existing natural slope areas and shall be preferred over graded artificial slopes;

(4)    Utilities shall be located within roadway and driveway corridors and rights-of-way to the maximum extent feasible to avoid additional clearing for multiple corridors.

b.    Layout of lots or structures shall:

(1)    Avoid portions of the site that provide for important hydrologic and critical area functions;

(2)    Minimize access roadway or driveway length and area and use common access drives.

c.    Design of structures and improvements shall minimize alteration of existing topography, minimize disturbance to soils and native vegetation, and provide for water infiltration and interflow consistent with these regulations and the Bothell Surface Water Design Manual.

(1)    Excavation shall be prohibited from intruding into that part of the groundwater table which experiences saturated soil conditions, as measured during the dry season.

(2)    Building location and design shall allow the maintenance of existing topography through:

(A)    Use of pole or pin-type construction which conforms to the existing topography is preferred.

(B)    Structures shall be tiered to conform to existing topography and to minimize topographic modification.

(C)    Use of foundation walls as retaining walls is preferable to rock or concrete walls built separately and away from the building. Freestanding retaining devices are only permitted when they cannot be designed as structural elements of the building foundation.

(D)    Standard prepared building pads (slab on grade) resulting in grading more than five feet outside the building footprint area or more than five feet of topographic modification are prohibited.

(3)    Retaining walls and exposed foundations more than three feet in height shall be screened by vegetation.

D.    Modification of Development Regulations.

1.    To accommodate low impact development, the community development director is authorized to modify Chapters 12.14, 12.18, and 12.20 BMC, as specifically described below, without the need for a variance as provided for in Chapter 12.36 BMC. The city of Bothell shall decline to approve modifications in cases where conflicts occur with Imagine Bothell... Comprehensive Plan and Fitzgerald/35th Avenue SE Subarea plan policies or if the public health, safety and welfare would not be furthered by the proposed modification.

a.    BMC 12.14.030(A) may be modified pursuant to the following:

(1)    Within the R 40,000 (LID) zoning classification, the minimum lot area may be reduced by as much as 60 percent, and wihtin the R 9,600 (LID) zoning classification, the minimum lot area may be reduced by as much as 50 percent. For example, properties with a zoning classification of R 40,000 may have a minimum lot area of 16,000 square feet and properties with a zoning classification of R 9,600 (LID) may have a minimum lot area of 4,800 square feet.

(2)    Within the R 40,000 (LID) zoning classification, the minimum lot circle may be reduced by as much as 60 percent, and within the R 9,600 (LID) zoning classifications, minimum lot circle diameter may be reduced by as much as 50 percent. For example, properties with a zoning classification of R 9,600 (LID) may have a minimum lot circle diameter of 40 feet.

(3)    Lots which are modified under subsections (D)(1)(a)(1) and (2) of this section shall provide for a special setback of 25 feet along common property lines whenever such lots are located within 50 feet of an existing primary single-family building.

b.    Parking lot landscaping location and dimensional requirements in BMC 12.18.090 may be modified by the community development director to consolidate parking lot landscaping areas to allow landscape areas to function as dispersion or bioretention facilities. The required perimeter landscaping and the amount of internal parking lot landscaping shall not be varied by this provision.

c.    In addition to the circumstances within BMC 12.18.160 where the community development director may grant modification to the required landscape standards of Chapter 12.18 BMC, the community development director may also grant modification to accommodate dispersion and bioretention facilities within required landscape areas. All landscape areas shall be graded to provide for water retention where feasible. Except as accessory to single-family dwellings, turf shall be discouraged and limited to recreation or community gathering areas. (Ord. 2215 § 3 (Exh. B3), 2016; Ord. 2200 § 2 (Exh. B), 2016; Res. 1332; Ord. 2163 § 2 (Exh. B-3), 2014; Ord. 2053 § 3 (Exh. C), 2010; Ord. 1988 § 1, 2008. Formerly 12.52.040.).

12.52.060 Wildlife standards within the North Creek Protection Area (NCPA).

The North Creek Protection Area (NCPA) is assigned to properties within the Fitzgerald/35th Avenue SE Subarea as a special regulation to protect the known critical fish and wildlife habitat. This special regulation is intended to augment the fish and wildlife protections afforded under Chapter 14.04 BMC, Critical Area Regulations, and BMC Title 13, shoreline master program, where applicable. The primary emphasis of this section shall be the application of best available science for the protection of any critical fish and wildlife habitat present on or in the vicinity of the subject property.

A.    Designation of Wildlife Corridors.

1.    All critical areas and buffers providing a continuous connection to North Creek along Cole/Woods Creek are designated a special wildlife corridor where buffers may not be varied, averaged or reduced in width.

2.    Additional wildlife corridors are designated on the zoning map to provide additional connections between critical areas that may not be provided by contiguous critical areas or critical area buffers. These wildlife corridors shall follow critical areas and will be invoked by the director of community development when a contiguous corridor is not provided by the application of the critical areas regulations of Chapter 14.04 BMC. Wildlife corridors are shown on the zoning map.

B.    Director’s Authority. The director of community development is authorized to evaluate, assess, and approve any specific measures determined by the director to be necessary to preserve or enhance fish and wildlife habitat and wildlife movement corridors on the subject property, in accordance with applicable comprehensive plan policies, pursuant to the following criteria:

1.    All specific habitat-related measures proposed in the special study required under BMC 12.52.020(B) shall be based upon documented best available science for the specific type of habitat and plant and animal species located on the subject property;

2.    The habitat-related measures proposed in the special study are consistent with guidance and recommendations of the State of Washington Department of Fish and Wildlife;

3.    The habitat-related measures proposed are consistent with applicable Imagine Bothell... Comprehensive Plan policies;

4.    Stream and wetland critical area buffers may be required to be wider than required under Chapter 14.04 BMC if such wider buffers are found to be warranted based on best available science; no reductions of stream or wetland critical area buffer widths as established under Chapter 14.04 BMC shall be permitted, except in circumstances of reasonable use;

5.    Uses shall be consistent with Chapter 12.06 BMC;

6.    The proposed habitat-related measures do not modify the area, dimension and design standards of Chapter 12.14 BMC; and

7.    The director may require modifications to the development layout, design, proposed location of buildings or other improvements to ensure consistency with best available science and/or to protect the fish and wildlife habitat present on the subject property. (Ord. 2215 § 3 (Exh. B3), 2016; Res. 1332; Ord. 2163 § 2 (Exh. B-3), 2014; Ord. 2053 § 3 (Exh. C), 2010; Ord. 1988 § 1, 2008; Ord. 1946 § 2, 2005. Formerly 12.52.050.).

12.52.070 Definitions.

“Best management practices (BMPs)” are the schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by Ecology that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State.

“Bioretention surface water facility” means a landscaped depression, with a designed soil mix and indigenous plant materials that are adapted to high soil moisture conditions that receives storm water runoff from a developed area.

“Dispersion” means distribution of runoff to a system that or land area that does not allow any downstream concentration of flow into a discrete channel.

“Drainage collection system” means a system for conveying, treating and detaining storm water runoff including but not limited to facilities such as catch basins, drains, swales, ponds, and outfalls.

“EIA (effective impervious area) credit” means a reduction in effective impervious area as a result of incorporation of facilities or systems that infiltrate water or precipitation such that it ceases to be surface water.

“Forest area or cover” means an area of intact forest, or lands where forest cover can be rehabilitated or restored to establish forest areas characteristic of forest conditions that predated European settlement.

“Forest, intact” means a stand of coniferous or deciduous trees characteristic of conditions that predated European settlement that contain the following characteristics:

1.    Mature indigenous trees such as Douglas fir, western red cedar, western hemlock, red alder, big leaf maple, and other indigenous tree species that are eight inches in diameter or greater and provide overhead tree canopy;

2.    A shrub/understory layer of plants between four to 15 feet in height such as vine maple, salal, salmonberry, evergreen huckleberry, and other plants;

3.    An emergent layer of plants less than four feet in height such as sword fern, Cascade grape, trillium, and other forbs, grasses, and plants; and

4.    A layer of organic material commonly referred to as “forest duff” comprising needles, leaves, branches, twigs and organic matter laying upon the soil surface.

As an alternative to the above description, the city may use the United States National Vegetation Classification System’s “Douglas-fir, Western Hemlock Vancouverian Forest and Woodland Division” definition pursuant to Division Detail Report: D192 as it exists or may be amended in the future.

An intact forest is representative of the photo below:

Source: https://www.videezy.com/nature/3310-flying-over-mountain-lakes-and-woodlands-free-hd-video

“Forest rehabilitation and forest restoration” means the process of rehabilitating or restoring native vegetation and soils on disturbed land with the intent of eventually achieving an intact forested condition. Forest rehabilitation and/or restoration shall consist of:

1.    Forest rehabilitation consists of interplanting within an area containing existing mature and immature trees that have an established canopy but may not be a solid canopy cover. Plantings to rehabilitate a forest shall consist of exclusively native or indigenous trees, understory and emergent plants.

2.    Forest restoration consists of interplanting an area where the native trees have been removed and/or replaced for agricultural or ornamental purposes but the native soils remain in place. Plantings to restore a forest shall consist of exclusively native or indigenous trees, understory and emergent plants.

3.    All understory plants shall consist of native shrubs and groundcover planted at a sufficient density to provide an immediate surface cover of at least 40 percent with 75 percent cover within three years and 100 percent cover within five years. Groundcover in areas that are substantially cleared of trees may consist of seeding.

“Groundwater” means water in a saturated zone or stratum beneath the surface of land or below a surface water body. See WAC 173-200-020.

“Impervious area, effective” means that fraction of the runoff from the total impervious area that is not fully dispersed or fully infiltrated.

“Impervious area, total” means the sum of all areas on a site that inhibit the infiltration of storm water and result in surface water runoff. For the purpose of low impact development, areas that produce runoff include, but are not limited to, paved areas including roads, sidewalks, driveways, parking areas, roofs, patios, concrete or asphalt paving, gravel roads, packed earthen materials and may include landscaped areas including turf that do not contain sufficiently pervious or amended soils, but not including forested areas.

“Storm water detention” means a system that provides temporary storage and controlled release of storm water.

“Vegetated roof” means a vegetated roof carrying, and designed to carry, at least 18 inches of soil supporting plant life, built by a licensed roofing contractor meeting the criteria of the Bothell Surface Water Design Manual. (Ord. 2215 § 3 (Exh. B3), 2016; Ord. 2200 § 2 (Exh. B), 2016; Res. 1332; Ord. 2163 § 2 (Exh. B-3), 2014; Ord. 2053 § 3 (Exh. C), 2010; Ord. 1988 § 1, 2008. Formerly 12.52.060.).

View image as a PDF