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HomeMy WebLinkAbout05-07-2019 Agenda (2)Planning Commission Meeting May 7, 2019 - 7:00 PM City Hall AGENDA I.CALL TO ORDER A.ROLL CALL/ESTABLISHMENT OF QUORUM B.PLEDGE OF ALLEGIANCE II.Approval of Minutes A.April 2, 2019 Draft Minutes from the Planning Commission Regular Meeting. III.OTHER BUSINESS A.Shoreline Master Program and Critical Areas Ordinance Updates . Discuss with the Commission the status of the SMP update and present information on associated updates to the City's critical area regulations. Presentation by Rick Mraz from Dept. of Ecology Staff to introduce Rick Mraz, who is a Professional Wetland Scientist with the Dept. of Ecology's shorelands office. Rick will provide a Power Point presentation on wetlands and their buffers followed by questions and answers with the Commission. V.COMMUNITY DEVELOPMENT REPORT Update on Community Development Services activities. VI.ADJOURNMENT The City of Auburn Planning Commission is a seven member advisory body that provides recommendations to the Auburn City Council on the preparation of and amendments to land use plans and related codes such as zoning. Planning Commissioners are appointed by the Mayor and confirmed by the City Council. Actions taken by the Planning Commission, other than approvals or amendments to the Planning Commission Rules of Procedure, are not final decisions; they are in the form of recommendations to the city council which must ultimately make the final decision. Page 1 of 30 AGENDA BILL APPROVAL FORM Agenda Subject: April 2, 2019 Draft Minutes from the Planning Commission Regular Meeting. Date: April 25, 2019 Department: Community Development Attachments: Draft Minutes April 2, 2019 Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: Planning Commission review and approve the April 2, 2019 regular meeting minutes. Background Summary: Rev iewed by Council Committees: Councilmember:Staff:Dixon Meeting Date:May 7, 2019 Item Number: Page 2 of 30 DRAFT PLANNING COMMISSION April 2, 2019 MINUTES I. CALL TO ORDER Chair Judi Roland called the meeting to order at 7:00 p.m. in the Council Chambers located on the first floor of Auburn City Hall, 25 West Main Street, Auburn, WA. a.) ROLL CALL/ESTABLISHMENT OF QUORUM Planning Commission Members present were: Chair Judi Roland, Commissioner Mason, Vice-Chair Lee, Commissioner Stephens, Commissioner Shin, and. Commissioner Moutzouris was excused. Staff present included: Assistant City Attorney Doug Ruth, Planning Services Manager Jeff Dixon, Planner II Alexandria Teague, Planner Jeremy Hammar, Administrative Assistant Tina Kriss, and Office Assistant Jennifer Oliver. Members of the public present: Sean Douglas representing PSERN, Ross Rembac representing Motorola, Jeff Watson, Commander Jamie Douglas Auburn Police Department, Rick Cardoza representing LDC Inc, Robin Mulenga. b.) PLEDGE OF ALLEGENCE II. APPROVAL OF MINUTES A. March 5, 2019 Administrative Assistant Tina Kriss informed the Commission an acronym within the minutes has been updated. Referring to Page 2, paragraph 2 of the minutes, Public Safety Emergency Radio Network PSERN has been updated to read Puget Sound Emergency Radio Network PSERN. Commissioner Stephens moved and Commissioner Khanal seconded to approve the minutes from the March 5, 2019 meeting as corrected. MOTION CARRIED UNANIMOUSLY. 5-0 III. PUBLIC HEARING A. PSERN – Emergency Wireless Communication Facility Code Amendment (ZOA18-0001) Chair Roland opened the Public Hearing at 7:03 PM on PSERN. Commissioner Khanal asked that he be recused from agenda Item III A. as his employer does work for Verizon. Page 3 of 30 PLANNING COMMISSION MEETING MINUTES April 2, 2019 Page 2 Planner II Teague presented the staff report for the code amendment for PSERN – Emergency Wireless Communication Facility ( ZOA18-0001), providing the background and proposal and an overview of the discussion held at the March 5, 2019 Planning Commission Meeting. Staff reviewed the changes to the three zoning code chapters: • Chapter 18.04 (Definitions), • Chapter 18.31 (Supplemental Development Standards), and • Chapter 18.35 (Special Purpose Zones) Based on the findings contained in the staff report, staff recommends the Planning Commission recommend approval of the Amendments as proposed in Attachment Exhibit A to the City Council. Chair Roland invited members of the public to come forward for public testimony either for or against PSERN. Rick Cardoza, LDC, 24328 SE 440th St E Enumclaw, WA Mr. Cardoza is a consultant representing PSERN. Mr. Cardoza offered he was happy to assist the public and Commission with any questions at any time. He provided a handout of a communication signal coverage map showing holes before tower installation. The map also showed the same area after tower installation to show the difference in coverage and how those gaps would be filled in by the facility. A key aspect of the facility is that the system enhances first responder’s communications to each other as well as improvement for the 911 system. Details were provided on the tower pieces and types, how they operate and why the antennas require installation at a great height. Commander Jamie Douglas 348 East Main St Auburn, WA Commander Douglas explained he is with the Auburn Police Department and a member of the PSERN Board. He explained the code amendment to allow the facility will improve communication between different counties and will allow officers to communicate if an incident crosses over into multiple counties. PSERN could service 20,000 Police, Fire and other types of first responder’s. Commander Douglas stressed the importance of updating the network but also the need for it to be used by other jurisdictions such as the City of Auburn Public Works Department. Commander Douglas reminded the Commission and the public that he is available for any questions at any time. Again, Chair Roland invited members of the public to come forward for public testimony. After a third request, and without response, Chair Roland closed the Public Hearing at 7:30 P.M. on PSERN and the Commission deliberated. The Commission asked if staff could give a brief summary or highlights of the written comments received from the public. Alexandria Teague, City of Auburn Planner II showed a map of an adjacent property owner who commented. Mr. Wooding in written comments concluded that there appears to be no direct impact on his property. Jeff Watson, Planner representing the Muckleshoot Indian Tribe, also Page 4 of 30 PLANNING COMMISSION MEETING MINUTES April 2, 2019 Page 3 sent correspondence regarding the process, and the combined SEPA and DNS issued by the City. Mr. Watson had general comments about the overall project and inquired on the processed being followed. Staff appreciated Mr. Watson’s suggestions how the Planning Department could possibly improve the SEPA Processing. The Commission asked for clarification on how many other PSERN towers have co- location antennas established currently. In answering, Mr. Rick Cardoza provided feedback on a nearby tower that contains co-location established one being a mile away. Mr. Cardoza mentioned that other carriers may want to look at the new tower to carry antennas, but believed that most major carriers are already on this nearby existing tower under a master lease agreement so co-location on the new tower is unlikely. Chair Roland stated that one of the Commission’s concerns was from the last couple of months was that the Commission wanted to ensure that the 911 communication needs were not interrupted as a result of co-location on the towers. Commander Douglas confirmed that it would not interrupt the 911-communication system. The Commission asked of the 57 other PSERN sites, how many other had co – location by other communication providers. Commander Douglas responded with the specific number. Vice Chair Lee moved and Commissioner Stephens seconded to move to City Council for review and approval the proposed code amendment consisting of changes to the following three sections: PSERN – Emergency Wireless Communication Facility (ZOA18-0001) • Chapter 18.04 (Definitions), • Chapter 18.31 (Supplemental Development Standards), and • Chapter 18.35 (Special Purpose Zones) MOTION CARRIED 4-0 OTHER BUSINESS A. Discuss joint meeting of the Planning Commission and City Council proposed for the regular City Council Study Session meeting May 13th. Planning Services Manager Dixon re-affirmed the joint Study Session meeting proposed for May 13, 2019 at 5:30 P.M. between the Planning Commission and City Council Members. He indicated that the topic was introduced at the Planning Commission meeting last month. He requested confirmation of members that would be able to attend and asked for any topics that the Commission would like to discuss at the meeting that would be of mutual interest. Council Member Bagget and Council Member DaCorsi would lead the discussion. Planning Services Manager Dixon spoke about the Page 5 of 30 PLANNING COMMISSION MEETING MINUTES April 2, 2019 Page 4 informality of the Study Session meeting stating that the joint meeting would be early on the agenda. Commissioner Stephens confirmed he would not be able to attend due to an out of town commitment. Staff suggested subjects that are the purview of the Commission such as development code changes and Comprehensive Plan updates could be a great topic of discussion as well as sharing perspectives on the vision of future Auburn. The Commission asked what is the ultimate goal of this meeting? Planning Services Manager Dixon responded it was really a check in and sharing of information and a great way to start a dialogue by each body on the future of Auburn. Vice Chair Lee suggested that traffic be a key discussion and the parking , or lack there-of, in the downtown core. The Commission agreed that traffic is a key topic. The Commission asked about the rubber traffic count tubes that are strung across roads around Auburn to count cars. Staff confirmed that the tubes may have been placed either by the city to periodically count traffic volumes or by private contractors in preparation of a traffic study and then the results are submitted back to the City. The Commission remarked that it has observed more residential apartments being built downtown and wanted to know more about that. Staff confirmed that more residential apartments are being built in the downtown area. Staff reminded the Commission that more multiple family residences is encouraged by the Downtown Plan that the city developed and adopted a few years ago. Building new mixed-use projects is consistent with the concept of transit-oriented development to encourage more residences to utilize those services. The Commission asked what type of apartments are proposed by the two new projects downtown and staff confirmed that one project is senior and the other is not. The Commission asked about the exact locations of the projects and if the projects included commercial spaces. Staff confirmed that with more residences there will be more demand for businesses. Chair Roland was hopeful and curious if the City was planning to bring in more businesses downtown and Staff confirmed that the new buildings in downtown had commercial space to support businesses. The Commission suggested that Doug Lein, the city’s Economic Development Manager come in and present to the Planning Commission on updates and initiatives his staff is working on for business growth. They would like for him to attend a meeting sooner rather than later as the commission is being asked often regarding the business growth in the downtown corridor. Topics have been noted and will be passed onto Council for the joint meeting discussion An email will be sent to Commissioner Moutzuori to confirm if he can make the meeting. Page 6 of 30 PLANNING COMMISSION MEETING MINUTES April 2, 2019 Page 5 IV. COMMUNITY DEVELOPMENT REPORT A Memorandum was presented to the Planning Commission from Senior Planner Thaniel Gouk regarding the Shoreline Master Program – Periodic Update Status and Schedule. Beginning in July of 2018 the Planning Commission began discussion on a State-mandated periodic update to the City’s Shoreline Master Program (SMP). At that time, Staff presented the Planning Commission with a schedule showing the completion of this update by June 30, 2019. The City received a grant from the WA Dept. of Ecology to complete these updates. A consultant did identify mostly minor changes that will need to be changed to the SMP. However, updates are also needed for the City’s Critical Areas Ordinance (CAO) that are also needed. The CAO is referenced within the SMP. Based on these CAO changes that were not anticipated, Staff reached out to the WA Dept. of Ecology for guidance on how the City should proceed given the target date of completion is June 30, 2019. It was recommended to the City proceed with making changes to the CAO even if that means pushing the target date out beyond the deadline. Staff is currently working on drafting these updates and will work on presenting them to the Commission in the coming months. The Planning Commission asked what their role would be and staff responded that there would likely be changes to City Codes, including the Critical Areas Regulations, to address changes in wetland classifications, delineation methodology, etc. Staff explained that the changes are not inconsistent with recommendations to other jurisdictions. Chair Roland asked for a recap of the history once the times comes. The Commission verified that the May 7, 2019 Planning Commission is still scheduled in addition to the proposed joint meeting at the City Council Study Session meeting on May 13. Staff presented Development Activity on the horizon in Auburn. Auburn Town Center, Auburn Legacy Senior Housing, Tru by Hilton, Fieldhouse USA, Wyndam Hotel, ARCO AM/PM, Auburn School District major school improvements, downtown façade improvement grant projects as well as an update on the Heritage Building that was affected by a fire. V. ADJOURNMENT There being no further business to come before the Planning Commission, Chair Roland adjourned the meeting at 8:35 P.M. Page 7 of 30 AGENDA BILL APPROVAL FORM Agenda Subject: Shoreline Master Program and Critical Areas Ordinance Updates Date: April 29, 2019 Department: Community Development Attachments: Memorandum Power Point Pres entation Notes Budget Impact: Current Budget: $0 Proposed Revision: $0 Revised Budget: $0 Administrativ e Recommendation: For Discussion and Presentation Background Summary: Please see the attached Memorandum Rev iewed by Council Committees: Councilmember:Staff:Dixon Meeting Date:May 7, 2019 Item Number: Page 8 of 30 MEMORANDUM TO: Judi Roland, Chair, Planning Commission Roger Lee, Vice-Chair, Planning Commission Planning Commission Members FROM: Thaniel Gouk, Senior Planner, Department of Community Development DATE: April 24, 2019 RE: Shoreline Master Program Periodic Update – Status and schedule As you recall, at last month’s meeting, staff provided a memo dated April 2, 2019 saying that based on additional study, provisions of the City’s critical areas regulations related to streams, wetlands, and aquifer protection areas also warrant changes simultaneously with the SMP update and that the WA State Dept. of Ecology would allow the SMP update work to extend beyond the previously communicated June 30th completion date. In follow up to the April 2, 2019 memo, staff has prepared some information to advance the discussion on the State-mandated periodic update to the City’s Shoreline Master Program (SMP). The additional information contained in this memo includes:  An updated schedule for Planning Commission (PC) review  Initial chapters of the SMP with proposed text changes showing  The scope of changes to the critical area regulations (ACC 16.10) SCHEDULE UPDATE Per the April 2nd memo to the PC, the due date for the SMP update will extend past the original June 30th deadline to ensure the City can properly review and include the City’s Critical Areas Ordinance (CAO). Staff is proposing the following schedule for the PC: May 7th – (this meeting) review Chapters 1-3 of the SMP, discuss wetland and stream buffers, and a presentation from Rick Mraz (WA State Dept. of Ecology) on wetland buffers. June 4th – PC review Chapters 4-6 of the SMP, review first portion of the CAO. July 2nd (date may change due to the 4th of July) – review remaining SMP documents (e.g. maps, etc.), review second portion of the CAO. August 6th – PC public hearing for SMP and CAO. A public open house may also be held at some time prior to August. Page 9 of 30 SMP UPDATE: CHAPTERS 1-3 Attached (in strikeout- and underline format) as Exhibit 1 to this memo are Chapters 1 through 3 of the SMP. Chapter 1 contains the Definitions section. There are no major changes to this section. The few definitions that are modified include explanatory comments next to them. Chapter 2 contains the Goals and Elements of the SMP and Chapter 3 contains the Shoreline Environment Designations (These are like the zoning districts of the SMP). There are no changes to these sections. CRITICAL AREAS CODE UPDATES In short, the main subject areas of the critical area code changes include:  Critical areas code update (associated with Shoreline Management Program update) o Streams/rivers  Classification system  Buffer standards o Wetlands  delineation methodology  Buffer standards o Aquifer Recharge/Well head protection  Address protection of private well sites Since a common element of changes to both the critical areas of streams and wetland is buffers , some further description of this term is appropriate. “Buffer or buffer area” means a naturally vegetated, undisturbed, enhanced or revegetated zone surrounding a critical area that protects the critical area from adverse impacts to its integrity and value, and is an integral part of the resource’s ecosystem. Buffers protect critical areas by providing a natural area between development and the particular critical area. Buffers apply to not only streams and wetlands but may apply to other environmentally sensitive areas such as steep slopes. Buffers are one of the most common elements of critical areas ordinances (CAO), and they are consistently the part of a CAO of most interest and concern to the public. Under the state Growth Management Act (GMA), local government s are required to use the best available science in their policies and regulations (RCW 36.70A.172). To assist local jurisdictions with this requirement and avoid the expense, the Dept. of Ecology (DOE) has developed guidance on the science currently available. They requested the City to review and revise the CAO to take into consideration this current BAS. Most local jurisdictions have already implemented these changes. Page 10 of 30 Streams. For streams, the buffers would be updated as well as the methodology for classifying them, consistent with the “Washington State Department of Natural Resources (WDNR) Forest Practices water typing system”. This classification methodology is used by most jurisdictions so that a consistent approach can be used for review by various agencies. The current and DOE recommended stream buffers are as follows: Existing Stream Buffers Proposed Buffer Ranges (per current BAS) Stream Class Buffer Width Stream Type (per WAC 222-16-030) Buffer Width Class 1 (Green and White rivers)* 100-200’ Type S* 115-200’ Class 2 (fish bearing) 75’ Type F 100-165’ Class 3 (non-fish bearing) 25’ Type Np 50-65’ Class 4 (swales and small channels) 25’ Type Ns 50-65’ *Subject to the SMP The buffers range in width depending on the target functions and buffer conditions . For example, fish bearing stream buffers should be a minimum of 100 feet in width, although buffer averaging may be allowed to reduce these buffers to as low as 75 feet. Wetlands. A wetland delineation establishes the existence (location) and physical limits (size) of a wetland for purposes of federal, state, and local regulations. The city’s code requires changes to reflect the latest wetland delineation methodology to remain consistent with what is required by the State (WAC 173-22-035). So staff proposes a code change to reference the methodology that is used in the field to identify and locate the wetland. Also proposed is a change to the wetland rating system that is used to determine the appropriate wetland buffer width. While the numeric classification range of 1 through 4 used by the City will remain, there will be greater number of subcategories within each of these classifications to prescribe the appropriate buffer width needed for wetland protection. The subcategories will be distinguished by a point scoring based on cumulative point values for water quality, hydrologic function, and habitat functions. The current CAO refers to the Washington State Wetlands Rating System for Western Washington (Dept. of Ecology, 2004). The current BAS-based wetland rating system is the Washington State Wetland Rating System for Western Washington (Hruby, 2014). In July 2018, Ecology again updated its guidance for wetland buffers based on continued evaluation of wetlands that ultimately resulted in additional options for wetland buffers. The updated guidance provides alternatives to buffer tables based solely on wetland category to provide a balance of predictability and flexibility while being easy to use and protecting wetland functions and values. There would also be options for buffer reductions based on a list of impact-minimization measures that could be utilized. The following table shows the existing and proposed wetland buffer widths. Existing Wetland Buffers Proposed per 2018 Dept. of Ecology Guidance Category Min. Max. Without Minimization Measures With Minimization Measures Habitat Score Habitat Score High Moderate Low High Moderate Low 1 100’ 200’ 300’ 150’ 100’ 225’ 110’ 75’ Page 11 of 30 2 50’ 100’ 300’ 150’ 100’ 225’ 110’ 75’ 3 25’ 50’ 300’ 150’ 80’ 225’ 110’ 60’ 4 25’ 30’ 50’ 40’ The following table shows the wetland buffer impact minimization measures, per Ecology’s most recent guidance. Disturbance Required Measures to Minimize Impacts Lights - Direct lights away from wetland. Noise - Locate activity that generates noise away from wetland. - If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source. - For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10’ heavily vegetated buffer strip immediately adjacent to the outer wetland buffer. Toxic runoff - Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered. - Establish covenants limiting use of pesticides within 150 ft. of wetland. - Apply integrated pest management. Stormwater runoff - Retrofit stormwater detention and treatment for roads and existing adjacent development. - Prevent channelized flow from lawns that directly enters the buffer. - Use Low Intensity Development techniques (for more information refer to the drainage ordinance and manual). Change in water regime - Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns. Pets and humans - Use privacy fencing OR plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion. - Place wetland and its buffer in a separate tract or protect with a conservation easement. Dust - Use best management practices to control dust The scope of critical area code changes affecting wetland will become more clear after the presentation by Rick Mraz, Professional Wetland Scientist, Dept. of Ecology. Aquifer Recharge/Well head protection . This topic will be explained at a future planning Commission meeting. NEXT STEPS At the June 4th PC meeting Staff will present the proposed changes to Chapters 4-6 of the SMP and the first portion of the proposed changes to the CAO. Chapter 4 is the main body of the SMP containing policies and will contain the more substantive topics. Page 12 of 30 4/25/2019 1 Critical Areas Ordinance Workshop – City of Auburn Rick Mraz, PWS Wetlands and Shoreline Specialist 1 Goals of this presentation: Wetlands: what are they, why do we care? Overview of wetland functions, how they’re determined, and how to protect them Ecology guidance documents: what are they, when to use them 2 Wetlands: What are they and why are we here? 3 Page 13 of 30 4/25/2019 2 GMA Requirements – RCW 36.70A All counties and cities are required to designate and protect critical areas functions and values by the Growth Management Act 4 SMA Requirements – RCW 90.58 (3) The legislature intends that critical areas within the jurisdiction of the shoreline management act shall be governed by the shoreline management act… 5 RCW 36.70A.030 Definitions. (5) "Critical areas" include the following areas and ecosystems: (a) Wetlands;… Fish & wildlife conservation areas (rivers, lakes, saltwater, etc.), geologic hazards, aquifer recharge areas and frequently flooded areas are also critical areas. 6 Page 14 of 30 4/25/2019 3 RCW 36.70A.030 Definitions. (21) “Wetland” or “wetlands” means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas created to mitigate conversion of wetlands. 7 In Other Words: Wetlands are areas that are wet enough for a long enough period of time that the soils become anaerobic (low oxygen), and only plants that can handle the wetness and lack of oxygen can grow there. 8 RCW 36.70A.060 Natural resource lands and critical areas—Development regulations. (2) Each county and city shall adopt development regulations that protect critical areas that are required to be designated under RCW 36.70A.170. 9 Page 15 of 30 4/25/2019 4 RCW 36.70A.172 Critical areas—Designation and protection—Best available science to be used. (1) In designating and protecting critical areas under this chapter, counties and cities shall include the best available science in developing policies and development regulations to protect the functions and values of critical areas 10 No Net Loss WAC 365-196-830 (GMA) Protection of critical areas. (4) ... Development regulations may not allow a net loss of the functions and values of the ecosystem that includes the impacted or lost critical areas. WAC 173-26-201 (SMA) Master programs shall contain policies and regulations that assure, at minimum, no net loss of ecological functions necessary to sustain shoreline natural resources. 11 Wetlands: How to know one12 Page 16 of 30 4/25/2019 5 Current Delineation Manual WAC 173-22-035 (Ecology rule) Identification of wetlands and delineation of their boundaries pursuant to this chapter shall be done in accordance with the approved federal wetland delineation manual and applicable regional supplements. 13 Overview of Wetland Functions14 Store water during flood events and recharge groundwater during low flows 15 Page 17 of 30 4/25/2019 6 Remove pollutants (sediments, nutrients, toxics) 16 Provide habitat for a large number of plants and animals 17 Wetlands exist in a landscape context Position in the watershed Connection to other surface waters Connection to other habitats 18 Page 18 of 30 4/25/2019 7 Wetland values: The importance humans place on them For some jurisdictions, flood storage may be really important For others, it’s all about water quality improvement Some jurisdictions place high value on livability (green space, wildlife viewing) 19 How do we know what functions are present? 20 So how are wetland functions impacted? Direct Filling Draining Clearing Indirect Surface runoff Noise Light Intrusion Disconnecting from other habitats 21 Page 19 of 30 4/25/2019 8 How do we protect these functions? Landowner incentives Public restoration Regulation/permitting 22 How much protection is enough? There is no bright line Science provides a range How much risk is a jurisdiction willing to accept The greater the reliance on site-specific regulations, the more stringent the regulations need to be to overcome the risk of wetland impacts. 23 A Brief History of Everything: 10+ years of Ecology’s wetland guidance BAS Documents 24 Page 20 of 30 4/25/2019 9 25 26 Ecology’s most current wetland guidance 27 Page 21 of 30 4/25/2019 10 Wetland Guidance for CAO Updates Things to take note of: Buffer tables Mitigation language Stormwater/LID language Small wetland exemption language Ag language 28 Buffers 101 Scientific literature is clear that buffers are critical to maintaining wetlands and their functions Width is only one of several factors that affect buffer effectiveness Width depends on what function you’re protecting Water quality 10-50 feet Wildlife habitat 100-1200 feet 29 Buffers necessary to protect different functions Courtesy of Southeastern Wisconsin Regional Planning Commission 30 Page 22 of 30 4/25/2019 11 Ecology’s buffer approach Ecology’s guidance is a moderate-risk approach Consider the cumulative effects of: Exemptions Exceptions Averaging Reduction The bottom line: What buffer do you end up with and is it wide enough to protect the function present? Does it present a high risk that wetland functions will be degraded? 31 Buffers need to be well-vegetated with a native plant community Not this 32 Why the different buffer strategies? Alternatives 1, 2 and 3 from Appendix 8-C 1: Category only 2: Category and adjacent land use 3: Category and adjacent land use and habitat score FlexibilityPredictability 33 Page 23 of 30 4/25/2019 12 Land Use Intensity 34 Example: Wetland Buffer Options Category II Moderate habitat function (habitat score of 6) Adjacent land use is single-family residential Alternative 1 300 feet Alternative 2 225 feet Alternative 3 110 feet 35 How can I reduce a buffer? Reduction Reduce the intensity of the impact (buffer doesn’t have to “work” as hard) Averaging Increase the width of the buffer in one area and decrease it in another To improve wetland function To allow reasonable use 36 Page 24 of 30 4/25/2019 13 Reducing Buffers Alternative 3 buffers can be reduced by 25% if the applicant: Implements measures to minimize the impacts from adjacent land use AND, if the wetland scores 6 or more habitat points Provides an undisturbed vegetated corridor at least 100 feet wide between the wetland and another priority habitat 37 Table of measures to minimize the impacts from adjacent land use (Appendix 8C and Table XX.2 in Wetland Guidance) 38 Buffer Tables in Wetland Guidance Update Use updated rating scores and category descriptions from 2014 rating system update Re-emphasize the importance of a corridor in protecting habitat function when the wetland scores 6 or more habitat points 39 Page 25 of 30 4/25/2019 14 Buffers in Wetland Guidance Update Table XX.1 has a built-in 25% reduction because both the corridor and Table XX.2 (minimizing measures) are required. Assumes land-use intensity is high. Table XX.3 shows the “full-strength” buffers to be used if the minimizing measures aren’t used OR if a corridor is available but not protected You can still use Alternatives 1, 2 or 3 from Volume 2 Appendix 8-C 40 Table XX.1 (built-in reduction) Buffer width (in feet) based on habitat score Wetland Category 3-4 5 6-7 8-9 Category I: Based on total score 75 105 165 225 Category I: Bogs and Wetlands of High Conservation Value 190 225 Category I: Coastal Lagoons 150 165 225 Category I: Interdunal 225 Category I: Forested 75 105 165 225 Category I: Estuarine 150 (buffer width not based on habitat scores) Category II: Based on score 75 105 165 225 Category II: Interdunal Wetlands 110 165 225 Category II: Estuarine 110 (buffer width not based on habitat scores) Category III (all) 60 105 165 225 Category IV (all) 40 Auburn Wetland Buffer table 41 Table XX.3 (full-strength) Buffer width (in feet) based on habitat score Wetland Category 3-4 5 6-7 8-9 Category I: Based on total score 100 140 220 300 Category I: Bogs and Wetlands of High Conservation Value 250 300 Category I: Coastal Lagoons 200 220 300 Category I: Interdunal 300 Category I: Forested 100 140 220 300 Category I: Estuarine 200 (buffer width not based on habitat scores) Category II: Based on score 100 140 220 300 Category II: Interdunal Wetlands 150 220 300 Category II: Estuarine 150 (buffer width not based on habitat scores) Category III (all) 80 140 220 300 Category IV (all)50 Auburn Wetland Buffer table42 Page 26 of 30 4/25/2019 15 Mitigation 43 Mitigation Sequencing RCW 43-21C Washington State Environmental Policy Act (SEPA) and Section 404 of the federal Clean Water Act (CWA) Avoiding Minimizing Rectifying Reducing Compensating Monitoring 44 Auburn mitigation tableEcology Guidance Mitigation section45 Page 27 of 30 4/25/2019 16 Mitigation section Reorganizes text for clarity and consistency with state and federal guidance References new mitigation guidance documents Includes recommended language for mitigation banks and in-lieu fee programs 46 Wetland Guidance Update Stormwater/LID Language for Wetlands Municipal stormwater permits require local governments to make LID the preferred and commonly used approach New recommended language to connect the dots between the stormwater manual and the CAO Criteria for allowing a wetland or buffer to be physically or hydrologically altered to meet LID requirements 47 Wetland Guidance Update Small wetland exemption language Exempts certain Category IV wetlands from avoidance but NOT from the need to mitigate for impacts (e.g., banks or ILF program) Exempts wetlands less than 1,000 square feet in area from buffer requirements if they meet these same criteria 48 Page 28 of 30 4/25/2019 17 Thank you! 49 Mitigation Guidance50 More Mitigation Guidance51 Page 29 of 30 4/25/2019 18 Watershed Characterization 52 BAS Update53 Page 30 of 30