Summary

The applicant shall guarantee that public access to the shoreline from N.E. 175th Street and from the King County Kenmore Log Boom Park abutting the ordinary high water line along the entire shoreline of the subject property except for the boat hoist and fueling facility in the east 150 feet will be available in perpetuity. Details are listed here.

Story

Description

Harbor Village Development and Marina

Development Condition Text

Harbor Village Development and Marina (Source: Northshore Community Plan Update and Area Zoning, p. 273)

The conditions of permits 130-79R, 131-79R, 020-77-SH, and 127-82-R continue to apply.

I._Upland Site Construction

1._The applicant shall guarantee that public access to the shoreline from N.E. 175th Street and from the King County Kenmore Log Boom Park abutting the ordinary high water line along the entire shoreline of the subject property except for the boat hoist and fueling facility in the east 150 feet will be available in perpetuity.

2._The applicant shall provide a comprehensive signing plan for the proposed site. Said signing plan shall include the following:

a. Exterior: Only one free-standing sign at the primary entrance to the proposed marina development shall be allowed. Said sign shall be no higher than ten feet from existing grade. The use of natural materials and indirect lighting shall be encouraged. In no instance shall the proposed sign rotate or contain flashing lights.

Only one freestanding sign shall be allowed for the proposed residential development. Said sign shall be no higher than five feet from existing grade and shall contain no more than thirty square feet of information.

b. Interior: Only one sign per use within the commercial portion of the development shall be allowed. Each sign shall be located preferably at ground level and in no case, shall be above the roof line of any structure. The use of natural materials and indirect lighting shall be encouraged. In no case shall the required signing rotate or contain flashing lights. A single, comprehensive sign for the interior commercial development on the site may be authorized provided it is in keeping with the size and character of the proposed development.

3._The applicant shall provide separate public restroom facilities for both the general public and marina tenants on the proposed site.

4._With reference to the applicant's plans to construct ponds and streams within the proposed site, all side slopes leading into the ponds shall be a ratio of no less than 4 to 1 (horizontal to vertical).

5._The proposed boat hoist shall be used exclusively by the marina sales and tenants of the marina.

II._Marina Site Construction

1._"Live aboards" shall not be permitted at any time. The marina management shall be responsible for the strict enforcement of this regulation and repeated violations of said regulations shall be considered to be a violation of approved Shoreline Management Substantial Development Permit.

2._All side slopes adjacent to the inner harbor line (ordinary high water line) shall be at a ration of 1½:1 (horizontal to vertical). No further encroachment beyond that which is necessary to construct the proposed rip-rap rock shoreline protection is authorized.

3._The proposed chemical treatment of pilings to be utilized within the marina development must be approved by the Washington State Department of Fish & Wildlife and the Washington State Department of Ecology. In any instance, all treated lumber must be completely dry before use in or near the water.

4._The applicant shall provide waste/garbage disposal receptacle in conspicuous places, on the docks and adjacent to the shoreline of the marina complex.

5._In-water maintenance and repair of boats moored at the marina facility shall not be permitted. Only minor in-water maintenance related to day-to-day upkeep of boats is allowed. In no instances shall chemicals or other contaminants be allowed to enter Lake Washington. The marina management will have the responsibility of strictly enforcing this condition. If repeated violations of this condition take place, revocation of the approved Shoreline Management Substantial Development Permit may be warranted.

6._The applicant shall provide a recorded public easement from the ordinary high water line to, and including, the breakwater facility. Said easement may stipulate that public access only be authorized during daylight hours. The required public access easement shall be for fishing and visual access to the water only.

7._The applicant shall provide to King County, at no cost, a moorage slip for the Marine Patrol Safety Unit boat. Additionally the applicant shall make available minimal office space to the Marine Patrol Safety Division, Department of Public Safety at no cost.

8._A log boom or other appropriate navigational devices shall be established along the west property line of the proposed site in order to prevent pleasure craft from entering the shallow waters of the King County Log Boom Park. The location of said facilities shall be subject to the approval of the King County Division of Parks.

9._The applicant shall provide to King County a detailed contingency plan indicating how chemical/oil spills would be removed in the event such an occurrence should take place. Said plan shall clearly indicate the type of equipment to be maintained on-site at all times and the personnel available to carry out said program. This plan shall be submitted to King County Fire Marshal and the Department of Ecology for their approval.

10._The applicants shall participate in conjunction with King County Marine Patrol Division (Department of Public Safety), the United States Army Corps of Engineers, and United States Coast Guard in formulating a water access and safety plan for the north end of Lake Washington. Said participation shall include proportionate funding by the applicant for such off-site/on-site control devices as navigational buoys, speed limit signs, night lights, safety signs etc., as deemed appropriate. The proposed marina complex shall not commence operation until such time as a water access and safety plan for the north end of Lake Washington has been approved by the public agencies noted above and is in place and operational. If King County does not implement and access and safety plan for the north end of Lake Washington within twelve months of final Council Action on this matter, this condition relative to the commencement of operations of the marina shall be waived.

11._The applicant shall retain at least ten transient moorage slips for the patrons of Harbour Village Marina restaurant and commercial area only.

12._All pleasure craft moored at the site shall be in excess of 26 feet in designated length.

III._Dredging

1._Dredging shall only be permitted between November 1 through March 1 and June 20 through July 15 of any year unless specifically modified by the Washington State Department of Fisheries.

2._The applicant shall be required to post in escrow (naming King County as an assignee) sufficient funds for King County to hire an independent firm to design a water quality monitoring program acceptable to the Washington State Department of Ecology (DOE) and the United State Army Corps of Engineers. The number of daily samples and types of tests to be performed shall be approved by said agencies. If specified water quality standards are exceeded any time during the dredging operation, the independent consultant shall have the authority to shutdown the dredging operations until such time as water quality standards are met.

3._Hydraulic dredging shall be prohibited.

4._There shall be no dredging more than ten percent below the final contours as indicated on the submitted plans.

5._The limits of dredging with the King County Kenmore Log Boom Park shall be approved by the King County Division of Parks prior to the commencement of dredging operations. No additional accumulation of sediment resulting from dredging shall be permitted within the King County Log Boom Park. In the event that additional accumulation occur the applicant shall remove excess material to the satisfaction of King County Parks and Building and Land Development Divisions and the Washington Department of Fisheries and Game.

6._All dredging and pile driving operations shall be limited to the hours of 8:00 A.M. through 5:00 P.M. on weekdays and 9:00 A.M. through 5:00 P.M. on weekends.

7._A sonic pile driver must be utilized if soil conditions permit as determined by a qualified soils expert.

8._The applicant shall demonstrate that all reasonable noise reduction techniques have been utilized to reduce dBA levels from the dredging and pile driving activities. Such demonstration shall be submitted to the Health Department prior to any work for their approval.

9._A $25,000 performance bond shall be posted to assure the removal of any silt of other sediment which the reviewing agency finds to be caused by the dredging operations of this project and which is close enough to residences between the Log Boom Park on the Lake Forest Park Community Center to affect their beach and near shore water areas.

Ordinance

12824

Effective Date

August 18, 1997

Changes

N/A

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