The City of Kirkland continues to welcome comments on Shoreline Master Program!
You’re invited to a public meeting to learn more about proposed amendments to the Shoreline Master Program (SMP) and provide comments on the amendments.
Tuesday, May 21, 2019
6:00 – 8:00 p.m.
Kirkland Heritage Hall
203 Market Street
Please email staff before the meeting with your questions about the proposed amendments at firstname.lastname@example.org so we can better prepare for the meeting.
In addition, comments will continue to be welcomed up to local adoption by the Kirkland City Council, tentatively scheduled for September, 2019.
The drafts are available for review in the box at the right, and the city will continue accepting comments up to Kirkland City Council adoption scheduled for September 2019.
The staff memorandum prepared for the April 25, 2019 joint Kirkland Planning Commission, Houghton Community Council and Department of Ecology public hearing on the proposed amendments to the Shoreline Master Program (SMP) is available on the Planning Commission web page. It contains background information and links to previous meeting memorandums.
What is a periodic update of the Shoreline Master Program?
Kirkland completed a comprehensive update of its Shoreline Master Program in 2010, with Washington State Department of Ecology approval. State law requires jurisdictions to review and update their SMPs every eight years in accordance with the Shoreline Management Act, RCW 90.58.080 (4) and its current guidelines and legislative rules. The City of Kirkland is undertaking a periodic review of our SMP. The City is aiming to complete the update in the fall of 2019 for approval by the Washington State Department of Ecology.
This periodic update will focus on:
- Reviewing relevant legislative updates since the 2010 SMP update and incorporating any applicable amendments;
- Ensuring consistency with the Kirkland Comprehensive Plan;
- Reviewing a list of SMP code amendments compiled since adoption in 2010 and incorporating clarifications, interpretations, and changes to address issues that have come up with shoreline projects; and
- Providing consistent critical area regulations within and outside the shoreline jurisdiction, by integrating Zoning Code Chapter 90 regulations adopted in 2016 and bringing them up to date with evolving best available science.
This periodic update will not:
- Re-evaluate the ecological baseline that was established as part of the the 2010 SMP update;
- Extensively assess no net loss criteria other than to ensure that proposed amendments do not result in degradation of the baseline condition; or
- Change shoreline jurisdiction or environment designations
A “gap analysis” (PDF 137 KB) will identify areas where the SMP is out of compliance with the SMA, the Comprehensive Plan and development regulations, and address issues that have come up with shoreline projects since adoption. The gap analysis (PDF 96 KB) will also identify where the wetland and stream regulations could be amended for consistency with recent science or for clarity, before being incorporated into the SMP. Staff and our consultant will draft revised SMP and Wetland Stream regulations based on the gap analysis and post them to this website prior to study sessions in in front of the Planning Commission and Houghton Community Council in February. The City will also share the drafts with interested representatives from agencies, tribes, and neighboring jurisdictions.
Consultant’s role in the update process: The City has hired The Watershed Company, a Kirkland-based environmental consulting firm with extensive experience working with other jurisdictions in the region, to provide advice on the amendments and assist with the technical analysis. Technical work that The Watershed Company assisted with includes: determining consistency of the proposed SMP amendments with the Shoreline Management Act and the Growth Management Act, helping draft amendments to the SMP and to the wetland and stream regulations, and ensuring that any proposed changes are grounded in science and help balance the various competing objectives of the SMP, including environmental protection, and allowing multiple uses of the shoreline. All technical work by The Watershed Company has been reviewed by the City prior to integration into the proposed SMP amendments.
Regulatory Impacts to Single Family Private Property: Proposed amendments affecting single family waterfront property are primarily minor policy changes or clarifications of existing practices. They are intended to improve understanding and administration of current regulations that guide development along the shoreline. Many of the amendments will make it easier for single-family property owners to manage their shoreline, including amendments that reduce development buffers for certain types of wetlands, and provide incentives to replace hard shoreline structures – such as bulkheads – with more natural shoreline features.
Summary of proposed amendments:
- Delete stream and wetland regulations from the SMP by referencing adopted Zoning regulations
- Clarify text and incorporate two Zoning Code Interpretations - one addressing boat canopies and the other addressing pier bumpers, that have been in effect since 2012.
- Apply requirements for removal of nonconforming in-water structures City-wide, such as extra piers or docks, boat houses and boat rails when major redevelopment occurs.
- Revise the hours of operation and limitations on accessibility for public access along the shoreline.
- Revise the hours of accessibility in spring and summer to end at 10 minutes after sunset rather than at dusk, which is a recognizable and verifiable time.
- Revise the minimum water depth requirement and residential pier length standards. Prevent navigation hazards and ensure consistency with Comprehensive Plan policy, while protecting aquatic habitat.
- Eliminate depth standards for floats and ells attached to piers, and instead limit single family pier length to the average of the adjacent neighboring piers or 150 feet (whichever is less) but allow 150 feet length where necessary to prevent the boat from sitting on the lakebed.
- Delete the administrative approval option that allows a longer and/or wider pier than the zoning code currently permits if federal and state agencies approve the deviation, so that local pier regulations prevail.
- Add a setback reduction incentive for removal of 50% of a bulkhead. Incentivize replacing hard bulkheads with soft shoreline stabilization measures and restoring the shoreline to a more natural state.
- Provide an option for reduced wetland buffers for certain wetlands, per Ecology best available science.
- Change wetland ratings and corresponding buffer widths for moderate and low habitat scores in accordance with best available science.
- Clarify the intent to limit wetland and wetland buffer modifications to those identified in specific sections of the wetland code.
- Investigate designating the bald eagle as a species of local importance, since they have been delisted from federal and state protection.
View the project work program (PDF 58 KB).
Attend the public meeting on May 21, 6:00 - 8:00 PM, Heritage Hall, 203 Market Street.
Public outreach to Date:
- February 9, 2019 1,395 postcards sent to all property owners within shoreline jurisdiction and emailed to stakeholders, and provided press releases notifying of proposed amendments providing link to website, and providing courtesy notice of February study sessions.
- Public notice signs with flyer posted at 4 Waterfront Parks (Houghton Beach, Marina, Juanita Beach, Denny)
- February 25, 2019 Houghton Community Council Study Session
- February 28, 2019 Planning Commission Study Session
- March 5, 2019 City Council Briefing
- March 20, 2019 notice sent to 1,385 property owners within shoreline jurisdiction and emailed to stakeholders and list serv subscribers and pushed out in press releases providing notice of 30-day joint public comment period/open house and public hearing
- April 25, 2019 Open House
- April 25, 2019 Joint PC/HCC Public Hearing with State Department of Ecology
The Planning Commission's hearing is the official hearing of the City. The Planning Commission will prepare a recommendation to the City Council for their final decision at a public meeting. The Houghton Community Council will make a recommendation to the Planning Commission and City Council. The date of the City Council meeting is tentatively set for September 2019.
Comments will continue to be welcomed up to local adoption by the Kirkland City Council, tentatively scheduled for September, 2019.
At the conclusion of the joint comment period, the City of Kirkland will prepare a response to comments and determine whether changes to the SMP amendments are needed. Public comments and City of Kirkland responses will be provided to Ecology. After Ecology review the amendments may be revised further as appropriate. The HCC will review the final draft at their August 26 study session. After local adoption by the Kirkland City Council, the SMP amendments will be formally submitted to Ecology for final action per WAC 13-26-104 and WAC 173-26-110. Ecology will review amendments for consistency with state laws and rules. Ecology may either approve the program as adopted or may recommend changes necessary for approval.
For more information:
You may view the official file (Permit # CAM19-00026) at the Planning and Building Department or contact project planner, Joan Lieberman Brill at (425)-587-3254. Please refer to File CAM19-00026. More information is also available at the main Shoreline Master Program web page.
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