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).