Chapter 25.30 CONSERVANCY ENVIRONMENT

Chapter 25.30
CONSERVANCY ENVIRONMENT

Sections:

25.30.010 Purpose.

25.30.020 Designation criteria.

25.30.030 General requirements.

25.30.040 Forest management practices.

25.30.050 Commercial development.

25.30.060 Signs.

25.30.070 Residential development.

25.30.080 Subdivision.

25.30.090 Utilities.

25.30.100 Shoreline protection.

25.30.110 Excavation, dredging, and filling.

25.30.120 Recreation.

25.30.010 Purpose.

Conservancy areas are intended to maintain their existing character. This designation is designed to protect, conserve, and manage existing natural resources and valuable historic and cultural areas. The preferred uses are those nonconsumptive of the physical and biological resources of the area. (Ord. O99-29 § 1)

25.30.020 Designation criteria.

Designation criteria for the conservancy environment shall be:

(1) Shoreline areas, regardless of the underlying zoning that has biophysical limitations to development that include but are not limited to:

(a) Shoreline areas which are 100-year floodplains and areas that have flooding potential;

(b) Shoreline areas with soils that have poor drainage;

(d) Shoreline areas with unstable banks;

(e) Shoreline areas subject to slide hazard;

(2) Shoreline areas that are free from extensive development;

(3) Shoreline historic areas;

(4) Shoreline area of high scenic value;

(5) Areas that play an important part in maintaining the ecological balance of the region such as:

(a) Areas rich in quality and quantity of life forms;

(b) Areas important to the maintenance of the natural quality and flow of the water;

25.30.030 General requirements.

(1) Nonwater related, water related and residential development shall not be permitted waterward of the ordinary high water mark.

(2) Except in those cases when the height requirements of the underlying zone are more restrictive, no structure may exceed a height of 35 feet above average grade level.

(3) All development shall be required to comply with Chapter 9.04 KCC as adopted by Chapter 15.05 SMC to control runoff and to provide adequate surface water and erosion and sediment control during the construction period.

(4) Development shall maintain the first 50 feet of property abutting a natural environment as required open space.

(5) Parking facilities except parking facilities associated with detached single-family and agricultural development shall maintain a shoreline setback of 100 feet from the ordinary high water mark and retain existing vegetation or be planted in conformance with the landscape standards enumerated in the general requirements (SMC 25.20.030) of the urban environment.

(6) Water quality treatment in compliance with Chapter 9.04 KCC as adopted by Chapter 15.05 SMC shall be required where stormwater runoff would materially degrade or add to the pollution of recipient waters or adjacent properties.

(7) The regulations of this chapter have been categorized in a number of sections; regardless of the categorization of the various regulations, all development must comply with all applicable regulations.

(8) Development proposed in shorelines of the state shall maintain setbacks, provide easements or otherwise develop the site to permit a trail to be constructed or public access to continue where:

(a) There is a proposed trail; or

(b) Part of the site is presently being used and has historically been used for public access.

(9) Along shorelines of the state on Lake Sammamish, no building shall be placed on lands below 32.5 feet mean sea level.

(10) The regulations of this chapter are in addition to other adopted ordinances and rules. Where conflicts exist, that which provides more protection to a sensitive area shall apply; provided, that water dependent uses shall adhere to the applicable regulations and policies of the City’s shoreline master program and shall comply with other ordinances and rules to the greatest extent feasible. (Ord. O99-29 § 1)

25.30.040 Forest management practices.

Forest management practices may be permitted in the conservancy environment subject to the forest management practices provisions (SMC 25.25.040) of the rural environment. (Ord. O99-29 § 1)

25.30.050 Commercial development.

Commercial development shall not be permitted in the conservancy environment. (Ord. O99-29 § 1)

25.30.060 Signs.

Signs, except educational signs of not more than 25 square feet erected within recreational developments and signs as permitted for single detached residences by SMC 21A.45.080, are not permitted in the conservancy environment. (Ord. O99-29 § 1)

25.30.070 Residential development.

(1) Multifamily development is prohibited in the conservancy environment, except that the clustering of dwelling units into multifamily development may be permitted to avoid development of sensitive or hazardous areas such as marshes, swamps, bogs, floodplains, or steep or unstable slopes; provided, that the density standards enumerated in SMC 25.30.080 shall not be exceeded. This provision is not intended to promote intensive development in the conservancy environment. The intent of this provision is to permit development that would have less adverse impact on sensitive or hazardous areas than traditional lot by lot development.

(2) Single-family residential development may be permitted in the conservancy environment subject to the general requirements of this chapter and the single-family provisions, SMC 25.20.070 through 25.20.120, of the urban environment. Single-family residential development shall maintain a minimum setback of 50 feet from the ordinary high water mark, except that:

(a) If the minimum setback from the ordinary high water mark of a river or stream falls within the floodway, the development shall be required to be located past the upland edge of the floodway;

(b) If development is proposed on shorelines, including one or more sensitive areas, as defined in Chapter 21A.15 SMC, such development shall be done in accordance with regulations and procedures set forth in Chapter 21A.50 SMC.

(3) Any pier, moorage, float or launching facility permitted accessory to single-family development or common use facility accessory to subdivision, short subdivision or planned unit development in the conservancy environment shall be subject to the pier, moorage, float and launching facility provisions, SMC 25.20.070 through 25.20.120 of the urban environment; provided, no such authorized structure shall be located within 200 feet of any other such structure. (Ord. O99-29 § 1)

25.30.080 Subdivision.

The lot standards enumerated in this section apply to any lot that has buildable area within the shorelines of the state. “Buildable area” means that area of the lot, exclusive of any required open space, yards, or setbacks upon which a structure may be constructed.

(1) The minimum required lot area in the conservancy environment shall be five acres; provided, however, the minimum lot area may be reduced to 40,000 square feet when:

(a) All lots are part of an approved subdivision or short subdivision;

(b) All lots are served by an approved sewage disposal system;

(d) All lots have a minimum width of 150 feet;

(e) The base units per acre for that portion of a site under shoreline management jurisdiction in this case for a planned unit development or multifamily development shall be one.

(2) Any existing lot that does not comply with the minimum lot area requirement of subsection (1) of this section and located wholly or partially within the shorelines of the state shall be subject to the following provisions:

(a) If the adjoining property is not under the same ownership as such lot, then the lot shall be considered a separate building site.

(b) If the adjoining property is under the same ownership as such lot, then the lot shall not be considered a separate building site until the lot is combined with adjoining property under the same ownership in such a way as to comply with the requirements of subsection (1) of this section.

(3) Submerged land within the boundaries of any waterfront parcel shall not be used to compute lot area, lot dimensions, yards, open space or other similar required conditions of land subdivisions or development; except, where specifically authorized by ordinance, such land may be used in area computations as an incentive to encourage common open space waterfront areas.

(4) The foregoing lot area and width standards may be further reduced in direct proportion to the amount of usable area dedicated as common open space within the shorelines of the state as long as the net density remains the same. The common open space shall provide physical access to the ordinary high water mark for the residents of an approved subdivision, or short subdivision; provided, that in no case may the lot standards be reduced below the lot standards required by SMC Title 21A (the development code) for the zone classification in which the lot(s) is (are) located.

(5) Lot averaging shall not be used to comply with the minimum lot area requirements of subsection (1) of this section for any lot wholly or partially within the shoreline. (Ord. O99-29 § 1)

25.30.090 Utilities.

Utility facilities may be permitted in the conservancy environment subject to the general requirements (SMC 25.30.030) of this chapter and the utility provisions (SMC 25.20.140) of the urban environment. (Ord. O99-29 § 1)

25.30.100 Shoreline protection.

(1) Shoreline protection may be permitted in the conservancy environment, subject to the shoreline protection provisions (SMC 25.20.150) of the urban environment.

(2) Breakwaters shall not be permitted. (Ord. O99-29 § 1)

25.30.110 Excavation, dredging, and filling.

Excavation, dredging and filling, may be permitted in the conservancy environment, subject to the excavation, dredging and filling provisions in SMC 25.20.160 of the urban environment, provided:

(1) Excavation, dredging, or filling below the ordinary high water mark shall be permitted only as follows:

(a) To mitigate conditions that endanger public safety or fisheries resources; or

(b) As part of and necessary to roadside or agricultural ditch maintenance that is performed consistent with best management practices promulgated through administrative rules pursuant to the sensitive areas provisions of Chapter 21A.50 SMC and if:

(i) The maintenance does not involve any expansion of the ditch beyond its previously excavated size. This limitation shall not restrict the City’s ability to require mitigation, pursuant to Chapter 21A.50 SMC, or other applicable laws;

(ii) The ditch was not constructed or created in violation of law;

(iii) The maintenance is accomplished with the least amount of disturbance to the stream or ditch as possible;

(iv) The maintenance occurs during the summer low flow period and is timed to avoid disturbance to the stream or ditch during periods critical to salmonids; and

(v) The maintenance complies with standards designed to protect salmonids and salmonid habitat, consistent with Chapter 21A.50 SMC;

(2) Channelizing, straightening or relocating rivers or streams shall not be permitted;

(3) Excavation or dredging of marshes, swamps or bogs shall not be permitted, except for water transmission pipelines within existing utilized transmission pipeline corridors; provided, that no practicable alternatives exist, impacts are minimized, and appropriate compensatory mitigation is provided consistent with Chapter 21A.50 SMC. (Ord. O99-29 § 1)

25.30.120 Recreation.

Recreational development may be permitted in the conservancy environment subject to the general requirements of this chapter (SMC 25.30.030) and the recreation provisions (SMC 25.20.170) of the urban environment provided:

(1) The recreational development will not require any significant filling, excavating, or regrading involving more than 25 percent of that portion of the site within the shorelines of the state.

(2) The construction of indoor swimming pools, gyms, and other indoor recreational facilities is prohibited.

(3) Piers, moorages, floats, or launching facilities constructed in conjunction with recreational development shall not be:

(a) Longer than 120 feet; or

(b) Larger than 1,350 square feet in surface area. (Ord. O99-29 § 1)