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Ord 99-353 ORDINANCE NO. 99-353 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING SECTION 22-1 AND AMENDING AND ADDING NEW SECTIONS TO ARTICLE XIV OF CHAPTER 22 OF THE FEDERAL WAY ZONING CODE, REGARDING ENVIRONMENTALLY SENSITIVE AREAS. WHEREAS, amendments to the Federal Way City Code (FWCC) text are authorized by FWCC Section 22-216, pursuant to Process VI review; and WHEREAS, the Federal Way City Council has considered proposed changes to the FWCC regarding environmentally sensitive areas regulations ("Proposal"); and WHEREAS, the Federal Way City Council, pursuantto FWCC 22-517, having determined the Proposal to be worthy of legislative consideration, referred the Proposal to the Federal Way Planning Commission as a priority item for its review and recommendation; and WHEREAS, pursuant to FWCC Section 22-523, the Federal Way Planning Commission considered the Proposal at public hearings during 1997 on September 3, October 1, November 19, and December 5, following public notices having been duly given pursuant to FWCC Section 22-528; and WHEREAS, the public was given opportunities to comment on the Proposal during the Planning Commission review; and ORD # 99-353, PAGE 1 WHEREAS, the City of Federal Way SEPA Responsible Official issued a Declaration of Nonsignificance on May 18, 1997; anct. . . . '. WHEREAS, following the public hea'rings, the Planning Commission submitted to the Land Use and Transportation Committee of the City Council its recommendation in favor of proposed zoning text amendments adding sections to the FWCC as noted previously; and WHEREAS, the Federal Way Land Use and Transportation City Council Committee met on March 2, March 16, and April 6, 1998 to consider the recommendation of the Planning Commission. and then voted to delay making a recommendation to the full City Council until a wetland inventory could be completed; and WHEREAS, the Federal Way Land Use and Transportation City Council Committee reviewed the results of the inventory, along with copies of scientific studies regarding preservation of sensitive areas, on May 17, 1999; and WHEREAS, on October 4, 1999 the Federal Way Land Use and Transportation City Council Committee reviewed and heard additional written and oral comments from the public, reviewed written comments from state agenc!es, reviewed additional changes to the FWCC, and moved to forward the Proposal, with amendments, to the full City Council; and WHEREAS, there was sufficient opportunity for the public to comment on the Proposal; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL ORD # 99-353, PAGE 2 WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. FindingJ!. After full and careful consideration, the City Council of the "-~¡ City of Federal Way makes the following findings with respect to the Proposal and the proposed amendments to the Federal Way City Code ("FWCC"): 1. The Growth Management Act, HCW 36.7ÐA;Ð20; contains 13 unprioritized planning goals, whose purpose is to guide the development of comprehensive plans and development regulations; and 2. RCW 36.7ÐA.Ð2o.,:'includes, among others,Rgoals encouraging .economic dev:f3lopment,;protection ofJpr:jJcélte:property ;~rètention òfppen!Space,:oonservation of fish and :wildlife habitat, and protection and enhancement ofthe environment (including air and watèrquality);and 3. Notwithstanding these general goals, the Growth Management Act" RCW 36.f¡OA,O!)Ð,specifically reqtljt.es cities "to adopt development'regul¡ítia.ns that protect critical areas," including wetf,ands; and 4. The Federal Way City Council adopted the Federal Way Comprehensive Plan in order to comply with the state's Growth Management Act; and 5. The Federal Way Comprehensive Plan contains policies that call for the amendment of certain environmentally sensitive areas regulations, in particular wetlands; and 6. The Federal Way SEPA Responsible Official has issued a Declaration of Nonsignificance on May 5, 1997; and ORD # 99-353, PAGE 3 7. The proposed code amendments will not adversely affect the public health, safety or welfare; and 8. The Planning Commission, following notice thereof as required by RCW 35A.63.070, held public hearings on the proposed code amendments, and considered the testimony, written comments, and material received from the public prior to making its recommendation to the City Council. 9. The City conducted a wetland inventory that concluded in the winter of 1999. Wetlands over 2500 square feet were mapped and classified using the proposed three- tiered system. 10. The Land Use and Transportation Committee, and the City Council, reviewed the following scientific studies as part of their consideration of this ordinance: a. American Planning Association. Habitat Protection Plannina: Where the Wild Thinas Are. 1997. b. Washington Department of Ecology. Wetland Buffers: An Annotated Biblioaraphy. 1992. c. Washington Department of Ecology. Wetland Buffers: Use and Effectiveness. 1992 d. Washington Department of Fish and Wildlife. Manaaement Recommendations for Washinaton's priority Habitats: Riparian 1992. 11. The City Council" also considered the . following scientific studies and information as part of their consideration of this ordinance: ORD # 99-353, PAGE 4 a. Arthur w. Adams, HabitatSuitabilitv Index Models: aeave~; 1~ßSJ b. Bart L. Prose, Habitat Suitabilitv Index Models: BeltedKinofishe~¥,,1Ð85. c. Scott C. Findlay and Jeff Houlahan, AnthroDooenic GorrelatesJefìSJ1ëcies Richness in Southeastem Ontario Wetlands, 1996. d. Email correspondence from Department of ,Ecology wetlands 'biologist Andy McMillan to Deputy CDS Director Kathy Mcclung;datedNoVe:fjber1, 1999. The proposed ordinance was forwarded to,:the state Department: of Community Trade and . EconOlTlic Development, and the ,[!)epartrnentiof~Ecol(:gy.í!Whó provided written comments onthe proposed ordinance. 13. The City Council considered written and oral comments from the public/and the,INrittencomments from the state agencies, prior to adopting this ordinance. Section 2. Conclusions. Pursuant to FWCC Section 22-216 and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the Proposal: 1. The code amendments adopted below are consistent with the following Comprehensive Plan goals and policies contained in the Natural Environment chapter: NEP3 To the maximum extent possible, the City's future actions will be consistent with the goals and policies of this chapter of the Comprehensive Plan. NEP25 The City should adopt stream definitions that are reflective of ORD # 99-353, PAGE 5 NEP36 NEP37 NEP42 NEP43 2. stream function and habitat. The definitions should make a distinction between manmade conveyance systems and natural streams. The City should consider implementing a tiered wetland classification system based on wetland functions and values. the wetland classification system would set forth the appropriate wetland buffer widths. Furthermore, any new wetland classification system should also contain provision for allowing buffer width averaging. As a reference point, the City should consider the classification system and protection measures contained in the Department of Ecology's Model Wetlands Ordinance. Required wetland buffers shall be comprised of native vegetation typically associated with the type of wetland in question. Intrusion into the wetland buffer may be restricted, except for the location of essential public facilities and utilities where no other feasible alternative exists. The City will protect wetlands by maximizing infiltration opportunities and promoting the conservation of forest cover and native vegetation. Wetlands created as a result of a surface or storm water detention facility should not be considered wetlands for regulatory purposes. Special regulations concerning these facilities should be developed. The Wetland Inventory conducted by the City, the scientific studies and information reviewed by the Land Use and Transportation Committee and the City Council and listed above, and the comments ofthe Departments of Ecology, Fish and Wildlife, and Trade and Economic Development provide the best available science concerning wetlands regulation and wetland buffers. 3. The Proposal bears a substantial relationship to the public health, safety and ORD # 99-353, PAGE 6 welfare because it implements policies aimed at protecting the City's natural environment and promotes site sensitive development. Section 3. Amendment. The Federal Way Zoning Code, Chapter 22, is amended as follows: Sec. 22-1. Definitions Regulated wetlands shall mean those wetlands, as described below, which fall into one or more of the followina cateaories: ore st:Jb;'oct ffl the pro. ;3,'ðI'IS ef th;s cede areas-greater !t1aR 2,500 squafC feet iR area tl1at afC iRuRdated er saturated by suFfaee er !;jfðuRd.¡ater at a frequfmey aRd duf8tieR sufficieRt te suppeFt, aRe tl1at uRder Rermal eireumstaRees do suppoFt, a pre.aleRee ef .e!;jelatiel"l t)pically adaptcd te fur life; insaturatcd soil eoRditioRs. VVctlaRds !;jenerall) iRciude :mamps, mar-st'les, be!;js, and similar areas. ..itt'l tt'le cxception 6f- Rcgt:J.'ateB l\et.'tl"B3 a. c c.'ass,l¡eB ;"ffl the f(jNowing categories: (1 ) Category I wetlands are greater I"'an 2,500 square feet iR area and meet one of the following criteria: a. contain the presence of species or documented habitat recognized by state or federal agencies as endangered, threatened or potentially extirpated plant, fish or animal species; or b. contain the presence of plant associations of infrequent occurrence, irreplaceable ecological functions, or exceptional local significance including but not limited to estuarine systems, peat bogs and fens, mature forested ORD # 99-353, PAGE 7 wetlands, groundwater exchange areas, significant habitat or unique educational sites; or c. have three or more wetland classes. one of which is open water. (2) Category 1/ wetlands are greater than 2,500 square feet in area, do not exhibit the characteristics of Category 1 wetlands, and meet one of the following criteria: a. are contiguous with water bodies or tributaries to water bodies which under normal circumstances contain or support a fish population, including streams where flow is intermittent; or b. are greater than one acre is size in its entirety; or c. are less than or equal to one acre in size in its entirety and have two or more wetland classes, with neither class dominated by non-native invasive species (3) Category 11/ wetland are greater than 2,500 square feet in area and do not exhibit those characteristics of Category 1 or 2 wetlands. The following areas, as shown in the King County Wetlands Inventory Notebook, Volume 3 South, shall be regulated by the City's Shoreline Master Program, but shall not be considered regulated wetlands by the proV;S;ðfj3 of th;3 code, unless vegetated wetlands are present: (1) Lower Puget Sound Beach; (2) Lower Puget Sound 1 and 51; and ORD # 99-353, PAGE 8 (3) Areas defined as a regulated lake, by the City's Shoreline Master Program. . '. ".::. Vegetated areas meeting the definition of "wetland" herein, and '....etlaflds which are located around the margins of regulated lakes, ffi8y-beare reaulated wetlands for the purpose ofthisdefinition. stJbjcet tð the !H.ð.;S;ORS of this ChEtpter. 1\lthel:Jgh a site sl'ceifie 'Ioctlarw may fIet meet the criteria described abo.e, it ...-iII be c6f1sidered a regulated ..dlafld if it is fuflctioflally related te aflother netlafld that meets the eriteria. Regmated Wetlands shall mean those areas greater thafl 2,500 s{l:Iarc feet ifl area that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted to for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. "..ith the eXeel'ti6f1 of the felloniflg arcas sho..'1'1 ifl the Kiflg Cel:lflt~ Wdlaflds IfI.er1tef) Netebook, 'Jell:Jme 3 Sotlth: (1) Loner f'uget SeuFld Oeaeh; (2) LO\.er f'tlget Seufld1 afld 51; afld (3) Areas defifled as a regtllatcdlake, The Methodelog~ ifl the Jafluaf) 1080 federal Mafltlal fer Idefltifyiflg afld Delifleatiflg JurisdictiefIBl..'CtlaFlds afldsubse{ueflt Uflited Statcs Arm) COF:ls of eflgifleers rqulatof)' guidaflce letters The March 1997 Washinaton State Wetlands Identification and Delineation Manual (Department of Ecoloav publication #96-94) as set forth stifJulated in WAC 173-22-080, as it exists as of November 1, 1999 or aS~$ubsequentiy.amended, will ORD # 99-353, PAGE 9 be used for rcgtJlatof) identification and delineation8 of wetlands within the City. r .~tream shall mean .af."urse or route, formed by nature, including those which have been '. .. - modified'tìy humans, and generally consisting of a channel with a bed, banks or sides throughout substantially all its length, along which surface waters naturally and normally flow in draining from higher to lower elevations. A stream need not contain water year round. In a develoDina settina. streams mav run in culverts or are may be channeled in a concrete. rock or other artificial convevance svstems. This definition is not meant to include irriaation ditches. e8f1als.StllfaeC,'aler rtJfl6ff stormwater facilities or other artificial watercourses unless they are used bv s-!eeaI resident &líl'l'liiji'8tsf't analiltø1fioUS'lSälliJtonid fish. poDtJlatiofl or;-the feature was constructed to convey natural streams which existed prior to construction of the watercourse. Major stream shall mean any stream, and the tributaries to any stream, which contains or supports, or under normal circumstances contains or supports IeeaI resident or migratory fish populatiofl. If there exists a natural permanent blockaae on the stream course which precludes the upstream movement of anadromous saII11Ol'lid,fish. then that portion of the stream which is downstream of the natural permanent blockaae shall be reaulated as a maior stream. Minor stream shall mean any stream that does not meet the definition of Major Stream. ORD # 99-353, PAGE 10 Article XIV Environmentally Sensitive Areas DIVISION 1. GENERALLY Sec. 22-1223. Jurisdiction. This article applies to the subject property if it: (1 ) (2) (3) (4) (5) (6) Contains or is within 25 feet of a regulated slope; Contains or is within 100 feet of a well head; Contains or is within 100 feet of the ordinaryhighwater mark to3 of BflY bank of a major stream; Contains or is within 50 feet of the ordinary high'Water mark tel' of BflY bBflk of a minor stream; Contains or is within 25 feet of any regulated lake; or Contains or is within 200 4{}() feet of the edge of any reaulated wetland, includina reaulated wetlands associated with anv major stream. minor stream. or reaulated lake. DIVISION 2. ADMINISTRATION Sec. 22-1244. Reasonable use of the subject property. (a) The provisions of this section establish a mechanism whereby the provisions of this article may be modified or waived on a case by case basis if their implementation would deprive an resl:J:t in the applicant being of all reasonable use UflBIJ,'e ta tJsc on; of the subject property f(K 01'1;' .-cOS6f101J:C tJse. (b) An applicant may apply for a modification or waiver of the provisions of this ORD # 99-353, PAGE 11 article using process IV ill; Except that applications for projects on single family residential lots platted prior to the incorporation of the City may use pwcess f III. (c) The city may approve a modification or waiver of the requirements of this article on a case by case basis based on the following criteria: (1 ) The application of the provisions of this article eliminates tmy pmfítBbJe all reasonable use of the subject property. (2) It is solely the implementation of this article, and not other factors, which precludes all reasonable pi"GfitBb.'e use of the subject property. (3) The applicant has in no way created or exacerbated the condition which forms the limitation on the use of the subject property, nor in any way contributed to such limitation. (4) the knowledge of the applicant of limitations on the subject property when he or she acquired the subject property. (5) The waiver or modification will not lead to, create nor significantly increase the risk of injury or death to any person or damage to improvements on or off the subject property. (d) If the city grants a request under this section, it shall grant the minimum necessary to provide the applicant with some reasonablc, p,ðfitabJe use of the subject property, considering the factors described in subsection (c)(1) ~ofthis section. The city may impose any limitations, conditions and restrictions it considers appropriate to ORD # 99-353, PAGE 12 reduce or eliminate any undesirable effects or adverse impacts of granting a request under this section. DIVISION 5. STREAMS Sec. 22-1306. Setbacks. (a) No land surface modification or improvements, may take place or be located in a stream or within the following setback areas except as allowed within this article: (1 ) The setback area for a major stream includes all areas within 100 feet outward from the ordinary.-high water;4ßlark tOI" Ðfe~e""bal'!k of a major stream. (2) The setback area for a minor stream includes all areas within 50 feet outward from the ordinary high water mark tOI" of 6ae19 bank of a minor stream. (b) The setback areas established by this section do not apply to any segment of a stream that is presently within a culvert, unless that stream will be taken out of the culvert as part of development of the subject property. Sec. 22-1307. Relocation. (a) Relocation of a stream on the subject property is permitted subject to all of the conditions and restrictions of this section. (b) A proposal to relocate a stream will be reviewed and decided upon using process V IV in section 22-~ 431 et seq. ORD # 99-353, PAGE 13 (c) As part of any request under this section, the applicant must submit a stream - relocation plan, prepared by a qualifF-d professional approved by the city, that .. .( '. :O:shows the following: (d) (3) (4) (5) (6) (7) (8) (9) (10) (1 ) (2) The creation of a natural meander pattern. The formation of gentle side slopes, at least two feet horizontally to one foot vertically, and the installation of erosion control features for stream side slopes. The creation of a narrow subchannel, where feasible, against the south or west bank. The utilization of natural materials, wherever possible. The use of vegetation normally associated with streams, including primarily native riparian vegetation. The creation of spawning and nesting areas, wherever appropriate. The reestablishment of the fish population, wherever feasible. The restoration of water flow characteristics compatible with fish habitat areas, wherever feasible. The filling and revegetation of the prior channel. A proposed phasing plan specifying time of year for all project phases. The city will allow a stream to be relocated only if water quality, habitat and stormwater retention capability of the streams will be significantly improved by the ORD # 99-353, PAGE 14 relocation. Convenience to the applicant in order to facilitate general site design may not be considered. (e) Prior to diverting water into the new channel, a qualified professional approved by the city shall inspect the new channel following its completion and issue a written report to the director of community development stating that the channel complies with the requirements of this section. (f) The amount of flow and velocity of the stream may not be increased or decreased as the stream enters or leaves the subject property. Sec. 22-1311. Rehabilitation. The director of community development may permit or require the an applicant to rehabilitate or maintain a stream by requiring the removal of detrimental materials such as debris, 3cfltimeflt sediment and inap¡:¡repriate invasive, non-native vegetation 8fId-by rcquiriflg tllc plafltiflg efflati.c .cgctatiofl. Approval of stream rehabilitation shall be based on a review of a plan containing, at a minimum, an analysis of existing conditions, identification of the source, if possible, of the degradation of the stream or riparian zone, proposed corrective actions, includina installation of native species within the riparian corridor, performance standards, monitoring schedule, planting plans,erosion and sedimentation control' plans, and grading plans as necessary. The director may shall require an applicant to retain the services of a qualified professional in preparing the restoration plan. These actions may be permitted or required at any time that a condition detrimental to water quality, stabilitv of stream banks, degradation of existing naturally ORD # 99-353, PAGE 15 vegetated buffers, or in stream habitat exists. Intrusions into regulated steep slopes and associated setbacks will be allowed for purposes of approved stream rehabilitation projects. Sec. 22-1312. Intrusions into setbacks. (a) Essential public facilities, 8i'ffl,public utilities and otherpublic improvements. The director of community development may permit the placement of an essential public facility, ef Public utility or otherpQbli()irnPrQv~mønts in a setback from a stream if he or she determines that the line or improvement must traverse the setback area because no feasible alternative location exists based on an analysis of technology and system efficiency. The specific location and extent of the intrusion into the setback area must constitute the minimum necessary encroachment to meet the requirements of the public facility or utility. "Public Utility other Public Improvements" shall not include improvements wtlose primary purpose .is ,to benefit 'a ¡private development, including without limitation interior roads or privately-owned detention facilities installed within or during the colJstruction of a residential subdivisiQnõ' binding site plan, or other commercial development. (b) Minor improvements. Minor improvements such as footbridges crossing the stream, walkways and benches may be located within the setback area if approved through process f 1I.I!based on the following criteria: (1 ) (2) It will not adversely affect water quality;, It will not adversely.affecttheexistingquality of wildlife habitatWithin ORD # 99-353, PAGE 16 (6) the stream or setback 'area; dC3tfð~ fler damage a sig'flifieaflttí8bi$t area-. (3) It will not adversely affect drainage or storm water retention capabilities;7 (4) It will not IefId lead to unstable earth conditions nor create erosion hazardS;7 (5) It will not be materially detrimental to any other property nor to the city as a whole; and , ifleh:ldifl!J the lessef si!JflificsfltepCÍ'I,sþaeCðt 3CE:flie vista. It is necessary to correct anyone of the adverse conditions sDecified in subsections (1) throuah (5) of this subsection. (c) Other intrusions. Other than as specified in subsections (a) and (b) of this section, the city may approve any request to locate an improvement or engage in land surface modification within stream setback areas only through process th IV; based on the following criteria: (1 ) (2) (3) It will not adversely affect water quality;7 It will not adversely affect the existing quality of wildlífe habitat within the streamor setback ilrea; dc3trey fler damage a sigi!lîfiëai'lt habitat area-. It will not adversely affect drainage or storm water retention capabilities;~ ORD # 99-353, PAGE 17 (4) It will not Ieftd lead to unstable earth conditions nor create erosion hazards:., ans! t .' . "It will not be materially detrimental to any other property in the area of (5) the subject property nor to the city as a whole, including the loss of significant open space; and ersecflie..ist$. Sec. 22-1333. Activities and improvements waterward of the ordinary high-water mark. This section regulates structures, improvements and activities waterward of the ordinary high-water mark of regulated lakes. (1 ) Dredging and filling. Except as permitted in conjunction with activities regulated under process III and IV, sections 22-476 et seq. and 22-516 et seq., dredging and filling waterward of the ordinary high-water mark of a regulated lake is prohibited. (2) Structures and improvements. Except as permitted in conjunction with activities regulated under process III and IV, sections 22-476 etseq. and 22- 516 et seq., the only structures or improvements that may be located waterward of the ordinary high-water mark of a regulated lake are moorage structures. The city will review and decide upon any proposal for a moorage structure waterward of the ordinary high-water mark using process f HI. The city may grant a request under this section if the moorage structure is accessory to a dwelling unit or public park on the subject property and no ORD # 99-353, PAGE 18 significant habitat area will be damaged by its construction or use. A moorage structure, if permitted, may not extend waterward further than is reasonably necessary to function properly, but in no event more than 200 feet waterward of the ordinary high-water mark. Moorage structures may not be treated with creosote, oil base or other toxic substances. The top of the moorage structure may not be more than two feet above the ordinary high- water mark. Sec. 22-1334. Activities and improvements within the required setback areas from regulated lakes. No structure, improvement nor land surface modification may be located or take place within the setback area from a regulated lake except as allowed in this section. (1 ) Landscaping and land surface modification. Except as otherwise specifically permitted in this section, the setback area from a regulated lake may not be covered with an impervious surface. Installation and maintenance of normal residential or park-like landscaping may take place within the required setback area, provided that no fertilizers, pesticides or other chemicals or substances are applied within the setback area that will degrade water quality or hasten eutrophication of the lake. Land surface modification beyond installation and maintenance of normal residential or park-like landscaping may only be permitted within the setback area if approved through process hfllbased on the following criteria: ORD # 99-353, PAGE 19 , "t:!~, (2) c, d, a, The proposed land surface modification is necessary for the reasonable use of the subject property, b. The land surface modification will not increase or decrease the size of the regulated lake, c, The land surface modification will not change the points where any water enters or leaves the subject property nor in any way change drainage patterns to or from adjacent properties. d. The proposed land surface modification will not be detrimental to water quality or habitats in or around the lake. Minorstructures and improvements. Minor improvements such as walkways, benches, platforms for storage of small boats and small storage lockers for paddles, oars, life preservers and similar boating equipment may be located within the setback area if approved by the director of community development based on the following criteria: a, The minor improvement will not adversely affect water quality, b, The minor improvement will not destroy nor damage a significant habitat area, The minor improvement will not adversely affect drainage or stormwater retention capabilities, The minor improvement will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole-; ORD # 99-353, PAGE 20 (4) iflcll:ldil'\g the:lð33":at'à!~l'\ifjeafit ðl"efl SfJsec Sf sceflie 'v'istss. (3) Essential public facilities and utilities. The director of community development may permit the placement of an essential public facility or utility in the setback area if he or she determines that the line or improvement must traverse the setback area because no feasible alternative location exists based on an analysis of technology and system efficiency. The specific location and extent ofthe intrusion into the setback area must constitute the minimum necessary encroachment to meet the requirements of the public facility or utility. Other intrusions: a. Where the properties immediately abutting the subject property have dwelling units which extend into the setback area, the applicant may construct a dwelling unit on the subject property that extends into this setback area to the extent permitted in subsection b. of this section. b. Where subsection a. of this section applies, the dwelling unit on the subject property may be no closer to the ordinary high-water mark of the regulated lake than the average of the distance of the two dwelling units on the properties immediately abutting the subject property. If one of the properties immediately abutting the subject property does not contain a dwelling unit or the dwelling unit on that abutting property is more than 25 feet from the ordinary high-water ORD # 99-353, PAGE 21 (b) (c) (d) mark ofthe regulated lake, the setback of the dwelling unit on that lot win-.be pre,sumed to be 25 feet for the purposes of calculating the . ' permissible location for the dwelling unit on the subject property under this section. (5) Revegetation. The applicant shall stabilize all areas left exposed after land surface modification with appropriate vegetation. Sec. 22-1336. Bulkheads. (a) General. A bulkhead is permitted within or adjacent to a regulated lake subject to the provisions of this section. Required permit. The city will review and decide upon an application under this section using process fill. Criteria. The city may permit a bulkhead to be constructed only if: (1 ) (2) The bulkhead is needed to prevent significant erosion. The use of vegetation will not sufficiently stabilize the shoreline to prevent the significant erosion. Design features. A bulkhead may not be located between a regulated lake and a wetland. Changes in the horizontal or vertical configuration ofthe land must be kept to a minimum. The bulkhead must be designed to minimize the transmittal of wave energy to other properties. ORD # 99-353, PAGE 22 DIVISION 7. ...,', '. Sec. 22-1356. Determination of wetland and regulated wetland. (a) Generally. This section contains procedures and criteria for determining whether an area is defined as a regulated wetland under this chapter. (b) Evaluation. If the city determines that a wetland may exist on or within 200 46fJ feet the subject property, the director of community development shall require the applicant to submit a wetland report.,prepared by a qualified professional approved by the city, that includes the fo/leJlYiflg information set forth in subsection (b)( 1) - (7) and subsection (c) below. The director of community development shall use #tis the information required bv subsection (b)(1) and (2) to determine if the area is a regulated wetland and, if so, shall use the information required bv subsection (b)(3) - (7) and subsection (c) to determine the cateaorv and precise boundaries of that regulated wetland. (1 ) An evaluation of whether the area in question is a reaulated wetland. based on the definitions in this chEtpte,- of "regulated wetland" l!l Section 22-1 in this chapter. (2) (3) An overview of the methodology used to conduct the study. A description of the wetland and plant communities found therein, incJt¡(/,"ng a map idcfI(;fying delineatina the edge of the wetland and location of plant communities. and g detailed description of the method used to identify the wetland edge. (4) The wetland classification. accordina to the {U.S. Fish and Wildlife ORD # 99-353, PAGE 23 Service "Classification of Wetlands and Deep Water Habitats in the U.S.'} (5) A list of observed plant and wildlife species, using both scientific and common names, and a description of their relative abundance. (6) A list of potential plant or animal species based on signs or other observation. (7) An evaluation and assessment of the existing or potential functions and values of the wetland based on the following factors: surface water control; wildlife habitat; pollution and erosion control; groundwater exchange; open space al'1å aesthetje C61'1tFElSt, and recreatione!t; and educational and cultural opportunities. (c) Drainage Facilities. Surface water ponds, drainage ditches, and other such facilities which were designed to impound or convey water for an engineered purpose are not considered regulated wetlands under this article provided they meet all ofthe following criteria: (1 ) The drainage facility must have been intentionally human created. This is to differentiate from those wetland sites that are accidental consequences of development actions, such as road construction or culvert placement. Such sites may be considered regulated wetlands by the director upon a review under subsection (b)(7) above of the ecological functions and values of the site. ORD # 99-353, PAGE 24 (4) (5) (6) (2) The drainage facility must have been originally constructed On uplands (non-wetland areas). Ifthe drainage facility is located within a straightened, channelized, or otherwise disturbed natural watercourse, it may be considered a regulated wetland by the director upon review under subsection (b)(7) above of the ecological functions and values of the site. (3) The facility must be actively operated as for use as a surface water drainage facility. Abandoned drainage facilities may be considered regulated wetlands by the director upon a review under subsection (b )(7) above of the ecological functions and values of the site. Wetland conditions have not expanded beyond the originally constructed drainage facility boundary.. In such a case the expanded area may be considered a regulated wetland by the director upon review under subsection (b)(7) above of the ecological functions and values of the site. The drainage facility was not designed or constructed as a requirement to mitigate previous wetland impacts. The director finds that limited ecological functions and values do not warrant application of the City's wetland regulations. ORD # 99-353, PAGE 25 Sec. 22-1357. Sdbacl( aress. Wetland cateaories classifications and standard buffers. (a) (2) Regulated wetlands are classified into the following categories: (1 ) Category I wetlands are greater tl1an 2,500 3el:Iare feet in area and meet one of the following criteria: a. contain the presence of species or documented habitat recognized by state or federal agencies as endangered, threatened or potentially extirpated plant, fish or animal species; or b. contain the presence of plant associations of infrequent occurrence, irreplaceable ecological functions, or exceptional local significance including but not limited to estuarine systems, peat bogs and fens, mature forested wetlands, groundwater exchange areas, significant habitat or unique educational sites; or c. have three or more wetland classes, one of which is open water. Category II wetlands are greater than 2,500 square feet in area, do not exhibit the characteristics of Category 1 wetlands, and meet one of the following criteria: a. are contiguous with water bodies or tributaries to water bodies ORD # 99-353, PAGE 26 which under normal circumstances contain or support a fish population, including streams where flow is intermittent; or b. are greater than one acre is size in its entirety; or c. are less than or equal to one acre in size in its entirety and have two or more wetland classes, with neither class dominated by non-native invasive species (3) Category 11/ wetland are greater than 2,500 square feet in area and do not exhibit those characteristics of Category 1 or 2 wetlands. (b) Standard buffer widths for regulated wetlands are established as follows: (1 ) (2) Category I wetlands shall have a standard buffer width of 200 feet. Category II wetlands shall have a standard buffer width of 100 feet. (3) Category III wetlands shall have a standard buffer width of 50 feet for wetlands that are greater than 10,000 square feet in area, and shall have a standard buffer width of 25 feet for wetlands that are between 2,500 to 10,000 square feet in area. (tI!?;.'¡¡;~sctio"] Sec. 1357.5. Modification of standard ,.stland btlffer. ,(a) Dl:Jffer AHJr8l'Û1fj.[3l:JffefS ms) be s,era~(:d '01'11) .~hefl thê .,..(:tlsfld efthe bl:iffcr;~~.hich i3.Br6BO3(:d tà be~redl:Jeèd 3el'lsiti'.'e.sres tð,b~ Bl:Jff-cred eoflt8iflS;l\áijitat W~:qš;;W;hieh ha'.(: Beefl 3013(:fffl8f1efltl) impsetcd that ret'.ll:Jced bl:Jff€fSdo-flð!¡136:9t a ~f!:IPflt te th(:exi3tifl§ er exl3ected habitat ftll'lctiefl3. Thc81313lieaRt ml:J3t dem6f1stffitc tô;th(>;.~ati3f-actiofl of the Dircelor of CemmuRily Dc.'clel3mtl'1t that thC13fð13e3Cdbtlffcr ORD # 99-353, PAGE 27 avetegi"g LÌt\'iII;I'Ii\~~~e ~fðllð'.'Iil'\'gL~ritÐria: ~ (1) Redaeeel:baffcrs '..iIIl'lot affeet the ""8ter Eltlalit) cflæril'lg a .wellaRd or streafrr, (2) fkdtleedbtlffers.'JiIII'IÐt ad.ersely sHeet sigl'lifieal'lt habitat ~reas withil'l a.vetlal'ld sel'lsiti.e area or the barter; (3) Redtleed:b.affcfS ',.iIIl'let restllt il'l tll'lstable earth cel'lditiol'lsflorereate cresiol'l hamreJs; al'ld (,4) R.edtlced'btlffcrs.villflet be detrimel'ltal to aflY ether, "tlblie or "rivate pfðl'ertie~¡r¡¡"cltlåil'l!'.t~.,J6SS.of opel'l space. er scÐl'lievistes.; At l'Ie "ail'll .II'! no ;fIstal'!ces .~hall the btlffcr nielth be redtlecd to less thal'l 5Ð% ef the rÐEI"'Îredstal'leiareJ btlffer.nidtQ;;tll'lless the btlffer, il'l existil'l(1 eol'lditi6l'1s. has alread'.~bccl'l Defffial'lÐl'llIy elimil'lated. b..tI1re/:Jeh 6revietls. leeall. "ermitted aeti6l'1s. The total area co!jteiI'lÐd:ttlthil'l the btlffer af1ef,,8~era!:lil'l!:l shall beeEltlal to the ar£a F£Eltlircd fe[3tafjeleíreJ buffer dimeFlsiol'ls. (b) . RedtJct;onof.8(éÍÍÌiëe..d IIkt/afJt'JDtJffcf RcdtJctien. Illidth:.The diree~r of col'I!\mtlFlity;.deltcJo"mcflt m~¡;(f1daec the.stal'ldareJ~.etlal'ld buffer ,'lidth b{,I:II' Ie 5Ð1~,.but il'l !j,B ca3C~ less thal'l25 fcet;ì.'fl'Ia ease by case basis al'ld the "reject il'lcltldes ab.tlffer e.fI~!!l'IcemÈ!)f'It "Ial'l, asil'l!',ap,p'~þfiatc.l'lathie.:.-t:getatiol'l, ',.-hieh ele8f1ysl:I~8tefltj8teþ;th8t àFl.:ftFlha"eeel btlffer...iII im¡;r~e.the..ft:Jl'letiol'lal 'attribtltes ef thcbtlffer,::te I're'/id~:r fer additiol'lal "reteetiol'lof ,vetlal'ld:fufletiol'ls al'ld .alues ..,'here oFle ofthe felle.vil'lg col'lditiol'ls cal'lbedcmoflstrt1ted: ORD # 99-353, PAGE 28 (~~ ,~existiflS eeflditiefls are sueh that the required stsfldafd buffcr'&xist5 ifl apermaflefltl)al~red.state (e.s. l'6ad'<\8"s, þa'..edpaìldflSlots, pcffi'aReflLstl'tlettlffis,.ete.) ..hieh etees flot pro.iete.aR)',btlffer ftlMtiefl, theflthe bl:Jffereafl be reettleed for thatpertieR .,hCffi the ifltrusiefls art') existiflg. (2) exeeptfer Ca~geFY I ..'ctlaflds, existiflg eeflditiefls are sueh that the wetiaFiet has beeR permafleRtl) impacted b.,. aåjaeeflt ete..elðþmeflt aeti'..ities, as e.ieteRocet b) stich thiRgS as persisteRt humaR altef8tiefls:~r,thedemiflaflec ef fleRflati.'e iR.'8si.e species. (3) apt'ðjeetefl .. aR existiflg siflgle fafflil): let platteetþrier to tl9c iReOrpOf8tioR ef the City, ..'here impositiofl of the stimdaFet buffer weulet.pf{;cll:låe reaseRablc.use of the let., aRet theprajeet iRcluetes a buffer eRhaReemeRt pieR, UsiR§ spprepriate flBti.-e .cgctstiOR, ....l9ieh clearly substaRtiates that aR eRh8Reed buffer .,iII impre.e the fuRctioRsl ~ttribu~s ef the¡ buffer to previae fer additieRal pl'6teetiðR of wetlaRd .:{tj"etieRs aRd iah:Jes. The¡ elif{;e!or shall198.e the atJthori~' to determiRe if buffer avef8giRg is ..SI'f8Rteel OR the su~e:e¡t.property afld, if~se..ma\:lreauirt; fa ebtaín aelelitiefl8l buffer aresefl ether portiofls of thÐ perimetefef the;seflsiti.'Ð~afea. (e). Dtlff6,-lm:. 196383.. Thc:.directer shall ref tJ ire iRereased eRiireRmeRtall) seflsitive sreaJ:Jaffcr. ..idths OR.a ease e'KessÐ basis ,'v'heR tAe director determifles: tAat alarger ORD # 99-353, PAGE 29 bl:lff-er is fieeessal) to pretèiet,cRVirefìÆ\eflfä"'selOCsitiver:araa'féfietiofls, 118!1:1eSOf h~ard!5 based OR sit£speeific eðflditioflS;, lihis de1el'mifìàtiofishallèae s~~~erredb~ apprep~iate ooeumefltatiofl.sho\.ifl{jthatadditioflai bl:lffer wiEithisreasðflably,rclatedtopreteetioll,df eRvireflmefl1ally seflsiti'te al'(;a ftlfletiofls,sl'Ið ..aI1:l6s, Of preteetiafl of pl:lblie health, safety arId "te/fare, Cl:leh de1el'miRaUOfl shall be attaehed as pol'mit eef'lditiofls. ifhe detcl'miflstiofl shall demoflstrete that at least ofleefthefoUo',.ifl{j faetofSaremet: (1 ) There is habitat for sDeeies listed as thl'(;atefled Of, efldaMered by state Of Jederelaelef'leies :;sted 8fJseies pfe3em ,.ithifl the seflsitive area af'lfl/ef its,bl:l.ffef~~8I:1("aåditiof'lal.¡Þt¡ffef.is fle~3saf;y".tð maifltaìll viable ftJlletiofial habitat; (2) Thefeèart: eoflditiof'ls or featl:lrt:s adjaeeflt:to the bl:lffçr, "l:Ieh as steep slopes or ef6siof'l hazard areas, ...'hieh o','er time m~ pose af'l additioRal thrt:.at 10 the;'. iabUt!', of the b#ffe;r afldJ6r,the scflsiti. e area. Iflsucheircl:lms1aflocs the City may eheose 16 impose those bl:lfk:rs, if af'lY ,aßseeiated ..ith the eeflditiof'lef~ft;atl:lre .posif'lg the threat if'l adElitiOIl;¡tO,Ofi16 Ii maximum, b6"oI'i\Eli.the bufferro(l:IireEi fer the SUBj6et Scf'lsitive area. Sec. 22-1358. Structures, improvements and land surface modifications within regulated wetlands. (a) General/y. No land surface modification may take place and no structure or improvement may be located in a regulated wetland except as provided in this section. ORD # 99-353, PAGE 30 (b) Public parle The city may allow pedestrian access through a regulated '~ '~ wetland in conjunctio.n with a public park. The access, if approved, must be designed to the maximum extent feasible to protect the wetland from any adverse effects or im'p,,!.g~ .~ of the access and to limit the access to the defined access area. (c) Rehabilitation. The directorof community development may permit or require theiØn applicant to rehabilitate and maintain a regulated wetland by removing detrimental material such as debris and inappropriate vegetation and by requiring that native vegetation be planted. These actions may be required at any time that a condition detrimental to water quality or habitat exists. (d) Modification. Otherthan as specified in subsections (b) and (c) ofthis section, the city CØ;,jl'lcil may approve any request to locate an improvement or engage in land surface modification within a regulated wetland using process-IH ,IV. The specific location and extent of the intrusion into the regulated wetland must constitute the minimum necessary encroachment. Approval of a request for improvements or land surface modification within a regulated wetland through process-ltl IVishall be based on the following criteria: (1 ) (2) It will not adversely affect water quality. It will not ~str~.fler elaffla~c a si~flifjcaflthabitat art:a. adversely affeCt ttie;e;¡(Ìsting-quality of the wetland or ,buffer's,wildlife\habitat. (3) It will not adversely affect drainage or storm water retention capabilities. ORD # 99-353, PAGE 31 (6) (7) (8) (9) (e) (4) It will not lead to unstable earth conditions nor create erosion hazards, (5) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of 3igflifiC81'1t open space. arseEìl'iic '.'ist8, It will result in no net loss of wetland area, function or value. The project is in the best interest of the public health, safety or welfare. The applicant has demonstrated sufficient scientific expertise and supervisory capability to carry out the project. The applicant is committed to monitoring the project and to make corrections if the project fails to meet projected goals. Required information. As part of any request under this section, the applicant shall submit a report, prepared by a qualified professional approved by the city, that includes the following information: (1 ) Mitigation plan. A mitigation plan shall include the following elements: a. Environmental goals and objectives. b. Performance standards. c. Detailed construction plans. d. Timing. e. Monitoring program for a minimum of five years. ORD # 99-353, PAGE 32 (2) (3) f. Contingency plan. g. Su~j:!ct to the- applicant's election of .timing alternatives -I provided in subsection (4) below, a pperformance aod maintenancebondiflg in an amount of 120 percent of the costs of implementing the mitigation ;plan or thecontingency';plan, whichever is greater. caeh 6fth~abo'.c elcfl'lCl'lts Mitigation. Mitigation of wetland impacts shall be restricted to tm-Site restoration, creation or enhancement, .within the same basin, of in- kind wetland type which results in no net loss of wetland area, function or value. Where feasible, mitigation measures shall be designed to improve the functions and values of the impacted wetland. Minimum acreage rf1fJ,,'accfflMt mitigatiQl1ratio. The following are ffliFlifl'll:Jf'\ ratios..forproviding';restoration, creation or enhancement ~ qt~ impacted wetland areas. The first number of the ratio specifies the acreage of wetland requiring r~tøration,cre~tion. or replacement, and the second specifies the acreage of wetlands impacted. a. F:otarees v.'ith deet:Jfflcfltcd hal:iitat fèr'cffdeflgcfCd' or threateFlcd f3laFlt, fish; or aFliffie' , sl'ccies; flatural heritage wetlaFld sitcs; regioflell}' fare ..etleFld c6f1"1ff1uFlitics' v.ith ORD # 99-353, PAGE 33 irfCplaecableceeelcgiealftlflßtiefls; or ..etlaflds of e)(eeþti~ru,l local si!flifieaflee tIiIe re9laeemeflt ratio shall be a miflimi:ímef 6:4: b. rorJðre3ted '..'ellaflds v.ith at least 20 pereeflt of the sl:lrfaee area co.ered by ..cody .'Ð!etatiofl !reatcr thafl 20 feet ifl height thc reþlaecmcfltratioshall be a mifliml:lm 6f 3: 1. c. rorscfl:lb shrl:lbV..e:tlaflds...'ith.atie6st 30 þcrecflt of ít3 sl:lrfaee eo\icredb~ ...'5edy.egctatiolillcss thafl 20 fee:t.ifl height a3 the UPRt:;ffflest 8tf!!tB ,tl;lc replaeèmeflt ratio 3hall be 2: 1. d. ref emergclilt ..-ctlaRds 'with at least 30 perecflt 5f thc 3l:1rfaec area eo'tcreel by f;reet, rooted, hcF5accol:l3 vf;gctatiofl as the u""effl\est 4egetati.'c strata the reþlaeemefltratie shall. be +5;+. e' Thereplaecmelilt ratio fer all other ,,'..etlaflel3 shall be 1.25: 1. Wetland Qategory Creation and Restoration Enhancement 12:1 . 6:1 4:1 Cateaory3 Forested ... Scrub/Shrub 2:1 1.5:1 4:1 3:1 ORD # 99-353, PAGE 34 Emergent The Director may permit arr.ecjÙire the above replacement ratios to may be increased or decreased based on the following criteria: a. Probable success of the proposed mitigation. b. Projected losses in function or value. c. Findings of special studies coordinated with agencies with expertise which demonstrate that no net loss of wetland function or value is attained under an alternative ratio. d. In no case shall the minimum acreage replacement ratio be less than 1.25:1. (4) Timing. All required wetland mitigation improvements, ~ including monitoring, shall be completed and accepted by the director of community development priorto beginning activities that will disturb regulated wetlands, ami- or the applicant shall provide the performance and maintenance bond specified in subsection (1)(g) above. In either event, the applicant may not take any action that disturbs a regulated wetland or its buffer until the Director has reviewed and approved the mitigation plan. All wetland- or buffer- disturbing activities, and all mitigation, shall be timed to reduce impacts to existing plants and animals. ORD # 99-353, PAGE 35 (5) Inspections. The applicant shall pay for services of a qualified professional selected and retained by the city to review the wetland mitigation report and other relevant information, conduct periodic inspections, issue a written report to the director of communifl' development stating thatthe project complies with requirements ofthe mitigation plan, and to conduct and report to the director on the status of the monitoring program. Sec. 22-1359. Structures, improvements and land surface modification within the 8~M~! area8~from regulated wetland8'b~ffers. (a) Generally. Except as allowed in this section, no land surface modification may take place and no structure or improvement may be located within tl1esctbaeKareaffðm a regulated wetland buffer. (b) BufferAveraaina. Buffers mav be averaGed onlv when the wetland or the buffer which is proposed to be reduced seflsiti.c area tð be buffered contains habitat types which have been so permanentlv impacted that reduced buffers do not pose a detriment to the existinG or expected habitat functions. ThrouGh prö'Cess III. the applicant must demonstrate to the satisfaction of the Director of Communitv Development that the proposed buffer averaGinG will meet all of the followinG criteria: (1 ) Reduced buffers will not affect the water Gualitv enterinG a wetland or stream: (2) Reduced buffers will not adversely affecttheexistiha qualitv of wild life ORD # 99-353, PAGE 36 habitat'within~he'siaflifìeaflt habitstar-ass ..ithifl a wetland scflsiti've area or the buffer: 13) . ,¡.. . ' . Reduced buffers will not result in unstable earth conditio'Js non::reate erosion hazards: and 14) Reduced buffers will not be detrimental to anv other public or private properties, includinQ the loss of open space, ðfsecflie .'istas, At no point 11'1 l'Ie ;1'I3ffmCe3 shall the buffer width be reduced to less than 50% of the reQuired standard buffer width, unless the buffer, in existinQ conditions, has alreadv been permanentlv eliminated bv throtteth previous. leQallv permitted actions. The total area contained within the buffer after averaQinQ shall be eQual to the area reQuired for standard buffer dimensions. (c) Essential public facilities,tmdÞlIblic utilitie$y and otherþl!JþHcimprovements. The director of community development may permit the placement of an essential public facility, publicef utility or other publíc improvements in a sctbael( area tram a regulated wetland p,þfferif he or she determines that the line or improvement must traverse the buffer-setbaelt I'IfcS, because no feasible or alternative location exists based on an analysis of technology and system efficiency. The specific location and extent of the intrusion into the buffer ~~tb.ij~£.~:.a~a must constitute the minimum necessary encroachment to meet the requirements of the public facility or utility. (d) Minor improvements. Minor improvements such as footbridges, walkways and benches may be located within the buffer sctbacl( .arcs from a regulated wetland if ORD # 99-353, PAGE 37 approved through process f-.Ulibased on the following criteria: (1 ) It will not adversely affect water quality;': - '. '.' .,'" (2) It will not adversely affect the existingqllality of the wetland's'or.,blilffeîJ¡s wildlife dcstre:v fler dðmS¡c.SSi¡flifieaflt habitat-8fea;-. (3) (4) It will not adversely affect drainage or stormwater retention capabilities;,: It will not lead to unstable earth conditions nor create erosion hazards:and~ (5) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, iflcll:Jdifl¡ the ,less ef:si¡AificðAt epcfI space er sceAíc .ists. (e) RcdI:Jc(;en ef Standard Wetland Buffer Reduction. WidHt: iFhrouah, process ,III. the director of community development mav reduce the standard wetland buffer width by up to 50%. but in no case to less than 25 feet. on a case-bv-case basis.iftheproiect includes a,buffer enhancementplan which utilizes approPJiatenative veaètation'andélearly substantiates that an enhanced buffer will improve and'orovide additional protection of wetlåndfønctions and values. and, where one of the followina conditions can be demonstrated: (1 ) existina conditions are such that the reauired standard buffer exists in a permanentlv altered state (e.a. roadwavs. paved parkina lots. permanent structures. etc.) which does not provide anv buffer function. then the buffer can be reduced for that portion where the intrusions are existina. ORD # 99-353, PAGE 38 (2) exceDt for Cateaorv I wetlands. existina conditions are such that the wetland has been Dermanentlv imDacted bv adiacent develoDment activities. as.evideced bv such thinas as Dersistent human "" alterations or the dominance of nonnative invasive sDecies. (3) a Droiect on an existina sinale familv lot Dlatted Drior to the incorDoration of the Citv. where imDosition of the standard buffer would Dreclude reasonable use of the lot.8nd tht:afßieetil'leh:lde38 buffer enhanOCfflCl'lt6laR. !:lain!'! a66re6fÌate flati..e.e/Jetatiðn. ..hieh clearl~~k3!:1bstaRtiatesthat aft~,e)flhaflæd b!:lffef\JÌII ifflßreie, the fuflctiel'lal attributes of the b!:lffer Ie 6revide for additiðflal 6retcctiofl of wetlal'lå ftJl'lctieRs8I1d .alues. The director shall have the authoritv to determine if buffer averaaina is warranted on the subiect DroDertv and. if so. mav require ~ additional buffer area on other Dortions of the Derimeter of the sensitive area. (f) Modification. Other than as specified in subsections (b) and (c) of this section, the city may approve any request to locate an improvement or engage in land surface modification within the buffer:s'êtbàel{ area from a regulated wetland through process-# IV, based on the following criteria: (1 ) (2) It will not adversely affect water quality;': It will not adversely affect the existing quality of the wetland's or buffer's wildlife destFOyt1Or daffl8gt8significMthabitë:ít-aretr, ORD # 99-353, PAGE 39 (3) (4) It will not adversely affect drainage or stormwater retention capabilities¡~ It will not lead to unstable earth conditions nor create erosion hazards¡~ (5) It will not be materially detrimental to any other property in the area of the' ,. . subject property nor to the city as a whole, including the loss of sigflificant open space er socflie .'ista; and...., (6) It is fleoc3sar-yfer ressemsble deyel61'fficnt ðf tile 3ubjeetl'rel'eft). Any~modifi~tion underthissubsectionshall not reduce the standard buffer by morethan 50%, and in no case shall the remaining buffer be less than 25 feet. The City may require, as a cpndition to any modification granted under this subsection, preparation and implementation of a wetland buffer enhancement plan to protect wetland and buffer functions and values. (g) Revegetation. The applicant shall stabilize all areas left exposed after land surface modification with native vegetation normally associated with the buffersctbaeKaf(;8. (h) Buffer Increases. The director shall require increased environmentallv sensitive area buffer widths on a case bv case basis when the director determines that a laraerbufferis necessary to protect environmentallv sensitive area functions. values or hazards based on site specific conditions. This determination shall be supported bv appropriate documentation showina that additional buffer width is reasonably related to protection of environmentallv sensitive area functions and values. or protection of public health. safety and welfare, Such determination shall be attached as permit conditions, The determination shall demonstrate that at least one of the ORD # 99-353, PAGE 40 followina factors are met: (1 ) There is habitat for species 'istedjls threatened or endanaered bv . :" . . . .. state or federal aaencies HstehðeieS pr~sent within the sensitive area and/or its buffer. and additional buffer is necessary to maintain viable functional habitat: (2) There are conditions or features adiacent to the buffer. such as steep slopes or erosion hazard areas which over time mav pose an additional threat to the viability of the buffer andlorthe sensitive area. In such circumstances the City may choose to impose those buffers. if anv. associated with the condition or feature posina the threat in addition to or to a maximum. bevond the buffer required for the subject sensitive area. Section 4. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. ORD # 99-353, PAGE 41 of PASSED by the City Council of the City of Federal Way this Noyember , 1999. CITY OF ~DERAL WAY ¿-d~ MAYOR, RON GINTZ )i(li~:- x4~ CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: ~ ~DI K. ~INDE~ FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 99-353 k:\ordinalsenarea2.ord.wpd 11/9/99 11/16/99 11/20/99 11/21/99 ORD # 99-353 , PAGE 42 16th day � � � �-- MEETING D�TE: November 16, 1999 ITEM# �. � CITY OF FEDERAL WAY City Council . , AGENDA ITEM � � � SUBJECT: Sensitive Areas Ordinance .................................................................................................................... CATEGORY: _ CONSENT _ RESOLUTION _X_ORDINANCE _STAFF REPORT BUSINESS PROCLAMATION HEARING STUDY SESSION FYI OTHER ....................................................................................................................... ` �iV'�9 C' T/�! ��' T ............ . ............................................................................................ BUDGET IMPACT: Amount Budgeted: Expenditure Amt: Cantingency Reqd: ATTACHMENTS: The ordinance has been revised, incorporating suggested changes from citizens and staff, and is attache�l with a memo that reviews the changes in detail. The supporting record are included in a separate notebook. In your notebooks, please find the Planning Commission Findings, all memoranda to Planning Commission and LUTC, the wetland inventory summary and all correspondence submitted to Planning Commission and LUTC. Recent submittals and a paper on best available science have been provided to you separately. The proposed ordinance is underscored and has strikeouts to represent the Planning Commission version with changes the wetland consultant made to address comments from the Department of Ecology and Community Trade and Economic Development . The proposed ordinance also contains double underscoring and italic strikeouts representing changes made by the City Attorney's office as dir•ected by the LUTC. The shaded areas and shaded strikeouts represent the most recent changes. The original Planning Commission draft ordinance, showing changes from the original code language, is in the notebook with the Planning Comrriission Findings. ..........................................................................................................................................................................................................................................................�---- SUMMARY/BACKGROUND: The Planning Commission conducted a public hearings on September 3, October 1, November 19 and December 5, 1997. The LUTC discussed the proposal at its March 2, March 16 and April 6, 1998 meetings and delayed their recommendation until a wetland inventory could be completed. The results of the inventory were presented to the LUTC on May 17, 1999. The deliberations for the ordinance concluded at LUTC on October 4, 1999 and the LUTC Committee recommends approval with some changes to the full Council. The first reading of this ordinance occurred on October 19, 1999. Following that meeting additional comments were submitted by concerned citizens. The suggestions that staff could support have been incorporated into the latest draft and others have been added to the "future work items list" (see attached memo). CITY COiJNCIL COMMITTEE RECOMMENDATION: To approve ordinance . .............................................................................................................................. ........................ . .......---• CITY MANAGER RECOMMENDATION: To adopt proposed amended ordinance. , ......................................................................................................... .................... .... .. . .... APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY" CLERK`S OFFICE) 3sv � r COUNCIL ACTION: � COUNCIL BILL # � 3 � DENIED ORDINANCE # '7� _TABLED/DEFERRED/NO ACTION RESO�I UTION # _. �� ' ��; �s� 9 � ��-�-, �� s� � MEMORANDUM TO: City Council Members FROM: Kathy McClung, Deputy CDS Director �'� DATE: October 12, 1999 RE: Sensitive Areas Ordinance and Notebook Within this notebook is the record submitted through the Planning Commission and Land Use and Transportation Committee regarding the sensitive areas ordinance. There is a Table of Contents following this memo, but I would like to call your attention to the, following: 1. In summary, the proposed ordinance does several things: A. It classifies wetlands into three categories; I, II, & III. The wetland is classified based on the quality of wetland, I being the best quality, III being the least � significant.. B. It sets wetland buffer sizes according to wetland category (i.e. larger buffers for Category I wetlands, smaller for Category II & III wetlands). C. It exempts Category II & III wetlands smaller than 2500 square feet from regulation as environmentally sensitive areas. D. It adds a new section concerning modifications to buffer requirements . Other ehanges are proposed to clarify the definition of "regulated wetland" and "wetland", and to clarify other existing code sections. E. The stream portion of the ordinance was not significantly altered except to change the definition to exempt some storm drainage facilities and develop a process for stream restoration. More extensive code work on stream regulations needs to be done in a future code amendment. 2. A list of scientific studies available for review on wetland and stream buffers is in the 9/29/99 LUTC meeting information. The original studies are in the city council office and are available to review. 3. There is a list of all correspondence at the beginning of that section of the notebook. � � n �� CITY OF FEDERAL WAY CITY ATTORNEY'S OFFICE Memorandum DATE: November 10, 1999 TO: City Councilmembers FROM: Kathy McClung, Deputy CDS Director `' _ Bob C. Sterbank, Deputy City Attorne��'' SUBJECT: Sensitive Areas Ordinance In response to concerns raised at the last Council meeting, the City Manager, city staff, and the City's wetlands biologist met with concerned citizens (and two of their own wetland biologists) on November 3, 1999. Several citizens prepared written comments to the City's then-existing draft sensitive areas ordinance. The citizens' comments are provided separately, for inclusion in your Sensitive Areas Notebook. In total, the citizens' comments suggest some thirty-odd changes to the draft ordinance. After lengthy discussion, including a follow-up staff only meeting, we have incorporated a number of the technical and clarifying suggestions into the draft ordinance. These changes improve the ordinance and will make its implementation more workable. A number of other changes requested had broader policy implications, or raised philosophical di�ferences with the direction of the proposed ordinance. These suggestions are more appropriate for addition to the Council's"future work items" list. If the Council determines, after review of the "future work items" list, that additional Council action on those items is appropriate, the Committee can direct staff to prepare a proposed ordinance for Planning Commission and City Council review. The remainder of the suggested changes staff did not agree were appropriate. This memo will outline the changes that staff concluded were appropriate, and which are included in the revised draft ordinance that is now part of the Council packet. The memo also includes the items which the Council may wish to include on the future work program for staff and Planning Commission. Also, coming to you separately for your notebook, is a list of articles from science journals and agency publications which discuss wetland setbacks. Please bring your Sensitive Area Notebook to the November ' 16t Council meeting. Page 1 of 4 3S� � . A. Changes to ordinance (including �rou� nroposing each chanSel: 1. Page 3- Added language under Findings that Growth Management Act ("GMA") contains 13 unprioritized Planning Goals (citizens), and that GMA requires cities to adopt development regulations that protect critical areas (staf�. 2. Page 4-5 — Added additional references to scientific information provided to Council. 3. a. Page 9- (top of page) Clarified that vegetated wetlands located around lakes are regulated wetlands. (citizens) b. Page 9(bottom of page) added language to include subsequent amendments to the DOE manual. (citizens) 4. a. Page 10 -(middle of page) deleted canals (since we do not have any) and substituted standard "stormwater facilities" instead of "surface water facilities". (staffl b. Page 10 (bottom of page) and Page 11 (top) added "salmonid, etc.", deleted "migratory" (citizens) 5. Page 11 & 13- changed "top of bank" to "Ordinary high water mark" because it is standard language that is more easily identified. (citizens) 6. Page 13 (bottom) - corrected outdated process reference for stream relocations (staf�. Reminder: Processes I-III are administrative;process IV requires apublic hearing and review and a decision by the Hearing Examiner. 7. Page 15- (bottom) added clarifying language requiring erosion control plans as part of stream rehabilitation (citizens) 8. a. Page 16- (essential public facilities) -added clarifying language to address some of citizen concerns. The intent is to include needed public sidewalks, streets and utilities, particularly improvements to existing streets, but not utilities and streets proposed as part of a new, private development. The latter are covered under other sections of the code. (Citizens and staf� b. Page 16- clarified language in subsection (b)(2) regarding wildlife habitat. This change is made consistently in the rest of the code. (Staf� 9. Page 17 --Subsection (b)(5) deleted subjective language concerning "scenic vista" (citizens). This change is made throughout the rest of the code. Deleted reference to loss of"significant open space" because minor improvements would not be likely to affect open space. Page 2 of 4 3S3 � • 10. Page 19 -- corrected outdated process reference for land surface modification within regulated lake setbacks (staf�. 11. Page 22 — corrected outdated process reference for review of bulkhead applications (staffl 12. Page 24, subsection (b)(7) — deleted subjective reference to "aesthetic contrast". (citizens) 13. Page 27-30 -Section 1357.5 moved to Section 1359 to incorporate existing code language. (Staf� 14. Page 31 — corrected outdated process references for location of improvements within a regulated wetland. 15. Page 32 — deleted reference to "scenic vista," and adjective "significant," with reference to "open space." (citizens). 16. Page 33, subsection (1)(g) — provided alternative to timing requirements for mitigation work. (citizens) 17. Pages 33-34, subsection (3) -- deleted mitigation ratios and replaced with ta.ble on page 27 and incorporated ratios based on proposed wetland categories (citizens). 18. Page 35, subsection (4) -- see No. 16 above (citizens). 19. Pages 36-37, subsections (b)(2) and (4) — See Nos. 9 and 15 (citizens). 20. Page 36- (last paragraph) see No. 7 above (citizens and staf�. 21. Page 38, subsection (e) Provides ability to reduce buffer with enhancement under certain conditions (citizens). 22. Page 39, subsection (3) — deleted repetitious language (staf�. 23. Pages 39-40, subsections (2) and (5) — See Nos, 8 and 14 above (citizens). 24. Page 40, middle of page — making requirement for buffer enhancement, and limiting size of buffer modification, consistent with subsection (e) (staffl. B. Future work items 1. As the staff has discussed at the LUTC meetings, through the wetland inventory, we discovered that we need to do a more detailed look at streams. Department of Ecology and Page 3 of 4 3��{ � Fish and Game recommend a tiered categorization system. � 2. The letter from the Department of Trade and Economic Development pointed out that the sensitive area chapter needs to have a section for wellhead protection, the stream section and geologically hazardous areas need revisions. 3. Items that the citizen group suggested, and which the staff supports revisiting are: a. a four tiered wetland system b. incorporating more definitions, where needed. c. incorporate drawings for clarification d. a review of wetland regulation exemptions from City of Kirkland and King County codes. In addition, the staff will look at implementing checklist system that is used in other cities for the use of staff and consultants to verify wetland classifications. This can be done administratively. Page 4 of 4 jSS u °-� � � :�*_�- � ��°��-� :k �--0 s . � 1 �� Draft Ordinance Planning Commission Findings � : Staff Report 8/21 /97 LUTC Memo 3/10/98 � LUTC Memo 9/27/99 � Supplementary Information Wetland Inventory Summary Correspondence � „ Summary 11 /10/97 � ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING SECTION 22-1 AND AMENDING AND ADDING NEW SECTIONS TO ARTICLE XIV OF CHAPTER 22 OF THE FEDERAL WAY ZONING CODE, REGARDING ENVIRONMENTALLY SENSITNE AREAS. WHEREAS, amendments to the Federal Way City Code (FWCC) text are authorized by FWCC Section,22-216, pursuant to Process VI review; and WHEREAS, the Federal Way City Council has considered proposed changes to the FWCC regarding environmentally sensitive areas regulations ("Proposal"); and WHEREAS, the Federal Way City Council, pursuantto FWCC 22-517, having � determined the Pro osal to be worth of le islative consideration, referred the Proposal p Y 9 to the Federal Way Planning Commission as a priority item for its review and recommendation; and WHEREAS, pursuant to FWCC Section 22-523, the Federal Way Planning Commission considered the Proposal at public hearings during 1997 on September 3, October 1, November 19, and December 5, following public notices having been duly given pursuant to FWCC Section 22-528; and VVHEREAS, the public was given opportunities to comment on the Proposal during the Planning Commission review; and � ORD # , PAGE 1 WHEREAS, the City of Federal Way SEPA Responsibie Official issued a Declaration of Nonsignificance on May 18, 1997; and WHEREAS, following the public hearings, the Planning Commission submitted to the Land Use and Transportation Committee of the City Council its recommendation in favor of proposed zoning text amendments adding sections to the FWCC as noted previously; and WHEREAS, the Federal Way Land Use and Transportation City Council Committee met on March 2, March 16, and April 6, 1998 to consider the recommendation of the Planning Commission, and then voted to delay making a recommendation to the full City Council until a wetland inventory could be completed; and WHEREAS, the Federal Way Land Use and Transportation City Council Committee reviewed the results of the inventory, along with copies of scientific studies regarding preservation of sensitive areas, on May 17, 1999; and WHEREAS, on October 4, 1999 the Federal Way Land Use and Transportation City Council Committee reviewed and heard additional written and oral comments from the public, reviewed written comments from state agencies, reviewed additional changes to the FWCC, and moved to forward the Proposal, with amendments, to the full City Council; and WHEREAS, there was sufficient opportunity for the public to comment on the Proposal; NOW, THEREFORE, THE CITY COUNCIL OF THF_ CITY OF FEDERAL ORD # PAGE 2 L_J � � � WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findinqs. After full and careful consideration, the City Council of the City of Federal Way makes the following findings with respect to the Proposal and the proposed amendments to the Federal Way City Code ("FWCC"): 1. The Federal WaX City Council adopted the Federal Way Comprehensive Plan in order to comply with the state's Growth-Management Act; and 2. The Federal Way Comprehensive Plan contains policies that call for the amendment of certain environmentally sensitive areas regulations, in particular wetlands; and 3. The Federal Way SEPA Responsible O�cial has issued a Declaration of � Nonsignificance on May 5, 1997; and 4. The proposed code amendments will not adversely affect the public health, safety or welfare; and 5. The Planning Commission, foltowing notice thereof as required by RCW 35A.63.070, held public hearings on the proposed code amendments, and considered the testimony, written comments, and material received from the public prior to making its recommendation to the City Council. 6. The City conducted a wetland inventory that concluded in the winter of 1999. Wetlands over 2500 square feet were mapped and classified using the proposed three- tiered system. 7 � ORD #_ The Land Use and Transportation Committee, and the City Council, PAGE 3 reviewed the following scientific studies as part of their consideration of this ordinance: a. American Planning Association. Habitat Protection Planning: Where the � , Wild Thinqs Are• 1997. b. Washington Department of Ecology. Wetland Buffers: An Annotated Bibliographx. 1992. c. Washington Department of Ecology. Wetland Buffers: Use and Effectiveness 1992 d. Washington Department of Fish and Wildlife. Manaqement Recommendations for Washin t�priority Habitats: Riparian 1992. 8. The City Council considered written and oral comments from the public and state agencies prior to adopting this ordinance. Section 2. Conclusions. Pursuant to FWCC Section 22-216 and based upon the � Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the Proposal: 1. The code amendments adopted below are consistent with the following Comprehensive Plan goals and policies contained in the Natural Environment chapter: NEP3 To the maximum extent possible, the City's future actions will be consistent with the goals and policies of this chapter of the Comprehensive Plan. NEP25 The City should adopt stream deftnitions that are reflective of stream function and habitat. The definitions should make a distinction befinreen manmade conveyance systems and natural ORD # � , PAGE 4 � � streams. NEP36 The City shouid consider implementing a tiered wetland classification system based on wetiand functions and values. the . wettand classification system would set forth the appropriate wetland buffer widths. Furthermore, any new wetland classification system should also contain provision for allowing buffer width averaging. As a reference point, the City should consider the classification system and protection measures contained in the Department of Ecology's Model Wetlands Ordinance. NEP37 Required wetland buffers shall be comprised of native vegetation typically associated with the type of wetland in question. Intrusion into the wetland buffer may be restricted, except for the location of essential public facilities and utilities where no other feasible alternative �xists. NEP42 The City will protect wetlands by maximizing infiltration opportunities and promoting the conservation of forest cover and native vegetation. NEP43 Wetlands created as a result of a surface or storm water detention � facility should not be considered wetlands for regulatory purposes. Special regutations concerning these facilities should be developed. 2. The Wetland Inventory conducted by the City, the scientific studies reviewed by the Land Use and Transportation Committee and the City Council, and the comments of the Departments of Ecology, Fish and Wildlife, and Trade and Economic Development provide the best available science concerning wetlands regulation and wetland buffers. 3. The Proposal bears a substantial relationship to the public health, safety and welfare because it implements policies aimed at protecting the City's natural environment and promotes site sensitive development. � ORD # , PAGE 5 Section 3. Amendment. The Federal Way Zoning Code, Chapter 22, is amended as follows: � Sec. 22-1. Definitions Regulated wetlands shall mean those wetlands, as descfibed below, which fall into one or more of the followinq cateaories: -�� , , �l�li� 1� �R��'�i�l�1�i1�'��ii��(illliJ��\'IiI►�Sill\'�i►i[.��1\tii�lil\� � • � ��r J�I�lti1�nZ��l IC.�l�iil�l�ll��i��\i11�1�1�[�7� �� '�'l�f7C.1\►il►1i �lt►�f�.11 ' I�l�7l�\i► - ]'1'Lil��lil�l��\[i\[�7�►�rl�il�l�e►7t: ' � ' � ' ' ' ' � � l�l�l 1 � � 11 f. � �� l�.f. !►� �� 1 � t i � � i � � � � I I�t �� If[ill�1��'I'1�11[illlit►=i1l f�J[i�lTIII��i��f1/li/IIl �l�/ll�I'II/f/i�RiltKAl�/IlM (1) Category I wetlands , meet � one of the following criteria: a. contain the presence of species ordocumented habitat recognized by state orfederal agencies as endangered, threatened or potentially extirpated plant, fish or animal species; or b. contain the presence of plant associations of infrequent occurrence, irreplaceable ecological functions, or exceptional local significance including but not limited to estuarine systems, peat bogs and fens, mature forested wetlands, groundwater exchange areas, significant habitat or unique educational sites; or ORD # , PAGE 6 � � c. have three or more wetiand classes one of which is open water. (2) Category ll wetlands are greater than 2,500 square feet in area, do not exhibit the characteristics of Category 1 wetlands, and meet one of the following criteria: � 0 a. are contiguous with water bodies or tributaries to water bodies which under normal circumstances contain or support a fish population, including streams where flow is intermittent; or 17 c. are greater than one acre is size in its entirety; or are less than or equal to one acre in size in its entirety and have two or more wetland classes, with neither class dominated by non-native invasive species (3) Category lll wetland are greater than 2,500 square feet in area and do not exhibit those characteristics of Category 1 or 2 wetlands. The following areas, as shown in the King County Wetlands Inventory Notebook, Volume 3 South, shal{ be regulated by the City's Shoreline Master Program, but shall not be considered regulated wetlands , unless vegetated wetlands are present: (1) �2) (3) � ORD #_ Lower Puget Sound Beach; Lower Puget Sound 1 and 51; and Areas defined as a regulated lake, by the City's Shoreline Master Program. Vegetated wetlands which are located around the margins of regulated lakes , PAG E 7 • ' ' • � • � • ' • i " i - - i i � i i : i � - ' ' - - ' � - ' ' � i � i ' ' � ' ' ' -- _ ' - _ ' _ ' � ' - i ' i : i i . _ IS'I 1'111�i1�fR�1�[�]\il�f►�fiti�l�l� •1[i�\�i�•1'l�f1f!I�li�1��H7l�liln�ti�ir.�l��ti�:��:y��.:.�..�.�.' ��' � c�•i•i�r.n►•��c.��ii�:ti�c:»i��:�u��r:w f�eg�a��el Wetlands shall mean those areas , that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted to for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. , . - -- :�- .:- :.-: --- - ,��_�_::•.�---.:.a�..:i.�:.: ��-,:.:�...�:,:.:� ' --- - - - -- �..�.e.�.�yui.ti:r.c::..►ti: . - - ; - The g�ee--le#�e�s The March 1997 Washington State Wetlands Identification and Delineation Manual (Department of Ecology publication #96-94) as set forth s�i}�rfa�e� in WAC 173-22-080 will be used for �eg-rr�a�eryt identification and delineation� of wetlands within the City. Stream shall mean a course or route, formed by nature, including those which have been modified by humans, and generally consisting of a channel with a bed, banks or sides � ORD # , PAGE 8 � throughout substantiaily all its length, along which surface waters naturally and normally � flow in draining from higher to lower elevations. A stream need not contain water vear round In a developing setting streams may run in culverts or afe mav be channeled in a concrete rock or other artificial conveyance skstems. This definition is not meant to include irrigation ditches canals surface water runoff facilities or other artificial watercourses unless they are used b�a-leeaf resident, s�migratory fish. �+a�eR or,—the feature was constructed to convey natural streams which existed prior to construction of the watercourse. Majorstream shall mean any stream, and the tributaries to any stream, which contains or supports, or under normal circumstances contains or supports +eeaf resident or migratory fish �e�tt�#�e�. If there exists a natural permanent blockage on the stream course which � precludes the upstream movement of anadromous fish then that portion of the stream which is downstream of the natural permanent blockaqe shall be requlated as a maior stream. Minor stream shall mean any stream that does not meet the definition of Major Stream. Article XIV Environmentally Sensitive Areas DIVISION 1. GENERALLY Sec. 22-1223. Jurisdiction. This article applies to the subject property if it: (1) Contains or is within 25 feet of a regulated slope; (2) Contains or is within 100 feet of a well head; � ORD # , PAGE 9 (3) (4) (5) (6) Contains or is within 100 feet of the top of any bank of a major stream; Contains or is within 50 feet of the top of any bank of a minor stream; Contains or is within 25 feet of any regulated lake; or Contains or is within 200 �-99 feet of the edge of any re ulated wetland, includinq requlated wetlands associated with anv maior stream, minor stream, or requlated lake. DIVISION 2. ADMINISTRATION Sec. 22-1244. Reasonable use of the subject property. (a) The provisions of this section establish a mechanism whereby the provisions of this article may be modified or waived on a case by case basis if their implementation would deprive an -��•�" �� `"� applicant �g of all reasonable use f the subject property . (b) An applicant may apply for a modification or waiver of the provisions of this article using process IV �FF; Except that applications for projects on single family residential lots platted prior to the incorporation of the City may use process I. (c) The city may approve a modification or waiver of the requirements of this article on a case by case basis based on the following criteria: (1) �2) The application of the provisions of this article eliminates a►�y ��fe all reasonable use of the subject property. It is solely the implementation of this article, and not other factors, which precludes reasonable �e�e use of the subject property. � � ORD # , PAGE 10 � � which forms the limitation on the use of the subject property, nor in any way contributed to such limitation. (4) ' the knowledge of the applicant of limitations on the subject property when he or she acquired the subject property. (5) The waiver or modification will not lead to, create nor significantly increase the risk of injury or death to any person or damage to improvements on or off the subject property. (d) If the city grants a request under this section, it shall grant the minimum � (3) The applicant has in no way created or exacerbated the condition necessary to provide the applicant with some reasonabl , use of the subject property, considering the factors described in subsection (c)(1) - c 5 of this section. The city may impose any limitations, conditions and restrictions it considers appropriate to reduce or eliminate any undesirable effects or adverse impacts of granting a request under this section. DIVISION 5. STREAMS Sec. 22-1311. Rehabilitation. The director of community development may permit or require �#e an applicant to rehabilitate or maintain a stream by requiring the removal of detrimental materials such as debris, -set�r�e� sediment and ��s#e invasive, non-native vegetation a�-l�p . Approval of stream rehabilitation shall be based � ORD # , PAGE 11 on a review of a plan containing, at a minimum, an analysis of existing conditions, identification of the source, if possible, of the degradation of the stream or riparian zone, � proposed corrective actions, includina installation of native species within the riparian corridor, performance standards, monitoring schedule, planting plans, and grading plans as necessary. The director t� shall require an applicant to retain the services of a qualified professional in preparing the restoration plan. These actions may be permitted or required at any time that a condition detrimental to water quality, stability of stream banks , degradation of existing naturally vegetated buffers, or in stream habitat exists. Intrusions into regulated steep slopes and associated setbacks will be allowed for purposes of approved stream rehabilitation projects. Sec. 22-1312. Intrusions into setbacks. (a) Essential public facilities and utilities. The director of community development ma ermit the lacement of an essential ublic facili or ' � Y p p p ty utility in a setback from a stream if he or she determines that the line or improvement must traverse the setback area because no feasible alternative location exists based on an analysis of technology and system efficiency. The specific location and extent of the intrusion into the setback area must constitute the minimum necessary encroachment to meet the requirements of the public facility or utility. (b) Minor improvements. Minor improvements such as footbridges crossing the stream, walkways and benches may be located within the setback area if approved through process I based on the following criteria: ORD # , PAGE 12 � (1) It will not adversely affect water quality. � 2 It will not destro nor dama e a si nificant habitat area. () Y 9 9 (3) It will not adversely affect drainage or storm water retention capabilities. (4) It will not � lead to unstable earth conditions nor create erosion hazards. (5) It will not be materially detrimental to any other property nor to the city as a whole, including the loss of significant open space or scenic vista. (6) It is necessar�to correct an�one of the adverse conditions specified in subsections (� throuqh (5,) of this subsection. � (c) Ofher intrusions. Other than as specified in subsections (a) and (b) of this section, the city may approve any request to locate an improvement or engage in land surface modification within stream setback areas only through process II, based on the following criteria: (1) It will not adversely affect water quality. (2) It will not destroy nor damage a significant habitat area. (3) It will not adversely affect drainage or storm water retention capabilities. (4) It will not � lead to unstable earth conditions nor create erosion hazards. � ORD # � , PAGE 13 (5) It wili not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of significant open space or scenic vista. DIVISION 7. Sec. 22-1356. Determination of wetland and regulated wetland. (a) Generally. This section contains procedures and criteria for determining whether an area is defined as a regulated wetland under this chapter. (b) Evaluation. If the city determines that a wetland may exist on or within 200 a-88 feet the subject property, the director of community development shall require the applicant to submit a wetland report�prepared by a qualified professional approved by the city, that includes the #alfawti�g information set forth in subsection (b)(1) -(7) and subsection (c) be low. T he direc tor o f communi t y deve lopmen t s ha l l use #- l� s t he in forma tion reauire d bv subsection (b)(1) and (2) to determine if the area is a regulated wetland and, if so, shall use the information required bv subsection (b)(3) -(7) and subsection (c) to determine the cateqorv and precise boundaries of that regulated wetland. (1) �2) (3) ORD # An evaluation of whether the area in quest'ion is a regulated wetland, based on the definition ' of "regulated wetland" in Section 22-1 in this chapter An overview of the methodology used to conduct the study. A description of the wetland and plant communities found therein, PAGE 14 � � u � � (4) (5) (6) �7) ff�efadtr�g a map i��i�g delineatinq the edge of the wetland and location of piant communities and a detailed description of the method used to identify the wetland edge. The wetland classification according to the {1.1.S. Fish and Wildlife Service "Classification of Wetlands and Deep Water Habitats in the U.S."�. A list of observed plant and wildlife species, using both scientific and common names, and a description of their relative abundance. A list of potential plant or animal species based on signs or other observation. An evaluation and assessment of the existing or potential functions water control; wildlife habitat; pollution and erosion control; and values of the wetland based on the following factors: surface groundwater exchange; open space and aesthetic contrast; and recreational, educational and cultural opportunities. (c) Drainage Facilities. SurFace water ponds, drainage ditches, and other such facilities which were designed to impound or convey water for an engineered purpose are not considered regulated wetlands under this article provided they meet all of the following criteria: (1) The drainage facility must have been intentionally human created. This is to differentiate from those wetland sites that are accidental � ORD # , PAGE 15 consequences of development actions, such as road construction or culvert placement. Such sites may be considered regulated wetlands � by the director upon a review under subsection (b)(7) above of the ecological functions and values of the site. (2) The drainage facility must have been originally constructed on uplands (non-wetland areas). If the drainage facility is located within a straightened, channelized, or otherwise disturbed natural watercourse, it may be considered a regulated wetland by the director upon review under subsection (b)(7) above of the ecological functions and values of the site. (3) The facility must be actively operated as for use as a surface water drainage facility. Abandoned drainage facilities may be considered re ulated wetlands b the director u on a review under subsection � 9 Y p (b)(7) above of the ecological functions and values of the site. (4) Wetland conditions have not expanded beyond the originally constructed drainage facility boundary. In such a case the expanded area may be considered a regulated wetland by the director upon review under subsection (b)(7 above of the ecological functions and values of the site. (5) The drainage facility was not designed or constructed as a requirement to mitigate previous wetland impacts. ORD # � , PAGE 16 � � (6) The director finds that limited ecologicai functions and values do not warrant application of the City's wetland regulations. Sec. 22-1357. �-"�-'. �"""'- Wetland cate�ories and standard buffers. (a) 0 Regulated wetlands are classified into the following categories: (1) Category 1 wetlands , meet one of the following criteria: a contain the presence of species or documented habitat recognized by state or federal agencies as endangered, threatened or potentially extirpated plant, fish or animal � � species; or contain the presence of plant associations of infrequent occurrence, irreplaceable ecological functions, or exceptional local significance including but not limited to estuarine systems, peat bogs and fens, mature forested wetlands, groundwater exchange areas, significant habitat or unique educational sites; or c. have three or more wetland classes one of which is open water. �2) Category ll wetlands are greater than 2,500 square feet in area, do not exhibit the characteristics of Category 1 wetlands, and meet one � ORD # , PAGE 17 of the following criteria: a. are contiguous with water bodies or tributaries to water bodies � which under normal circumstances contain or support a fish population, including streams where flow is intermittent; or b. are greater than one acre is size in its entirety; or c. are less than or equal to one acre in size in its entirety and have two or more wetland classes, with neither class dominated by non-native invasive species (3) Category lll wetland are greater than 2,500 square feet in area and do not exhibit those characteristics of Category 1 or 2 wetlands. (b) Standard buffer widths for regulated wetlands are established as follows: (1) Category I wetlands shall have a standard buffer width of 200 feet. 2 Cate o II wetlands shall have a s � O g ry tandard buffer width of 100 feet. (3) Category III wetlands shall have a standard bufferwidth of 50 feet for wetlands that are greater than 10,000 square feet in area, and shall have a standard buffer width of 25 feet for wetlands that are between 2,500 to 10,000 square feet in area. [New Section] Sec. 1357.5. Modification of standard wetland buffer. (a) BufferAveraqinq. Buffers may be averaged only when the wetland or the �a:.... .._,... �.. �,... �.,..0 ..� u er which is proposed to be reduced ��,� contains habitat types which have been so permanently impacted that reduced buffers do not pose a ORD # , PAGE 18 � � � detriment to the existing or expected habitat functions. The applicant must demonstrate to the satisfaction of the Director of Community Development that the proposed buffer averaging will meet all of the following criteria: (1) �2) (3) (4) Reduced buffers will not affecf the water quality entering a wetland or stream; Reduced buffers will not adversely affect significant habitat areas within a wetland ��`�••� �""' or the buffer; Reduced buffers will not result in unstable earth conditions nor create erosion hazards; and Reduced buffers will not be detrimental to any other public or private properties, including the loss of open space or scenic vistas. At no point ►� �� :��`�� shall the buffer width be reduced to less than 50% of the required standard buffer width, unless the buffer in existing conditions, has alreadv been permanently eliminated by �l� previous leqallv permitted actions. The total area contained within the buffer after averaging shall be equal to the area required for standard buffer dimensions. (b) Reduction of Standard Wetland Buffer �dth. The director of community development may reduce the standard wetland buffer width by up to 50%, but in no case to less than 25 feet, on a case-by-case basis where one of the following conditions can be demonstrated: (1) existing conditions are such that the required standard buffer exists � ORD # , PAGE 19 in a permanently altered state (e.g. roadways, paved parking lots, permanent structures, etc.) which does not provide any buffer � function, then the buffer can be reduced for that portion where the intrusions are existing. (2) except for Category I wetlands, existing conditions are such that the wetland has been permanently impacted by adjacent development activities, as evidenced by such things as persistent human alterations or the dominance of nonnative invasive species. (3) a project on an existing single family lot platted prior to the incorporation of the City, where imposition of the standard buffer would preclude reasonable use of the lot, and the project includes a buffer enhancement plan, using appropriate native vegetation, which clearl substantiates that an enhanced buffer will im rove the � Y P functional attributes of the buffer to provide for additional protection of wetland functions and values. The director shall have the authority to determine if buffer averaging is warranted on the subject property and, if so, mav reauire �a-e�si� additional buffer area on other portions of the perimeter of the sensitive area. �c) Bufferincreases. The director shall require increased environmentally sensitive area buffer widths on a case by case basis when the director determines that a larger buffer is necessary to protect en'vironmentally sensitive area functions, values or hazards ORD # , PAGE 20 � � � based on site specific conditions. This determination shall be supported by appropriate documentation showing that additional buffer width is reasonably related to protection of environmentally sensitive area functions and values, or protection of public health, safety and welfare. Such determination shall be attached as permit conditions. The determination shall demonstrate that at least one of the following factors are met: (1) �2) There is habitat for species listed as threatened or endangered bv state or federal a ec� ' present within the sensitive area and/or its buffer, and additional buffer is necessary to maintain viable functional habitat; There are conditions or features adjacent to the buffer, such as steep slopes or erosion hazard areas, which over time may pose an additional threat to the viability of the buffer and/or the sensitive area. In such circumstances the City may choose to impose those buffers, if any, associated with the condition or feature posing the threat in addition to, or to a maximum, beyond the buffer required for the subject sensitive area. Sec. 22-1358. Structures, improvements and land surface modifications within regulated wetlands. (a) Generally. No land surface modification may take place and no structure or improvement may be located in a regulated wetland except as provided in this section. � ORD # , PAGE 21 (b) Public park. The city may allow pedestrian access through a regulated wetland in conjunction with a public park. The access, if approved, must be designed to the maximum extent feasible to protect the wetland from any adverse effects or impacts of the access and to limit the access to the defined access area. (c) Rehabilitation. The director of community development may permit or require the applicant to rehabilitate and maintain a regulated wetland by removing detrimental material such as debris and inappropriate vegetation and by requiring that native vegetation be planted. These actions may be required at any time that a condition detrimental to water quality or habitat exists. (d) Modification. Other than as specified in subsections (b) and (c) of this section, the city council may approve any request to locate an improvement or engage in land surface modification within a regulated wetland using process III. The specific location and extent of the intrusion into the regulated wetland must constitute the minimum necessary encroachment. Approval of a request for improvements or land surface modification within a regulated wetland through process III shall be based on the following criteria: (1) It will not adversely affect water quality. (2) It will not destroy nor damage a significant habitat area. (3) It will not adversely affect drainage or storm water retention capabilities. (4) It will not lead to unstable earth conditions nor create erosion hazards. ORD # , PAGE 22 � 1�_� � (5) It will not be materially detrimental to any other property in the area of � the sub'ect property nor to the city as a whole, including the loss of 1 significant open space or scenic vista. (6) � It will result in no net loss of wetland area, function or value. (7) The project is in the best interest of the public health, safety or welfare. (8) The applicant has demonstrated sufficient scientific expertise and supervisory capability to carry out the project. (9) The applicant is committed to monitoring the project and to make corrections if the project fails to meet projected goals. (e) Required information. As part of any request underthis section, the applicant � shall submit a report, prepared by a qualified professional approved by the city, that includes the following information: (1) Mitigation plan. A mitigation plan shall include the following elements: a. Environmental goals and objectives. b. Performance standards. c. Detailed construction plans. d. Timing. e. Monitoring program for a minimum of five years. f. Contingency plan. g. Performance bonding in an amount of 120 percent of the costs � ORD # , PAGE 23 of implementing each of the above elements. �2) Mitigation. Mitigation of wetland impacts shall be restricted to er�-si�� restoration, creation or enhancement of in-kind wetland type which results in no net loss of wetland area, function or value. Where feasible, mitigation measures shall be designed to improve the functions and values of the impacted wetland. .(3) Minimum acreage replacement ratio. The following are minimum restoration, creation or enhancement ratios for various impacted wetland areas. The first number of the ratio specifies the acreage of wetland requiring replacement and the second specifies the acreage of wetlands impacted. a. For areas with documented habitat for endangered or threatened plant, fish, or animal species; natural heritage wetland sites; regionally rare wetland communities with irreplaceable ecological functions; or wetlands of exceptional local significance the replacement ratio shall be a minimum of 6:1. L� For forested wetlands with at least 20 percent of the surFace area covered by woody vegetation greater than 20 feet in height the replacement ratio shall be a minimum of 3:1. ORD # PAGE 24 �� The above replacement ratios may be increased or decreased based c. 0 e For scrub-shrub wetlands with at least 30 percent of its surtace covered by woody vegetation fess than 20 feet in height as the uppermost strata the replacement ratio shall be 2:1. For emergent wetlands with at least 30 percent of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata the replacement ratio shall be 1.5:1. The replacement ratio for all other wetlands shal! be 1.25:1. on the following criteria: � a � c. 0 Probable success of the proposed mitigation. Projected losses in function or value. Findings of special studies coordinated with agencies with expertise which demonstrate that no net loss of wetland function or value is attained under an alternative ratio. In no case shall the minimum acreage replacement ratio be less than 1.25:1. (4) Timing. All required wetland mitigation improvements, except monitoring, shall be completed and accepted by the director of community development prior to beginning activities that will disturb regulated wetlands, and shall be timed to reduce impacts to existing � ORD #� , PAGE 25 plants and animais. (5) Inspections. The applicant shall pay for services of a qualified � professional selected and retained by the city to review the wetland mitigation report and o"ther relevant information, conduct periodic inspections, issue a written report to the director of community development stating that the project complies with requirements of the mitigation plan, and to conduct and report to the director on the status of the monitoring program. Section 4. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other ersons or circumstances. � P Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of . 1999. CITY OF FEDERAL WAY MAYOR, RON GINTZ ORD # , PAGE 26 � � � ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. � � ORD # , PAGE 27 2 Planning Commission Findings �� CITY OF FEDERAL WAY Planning Commission DATE: December 17, 1997 TO: CITY COUNCIL FROM: ROBERT VAUGHAN, CHAIR SUBJECT: PLANNING COMMISSION RECOMMENDATION - ENVIRONMENTALLY SENSITIVE AREAS ��_��_��..__�»�»��......_��_»_�_�..___»��..��_��»�..�� I. BACRGROUND The Federal Way Comprehensive Plan contains goals and policies that provide for the protection of environmentally sensitive areas as required under growth management. The sensitive areas regulations under review at this time have to do with wetlands and streams. Currently, the City's wetland regulations provide no distinction between wetland types and their function. All wetlands have a required buffer of 100 feet regardless of size or functional value. The comprehensive plan states that the City shall develop a tiered wetland rating system, with appropriate buffers and mechanisms for buffer width modifications. � The existing definitions for streams do not provide enough distinction between naturally occurring water courses and those constructed as surface drainage facilities. The definition of major and minor streaYns are worded such that nearly every stream regardless of its circumstances would be given major stream status, . with a required 100 foot buffer. Staff has identified this _situation as potentially over-regulating certain stream segments. City staff has also identified several provisions within the environmentally sensitive�areas regulations for review and possible amendments. The intent is to further the City's goal of no net loss of sensitive areas and their environ�gnental furictions, while allowing for reasonable development of private property. II. PLANNING COMMISSION PROCESS The Planning Commission held public hearings on September 3, Octobe� 1, November 19, and December 5, 1997. Members of the Planning Commission and the City's consultant toured wetland sites on September 14, 1997. The City's consultant and City staff provided the Commission with an overview of issues and draft 1 � .::� 6. Provisions have been added to allow for intrusion into stream and steep slope setback areas for the purpose of stream rehabilitation. 7. The reasonable use exception provision for previous3y platted single family lots has been changed. from Process III requirements to a Process-'�=I, making it less burdensome on homeowners to utilize their properties. IV. PLANNING COMMISSION FINDINGS & RECOI�II�SENDATIONS The Planning Commission bases its recommendation�of adoption of the proposed amendments to the FWCC relative to environmentally sensitive areas based on the following findings: 1. Whe�-eas, the City's environmentally sensitive areas are an important feature to the City's character and quality of life; and 2. Whereas, selected existing sensitive areas regulations do not provide flexible enough approaches between environmental protection and property development; and 3. Whereas, the proposed amendments are consistent with the provisions of the Natural Environment chapter of the Comprehensive Plan including the following: NEP25- The city should adopt stream definitions that are reflective of stream function and habitat. The definitions should make distinction between manmade conveyance systems and natural streams. NEP26- The City shall consider. implementing a tiered wetland classification system based on wetland functions and values. The wetland classification system would set forth the appropriate wetland buffer widths. Furthermore, any new wetland classification system should also contain provision for allowing buffer width averaging. As a reference point, the City should consider the classification system .and pro�ection measures contained in the Department of Ecology's Model Wetlands ordinance. NEP42- The City will protect wetlands by maximizing infiltration opportunities and promoting the conservation of forest cover and native vegetation. NEP43- Wetlands created as a result of surface or � � _l 3 � J C�rrER 22 ARTICLE I. GENERALLY Sec. 22-1. Definitions ATTACHMENT A Regulated wetlands shall mean those areas ¢reater than 2.500 square feet in area that are inundated or satucated by surface or groundwater at a frequency aad duration sufficieait to suppod, and that under normal circumstances do suppod, a prevalence of vegetation typically adapted to for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas, with the exception of the following areas shown in the King County Wetlands Inventory Notebook, Volume 3 South: (1) Lower Puget Sound Beach; (2) Lower Puget Sound 1 and 51; and (3) �reas defined as a regulated lake. Methodology in the March 1997 Washington State Wetlands Identification and Delineation Manual (Deuartment of Ecology aublication �/96-94) as stipulated in WAC 173-22-080 will be used for regulatory delineations of wetlands within the City. Although a site specific wetland may not meet the criteria described above, it will be considered a regulated wetland if it is functionally related to another wetland that meets the criteria. Stream shall mean a course or route, formed by nature, including those which have been modified by man, and generally consisting of a channel with a bed, banks or sides throughout substantially all its length, along which surface waters naturally and normally flow in draining from higher to lower elevations. A stream need not contain water ,year round. In a develo�ing settin� streams may run in culverts or are channeled in a concrete, rock or other artificial conveyance systems. This definirion is not meant to include irrigation ditches, canals, surface water runoff facilities or other artificial watercourses unless used bv a local or mi�ratory fish population or was constructed to conve�streams which existed prior to construction of the watercourse. Mc41or stream shall mean any stream, and the tributanes to any stream, which contains or supports, or under normal circumstances contains or supports local or migratory fish population. If there exists a natural nermanent blockage on the stream course which precludes the upstream movement of anadromous fish then that uortion of the stream which is downstream of the natural permanent blockage shall be reg,ulated as a niajor stream. Minor stream shall mean any stream that dces not meet the definition of Major Stream. ARTICLE XIV. ENVIItONMENTALLY SENSITIVE AREAS* � "Cross reference(s)—Environmental policy of the city, § 18-26 et seq.; in every case where the city requires an applicant to provide a public walkway, public use area, or other area, facility or structure that is open to the public under the zoning regulations, the appiicant may execute an easement or similar document in a form approved by the city attomey, § 22-10; rezoning of this district to be conducted under the quasi-judicial rezoning procedure, § 22-296 et seq.; the provisions regarding project-related quasijudicial rezoning are applicable to the rezoning of this district, § 22-298(b); erosion and sedimentation supplementary district regulations, § 22-948; land modification reshictions and requirements, § 22-1091 et seq.; water quality requirements and surface water, stonnwater and other waterways, § 22-1196 et seq. DIVISION 1. GENERAI,LY Sec. 22-1221. Purpose. � The purpose of this article is to protect the environment, human life and property from harm and degradation. This is to be achieved by precluding or limiting development in areas where development poses serious or special hazards; by preserving and protecting the quality of drinking water; and by preserving important ecological areas such as steep slopes, streams, lakes and wetlands. The public purposes to be achieved by this article include protection of water quality, ground- water recharge, shoreline stabilization, stream flow maintenance, stability of slope areas, wildlife and fisheries habitat maintenance, protection of human life and property and maintena.nce of natural stormwater storage systems. , (Ord. No. 90-43, § 2(80.10), 2-27-90; Ord. No. 91-105, § 4(80.10), 8-20-91; Ord. No. 91-123, § 3(80.10), 12-17-91) Sec. 22-1222. Applicable provisions. The provisions of this article apply throughout the city and must be complied with regardless of any other conflicting provisions of this chapter. The provisions of this chapter that do not conflict with the provisions of this article apply to the subject property. (Ord. No. 90-43, § 2(80.15), 2-27-90; Ord. No. 91-105, § 4(80.I5), 8-20-91; Ord. No. 91-123, § 3(80.15), 12-17-91) Sec. 22-1223. Jurisdiction. This article applies to the subject property if it: (1) Contains or is within 25 feet of a regulated slope; (2) Contains or is within 100 feet of a well head; (3) Contains or is within 100 feet of the top of any bank of a major stream; (4) Contains or is within 50 feet of the top of any bank of a minor stream; (5) Contains or is within 25 feet of any regulated lake; or � � (6) Contains or is within 100 feet of the edge of any wetland. (Ord. No. 90-43, § 2(80.20), 2-27-90; Ord. No. 91-105, § 4(80.20), 8-20-91; Ord. No. 91-123, § 3(80Z0), 12-17-91) Federal Way City Code Article XIV. Environmentally Sensitive Areas Sec. 22-1224. Other authority and jurisdiction. Nothing in this article in any way limits, or may be construed to limit, the authority of the city under any other applicable law, nor in any way decreases the responsibility of the applicant to comply with all other applicable local, state and federal laws and regulations. (Ord. No. 90-43, § 2(80.25), 2-27-90; Ord. No. 91-105, § 4(80.25), 8-20-91; Ord. No. 91-123, § 3(80.25), 12-17-91) Sec. 22-1225. Liability. � (a) Prior to issuance of any building permit or other permit by the building official, the applicant may be required to enter into an agreement with the city, in a form acceptable to the city attorney, releasing and indemnifying the city from and for any damage or liability resulting from any development activity on the subject property which is related to the physical condition of the steep slope; stream, regulated lake or regulated wetland. This agreement shall be recorded in the county, at the applicant's expense, and shall run with the property. (b) The city may also require the applicant to obtain insurance coverage for damage to city or private property andlor city liability related to any such development activity. (Ord. No. 90-43, § 2(80.55), 2-27-90; Ord. No. 91-105, § 4(80.55), 8-20-91; Ord. No. 91-123, § 3(80.55), 12-17-91) Secs. 22-1226--22-1240. Reserved. DIVISION 2. ADMINISTRATION* *Cmss reference(s)—Administration, ch. 2. � Sec. 22-1241. Administration. Except as otherwise established in this article, this article will be implemented and enforced as part of the city's review of any development activity on the subject property. If the development activity requires approval through process I, II or III, the provisions of this article will be implemented as part of these processes. If the development activity does not require approval through process I, II or III, the provisions of this article will be implemented through site plan review under section 22-361 et seq. (Ord. No. 90-43, § 2(80.30(1)), 2-27-90; Ord. No. 91-105, § 4(80.30(1)), 8-20-91; Ord. No. 91-123, § 3(80.30(I)), 12-17- 91) Sec. 22-1242. Maps adopted. The city hereby adopts the King County Wetlands Inventory Notebook, Volume 3 South, to show the locations of regulated lakes and certain regulated wetlands in the city. (Ord. No. 90-43, § 2(80.30(2)), 2-27-90; Ord. No. 91-105, § 4(80.30(2)), 8-20-91; Ord. No. 91-123, § 3(80.30(2)), 12-17- '__ 91) �2� Federal Way City Code Article XIV. Environmentally Sensitive Areas Sec. 22-1243. Basis for determination. The determinations regarding whether the subject property is regulated under this article, as well as the extent and nature of the regulations that will apply to the subject property, will be determined based on environmental information and mapping possessed by the city as well as other information and mapping provided by or through the applicant. The city may require the applicant, at the applicant's expense, to provide any information, mapping, studies, materials, inspections or reviews that are reasonably necessary to implement this article and to require that such information, studies, mapping, materials, inspections and reviews be provided or performed by a qualified professional acceptable to the city. Other provisions of this article detail other information and inspections that may be required in some instances. (Ord. No. 90-43, § 2(80.30(3)), 2-27-90; Ord. No. 91-105, § 4(80.30(3)), 8-20-91; Ord. No. 91-123, § 3(80.30(3)), 12-17- 91) Sec. 22-1244. Reasonable use of the subject property. (a) The provisions of this section establish a mechanism whereby the provisions of this article may be modified or waived on a case by case basis if their implementation would result in the applicant being unable to use any of the subject property for any reasonable use. � (b) An applicant may apply for a modification or waiver of the provisions of this article using process III; exce�t that apnlications for �rojects on sin le family residential lots �latted �rior to � l� the incorporation of the city may use process I. (c) The city may approve a modification or waiver of the requirements of this article on a case by case basis based on the following criteria: (1) The application of the provisions of this article eliminates any profitable use of the subject property. (2) It is solely the implementation of this article, and not other factors, which precludes profitable use of the subject property. (3) The applicant has in no way created or exacerbated the condition which forms the limitation on the use of the subject property, nor in any way contributed to such limitation. (4) The knowledge of the applicant of limitations on the subject property when he or she acquired the subject property. (5) The waiver or modification will not lead to, create nor significantly increase the risk of injury or death to any person or damage to improvements on or offthe subject property. � '°`� � (d) If the city grants a request under this section, it shall grant the minimum necessary to �3� Federal Way City Code Article XIV. Environmentally Sensitive Areas '. provide the applicant with some reasonable, profitable use of the subject property, considering the factors described in subsection (c)(1) of this section. The city may impose any limitations, conditions and restrictions it considers appropriate to reduce or eliminate any undesirable effects or adverse impacts of granting a request under this section. (Ord. No. 90-43, § 2(8035), 2-27-90; Ord. No. 91-105, § 4(80.35), 8-20-91; Ord. No. 91-123, § 3(80.35), 12-17-91) Sec. 22-1245. Appeals of determination made under article. Any determination made by the director of community development services under this article may be appealed using the procedures established for appeals of interpretations under section 22-5. (Ord. No. 90-43, § 2(80.40), 2-27-90; Ord. No. 91-105, § 4(80.40), 8-20-91; Ord. No. 91-123, § 3(80.40), 12-17-91) Sec. 22-1246. Bonds. The city may require a bond under section 22-146 et seq. to insure compliance with any aspect of this article. (Ord. No. 90-43, § 2(80.45), 2-27-90; Ord. No. 91-105, § 4(80.45), 8-20-91; Ord. No. 91-123, § 3(80.45), 12-17-91) Sec. 22-1247. Dedication. The city may require the applicant to dedicate development rights or an open space easement to the city to insure protection of steep slopes, wells, streams, regulated lakes and regulated __ wetlands and other areas within the jurisdiction of this article. (Ord. No. 90-43, § 2(80.50), 2-27-90; Ord. No. 91-105, § 4(80.50), 8-20-91; Ord. No. 91-123, § 3(80.50), 12-17-91) Sec. 22-1248. Ezemptions. The following activities are exempt from the provisions of this article: (1) Emergencies, that in the opinion of the director of community development services, threaten the public health, safety and welfare; (2) Normal and routine maintenance and repair of the following facilities, for wluch a maintenance plan has been approved by the public works director: a. Existing drainage ditches provided, however, that this exception shall not apply to any ditches used by salmonids other than to permit free migration of salmonid to their spawning grounds; L c. Surface water facilities, provided that such activities shall not involve conversion of any regulated wetland not currently being used for such activity; Existing public facilities and utility structures or right-or-way. �q� Federal Way City Code Article XIV. Environmentally Sensitive Areas �Y The maintenance plan may be designed to address individual facilities or facility � � components, area-wide facilities or city-wide systems. The maintenance plan shall identify the nature of the potential maintenance or repair activities, specifications for work which may occur within potential sensitive areas, specifications for restoring and/or mitigating impacts, specifications for timing of maintenance or repair activities, and process for contacting or notifying the city of pending maintenance or repair activities to ensure compliance with the approved plan. The public works director may require that an appropriate bond or security be maintained with the.city to ensure restoration of disturbed areas. (Ord. No. 91-105, § 4(80.37), 8-20-91) Secs. 22-1249--22-1265. Reserved. DIVISION 3. GENERAL SITE DESIGN REQUIREMENTS* 'Crnss reference(s)—Building and building regulations, ch. 5; environmental protection, ch. 18; environmental policy, § 18-26 et seq.; development, § 19-26 et seq.; subdivisions, ch. 20; design criteria for subdivision improvements, § 20-151 et seq.; drainage program, § 21-26 et seq.; site plan review, § 22-361 et seq.; district regulations, § 22-571 et seq.; supplementary district regulations, § 22-946 et seq.; landscaping, § 22-1561 et seq. � Sec. 22-1266. Responsibility of applicant. The applicant shall locate all improvements on subject property to minimize adverse impacts in steep slopes, wells, streams, regulated lakes and regulated wetlands. (Ord. No. 90-43, § 2(80.60(1)), 2-27-90; Ord. No. 91-105, § 4(80.60(1)), 8-20-91; Ord. No. 91-123, § 3(80.60(1)), 12-17- 91) Sec. 22-1267. Physical barriers. The applicant shall install a berm, curb or other physical barrier during construction and, if necessary, following completion of development of the subject property, to prevent direct runoff and erosion from any disturbed area onto or into a steep slope, any area within 100 feet of a well head, a stream, a regulated lake or a regulated wetland. (Ord. No. 90-43, § 2(80.60(2)), 2-27-90; Ord. No. 91-105, § 4(80.60(2)), 8-20-91; Ord. No. 91-123, § 3(80.60(2)), 12-17- 91) Sec. 22-1268. Vehicle circulation areas. The applicant shall locate a11 parking and vehicle circulation areas as far as possible from any steep slope, well head, stream, regulated lake and regulated wetland. (Ord. No. 90-43, § 2(80.60(3)), 2-27-90; Ord. No. 91-105, § 4(80.60(3)), 8-20-91; Ord. No. 91-123, § 3(80.60(3)), 12-17- 91) � ��,�� 5� Federal Way City Code Article XIV. Environmentally Sensitive Areas ;,: Sec. 22-1269. Time limitation. The city may limit development activities which involve any land surface modification to specific months of the yeaz and to a maximum number of continuous days or hours in order to minimize adverse impacts. (Ord. No. 90-43, § 2(80.60(4)), 2-27-90; Ord. No. 91-105, § 4(80.60(4)), 8-20-91; Ord. No. 91-123, § 3(80.60(4)), 12-17- 91) Sec. 22-1270. Other requirements. The city may require other construction techniques, conditions and restrictions on development in order to minimize adverse impacts on steep slopes, wells, streams, regulated lakes or regulated wetlands. (Ord. No. 90-43.§ 2(80.60(5)), 2-27-90; Ord. No. 91-105, § 4(80.60(5)), 8-20-91; Ord. No. 91-123, § 3(80.60(5)), 12-17- 91) Secs. 22-1271--22-1285. Reserved. DIVISION 4. GEOLOGICALLY HAZARDOUS AREAS DEVELOPMENT {= Sec. 22-1286. Limitations. (a) This section regulates development activities and land surface modifications on or within 25 feet of a geologically hazardous area. (b) Development activities, land surface modifications or the installation and maintenance of landscaping normally associated with residential, commercial or pazk use may not occur on or within 25 feet of a geologically hazardous area unless no reasonable alternative exists and then only if the development activity or land surface modification will not lead to or create any increased slide, seismic or erosion hazard. (c) Before approving any development activity or land surface modification under this section, the city may require the applicant to submit the following information: (1) A soils report prepared by a qualified professional engineer licensed in the state which describes how the proposed development will impact each of the following on the subject property and nearby properties: a. Slope stability, landslide hazard and sloughing. b. � Seismic hazards. c. Groundwater. ,., �6� Federal Way City Code Article XIV. Environmentally Sensitive Areas (3) Seeps, springs and other surface waters. Existing vegetation. (2) Recommended foundation design and optimal location for roadways improvements. (4) � � Recommended methods for mitigating identified impacts and a description of how these mitigating measures may impact adjacent properties. Any other inforrr;ation the city determines is reasonably necessary to evaluate the proposaL (d) If the city approves any development activity or land surface modification under this section, it may, among other appropriate conditions, impose the following conditions of approval: (1) That the recommendations ofthe soils report be followed. (2) That the applicant pay for the services of a qualified professional engineer selected and retained by the city to review the soils report and other relevant information. (3) That a qualified professional engineer be present on site during all land surface modification activities. (4) That trees, shrubs and ground c�ver be retained except where necessary for approved development activities on the subject property. (5) That additional vegetation be planted in disturbed areas. (Ord. No. 90-43, § 2(80.65), 2-27-90; Ord. No. 90-79, § 3, 12-18-90; Ord. No. 91-105, § 4(80.65), 8-20-91; Ord. No. 91- 123, § 3(80.65), 12-17-91) Cross reference(s)—Land surface modifications, § 22-1091 et seq.; landscaping, § 22-1561 et seq. Secs. 22-1287--22-1305. Reserved. DIVISION 5. STREAMS ',_� Sec. 22-1306. Setbacks. (a) No land surface modification or improvements, may take place or be located in a stream or within the following setback areas except as allowed within this article: (1) The setback area for a major stream includes all areas within 100 feet outward from the top of each bank of a major stream. � l._J � �� Federal Way City Code Article XIV. Environmentally Sensitive Areas � (2) The setback area for a minor stream includes all areas within 50 feet outward from the top of each bank of a minor stream. (b) The setback areas established by this section do not apply to any segment of a stream that is presently within a culvert, unless that stream will be taken out of the culvert as part of development of the subject property. (Ord. No. 90-43, § 2(80.75), 2-27-90; Ord. No. 90-79, § 4, 12-18-90; Ord. No. 91-105, § 4(80.75), 8-20-91; Ord. No. 91- 123, § 3(80.75), 12-17-91) Cross reference(s)—Land surface modifications, § 22-1091 et seq.; water quality, § 22-1196 et seq.; landscaping, § 22-1561 et seq. Sec. 22-1307. Relocation. (a) Relocation of a stream on the subject property is pernutted subject to all of the conditions �� and restrictions of this section. (b) A proposal to relocate a stream will be reviewed and decided upon using process V in section 22-476 et seq. (c) As part of any request under this section, the applicant must submit a stream relocation plan, prepared by a qualified professional approved by the city, that shows the following: (1) The creation of a natural meander pattern. (2) The formation of gentle side slopes, at least two feet horizontally to one foot vertically, and the installation of erosion control features for stream side slopes. (3) The creation of a narrow subchannel, where feasible, against the south or west bank. (4) The utilization of natural materials, wherever possible. (5) The use of vegetation normally associated with streams, including primarily native riparian vegetation. (6) The creation of spawning and nesting areas, wherever appropriate. (7) The reestablishment of the fish population, wherever feasible. (8) The restoration of water flow characteristics compatible with fish habitat areas, wherever feasible. �- (9) The filling and revegetation of the prior channel. (10) A proposed phasing plan specifying time of year for all project phases. �g� Federal Way City Code Article XIV. Environmentally Sensitive Areas ��:�. . (d) The city will allow a stream to be relocated only if water quality, habitat and stormwater � j` retention capability of the streams will be significantly improved by the relocation. Convenience to the applicant in order to facilitate general site design may not be considered. (e) Prior to diverting water into the new channel, a qualified professional approved by the city shall inspect the new channel following its completion and issue a written report to the director of community development services stating that the cl�annel complies with the requirements of this section. ( fl The amount of flow and velocity of the stream may not be increased or decreased as the stream enters or leaves the subject property. (Ord. No. 90 § 2(80.80), 2 Ord. No. 91 § 4(80.80), 8 Ord. No. 91 § 3(80.80), 12 Sec. 22-13(1� Bulkheads. (a) A bulkhead may not be located in or along a stream except as established in this section. (b) A request for a bulkhead in or along the stream will be reviewed and decided upon using process III in section 22-386 et seq. (c) A request to locate a bulkhead in or along the stream will only be granted if the bulkhead is needed to prevent significant erosion and the use of vegetation will not sufficiently stabilize the � � bank to prevent this erosion. (d) The bulkhead, if permitted, must be designed to minimize the transmittal of water cunent to other properties. Changes in the horizontal or vertical configuration of the land in or around the stream must be kept to a minimum. (Ord. No. 90-43, § 2(80.85), 2-27-90; Ord. No. 91-105, § 4(80.85), 8-20-91; Ord. No. 91-123, § 3(80.85), 12-17-91; Ord. No. 97-291, § 3, 4-1-97) Cross reference(s)—Process III review procedure, § 22-386 et seq.; environmental policy, § 18-26 et seq. Sec. 22-1309. Culverts. (a) Culverts are pernutted in streams only if approved under this section. (b) The city will review and decide upon applications under this chapter using process III in section 22-386 et seq. (c) The city will allow a stream to be put in a culvert only if: (1) No significant habitat area will be destroyed; and (2) It is necessary for some reasonable use of the subject property. Convenience to the � :,� applicant in order to facilitate general site design will not be considered. The applicant �9� Federal Way City Code Article XIV. Environmentally Sensitive Areas must demonstrate, by submitting alternative site plans showing the stream in an open condition, that no other reasonable site design exists. (d) The culvert must be designed and installed to allow passage of fish inhabiting or using the stream. The culvert must be laxge enough to accommodate a 100-year storm. (e) The applicant shall, at all times, keep all culverts on the subject property free of debris and sediment so as to allow free passage of water and, if applicable, fish. The city shall require a bond under section 22-146 et seq. to ensure maintenance of the culvert approved under this section. (Ord. No. 90-43, § 2(80.90), 2-27-90; Ord. No. 91-105, § 4(80.90), 8-20-91; Ord. No. 91-123, § 3(80.90), 12-17-91; Ord. No. 97-291, § 3, 4-1-9�) Cross reference(s)—Bond procedure, § 22-146 et seq.; process III review procedure, § 22-386 et seq. Sec. 22-1310. Removal of streams from culverts. If development of the subject property requires approval through process I, II or III of this chapter, the city may require the stream to be taken out of the culvert and restored to a natural- like configuration as part of the city's approval of development of the subject property. (Ord. No. 90-43, § 2(80.95), 2-27-90; Ord. No. 91-105, § 4(80.95), 8-20-91; Ord. No. 91-123, § 3(80.95), 12-17-91) Sec. 22-1311. Rehabilitation. The director of community development services may permit or require thz an applicant to rehabilitate or maintain a stream by requiring the removal of detrimental materials such as debris, sentiment sediment and inappropriate vegetation ve��etation. Apnroval of stream rehabilitation shall be based on a review of a nlan containing, at a minimum, n analysis of existing conditions identification of the source of the degradation of the ��am or riparian zone, proposed corrective actions, performance standards. monitoring schedule and rading�lans as necessary. The director may require an applicant to retain_the services of a qualified professional in preparing the restoration plan. These actions may be permitted or required at any time that a condition detrimental to water quality, stabilit,�f stream banks, or habitat exists. Intrusions into re�.ulated steep slo�es and associated setbacks will be allowed for purposes of aQproved stream rehabilitation �rQjects. (Ord. No. 90-43, § 2(80.I00), 2-27-90; Ord. No. 91-lOS, § 4(80.100), 8-20-91; Ord. No. 91-123, § 3(80.100), 12-17-91) Sec. 22-1312. Intrusion into setbacks. (a) Essential public facilities and utilities. The director of community development �ervices may permit the placement of an essential public facility or utility in a setback from a stream if he or she determines that the line or improvement must traverse the setback area because no feasible alternative location e�sts based on an analysis of technology and system efficiency. The specific location and e�ctent of the intrusion into the setback area must constitute the minimum necessary encroachment to meet the requirements of the public facility or utility. � ip � Federal Way City Code Article XIV. Environmentally Sensitive Areas (b) Minor improvements Minor improvements such as footbridges crossing the stream, � � walkways and benches may be located within the setback area if approved through process I based on the following criteria: (1) It will not adversely affect water quality. (2) It will not destroy nor damage a significant habitat area. (3) It will not adversely affect drainage or stormwater retention capabilities. (4) It will not lend to unstable earth conditions nor create erosion hazards. (5) It will not be materially detrimental to any other property nor to the city as a whole, including the loss of significant open space or scenic vista. It is necessary to correct any one of the adverse conditions s�ecified in subsections (1 � through (5) of this section. (c) Other intrusions Other than as specified in subsections (a) and (b) of this section, the city may approve any request to locate an improvement or engage in land surface modification within stream setback areas only through process II, based on the following criteria: � (1) It will not adversely affect water quality. (2) It will not destroy nor damage a significant habitat area. (3) It will not adversely affect drainage or stormwater retention capabilities. (4) It will not lend to unstable earth conditions nor create erosion hazards. (5) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of significant open space or scenic vista. (6) It is necessary for reasonable development of the subject property. (Ord. No. 90-43, § 2(80.105), 2-27-90; Ord. No. 91-105, § 4(80.105), 8-20-91; Ord. No. 91-123, § 3(80.105), 12-17-91) Sec. 22-1313. Additional requirements for land surface modification. If any land surface modification is permitted within the stream or stream setback area, the applicant shall comply with the following additional requirements: �� 11 � Federal Way City Code Article XIV. Environmentally Sensitive Areas _ (1) All fill material used must be nondissolving and nondecomposing. The fill material must � not contain organic or inorganic material that would be detrimental to water quality or the existing habitat. (2) The applicant may deposit dredge spoils on the subject property only if part of an approved development on the subject property. (3) The applicant shall stabilize all areas left exposed after land surface modification with native vegetation normally associated with the stream or setback area. (Ord. No. 90-43, § 2(80.110), 2-27-90; Ord. No. 91-105, § 4(80.110), 8-20-91; Ord. No. 91-123, § 3(80.1I0), 12-17-91) Secs. 22-1314--22-1330. Reserved. DIVISION 6. REGULATED LAKES Sec. 22-1331. Conformance with division. No structure, improvement nor land surface modification may be constructed or take place within regulated lakes or within setback areas from regulated lakes except as allowed in this article. (Ord. No. 90-43, § 2(80.115), 2-27-90; Ord. No. 91-105, § 4(80.115), 8-20-91; Ord. No. 91-123, § 3(80.115), 12-17-91) Sec. 22-1332. Setback areas. All areas landward 25 feet in every direction from the ordinary high-water mark of a regulated lake is within the setback area from a regulated lake. (Ord. No. 90-43, § 2(80.120), 2-27-90; Ord. No. 91-105, § 4(80.120), 8-20-91; Ord. No. 91-123, § 3(80.120), 12-17-91) Sec. 22-1333. Activities and improvements waterward of the ordinary high-water mark. This section regulates structures, improvements and activities waterward of the ordinary high-water mark of regulated lakes. (1) Dredging and filling. Except as permitted in conjunction with activities regulated under process III and IV, sections 22-476 et seq. and 22-516 et seq., dredging and filling ' waterward of the ordinary high mark of a regulated lake is prohibited. (2) Structures and improvements. Except as permitted in conjunction with activities regulated under process III and IV, sections 22-476 et seq. and 22-516 et seq., the only structures or improvements that may be located waterward of the ordinary high-water mark of a regulated lake are moorage structures. The city will review and decide upon any proposal for a moorage structure waterward of the ordinary high-water mark using process I. The city may grant a request under this section if the moorage structure is accessory to a dwelling unit or public park on the subject property and no significant � 12 � Federal Way City Code Article XIV. Environmentally Sensitive Areas ''� habitat area will be damaged by its construction or use. A moorage structure, if � - permitted, may not extend waterward further than is reasonably necessary to function � properly, but in no event more than 200 feet waterward of the ordinary, high-water mark. Moorage structures may not be treated with creosote, oil base or other toxic substances. The top of the moorage structure may not be more than two feet above the ordinary high-water mark. (Ord. No. 90-43, § 2(80.125), 2-27-90; Ord. No. 91-105, § 4(80.125), 8-20-91; Ord. No. 91-123, § 3(80.125), 12-17-91) Sec. 22-1334. Activities and improvements within the required setback areas from regulated lakes. No structure, improvement nor land surface modification may be located or take place within the setback area from a regulated lake except as allowed in this section. (1) Landscaping and land surface modification. Except as otherwise specifically permitted in this section, the setback area from a regulated lake may not be covered with an impervious surface. Installation and maintenance of normal residential or park-like landscaping may take place within the required setback area, provided that no fertilizers, pesticides or other chemicals or substances are applied within the setback area that will degrade water quality or hasten eutrophication of the lake. Land surface modification beyond installation and maintenance of normal residential or park-like landscaping may only be permitted within the setback area if approved through process � � • I based on the following criteria: a. The proposed land surface modification is necessary for the reasonable use of the subject property. b. The land surface modification will not increase or decrease the size of the regulated lake. c. The land surface modification will not change the points where any water enters or leaves the subject property nor in any way change drainage patterns to or from adjacent properties. � d. The proposed land surface modification will not be detrimental to water quality or habitats in or around the lake. (2) Minor structures and improvements. Minor improvements such as walkways, benches, platforms for storage of small boats and small storage lockers for paddles, oars, life preservers and similar boating equipment may be located within the setback area if approved by the director of community - develonment services based on the following criteria: a. The minor improvement will not adversely affect water quality. � � �13� Federal Way City Code Article XIV. Environmentally Sensitive Areas b. The minor improvement will not destroy nor damage a significant habitat area. c. The minor improvement will not adversely affect drainage or stormwater retention capabilities. d. The minor improvement will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of significant open space or scenic vistas. (3) Essential public facilities and utilities. The director of community development services may permit the placement of an essential public. facility or utility in the setback area if he or she determines that the line or improvement must traverse the setback area because no feasible alternative location e�sts based on an analysis of technology and system efficiency. The specific location and extent of the intrusion into the setback area must constitute the minimum necessary encroachment to meet the requirements of the public facility or utility. (4) Other intrusions: � � a. Where the properties immediately abutting the subject property have dwelling units which extend into the setback area, the applicant may construct a dwelling unit on the subject property that extends into this setback area to the extent permitted in subsection b. of this section. b. Where subsection a. of this section applies, the dwelling unit on the subject property may be no closer to the ordinary high-water mark of the regulated lake than the average of the distance of the two dwelling units on the properties immediately abutting the subject property. If one of the properties immediately abutting the subject property does not contain a dwelling unit or the dwelling unit on that abutting property is more than 25 feet from the ordinary high-water mark of the regulated lake, the setback of the dwelling unit on that lot will be presumed to be 25 feet for the purposes of calculating the permissible location for the dwelling unit on the subject property under this section. (5) Revegetation. The applicant shall stabilize all areas left exposed after land surface modification with appropriate vegetation. (Ord. No. 90-43, § 2(80.130), 2-27-90; Ord. No. 90-79, § 5, 12-18-90; Ord. No. 91-105, § 4(80.130), 8-20-91; Ord. No. 91-123, § 3(80.130), 12-17-91) Sec. 22-1335. Rehabilitation. The director of community development services may permit or require the applicant to rehabilitate or maintain a regulated lake by requiring the removal of detrimental materials such as __ debris, sediment and inappropriate vegetation and by requiring the planting of native vegetation. � 14 � Federal Way City Code Article XIV. Environmentally Sensitive Areas These actions may be permitted or required at any time that a condition detrimental to water � � quality or habitat exists. (Ord. No. 90-43, § 2(80.135), 2-27-90; Ord No. 91-105, § 4(80.135), 8-20-91; Ord. No. 91-123, § 3(80.135), 12-17-91) Sec. 22-1336. Bulkheads. (a) General. A bulkhead is permitted within or adjacent to a regulated lake subject to the provisions of this section. � (b) Required permit. The city will review and decide upon an application under this section using process I. (c) Criteria. The city may permit a bulkhead to be constructed only if: (1) The bulkhead is needed to prevent significant erosion. (2) The use of vegetation will not sufficiently stabilize the shoreline to prevent the significant erosion. (d) Design features. A bulkhead may not be located between a regulated lake and a wetland. Changes in the horizontal or vertical configuration of the land must be kept to a minimum. The bulkhead must be designed to minimize the transmittal of wave energy to other properties. � (Ord. No. 90-43, § 2(80.140), 2-27-90; Ord. No. 91-105, § 4(80.140), 8-20-91; Ord. No. 91-123, § 3(80.140), 12-17-91) Cross reference(s)—Process I review criteria, § 22-386 et seq. Secs. 22-1337--22-1355. Reserved. DIVISION 7. REGULATED WETLANDS Sec. 22-1356. Determination of wetland and regulated wetland. (a) Generally. This section contains procedures and criteria for determining whether an area is defined as a regulated wetland under this chapter. (b) Evaluation. If the city determines that a wetland may exist on or within 100 feet the subject property, the director of community development services shall require the applicant to submit a wetland report prepared by a qualified professional approved by the city, that includes the following information. The director of community development es rvices sha11 use this information to determine if the area is a regulated wetland and, if so, the precise boundaries of that regulated wetland. (1) An evaluation of the area in question based on the definitions in this chapter of � � "regulated wetland." �15� Federal Way City Code Article XIV. Environmentally Sensitive Areas � � (2) An overview of the methodology used to conduct the study. (3) A description of the wetland, including a map identifying the edge of the wetland and plant communities and detailed description of the method used to identify the wetland edge. (4) The wetland classification (LJ.S. Fish and Wildlife Service "Classification of Wetlands and Deep Water Habitats in the U.S:"). (5) - A list of observed plant and wildlife species, using both scientific and common names, and a description of their relative abundance. (6) A list of potential plant or animal species based on signs or other observation. (7) An evaluation and assessment of the existing or potential functions and values of the wetland based on the following factors: surface water control; wildlife habitat; pollution and erosion control; groundwater exchange; open space and aesthetic contrast; and recreational, educational and cultural opportunities. � � (c) Drainage facilities. Surface water ponds, draina�e ditches. and other such facilities which were designed to impound or convev water for an en�ineered �ur�ose are not considered re�,ulated wetlands under this article provided thev meet all of the following criteria: � The draina e� f�y must have been intentionally human created. This is to differentiate from those wetland sites that are accidental consequences of develonment actions such as road construction or culvert placement. Such sites may be considered re ,�ulated wetlands b,y the director upon a review of the ecolo�ical functions and values of the site. �2,� The draina e facilitv must have been ori ig nallv constructed on uplands (,non-wetland areas�,. If the drainage facility is located within a strai ht�ened, channelized, or otherwise disturbed natural watercourse, it may be considered a regulated wetland bv the director upon review of the ecological functions and values of the site. � The facilitv must be actively operated for use as a surface water draina e facility.,. Abandoned draina�e facilities may be considered re,g;ulated wetlands by the director unon a review of the ecolo,gical functions and values of the site. � �4,� Wetland conditions have not exnanded beyond the ori i�,y constructed drainage facility boundary, . In such a case, the ex�anded area may be considered a regulated w�tland bv the director upon review of the ecological functions and values of the site. � The draina e facility was not designed or constructed as a reyuirement to mitigate nrevious wetland imnacts. �16� Federal Way City Code Article XIV. Environmentally Sensitive Areas � The director finds that limited ecoloeical functions and value do not warrant ��lication of the city's wetland re�lations. (Ord. No. 90-43, § 2(80.145), 2-27-90; Ord. No. 91-105, § 4(80.145), 8-20-91; Ord. No. 91-123, § 3(80.145), 12-17-91) Environmental policy, § 18-26 et seq. Sec. 22-1357. . VVetland classifications and standard buffer � Reeulated wetlands are classified into the following cate og" ries• �1,� �'ate�orv 1 wetlands are greater than 2,,500 square feet in area and meet one of the following criteria: �. Contain the �resence of snecies or documented habitat reco nized by state or federal a�encies as endan ered, threatened or �otentially extimated ln ant, fish animal s ecies; � � Contain the presence of plant associations of infrequent occunence, ineplaceable ecological functions_ or exceptional local significance including, but not limited to� �uarine svstems. peat bo�s, and fens; mature forested wetlandsLgroundwater exchange areas; significant habitat; or unique educational sites� c Have three or more wetland classes one of which i o�en water � Categorvll wetlands are �reater than 2,500 sauare feet in area, do not exhibit the characteristics of Category 1 wetlands and meet one of the following criteria� a. Are contiguous with water bodies or tributaries to water bodie which under normal circumstances contain or su��ort a fish �o ulation, including streams where flow is intermittent; �,. Are greater than one acre is size in its entirety; or �,,. Are less than or equal to one acre in size in its entirety and have two or more wetland classes_ with neither class dominated by non-native invasive species �3,� Categorv III wetlands are greater than 2,500 square feet in area and do not exhibit those characteristics of Cate�orv 1 or 2 wetlands. `' �� Standard buffer widths for regulated wetlands are established as follows� �I � � �17� Federal Way City Code Article XIV. Environmentally Sensitive Areas �� 1.� Categorv I wetlands shall have a standard buffer width of 200 feet. � Cate�ry, II wetlands shall have a standard buffer width of 100 feet. �3,� Cate�orv III wetlands shall have a standard buffer width of 50 feet for wetlands that are �reater than 10.000 square feet in area, and shall have a standard buffer width of 25 f�et for wetlands that are between 2,500 to 10,000 sauare feet in area. Sec. 22.1357.5. Modification of standard wetland buffer. � Bu�' er averaging. Buffers may be averaged onlv when the sensitive area to be buffered contains habitat tvpes which have been so �ermanently im�acted that reduced buffers do not pose a detriment to the existin o�r ex�ected habitat functions. The a�plicant must demonstrate to the satisfaction�of the director of community develonment services that the �roposed buffer averaging will meet the followin� criteria: � Reduced buffers will not affect the water aualit.y entering a wetland or stream; � Reduced buffers will not adversely affect significant habitat areas within a sensitive area or the buffer: � � � Reduced buffers wilt not result in unstable earth conditions nor create erosion hazards; and �4.� Reduced buffers will not be detrimental to any other public or �rivate properties, includin�.the loss of onen s�ace or scenic vistas. In no instances shall the buffer width be reduced to less than 50 percent of the re�uired standard buffer width. The total area contained within the buffer after avera in� shall be equal to the area required for standard buffer dimensions. �bl Reduction of standard wetland bu,�er width. The director of community develo�ment services may reduce the standard wetland buffer widths by u tn o 50 en rcent. but in no case less than 25 feet. on a case-by-case basis where one of the followin� conditions can be demonstrated: � Existin� conditions are such that the required standard buffer exists in a permanentl� altered state (e.�. roadways��aved parking lots, nermanent structures. etc.l which does not provide any buffer function, then the buffer can be reduced for that nortion where the intrusions are existing. � �2,� Except for cate,��orv I wetlands. existin,g conditions are such that the wetland has been permanently impacted b,y adjacent development activities, as evidenced by such thing� as �ersistent human alterations or the dominance of nonnative invasive s en cies• � lg � Federal Way City Code Article XIV. Environmentally Sensitive Areas �3,� A r'ect n n xi tin in 1 f mil 1 1 d ri r h inco r i n f he i � where im�osition of the standard buffer would preclude reasonable use of the lot, and thg�roject includes a buffer enhancement �lan using annropriate native veg�tation which clearlv substantiates that an enhanced buffer will im�rove the functional attributes of the buffer to nrovide for additional nrotection of wetland functions and values• The director shall have the authoritv to determine if buffer avera�g is warranted on the subject �roperty to obtain additional buffer area on other portions of the perimeter of the sensitive area• (cLu�f'er increases. The director shall rec�uire increased environmentally sensitive area buffer widths on a case bX case basis when the director determines that a larger buffer is necessarX �protect environmentally sensitive area functions, values, or hazards based on site s en cific s�nditions This determination shall be su�gorted by anDro�riate documentation showing that additional buffer width is reasonablv related to �rotection of environmentall,y sensitive area functions and values or protection of public health, safety, and welfare Such determination shall be attached as �ermit conditions The determination shall demonstrate that at lea t one of the f llowin� factors are met: �1,� There is habitat for state or federal listed s ecies present within the sensitive area � and/or its buffer and additional buffer is necessarv to maintain viable functional habitat• Q � There are conditions or features adjacent to the buffer such as steep slopes or erosion hazard areas. which over time may pose an additional threat to the viabilitv of the buffer and/or the sensitive area. In such circumstances. the city mav choose to impose those buffers, if anx associated with the condition or feature nosing the threat in addition to, or to a maximum. beyond the buffer required for the subject sensitive area. (Ord. No. 90-43, § 2(80.150), 2-27-90; Ord. No. 91-105, § 4(80.150), 8-20-91; Ord. No. 91-123, § 3(80.150), 12-17-91) Sec. 22-1358. Structures, improvements and tand surface modifications within regulated wetlands. (a) Generally. No land surface modification may take place and no structure or improvement may be located in a regulated wetland except as provided in this section. (b) Public park. The city may allow pedestrian access through a regulated wetland in conjunction with a public park. The access, if approved, must be designed to the maximum extent fe�sible to protect the wetland from any adverse effects or impacts of the access and to limit the access to the defined access area. (c) Rehabilitation. The director of community development services may permit or require � the applicant to rehabilitate and maintain a regulated wetland by removing detrimental material . :�_� �19� Federal Way City Code Article XIV. Environmentally Sensitive Areas ,� � such as debris and inappropriate vegetation and by requiring that native vegetation be planted. These actions may be required at any time that a condition detrimental to water quality or habitat exists. (d) Modification. Other than as specified in subsections (b) and (c) of this section, the city council may approve any request to locate an improvement or engage in land surface modification within a regulated wetland using process III. The specific location and extent of the intrusion into the regulated wetland must constitute the minimum necessary encroachment. Approval of a request for improvements or land surface modification within a regulated wetland through process III sha11 be based on the following criteria: (1) It will not adversely affect water quality. (2) If"will not destroy nor damage a significant habitat area. (3) It will not adversely affect drainage or stormwater retention capabilities. (4) It will not lead to unstable earth conditions nor create erosion hazards. (5) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of significant open space or scenic vista. (6) It will result in no net loss of wetland area, function or value. (7) The project is in the best interest of the public health, safety or welfare. (8) The applicant has demonstrated sufficient scientific expertise and supervisory capability to carry out the project. (9) The applicant is committed to monitoring the project and to make corrections if the project fails to meet projected goals. (e) Required information. As part of any request under this section, the applicant shall submit a report, prepared by a qualified professional approved by the city, that includes the following information: (1) Mitigation plan. A mitigation plan shall include the following elements: a. Environmental goals and objectives. b. Performance standards. Detailed construction plans. _2p� Federal Way City Code Article XIV. Environmentally Sensitive Areas d. Timing. Monitoring program for a minimum of five years. Contingency plan. g. Performance bonding in an amount of 120 percent of the costs of implementing each of the above elements. � (2) Mitigation. Mitigation of wetland impacts shall be restricted to on-site restoration, creation or enhancement of in-kind wetland type which results in no net loss of wetland area, function or value. Where feasible, mitigation measures shall be designed to improve the functions and values of the impacted wetland. (3) Minimum acreage replacement ratio. The following are minimum restoration, creation or enhancement ratios for various impacted wetland areas. The first number of the ratio specifies the acreage of wetland requiring replacement and the second specifies the acreage of wetlands impacted. a. For areas with documented habitat for endangered or threatened plant, fish, or animal species; natural heritage wetland sites; regionally rare wetland communities � with ineplaceable ecological functions; or wetlands of exceptional local significance the replacement ratio shall be a minimum of 6:1. b. For forested wetlands with at least 20 percent of the surFace area covered by woody vegetation greater than 20 feet in height the replacement ratio shall be a minimum of 3:1. c. For scrub-shrub wetlands with at least 30 percent of its surface covered by woody vegetation less than 20 feet in height as the uppermost strata the replacement ratio shall be 2:1. • d. For emergent wetlands with at least 30 percent of the surface area covered by erect, rooted, herbaceous vegetation as the uppermost vegetative strata the replacement ratio shall be 1.5:1. e. The replacement ratio for all other wetlands shall be 1.25:1. The above replacement ratios may be increased or decreased based on the following criteria: ,� b. Projected losses in function or value. a. Probable success of the proposed mitigation. � e. f. �21� Federal Way City Code Article XIV. Environmentally Sensitive Areas � � c. Findings of special studies coordinated with agencies with expertise which demonstrate that no net loss of wetland function or value is attained under an alternative ratio. d. In no case shall the minimum acreage replacement ratio be less than 1.25:1. (4) Timing. All required wetland mitigation improvements, except monitoring, shall be completed and accepted by the director of community development �ervices prior to beginning activities that will disturb regulated wetlands, and shall be timed to reduce impacts to existing plants and animals. � � (5) Inspections. The applicant shall pay for services of a qualified professional selected and retained by the city to review the wetland mitigation report and other relevant iii�'ormation, conduct periodic inspections, issue a written report to the director of community development services stating that the project complies with requirements of the mitigation plan, and to conduct and report to the director on the status of the monitoring program. (Ord. No. 90-43, § 2(80.155), 2-27-90; Ord. No. 90-79, § 6, 12-18-90; Ord. No. 91-105, § 4(80.155), 8-20-91; Ord. No. 91-123, § 3(80.155), 12-17-91) Sec. 22-1359. Structures, improvements and land surface modification within the setback areas from regulated wetlands. (a) Generally. Except as allowed in this section, no land surface modification may take place and no structure or improvement may be located within the setback area from a regulated wetland. (b) Essential public facilities and utility. The director of community development services may permit the placement of an essential public facility or utility in a setback area from a regulated wetland if he or she determines that the line or improvement must traverse the setback area because no feasible or alternative location exists based on an analysis of technology and system efficiency. The specific location and extent of the intrusion into the setback area must constitute the minimum necessary encroachment to meet the requirements of the public facility or utility. (c) Minor improvements. Minor improvements such as footbridges, walkways and benches may be located within the setback area from a regulated wetland if approved through process I based on the following criteria: (1) It will not adversely affect water quality. (2) It will not destroy nor damage a significant habitat area. (3) It will not adversely affect drainage or stormwater retention capabilities. (4) It will not lead to unstable earth conditions nor create erosion hazards. �22� Federal Way City Code Article XIV. Environmentally Sensitive Areas (5) It will not be materiall detrimental to an other ro ert in the area of the sub'ect � >� Y Y P P Y J property nor to the city as a whole, including the loss of significant open space or scenic vista. (d) Modification. Other than as specified in subsections (b) and (c) of this section, the city may approve any request to locate an improvement or engage in land surface modification within the setback area from a regulated wetland through process II, based on the following criteria: (1) It will not adversely affect water quality. (2) It will not destroy nor damage a significant habitat area. (3) It will not adversely affect drainage or stormwater retention capabilities. (4) It will not lead to unstable earth conditions nor create erosion hazards. (5) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of significant open space or scenic vista. (6) It is necessary for reasonable development of the subject property. � � (e) Revegetation. The applicant shall stabilize all areas left exposed after land surface modification with native vegetation normally associated with the setback area. (Ord. No. 90-43, § 2(80.160), 2-27-90; Ord. No. 90-79, § 7, 12-18-90; Ord. No. 91-105, § 4(80.160), 8-20-91; Ord. No. 91-123, § 3(80.160), 12-17-91) Secs. 22-1360--22-1368. Reserved. DIVISION 8. REGULATED WELL HEADS Sec. 22-1369. Criteria. Any well constructed after March 1, 1990, must comply with the siting criteria of WAC ch. 173-160. Any improvement or use on the subject property erected or engaged in after March 1, 1990, must comply with the requirements in WAC ch. 173-160 regarding separation of wells from sources of pollution. , (Ord. No. 90-43, § 2(80.70), 2-27-90) Secs. 22-1370--22-1375. Reserved. � . � I:\DOCUMEN71I998�7ANESA.WPD / - �23� 3 Staff Report 08/21/97 [o�sS OH %2i/%Z] � � ZO=ZT I2i3 L6/ZZ/80 CtTY 4F FEDERAL WAY DATE APPLICANT PROPOSED ACTION STAFF REPRESENTATIVE STAFF RECOMMENDAT{ON 1. lNTRODUCTION Planning Commission August 2i, 1997 City of Federa) Way Code Updates to Chapter 22� Article XIV of Federai Way City �ode (Environmentally Sensitive Areas} Don Largen. AICP Planning Consultarit McConnelllBurke, (nc. Staff recommends that the Planning Commission use the anatysis and recommendations contained in thts report as basis upon which to develop a recommendation of proposed amendments and updates to the Environmentally Sensitive Areas portion of the City's code for City Council consideration, Amendments and updates to the Environmentally Sensitive Areas portion of the City code have been identi�ed by the Planning Commission for review during its 1997 work program. Specifically� these items include: �. A wetland class�cation system + A review of techniques for ffexible sensitive area buffers �. A review of stream definitions relative to artificial watercours�s � A general review of existing sensitive area code with rESpect to the City's code updates relative to regulatory reform, and recent changes in State and Federal regulations and guidelines. II. BACKGROUND tn December 1991 the City adopted environmentalty sensitive areas regulations � pursuant to the requirements of the Growth Management Act. Among other things the ZO 'd 65 : I i I�� 1.6-ZZ-�(ld [O�SS OH Y2i/YZ] ZO=ZT I2i3 L6/ZZ/80 � regulattons define what the different typES of sensitive areas are (e.g. wetlands, st�ep slopes) and establishes a fixed buffer width for each type. Buffers a�e the primary tool used to controi development activities invoiving sensitive areas. City staff identified two s�ts of code deficiencies for Councii consideration in 1993. The first has to do with the use of a singls buffer width for all wetlands. Th(s approach does not altow for differences in intensity of developrnent. or variations in wetland types. The second deficiency ties in how streams are defined. t;urrently, some artificial watercourses get regulated based on the definition of stream, which was not the intent of the original reguiations. In January_1995 City staff outfined three attematives for four specific items in the sensitive areas code and identified a preferred attemative for each. Thls outline is provided as Attachment 'A' for your review at the end of this report. Our current effort builds on the work previously by City staff. We have.provided a discussion of the issues and altematives prepared by staff. Where appropriate we have added/altered these recommendatiohs. III_ 1SSUE IDENTIFICATION AND ANALYSIS � Sensitive areas regulations are intended to protect those elements of the environment � that provide important ecological and aesthetic functions or those #hat if dfsturbed cou(d pose a threat to public safety and welfare. (n a significantty deveioped urban setting such as Federal Way this can be a chatfenge. !t is important that regulations be flexible enough to recognize the targely built nature of the community whfle providing meaningful p�otection af the community's environmental resources. For a sensitive area �egulation to be effective for a particular community there needs to be appropriate definitions of what it is that is being protected. A definition that is too broad can have the unintended consequence of regu[ating projects that do not have a critical environmental component. This appears to be the case with the existing definition o# streams� which is dtscussed tater. An effective sensitive area regulation wi(I also anticipate qualitative differences in the speeific environmental features to be protected and in the nature of development projects. This is why a majority of environmental regulations utilize classification systems in conjunction with a specifle regulatory toot (e.g. buffers) where a higher ctass of sensitive arEa will require a higher level of protection. Many such regulatory approaches wil! include a mechanism that aUows for ihe consideration of different types and intensity of development. Buffers are one of the most commonly used regulatory tools in protecting sensitive areas and are also one of the easiest to administer. A buffer is not just simply a measured setback dtstance. Buffers necessarily include retention of the vegetatlon� � 2 ' �� er. � T r rv� i a_��_nnu [O�SS ON Y2i/YZ] ZO=ZT I2i3 L6/ZZ/80 � landforms, and other natural features within the buffer area. ln many cases these features may require enhancement in order for the buffer to be effective. The purpose of a buff�r is ta keep human aCtivities and thelr impacts out of the protected area to the extent possible. For wetlands the best scientifle evidence we have seen suggests that buffer widths of less than 50 feet are generally not particularly effeciive in mttigating agai�st human activities; although ln some llmited cases buffer area enhancement measures (e.g. denser plant materials) can alfow functional buffer widths of 25 feet. At the other end buffers in� excess of 300 feet provide only a marginai increase in effectiveness, sfnce most (90% - S5%) of pollutants� sediment, etc. are removed in the first 7 00 to 300 fset of buffer area, depending on type and intensfty of su�rounding fand uses, topography, and other factors. Besldes removing chemicals and pol(utants from the water and soil buffers are also intend�d tb function as a natural b8rrier to phystcal disturbances. tt is tempting to think that Iess Intense land uses have tess of an impact and therefore should b� required to have less of a buffer. In fact it is not t}1at straight farward. For example, a single famlly subdivision is Hkely to have a greater potential impact on a sensitive area than a similarly sized affice development This is due to activities such as durnping of yard wastes, applicatlon of pesticides and fertilizers, trampling of plants and stream banks. _ and predation by pets. Pets are particularly t�oublesome for wildlife habitat. Dense � buffers can significant{y reciuce impacts from such physicaf dtsturbances. A. WETLAND CLASSIFICATION SYSTEM The City's existtng wettand regulations define what constitutes a wetland and then sets a standard 100 foot wide buffer requil'�ment for all wetland types. This is a rather blunt toot since there is no real constderation of the quaiitative differences between wetlands or types of development. 1n some case� this can mean burdensome protective measures for minor projects next to marginat wetlands and not enough proteciion for high quality wetlands in other cases. A wetland classification system provides a means to more effectively match the (evef of protection to the type and quality of wetland invotved. Pages A-1 and A-2 of Attachment 'A' provides three altemative classification systems identified by City staff. � � Classification syst�ms us�d in this state typicalfy deflne three or four classes of wet(ands. How each ciass is defined is Important. The defintt(ons should reflect the range of local wetland conditiohs, h�ve a clear distin�tion between classes, and be 6road enough so that it includes alt the wetland types to be regulated. Definitions generatly describe particular attributes associated with the wetland elass being defined and witl often have a size component. However, over-reliance on the size of a wetland (i.e, giving greater protection based predominantly on greater area) can result in inadequate protection for smaller, high quality wetlands. Each class of wetland is then assigned a required protective buffer width. The higher � the quafiiy or function of the class of wetland the wide� the required buffer. Buffers 3 tio •a oo:zt t�� Ls-zz-�n� [O�SS OH Y2i/%Z7 ZO=Zi I2i3 L6/ZZ/80 used by Washington Counties and Cities range from 25 feet to 300 feet. The Department of Ecology (WSDOE) modet utilizes buffer widths that also take int� consideration the surrounding development by requiring a different buffer widths adjacent to low and high intensity land uses. � We have reviewed the Preferred Altemative '1 suggested by City staff in Attachment A and have compared it to the other two altematives shown and to other classificatfon systems we are famiiiar with. Ail wetlands are afforded some level of protection under Alternative 7 as is the case with the City's existing �egulations. Alternative 1 defines three classes of wetlands. ThE descriptions appear to be consistent �etith the range of wetland t�pes that may be found in Federal Way� atthough this is a rough assessment since there is only a partial inventory of wetlands availabte for the City. In particular, proposed Category 1(200 foot buffer) and Category 2{100 foot buffer) wetiands appear to include the targer and the higher quatity wetland areas that are presently known, and afford the same or higher protection as current City regulations. Category 3(50 foot buffer) wetlands are those that do not meet the definitfon of the other two. This also appears appropriate since ihis latter category of wetlands fs likely to be Isolated wetfands ihat inctude a wide range of circumstances relative to previous devetopment activity and locatized natural features. However, we suggest two substantive changes to the Alternative � recommendations. First, paragraph 'c' for Category 2 wetlands limits this level of protection for wetlands of less than one acre to those exhibiting three or more wetland ctasses, one of which wou(d be a forested cfass. We are concemed that this may not capture some smafler, quality wetlands. We are recommending that this portion of the classification be changed to eliminate the forested wetland class rec{uirement and make the number of cfasses two rather than three. Second. there is no rti(nimum size limit for regulated wetlands� which means that virtualty every wetland is r�gutated regardless of size or functional value. Various agencies that have pennitting authority over wetland areas, including the Army Corps of Engineers Department of Fish and Wifdlife Department of Ecology� Department of Natural Resources, all altow the alteration and/or fill of very small, functionally isolated wetlands that are of marginal environmental value. We recommend that Category 3 wettands have a minimum size established at 2,500 square feet. What this would mean is that: a} a11 Categary 1 wetlands would be regulated regardless of size, b) all Category 2 wetlands would be reguiated regardless of size, and c) Category 3 wetlands would be regulated if they are over 2�500 square feet in area. In effect. if a wetland is not a Category 1 or 2, and is less than 2,500 square feet, then it would not be regulated. RECOMMENDATION: �n •a � � Adopt the wetland classlflcation system Alternative 7 proposed by City staif shown In Attachment 'A' of this report. wtth tha following changes; � 4 t n� � r 1 u.� � F-��-�1nH [0$SS OH %2I/%Z] ZO=ZT I2i3 L6/ZZ/80 � 1) 2) 3) Add the word "or" to the end of paragraph 'a.' tn the Category 1 and 2 descriptions. Change paragraph 'b.' In Category 1 from "..., bogs, (i.e. peat (and) fens. ..." to read "__., peat bogs and fens, ...", Change paragraph 'c.' in Category 2 trom "..., and having three or more wetiand classes, which have a forested wetland class" to '..,, and having two or more wetland classes.' 4) Change Category 3 from "a, do noi contain features outllned in categories i or 2.' to 'a. do not exhibtt those characteristics outiinod in categories 1 and 2; and b. are greater than 2,500 square feet in are8." � � B. FLEXIBLE SENSITIVE AREAS BUFFERS A wetiand system bases protective measures (i.e. buffer widths) on the class of wetland being protected, However. this approach by itseff does not take into consideration differing localized conditions, such as topography or the type of surrounding land uses. The impacts from a particular project may not be eveniy distributed, as in the placement of structures on the site, or may have a directional component such as prevailing drainage pattems. In these types of situations it may be appropriate to alter the basic buffer requirement. Two approaches are suggested by City staff. One is buffer averaging and the other is criteria for increasing the basic buffer width. Buffer averaging maintains the same totai required buffer area , but allows reductions in buffer width at specific points surrounding the sensitive area in question. The idea is that the buffer may be adjusted to extend protection to that part� of the site most sensitive and allow for a reduetion where the immediate project impacts are less. This introduces flexibility and can aceommodate differences in site specific circumstances. Page A-3 of Attachment 'A' shows three alternatives tor buffer averaging. There may be situations where an increased buffer over the basic requirement is necessary to offset the Imp�cts of development. A number of communities provide a responsible official (e.g. planning dirsctor} with the ability to require wider buffers if thE project and/or sensitive area meet a set list of criteria. These criteria are generally stated in terms of the inabifity of a standard buffer to adequately protect some feature of the local environment. Page A-4 of Attachment 'A' shows three altematives for increasing buffer widths on a case by case basis. Altemative 2 for both buffer averaging and increasing buffers does not supply specific enough review criteria and does not require a demonstration that the standard buffer would be inadequate. Rather, the sole criteria seems to be proximity to a sensitive area. This could be viewed as giving to much discretion to an administrative process. � 90 '�{ I 0: Z i i N�I 1.6-Z7,-�(ld [O�SS OH %2I/%Z] ZO=ZT I�13 L6/ZZ/80 Altemative 3 on pages A-3 and A-4 appears to utilize criteria that wouid be appropriate for less developed communities and counties. !t employs references to specific types of � habitats and tocat conditions that may not apply in Federal Way, Altemative 1 on pages A-3 and A-4 have been drafted in terms that appear to be more specific to Federal Way and that provide more specific direction and criteria as to when and how these two provisions are used. RECOMMENDATION: Adopt Altemative 1 for sensitive area buffer averaging and Alternative 1 for additional sensitive area buffel's as presetlted on pages A-3 and A-4 of Attachment'A' of this report. C. STREAM DEFlNITION The issue here is that the current detinition of �tream does not provide a c{ear distinction between natural[y occurring watercourses tinc(uding those that may have been altered) and those constructed for purposes of drainage and storm water control. This may have the unintended consequence of requiring buffers for conveyances that are not actually associated with a sensitive area. The existing definition is provided befow: Existin� Definitions • � Stream shall mean a course or route. formed by nature. including those modifieci by +uan, �nJ gcnerally consisting of a channel with a bed, banks or sidcs throughout � subscantinliy all its Iengch. aloag which surface waurs rtaturally and normaUy flow in draining from hightr co lower elevations. Major streatn sl�ell mcan any seteem, and the uibutarics lo any suetun. which contnins or �uppor[s, or undec normal circumstancas contains or supports a local or migrntory fish popula�ion. Setblck I00 ftct Minor stream shalt masn any stceam that does nat mut thc definition of major stream. Setback: 50 feet Pages A-5 and A-6 of Attachment'A' provides four altemative sets of stream definitian�. Atl four altematives provide a distinetion between a�tificial watercourses used purely for drainage�rrigation and natural watercourses. All four maintain the existing setback distances for major and minor streams. Altemative 3 adds a third category of stream that is specific to artificial watercourses. Altemative 4 provides a rather exhaustive de�nition of stream that may not be strictly necessary if the issue is simply to distinguish between types of watercourses. Altematives 2 and 3 include language that seems to provide the ability to define certain drainage courses as 'streams' if at some future date hydrological analysis predicts formation of a permanent channel. However, there is no guidance provided as to who � 0 � n�,t �n � � t 1�l .1 I R-77-�1f1H [O�SS OH %2i/%Sl ZO=ZT I2L3 16/ZZ/80 � would make this determination or under what circumstances such a determination would be trlggered, Altemative 1 appears to be the. most stralght forward in terms of striking a balance between what constitutes a'stream'v�rsus an'artificial watercourse'. However, it is still somewhat ambiguous regarding reguiated streams that have portions of their channets in cu(vsrts. To address this we have provided a modified version of Alternative 1 for our recommendation, R�COMMENDATION; Update the City's defioition of stream to read as follows: � � Siream sha)1 mean a coursc or route, fornted by nalvre, including lhwe �hich have been �nodifiecl by man, and generally consisung u[ a channel with a banks or sidcs throughouc substxntialty all its length. tdong which surface wAter� nalurally and nonnally flow in draining from highcr to lower elevations. A sUcam need not rcmtain wAtet vcar mund. In a devcle>pin s� ettin�t sti'C2ms mav run �Qculveris nr are channeled in a concrtte roek er other ttttificial convevance sYStems. T7�is definitio�,is not mesnt to include irrigatic�n ditches canals. sttrface water runoff ftscilities or other ortifici�l wsterc unlcsc uscd bY a local or mi�,+r�tor�+ fish pooula[ion or w�s constru�d to convev sueams which existed prior to construction of �he wattrcourse, D. CONSISTENCY REVIEW WE have reviewed the City's environmentally sensitive areas regulations for consistency with other City codes and recent State amendments. As a result of this revfew we suggest the following updates. � RECOMMENDATION: Modify the following code sections; 1) Chapte� 22� Article 1, Definitlons - Regulsted Wetland. Update the definition as shown below: Regulated wetlands shall mean those areas that are Inundated or saturated by surface or groundwater at a frequency and duration sufficlent to support� and that under normal cir�cumstances do support. a prevalence of vegetation typically adapied to for life in saturated soil conditions. Wetlands generally include swamps, marshes� bogs, and similar areas, with the exception of the following areas shown in the King County Wetlartds Inventory Notebook, Volume 3 South: (1) Lower Puget Sound Beach; (2) Lower Puget Sound 1 and 51; and 7 : � .� zo : z i 1�� Ls-zz-�n� [O�SB OH %2i/YZ] ZO � Zi I2Id L6/SZ/80 (3) Areas ciefined as a regulated iake. Methodology in the � �dentitpi Ma s o l�lfettands identifiicatien and np�t.,eg+:.,� Manuat (Deo .+* of Ecoloav eublication #96-94) as stinulated in WAG � 7 22 8�0 wiH be used for regulatory delineations of wetlands within the City, Although a sRe specific weUand may not meet the criteria described above. it will be conskiered a regulated wetfand if it -- is functionally related to another wetiand that meets the criteria. 2) The following sections of Chapter 22, Article XiV cor�ai� references to the review processes in ptace prior to the regulatory reto�m updates recently approved by Council. These sections should be updated to reflect the current review process framework, Section 22-1241 Section 22-1244 Sectlon 22-1307 through Section 22-10 Sectfon 22-1372 Section 22-1333 Sedion 22-�358 V. CONCLUSION The above recommendations should provlde a better balance between the protection of the City's environmentat resources and the continued development and redevelopment of the City The addition of a wet(and classification system, the ability to use fiexible buffer and setback requiremenfs, and updated defirtitlons should result in mar� �ff��tive and predictable environmental regulations. Environmental regulatory tools shoutd be rev(ewed periodicalty to ensure they are providing effective protective measures and are responsive to changes in the City's development context. 8 �....�1 � � Fn '� �n � �r r�.� i F-��-�nH [O�SS OH Y2i/YZ] ZO=ZT I2L3 L6/ZZ/80 �.__..� A'!z'nc�m.ts,vr A 1995 CiTY STa� Ovrr.�tE WETLAND CLASSIFICATION SYSIBNIS � i�_.�i Preferred Altcrnattvc 1 Alternative Z{King Counry A1teTnative 3(WSDOE mocic) (Fedzral Wa �fr ro sal 1995) sensi6ve arc� adinance �vctlands rotecdon ordinancc Calegory 1 a Pnan+ce of speeia ac doevmenoed i ppesenoe o( spxiu �co�nizcd bY a. documnnt�d l�abieat for endangerW wcd:u�ds hubimt recoymized by state or federal the fedenl go�rmmr�c or SI�� of or thrcatened plant, fut� or nnim;d asencies a�r oKlangened, thrcatened or Wnshiny�on u cndangered, or speetes oc for pooeiui�lly uti�anul po�eulially aclimnte� plant. fis� or threatened. or eAc pmsence of aitieal or ptau s�ccics acorniud by staic or ailma[ apeeia•.PL outstnnd'ing pota�ti�l habttat for Il�e federnl agencies: species; b. pccscncc of pla�u as:ocincion� of b. hirh quality norive ttgulatcxl infralua�t occuirenec, ic�)aceable b. fpI[� �p i]}�r �L O�l.'ii NM�G! Iq WCtIIIIId communitia, inelnding ecological funcdwu. o� p�ccpttonal dupe�«l patclxa with two or mom Jocurnc�tcd category 1 or 1t qualiry locnt sfgnit�cance Inclndiag bne �wc clssacs of vegcaliop; Namrat Ileritnrc werland sfrcs ond sires timlrecl tu eatuurine sysocros, fiogs,-ti.a which quallfy ns n categ�xy 1 or II �+en�acy ncae 6oes nnd Eau� m�eurc e. equal w uc �eaaer tlian t�n ac[�s in qwJi►y Narvral F�cri[age wcdmul; f�ma-ta! rvctlands. groundwnter sizc and lwvltt� ilmee ur mure wutand ezchauga na:as, slgr►iticane Aabica[ or ela�sea, onc of whieb Is open water; or, c, hiPh yunllty� tigion.�lly ra� unk�uc cdundonal siter, or, rcgalated wctlMd cumcnanitics witb d. the p[esawe ofplant assoclatioas o( �rr�lac�bia eoologicnl fvncdons, c. ha�ing [hrce or more wulnnd classes le[ra�uent ocemra►cc;neludjng but not inclad;ng sphagnum bogs ana tcns, one oF which is opa►.w.uer. Iimitod co est�ain� eyscems and bogs, escuarin� o�ecl�nds, or �na�ure fo,eskd swamps; or, d, exceptional locnt tignificanee . [-N07B; lx:il agcncy noalc oo dcvelop loca! aignificance critcria (i.a rnriry, groundwater sechargc amat, signific�nt habi[nu, unlqua eclueational sltes, tte.)) �bu[rc:r �""'� fect �� 115 feet ��high intcnsiry 3W fea r �� low intensi ?AO fcct Cute�+ory 2 a rnnciyuous with water bodies or a. p,teater than onc scre in siu in tts a, documemrd twbtraca for sensitive � cribararics ro watcr bodia which undcr catitery; plan�, Fsh or :wlnwl rpacics rccogniud nonnnl circumstnnccs conttin or by fcckra! or state ngcnoies: ru�urt n fizh Polxilatiort, itscluclinp b. las than ocequn2 to one scre in slze ahramx whue AoW is intetmtttcnt; q; in iu entire.fy and }wvin�g �hrae or marc b. negionally rarc wctland �rommunitIu wedLnd daues: wich implacxvhlc neologieal Naetions, b. grcarcr than one aus iu cizc in Its inclutting sphubmum b�gs and fW1s, enciret7: ur, c. Iess than orequnl eo one aerc in siu estuarinc wct►yids, or inutwc fore.cted in its ennrery �11d iwvinp a foreseed swumps. whEch are not hi�h yuHliry: c. lexs than or eqnallo une aae fn als.e wetlanJ clou: or. . in ics �h�iirriy nnd having there1Yrg or a signtticant func�ium which may noi mnrc wc11a�� clncsu-WMeAfiave e d. havc preseat hemn nxrkvies nr be Adequately rcplia�rtd thruugh Iura:tectweNunJ�clesC. l�plp! nesting trces_ trearion oi resturntion, Ruch as ' signi5cnnt pcal systrmr, fornstcd swampt (exctuding monotypic c�nnda of rcd alder), nnc! significnnt apring fed syscems; d. signibcanc Aabia� vnlue buc.�t on diveairy and size; e_ conciguovs with fi�h bcaring waccrs, including �tccartu wAcre flow is intctnuttent; or, f. cignific:uu use by Fish auJ wilJlifa ..._..._._._----- ...........__._....__....____.._ ..............._.....__ _................_Y._...___..........»_.....__.____• --......__._... _...__.._.. bufCar ]00 fcu 6S fut hi h intensit 200 feec low intcnsit 100 fcct A-1 0I 'd £0 : Z t I �� L6-ZZ-�fld [O�SS O1�I %2i/g1] ZO=ZT I2L3 16/ZZ/80 A"1'!'AC:HM�NT A 1995 � STA� Ov1Z.�rE WETT-AND CI.ASSIFICATION SYSTFMS (CONT.) Prclerrcd Altcrnative 1(Fcde[al Altcrnstive 2(King Councy AIternative 3(WSDOE modcl W� staff ro cal 1995 sen�itive ar� ordiaance wctlands rota:tiun onJinance) C:►LCgory 3 a. Je not � pnra�n�� µ�� a, )q� �� o � �� in aIu n. Je not connin fcalures uutllnccl in wetlnaJx +�h"a"---�---��r'Sn—rs-. outlined in c�oegohes 1 in its ent(cety �ad hating two ar fcwer catcgaics 1, 2 vc 4. or 2:� wdlamt dnues. b. nre er�eatcr d�an 2_S00 snn�m teet in n�a . _ buffcr �� r � 50 feet � �' 40 fect �� high in[cnsity ]00 fcc;t �� low inte».tit SO fcct Catc:gory 4 Nonc None a. isulued wcrtand chat is Icss �han or wetlands �va! co one o� i�:� tn;u enm�y. � hsvc only one �rctlw�d elass, and lmve only onc domitanl planc SpeCiCt Gnonotypic regetaHon); or, b. isofated wcHand that is k�s thnn or cqaal to two acc�c in si�.c in Its r.�►Ilrety- havc onty one wetl�nd cLz�s, and a . prcdomin�rta olexatic apoc;cs, buffec •.�"_.__..._. n/a �_____......_-- � ..,... ......_____._ 50 feet A-2 � � � T 1�,► bt1: 7. T 1 N� 1 R-7.7.—�nH � �� to�ss ou niigz� zo=zT ix� L6/ZZ/80 A t 1 At..['LViL(V 1 A 1995 CiTY ST� Our�� SENSTTIVH ARfiA BUFFER AVERAGING t'refcrred Alternatire 1 Alternative 2 Alternati�c 3 (F�'drral Way scnsittve iueo intcusion (modifed King County sensitive uras (moclified WSDOB rouJel wedanAs (xuvisiuns supplementcd with WSUOE o�n��p ptpce�etion ordinance): nwdcl wcrl�nJs ptotcction orcJinance): Scnsilive att� bnlTcra may hc mod'ified by The di�ctor may appcove buffrr averag�ng in !. thot avGAgl�1g iS tlCacssurr b A�OId d(1 nverage Duff�r wiJU�s only whcre the �nita�,ces wficrc tbe exisdag or a� eatraordinary hudship oo thc appllcant nhplicant dcmnnclntes (hat the exiating or buPfa w�l providc addidoaai rawuroe pnsed by circnmstances pp�vliar to thc enhaneeJ bnQcr meca aI! of rhe following: �protcctioa proridod d�ac the total atea P�opc�ty; connincd ia tlu buffu mmins thc sune. !. ic will not :ulrcn�ty affec� waMr qualicy; 2, ihat the cn�ronmcndily ssr;sidvc ar+q eonta�ns variations In sensitivity dne eo 2, it wJll aut de�Iroy nur dunage a significaaL existing physleal ehnraelecistiu; hah�tat aT�: 3. chst low lt�wuiry land uccx woulJ be 3. it will nut adversely sffccc drainage ot located adjacent W unas unc�re bufliet sWrni watc� tetrutiun rApabilitics: wiJ[h is �duad, uxl thnt such low lntensity larut ascs are gunrantccxl in 4. i� wiil nut Icnd to unctablc tarth conJiGunc pc.�puuiry by covcnant, dced restric,Kioa nor ttiatc crosion haznrcts; easement, ot oUur le�l�y binding mcchanism; S. it will not bc n�teriatly dctrimcntal to �ny othcr pmperty oor to tl�e dty ac a wholc. 4. that wiJth avcraging will nut advcrsdy incluJing the loss ot signiTican[ r�pea space impaec environmcntally scnsiuve arca oi 9CCR1� vi�ln; funcGOnal values, pubiic ha,lch, sateqr anJ welfiue. or cc�►te aJJidonal haaorda: 6. thc cm�irnnmcataliy xcnsiljve aren and, �ronrains ruriaoons in sensitiviry due to existing pliysicnl d�nneca:ristics; - S. that the tota! aren rnotsincd within ihe buffe� attcr avenging is no tcss than lhat 7. it is nccc.aaary fo[ �c:►saublc dcvclopmcnt containcd withjn the c�vircd buffct p[lor �f tlu: subjcct propcny ot cunsiiwtes an to averaging. In no ina�tanue sha111 Duffet cxlnurJinary hardsliip to tAe ppp��cunt wiJth be rcduccd by Jnore tbao 5090 of causecl by einvtnrtanccs pcculinr W che tho reqaind buffer. pro�x:ny; 8• thc mr�l �res coiqaineJ within thc bufFcr aft�t avcragittg is no less dian tt►ac �wntaiqcJ witl�in �he requircd buffc[ prior to av�rabing: and, 9, in nu i�tstancc shnlf a butfcr wiJtlt bt nJured by rrn�cc �Aan SO pentint o( che rt�yuin:J DufFcr or rtenlc in a DuJfer of leu lllild..'.�.. A-3 7.I '�1 6�:7,I 1Na 1.f-7,7,-�fld [O�SS OH %2I/%Z] ZO=ZT I2L3 L6/ZZ/80 [i'1'YA(;HMfiN'1 A � 1995 C�rrY ST,� OvTT.nvE ADDITlONAL �1VIRONMENTpL,LY SENSITTVE AREA $(JIFER � Preferrcd Altcrnutive 1 Altcrnative 2 Altcrnative 3 emo�re,� wsc�c�s �i W<<t;,� cmoaic«t x� cowuy:cnsfnve ar� ��,oar,ed wsuc�E moa�� wc,ta,ut� protecdon orclinanse): ordinaqce): protcetion oMi�wtnx): The dircctor shall rcquirainccr��uexl Tbe d'utrtor sMil eoqnitt inaeosad bnfict '!lu dircctor sh�ll myuirs increased cnvironmenwlly sensitive u�n butfa wid�hs widths as neccssa c as �' � p�c� arvironmcnt�lly scnsitive a�a buffa widlhs oa a caec by ease bns;� y„b,x�, I�„ger buffer emironma�talty sp,sitive sra�s. Addivo� o� a case by ease basis wbcn a InrEer buffer 1s mocss.�ry ro peotect enviroament�qy buf�er widrhs shall be determincd bascd on n ir ncccssary w protecc cnvlronmenWly a�nsitivc arca funcdons. values or hamrds wdronmcntally totuidve anmi bave�! on locat eondidons.'t7ris Jencrnun,nun such fwn�s u; �a� �� x"S' °�A funai�ms, vatocs or hw�nlc s1w11 br ncd b a ro ate b�� lacaf oondi�ioas. Thi� dcc�t�inaaon �P� Y PP P� locadon of hazardoas matccIals, aiticai fish shtill be sappottcd bY appropriato doatu�cn�ation showing char aJJidonal buffcr and wildlife habia�. landslide, sasmic or docnmcntation xhowing [hai acldidon�t bufTcr width is n�so�mt,ly rclatrd m proceaion of crosIon ha�rd srcaa, go�ndwater ex change widd� is teasonably rciatcd to protocdon ef onvlronnu:nnlly aensitive atza fnnaions and accas, and tf�e Iacmtior, of tra7 � utility env�roamen�ally :uuicive an� funaivns and valua, or protenion of pnhlic hca�cA, safery cortjdors. �alurs. or protectiun of pubrc health, :afety axl wcif�e, Such dete�mm�atioa a6aI1 bo and wctfa�. Such de�erminlrion shall be attac!►�l as p�nic ooncG�ons. The ermi Jc�crmin.ulo� shail nut precludc rcasonable ��n� °S P�"'t ronditluns and shaA ttsc of thc ro dcmonsmatc that ut least onc of iltc foRuwias P P�Y �nd stwll �krcxmstracc thac ta�:cvrs ue rnee a� lcast onc of the foUowing facro[s are,ucG 1. e tar�Cr buffer is nrucssary co maintain 1. n Lugrr buffer Is qcpessary to mainmin viable popvlations of existing plant or viaDlc �wpuintions of cxisling plant or aniu�n] species; nnimal species, nr to �vcnt adverse impc►cts to tignifitnn[ ptant and animal 2�he scnsitive urea;s uacd by specles Au6iw1 arrns; proposcd to bt lista! by thc federal 2. ��riat larul u.ccs uc susaxptible to ��nt or U� stak u cndangeKd. uvcrc crusion, tandslidc or scismlc �'" �• s�+�u� or monItor, harnrd� and thc reyui�eJ buPfcr wiA pe� ccidcai or onrstanding potcnHal habitar offixtirrlr �nw�nt adverso impnets• - for those tpeeies or hac unusval ncsting ' or resr�ng sites such as hcron rookeries or 3, e�cFsdng wula�ul, stream orinkc buffen � tapWr nesdng troes; havc ruinirtul vcgctative euvcr or slopcs 3. [he adja�t land use ia iiuccpible [o greatCt ih� 15 pct+xnt, aotl cannot bt sevets erosion and qbsion conlroi enhana.�el to effecxively prevenc advctse mcasures wll not cffccdvely prevent intpocts; advctsc impactc; 4. dic rrqui�d bufFet wiil nut elFecti•�cly ' 4. Innd adjacent to wctlands. stn:ums o� pnevcnt aclvcr�c impaelx to watcr qualiry o[ lat:cs have minimal vcgct�tivc cvvcr or s�onnwat�x re�cntion ea�»bitic;es: or, alopes �c�ier �hnn � 5 perccn4 5. the required butCer would no� prcvau ln�psca whieh aro �n.u«;ntly deerimcn[al to oturr properties in fie arw or the eiry as a wholc. A-4 � � � £ i'd 50 : 7.I i N a I R-7.�—�nH � � o: � 0 N � Ls.. I�- O� 1 N N 1 C� � � � A�!!�u�T A 1995 Crr�t STn�F OtrrLw� S�An�t D��nvrnoN �� Prder�ed Alterna6ve I Alternative 2 AlteroaHve 3 Alternative4 (Fcdcral Way definidan supplemaued (altemative I suppkrtxn�ad with a (Feden! Way jdofinition euppJemented (Federal Way Surface \4ater with a poction of King Counry'i portion of King County's surlaa wa�ec with a portion of Kit�q Count��'s surEaa Managectunt Dirision pru��osal): seasib�r ateas ordieance sueam daign rtynual strcam de6nioon): water de.eign rosov�l st�taro detiniti�m defioition): and a4b1is6ing o new stream classificadon for utilicial water OOq�SeS�: $7'REIM DFF72�T170N �� sha11 mesn a cou:se or raut� ��trnm sball mean a ooniae or ronte, S�tream shali mesn a con:se or route, Strcam shd! mr�u� a chanae� which hxmed by oatnn, including �hose furmed by oatare, incJudiag those Eormod by aatu'te, including �iwae durfag a typiesl p�ecipim6on year whxeh tiav�e�n modi6ed by man, and which bave been �aadi8ed by man, and which hav�e baa modifiod by mar�, ind oorNains ei�her parnnial or reasonally generally amsist[ag of a chanrtd ai�h � generally co�sisdrig of s elmanel aith a `rnerally oonsisttns of a chennel wit6 a flowing wata o( notural origin. bed, 6ania ar �ides t6�ucghont be4 banl� or sides throu8houl hed. banb or stdes throug6out Seasonel flow is tlow nof dirccdy snbseaniially �II in la�gth, abng which substsntially all ia kngth, �lortg which :nbstantlally alt its lengoh, abng which attributaDlo to individual storm eti�encs. �uafase aaws nstueally �nd nocmaUy suifeoe waurs neturolly end n�xtaelly :artaoe w�tas no�ally and nasmally end ah9eh peesis[� for s misriroarn o!' llow la draini� from Idahv to lower Row in draining hom highe� to towa 11ow ln dtaining Gom hEglKr ta lower tk vueeb dnri� �ome time pf a typical ekvetiuro. A need a oontain eEtvadons. (�t�r.am nxd not 000tain elevatrpm. A slrearn need nart oonvdn p�edpitntiao yea�. Typic�lly n stream water vear �rovn�'Cbis definid4 is not wau� veac cound. Thjs de.finitiop,�a not wata �dfr round. Taeo�anbie feeaurs consi�tt .ot a Ixd, Iawer banks and msiwt ta 3arlvde irrinttion di�es. mr.�l to include ialAatian d9lches whi�h cesemble stnama bva_ cuaeadv ypper bankt �I�at include �mgetnion and �g�.,suiface water cu�otf faciiides or canals surfa� water �y�,poP fadiiteet or 6a�e no defirt� chanaels (i.a,�,waies) prorides 6sh ar�d wildlife hahitat, tn a Qthm aztiFi�aat �vate:oou:ses un7esa used ut{}cr utif�syd wataeoa:sea un a used ��,j be cons9ddod atreami when develupdag utting tt:t�ms may cun ia bv s tacal mj,�ramrv-fi�h noaulyti�ci or �g la�l ar miaratarv Hsh ooaulutian or rolo�jc and hy�u�� _ anaJvaa cufv�e�b oc are chanaeled In a uonr�te, w�oonstn�cled to eonvev itrrams was con.cRncied no convev suesnu that ercedict forrnatian of a f�ned nel. rock ar oU�er arrii'�ci� conveyence which �¢sced �Q,�}u co�tn�ctian of a�'s�r.S}_prior tu unnmu�iun of ttu ryctema. As ofthe date chis de6niciort is the watcroourse. g�teroourse. To{��phic feata:es aQopted, the upatream rmch of a svrarn which roswnbk serams hut cumnt{v rhnll end at Ute most apatra+m segment have no detined channds (i.a svvales) of open cRanne! llow. Tl�i.s deGaidon is shal] be conside� stres�ns when n�ot mesnt 10 ineh�de storm watnr hvdc�olo�ic ared hYS�Lasili��Y�t woveyanoe syst�u�u or wrfex waca prcd'�ci furnia6on of a deiined cha�el. �ratmeai sy:tems tbat ut duigood, ' oonshucted and mainta3ned �o ped'orm a wreer oonvryanoe, kcsl water quality ar water quality uontrol funr.tfon, unkss loeated in e sveam. Staa�m arrcer com.+cyanx syatuns may include �assod swalu. conttructod weda�ds, inhltradon facifiGe.�, �maioo and �oci'�meniatlon oontrol fxilities, dlt11M�E C}Iall11C�3 Ot dItC�ICS 8nd O��ll7 , �Q!$6 �1I�lCt111Cd tJld �ptUlf�lODO�S. A-5 0 � � � 0 z � � F N O N � � L� n � � N N \ � 0 � i D � Iv � �.. n v v i � � s ATTACEL1i�N'f A ! 995 Grnr ST� Ovn.it�B S�r[�►.� D�zor� (cor��.) A-eferred Alternative 1 Aiternative 2 Allernattve 3 All.ernaNve 4 (Fakral \yay dtfiniGoa suppkroenled (altvnabve !:uppkme�n�ed wich � �� w.y aor�uo�+ supplcmented (F�denl Way Surface \Vacer with a portion of King Counry's purtion oi King Counry's swface waiec with a portion ofjKing Count}�t snrface irlanageraew Division proposal): sensitive areas ordinan�e sheam desi� rtanuat s�azo defirdtion): water Qctign manua) meam definioon defcnition): and establishing a new sassm clacsificatiun f�r artifi�ial water councs): I��f3jOr Siie2Iri Major streun shall mun; Major stream shali m�an eay strca% A3+►Jer Clas� 1 Sfream shaU roean Msjor stre�m shall mean any �any sheam, md the tribvtarles to any and the tributaries to any she�un, whic6 say streattt, and t6e Mbutariea ta any streur� Iln! undet notmal xtrr.am, kfiieh cartcaias o� sapportt, or contains or svpports, or u»der narn►nl st:earR which eenta�rereuppe�rer eGtumslanoes em�tains a loeal ar anda aodmil cir�vmstanoes cwtaint o� circuroatanas 000Wins or sop�Otts a undu normal cirevmsta�wes coatairu or mi�atory fish populaaun fVartnai rapports bcal o� migc��acy 6sh local migatary Cuh papu[atloa . tuppom a laa! migra�ory Bsh drw�sdu�ces mem�a �os►didor�s of P�PaladoR:.� PoP�Iadon hydmlogy snd hrbilat whic6 auPR� fish popu]atiau if fuA aro poc+ent b. which ia dawnstns�n hom i natural Clarsificddon of eny s�eam sr,�ooeal aa ��made in�r�ceam obetructtan a ms�jor stream shall pacclnde which orevr�n�s bah from �3�ne aev clau�fication ofany dov�msaam fuc�5er w t6e strea�c�. s�gment of tb�i sues��m as a mdnor strsara. ---•.___.....__._setback �-____..._.. _I00 feet ."�"_.. _...___ I00 feet .N._ .�. !00 feel '""'__._ ...-�..�. !00 f x t ..M__. � ....._.... MinoT St[eatn httnor s�tr�eam shall mean sny sueam Minor ah�eam shall ml,an aay stream 1�4iner f lav t Strram shell roem say M1nor streua shall rtuan eny stream tAat doet eot mat pa:aer f�'■' of the dut does not meet tlie definition oC atteem drat does noi meel the definiCOn thst unQer nernia! ctneums�s do not def�aidon of ineja stream,�xr+d/o� )s major s�m. of inejer n�]g�,s l or cless 7 stream. eontain fish. Nonncl circunutaaoes }�tccam from an (n-sneam mleralorv mr�ns co�dtDan af hydroiogy and obstntc6on. lmbiUtl which suppUR fish popakdans if flsh u+e ptr,xnG Class(fica6cm of any etream segment as a majors4^cam dmll poccinde clar�i8r�atia� of ar�y xgmart of Umt strearn as a rninvt sLrr.am. ---•---__._..__.-setback ' --•.._..._..._.,._- ' S0 feet ---_..._.__..._.. ._----•--..._..._- 50 feet ..�...__..._.._..._ __..�_...---___ 50 feet ....__._...._..._ -•-------�-- SO feet `.___.__.----- �ther �lasa } atreun ahall mean an irri�on ditchrs cana[s. storm vtmr cunJo'(�C cvioes er Qilxrudficial w�¢oauses un �qsed bv locel or mi�torv Rah pspu[�tion or tQ,9on��ex f�mt WhiCh exifted nrior lU ' � ��►strntition of the watercourse. ...---------• serbmek. __..._.._.._.__...�..�.; _.._....._.___.._...._.r__..�..._...,.�._ None �.._..._._. ..�....�..�_ �...._.�.�.�..___ .� � � 0 � � u� O z a °9 � F N O N .� . L4 ti � � N N � � 0 '� Addendum 08/21/97 r� ADDErmtrNt to August 21, 1997 Staff Report Environmentally Sensitive Areas � A. One of the concerns raised ai the previous meeting was that there was no way to take into consideration the level of previous development surrounding a wetland. The example given involved a property where the existing 100' buffer was being applied.even though most of the other properties abutting the wetland had lesser buffer widths under previous regulations. Since we have been considering ways to introduce flexibility into buffer requirements (i.e. buffer averaging and increased buffers), it makes sense to include the ability to reduce buffer widths under certain conditions. Below is proposed language to provide for limited buffer reductions. It is modeled after Department of Ecology recommendations. REDUCTION OF STANDARD WEiI.AND BUFFER WIDTH � The director of communitv develoament mav reduce the standard wedand buffer widths bv ua to SOR'o, but in no case less than 25 feet. on a case-bv-case basis where it can be demonstrated ihat: a) a maioritv of the adiacent surroundine land has been develoned under arior reQulations such ihat wetland setbacks and/or buffers aze less than that established in this chapter, or b� the adiacent land is extensivelv vegetated and has less than 15�Yo slones and that no other direct or indirect short-term or lone-term adverse imaacts to reeulated wetlands, as determined bv the director will result from the re�ulated activitv. The director of community develooment mav reQUire lon�-term monitorinQ of the vroiect and subsequent corrective actions if adverse impacts to reeulated wetlands are discovered: or c) the project includes a buffer enhancement plan, usin¢ appro�ria[e native veaetation, which clearlv substantiates that an enhanced buffer will imnrove the functional attributes of the buffer to provide for additional arotection of wetland functions and values. B. The Commission requested staff to provide options on how to apply buffer widths to Category 3 wetlands that would be related to wedand area. The concern was that a single 50 foot buffer width may be too blunt a tool. Below are three options: CATEGORY 3 WETLAND BUFFERS Option 1: Option 2: > 2,500 sq.ft. = 50 foot buffer width (recommended in staff report) y > 2,500 sq.ft. and < 4,300 sq.ft. = 25 foot buffer width- 4,300 sq.ft. and greater = 50 foot buffer width Option 3: 2,500 sq.ft. to 2,800 sq.ft. = 25 foot buffer 2,800 sq.ft. to 3,100 sq.ft. = 30 foot buffer 3,100 sq.ft. to 3,400 sq.ft. = 35 foot buffer 3,400 sq.ft. to 3,700 sq.ft. = 40 foot buffer 3,700 sq.ft. to 4,000 sq.ft. = 45 foot buffer 4,000 sq.ft. and greater = 50 foot buffer �� McConnelVBurke, Inc. ADDENDUM t0 AIIgL1St 21 1997 Staff Report Environmentally Sensitive Areas C. Finally, it appears that existing stream protection regulations do not provide for activities ` within stream setbacks that would allow a property owner to correct or mitigate conditions that were the result of past development and which are now having adverse impacts to the stream environment. The example provided involved a culverted stream/drainage course with an outFall that has been severely accelerating the erosion of the stream bed and banks. It appeazs reasonable to allow such corrective activities,in order to maintain the quality and function of the City's streams. Below we have suggested amendments to the sections in the code relative to stream rehabilitation and setback intrusions. Division 5. Streams Sec. 22-1311. Rehabilitation. The director of community development may pernut or require the applicant to rehabilitate or mairitain a stream by requiring the removal of detrimental materials such as debris, °°^�� sediment and inappropriate vegetation and by requiring the planting of native vegetation. These actions may be permitted or required at any time that a condition detrimental to water quality,•stabiliri of stream banks or habitat exists. � Sec. 22-1312. Intrusions into setbacks. (c) Other intrusions. Other than as specified in subsections (a) and (b) of this section, the city may approve any request to "locate an improvement or enga�e in � land surface modification within stream setback areas only through process II, based on the following criteria: • 1) It will not adversely affect water quality. 2) It will not destroy nor damage a significant habitat area. 3) It will not adversely affect drainage or stormwater retention capabilities. 4) It will not lend to unstable earth conditions nor create erosion hazazds. __ 5) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of significant open space or scenic vista. � 6) It is necessary for reasonable development of the subject property. 7) It is necessarv to correct anv one of the adverse conditions snecified in subsections (1) throuQh (5) of this section. �;�.. McConnelUBurke, [nc. 2 � ADDENDUM t0 AuguSt 21 1997 Staff Report Environmentally Sensitive Areas � A. One of ehe concerns raised ai the previous meeting was that there was no way to take into consideration the level of previous development surrounding a wetland. The example given involved a property where the existing 100' buffer was being applied.even though most of the other properties abutting the wetland had lesser buffer widths under previous regulations. Since we have been considering ways to introduce flexibility into buffer requirements (i.e. buffer averaging and increased buffers), it makes sense to include the ability to reduce buffer widths under certain conditions. Below is proposed language to provide for limited buffer reductions. It is modeled after Department of Ecology recommendations. REDUCTION OF S'fANDARD WEt'LAND BUFFER WIDTH � The director of communitv development mav reduce the s[andard wedand buffer widths bv up to SOR'o but in no case less than 25 feet on a case-bv-case basis where it can be demonstrated that: a) a majoriry of the adiacent surrounding land has been develoaed under prior resulations such that wetland setbacks and/or buffers are less than that established in this chanter or b) the adiacent land is extensivelv ve�etated and has less than 15'Yo slones and that no_other direct or indirect, short-term or lon¢-term, adverse impacts to reeulated wetlands, as determined bv che director will result from the rewlated activitY. The director of communitv develooment mav require lon�-term monitorin� of the proiect and subsequent corrective actions if adverse imoacts to reeulated wetlands aze discovered; or c) the proiect includes a buffer enhancement �lan usine aparooriate native veeetation, which clearlv substantiates that an enhanced buffer will imnrove the functional attributes of the buffer to vrovide for additional protection of wetland functions and values. B. The Commission requested staff to provide options on how to apply buffer widths to Category 3 wetlands that would be related to wetland area. The concern was that a single 50 foot buffer width may be too blunt a tool. Below aze three options: CATEGORY 3 WETLAND BUFFERS Option 1: Option 2: > 2,500 sq.ft. = 50 foot buffer width (recommended in staff report) � > 2,500 sq.ft. and < 4,300 sq.ft. = 25 foot buffer width � 4,300 sq.ft. and greater = 50 foot buffer width Option 3: 2,500 sq.ft. to 2,800 sq.ft. = 25 foot buffer 2,800 sq.ft_ to 3,100 sq.ft. = 30 foot buffer 3,100 sq.ft. to 3,400 sq.ft. = 35 foot buffer 3,400 sq.ft. to 3,700 sq.ft. = 40 foot buffer 3,700 sq.ft. to 4,000 sq.ft. = 45 foot buffer 4,000 sq.ft. and greater = 50 foot buffer � McConneiVBurke, Inc. ADDENDUM t0 AIIgUSt 21 1997 Staff Report Environmentally Sensitive Areas C. Finally, it appears that existing stream protection regulations do not provide for activities ' within stream setbacks that would allow a propeRy owner to correct or mitigate conditions that were the result of past development and which are now having adverse impacts to the stream environment. The example provided involved a culverted streatn/drainage course with an outfall that has been severely accelerating the erosion of the stream bed and banks. It appears reasonable to allow such corrective acdvities in order to maintain the quality and function of the City's streams. Below we have suggested amendments to the sections in the code relative to stream rehabilitation and setback intrusions. Division 5. Streatns Sec. 22-1311. Rehabilitation. The director of community development may pernut or require the applicant to rehabilitate or mairitain a stream by requiring the removal of detrimental materials such as debris, °°^�� sediment and inappropriate vegetation and by requiring the planting of native vegetation. These acdons may be permitted or required at any time that a condition detrimental to water quality,�stability of stream banks or habitat exists. . Sec. 22-1312. Intrusions into setbacks. (c) Other intrusions. Other than as specified in subsections (a) and (b) of this section, the city may approve any request to "locate an improvement or engage in � land surface modification within stream setback azeas only through process II, based on the following criteria: . 1) It will not adversely affect water quality. 2) It will not destroy nor damage a significant habitat azea. 3) It will not adversely affect drainage or stormwater retention capabilities. 4) It will not lend to unstable earth conditions nor create erosion hazazds. __ 5) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of significant open space or scenic vista. � 6) It is necessary for reasonable development of the subject property. 7) It is necessarv to correct anv one of the adverse conditions snecified in subsections (1) through (5) of this section. �;_.. McConnetUBurke, Inc. 2 5 Summaryll/10/97 � MEMO TO: Planning Commission Members FROM: Kathy McClung, Deputy CDS Director DATE: November 10, 1997 � RE: Sensitive Area Amendments Attached are the proposed changes.to the"original staff report as proposed by Don Largen, Consultant Planner. He has incorporated comments from Dyanne Sheldon, Wetland Biologist. The hearing for this item has been continued to November 19, at 7:00 pm. Copies of this proposal have been sent to all parties of record. Also tha� night you will be conducting elections for the Chairperson and Vice-chairperson. c. parties of record � � � MEMORANDUM We h�ve reviewed all comments received at the hearings and those that have been submitted to d:uc in writing. Below is a summary of recommended amendments to tl�e City's sensitive areas regulations. Note that those entries containing st��g�-or underlininQ indicate changes to � existing City regulatory ]anguage. � [98�9 OH %2i/%Zl ZZ=CT N0� L6/OT/TT Planning and Heccring Excuniner Services McConnell/Burke Incorporated -- 10604 N.E. 38th Place Suite 227 Kirklcmd. Washington 98033 (206) 827-6550 FAX: 889-0730 Nove�t�bcr t0, 1997 To: Federal W�y Planning Commission From: Don Largen, Planning Consultant Subject� �_ � � Summary of Proposed Scnsitive Area Regulation A.mendments , As you knoa� wc h�vc received excellent testimony at the public hcarings regarciing specific aspect� of tlic City's sensitive area regulalions. In particular, we have been fortunate to have had the p�rticipation of two highly qualified and experienced wetland professionals in reviewing proQoscd regulatory amendments. STREAM D�!-'1NITION S[rCi11Tl € 1� ccwnc or rnule, formed by nalun: ineluding �hose �vhich h� ve bee modified ; by man. and gcncralty consisting of � cliannel with n bed, banks or sides : ttiroughout substflntially all its leng[h, along which surface waters naturally and € normally Ilow in chxining from highot to lower elevations. �i(�m need n� ; contain water year round. In a developinA �ettin may run in culver�� ; ar xre channelcd ;n a eonerti;te rock or otl�er flrtificial convevance �rem� � This deGni[ion is not meflnt to inc�uc� [Cligati�n di�che5 canala surface watcr € tunoff fACiliyes or otber nrtificial watercoursa� unless usrd bv a loca! or ; mi r�a[orv fish population or was ��ncted to convey•streame which exieied ': prior to coostniction of the wacercoursc. � Major St��cam 100 foot buffer Minor Stream 50 foot buffer ZO 'd a. any strcam, and thc tributarics to any sacmn. wliich contains or support�, or under normal circumstances concains or supports local or migra[ory fish population. b. �f the�e eX�s�s a 4atural nermancnt blcx:k��c on lhc stn;arn cour�e; which pnetuJes the pp�tre im movemeot af anadmmous �sh_ thcn lhat portion of thc stn:Nm which is ciownstreflm of the natural ptrmanont blocka�e shull be re�uluted as a�tipjps,stream Any stream that does not mce� the definition of Major Stream. oZ �� t NOI� L6-0 i-noN I98�9 OH Y2t/%Z] ZZ=ET H0� L6/OT/TT WE'IZAND CI�SSIFICATION SYSTEM C�tCgoly 1 wetlartd � a. presence of species or dc�cumentcd habitat tecognized by stnte or federal age�tcies as t endangered, threatened or potenaally �xarpated Qlant, fish or animal species; or t � 200 foot buffcr =• ; b. pcesence of plant a,ssociations o[ infrequen� occturonce, irreplacezble ecological € funcci�ns, or cxccptional la.�al signific.�nce iAClud'tn� but not limitcd W csluxrinc � systcros. pcat bogs and fens, maturo forexted wcdands� gtOUndwAICT CXC}1t1Age Ri�CAS. i significanc habitat or unique edueeaonal sius; or, � . � e. having chree or more wetland classes one of. whieh is open water. : € d. ar� greater than 2,500 squarc feet in arca. C�ttegory 2 wetland ; a. do aot exhibit the chnracterisacs of Category 1 wetlends; i s 1 QO foot buffer j b . condguous witt� wACer twdies or tributaries to watcr bodics wl�ich under normAl -- ; circumstances contain or support a fish population� inelud;ng sueams where flow is = intermittant; or � s c, gteater than one acre is siu in iu entirety; or. ; _ . ; ; d. less ti1An or equal to one acre in size in its entirety and having lwo or m�n: wcdand ; classes, neither class dominat�d by non-native invasive specics; , � e, aro grc�atcr than 2,500 squaro fea in aroa. � a. do not exhibit those characteristics oudin�d in Categories 1 or 2, and C�tegory 3 wetland , � 50 foot buffer � b. are greAter chan 2,5� square feec in area. � � �c : a• BuCfer Avera�in� Buffers m•ry bc n�%c[ .igul oi�ly whcn tha se;is'stive �ren ta be buffared contains habitat types which havc bccn xo pormanentty impacted that reduced buffars do not pose a detriment to the existing or expectccl h�bitnt functions Tlte upplicunt must demonstrate to the satisfacrion of lhe Director of Co�nmunity Development that the proposed buffer avcraging will meat the following criteria: 1. Reduced buffers will no[ affect che wacer qualiry entoring a wctland or str�am; 2. Rtduced buffers will not adversely affect significant habitaz artss within a sensitive arta or the buffer; 3. R�duced buffers will not result in unstable esrih conditions nor crtato trosion hatatds; or 4. Rcduccd buffers witl not be deirimentul w any other public or private pro�erue.e, incluQing the loss of open space or sceoic vistas. � � � 2 ��.� n��r t,rrn.i ►�-nt-nnU [98�9 OH %2i/%Z] ZZ=£T H0� L6/OT/TT In no in�tanccc shall the buffe[ width be ceduced lo Ic�s duu► 50% nf the required stand�rd bu�'fi:r � wid�h. The cotal a�en contained within iht bufftr after avemging sha11 be equal co tha tuta rtquirod 1'or s�andanf bufFer dimens'tons. BuCfer Increases Th� d�rc�tor sl�all require incrcescxl cnviranmenmily sensitive nrea buffer widths on a rase by ca.re b:tisis when the directoT deurmines thAt a largc.7 bu[fer is necessary W prouct envItonmentally scnsitive area funccions. values or hazards ba�c�i an site specific coaditions. This dCtcrminaeion xh:►11 bc sup�rted by approp[lutt documcntatinn showing that additiont�I buffet width is n:��ro:ibly rcl:itcd to protection of environmentally Rensitive area funcdons and values, ur pratec:tion of public health, sAfety and wclfxru. Such deurmination shAl! be t�ttach«I as permit conJiti�ns The dacrmination shall demonstra[e tl�ac at laact one of the following factors sre met: l. Thcrc is hahitat for state or fedecttl listed specics present wi[hin the seasitiv� arca ancUar its buffer, and additional bvffer is neassary co maincain riable functional habiutr 2. Tli�rc: art: ronditi�ns or fescures adjacent to the butTcr, such ac steep slopes or �rosion hazard amaK, which over time may pc�.se an addicional d�rcat w thc viability of the buffer aad/or the scnsiave :►rea. In such circ:umstances the City tn�y chcx�sc to impose thoxe buffers� iCgny, assaeisted with the condition or fexturc posing the threat in Addition to, or to s maximum. bcyontl c1�c buff�r requirod for the subj�ct stnsiave area. Reciuction of Standard Wetland Buffer VVidth The direccor of coininunity development may rednce lhc standard wedand buffer wldths by up to 50�, bu� in no casc less chan 25 fcet, on a easc-by-cnse basis where it ean be demonsvated that: � !. If cxisting condipons are such that tha required StandArd buffer ezisls in a permanently altcrcd s�ace (�.g, roaJwxys, paved parking lots, pennancne structures, etc.) wiiieh docx nat provide Any buFfer func[ion, thcn ihe buffer ct�n be rcduccd for that portion whcre thc inuu.sions �ro existing. "i'hc dire;:tor slt�tll ltave the authority to dctarminc: if buffer ave�aging is warrantcc) on the subject pr�perty to obtain additional buffer area on other portions of thc perimeter of the sensi[ive sc+ea. . .......... _..____---__.____._ .................»» CONSISTENCY REVIEW � ...�.�.....�....� _."""._..... Chapter 22, Atticle 1, De�n+tions - Regulated Wetiand. Update the definitlon as shown betow: Aegul�f�� w@tl9ndS �hall m�an fhbse ��.as greater than 2.$00 �u�re feet in area that are inundated or saturated by surtace or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted to for life in saturated soil conditions. Wetlands generally include swamps, marshes. bogs, and similar areas. with the exception of the following areas shown ln the King County Wetlands Inventory Notebook, Volume 3 South: (1) LowQr Puget Sound Beach; (2) �ower Puget Sound 1 and S1; and (3) Areas defined as a regulated lake. � Methodo(ogy in the �anasryt-�-989-Federa tifyirtg-ar�d-Beknesttt�g-zltt�is�ieE� wetlar�ds-a 3 t�n �a i�.�i NOW 1.6-Oi-nON [98�9 ON %2i/%Z] ZZ=CT N0� L6/OT/iT � [�h 1997 Washinaton St_aie Wettands Identi�cation and Delineat�on Manual (De�rt of Ecoloay,Rubtication #96-941 a�,�tjpulated in WAC 173-22-080 will be used for regulatory � dQlineations of wetlands within the City, Although a site specific weUand may not meet the criteria described above, it will be considered a regulated wetland if it is functlonaify retated to another wetland that meets the criteria. Thc following sertions of Chaptcr 22, Mticle XIV r.onts�tn refercnces to thc revieN processca in pl�ce prior to tl�e rcgulalory reform updates rece�dy apptovcd by Council. Thesc sections shonld bc upclntcd to retlect the ct�tstnt reriew process t�ramework. ' Scccion 22-1?fil. Sxdon ?.2-1244, Section 22-1307 thcough Scction 2�10, S�ction 22-1312. Sccuon 22-1333, Stction 22-13�8. ..._...._......_..»..»....__ ....... MISC�S.I,ANSOUS .....�........_.._.._ .................»»».......__ .. Division 5, Streams Scc. 22•1311. Rchabilitation. Tl�c director af contmunity ckvelopment may permit or requir� �lte an applicant to rehAbilitatc ar m:�itt[�in t� Ma'or .,cream by requiring the removat of detrimencal mAterials such as debris, se��t sc i� � And inuppropriate vegetetion te�ci�hy re�►Flt3g-l�te�}�tnting t�aEj�e-�egc�nbi�+t�, �p V c�f slicttm TCh1ht)j11�1011 SI1811 }x h.1SCC�_Otl A[CVICW nf a p�1n COII[8liliit�, a[ a Ti11T11tT111111 an an, SIS O c;xixting cnndiL�Qns, idcnti�cation of the source of d�e cie�dalion of the s�,�m or ripsrian �Spe pr opuc� ��ncctive actions perCormance st�ndatds monit�rin¢ schcdulc �lanting�plttns nnd gr,�d Rla�s ns ncc;�.�s5ry. Tho director mgv reauire �n apPlicant to retain the sen±�es of a q.ualified � �rc�fC�Stbnt�l in preP�rtn� IhC PC.4tAration e�1� fhcse actions tnay bc permitted or rec�uircd at any�tltne that a condition dctrimcntal to water quality, stability of s�ream banks or habitat exists. Scc. 22-1312. Intrnsions into s�ibacks. (c) Otlter i�itrusiu►rs. Other than us specified in subs�clivns (a) and (b} of Qiis section, the city may �PProve �ny rcqucs< <o locate an improvement or cnsage in lnnd surface modification within stream sctl»ck atcns only duough pcoccss II, based on the followins crit�ritt: 1. it witI noc advcrscly atFect water quality. 2. it wilt noc destroy nor Jamage a significant habitat an� � 3. It will nul advcrsely tiffect dminage or stormwater ieuntion capabilities. 4. it will not lcnd to unscnble earth condidoas nor create erosion hszards. 5. it wil! not bc rr�ateri�lly detrimental to any other propecry in the area of tl�e subject property nor to tlte city tu a whole, including the loss of significant open spacc or scenic vista. €+.--IEis n�:estiarr-1'er-feasAC�a�ie-�evel9pRt . eft�- . 6. lt is necess�cv to eorrect any ont of the advers� eonditiQns specifi�d in subsections (11 throu� o� this section. _� � 4 T7�CT }tI111 !�-�T_n(111 � Revised Report 11/25/97 i ti � � � [8699 OH %2i/%.LI TZ=Zi 3fLI, l6/SZ/TT Novcmbcr 25, 1997 To: Federal Way Planning Commission From: Donald B. Lacgen, AI(� Planning Consultant SuUjec[: Sensitive Areas Regulations Amendmcnts The Plamling Commission requested at the last meepng that we address several spccif:c ix�ue.ti rc;l<<tive to the proposcd sensitive area reguIation amendments. Modifications have bccn made �n rasp�nd to lh� commission's t�eques�t. The effected sections of the City code are presented below by ,�ubjcct in an vnderiine (new itcros in the code) and strike through (deleied items) format to show how thcy would appear in the code. We have attachcd the e�fs wedand regu)ations in Appendix A so the commission may sea how those regulatory items fit together. The modifcations are summarizcd as follows: • A new clause (c) defining and excIuding active drainage facilities from the wetland regulations has been added to Soc. 22-1356 Determination of wedand and regulated wetland. This has bc�n based on a staff interpretation issucd in 1996. Note that Sec. 22-1356 is th� sec�ion of the Ciry's code that specifies the information required for review of a wctland site. 'i'he proposcd wedand definition remains the same as in our prcvious discussions. • 1'wo ciauscs have been addcd to the proposed Fcduceci buffer pmvisions with criteri� to aUow for buffer r�ductions in cases of significandy altered wedands and for single residential Io�s plaued prior to che City's incorporation. � We havc split the buffer sizc requirements for Category III wetlands, such that those greater than ! 0,000 square feet will have a SO' buffer, and those less than 10,000 sqnare feet would receive a 25' buFfer. • A modification has been made to the existing reasonable use provisions to aliow for a I'rocess I review for single residentia] lou platted prior to the City's incorporation. • A modification has bccn made to thc sueam rehabilitation provisions to allow for intrusions into s[cep slopes and associated setbacks. � 1 �� -_-�' CHAptEtt 22 ARTiCLE I. GENLRALLY Scc. 22_l. Definitions R�b�rrinred wctl�cnds sh�li mean tho�c arei� erenter thnn 2.5(� square f�cl in area thlt are inundated �u �7tunued by surfxce or gmundwater ac a f�r'quency and duradoa sufficient io suppcsrt, and that �n •a 6 i: 7. i�n.� L6-5Z-nON [8699 ON %2i/%Zl TZ=ZT 3t1.L L6/SZ/TT o' unJcr nurmal circum.ctances do sttpport, a prcvalence of �eget�tion lypically adapted to for li�c in saturated soil conditivns. Wetlands �enernlly include swamns, marshes, bogs. and similac atens, � wilii thc excepcion of the following ar�as show-n in che King County Wedands Inventory Notcbook, Volamc 3 South: (1) Lowcr Pugct Sound Beach; (2) Lawcr Pug�t Sound 1 and 51; and (3) A�.�., dcGn�d as a rogulated laka Mclhoclolobry in the aveElet�nEnaqaent-�3�K�-S�es�y.6 , �Arch 1997 Wa�hineton State WtdAnds Identifieation And Delincati�n Manu 1(DenarUnent ot �l ub icACio #96- 4 sci ulaccd in WAC I-22-080 Wn'il bc uscd for regutatory dclineations of wedands within the City. Aithou�h a sice spa:ific wotland may not meet We critcria described above, il will be eansldet�x! a regulatec! wetland if ic is funcdonally rclatcd to ano[htt w�tland that meets the criterie. ARTIQE XN ENVIRONMENTALLY SENST1xVg AREps DIVISION 7. REOULATED WETLANDS Sea Z2-1356. Det�rnofnation of wettand and regulated �etland. ... c nrninrtg� {�tecilities. SurFaee wwttr ptfnJ� dr�inaee ditehes s�iid otl�r such f,�lities wliich wcre de�i c:d to im vnd conve wa�cr f r an eerecl se are 'dcrcd re late lanJs • �� lhi� anicfe nrovided thcY mett ail of the following txiteris: � f I 1 Th �Ir.�inaac facilitv mast have been inlcntionallv ht�r�an ctcatcd This y� Qdiffercntiaec frQ 4hnce wedand si�es tha� are acciden4�1 con�eauencec of dcvrlopmant act�ons such ac n�a� c�n�tructiott oz cvlvcrtpl:ice�p�nt. Such sitac m,�y_be consideraJ rogulate� w�tlnnds by th� �ircc:t r u on a revicw of h ecolo ical funco �,c �nd �alues of Ihe ' (2) Th� dr �in��c fsciliiv musr have becn ori�inallv conslructed on u�ancis (nan-wctlanci re,�ts . Tf �he c�rling�e fac.�ilitv is lc�cated within s�traightenal chttnncIized �r,s,ji hetwise dixturbed ne�tural watercourse. il mav bc coosideN„c! a reQUlated wetland bv lho director un��n revicw of tl�c ccalo�ic��functions and v�fucs of the sice. (3) 1�ic fac:ility mu.� be activcly oPcrated as for usc a� a,nc��ce wRtcx drainagC,�'¢ci i4bnndoned drain:►ne fneilitics mav be conc�dcrcx) i wetlnnd� bv che directur �nn a rcv'cw �f thc �c�lo t functions and v Iu s of the site � Wc� s}n,s,Zcnndilicros hav� ggs�p�ndcd bevond thc originaily ccm.�r�ctcd draina�c f,,�'Ji� bc�unda ,ry,. tn such a ca�c thc cXpnndcd arca mav be con�idcrccl a rcQUlate.d �+�tl�nd� the irtxt�r u n r 'e of the cc�lc„�'�I fonctions and v�iss of the site. �l The drtiinnee faeilitv w c not dtsigncd or cons�tvctcd as a rcauicem nr � mitiRate orrv��us wc ! ►�l im�.�tcts. [5) Thc dircctor Gnds thut limittd ecolo�ical #unctions and valu s o not warran„�J�n��caticm uf thc ' wcdand re 1 'ons. Sec. 22.1357. SetM�ek�rra�„ Wctland cia.csifientlon5 and standard bufferc. �t2 Wcll�nds mec:line tht dtfinition in Article I hQJ��r22 ara classi�4�4 into the tollowipg cnte�,orios: ,� 2 Ffl'a ar•�r ani �a_c�_nnU •[8699 ON Y2i/YZI TZ=ZT 3fLL L6/SZ/TT � � I) Gll1G�C+pII� / WtIIRIta(S AiC gPC�1[Ci th3712 S[)0 t'rn�Rrr f�tt in s►rnr� anit rr��t nnr nf � follo»vinp Cn��ryA �_„ c�n��in the nrescncc of xr�ocias or docu��ted hnUitat n.�c.�vgnii.cd bY stat�,Q�,jy�crnl aevnc:ics :i.� enclnnecred fircatcncd or potenual�y ex�imared n1Anr fiefi nr Animal �:�� ..,- h. eohtein thc oresencc of nlent aesociatie c af inf _nnr_nr n�isr,ra�-� ;,n...��oloQlcal fuuctions o! cz��cnt�onal it�cal airnifi�ltlGC 111CIUdiA� Mlt nOt limilcd to c� .y�f� SVStC1f1S_ ttl boQS and fens mature fortsted wellands eroLndwace* �:rhn., a.�.qe S72n1fIt_+�� + �i�.nt or uninuc educat�onai s�tyS: Oi • S: hBYC LhCGC Ai �1'IfIfC VI/C1�AT1d C�ACte�c nnF nf whirh ic n►.rn �y��Cr �,,21 C�tleerr.rv /! ►vrtlandr a*r � �re� chan 2500 sauare fcct in nrea do not exhibi� ihr ��.,.-.��.:��:� p� Catc,g,cZrsr_L��tl�nds and mcc[ onc ef,�h� folloNinQ criteria• f �s. �rc �ontieuous with watZr bodic� or triburnrie.4 to waror�lj� vvpich nndcr nertnai cin-+�m��:��u sontnin or sunoorc a fish �p4ladon incl�ding s�reams whs {�Ow is lntCY�)lit[Cnt: or b, arc �rrcatcr than onc acre ic cr,r in i� ntirc�y or e:. arc icss than er ��l b on� �crc in sizc in i�4 enriruv and hnve two or mcmc wcdand �1 �� wiQt n�Jthcr class domin�tod by non-na�v� �r•n+��c s�c;cies S„3 r w r u ' ar haracte 'stics of Cetcearv 1 or ti wcttandc_ (b) S„4nndnrd t�ut7er widlhs for rr�*�A*� •u•�•�ApdS nt�C CStElblithCd tLti falln��vc � ! 1 � C:�cc•��,rv 1 wcitnnds shall hsvo a standar,si,�iu}'tsr width af 2(� fcct. , f2) Ca[ceorv Il wttlandc ,e}� have a standard h��Pl d+dth of 100 fcc� L� C�tc�oiv iIl wcdand� ch�� htfve a stxndard buffer width pC SO fcel for wetland�t al tut: �rc;ttecr than 10 ,000 SAUO[+C fGC! in area aad shall hava a standard b+ff'Pr width of S f�.•� for �aetlands that arc t�twccn 2.500 to 10_000 eou�re frr. :.. �Ms,_ Sec. ModitSc:�tion of standnrd wttland buf}'er. :► Hrc r r Avr•�rrysl�e Buffers mav averftecd onlv when t6e sensitivc xrca to be b+ feroJ c.nntainc h�hit�t lYl'�� Wh��h ��3Y� lxrn so xrmsnentiv �mp�t��;�J �hat rcduccd huffers do nut nose a detrimSn( to thc cxistin� �r �x l?�ctCJ habiuq functi�ns. 1'ho anulicant must dem9llstrttlC to thc �:+��f:+�*�qn of thc Dircc:tor of ('omm,�nS�., V4��(�utenl thttt [hc pSOppstd bUffeC nVCra�np w�11_�ncCt lhe tt�llowine critcritf• t. Rcduc:�ci , �tfers witl not aftoct [hc waur at►ulitv tmorine a wctland,or strtam: � 2. Ruluced bufFers wi�� nol adversely a•ee, sil�nificttnt habi[ac are� wilhin A scn+itive rreo or nc� buffer 3. Reduced buffers will not ra�Llt in �n AbIC GATth COndlilonc nnr rrrnr� �meinn h��snAe and 4, }��uc;ccf butfers will nol bC cktrimenral to anv othar vublic o� nriy,{�pn,.,rN;�� ,I1C�Ud111e I�1C �ASS Af O�f`,,ll cns�r�! nr crrnir yjclAS jt nn inxtnnces xhall Ih� bufT'cr width,�e redueal tv ic.ns than S y 0 9fv of thc rcQuired ata bul7cr width, 1�1�,_lttl�) an:a cc►ntainecl wit in the buCfer after averagj.pg ahalt be �,�gai to tht area reuuired fc�r ,±�3�^��ti(..�iifY's� dimcnsiona� ib1 Rrrluy(( s Werla�td Dr�Q'er Wfddt 1'hc director ��f c�mmunity devclopm mnv nduce '� lL�F ��undard we�land butfer wid[hc bY t{� to 5096�on u cnse by-case basit whrrr n�.- .,� .� f.,��owine l�i.A ltuu+ns cstn he d�mops[rntCCJ: +,n�r [8699 OAI Y2i/Y.L] TZ=ZT 311L L6/SZ/TT ,L._��S'L�S'L+�nditions are surh thnt lhc rcQt�ired xt�nd�*+� buPfcr cxitls in n permanenQv altcrcd sttc (c.g_ re�d� ^w� e:�ved wirkin¢ lots ocrmancnc �true�ur� �tcJ whlch dars nei nrovidc env buffer func[ion tfion thc b�.tt��n be reduced for that oonion whc +� �ntry_ stons t►ra exist�ng�, 2. ex�-crn fer _�+*gg� I we►��nds existin� eonditiem are sueh,�t the weti�end h;�c bcan ncrmancntiv imnacred bv adiacent•develonment ectivitie.c �ua •�+�+'.M�d bv sttch thin s a� is[ u n t 3. a nrc�icct" on an exicrinr �ir,ols t��y �o��tcd nrior tn the inco��jg� of tha Citv. vinc�.�t+c imnosili�n of the etand�rd buffer w� � 1 �*rr'1�irir *racnn�hle nrw .,J rhe ]o� :1TId lhc nroieci ineludes n b�ffar enhanc}menc blan using�pp�oprisle nalive ve�ttAtion, which clenrlv substantistcs shat an enbance� bLffer w�'ll imnnevs thc fvnctioml attributeQ of thc huCfer co nrovida fc>r addition pcoteetioa of w�tland tuncliqnF and values 't'ha dircc:t�r sh�ll havo �he auth� ��dotermIno if bufCcr avcrao i�_wturttnlcd vn �hc �ub,j� �D�[tY c9 nAcain additienN buffer area on othcr porUOns of thc oerimucr of �1+r trecii9v� mm� �] 1Tu1I'rr Lrcrcresas Thc direccor sh�l! rmuj ;.+�.-a� .+ onvimn L�'%' � �.ScII�$uY_SCitS�(l�a aia.xi nutcT WiClllle nn 1l �.ASv hY CASC bA.�cls When Lhe dirccter dete^^�({�e (�lA[ 8 �fl1'�q' bLn'M'+� *+�'ee�+*v r ��tect envinmmentallv sc � VC ,'1LC�'1,�,li �c�gas, Yalucs or hAy�ncls batcd an s�te e�ritpjc conditions 'I1�io d�rcrmination cha11 r�,.,.,�r�r.+ ti annmorealc dcx�mcotT 1on showinl? that adclifianai huffer width te m�r�enAhtv �•rgr..,� �.. ..rotectlon of rp_YiTOnmunlallv scns�t�vc area functianc s,n�t v�u,� ��.;�yUbllc hcalth satcty an�wgl Such ct �rmina[ion ehRll bc actachs� nc .,r...,.,;r �. �c determination shall dc**+onstretc that et loati4 n 11C nf lh�._follo�ving factors are mcr 1 • T�!SL4..1,�11{l�itRt for statc rr Cedcrat li�� st�.l ot+��nt wi in the aenaitiva pre.� nndbr its. burfcr. and �Jditional buffcr is ncccssary_�Q mflintuin viablc funcci�naJ h�icn�;, 2. 7�c�rc i�rc conditiens or f �� AdjtlCenl tt� the� '�fy; SUCI1 AS SIcxD s�I pCx nr crosipJ 1��7.nfd ;tr�sts. which �vcr dme mav oose s►n 1�nn.,�t �h,,.,.r .., a,., ..:; �; ;{; -i ;he buff'cr xnd/�r �hc �encitive ntt;a. !n sueh cirrumctanees the hv may choaae M im,�p.��ose bofCcrs, iJ' xnv^ al,S I�1Cd Wiih llle condi(ion c►r fexture nocino �hr �ti.++•y� :.. gddilien to or [o A►Tlttxi�num bcvond tbc bufFcr rccauir�d for the subi�a se++ticiv� a�� STRE�4MS ......-..� ______......... CHaP�I�R 22 ARIYCLE T. GENERALLY Sec. 2�-1. Dcfinitions Si�cum sbnil mean a coucs� oc route. formed by naturo. including those wh{ch_havo be� moclified by mttn� anJ generully cnasisting of a channel with a bcd, banks or sidcs duoaghout substanti�lly aU its lc;ngth. alon� which xurface wr�ets rtaturally xncl nwmaity tlow in dtaining fmm bighet to lowec clevations. A�ti�m neecl not ce�nl:►in watcr venr round. In s devcinnina sett�a etreA�+e .++�,� n,,, ;� .�+.Iv� � ara channeled in a c nc,�tctc Li+s;kft� othcr Arti!icinl ccmvcvance �stcros Thia definicion it .�ot m °�t to iacl�de irrloaAnn rliirti � � ;�� urfnee water n�p�q,�(aei'iitics or oL1+er arcifi�ial wel�-�+�ln�ea nni cc nu�rl 6v w 1.,�-+a .,r � n �� h nonvlatlon or w�c cons�rLCtcd co convcy�tt�ams which exicced p�or to construc6on of the wattrcourse,, Majursrrcu,n sha11 mean any stream. and the tributarics to uny mtam. which contains or supporu, or undcr nor�iea! circumseanecs contalr.s or fuppores lo�tl or migrate�zy f•sh popnladon If thCrc cxistc a nf�rursil n��gnc�� l�lcx:ki�¢c: c>n tho stresim coursc which nrecl�.�Qs thC uwlrcnm movement of nnndromnn� f�ti .h G�that nertion �f L`t� <trc� is downcvoam of th� n8tural nermancnr titM�rAg� chafl h�• rro AS a maier c rs.nm ,... . i� � � � �� '� �7 � 71 afl I f R—C7—n�tJ [8699 ON Y2i/%Zl TZ=ZT 3Il.I. L6/SZ/Ti � Minor srieam shall meun any stream that does not mcec tha definition of Major Stream. ARTICI.E XIV. EN'VIl20NMfiNTALLY SENSIT'!VE AREAS DIVISION S. STREAMS Scc. 22-13I1. RehabjGtation. 'Che director of community devclopment may pennit o� rcquirc t�e a�r a�licant to rehabiliwtc or .. maintain a,Lv(aj��stretun by rcquiring the removal of devimenlal matuial: svch a.� debds, se�t xcxciimcne and inappropriate vegetation end-#�jr3rqu�i � pet�w,n. �1Pnmval �f �t1'eem rc:habilitation shall be hased on a review of tt p an conta�nina� at n minimum. en an�Iv�IS a� � gxi�t�, conditions. idcntification of tt�Q source of che dog,�tWatinn n! the��meam or dQaclan xnnc. ��,a� comective actions per!'armance RtancLudt monitorin� schcdule, planting �lans �nd ding �1ans ns nece.ssarv. '1'he dlrccta may�iequim an a�licant W tetaia tl�e scrvice.4 af a qnalifi� ntofc�-sitmal in �cparine the restorat on Q1an. Thcsc actions tnay be pumitt�d or rcquircd at any dme th:�t u conditioa dctrimcntal to water quallty, stebitity of atream banks or habitat exists. Intru�ions il��o c�,,rula�ed �,r,�gp and associated secbacks will be allowed for o�apa�of annroved stream rchabi{it7cion nroiccts, � Sca 22-1312. Intrusions into setbacks, (c) Otfecr inrru.rions. Othcr tl�an as s�ecified Ia svbscaions (e) and (b) of thts stuion, thc city may appmvc ar�y requcst�to locatc an imp�ovemeat or engagc in land surface modific�tion within strcam scth�ck aral.c only through proccss II, baud on the following critcrin: 1. Ic witl not adversely a[[cct watcr quality. 2. Il wilt not de.�troy nor dtunagc s significani 1labitut erea. 3. It will� not adversely affect drainage or stormwatec ret�ndon capabilities. 4. [t will not lend co unstable earth condidons uor create erosi�m har.ards. 5. It will not }�e materiaily detrimental to any other proputy in the area of the subj�ct prupcny nor m tlte c:ity as a whole, includiTlg the lats of significant open spax or scenic vista. fr.-• •It is•nw:dss�t��i��e�t.9c�n�te�e 6. �R.is necC.�S�rv to correct anv on� of the sdverse conditions soteifitd in subsections lll Lhrough (51 of this s�c[ion. .___�� ....................»--- w"._W_ OI�iER ISSUES »......... r_. � AR'iTCLE XN. ENVIItONMENTALLY SENSTriVB ARSAS DIVISION 2. ADMINISTRATION Sec. 2Z-1244. Reasonpble use of the subject prnperty. {b)_ An applicant mAy apply fcn a modifieation or waiver of the provWons of this article using process III G •XCCD C �httt a�RJj�ations forprojects �� e family r�esidencial lots nlatttcl prior �o the ineo rgtion of thc City mav �,G �roccss I. � so •� t z: z t 3n�. Zs-SZ-no� [8699 ON Y2i/%Z] TZ=ZT 3fLL L6/SZ/ii , , ;' tirrr.cvt�ix ti � ' EXISIa WETLAND REGULA110NS DNISION 7. REGULATED WETLANDS Scc. 2�1356. Dctercninaiton of w�ttaud and reguIated wedaad. (a) Grnerally. This scccion contaias procxduros and crit�ria fot det�aminiag whather an arca is defined as a rcgul:�tcd wccland undar chis chaptor. .. (b) F.valtuction. lf the airy deternuncs thst a wetland may ezist on oc withIn 100 feet the subjecl pcaperiy. the Jircctor �f communiry developmcnt shall tequit� the upplicanl to subsnit a wetlaMl repoR prepAted by a yualiGcd prc�fcssic�nal a�proved by the city, that includes the followtng Infot�ttation. The directnr of u�mmunity development shall ua�e chis infocm�tion ca daurmine if [ha ar�a is aregulnced wetland and, if so, the prteise boundaries of that rcb*utntccl wetltu�d. (.1) An evaluation of the area in questi�n basod on the dafinidons in this chapter of "regulatcd wetland " (2) An ov�rvi�w of ihe mcthodology use� to conduct the smdy. (1) A d�acription of ihe wedand, inclnding a map idontifying thc cdge of the wetland and plflnt communitics and dctailed dascripdon of the mothod used to id�ntify the wotland edga (4) The wedand class�cation (U.S. F'uh and WiIdlife Service "Classificauon of W�tlands t►nd Acep Watcr Habita[s in tht U.S."). � � (5) A 1'ut of obs�cvcd plant and wildlife sp�ci�s, using both scicntific arsd common namcs� and a description of eh�ir relative abundanc,�. . � (6) A list of pottntial plant or animal species based on signs or othu obsarvation. (7) �n evnluncion and assessmcnt of tbe exispng or pocential functions and values of che wed�nd b�.vcJ c>n thc following factocs: sutfaee water control; wildlife habit�t; pollution and crosion rnntroJ; groundwuter exchnngr �pcn spaca and aes[hotic con[rasr, and recxcationli, educutional and cultarttl opportunities. Scc. 22-1357. Setback areas. 'fhe setbuck area from a regulated wetlands is all land within 100 fcet in every diceclion upland trom the cd�e of che regutated wetiand. Sca 22-1358, Stnictures, lmprovea,ents end land suriace modit�cations �ithin regutatcd weUands. (a) Certera/ly. No land surincc modification may tulce place xnd ao seructure or improvemcnt mx�y be I«:atecl in u n:gulnted wedand cxcepc as provided in this s�caon. {b) Pul�lic purk Ttic city may allow pedestrian accc.x� thrcw�h a regolated wetland in conjunction witt� a public pwic. The access, if approved, must be design�d to che manimum extent falsible to pro�ect the weriand from uny udvcrse eCfccts or impACU of [he access �and to limit the access w the defined access area. (c) Rrhabilirari�n. Tlie direc:tor of community developmcnt may permii or cr.quirc the appliclnc to t�eh�bilitalc and maintain a regulst�d wetland by reatoving dctrimcntai matetial such as debri� and inappropriatc �e�ettuion uncl by rcquiring thne nativc vegatation be plunted. Th�se aetions may be requir�d at any time that a .) l' i n�,� �� : � r an.i. l �-57.-nON I8899 0� %2i/%Z] iZ=ZT 3tLL L6/SZ/iT �1PP�IDIX A FJCIS'fllVG WB TI.A1 v� REGULATI � � cc�nditic�n dctcimcntal to wacer quality or hnbi[at txists. (J) M��d� f:c - cttiun. Other than as sFecifiod ia subsec:tions (b) and (c) of this secuon. d1e eity c�uncil may JPPr<�vc any rec�uest to loc:►ce an lmprovemcne or engage in land su�face modiGcaticm within � regutAted wcUand wing praccss 1fI. 7'he specific loctidon and extcnt of the inW.sl�n into the rtgulatecl wedand mtut constitutc Q�e mini►ttu�n necx.a-sary enesoachmeaG Approval of a ttquesl•for impmvements or It►nd sorfxce m«lificari�n wJthin a regutaccd wcdand ctuough procass III shall be based on che following critexia: (1) (2) {3) (4) (S) (6) (�) (3) (y) Ic will noc advorsoly affc.cc wacer quality. Ic will noc destroy nor damage a significant habicac ar�n. It will not adversely affect drainaga or stormwaur retsndon capabiliaes. [t wil! not Icad to unstabfe earth conditions nor crcau uosion hazards. It wiU not bc maicriallydurimental m any othcrpn�perty in che acea of thc sabjcct pmperty nor to the city as a whole, including the loss of significant op�n space or scenic viscs. It will result in no net loss of wtdand ac�aa, funcrion or value. The project is in tha best interest of the public health, safe�y or welfar�. The applicant has demonstrattd sufficient scientific expertiso and supervisory capabiliry to carry out th� pmjec� The applicant is commiued to monitoring tho project and to make corr�ctions if the project fAils to meet projected goats. - (e) Reyuir�d infvrnsution. As patt of any rcqvest nnder this stction, thc spplicant shall submit x repon, pre��ar�d by a qualified profossional sppmved by the city, that includes the following information: (1) Miri�arion plan. A mitigation plan shall includo �c following elements: b. Environmontet goAls and objecrivos. Pcrformancc suuidards. c. Dccailcd construction pinns. d. Timing. c. Monitoring progtam for a minimum of fivo ye8rs. f. Contingency plan. g. Performance bondiag in an amovnc of 120 p�rcent of the costs of implemendng each of tho above elements. (2) Mitigurinn. Mitigation of wetland impnets shall be restricted to un-site restot�ttJon. cx�.►tion or cnhanccment of in-kind wetiand type which rca�utts in no net loss oC wedand acen. fun�lion �r value. Whare feasible, mitigation mcasures shall bt dosigned co improv� the functions end vnlues of t6c impactod wufand. � a. (3) Minimum acrengt replaeement rario: Thc following are minimum restoration, creacion or 2 Rn •a ZZ:Zi 3��. L6-5Z-nON [8699 OH Y2i/%Z) TZ=ZT 3lLL L6/SZ/Ti ' APPEND7X A , .. _._.__......_»_.......r... �M EXTSTING WEII.ATTD REGULATiONS ,----r._....._�..._...�____.._.___� anhancatncnc rntios for various impacted wctland arc�c. Thc first nurabcr of the mdo specirw thc nerc:aga of wetland roquiring roplaeement and the second sjxcifies the acreage of wctltmds . �. iinpartcd. a. For areas with docum�nted habitat for endangemd or thc+�atened plant, C:ch. or animal �poci�s; natural hcritagc wetlaad sices; regionally rare wetland communitiea with ` irreplaceable ecologieal functions: or wedands of excepuonal local significance the rcplacemenc ntio shafl bc s minimum of 6:1. •� b. For forested w�ticnds with at leasc 20 p�rcent of thc surFace arca covcm] by woc�dy vegetntion gr+�attc than 20 feet in height the replacement rntio shall bc � minimum of 3:1. c. For scrub-shrub wed�nds wlth at lcast 30 per+cent of its surface covered by wocxly vegetatioa less than 20 fect in height as ttt� uppermost strata the rcplacemcnl ratio shall be 2:1. d. For tmetgea� wctlands with at leest 30 percent of the surfaee ar+ca covereci by ertct, __ rooted, herbaceous vcgetadon as cha uppermose vegetacive s�atn d�� replacement catio st�xll be 15:1. a. The replacement ratio for all oiher waqands shsll bc 1.25:1. The above rtplac�meat ntios may ba ina:rascd or decroas�d basod on the following crit�ria: a Probable sncccss of the propos�d midgation. b. Projected lossos in funcdon or valua � c. Fndings of spccial studies coordinatcd with sgencies with cxpertise which dcman�trate thac no nec loss of weuland function or vtiluc is attained under an alternative rAtio. d. In no cauo shalt the minimum ticresgt rtplactmcnt ratio be less lhan 1.25:1. (�1) Tincing. A11 reyuirr.d wetland mitigtttion impmvemtnts, exccpt manitoring, shal! be compteted and acccptcd by the dittictor of communiry devclopmcnt prior to beginning scdvities thal will disturb regulated wa[lands. and shalt bo timed to reduce impaccs to existing plants and animals. (5) Inspecrinns; Tiic applicant shaII p�y for scrvic�s of A quatiiicd profession�l seicctcd and recuined by thc city to review tbe wctland mitigation rcport and ahtr televenc informatlon, ronducc perIodic: inspec:tinns. istoe a written n.port to the director of communiry development stating that thc pmjecr complies with requiremen[s of the mitigation plan. and to conduct and report co the diroctor on thc scacus of the monicoring program. - Sec, 2Z-1359. Slivctnres, imnrovements and land surface modiffcation within th� setback ac^cas tlrom rcgulhtrd wetlands. (a) Gcuerully. Except ss allowed in this secdon. no land curfACC modific:ation may ttike place and no alru�tnrc or improvcmtnt may be Located within tha setback area from a regulated wedand. (h) Er�enrial pu6lic facilttlts and rrtiliry. Tha dir�ctor of eommunity developmcnt may permit the pl�ecme�it of an �:..�c:nGal public facilicy ar utility in a setback area from e regulated wedand if he or she detennincs that the line or imprvvemene must trnvene the setback acea bccause no feasibIc or alternative lxa:ion exists bttsed on ao an�lysIs of cechnology and syscam efficiency. The specific location and excent of tha intruston into che setback area must � 3 . �� '� F7.: � t 'afl.►. 1 R-�7.-n�N ., I8699 OAI %2i/YSl iZ = ZT 3fLL l6/SZ/TT � n EXISTII�iG WfiII,A REG �i (Z) (3} (4) ts) (6) � � cun�titute thc minimum n�cessary eneroaehmant tn meet the requirem�nts of thc public faci)ity or utility. (c) Muror improvements. Mino� improven�ents sueh a� fex�U�ridbes, walkwt►ys and bc:nches may be loct►ted wiQ�in dic actbuck arca from a tcgulat�d wetland if approved ttuough procass I based on the fullowing critcriu: (1) ic will no� adv�ely affecc wat�r quslity. Ic will not destroy not damage a signiticsnt �bitat area. it will noc adv�nely affea dminage or stormwstcr retention capabiliaes. It witl no[ lcad to unstsbk earth conditions nor ec+ea�e ezosion hazfu+ds. ic will not be materially detrimental to any other property in the are� of the subject pro�erty nur t� tho city as a whol�, inclndiag tha loss of significanc open spac� or scenic visca. (d ) M�xlificuliun. Other than as specified in subseetions (b) and (c) of this scction, the city may xppr+ovc nny rcquext to loc:nte tu� iniprovement or engage in tand surfucc modi�icaaon within che setback araa from � regvlated wetlnnd thcoug}�process II, based on the following criuria: It will not advus�ly affoct watcr qualiry, It wil! not destroy nor damage a significant habitat araa� It will na adv�rstly affcct dra[nage or scormwaur rcccntion capabilici�s. [c wiU no� lead to unstsble earth condidons nor crcate erosion huznrds. !t will not be materially dctrimcnt�l to any other property in the area of tho subjcxt propeny nor to the c:ity as a whoIe. ineIuding the loss of significant op�n spaee or scenic vista. (1) (2) (3) (4) (S) It is ncccssary for reasonab[a d�veiopmenc of t�e subjcct property. (c) Rrvrgrtntion. 'Ihe npplieaat s6a11 st,abil'ue atl areas kA exposed after land sucface modificacion with nucive ve;geuuion norntally associated wich che utback srea. n W n T �,, F.7. ; 7. i an l. ± F—�7,—nON 7 LUTC Memo 02/19/98 TO: FROM: MEMORANDUM Land Use Committee Members Kathy McClung, Deputy Director CDS DATE: February 19, 1998 RE: Sensitive Areas Ordinance Attached is the Planning Commission recommendation regarding sensitive areas regulations. I am prov�ding this packet to you early for your March 2nd meeting due to the volume of material and the complexity of the issue. As you can see by the number of letters included, there will be a large number of people following this issue. A summary of the proposed amendments are as follows: 1. A three tiered wetland rating system is proposed with the following major features: a. Wetlands less than 2500 square feet are not regulated. b. Category I wetlands are given a standard buffer width of 200 feet. c. Category II wetlands are given a standard buffer width of 100 feet. d. Category III wetlands are given a standard buffer width of 50 feet if they are greater than 10,000 square feet in area, and a 25 foot buffer width if they are between 2,500 and 10,000 square feet. 2. Standard wetland buffers may be modified on a case-by-case basis. Buffer widths may be modified by: a. Buffer width reduction under certain criteria; b. Buffer width averaging under certain criteria; c. Buffer width increases under certain criteria. 3. Drainage facilities are defined and excluded from wetland regulations. 4. The definition of a regulated wetland has been updated to conform to recent State amendments and the proposed three tiered rating system. 5. The definition of stream has been amended to exclude constructed drainage facilities and greater distinction has been made between major and minor stream. 6. Provisions have been added to allow for intrusion into stream and steep slope setback areas for the purpose of stream rehabilitation. 7. The reasonable use exception provision for previously platted � �� single family lots has been changed from to a Process I, making it less burdensome utilize their properties. c. Mayor Gintz Deputy Mayor Parks Jack Dovey Linda Kochmar � �, .' � � :��. �-J S Process III requirements � on homeowners to * � � • LUTC Memo 03/10/98 Y � f . h .. . __ . , ME�ro � To: Land Use/Transportation Committee Phil Watkir.s, Chair Jeanne Burbidge Mary Gates From: Kathy McCl subject: Date: � ung, Deputy CDS Director�� Sensitive Areas March 10, lggg Attached are some follow up items requested from the last LUTC meeting: 1 • A copy of the map entitled, ��Areas Susceptible to Ground Water Contamination". This map was adopted the Comprehensive Plan from ak haven We Sewer District. They do not have any other maps that show where aquifer recharge areas are. 2 . A summary provided by Don Largen of Pierce County setbacks and tiered systems. For other jurisdictional information regarding setbacks and tiers see ��supplementar information'� in your notebook, and/or attachment to letter bY Talasea Consultants dated March 5th entitled, '�Wetland and Stream Regulations by Agencies and Local M unicipalities'� . 3- Letters. Barbara Peterson 3/2/9g Bruce Harpham 3/2/9g Peter Townsend 3/2/9g Liz Marshall 3/2/gg Mayetta Tiffany 3/2/9g Ted Enticknap 3/2/9g Seatac Mall 3/2/9g Federal Way S h ESM (Bob Scholes)13�5�981ct 1/26/9g Talasea (Bill Shiels) 3/5/9g B-twelve Associates, Inc (Sue Burgemeister) 3/4/98 4• Wetland Inventory- Dyanne Sheldon estimates that an inventory can be completed for under $20,000. The products of the inventory would be a map of wetlands with the wetland rating based on the adopted classifications. This inventory would not catch everv wetland in the cit based on data the city alread has. Y� but would be would not be identified. An applicantewould still to delineate the wetlands on site. I am still getting additional information from Dyanne and will provide it to you at the meeting. Land Use/Transportation Committee Page 2 March 10, 1998 5. Information regarding aquifer recharge is forthcoming. Dyanne is preparing an issue paper which she will provide to me this Friday. I will put copies in your boxes once I have it and will bring copies to the meeting on Monday night. 6. Bob Sterbank will provide you information about the endangered species changes at the meeting on Monday. Dyanne has also been following this issue. 7. Councilmember povey asked for a map showing undeveloped and underdeveloped parcels. The GIS Division is working on this and I will have for you on Monday night. I:�MESSAGES\SENS.WPD/March 1p, 1998 � � �_�I � �; COMPREHENSIVE PLAN AREAS SUSCEPTIBLE TO GROUND WATER CONTAMINATION NATURAL ENVIRONNENT ELENENT LEGEI�TD �—•—•—•—•--•— FEDEpAL VAY C1TY LIM[TS — — — — POTENTIAL ANNEXAT[ON AREA — • —• — •— LAKEHAVEN DISTR[CT BOUNDARY ---------- WATER SERVICE AREA BOUNDART � AREAS OF HIGH SUSCFPTABILfTY TO CROUNWNATER CONTAMNNTION � AREAS OF MEDIUN SUSCFPTABILIiY TO GROUNDWATER CONTAMiNATiQN Q AREAS OF LOW SUSCEPTABN.JTY TO GROUNDWATER CONTAMINATION l�IE� Trws nup ca+paes exsrnp geo�op�c, soas, ana dep.eh to provid rscer �nfornoton to estawte the locatson oF arens .ha°e contnNno.tbn nuy rendty enter ge�o�d .asen lts pu^pose :s to comurocute ,the approxrwl� lxutron and uroa extent oF gadogtc apnA;�pnS sn the grenter �edernl Vpy oreu Fcvorable to tiw Mroductbn of contu�tnantc to ground w!o!"- Th�t rwp doos not dopct aquMtr r�churga arons. ifvs eao �s ntended for plom�p pv�poses ady and is not g�aor�snt�vd 40 oxMW4 ucarata �nFor�notan. Lund u5! dlGSA►�5 SMOUId b2 WSEd I.pOn 57t!-SpCCifiC dGtG. SpurCb Slnttl!/Kinp Cw+�ty Henith Depprtixnt, 14nfl County Dept. of .Developnent nnd Ernroro�entul Servbea Grwnd Vnter Monapenent Areo TecMtaol Roports. - .. �� G ��5 Dn„S�oN MAP IX-1 SCALE= 1' = SA00' DATE� DECEMBER f995 MA�- 6-98 FRI 12�52 � � 4 � Summ of Pierce Count urisdictions' �'Y y j required buffer widths for wetlands. Pt�RCS Coux� Four wetland categories: Category I 150 feet Category II lOQ feet Catcgory III 50 feet Category N 25 feet ED� (adopted Pierce County code by reference) FIFE {will soQn be updating) Four wetland categories: Category I Catagory II Catcgory III Category N � Pv� Four wedand categories: Category I Calegory ll � Category Lti Category YV 150 feet 100 feet SO feet 25 feet P. 02 100 feet 75 fee[ w/buffer enh�ncement 75 feet 50 feet " " 35 feet 25 feet " " 10 feet 5 feet " " MILTON Milton does not have a tiered system or standard buffers. Instead, each wetland is �rcatcd on a ca5e-by-case basis. An applicant must get a qualified wcdand biol��ist to deierininc [lic wctland c)ass (e,g, forestcd we[land, shrub - scrub) and establish approgri��c: buff�r5 for tltat wetland aud site. 1 03;�E/98 FRI 12-54 [T%/R% NO 7997] t_J � �� LUTC Memo 03/16/98 j � MEMO TO: City Council Land Use and Transportation Committee FROM: Kathy McClung, Deputy Director CDS � DATE: March 16, 1998 RE: Sensitive Area Decision Tree --------------------------------------------------------- Attached are two copies of a decision tree that Councilmember Watkins asked me to put together to guide the discussion on sensitive areas. The first one simply has points of discussion. This copy will be available to the public and I will have an overhead available. The second one has references to all letters _ received since the Planning Commission meetings by topic. I did not reference the letters received during the Planning Commission because of the volume and because most of those concerns were addressed during the,Planning Commission hearings. �� . � �m�i I � . .. . ..: ,., .u:.. Y r� �� .� Decision Tree- Sensitive Areas 1. How does endangered species issue affect these regulations? 2. Does the Council wish to delay processing this amendment due to endanqered species issue? 3. If yes, then are there parts of the sensitive area ordinance that can be passed? , 4. If no, then how do aquifer recharge areas and wetlands relate? 5. If there is a relationship, how do you want to change the regulations to reflect this change? 6. If little/no relationship then discussion of a wetland inventory. 7. Does.the Council wish to delay until an inventory is completed? 8. If no, then is the tiered system what the Council wants. 9. If no, then what does the Council want instead? 10. If yes, then tiered system like Planning Commission proposed? (3 tiers) The definitions that determine whether it is class 1, 2, or 3. il. If no, then what other tiered system? 12. Is the Council happy with the buffers proposed for class 1? 13. Is Council happy with the buffers proposed for class 2? 14. Is Council happy with the buffers proposed for class 3? 15. Should drainage facilities be exempt from wetland regulations? 16. If yes, then is language proposed under section 22-1356 (c) ok? 17. Should single family lots, platted prior to incorporation be eligible for a reduced process to apply for a waiver of the wetland regulations? (Section 22-1244 (b) 18. Should buffer averaging be allowed? � 19. Is so is the criteria in Section 22.1357.5 ok? � 20. Should the Director be able to grant buffer reductions and increases based on certain criteria? 21. If so, is the criteria in section 22-1357.5 (b) and (c) ok?� 22. Is the revised definition for streams ok? 23. Is the provision for rehabilitation of streams ok? (section 22 24. No changes have been propsed to stream setbacks. Is this ok " with the Council? 25. Is there anything else the Council wants to add or delete from sensitive areas regulations? � � � . .. .. . .,. - .. ...-.. .a. .._'�...>.\a1ltl ti Decision Tree- Sensitive Areas 1. How does endangered species issue affect these regulations? Harpham attachment 3/2/98 2. Does the Council wish to delay processing this amendment due to endangered species issue? Tiffany 3/2/98 Enticknap 3/2/98 3. If yes, then are there parts of tYie sensitive area ordinance that can be passed? suggestions: definition of stream Section 22-1311 stream rehabilitation __ Section 22-1356(c) exemption of drainage facilities from wetland regulations 4. If no, then how do aquifer recharge areas and wetlands relate? Harpham 3/2/98 Tiffany 3/1/98 Enticknap 3/2/98 Freeland 2/24/98 5. If there is a relationship, how do you want to change the regulations to reflect this change? , 6. If little/no relationship then discussion of a wetland inventory. 7. Does the Council wish to delay until an inventory is completed? 8. If no, then is the tiered system what the Council wants. Freeland 2/24/98 9. If no, then what does the Council want instead? 10. If yes, then tiered system like Planning Commission proposed? (3 tiers) The definitions that determine whether it is class 1, 2, or 3. Townsend 3/2/98- Change category II definition Vander Ark- 1/26/98 Scholes 3/5/98-change category II definition Burgemeister 3/4/98- change definition class II 11. If no, then what other tiered system? 12. Is the C � ouncil happy with the buffers proposed for class 1? Sheils 3/5/98-only appropriate in 4-tiered system Burgemeister- specifically identify Buffers in general-Peterson 3/2/98 Tiffany 3/2/98 Enticknap 3/2/98 Vander Ark 1/26/98 Marshall 3/1/98 13. Is Council happy with the buffers proposed for class 2? Shiels 3/5/98-"excessive" 14. Is Council happy with the buffers proposed for class 3? Freeland 2/24/98-too small Harpham 3/2/98-too small 15. Should drainage facilities be exempt from wetland regulations? Freeland 2/24/98 Mansoor 3/2/98- suggested language � � 16. If yes, then is language proposed under section 22-1356 (c) ok? 17. Should single family lots, platted prior to incorporation be eligible for a reduced process to apply for a waiver of the - wetland regulations? (Section 22-1244 (b) 18. Should buffer averaging be allowed? Freeland 2/24/98 19. Is so is the criteria in Section 22.1357.5 ok? 20. Should the Director be able to grant buffer reductions and increases based on certain criteria? Burgesmeister 3/4/98- Add provision to reduce if enhancement or restoration provided 21. If so, is the criteria in section 22-1357.5 (b) and (c) ok? Townsend 3/2/98- Add wording but in no case shall the � - 1 coveracte of buffer to wetland be more than 2•1 in section J 22-1357.5 (c) (3) 22. Is the revised definition for streams ok? Shiels 3/5/98- revise definition for minor stream to "resident or migratory salmonid population" to eliminate three-spined stickleback and small-mouthed bass, Suggests different language for major streams. 23. Is the provision for rehabilitation of streams ok? (section 22-1311) 24. No changes have been proposed to stream setbacks. Is this ok with the Council? Townsend 3/2/98- would like small setbacks for minor streams. Burgesmeister 3/4/98- suggested wording change to section 22-1306 stream setbacks 25. Is there anything else the Council wants to add or delete from sensitive areas regulations? Other questions & Concerns- * Concern that wetlands will be classified incorrectly- Harpham 3/2/98 Townsend 3/2/98- * Suggested language change SEC 22-1221 Purpose "The purpose or this article is to protect the environment, human life and property from harm and degradation at the same time realizing that reasonable ownership riahts of the property owner." * SEC 22-1223 (6) should match changes to classifications Townsend 3/2/98 (staff concurs) *SEC 22-1244 Reasonable Use of Subject property (c) 1. The application of the provisions of this article eliminates any reasonable profitable use of the subject property. 2. It is solely the implementation of his article, and not other factors, which precludes reasonable profitable use of the subject property. 6. The ex�ectation of the applicant for the property when it was bought and any extenuating circumstances. 7. The need to balance the reasonable rights of the a�plicant are to be balanced with the need for environmental protection. 8 The status of existing improvements on adjacent property. * SEC 22- 1356 Determination of wetland and regulated wetland (b) Change language to reflect different buffers. (staff concurs) * Scholes 3/5/98- concern that wetland buffers reduce ability to provide housing * Shiels 3/5/98- � -wording change for Section 22-1358 mitigation for structures, improvements and land surfa.ce modifications � within regulated wetlands. -wording change for Section 22-1313 about content of fill material -buffer ranges depending on use ' - add exemptions from regulations from unintended wetlands � � � ) 10 LUTC M e mo 09/27/99 TO: FROM: DATE: RE: � � MEMORANDUM Land Use and Transportation Committee Kathy McClung, Deputy Community Development Services Director �^'" _ September 27, 1999 Sensitive Areas Ordinance The October 4, 1999 meeting will continue the recommendation discussion for sensitive azeas. Please add the attached materials to your notebooks. History of Proposed Ordinance- 1. Planning Commission recommendation completed: December 1997 2. Land Use Committee deliberations: March 2, 16, and Apri16,1 �98. At the April 6th meeting, the Committee recommended that a wetland inventory be completed prior to making any final decisions. 3. Wetland inventory completed the fa11 and winter of 1998/99. 4. Wetland inventory results reported to LUTC on May 17, 1999. Attached axe letters received since May 17, 1999 on this issue. 1. Letter dated July 26, 1999 from the Department of Fisheries 2. Letter dated August 19, 1999 from the Department of Community, Trade, and Economic Development (DCTED). 3. Letter dated Auwst 24, 1999 from Wm W MacPhail The letters from the Depaztment of Fisheries and DCTED both include comments beyond the scope of what was intended for the sensitive areas code amendment in 1997. I have spoken with stafffrom both agencies and explained that since we initially proposed these amendments, we have become aware of some problems with application of our code, especially as it relates to streams. We are proposing future amendments be completed in regards to streams and wellhead protection. They are in agreement tliat the proposed amendments are a step in the right direction until other changes can be made. Also attached is the latest proposed chanQes to the draft ordinance from Dyanne Sheldon. She is responding to comments made by the state. The major change she has made is to delete the 2500 square foot exemption for Class 1�vetlands. It is my understanding from her that class 1 wetlands under 2500 square feet are rare. � .. Sensitive Areas Studies Copies Available at Community Development 1. American Planning Association. Habitat Protection Planning: Where the Wild Things Are• 1997 Flushing distances based on published studies page 19. 2. Washington Department of Ecology. Wetland Buffers an Annotated Biblio�raph� 1992. A compilation of abstracts dealing with wetland buffers from scientific journals and government publications. 3. Washington Department of Ecology. Wetland Buffers: Use and Effectiveness. 1992. Discussion of adequate wetland buffers includes recommendations for western Washington of 200-300 feet if there is important wildlife functions. Includes an attachment entitled the "Buffer Needs of Wildlife" p. 137 and an executive summary. � 4. Washington Department of Fish and Wildlife. Management Recommendations for Washington's Priority Habitats: Riparian 1997 � l . Statewide riparian management recommendations based on best available science. Recommended buffers from streams vary from 150-250 in order to protect habitat. Executive summary included. . . � � 11 Supplementary Information / � � � WETLAND BUFFER COMPARISONS � RATING JUSIDICTION SYSTEM SETBACKS OTHER Des Moines 2 Tier 100, 35 Abilty to increase Bldg setback of 10 feet Tacoma 4 Tier 200, 100, 50, 25 King County 3 Tier 100, 50, 25 Plus 15 foot building setback Pierce County 4 Tier 150, 100, 50, 25 Kent 3 Tier 100, 50, 25 ,_ .� .. Snohomish County 4 Tier 100, 75, 50, 25 Renton 3. Tier 100, 50, 25 Lacey 4 Tier 2-300, 1-200, 50-100, 23-50 Plus building setback Olympia 4 Tier 2-300, 1-200, 50-100, 25-50 � Puyallup 4 Tier 150, 100, 50, 25 There have been no wetland changes in these cities since 1997.• The cities of Renton and Kent may be proposing changes in the near future. I:\DOCUMENI�SUFFCAMP.WPD � �� Wetland Inventory Summary �, , � �' � FINAL WETLAND INVENTORY REPORT 0 Prepared for: � .. � � ,_ Kathy McCiung Deputy Director, Community Development Services City of Federal Way 335301st Way South Federal Way, WA 98003-6221 253/661-4107 P�epared by: Marcia Fischer Sheidon & Associates, Inc. 5031 University Way NE Seattle, WA 98105-4341 206/522-1333 _� July 19, 1999 ,,:-.- ,. -- . CITY OF FEDERAL WAY i :� � - ...- -�- TABLE OF CONTENTS • INT RODUCTION............................................................. 1 P URPOSE................:................................................. 1 INVENTORY AREA DESCRIPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 METHODOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Pre-Inventory Data Compilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � . . . . . . . . . 2 Development of Fieid Data Forms and Generation of Base Maps . . . . . . . . . . . . . . . . . 2 Field Inventory and Mapping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . 3 Post-Field Inventory Data Compilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Preparation of Maps, Database, and Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 _ PROPOSECLWETLAND CATEGORIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Wetiand Category ......................................... ......... 3 Wetland Buffers ........................................................ 4 RESULTS............ .......................... ......................... 4 Entire Inventory Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Federal Way (FVVAI� Region . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . 5 Unincorporated (UNINC) Region . . . . . . . . . . . . . . . . . . . . . . . . . . g Unincorporated/Federal Way (UNINC/FVI/Al� Region . . . . . . . . . . . . . . . . . . . . . . . . . . 7 REFERENCES.................................... ,........................ 10 LIST OF FIGURES AND TABLES FIGURE 1- Total Number�and Area of Wetlands Inventoried by Proposed Rating .......... 5 __FIGURE 2- Number and Area of Wetlands Inventoried in Federal Way Region by Proposed Rating ......................... ........... g . ............ FIGURE 3- Number and Area of Wetlands Inventoried in Unincorporated Region by Proposed Rating .......................................... 7 TABLE 1- Distribution of wetlands within each region by proposed rating ............ 8 TABLE.2 - Distribution of wetiands within each region by size . . . . . . . . . . . . . . . . . . . . . . . . . . 9 APPENDIX A- FEDERAL WAY WETLAND INVENTORY DATABASE 1999 APPENDIX B - DATA SHEETS � � � > � -�--J Ciry of Federal Way She/don & Associates, /nc. FINAL Wetland Inventory Report i July 19, 1999 � � (� f CITY OF FEDERAL WAY FINAL WETLAND INVENTORY REPORT INTRODUCTION The City of Federal Way is evaluating proposed revisions to the wetland rating method in the � City's Critical Areas Ordinance. As part of this process, Sheldon and Associates, Inc. was : contracted to inventory the wetiands within both current and proposed jurisdictional boundaries so that the City can make informed decisions about its wetiand resources. Wetland inventory information prior to this study was limited to National Wetland Inventory (NWI) Maps, weUand inventory and basin plans from King County, and individual wetland delineations and reports done for projects submitted to the City of Federal Way. Prior to this study a comprehensive field- verified wetland inventory had never been done for the City. ,� �: <; �. All wetlands visited in the field were mapped and classified according to the City's proposed rating system. Information taken for each wetland and summarized in this report includes data on vegetation, soils, hydrology, wetland impacts, and buffer condition. The inventory database and field dat�a forms are included in appendices of the report. The final wetland inventory map is available from the City of Federal Way GIS Department. PURPOSE The purpose of the wetland inventory was to identify and map the general location of the wetlands within the city limits of Federal Way, as well as the unincorporated/potential annexation area to the east of the city. This inventory was conducted to aid City staff and Council members in evaluating proposed revisions to the wetland rating method within Federal Way's Critical Areas Ordinance. General wetland and buffer conditions and characteristics, wetland sizes, and wetland ratings based on the City's proposed rating system are provided in this report. Although all wetlands inventoried were mapped, the inventory process did not include delineation of wetland edges. Only approximate boundaries and locations of wetlands were determined. Any proposed development activities or land use decisions require the completion of a formal wetland delineation and survey to determine the actual location of the wetland edge and the determination of the wetland category based on detailed field data and the jurisdiction's rating system. The inventory is intended to be used as one source of information only, and was not conducted with a level of accuracy to provide detailed information for making final land-use decisions with regard to any specific parcel of land or particular wetland. INVENTORY AREA DESCRIPTION The city of Federal Way is located in southwest King County along the I-5 corridor between the larger metropolitan cities of Seattle and Tacoma, Washington. The area inventoried included the lands within the city of Federal Way, a largely urbanized region, as well as the unincorporated or proposed an�exation area to the east of the city (Figure 1), which includes larger tracts of undeveloped land and numerous large lakes (Dolloff, North, Geneva, Killamey, Five Mile). The two main watersheds in the inventory a�ea are the Hylebos system (East and West Hylebos Creek) predominantly within Federal Way city limits and flowing south to Commencement Bay, and Mill Creek draining most of the the unincorporated area to the northeast and flowing into the lower Green River. The northern portion of the inventory area within city limits drains into Puget Sound mainly via numerous coastal streams. City of Federa/ Way She/don & Associates, Inc. FINAL Wetland /nventory Report 1 July 19, 1999 . .zy= r i.; .;�.� _ :' Q . � U METHODOLOGY This section provides an overview of the process undertaken to conduct #he fieid inventory. The information is listed in the same sequence that was used in conducting the inventory, Pre-Inventorv Data Comailation The foliowing pre-inventory information was reviewed to identify potential wetland sites in the and to become familiar with the inventory area. Existing available information regarding aquatic resources and both existing and proposed City regulations were aiso reviewed. Topographic information for the base maps was from City sources for the area within the city limits, and from Sylvan Ascent Inc. for the unincorporated area. ♦ Mill Creek Basin, King County, Washington: Aquatic Resources Restoration Pian, U.S. Army Corps of Engineers, 1997. ♦ Hylebos Creek and Lower Puget Sound Basins - Current and Future Conditions Report, King County Surface Water Management Division,1990. ♦ Executive Proposed Basin Plan - Hylebos Creek and Lower Puget Sound, 1991 ♦ U.S. Soil Conservation Service 1973 Soil Survey King County Area, Washington (U.S. Department of Agriculture, 1973) ♦ aerial photographs, blueline (City of Federai Way 1992, Scale: 1°=100') ♦ aerial photographs� black and white (DNR, date unknown) ♦ wetland inventory maps (City of Federal Way GIS Department 1998, Scale: 1"=100', sources: City of Federal Way, King County � USFWS National Wetlands inventory) ♦ Federal Way Storm Drainage Maps (City of Federal Way 1992, Scale: 1"=400') Develoument of Field Data Forms and Generation of Base Maps Field inventory forms were designed to collect all desired data during the field inventory. Forms were reviewed by all staff involved in �he inventory to ensure consistent data collection and methodology. Information to be collected in the field included: wetland location, Cowardin class, wildlife features, hydrologic connections, human disturbances to the wetland, buffer condition, approximate size, and summary comments describing or characterizing the wetland and buffer. Additional information on the data sheet includes proposed rating, wetland identification number, base map number and 1/4 section-township-range. Other information such as soil type and actual size of the wetland were determined in the office with the soil survey and data from City staff. Base maps for ttie field mapping were generated by the City of Federal Way GIS Department. Blueline aerial photos for the area within the city �imits were also provided by the City. Black and white aerial photographs from the University of Washington Map Library were used for the unincorporated portions of the inventory area. City of Federal Way Sheldon & Associates, Inc. FINAL Wetland lnventory Report 2 July i9, 1999 � � � � � � � Field InVentorv and Manpinq All wetlands inventoried were visited in the fieid between September 1998 and February 1999. Although the majority of the sites were physically accessed, some of the wetiands were only observed and mapped from public roads and right-of-ways, sometimes using binoculars to coliect data. In some cases where sites were not accessible or visible, or were too large to practically map on foot, aerial photos were used to coilect some of the information. Wettands were mapped on base maps provided by the City. Each mapped wetland was numbered on the base map with a hyphenated prefix corresponding to its location by section- township-range, e.g. wetiand 52 was given the number 1-21-3-52. Each wetiand mapped had a data sheet associated with it. Wetiands smaller than 500 square feet were not inventoried. Post-Field inventorv Data Comqilation All base maps were checked against data sheets to make sure that there was a completed data sheet for each mapped wetland, and that no wetland numbers had been duplicated. In addition, the office portion of the data sheets was completed including soil type, and more accurate size estimates. Base maps were then delivered to city GIS staff for digitizing. Preqaration of Maps. Database and Reqort City GIS staff digitized all hand-drawn base map information, and created a database of all the inventoried wetlands and their sizes. That information was added to the main database that was created by Sheldon and Associates in the interim. The database was organized so that the two regions inventoried (Federal Way and the unincorporated area) are separate. A third region that contains wetlands that cross the boundaries of the City and the unincorporated area is also differentiated. Within each region, wetlands are listed in ascending numerical order by section- township-range. Summary information for the entire inventoried area was also compiled. A final written report summarizes the findings of the inventory. The final completed base map is not included in this report due to its illegibility at such a reduced scale. It is available from the City of Federal Way GIS Department. . PROPOSED WETLAND CATEGORIES Wetland Cateqorv The following proposed wetland rating system for Federal Way was used to rate the inventoried wetlands: ' Category 1 wetlands are greater than 2,500 square feet in area and meet one of the following criteria: C�ry of Federa/ Way She/don & Associates, lnc. FINAL Wetland Invenfory Report 3 Ju/y 19, 1999 F, � a. contain the presence of species or documented habitat recognized by �tate or federal agencies as endangered, threatened or potentially extirpated plant, fish or animal species; or b. contain the presence of plant associations of infrequent occurrence, irreplaceable ecological functions, or exceptional local significance including to but not limited to estuarine systems, peat bogs and fens, mature forested wetlands, groundwater exchange areas, siginificant habitat or unique educationai sites; or c. have three or more wetland classes one of which is open water. Category II wetlands are greater than 2,500 square feet in area, do not exhibit the characteristics of Category 1 wetlands, and meet one of the foliowing criteria: a. are contiguous with water bodies or tributaries to water bodies which under normal . circumstances contain or support a fish population, including streams where flow is intermittent; or • b. are greater than one acre in size in its entirety; or c. are less than or equal to one acre in size in its entirety and have two or more wetland classes, with neither class dominated by non-native invasive species Category III wetlands are greater than 2,500 square feet in area and do not exhibit those characteristics of Category I or II wetlands. Wetland Buffers Category I wetlands: 200 feet Category II wetlands: 100 feet Category III wetlands: 50 feet for wetlands greater than 10,000 square feet in area, and 25 feet for wetlands that are between 2,500 and 10,000 square feet in area RESULTS This section provides a summary and brief discussion of the wetlands identified by the inventory. Tables 1 and 2 below, summarize the inventory data in Appendix A. Entire Inventorv Area A total of 232 wetlands were inventoried —170 were located within the city limits, 55 were in the unincorporated area, and 7 wetlands had portions within both of these regions. More than half of the wetlands inventoried are less than one acre in size, and over 80% of the wetlands inventoried are less than 5 acres in size. Almost half of the wetlands inventoried are Category II wetlands, and 87% of the wetlands are either Category II or III. However, in terms of acreage, Category 11 and III wetlands only comprise 36% of the 1036.49 acres of wetland inventoried. The distribution of Category I, II, and III wetlands is fairly consistent with regard to acreage between the two major inventoried regions (FWAY, UNINC). The high percentage (95%) of Category I wetland acreage in the region of overlap (UNINC/FWAI� is somewhat skewed simply because there are three large wetlands that lie mostly within the unincorporated area, but have small portions that are within city limits. If these three wetlands were grouped with the other wetlands in the UNINC region, the acreage of City of Federal Way Sheldon & Associates, lnc. FINAL. Wetland Inventory Report 4 Ju/y i9, 1999 � � � � � Category I wetlands in the UNINC region would jump from 63% to approximately 75% of �- inventoried wetlands there. Thus, in the UNINC region three-quarters of the wetiand acreage is <; in large size, high quality (Category i) wetiands. Of the twenty-six Category I wetlands inventoried, fifteen are located within Federal Way City ,. limits. These fifteen wetiands comprise 50% of the total Category I wetland acreage in the entire inventory area � FIGURE 1- Totai Number and Area of Wetlands Inventoried by Proposed Rating WETLANDS INVENTORIED IN ALL REGIONS 120 � 100 80 60 � 40 20 7l_.�I;?=� PROPOSED WETLAND RATING Federal Wav (FWAY) Reqion A total of 170 wetiands were inventoried within Federal Way City limits. Sixty-two percent of the wetlands are less than 1 acre in size, and only 7% of them are larger than 10 acres. A total of 88% of the wetlands are either Category il or I11 wetlands, which represent 45% of the total wetland acreage inventoried in this region. Fifteen out of the twenty-six Category I wetlands in the entire inventory area were within Federal Way City limits; 70°/a of the Category II wetlands C�ry of Federal Way Sheldon & Associstes, Inc. F/NAL Wet/and Inventory Report 5 Ju/y 19, i999 L. �� were within City limits; and 79% of the Category III wetiands were found wi ' wetlands in this region are mainiy associated with West Hylebos Creek to the o hl� Lakot he � �� Creek in the central part of the region, and Joe's Creek to the northwest. FIGURE 2- Number and Area of Wetlands Inventoried in Federal Way Region by Proposed Rating sc �a so 50 ao 30 20 10 0 PROPOSED WETLAND RATING Unincoraorated (UNINC) Reqion � A total of 55 wetlands were inventoried within the unincorporated or proposed annexation area east of Federal Way. Forty-seven percent of the wetlands are less than 1 acre in size, and 15% of them are larger than 10 acres. A totai of 87% of the wetlands are either Category II or lll wetlands, which represent 37% of the total wetland acreage inventoried in this region. Seven out of the twenty-six Category I wetlands in the entire inventory area were in the unincorporated area; 27% and 20% of Catgeory II and Iii wetlands respectively were in the UNINC region. In general, the unincorporated area has a greater proportion, both in number and total acreage, of larger, higher quality wetlands, than the FWAY region. The wetlands in the UNINC region are � City of Federal Way Sheldon & Associates, Inc. FINAL Wet/and Inventory Report 6 July 19, 1999 WETLANDS IN FEDERAL WAY REGION � � � UM�EG. L. � primarily associated with Mill Creek to the east and East H ebos Creek area north of 300th St. and Dolioff Lake where streams dra ni into Mullen ugh and� the Green � River. --� FIGURE 3- Number and Area of Wetlands Inventoried in Unincorporated Region by Proposed Rating WETLANDS IN UNINCORPORATED REGION �o so 50 40 30 20 10 � C�] PROPOSED WEI'LAND RATING Unincorporated/Federal Wav (UNINC/FWAI� Reqion A total of seven wetlands are located such that they overlap jurisdictional boundaries, with portions of each wetland lying within the city limits, and portions outside of the boundary. Ninety- five percent of the wetiand acreage in this region is Category I wetiand, and most of it is actualiy located outside of the Federal Way city limits. Three out of these seven wetlands are greater than 10 acres in size. Functionally, the wetlands in this region are essentially in the unincorporated area, but they do cross jurisdictional boundaries. � City of Federal Way She/don & Associates, Inc. F1NAL Wetland lnvenfory Report 7 Ju/y 19, 1999 � � i.. TABLE 1. Distribution of wetlands within each region by proposed rating � � FV1/AY 1 15 9% 55% 14,394,200 330.45 �� 72 42% 41% 10,680,800 245.20 III 78 46% 4% 1,136,300 26.09 not regulated' 5 3% <0.5% � 8,300 0.20 Totals 170 26,219,600 601.92 UNINC - I 7 13% 63% 7,688,400 176.50 �� 28 5 1 % 34% 4,159,600 95.49 III 20 � 36% 3% 318,100 7.30 Totals 55 12,166,100 279.30 UNINC I 4 57% 95% 6,454,200 148.17 ; FWAY II 2 � 29% 4% 269,900 6.20 �� 1 14 % 1% 39,700 0.91 Totals 7 6,763,800 155.28 ENTIRE I 26 .11% 63% 28,536,800 655.12 INVENTORY , AREA �� 1�2 44% 33% 15,110,300 346.88 Iil 99 43% 3% 1,494,100 34.30 not regulated' �5 2°/a <0.5% 8,300 .19 Totals 232 45,149,500 1036.49 ' Wetlands that were inventoried, but are not regulated by Federal Way code due to size 2 Wetlands in this "region" lie within both the unincorporated area and Federal Way city limits � � City of Federa! Way Sheldon & Associates, Inc. FINAL Wet/and Invenfory Report 8 Ju/y 19, 1999 � � (� I � �: 3L � TABLE 2. Distribution of wetlands within each region by size � City of Federal Way She/don & Associates, lnc. FINAL Wetland Inventory Report 9 July 19, 1999 ' Wetlands in this °region° lie within both the unincorporated area and Federal Way city limits r w REFERENCES Federal Way. 1992. Aerial photographs, biueline. 1"=100'. Federal Way. 1992. Federal Way Storm Drainage Maps. City of Federal Way. Federal Way. 1998. Wetland inventory maps. City of Federal Way GIS Department. 1"=100'. King County. 1990. Hylebos Creek and Lower Puget Sound Basins - Current and Future Conditions Report. King County Surface Water Management Division, King County, Washington. . King County. 1991. Executive Proposed Basin Plan - Hylebos Creek and Lower Puget Sound. King County Surface Water Management Division, King County, Washington. U.S. Army Corps of Engineers. 1997. Mill Creek Basin, King County, Washington: Aquatic Resources Restoration Plan. U.S. Department of Agriculture. 1973. U.S. Soil Conservation Service. Soil Survey of King � County Area, Washington Washington Department of Natural Resources. NW-95 [aerial photograph]. 1:12,000. Olympia, Washington: Washington Department of Natural Resources, 1995. � `_ J . � ! Ciry of Federa/ Way Sheldon & Associates, Inc. FINAL Wetland lnventory Report 10 July 19, 1999 !�� Correspondence � �� Index of Correspondence Submitted to LUTC: 1. Carol Johnson, 10/4/99 2. llick Schoon on behalf of St Luke's Church, 10/4/99 3. A.J. Breburg on behalf of B& A Inc., 10/4/99 4. John Sterrenburg, 10/1/99 5. Wm. W MacPhail, 9/24/99 6. Michael Nowak on behalf of Washington Dept. of Community, Trade and Economic Development , 8/19/99 7. Mark Goldsmith on behalf of Washington Department of Fish and Wildlife, 7/26/99 8. John Sterrenburg, 7/13/98 9. Peter Townsend, 4/6/98 10. Mary Ausburn on behalf of Lakehaven Utility District, 3/30/98 11. Russ Ladley on behalf of Puyallup Tribe of Indians, 3/23/98 12. Peter Townsend, 3/17/98 13. Ilene Marcl�, 3/16/98 14. William Shields on behalf of Talasea Consultants, 3/5/98 15. Robert Scholes on behalf of ESM Consulting Engineers, 3/5/98 16. Susan Burgemeister on behalf of B-twelve Associates, 3/4/98 17. Ted Enticknap, 3/2/98 18. Mayetta Tiffany, 3/2/98 19. Bruce Harpham, 3/2/98 20. Peter Townsend, 3/2/98 ( 21. Barbara Petersen, 3/2/98 22. Elaine Mansoor on behalf of SeaTac Mall, 3/2/98 23. Liz Marshall, 3/1/98 24. Tom Vanderark on behalf of Federal Way School District, 1/26/98 Submitted to Planning Commission: 25. Monte Powell, 12/3/97 26. Peter Townsend, 12/3/97 27. Susan Burgemeister on behalf of B-Twelve Associate, Inc. , 12/3/97 28. Jim Miller on behalf of David Evans & Associates, 12/3/97 29. Ned Gulbran, 12/3/97 _ 30. Peg Altman, 12/3/97 C 31. Adele Freeland, 12/3/97 32. Michael Scuderi, 12/1/97 33.Ilene Marckx on behalf of Friends of the Hylebos, 11/20/97 34. Susan Burgemeister on behalf of B-twelve Associates, 11/19/97 __ 35.Anthony Roth on behalf of Pacific International Engineering, 11/19/97 36. Jim Miller on behalf of David Evans & Associates, 11/19/97 37. Robert Scholes on behalf of ESM inc., 11/17/99 38. Ned Gulbran, 10/3/97 C 39.Susan Burgemeister on behalf of B-twelve Associates, Inc, 9/30/97 40. Bob Griebenow on behalf of Federal Way Chamber of Commerce, 9/3/97 � �� L� October 4, 1999 City of Federal Way Land Use Committee Attention: Kathy Mc Clung I am writing in behalf of Vladimar Grabar who has purchased property on 312th S.W. to do a short plat, PRE98-0094, of 41ots. We are concerned about the designation of wetlands of approximately 8,000 sq. feet which says we have to have a 100' buffer around the outside of this area. In purchasing this properiy, Mr. Grabar who is the buyer, and I, Carol Johnson who is the selling agent, talked of the small area in front with some water during the rainy months but felt that a storm detention could take care of that. My question is: Why would a Grade buffer just like a Grade 4 would have. according to the size of the area. wetlands have to have a 100 foot It seems that they should be graded Grade 1 - 25' buffer Grade 2 - 50' buffer Grade 3 - 75' buffer Grade 4 -100' buffer This regulatiori tliat is now in place zlimir.ates this propertyy of 1.12 a�res that Mr. Grabar purchased for $75,000 and only has one lot that he can build upon. This creates an unfriendly atmosphere in the area for development. �s there anything that can be done about this? Th you f r your consideration of this matter! l��—� Carol Johnso Sales Associate Re/Max Realty West Please find enclosed pictures that show the front of this property on 312 SW and the area of wetlands. � � . �� reaity west 34815 pacific highway south federal way, washington 98003 phone: (206) 838-2500/952-5500 toll free: 1-800-76-REFER An Independent Member Broker - . �e' 1� � E �� . P�. _ , .. •�. �•�:I.. t�� .. -- _ . � .�. � ` .�'. t , . , ` '..� , � ... � �. 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NJA 98UO3 Office (253) 941-3000 • Fax (253j 94'-3994 E-Mail: church@stlukesfedway.org — Web S�te: �iww.stlukesfe�way.org City of Federal Way 33530 1 st Way South Federal Way, WA 98003 Attn: Councilman Phil Watkins David Moseley Scephen CliRon Subject: 100' Wetlands Setback on our property Dear Sirs: October 4, 1999 We have been reviewing the portion of our property that is in the Southwest corner of our church lot that fronts on 312th Street and is between 5th and 6th Avenues. It is the North central portion of property designated as block z9 on the City of Federal Way Tile Index map dated October 12, 1998. � have walked that property over [he lasc year or so, it has become apparent to us that we should qualify for a reduced buffer from 100' to 25' for that portion of our property. It was designated as Category III wedands when we secured our building permit for our 1998 sanctuary construction. By our interpretation of the City of Federal Way DRAFT Wedand Inventory Report produced by Sheldon and Associates, dated April 12, 1999, we do not fit the definition of Categories I or II. _ By or estimate the square footage of the total wetland of which we are a portion is substantially more than 2500 square fee[. The footprint of this wetland goes from our property through the property of New Hope Church, across the southeastern portion of the Staley property and onto the Johnson property. There does not appear to be any natural feeding of water into that wetland by spring or seepage. It appears to be only a collection basin for runoff from surface rain water. We walked the Staley property with Mr. Staley last week and did not see any standing or flowing water. We did not find anyone home at the Johnson property [o get permission to walk the wetland to its terminus (as shown on the attached map of the above mentioned properry). Ideally, we would like to have our property reclassified as a"Lowland" rather than a Wetland. Please advise us what we can do to expedite this revision. Regards, S , .� �� r � G �� r 2 _ G �-------- _ �hoon As ant Business Manager CC: City Council Members winwarddicks[Iukes2:57 PM 10/9/99 �;'�� Community in Christ at � � St. ��ke's ��tl teran � � ..jl Plac•c-.%ur,j�oti•� Maynard "Doc" Campbell (Ret) Volunuer Lutheran Church Extension Fund Braille Bib/e Printing Operation Blessing Good Samarrtan Network Kiwanis "We Build" 813 So. 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October 4, 1999 Federal Way Land Use and Transportation Committee City of Federai Way 33530 1 St Way South Federal Way, WA 98003-6210 RE: Wetlands Less Than 2,500 sq. ft. Sensitive Areas Code Revisions Dear LUTC: This letter is prepared for the October 4, 1999 Federal Way Land Use and Transportation Committee (LUTC) meeting. The LUTC is deliberating the proposed code revisions for sensitive areas. This letter addresses the issue of wetlands under 2,500 sq. ft. The LUTC is considering changing the City Code to exempt from regulation Category II and III wetlands less than 2,500 sq. ft. This is consistent with other jurisdictions. Following and attached are examples of wetland exemptions in two other jurisdictions. -- Thurston County 2,500 sq. ft./11,000 sq. ft./ 22,000 sq. ft. Flood plain/ urban area / rural area �� Pierce County 2,500 sq. ft. / 10,000 sq. ft. Category III/ Category IV P. O. Box 1337, Gig Harbor WA 98335 USA 253.858.7055 FAX 253.858.2534 The exemption of Category II and III wetlands less than 2,500 sq. ft. from regulation is justified for several reasons. � • A threshold area of regulation must be established to allow consultants and City Staff to physically agree on the size of areas regulated. This prevents areas of 10 to 1,000 sq. ft. from needing attention. • Wetland areas become so small that the functional values do not warrant the cost to society needed in their regulation. • Small wetlands, when regulated less than 2,500 sq. ft., are a burden to the land owner and City Staff. • Single family residence owners will be able to avoid regulation of small mudholes in their lawns. • Many small wetlands are the result of stormwater dumping, culvert crossings, road construction and other man made activities. Exempting wetlands under 2,500 sq. ft. will prevent liability issues for the parties responsible for the creation of the wetlands. • It is highly unlikely that any Category I wetland will be found less than 2,500 � � sq. ft. Should the categorization system change to create many Category I wetlands under 2,500 sq. ft., the ordinance should be revisited and possibly include Category I wetlands in the exemption. As a professional, involved with an average of 200 projects per year, I recommend the exemption of regulation of Category II and III wetlands less than 2,500 sq. ft. -- cerely, A.J. BreQberg Professional Wetland Scientist attachments � � � ^- -- '* ..� e a rores� practices regulated and conducted in accordance wi�h the provisions of Chapter 76.09 RCW and forest prac�ice regulations, Title 222 WaC, and ahich are exenpt from Pierce County jurisdiction; . a, . � . . . .....; � _ ...._. .---�---• _ . ___:__.�_. _ _:...;:�;::.:�:.�:r.....�.��.s.. . ..�..: ..� . .. _ . ._ _ .. _ _ . �� ..__� .�..f...�._._ . .�.. . .. _._ . _. .__. _._. . . . r i7.;2.050 Exemptions. , � _3 The fo?lowing activities are exemp� from the provisions of this 2T Chaater: 25 A. Existing agricultur�l activities. The activities cease to be existing when the area on whic� thev were conducted has been 26 converted to a non-agricultural use or has lain idle both mora than iive year= anc so long tha� modi�ica�ions to �he 27 r_ydrolog�cal regime a=e necessary to resume agric�sltural activitias, unless the idle land is regis:.ered in a f ederal or �°� state soils conservation progra�; Activities in arti�icial wetlands, except as set forth in 17.12.020 Definitions, rAK; • � .� �� I l.i u ,.� 15� � lo 17 iS � Ac�ivities a�f ecting: 1. 2. f /e � Ge, Category III wetlands which are less than 2,500 square f eet; . Catecory IV we�lands which are less �han 10,000 scua=e f set; Placer.►ent oi access roads, utility lines and utilitv poles across a Category IV wetland and/or a buf�er for a CateSory �V wetland if there is no reasonable al�ernative; F. Maintenance or reconstruction of roads existing on the e�fective date of this Chapter, provided tha� recons�ruction does no� involve expansion of facilities; G. For �he �ollowing utili�y line activi�ies, when unde��}:zz pursuant to best raanageu�ent practices to avoid impac�s to wetlands: 1. Normal and routine maintenance or r��air o� exis�ing utility structures or rignt-of-way. 2. Relocat?on within im�roved rignts-of-way cf eiectric facilities, lines, erluipment or appurtenances, nct including substa�ions, wi�h an assoc�ated vol�age o� 55,000 vol�s or lsss, only when reqLired bv a?ocal 5overnmen�al agency. . 3. Reloc��ion with�� improved rights-of-way of Ltil�ty _ . . . , --- -_,._ _.L__ �_�...___ t.... .,, � ,, , , i�l.r S fo,� a, � 117. "Wetland edge" or "wetland boundary" means the line delineating the outer edge of a wedand established by using the Cor�s of .n 'nePn Wedands Delineation M�nu 1, (1987) with "Washing nn RP�i�nal Guid ncP on the 1987 Wedand Delineation M n»al," (1994). Refer to Figure 15 and Appendix E. (Ordinance No. 11200, 06/03/9� 118. "Wetland habitat types" means descriptive classes of the wetlands taxonomic classification system described in Classification of Wedands anct Dee� Water Habitat of the nited ate� (Cowardin, 1979 as amended). Refer to Appendix F. 119. "Wetland, unrated" or "unrated wetland" means a wedand which has not been rated by Thurston Counry as a Class I, II, or III wedand using the 44�ashington t?te We 1 nd Rating�ystPm fnr �7e�tern Wathin �n (1993) as amended. Refer to Appendix G. 120. "Wetlands" means areas that are inundated or saturated by ground or surface 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. Wedands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wedands intentionally created from nonwedand 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 wedands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wedands may include those artificial wedands intentionally created from nonwedand areas created to mitigate conversion of wetlands. (Ordinance No. 11200, 06/03/9� 121. "Wetlands" regulated under this Chapter dc5 not include: a. Less than 2,500 square feet of such areas which lie adjacent to a stream or within its 100-year floodplain, or 11,000 square feet within any adopted Urban Growth Boundary, or 22,000 square feet elsewhere within rural Thurston County, and b. Areas with some wedand characteristics which were intentionally created from nonwedand sites. .(Ordinance No. 11200, 06/03/9� �� 200 - 22 � � � Kathy McClung City of Federai Way 33530 1 st Avenue South Federal Way, WA 98003-6210 Dear Ms. McClung, P. O. Box 745 Ocean Shores, WA 98569 October 1, 1999 _ Wiii you �please give this tetter to the City council. I am the owner of five (5) acres of land - tax lot #H-202104-9017-09 This #ive acres of land is located on 1 st Avenue South, approximately 1/4 of the way south of 348th, on the 1eft hand side. The drive way into the property is now slightly over grown with brush. t have owned this property since 1945 and paid the taxes every year. I do not wish to have the 5 acres zoned into the wetlands 200 foot set back. I am enclosing some newspaper articles I have photo copied from the local news papers. I believe this is stealing land from the owners, that still must pay taxes on the property. This piece of property is valued at $304,000.00 and I pay $4,2�9.19 per year in taxes. Please exempt this property. Your truly, J n Sterrenburg RECEIVED BY � � �N�y pFVELOPMEN? � OCT � 1.1999 .4C, � Ecolo gy bc�cks o i n wa ke 0 outc � C� ;� sY MAROARET ELLIS DAI�� WORLD WRITER OLYMPIA --'fhe state Depart- ment of Ecology will make "sub- stantive changes" to the p�roposed shoreline management guidelines that generated a tsunami of' oppo- sition in ruraI areas. While the�'s no specific date set for release of the re��ampE�d gu ide- lines, the department plans to sub- mit them during the legislative ses- sion that begins in January, according to Ecology spokesman Ron Langley. That is what coastal legislators had asked. Langley said today that the department received about 2,000 comments concerning the guide- lines, which called for land use restrictions within about 150 feet of shorelines. A movement that began in Pacific Counry called it "errvironmental communism." A Departrnent of Ecology hear- ing last month in Montesano was preceded by a rally that drew more than a thou.sand opponents of the proposed rules, "It has given �-= - ason to go back and take a�,,,�g look at this proposal," Langley said of the response. � The decision to revamp the Pro- posed guidelines ptrn the public process works, the spokesman said. Grays Harbor Counry Commis- sioner Bob Paylor agreed. "This is the way government should work," the Hoquiamite said. Paylor said he hopes Ecology comes up with "something rea- sonable" this time around. Asked if the changes Ecology managers are studying are less restrictive, Langley said he could not provide specifics. But the changes will be signifi- cant enough to start the process over again, he said. Reps. Brian Hatt�eld, D-Ray mond, and Mark Doumit, D-Cath- lamet, submitted a bill during the special session last spring to restrict the Department of Ecolo- gy's ability to enforce any new shoreline rules. Hatfield had said that he would submit the bill again when the legislature con- vened in Z000. Also o�rtspoken in opposition to the rules was Senate See ECOLOQY, Page A5 ' C�iVLVt�I T FROM PMiE 1 M�ority Leader Sid Snyder, D• Long Beach, who took his case to the Gavernor's Office. As they draft the new propased t ules to preserve and protect shoz�eline habitat, Ecology man• agers plan to meet with local offi- cials and �ake a look at each of the Z,000 comments received on the issue, Langley said. "You really need to go throttgh the public pctic�ss and rev3evn," the EcoloBY �kesraan said. "That is clear just �rom the range and inten- sity ot' con,ments we reoeivea. �armers and rural 1en�►mak�ers said the origtnal ProPosal� an uPdate o2' the Slhotelirie Nfanag�ne�t Act of 1971, was both v�ague and omnip� bent They safd it would ha�e gtv�ett l__/ �� F.00logy the abillty to enforce 150 setbacks n�rshore- lines — tantamrntnt to seizut�e of land — and restrict impor- tant erosion control � � measures. p� Pacific County Commissioner Norman CuPE�I said the decision to revise the proposed rules was prompted by the pressure �om rural residents and local govern- ment otticials. �2 � $13t �'1@y V{(OU� �ViB V�2Y'y much liked to E�roe these things onto us In theformthat they had rel�sed them, but there's just so much pres- si.n�e stabewlde," he said toda� � � � � � �� / THURSDAY, JULY 29,19$9 AA �. TWIN HARB�ItS . � . Monte council o ose� : shoreline lan pp p 3 Council mem,�ers said proposed changes in the ShorelineAct puta disproportionate burden on rural areas. BY TERRY LONEY DAILY WORLD WRITER MONTESANO — Tuesday night, the Montesano City Council added its voice to the growing cho- rus of cities opposing proposed changes to the the state Shorelines Management Act. The council's 42 vote in favor of a resolution opposing the pro- posed changes was more of an expression of opposition to the method, not the intent of the changes. All the council members said they agree that somethi�ig needs to be done to improve salmon habitat, but feel the burden that would be placed on cities and property owners in rural areas by the Department of Ecology is dis- proportionate when compared to the burden that will be placed on urban areas. Changes include revegitating stream and river banks in a pro- posed 15afoot buffer area. The clty has land on the banks of the Chehalis River, and Sylvia and Schofield creeks, The Scho�eld Creek passes through the middle of Montesano. Wednesday morning Council- man Doug Iverson saiQ the pro- pased changes are "half baked and are not grounded in good sci- ence. He added that.he aLso oppos- es the changes because "tirst and foremost it is a mandate with no tLuiding associated with it. It boils down to dollars for the city's part," and the burden it will place on pri- vate individuals. The effort looks good on paper but is costly in practice, he said. Councilmen Larry Grigsby, Jerry Nootenboom and Mary Ann Norquist also voted to support the resolution opposing the changes. Councilman JefF Meeks voted againsf the resolution because of the wording of the resolution, not because he is in favor of the changes, he said. "It uses words to the effect that Ecology dces not plan to get public input and will not take the region's priorities into account," he said yesterd�y. "That is not what was � `T'he propo'�als are th�t, minimum of r� ��ta t w�e ,e � need to do to b�`su�c- .: cessful (f nr salrhon 1�C0�� . , , ,�sed �hanges. "I think that what the DOE is ��proposing is fairly reasonable," . h�. said Wednesday. "The propos- als are the minimum of what we ° need to do to be successful in the future (for salmon recovery �; efforts). There is a fafr amount of ;"; t+�7t�bllity build into it" to devel ' fnethods to handle local cb� tions �a L COUndllnaltl Ridtar+d ��°,' , � noted the proposed cha i� . � are'�tlearer, better defined and. One of two councilmen �#,.d' �: offer better direction th�n the cur- oppose the resolutio�t said (by) Ecology ... they wan� more input." ! �nt regulations. • ' He added the changes'are als� in -1ine with efforts to redu�e the �co- nomic losses caused b3• flood,� by restricting development in fl�od He added he agrees with thE^ pro�e areas. general consensus that the,� Iqer,�on added that salmon "i.� a changes will have a disproportion- ��resour� that has been managed ate impact on rural areas and that l�,tS ��uear extinction" and more it is an unfunded mandate. aifientfon needs to be given to har� "It is going to require a lot of �veSting practices -- not just con- work on our part to inventory the c � on ,�ha��itat "There shorelines" and a lot of work on nE�+gds to be a�i overall ef�ort (and) our part to increase shore side ve8- the��e �ms to be a large piece of etation, he said. the�4question that has not beer� Councilman Richard Stone, who ftal addressed." works for the state Department of • Fish & Wildlife in the licensing T 4oneyr, a Daily World wrtter, aan department, was the only member � at 532-4000 er� 137, or by philosophically in favor of the pro- e- y 4 �ttbney@th�dailyeu�rldcam ,. • �.� :�► tate a enc oe s tc� . g Yg :far with shareline ru es ; 8y 5tate RepresentaUves Joyce Mulliken and Tom Mlelke _ 3 � I1' y�u aw�n .hareline property - whether it's along the ocean, a Iake, riv- �cr ��r streum - ynu may be shocked by the plans a state agency has for your lanci. ; The 5tate Dcpartment of Ecolagy {DOE) recently propvsed drastic -chan�es a� the H�uy Washington shorelines are govemed. Citing environ- • mental and sulman habitat concerns, the DOE wants to aiter the state's � Shoreline M anaeement Act and place significant restrictions on land along ; all bodic� ol' watrr - from the oceari and the lazgest rivers to lakes and the � �mullest crceks. The buffer zones the DOE is propc�sing would apply to public and pri- _ vate property. Uevclop,nent, Agricultural and even recreational activities, ', �vould be highly regult�ted. DOE is estimating that the buffers could be ;��nywhere frum 9O to 300 feet in Western Washington and anywhere from : 60 to I 3U f'ect in Eastern Washington. Addiuonally, DOE is hinting that :50-Coot "no-touch" buffers may be needed alon� some bodies of water - ' peoplc wc�uldn't even he ahle to walk in those areas. tilany people are aghast at DOE's plan. Legislators, local governtnent � atTicials, frumers and citizens who own property aze speaking out against � this brazen attempt to take away property rights and burden tocal govern- •; �nents with the costs of enforcing the proposed rules. : After considerable public und legislative outcry, the DOE agreed to hold ; hearings across the state for people to give their input.'Ifie first DOE hear- +ings were in May in Ellensburg, Spokane, Olympia and Seattle. Additional : hearings were held in luly in Okanogan, Pasco, Bellingham, Montesano ' and Vancuuver. And on June 21, the House Local Govemment Committee : held a day-long session in Moses Lake to hear about the potential impact • of changes Io shoreline laws. During six hours of testimony from citizens : and local official�, not one person spoke in favor of DOE's plan, ; Perhaps the strungest argument against DOE's proposed guidelines is � that they are inconsistent with exisdng law; the state Shoreline Manage- = ment Act. The original law allowed and protected activity - within limits - along shorclines. Now, all of a sudden, DOE is essentially trying to change the law�' goal - without le�islative approval - to complete "restoration" of �horeline.�, � r� � ; ��rc�vi�)ccl tc� thc u�ency by the Shorelinc M�nagement Ar• wncu �uc �,.,�- islawre passcd land use re�ulatory ref'orni legislation in j, we made it clear �hat Growth Management Act comprehensive plans fiot shoreline master plans. H�ould he the framework for ull land use pkinnin�. These additional regufatory burdens would be thrust upon cities and ' cuuntic� at a time when their resourres are already strained due to Growth ;�lanagcment Act planning, compliance, and appeals to growth manage- • rnznt heurings tx�ards. ' Cleurly. the DOE is averstepping its bounds. It is attempting to radically � rht►n¢e .tate law withaut the Legislature's approval. Last summer, the 1x)E made a half-hearted attempt to give its proposed rule changes the ve- : ne�r of credit�ility hy convening a group of "stakeholders' who would be ( ultcrtcd by the new rules. This group was supposed to help re-draf� the ; state's �horeline guidelines, but property owners, business owners and • memtxrs uf the ugricultural communiry couldn't continue the discussions ;� berause thr DOE was not uddressing their conctrns. •, The I�OE ha, said it will accept public comment on its proposed shore- : line ruleti an{y through Wednesday, August 4. it has set Tbursday, October ; 7 l, as the date ta deride whether or not it will adopt the new rules. This is • 1'ar iou hasty a time line for such a serious and far-reaching issue. The bot- �: t��m line is this: if the people are to have a representative form af govem- .; ment, the L.egislature must hav$ the final say in this matter. � During the 1999 session, the [..egislature had a chance to assert its auehor- ; ity and prcvent the DUE from unilateraliy imposing new shoreline rules. �, F�ouse Bill 2176 would have required the DOE to submit its proposed ; g*uideline� to the Le�;islature for approval, The bili passed out of the Local ; Government Committee with full support, but, unfortunately, the House � Demacratic leaciership put a hold on the bill, and it never reached the House � tloor for a vote. We hope we can pass a similar bill next year. The Legislature must have . the opportunicy to provide a public forum for citizens if new shoreline rul�s �t�: to be implemented. Although the DOE's public hearings this summer '.u�e �iving peopie some chance to air their views on the proposed nales, we , should have a much more thorough process of public input and legislative • rcview h�fc�re any changes are made to the law and any more taxpayer dol- •: fars t�re spent. � � August 24, 1999 Cathy McClung Deputy Director Community Development Services City of Federal Way 33530 lst Way South Federal Way, Wa 98003 Dear Ms McClung, � Greg Fewins said that you would be the person that could get the following to the proper commitee which is considering modification of the recently adopted wedands issue in Federal Way. I understand thay are considering adopting an exemption for small "wetlands". I would appreciate if they would take the following scenario into consideration. I have owned two building lots in Federal Way for about twenty years. (tax parcel #s 51532000-35, and 51532COJ- :�). �t�e h�ti over the yearc fenced them i�, paid the water and sev��er assessment, landscaped them into a park like setting, and needless to say, paid taxes on them. We had an offer to purchase them about threemonths ago (approximately $200,000.), and upon going to the city for the start of a feasibility study, there was a note in the file of "standing water". (A pond that we built for swans that we had at the time) This note raised the wetlands issue which had to be addressed. After conferring with Mr Fewins, I agreed to hire wetlands consultants to study the lots. Their indepth analysis found three relatively small areas that are "...potential wetlands...". Because ofthe current stand the City has on wetlands, the bearucratic maneuvers were overwhelming for the buyers, and they backed out of the sale. Needless to say, I was perturbed at the loss of the sale. I submit this to ponder: There is probably not a single lot within 1/2 mile of the sound that could withstand the analysis of the consultants without finding some "...potential wetlands..." The nature of the soil and drainage to the sound will make pockets of these areas even if the most maticulously groomed lots. All the lots around ours with the exception of the one just to the south have been built on, and every one, without exception has had to address a drainage issue. Adding to the problem on our lot is the fact that the city drains the entire upper part of Marine �ew Drive into the lot directly above ours, and during a rain, even a light rain, the water runs through the city culvert, and cascades into our lots. I had a drainage and retention area installed at the north end of the lots that was approved by the county before Federal Way was a city, and regrading my lots wou(d likely remove most ofthe "...potential wetland..." area, but the note is still in the file, and with the current stand on the issue, my lots are virtualy not marketable. If this problem is addressed as Mr Fewins indicated was proposed, that small areas would be exempt, my problem would be addressed, as well as many others that are in the same predicament. ff I am "ordinanced' out of the use of my lots, the city will stand a major expense in purchasing same, and I am sure that my � situation is not unique. I�pp; e�iz*.e yo�.:r ;i�ne :;,:,dy.b ,t�.is, arsd I hope I mac:e my point. I ur�e you to adopt tne exemption of smail wetlands from the current ordinance. If I can offer any more insight into this problem, I will be more the willing to do it. L n Thank you for ur consid a . �'`` � � �.:� ` �v�v Wm acPhail PO Box 672 South Prairie, Wa 98385 (360)897-9433 (253)952-2110-days RECEIVED BY rneenni iNiTy nFVFLOPMENT DEPAR7MENT AU� 3 0 1999 �� k _ ., � R �F, STATt. O � � � S O 2 � IBB9 � y � STATE OF WASHINGTON DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DFVELOPMENT 906 folumbia St. SW • PO Box 48300 • Olympia, Washington 98504-8300 •(360) 753-2200 August 19, 1999 The Honorable Ron Gintz Mayor, City of Federal Way 33530 First Way South Federal Way, Washington 98003 Dear Mayor Gintz: Thank you for sending us the draft Environmentally Sensitive Areas regulations proposed for the City of Federal Way. We recognize the substantial investment of time, energy and resources this document represents. This letter summarizes our comments on your draft ordinance. � We have included the comments from the Washington Department of Ecology (Ecology) � with regard to the City of Federal Way's draft Environmentally Sensitive Areas regulations into this letter. Although the Department of Community, Trade and Economic Development (CTED) coordinates the review of comprehensive plans and development regulations, we rely on the advice of other agencies on some issues, especially in the review of critical area regulations.. Ecology is a good source of advice on how to include best available science in developing policies and regulations to protect the functions and values of critical areas as required by RCW 36.70A172(1�. We especially like the following: DIVISION 7. REGULATED WETLANDS Section 22-1356(c). Drainage Facilities � We concur with Ecology that the language in this section is well written in determining whether specifically stated drainage facilities "...which were designed to impound or convey water for an engineered purpose..." are not considered regulated wetlands provided these facilities meet a set of detailed criteria listed in this section. Section 22-1357. Wetland Classifications and Standard Buffers • CTED and Ecology commend the City for the proposed buffer widths. The ordinance provides that category I and II wetlands shall have a standard buffer width of 200 and � 100 feet respectively. We encourage adoption of these standards. � RECEIVED B`� •.^,(}1RU.,r JN�T`( �FVFI_0?�A�tiT D�PARTM�N� L1itT %' iq o��.� ��° za The Honorabie Ron Gintz August 19, 1999 Page 2 C � Section 22-1357.5. Modification of Standard Wetland Buffer • The ordinance requires an applicant to demonstrate to the satisfaction of the City that proposed buffer averaging would meet certain criteria. These criteria include, but are not limited to, no effect on the water quality entering a wetland or stream, no adverse effect on a habitat area within a sensitive a�ea or buffer, and no creation of unstable earth or erosion hazards. Section 22-1358(e)(1). �Mitigation Plan • The City requires mitigation plans to contain the following elements: environmental goals and objectives, performance standards, detailed construction plans, timing, a monitoring for a minimum of five years, a contingency plan, and performance bonding in an amount of 120 percent of the costs of impfementing each of the above elements. We have noted a few concerns, which we recommend you address. They a�e as follows: Chapter 22 Section 22-1. Definitions • The ordinance states regulated wetlands shall mean those areas greater than 2,500 � C square feet. Establishing a minimum size for regulating wetlands may be appropriate for the lower value wetlands, but size alone� is not a relevant factor in the determination of a wetlands functions and values: We recommend there be no minimum size exemptions for Class I and II wetlands, but that 2,500 square feet may be appropriate for Class III and IV wetlands only. Accordingly, we concur with Ecology's recommendation that you delete the exemption from the City's wetland regulations of "areas defined as a regulated lake" and "Lower Puget Sound 1 and 51." Ecology notes that vegetated wetlands occur along the shoreline edge of lakes and require p�otection under the Shoreline Management Act (SMA). Similarly, vegetated wetlands along Puget Sound's near shore are critical habitat for Chinook salmon and should not be exempted by the City from protection under the City's critical area ordinance. The City's classification of streams into three categories: streams, majo� stream and minor stream may create some regulatory confusion. Most jurisdictions apply the Washington Department of Natural Resources' (DNR) Forest Practice Boa�d's water typing system for classification of stream types (WAC 222-16-030). The ordinance p�ovides that for "major streams" where a natural permanent blockage precludes the upstream movement of anadromous fish shall be regulated to a lesser buffer sta�dard or 50 feet, and that these streams be categorized as a"stream." With this provision, you do not anticipate natural or man-made improvements and� � restoration of the upland "major" stream to a normal flow pattern. By not regulating The Honorable Ron Gintz August 19, 1999 Page 3 � land use for cur�ently blocked streams to the higher protective standard provided fo� fish habitat, you would potentially adversely impact the stream's function for water quality, sediment control, temperature and other habitat needs. for anadromous fish. The City may want to consider omitting this language from the ordinance. DIVISION 1. GENERALLY Section 22-1223. Jurisdiction Ecology notes that the code applies to subject properties depending on the distance from the regulated feature. You may consider inc�easing the distance "trigger" to ensure that adequate buffers are protected. For example, (5) states the code applies. if a subject property is within 25 feet of any regulated lake. There may be a situation in the City where a wetland associated with a lake extends the boundary of the wetland more than 25 feet from the edge of the lake. A similar situation may arise when a 200-foot buffer is required on a Class 1 wetland, but the property is outside the 100- foot limit as stated in (6) under Sec 22-1223. • Section 22-1244(c)(1). Reasonable Use of the Subject Property • The ordinance allows for an applicant to apply for a modification or waiver from the provisions of this article on a case by case basis based on criteria listed. Language in � the following criteria should be changed, which cur�ently reads: "The application of the provisions of this article eliminates any profitab/e use of the subject property" [emphasis added]. 1Ne recommend changing "any profitable" to "all reasonable" to be consistent with current case law on constitutional takings. Otherwise, the property owner could argue that any proposed use is a profitabte use. We understand that during the original development of this ordinance the City had been looking at wetland issues only. Further, we also understand the City had been conducting a wetland inventory and has not yet conducted a sfream inventory but plans to in the future. We have the following comments on issues that should be addressed w#�en you amend your Sensitive Areas ordinance to include all perti�ent components of a critical areas ordinance consistent with RCW 36.70A.030(5). DIVISION 4. GEOLOGICALLY HAZARDOUS AREAS DEVELOPMENT This section of the ordinance offers some good methods for �egulating uses within the geologically hazardous areas. The comprehensive plan also provides some good policy direction to be met by the development �egulations. The ordinance could be strengthened by p�oviding better integration of comprehensive plan policies with development �egulations. . Comprehensive plan Policies NEP 46, 47, 48, 49, 50, 51, 52 and 53 should guide these regulations. For example, Policy NEP 51 states that, "the City should develop � special regulations that address construction on or near marine bluffs of Puget Sound. Regulations should take into consideration landslide potential, d�ainage and vegetation The Honorable Ron Gintz August 19, 1999 Page 4 removal." Policy NEP52 further states, "proposals for development on or near marine � bluffs should substantiate, either through design or adherence to special development regulations, that the development has less than a 25 percentage chance of failing by collapsing, or becoming dangerous and/or uninhabitabte due to slope movement within a 50 year time period." � Knowledge of the types of soils, the degree of slope, and the general size and depth of the landslide feature is needed to establish a threshold distance by which a development permit is �equired. Of concern is the 25-foot distance on or within the area where development activities are proposed to occur. This may be an appropriate distance for some geological areas, but not enough for others. Sir�ce slope tops recede, property owners should not build to the edge of the slope (e.g. within 25 feet). An appropriate sized buffer zone should be established from the edge of slope to protect both structures and slope integrity. Additional drainage requirements may be necessary to ensure stability. The recommended dimensions of the buffer zone should be determined by the geotechnical analysis conducted by a qualified expert. DIVISION 5. STREAMS Section 22-1311. Rehabilitation • This section provides the director of Community Development Se�vices with the discretion to require or not require an applicant to retain the services of a qualified � � p�ofessional in preparing the restoration plan. The ordinance should list crite�ia applicable in making this determination by the director. We would suggest that the "may" be changed to "shall" to ensure stream rehabilitation projects are designed, � implemented and monito�ed using professional guidance. In addition, Ecology has noted this section �eferences maintenance of "inappropriate vegetation." The City may want to provide a list of species it deems to be "appropriate." " The stream buffer widths should be increased to provide optimum benefits. The City is currently proposing 100' buffers for "major .streams" and 50' for "minor streams" from "the top of each bank of a major/minor stream." Stream buffers need to be based on stream type and width and should be delineated from the ordinary high water mark. The Washington Department of Fish and Wildlife (WDFW) has conducted an exhaustive review of the scientific literature regarding the protection measures necessary to preserve or enhance anadromous fisheries and wildlife habitat and believes the Prio�ity Habitat Species Management Recommendations for Ripa�ian A�eas represents best available science. These recommendations include the following stream classifications and their recommended buffer widths for rivers and st�eams in western Washington: TYPe and 2 .............................:....................................250 feet Type 3(5-20 feet wide� ...................................................200 feet Type 3(less than 5 feet wide) ..........................................150 feet � �' •. Type 4 and 5 11ow potential for erosion or slope failure).......150 feet � ' ' � ' The Honorable Ron Gintz August 19, 1999 Page 5 � Type 4 and 5(high potential for erosion of slope failu�el...225 feet Larger buffer areas may be required where priority species occur. We realize that it may not be possible to require buffers of these widths in all cases; however, these standards can be applied on a case-by-case basis based upon site- specific and watershed system information, such as identified fish and wildlife habitat biological .needs, site topography; hydrology and other factors. DIVISION 8. REGULATED WELLHEADS Federal Way's comprehensive plan clearly identifies areas susceptible to ground water contamination (Policies NEP 10, 11, 12 and 13). Upon completion of a wellhead protection program, the City should have corresponding development regulations to ensure these areas are p�otected. - We have the following suggestions to strengthen your ordinance: Section 22-1309. Culverts • The City may want to consider adding the following language: "The city will use a . stream conveyance system, which must have natural st�eam bed materials in the bottom to replicate habitat conditions in the natural stream channel. The preferred conveyance facility is a bottomless arch culvert." Further, "if a artificial bottom culvert � is used, the city recommends an elliptical culvert due to the wider channel bottom." The City may also want to consider indicating in the ordinance. that it �etains the option to consider the use of new water crossing technologies as they emerge. DIVISION 6. REGULATED LAKES We agree with Ecology that the ordinance should list which lakes are "regulated" as there are not that many lakes in the City. We were unable to locate any linkage to the City's Shoreline Master Program. The ordinance should proyide this referenc�e for consistency. We have also reviewed the comments provided to you by WDFW and encourage the City to give consideration to WDFW's recommendations. Congratulations to you and your staff for the good work your draft revisions embody. If you have any questions o� concerns about our comments or any other growth management issues, please call me at (360) 753-2951, Ike Nwankwo at (360) 586-9118 or Chris Parsons at (360) 664-8809. Additionally, Ecology has expressed its willi�gness to work with Federal, Way and provide technical assistance �egarding sensitive areas. Please contact Erik C. Stockdale senior wetlands specialist for Ecology's Bellevue office at (425) 649-7061 . � �� , .. � � The Honorabie Ron Gintz August 19, 1999 . Page 6 � � � � � We extend our continued support to the City of Federai Way in achieving the goals of growth manage�nent. Since�ely, Micha 1 � . G�owth Management Planner Growth Management P�ogram. MJN:iw cc: Kathy McClung, Deputy Director, Community Development Services Erik C. Stockdale, Washington Department of Ecology Millard S. Deusen, Washington Department of Fish and Wildlife � Don Nauer, Washington Department of Fish and Wildlife n � � ��E ST�Tf O � o � � x �� n � 3 • y y '� 7PBP a0 STATE OF WASHINGTON DEPARTMENT OF FISH AND WILDLIFE 16018 Mill Creek Boulevard • Mill Creek, Washington 98012 •(425) 775-1311 FAX (425) 338-1066 � July 26, 1999 Kathy McClung, Deputy Director Community Development Services City of Federal Way 33530 First Way South Federal Way, Washington 98003 Deaz Ms. McClung: Thank you for the opportunity to comment on the draft Federal Way Sensitive Areas Ordinance. The purpose of these comments is to help ensure that this ordinance meets the requirements and the spirit of the Growth Management Act with regard to protection of fish and wildlife. Congratulations on the progress you have made in this review process. The Washington Department of Fish and Wildlife (WDFV� has a number of recommendations to further improve protection of fish and wildlife in Federal Way, including the following: Wetland protection: Wetlands aze a key component of the natural hydrological cycle. They absorb rain water, filter and purify it, and release it slowly into waterways and underground aquifers over time. This decreases the frequency and severity of both floods and dry periods and supplies clean water, along with providing many other benefits to society. Wetlands aze also extremely important to a wide variety of fish and wildlife species. The proposed buffers to protect wetlands from degradation or destruction are 25 to 200 feet for the three wetland categories in the proposed classification syst�m. While these buffers meet the Washington Department of Ecology (DOE) recommendations for low-intensity land use areas, you could better protect these valuable habitats by adopting the DOE recommendations for wetlands in high-intensity land use azeas (see table): �� State of Washington High-intensity Low-intensity wetland category land use land use Category I wetlands 300 feet 200 feet Category II wetlands 200 feet 100 feet Category III wetlands 100 feet 50 feet Category N wetlands 50 feet 25 feet ��^ � RECEIVED BY INITv DEVELOPMENT DEPART�If JUL 2 8 1999 With these buffers, the city's ordinance will reflect the best available science on wetland protection in urban areas. � Buffer avera�g: In this draft, required wetland buffers could be reduced up to 50% in some circumstances. If given time for recovery, even damaged sites may have much more potential for regeneration and recovery than is apparent. However, reducing a buffer by 50% will eliminate the potential for recovery for half of the site. WDFW thus recommends that if buffer reductions are allowed, a smaller figure be used. Stream buffers: Government agencies at all levels have a responsibility to aid in the restoration of declining salmon populations. The vegetative buffers protecting streams in Marysville range from 50 for minor streams to 100 feet for major streams. These buffers are below those WDFW considers necessary to protect their usefulness to fish and wildlife, or even to protect against adverse effects to the quality and quantity of water entering the streams. WDFW has conducted an exhaustive review of the scientific literature regarding protection of riparian (streamside) habitats, and the buffer recommendations resulting from this review constitute the best available science on the subject. They are as follows: Stream type (DNR water typing system) stream buffer (feet) Type 1 or 2 250 Type 3(5-20 feet wide) � 200 Type 3(less than 5 feet wide) 150 Type 4 or 5(with low potential for erosion or slope failure) 150 Type 4 or 5(with high potential for erosion or slope failure) 225 Larger buffers may be required where priority wildlife species -- occur. In light of the strong emphasis that has been placed on protection of these valuable habitats, WDFW strongly recommends that Federal Way increase its buffers, preferably to the standards listed above, to accomplish this goal and reflect the best available science. Thank you again for this opportunity to comment. I hope these comments are taken in the constructive manner in which they are offered. If you have any questions about these comments, please feel free to call me at 425-379-2308. 1�_J � Y { Sincerely, � f''� � �� N� Mazk Goldsmith Habitat Biologist (Priority Habitats and Species/Growth Management) cc: Ted Muller, Washington Department of Fish and Wildlife Millard Deusen, Washington Department of Fish and Wildlife Shane Hope, Washington Department of Community, Trade and Economic Development � � � John Sterrenburg P. O. Box 745 Ocean Shores, WA July 13, 1998 Gregory Moore City of Federai Way 33530 1 st Way South Federal Way, WA 98003-6221 Dear Mr. Moore, RECLIVED BY COMMUNITV DEVELOPrJ�ENT nEPARTMEN7 ti: .• � ll �_ � � 19�� I own five (5) acres of property on 1 st Avenue South, Federal Way, Washington. The property tax account number is #202104-9017. Lot 20-32-04 Block 9017 Code 1205 Section 20, TWP 21, Range 04 - the N 1/2 of SW 1/4, of SW 1/4 of SW 1/4, of SW 1/4 - Less 30 ft for road. I understand there is talk or rumors going about, to increase the wetlands set back from 100 feet to 200 feet. I think this would just about wipe out the buildable area on this property I am entirely against the moving or � enlarging any further set backs. When a hearing comes up on the rezoning of the wetland properties, would appreciate it, if you could let me know, of such meeting, since I live at Ocean Shores, Washington. I am enclosing a stamped, addressed envelope, if you would be so kind as to keep me informed of any type of hearing or meeting. -- Sincerely, J n Sterrenburg �Y JS/bas enc. �� / . . ..�._. ,,,,, _.. , �.,,... �. ... ,., r�� Pape 2 of3 • . 29508 12` Avenue South Federal Way, Wa. 98003 Monday, April 06, 1998 Land Use Planning Committee Federal Way City Hall Federal Way, Wa, 98003 Streams prdinance � Ladies and Gentlemen: I believe that you will be considering the above tonight at your meeting. I have a few P�� make on streams, and then one general point. Streams 1. See points in paragraph A of my March 17, 1998 letter to you. 2. We have a small wetland of about 5000 sq. ft. that trickles into a tiny 100-ft-long stream (with no f sh), which goes over a 100- ft. high bluff into Puget Sound. Will you please add language similar to the following: "If a Category II or III wetland larger than 2500 square feet is located adjacent to a minor stream, the width of the wetland and stream buffers shall each be the lower of the buffer widths for either the minor stream or the wetland in question. This will insure that where a small w�tland and minor stream are next to each other, there will be a uniform buffer treatment for bofh. 3. If our tiny stream is considered to be a minor one, we would have an ur�f'air 2 units oF buffer for 1 unit of stream area, and would lose an unnecessary 3750 sq., ft., when compared to the 25 ft. buffer required when we bought in 1972.. 4. I believe that mitigation and buffer reduction has been unintentionally omitted from the streams section, although streams are referred to in the proposed Ordinance on Page 18 Sec 22.1357.5 (Modi£cation of wetland bufferXa)(1). This wetland section should be inserted into the stream section of the Ordinance along with the poi�� made in my Mazch 2, 19981etter paragraph 7(c). 5. Some credit should be given for buffer enhancement when reviewing buffer averaging for streams. 6. The GMA also applies to streams and the fact that most of Federai Way is urban rather than n�ral needs to be taken into account so as to not have buffers which are too wide for the type and quantity of development here. 7. To my lcnowledge, there has been no input from Lakehaven Utility District on either wetlands or streams. This should be obtained They may have GIS data on wetlands, as they may have water or sewer service running through t}�em� �� o� case. They can probably give important information on watersheds, streams and aquifers, including important versus unimportant areas to protect. 8. Relocation of streams. Which is process V? Is this tlie most restrictive process? Is this appropriate for minor streams? Sec 22_1307(d) virtually eliminates any chance of relocation, with too high a hurdle for an applicant, and as convenience to the applicant in order to facilitate general site design may not be considered A more reasonable standard for relocation should be inserted. __ General The City has used a general consultant for the process up until this time. I believe that Sensitive Areas are being examined further and in more depth, it would behoove the City to hire an unbiased, qualified wetland and environmental consultant to c�rry t}� process forward. This should bring much more depth than a general consultant could bring. I feel that we have been impeded by this omission and members of the public have had to hire their own consultants, as the city has not used the appropriate type and qualification of consultant, except on a very cursory basis. Sincerely yours, Peter H Townsend � 04/O6/98 MON 13:56 (TX/RX NO 8447] t . ��,�� ._ ., � -A ` - �� e`' C`f �LITY DIS'1'� March 30, 1998 LAKEHAVEN UTILITY DISTRICT 31627 - lst Avenue South • P.O. Box 4249 • Federal Way, Washington 98063 Seattle: 253-941-1516 � Tacoma: 253-927-2922 • Fax: 253-839-9310 Ms. Kathy McClung, Deputy Director Community Development Services City of Federal Way 33530 First Way South Federal Way, WA 98003 RE: Aquifer Recharge and Wetland Buffers Dear Ms. McClung: RECEiVEU B� ;.'i r�!;-rv r��rG -, !;,P�:4�-�,�T r,_-;; �,•; �:�-... :t ;�� .:,. It has been brought to our attention that the City is considering amendments to the current wetland buffer requirements. We understand that a"tiered" wetland rating system is being deliberated and that those in opposition have argued that important aquifer recharge functions will be lost if wetland buffer requirements for certain wetlands are reduced. We support the City's adoption of a"tiered" wetland rating system and would like to clarify the role of buffer areas as they pertain to aquifer recharge. � While the District stron 1 encoura es the Ci to re uire infiltration of stormwater whenever feasible, in order g Y g tY q � to provide conditions necessary to recharge the aquifer system, there is no basis to assume that this objective will be furthered by requiring a standardized buffer around all identified wetlands. The City should continue to make such determinations on a site specific basis using information contained in geotechnical studies that generally accompany land use applications. The size of buffer appropriate for wetlands should be based on the functions and value of the wetland, which could include the suitability of the soils to promote recharge. In many instances, wetlands are actually discharge points for groundwater as opposed to recharge areas. I have attached information that may be helpful in your analysis and decision making process which includes a map titled: "Areas Susceptible to Shallow Ground Water Contamination" and a copy of the King County report describing the mapping process and purpose. Please do not hesitate to call if you have any questions. Sincerely, Mary Ausburn Program & Policy Analyst � attachments c: Don Perry, General Manager Tom Jovanovich Dick Mayer ponald L.P. Miller Mark Miloscia Beverly J. Tweddle Commissioner Commissioner Commissioner Commissioner Commissioner � � March 23, 1998 ■ � a u. ri ._ n i. �.o a Greg Fewins, Planner City of Federal Way � 33530 I Way South Federal Way, WA 98003 RE: Proposed Wetland Amendments to the Federal Way City Code ��f�Iffs ,.. . : The Puyal(up Tribal Fisheries Division urges your consideration of the following comments pertaining to an amendment to the City's wetland regulations now under consideration by the Council. The Tribe sunports the Cit�✓'s effc�rt tc�stanciardize its wet(3nd classification and protection system using a tiered approach that factors both size and function in esta.blishing minimum buffer widths. This approach is populaz and has been adopted by many local governments. However, the Tribe fears that the new classification system will lead to a reduction in the land area currently off limits to development. This loss of buffer habitat will likely exacerbate stormwater runoff problems that persist in many areas of the City as wet! as diminish rechazge potential. Before the City Council makes its decision, we suggest that a citywide assessment be conducted to quantify the total land azea susceptible to reclassification and subsequent conversion. These fnding`would provide planners and surface water managers with some indication of the magnitude of expected change. Existing CIP's may or may not have the reserve capacity to accommodate increased runof�: In those areas where capacity is not available, conversion could be prohibited or delayed until an acceptable mitigation strategy is implemented. We apologize for our tardy response to this important matter; however, the new regulations for environmentally sensitive azeas were not forwazded to the Tribe for our review. Rather, this matter was brought to our attention via the local media and by calls from concerned residents. i�►�uilc y�u ior you► wnsiaeraiic�n of liese c;or.iments. � Cc: City of Federal Way Council Memben Sullivan, T� ibal Environmental � f'edwaywetland as3 S? 3 7`�� 6824 Pioneer Way East • Puyallup,'Washington 98371 •�,2�U� 593=9�# . :,`,�`�' C%i �' S� c'C� '�',� • .. `�i . ,. c' _�, . ,-<<. . . � 29508 12'� Avenue SW ' `� F.ederal Way, Wa 98023 253 839 2947 March 17, 1998 Chairman and Members Land Use Committee City of Federal Way 336/1�` Place S Federal Way, Wa 98003 c+�� 2" SENSITIVE AREAS MEETING Deaz Chairman and Members, This letter follows on my March 2, 19981etter to you. I would like to address four points: a. Proposed stream regulation compared with surrounding jurisdictions including unincorporated Federal Way. b. Proposed Reasonable Use provisions. c. Buffer/wetland ratio for lots wetlands under'/s acre in size. � d. Where we go from here. A. Streams — buffer azeas for minor streams (non- saimonid) are: Normandy Park 25' Kent 25' Burien 25' Des Moines 35' King County 25' (includes unincorporated Federal Way) Pierce County 35' Average above 28' Proposed FW 50' Why is Federal Way 79% above its neighbors? This seems unreasonable. Does this constitute a taking? If proposed "contiguous" language is taken into account, then FW would have a 100' setback, thereby putting FW 157% above its surrounding jurisdictions. This is not fair or wamanted. I would like to suggest a compromise that minor streams not be subject to "contiguous" provisions and that they have a buffer of 30 feet, just above the average surrounding setback. B. Reasonable Use — When I mentioned some of my concerns to Mr pon Lazgen, your consultant, he said that there would be no problem as I could use the Reasonable Use provisions. This appears to be � a simplistic and unreasonable approach. First, the FW Code should try and address most situations and not sweep many cases (which should be addressed specifically) into the Reasonable Use basket. Second, the Reasonable Use proposal only includes a few restricrive points for a city official to take � into account, so that an applicant for Reasonable Use is forced to be subject to a list of distinctly � unreasonable standazds. In my March 2letter I tried to address this in Para 7. C. Buffer/wetland Ratio for small parcels — at the Mar 2 hearing, constant reference was made by the consultants to the 2500 sq ft starting point They stated that this was being used as, below this point, the amount of buffer needed for the wetland is unreasonable. I agree with this, except that they omitted to state that there is a similar problem up to say a 20,OOOsq ft or approx %2 acre wetland. The Planning Commission said that they would be agreeable to use a formula if there were a mathematician in the house to define one. I prepared a very simple formula on Microsoft Excel on my PC and have attached a print out showing the ratio for different small size wetland parcels. From this you will see that what is proposed for smaller lots is unreasonable and unworkable. D. Where do we go from here? — for those of us who have been involved in this long and expensive process, I would like to suggest that the committee try and resolve as many of the matters brought up as soon as possible as the material is still fresh in our and staff minds. Could there be a staff /consultant/citizen round table to get these points resolved? The staff /consultants may find some of the proposals quite acceptable and these could be included in 'an updated preliminary proposal. If necessary, staff can still come up with a proposed wetland inventory if feasible; this may affect some of the draft proposals which would be azrived at in the next 4 to 6 weeks. Very truly yours, I� � Peter H Townsend � � � MATRIX OF BUFFER AREA COVERAGE VERSUS ACTUAL WETLAND SIZE Increase' Increase* Increase* Category #1 #2 #3 Buffer width 25 50 100 Wet Wet Wet Wet Buffer Buffer Buffer Site Lengt Width Area Area Area Area #1 250 55 13750 17750 1.2909091 40500 2.94545 101000 7.34545 #2 200 40 8000 14500 1.8125 34000 4.25 88000 11 Increase *= Number of times buffer area covers wetland area � I � i� 0 March 16, 1998 � Direct to the Entire City Council Federal Way City Hall 33530 lst Way South �[CEIy a � t � �s �t1Ty � ��x.,,�4 o�F� `�� N4AY Federal Way, WA 98003 - ` '�` � v' It is my firm decision tt�at the multi-�P�T change according to wetland size must not be allowed. It can be very deceptive and bring about exactly the opposite of what is desired by this community in its wetlands. Example: Category 3- very small. A wetland of only a few acres just east of Brooklake fronting on 356th (one of the busiest streets in the state) and contigous with Hylebos 18 could, because of its small size be virtually stripped of its wetland protection. __The owner need only, if this change were passed, bring in a hundred loads of gravel to have business property and I suspect would do exactly that with the � multi-level change. It might be why the owner refused to sell that property to the city at the same time the city was buying the frontage on 348th a few years ago. Example 2: Category 3- very small. Another such piece of wetland contiguous with Hylebos 18 and fronting on lst Avenue South would because of its small acreage (4 acres) 7egally � virtually have its wetland protection stripped away. -- It could legally then be developed for business property. I suspect this is also the reason why Mr. Sfougatacas , the owner, refused to sell this small piece of property to the city when payment was offered. The acreages of small wetlands along Highway 99 may be involved in somewhat the same kind of situation by the owners. � Not t� speak of this same deception being carried out by owners of other small parcels of wetlands in Federal Way. . ''� r�e� . The only reasonable decision is not to change this law to a multi-�-evel type, or � better yet delay the decision until all wetlands can be c ked out. �� Respectfully, � � �-/ �. , /�� ,��. � �� - - I1 ene Marckx �.J �'�� (� . .. . _ . � � � .. . . , ' � � . . � . '" ' � '`�c 'r.+ r t � w' _ �••--� (�I �� U � J. . � U . - ' r ;,• �. ..;;:;;T='-t. . - � EXH 181� � .,...... . _.,, � ,. „ � - � � _. �,. � . ��-�cy�" - � �°, � - o � �/ . � /y _ . L .... . �S 1 1 . . �.Gl� ,,, _... '•�^ • SW - ,� ` • �; � s Q�� . � ' V � . �� .�� ,\ " � � = � � i � � / �� . � . • �� . • . , � • �.� `i • \ ! � , . , - I . �, �� 1 � ' ' � ..�............�.. • �� .�.. � �' , . . ^ ' • . � / � \ N . ��, J < . •; ' . � .. • � . � .� 3 « 5 `` � , ' � f t - . ' : �_�"..' - ..-..... . r ,�• _ `j 4 .. .= = I° _ \ � . . - �_ - a. '�L.s— a€ • � s r _ _ _ � � � 3 ......._ , 2 — � - � � 5 3a4 �. •.` ;; , , EXIT ,�ike fti, , 142 . 3.' . ` ' -• ' • `. � r ».,..r. .� _ • ` ' N =- - _' - .; �_ � , — – .` = 5 356 • T = � 1_ ,.. � • ._:. ' � . N: . = . - ��`, . - • � - ..... _ ��\ . � � _ _ _ - .. ..._.........�,. « ).5... � '� . — - - '� _— ..� , � � N � 5 � -- - = - ---_ > .. : — — — _— a r+t .r ! (� J1 f e - — � •\ . . — _ .._ —_' � `• � � — - —_ — � � Q _ — _ - _ _- =- � « a W e• `` ,' 1 • 1 � � � _ !� -- ---N� f . ° ... ,,. `• _. � �� -- -- . = 'S �'65�. I 3 � - - _ __ — --�� ► < '� � 'n� ST — — - - _ ��.�� ' . .:c.• � � �' � ..� � ....... --_ _ - � — _ _ � � � �. ' - ' t s —� . ... _-- Q . � ' ' � . .�- � - • • A h • " � \ T •� I � . ! � . . ' •• ..... � • . I I �� ?3 5 T • �_ ` = _'�_ _ - - : � w ' — � � _ , _ _ - ' � �• .. - � . + 5 � 'e T S T� - � '-=-=�' .. � ' — � /�\ ...... -� _ _ _ _ i � , , , ^ �/ — 7`v � c�:,�,1� .�� _ � . � �° �/ T r � � s.-- . ..t� i��n�� u�v�u� 1 Hrvl � r ax : �ue-a�i- �� . • ��`• ° TA LASA EA � CUNSULTANTS 1''iar y ya p� u[ r. U[f Ub . :..;. . . 5 Mar�c�r 1998 � � � -- � � � - � . : . : :: : � _ �. . . . � TAL-299 ... . _ . . ,. .. :,:. ......: . ::..:. . . FederaE UVay �Cit��Couc�cil�:.: . . : ' .. � . . . � : . . ., . • : . � : .. ..._ . . � �.Land�Nise/'franspo�#abon�Co�rimi�tae. ::;� -°::�:.; ��;��.: '°:: .;.: . . . . .. _ :.. : Uo�.Ms..Kat�iy.:MoClt�nq P.I�nec: �_.� �. �� :"; � - : 33530 -. 4 "� VNay� Sou�Fi.:: . . �: . . : .. . .. � ..: •. . . � Federal Way, �Washington � ' � �:: : ; �. � �.� : . .... . . . .� Referertce: .. . �Cfty of Fede�l�'WaySei�.sitive:A�as�Code°Amec�dr�€fent Sutiject: � � . �SuQ�es�ons.:toF-:Revisioi�; �;; �� : _ : . �esr IWs.�McClu�g: . � . -. .�: � . . • � . . . : ... . . :. .� . . : . �., . � . . ..,� .. .... .._ : � ... . . . �. .. .. ,. : :: . �; : � app�eaated :the- .. � � . . .._ ..... . o�Portunify�bo pressrit�mY op.inia�s:s�d sEiqgestions.at the public , . .. , . ..: .. � .. . . . .. . : - � ° :...�_ .:. :meetinfl:�:esrller:this�week.f+egardin ..... . . . � �qcopossd� revisions to the :se areas ...... . . . _. . _ _. ... ... .: � opdi�ance:: Ai t�e�ceq�ie�t.iof;ttie �Co�iittee.�Chairr�an,:l.:sm��oliovrrin� up with written ... . ... . _ . . � . cornmencs�. � � � .� � . �- � . _ .�. - �. � . . . . . .. � . � . ... : .. . . . . . .. � . . : . .�.. .:.. .. Revisions• to:��tt�e �oidli�a€ice: �aye �bee��ir��ttra: works fo� seve�tl years, :a�d 1 afn pleased to:�sea�.tFiat they�.a� �ncjw cfcise�to.�naliiatlon:� Tha,revisions=pooposed: are a great . -: �exlstin�:ocdi�iancs; �but F believe. ttiat��e�e afe.still some areas . � _ .:.. . --�.; ... .. whick� shouid:be fu�ther �evlsed: MY su�p��tloE��ace pcessr�te�i below. �;...: �::.. Polic�r;NEP32 ststes that�`ttie� object�ve of no ,.. .. . �� °:� ovei�stl.��ist-Ioss�of�furKtioc�s�or.va�ies'..��'T�hls'pollcy`�oes�p� 3ay thaf there should be :: : .... .: �. .; � � : �o net loss oi .aree . . . .. .. :.: : : . . : : : _ . _ . : . .. -. .� . . . ......:... .... . . . : : �..�; . ... _. . .. ,. .. . .. .,. .. . ', : . �.. �he�propo.sed 22-t��68(��2) (Strrrc�u�es;tmp�vements and Land . , _ . . :.. . . ... : .. . . ; .._ .. .. .. . . . . � �� , Surfac.e�ModiFications� .wfthir� R Llated kVbtlands �ststes�t�."M�i �ion af wetl��d � . . ;. .. .: . . . ,. . ..: .. ..:. . .. e9 . . . _ � -_.. _ . . ��. ' �.�� :: ��.�. ir�ipac�:slisll be•�estFicted�to�o�-s�fe.restoretion; :ixes�ioA:� enMa�cement of in-kind :... . � . � : � �� wettand:rype:whictt ro�utts •irt. �o nef��toss-o�wetlacid:area� f�nc�ion or value.' (emphasis .� . : . . � :: . . � . . . .. . :....� :: � ;� adder�: ��#ie pcopo��o�(na�ce.a�td ths_policy ace�not:fl�e� same.��riits regard to the no . .. nef I'oss poliCy.. . . � . . . . � � . .: .. � .:... � . . :. . . ._. .. . �. :. . � :.. : � � . ,. :.. :. .:.:. . ..:.. , .. . ...;: �::�;. .. ,: . . :', .�_. .. .. � •�� • • � � .:. Tha _oFdin'a[ioe statas��at �ive and� t�stofatfo� or jp�tl��d enhancament is . ::.::.� � �. . . ._ .. . . . . . . . . . . ... ..... .:....: . e�iowed�as a fo R,itig�te for�wotla�tl ffl. Obviously..:.the.�no-net-loss of wa an � . • . . � - are$�is•notappcopciate results i� the . �. cfeation of new� wetiand,area. . : . . � .�. ' �000.c�:a� . � . . . " . . . _ : . sr�ras� � . . , Resourc� �2 �nvir,onri�rcntaF Plannin� 1�020 Bear Creek. �o:arl Nostheast � WoodinLiee. W.ashington 99�72 • Bus: {20(5) f3fi1-7550 • F�c: (20�i) 861-7549 � 03/09/98 MON 05:59 [T%/R% NO 8010] 1�j002 i r,�ran�n ..."� v.��,._ i n, y � :: r c... • �...,-� .... � -- � ..�� ::_:. -� �..� ., • .;., � . .,... ,,.: � Ms. Kathy McClu�4 . � � 5 MaflGh 1998 � Page 2 . . .._:. �..:�;.�::Y-:::: . � ..: . � �:; .: :. -: :. . t�b.elieve that:tf�e • ... . e;shou�d functions and values, •:. ::. .... , . . . - . -'°trlec�y M . . . . . ... .. and;��iis.•cloes"��o:f.n�icegsartEy;mea�.ti tha��.1�096 or.r�_o�e. aoea �ilted or othennrise , . .. . . _. .. . . : ,.. _ - . ,;,; .jmpadec! �sticu�d�aMr.ays..tie�:;�pfsced_;_ E��asf.�de�tlo�_ ot �l�ie vrrord 'area' €�om thEs ,. ._..._... : .. _ :::..::..... . � : �: �._.� . . -_ ... : . . . � .sec�lo�i: t�e�pFOpo�sed;:��+.Qi��a�ice:_':'�e.rt�ltlfl�or��efios�.co_�td �emafn, bu� would relate ._ _ :.-�-._.:.. .:. . . . . � : _ _ . :� ta tt� a�e�:geate� � �- � .. _ = - - __ . . .. . .. � .. . . . .. .. . ....:::- �-- . .. .. _:.. . See. 22 �t: E�etini#{o�i.�r: , ;:; . : . .. � _ . _. _... :. . . . . - - -- _- -- - - . _....... _. . __ - . . ' . .. .. . �� 1 . . . " . . : . . . . ... . ....... . �: .•:� :..::.: • �. '.'.: . : . ::: It�,t�ia-d:efnitio�.�:fa.S�taar.ri.';."::�locsE�.or�ri��torY::tistf;�oPulafio�..:. , should read : ��::;.;: -: .. . _ - .. . tl - . _,.,.:.:• ...:.• .. ...:.: . , - :.... restdent�c ��Fafio�r-.;saif�oi�id�i�oPula�:.��'��°Lo�a�_€i��miQht,be.�hree-spined . .,_ .,.. : � , -- . �� stis�cletiacks.or��s�all�riorit�ie�.d_bass��neit�ier�'a�:�ict��a:ooiisicl i�portant as ..:. . . �_'. :. �;:..; .:.. �:, �. .. , . . ... . . . : . .:..::: :.._ ..... , • � - � • :::. . .:.:��... �:�:� :tEOUt.or:sail'r�.on.: �I�tai:l,`-6aa.s their� . .. _ . . .. . . . . . • . : .__. � . ..-.._ . : .... �� Oe� . y � P�o� vKater quafity (i.e., . , ..,: .. . .�.: : ;:. : p�sence� i�� :salonoc,�:��se�iii��wateFS'is: � ... : ral! �-:indtca�ve; of. : . . .._, . _..._ .. . .. . . . . _...... . .. . ... . . ..::.. ..:.. � . . .... above o :,' a(�inrater.temperetu�Fes}:::-. � .�.�;� .� °.�.�.;�.:.;:: � . . P�'! �. . .., .. . . . . . .•. . � -- -- -. .:: . _. .•.: .: �.�-� .... � �.:. .. . . .. . . . : ... .. . .:. . .. . . .. .... .. _. . . . _ .. _. � . .. . ....... ., : :;Ir� the-.definWoii:�or:Maior S4rear�;=the�¢':::and fhs.tiibr�tar.ies to an s�resm..." .. . .. � �-- : .: �:. _.... ;. ; ,. . ,.: - -� . . . . .... . .. ... .. . :: -� . ..:: . :. ... .. ... : .riaeaiis _tkia��ty's�i+�ant tliat:does�.rtot°�low �o-�aft isoi"atec�:depressto�► would be _� ....� . . . . _. . :. ... ._.. ._ . . . . . ... : -,_..: : :...;_.�ocn�ide.re�a��tRSjo�st�tarnl7sven;H;�to[�oxairpie;�;tt�a`sub�saear� were tributary to a . . . , .... . . .. .. :.:-. �:•- : : •. ., -� . .� - -- - '. ,tFitiiita af�a tn . __ ._._.. �-o a .stresEn �co�ain � � �salmonids: �`�;kiis:saei�s��i�a ._. .. FY: . _: •. .:: ��:. PP P ate. . .:;::<: ..::: .-..:: . :� - :.. - . ..:. ...: .._;... •�-.�,. .....; � . , . - - - .. . .. . . .. . ... .. - ;..:::..: . :, :. , . ._._�..:.::::.� ....... .. .. ....._ .. .... .._...__ _.. ... .. : . <_-_:. . - _ _ .: ..:--.. .. ,:, _..;; ... .._.. . _,.. . . . ..... ., . . ,_:.:.:.. .:.-.. A;��c+or:Stieem _m�ht-siFr.�p�Y�be�ctass!,�'.iec��'as.:a�strea�=v,�ioui sa _o�i, s es, an a , .., , .. :. .:. :... . ... . .. .. . . ; .. ..... . . . ...,.. . _ . . . -... : ..- : .: . . . ... �..:..:Maioc�S�roa�-ons;k.iwt�idx.sal�onids;do�:occc�i�.:`K�:Coq�t�Y.:re.quires a 100-foot bu e : ..:... . . , . ., . . _.:..: : ... . .- : . .. -- .: .;: .o�_s�reari�s•'co�iirp :s.slrEwiiida;_aiid:a�50�ooE`tiufta€�o�'��+aarR:�nr.itEwut safmo�ids. I : . :: :_ ,. . ... :- = - .;. : .; ... '::' �,Q9:e. sartne`aPPtYto _ ay:�Cod . . . s st:the- � .. `:the;FedeFaf�WL � e •..:.. :�:::.�. _: _� - . . . . , _ _ .... - . � _. . .... . •• . ._. :.. ,:..._.:.. .� ; � �. �:: • . � . - :; ., -.=.:. �. � � . _ - _:; :. .. �. ; . .: .... . . . _.. ... .. .: .. `. . . . _ �::.-- :Ssc: ;2?.: �31,3:.. Addi(fo�a�Req�tiemer�ts?brl:ar��SurEaoe:Modi�cstlor� ... . . -.---;:_.._._.. .. .....,., --�..... .. , _ . .. � . . .; . . . . : � - -:. : _. . . � that�`AI� fi�: mateci4f : used �n��t�:ba �-dfssolvi�g and non- _.. . _;._..,:. .�: , .: Th�is°se�bAtt.states.•in�pa�t.::, ,:. ... _ . . -�:....� : � . .. : .,.-:..�:�...:.;:��....� . . . _ .: .::.._:. .::�._ . �:. : . . ...:.... .: :deeo�po .. � . .: . � : , �s;�ld;p�eciud�:t[�e u=b i� topsolt for ._ ,._ . . . . . ... . .. , ; .., . .. :.:: _;,:... : �: .��. :�-;�:: �: �1"in"g str'esiti:aettiack.area. A distinction . . .. .._.... .�: . . . :.._ � . .. . . .... � -.: .. -:� ;,� -.�.��::: .shoWtdhe-rEiada bs�wie�;placemsnf��of�j.arici�Uis`p��cerr�snl �' forfandscapl�g. .. :...: . . . _ � .... .. . ., . .- _ : .: .- . �� .: � :::. °::: �: do�i6�t �t�.e.:a�:-3ntende�:that;a�ea�n-�eibsck:a�eas��aot�ha�e:topsoi� used in . �lariascapiii� . . � : � � . . --- �_ __ .. . = - . = . . ._.. _.... . .. . . . ...._.: :.� _:._..._•.�.::�� ::....: . ..: �..:... .,...:.�.. .. -.; , :. ;. . . _.;.._..... .. . . . .. . -- . ., ..:. � .�. . � ...� 3ec:��22=f3�7:: 4Wetlarxd-C/essifcatiarr.=�rid�arid�eid 8'u!}brs :: : �:. ... � . : . .. . - - _ - .. - :. . , .. .:,.�:: �;. ": . . .... .. . .. . . .., .. :. .: _�� ' . ... . ::�:.�.��:�:;�:�:� .::.:_�:_;-:�.::::.:::;• . ::.� _...,.. . . � . • ,.. . .. _. _ • `-�" ; �-`:: :....�..�.._.: :::. . °�J�de��atb�o� t�rette�id�:;.�.ie=use QE�:a20�foot�buffeY:�iipFiE��.on[y_�e aPProPnate if .. . .. ' :: ;;:..,-�: > �::: .#�a,:sy'.ste�:is�:�ou�tie�::;;(�totez::lK.a�fiavtnot�ouiid:s city.:that.uses a 200-foot �.:: :=-:-� � --... � . . . _... ��-.` ': .��'.�::��::�-;�� butf . . .. . . : •� _ ":' :WBy,.�iSt:MIQEJfd•Ea�:s'�i8t9�}O[x_F:1t1;•$fCUf=�6C9d<By.SZ _.,.; . • : . •.: • - _.._:_..:.•• �:•..:_••.. • , _•. -: : .-�: : �-�., :•... ••..•. .. .: .. . . .. , . . . .. ; - . .•. . •:.••.� : : , : . � :�.. .frY••�one�at:: I �o_,iial:b�sNivq tt�t'�a:_i00-foot'tiuffec:tor CatepoeY JI weEta�ds is ,.. �.: . .. . . � � --. ��;.. . . � � a' ro . . 1f1letlaRid�biif(ers��sfao�ld�be�•estab6s�:oi�.tlie:basis, of the resource at . .. . : : , �. . . . PP P�Ee• °: : _ . : : : . _ . :. ,_:. . .. � .._._ .,.. .. ::.:... . .. . .. . .. •:risk:-�: Tfi�.distatice°�om�:�a`w�s�di�;�,8s li�potf�i.nt-as biolo�ical, and :..... _; ... �.�. >. .: . .;. ._.�_�.�... ._ .. . . � � ... .:.. . ... . .. .. _.._.. � . ..-:: : :.� ,: . -� : -F.i�man :� .n.ykoomeriti.adjacent;to:_that_wstla�.:. �F6i�� eic8mp�tr,a .�ocest�d, steep slope �. �:...:- ::::... • .._ . . . . . . . .. �_ . . . ..: ... _ : _ ... .:adfsoeR�.:ta:��watiari�p�oreidas.te,ss gl�en t�u€ferwidth _... ; .. . . : : ... : � �.. , : , . . .._ _ . . . ..: .. .._ . . . .. . : . u .:; ... . : -- . -.. . . .�+ori-mt;�aoo . .. . . : :. . _ . .. .. . . � : �.�. . .: . : 315� . .. • , , . ' � . .' ,� . • : . � � � 03/09/98 MON 05:59 [T%/R% NO 8010] �J003 � rn�nJn�n �.ui vJU� i niv I J r ai; •��J ( J�-+5 I�idi � 7o C� • u�+ �. U=,f UJ Ms. Kaihy McClung , � . 5 March f998 � . � . _ Page 3 ..: ttia�i a pastu�a.o�r:a tia#�topc��ptiY;..:1�_t�:Es�ter.�ease-�;it:�y.�be that a bufferwidth of .. :.. :.: .:.. ... .... . . .. . . . . . . _. .... :.. . � � : . :.-. oi�ly:ZS:feet`r�voufd:a�.adequate��.protecUon v�ater quality rathe� tha� a ... .,... �... :... ... :.... ;,. ' - ��oot �oces#sd' hillsld�:bttt�er;' . .:.. :=: : :- � ;. . . :... . . �.•� : .:. �..:. -.� ��.. . ... . .. . .:�. � .... : :�. . . . • .• - :�. �_:...:�: . .� � � � ..;:..., .. ;.. . .. • : . . _..._..� .. : .�.. . . � .. . .. _ � ::: . � . . . .. ...,: . :.: .: :.�.._ ; : � .�. . ... :',.: : ll�der CatiQoi� it w�etlsirid� sLYOU(d be�:rtiodified_so_'V�at;the�phrase °... co�tai� or ..:' . .` � � ��+PPo��-f.(sti'�pop�Fa o�; �s i,, ptacec��wit['t "��:::c.ofl�airt�salmonids, . � �_.[i�� . . . . . r . ;.. ,;.. . . �. . . .. _.,.., .. . . _ ._ . .••... ... ., . : . . __ . . ,. .. .. . . :. _ � ° �.�.. _. .:::::.:U�i.derEa�epory�lt�wetlarids,.;PaR:c,stiot�t�be�mvdif�d�so.::tha��thep�irase,".. ... and ::. . � . :. .._... _:--- . :._ .. . ..:. ._... .. . . � . .. . .. - : .:: :,: : �. _: :;:�: tiav6;�two_ar=rxioce:�wetiand c�asses;�wi#ii�nei#t��er das�::::.�', �r�eads �AFe less than or : .... . ... , . . . - . ... : . . . . . .. . ... - . � .. . . : ._._:. : -:._.:.� �.. .: ::_ _ equat:to.,oite:au.e.:lir. slze mMitet� �d:have Fti�o�:weda�d dasses� t�i�her . _ � . � _ : .:.: ot� �ichis:a � monotiiolc�ol rit`camriiai�ilv; `arid wI� �nelt�i.sr�dass .dorriir�ated by non- : .:: . .. .. . ..::.. _ : -:; � �at#ve:�i�vaslve'•s . . . ... .. . . . . ...� . . . . . . ... peaes.. ... :. ....._ _ - . _... .. , . .. . . . ....... .: :� .:....:.. _ _...,._.. �.. _ . . . . . . . ..., . .... . ..: � . :. . . � : :: �: . ��a t00�fcot� •bi�ffs�-wid�t�fo�°��i �Ca�teQ . .�1� wsdafid: is� excessFVe. :For exam le, if a : -:.�.:..�.; �-... . �: p .. . . ...: . �. . _. . . . _ .. .... _ _ . : , .. . .;.. :..:� ..: 2 . ._ . - . .- - .; :. s4;ft�wet oGeisses =�ofie:t�e.�shcub: Dou 1as spirea . . --::; ....�:- �-�. .... ._: . . . . . . � � .. :.. _ _. . .. . . .. . , ... _ _ .rasa�dor��las��=�and�-�ie;ottier:the-;soft�tu�h:�.(;J�nais:otEususj— t�e°code would . . ...... �.. -: ... : . _. , . _ . � :: : � .. . . . . . . . .. _ -.. � :.: .-......_ _::; :� � igquf�e s :'�Oa.foot�ti��rw�dt�i::-��Sti,Ch:•a�1�Elend woufd�tie�oo�stdececl.to have relatively : . --.-:... .. .. ... . . °. . , . :Ibini��nc�onaF;v_alue.s;:ar�d:a: � . . _ �.... ._. �_. :: � ; �.�: . . �. -..::.;..:�:.>: -. ��: ., _.; : :.:. . - . .: :.� ,:... :.. �.: 't'he:tier,ed:•ratin� .`� � � tein:f.or� wat[arid: cFasst�}io� is �ood� idea.. A thre�tiered system _ ..:... . . . . ..::.. .: . . . . �. ._: . . . : . . .. . . . . .: -... . - - -. : ,: .. ,.. . �..... . _ .:..:: fs :ce�fa�fnty�•:worlcable: �� . � : . � -�. y Y 9 • nfY. The . _.. � -: u.t ° .� . ., .. .�►e� or��d ' � �� anit b � � Kit� ou ; .�.:... .. _..... .. . �. . �::: :� : .. . .. . ��c�ca s use sa s .. . �� . . . . :. `.:: ; . .- , : : .- . :. ��:.:: : tiu#fQ�wldt�a�� nopo,sec�uti .. : ��e>Ci _,;ha�a�iac;°appeaE.td_bs�excessive and �nnecessa _. ..:_ �. . � : � � "� . - . . . . .. . P . !� }Y . . �Y . :. _. . ..�.u.. .. . _ . .._ _ _ . :. ,, .:-= . t -. :su�Qest�tk�e::Glty_:aclopt;butfer wid�is�: of ��OQ teet�: 50 -feet and,25:Ree� €or Category I, I I, - . and� �[1 �wetfsnds,: res � : .. ... ....... _ .: _ ::... ..._. ,.:.: : . . . _ _ :: .. : �: :. . : . .: .. . . : . . _ .._ : P� _ : • _ .. _ . . .. . .._ �. _... ve y.��. :... , _ _.,....:. . . . . ,:•.. . �.,�.. .. � :-_._ :-..._ . .._.�...:: ..... �.� _�..__. _. . . : : .::.: .. . : .. Feoerit . ' . eCts.,nor�h.of:�attls: Gu�.stafiF�prepared�a :table showin ::.: .. :... .. � � . _ . . _. .. . .: . . :. � �. �.:. �.. ...�:. . :. - ... 1 .. _ _. . . � .. . .: : . . . . __.. � __ _ :: ,.:.:�..,::.�: ;::..:.. ;�.s�earn:and=we�lan<f;.�1�me�ts=o�.sav.eral�=a1ly.�a�EO�i�iEy-�ss�rsi�ivaaress ordinances. I �.. . �. _. _ . _. .: . ,.. _ .. . . .: : �.. .� �.:: . -.have:enGosed.tf�Ts'table:tor�youf�eYiew::-_P�ease�Eioti',f�a� th�s taE�te is �not c.omplete. . : :�: ._.,_. � . � _..' . . .. . ... ... . _ . . .. . : ....._ : :. ... .: . . . . .:,�._.. �...� .. .: �--. �. . :�::� ....�. . .. . � � �� : equatezprotect�on�cf �tlsn�.f�cti.o.as:'Ei�a � re �ri�e buffer widths .....;:..:.: � .:: :: . u .:e��Ran�es.:.;Ad _. _ ._ . . . . Y�: .:q. .: ... : . . ... : . _ .. .; -. : . . . . ....._ .. ;. .:. . . . .. - `. : '.�.._; wi � . � . � . ,. � - . . _ _a�,acs�t:�:t�e�wet�d_::Fo.rlow intensi uses. . , .�.= ::� . . . _ . . tY .: .. _.. . . .. .:; .:.;..:: �':.:::.. ��:the"stanii.arcF�=tiuftec�for�'Cate.�.�,`U�wetlaiid .: . t_it ba S�:fest; vYE�s�'eas a hi h intens� ., _ � . .. . : ; . . : .. . . 9 : � �`.� :: ::'ta�d=.r�s�:aQ1aCe.�i�tifo.ths -..- : : . . _ . . _...:..:... .:� - � � - - . ..: . . __ � . ... � + c. = �T=1�46:�:Ezsmapffoi.�;�r�E:betieve•�'iat:sr�ot�ier.�ex�empbon:sho.t�lck•be incl�ded i� this • ..• ..._.. ... . . . . . :. - _. . . : . . . _. . . . . . _ ..,.: : . . ... ....�..:. .. ..._.-�_-�: � -.._. , :. ,__:._. .;.._:�. .� � ... _,. .. .. .::,. ;_.. :.. �:_,,.. exemptior..kw!oi�Tc�;tis�for�unu�t�ntrona��c�eat�e� wetJa�i.d.s. This would � � .. �. . �...� :.:. . �. . • _ . :... Pe vY equiprnent .. . . �n�:tudewetEa�d.arrees��tiwt.d�vel�_ :..:. ... :...:.. � . . .. . . . . - ...:.� :� ,. :- :. : road co�struction, .... �- .. .: . .. ,: . .. ... . . � . :.. . . _ .._. . _ . . . : , : . :. ... _.:.. _ ..; � •:.develo �ent on�>:� - � . . . . _..:.. ...-... : .. . -�_--. ...,. . .. ..P ;_. : . : djac!nt;lands.ftiaE;blo�ckod�drair�ape::ai'ii��ivettanc�s that have ..: :. . . - : .:::. _.: . .. . , . -��- .. �.: :��:�:-. . :.:., .. .�. . • � . . ..de�sloped . ; .:. _ . � �: � � �� . . � . . . . • • .. _ . . ... . . ._. • =.s.. �•- .. .. . , . . .: --:.: _ _.: ... :.:-. :�_.. -..� . : =: _ .:• l�aa exeinp�.o�:foc,u�infei.itlona(�y.'createc� wetlands developed . _.:... . _ . .. ,..: . :.:::- :..• � •� .-.: . :_ :.:viiitlii�i.tt.ie: previo�_20:yeerg:= :��'he��oFp�-o�_E�i�i�iee�s :ezem�s weUa�ds that �ave .._ . . , . . . �:, . � . ..�devs[oped�in:tf��:anas�: �:� �-: � -�;• : �'•." `° ' .... .�:. �. ,_: . . . :: �-. : •� .: : . . 2DAPoa-mtr�:doc . ;�'+e.e ' - \� .y 0�/09/98 MON 05:59 [T%/R% NO 8010] C�J004 i i-t�H�HCh �.uiv�u� i Hiv i � r ax � �uo «�y C C��ar' ��b o� u=� r. ��r u� ,' Ms. Kathy McClung 5 Ma�ch 1998 � . . . Page a � • . ..: :; -;:: �.:� : � :�.:_:.:. ... '�h..e buFde�:�of p�oof wi�h: tkier.appEiwn�{i.e owr�er oF devsloper) to .p�o�e..or,de�an�ba.te�•t�aE•t�.�wetiand�v�asi�ai�edo:'=�-ca� be done by review of : ....._.....,. :. , . . .. . .� .. . .. .; . _. ;:. ,. _ . .. ...�aer;al pT�b#caraphs, er�inie�In� secor;d.s�stafem�iits� fro.m neipk�bors o� other wit�esses, etc. � � �� -. . . . ' � - .. . , _, : .. :.. • , ..... . ... .:... ::., _ �:• : . . . � . :: � .._-- . ..:: :� rec��c�:eri�'tli�a�_tt�e � .�o€�Fedecdt' �' �"�.p��d��an.eiceEn_ptio�.ir� f�e �evised code for .. . ..... ... . . . . . Cl[y� , .: . .,.... . aftfa!lF. . .. :_ ,. . .:. ... . . � . .. uni�e�nt�'ona(Ejr cE+eafed::a�rsffacids:. :: .-. ::: -.�:::'.-;-�::'--�.::::..;.. � .. _. ... : . . . _ . .::•: . , .... ._ _ . ..:. . :._..: • . .... . . . .. .. . .. .. . .. > . . . . : . .. . . ..,._ _ . , _.._. . .. . .. . . .. . .. .. ... ..: . . �,. E�.a the .. .. r�N � to rGe �iis'..:. -.. t��fie�� ot�-�e� � o0 osed revised .: ..,. . _:�: � � � _ _ . : . • .._ . PP�.. oPP.�... .t3!�� :.. : p�;-:.:, �� .: . � �Y� . : ' . P . P .::.. . -.- . . . ..:. :�:..�..: ordlrra�ioa;�an�.w�o�ii�s�est`thjat_:the�.?C,�� nori�invoi.v.i�g.�embers of the .- .... . . .... . ..,.._ .: ... ,.. , . ...__... : .::,: - � . . . . . .... . :..:::...:. :.• �.:�.-.�.c;o;nsulung�a'n:�:davet._o.pm��.6om�wnWvs::.'-a�� ..wit��,� �.:'sta�--�o. .. .:. . . . . . _ . ._: .. . . . . _ _.... . . . � � . :discuss� ths:fina� proposad revision. ( .. .......: .... : -.,. ;_ _:.. . .... . . . .. :.':_;_ �.: � � �::: ::..:. � ;. � � . °woufd �be=�ore.ttiart. pfeasei�:�a-:Parti�i�s � .� . . .• ... . ... .. ..: � :.. . . .. -:• -•:•-:- • � • . •� -. -� .. �.. . - . . � � . :�Paease :COiltact : me � _ ; . . .. _ . . . . ._ .. ..- ' -: �: . ; . �.:jiou�Fiave a�Y ?q�sbc�s; in:� �eQard: �o my :corx�menEs and �:. . :. :. � ._:_ . . . 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' - . , �.qn"tDe.45wl�Je.: . ; , �. . � . .. � � . °° � 2.1�' � � ' . �'.�25' . - ' ' ' � • � � '3:10pi . . : . .. . � �: k50' h■100' . ° 5. 25' . . . . x . o uktiw'fa • � u � m H D4 i � � , i z 0 ao 0 r 0 � Talasaea Consul6nts 0 2-28�98 � G� '�� ES�VI r0�lVSULTIN� ENGINEERS, L�.C. � A CIViI ENGINEERING, LAND SURVEY, AND PRO)ECT MANAGEMENT CONSULTING FIRM March 5, 1998 Land Use and Transportation Committee Federal Way City Council 33530 First Way South Federai Way, WA 98003 Re: Sensitive Are1s Code Amendment At your meeting on March 2, 1998 you received considerable comment from people with a wide spectrum of ideas with regard to the proposed Sensitive Areas Ordinance. While the City has become less stringent on some 3rd Class wetlands, the overail tenor of the proposal is substantiaily more restrictive than the existing Code. � Some of the language gives one pause. For instance, on page 17 relating to discussion of Category II wetlands, it must meet one of the following criteria: "Are contiguous with water bodies or tributaries to water bodies.....". I would suggest to you that 99% of all wetlands either are tributary or tributary to a tributary to water bodies that support a fish population. Thus, one could take the position that al( are Class II.. Under Category III wetlands, I note that if they are less than 2,500 square feet they are exempt. If they are 2,500 to 10,000 square feet they require a 25-foot buffer. From 10,000 square feet to one acre, they require a 50-foot buffer. If they are over one acre they require a 100-foot buffer even though the function and value have not changed. As you know, Class III wetlands are the least valuable as far as wetlands are concerned. It seems to me that there is no justification for this type of a land taking. If it is a Ctass III wetland, it is a Class III wetland regardless of its size: The sum total of this is that nearly every wetland in the City is going to be either a Class II or a Class I wetland even though the functions and values would tell you that it is a low class wetland, i.e., Class III with no justification for restrictions which are being imposed. � 720 South 348th Street • Federal Way, Washington 98003 Federal Way (253) 838-6113 • Tacoma (253) 927-0619 • Seattle (206) 623-5911 • Fax: (253) 838-7104 Land Use and Transportation Committee March 5, 1998 Page Two This proposal appears to me as being a classic case of government confiscation of private property. As I stated during the hearing, you still have requirements under Growth Management to provide housing for the citizens of the City. By the time you deduct roads, open space, drainage and increased wetland buffers, you are probably.going to have 50% less developable area available than you think you have under your existing zoning. I would like to suggest that since there is a clear disagreement between the private, public, and scientific consultants, it might be appropriate to refer this to a committee to see if a rational compromise might be arrived at. Representatives of the environmental community, the development community, the business community (including schools), the wetland consultant community that work on the private side and a City wetland consultant could work this out. � Again, I do not think that there is justification for the buffers proposed which are in some cases double or triple what is the generally accepted practice in the Puget Sound area. � Very truly yours, ESM C-O SULTING E GINEERS / ROBERT D. SCHOLES, P.E. President � � �� . , � . ��. � . . C.�:"��c�:. . . � B-twelve Associates,� Inc.. . l 103 W. Meeker St. Suite C � Kent, WA 98032-575] March 4, 1998 . (v) 253-859-05 ] 5 (� 2 53-852-4732 (e) bl2assoc@compuserve.com RECEIVEO Mr. Philip Watkins Land/Use/Transporcation Committee Federal Way City Hall Federal Way, WA . RE: 5ensitive Areas Code pmendment Dear Mr. Watkins and Committee Members, � MAR 0 6 1998 CfiY CLERKS OFFICE CITY OF FEDERAL WAY Thank you for the opportunity to speak to you Monday evening regarding the proposed revisions to the SAO. This letter restates che issues I raised in my testimony. 1• Proposed Section 22-1357 (Page 1'n Wetland classifications and standard buf�'ers Paragraph (2) Category II Weflands Item a states in arc that Cate o� " Are cond��o � a� h wat r t,�,.� ' �� ' P g� II wetlands ies ortribut?riec ro watcr b�-l;PC which �m�iP� �.. �. conta—_ in��pnort a fi �h sDODlllfl[� Il umtranrre -- - -�n��$ St[ �mc Wh�rP flO�i� Ic interininPr,�• • - • My staff and I understand this to mean that if a wetland is'small enough to be a Category III wetland (with either a 25-foot or" 50-foot buffer) it would automadcaily be bumped up to a Category II wedand �vyith a 100-foot buffer, if a stream runs out of it or through it. This wouid ha criteria of a stream is either contiguous to or tributary to bodies whic� �d r normat circumstances conta'm or support a fish popuiation,,,,.,^ '�'�� every wetland larger than 2500 sq, ft..which bas a stream oudet (i.e, is not an isolated depression) will be btimped up to a Category II wecland, � If this interpretation is accurace, we believe it conflicts with ihe proposed criteria for Major and Miaor Streams which states in parc; (qttach. A Article I, Section 22-1)�` Major Stream� proposod language addition states: "Iflhere e icr a amral nermanent bloGkage on �hP crrP�... � 1 ij ; Dr � Q v pstr�m I�tmanent blockaee h 11 be rce��tar w � do strPam of the nan �1 - ___� as a maior r:.�.�.., We interpret this. to mean that streams above permanent blockages would be regulated as �vlinor streams and would therefore include a SO foot buffer. Thus, if a Minor Stream has a very small wedand aiong its riparian edge, even though the stream vvQuld have a 50 foot buffer, the language of the proposed wetland criteria 2-a would require �a 1�00-foot buffer landward from the edge of the wetiand. � . . . . _ .` . • - . _ We agree that the wetlands adjacent to streams should be protected with appropriate buffers. We also believe that the language and criteria for wedands associated with streams should match the intent of the stream protection ' RE: Federal Way SAO • � . � � B-twelve Assoc. Inc. � ' � Maazch 3, 1998 � Page.2 : � . criteria. Therefore we suggest the following mcdifications to the Sec. 22-1357 Wetland classifications. Item (2) Category II wedands � � Item (2) a. Delete all of current language, then add to Section�22-1357 Paragraph (b): "If a Category II or III wetland larger.than 2500 �square feet is located adjacent to a stream, the width of the wetland buffer shall be determined by the classification of the stream. The buffec shall be measured from the upland odge of the wedand or the top of the bank of the stream, whichever results in the larger buffer." In addition, to re-enforce this concept; the following langnage should be added W the stream buffers:Division 5 Streams Sec. 22-1306.Setbacks (a) '(3) �m; ' � ' . If a stream lies within or adjacent W a Category II or.III wettand, the buffer of the stream shall be measured from the�upland odge of th� wetland��r the wp of the bank.of the stream, whichever results in the larger buffer. . ' . . � � `� 2. We strongly encourage you to specifically iden6fy those Category I wedand that have already been identified by the City, with the flezibility to include other azeas as they may be identified. As you can see from the attached table, a 200 foot byffer is a much larger buffer than is currenfly being used by any other local jurisdiction. Although we support this width, the economic impact to the owner can be staggering. For ezample, based on our field observation of several properties along the east side of Hylebos Pazk, we believe - that the 200 �foot buffer will extend all the way across the lots to Pacific Highway South. This would render these lots totally unbuildable. Surely� identifying �this limitation in the code would assist staff in coping with the Reasonable Use process that will.no doubt be required. . 3• Finally, although I did not specifically address the issue, I completely agree with Mr. Shields' suggestion that you consider addition of a provision for roducing buffers if enhancement or restoration is provided. Again using Pacific Highway South as the example, many of the wedands along the east site of the highway have fill up to the wedand edge. Many of these lots do not have adequate width to enable buffer averaging and, more significanfly; do not include buffers that have any value. - By allowing buffer reduction with enhancement, a buffer can be restored to protect the wedand, while allowing the ownerrelief from a broad buffer width on a small lot. There aze many good samptes of buffer reduction criteria :which I am certain 1vis. Sheldon would be able to provide. Alternatively�, :ve «rould t� happy to �provide examples shauld you wish .o pursue this alternative. Thank you again for your time on these very complez topics. After 14 years in wetland science I greafly �appreciate the complezity of the issues you are trying to balance. I believe this proposed ordinance is a great improvement over the current code and will still provide protection to�the valuable stream and wefland resources in Federal Way. Sincerely, B-twe[ve Associates, InG � � , .��° � ' �� Susan L. Burgemeister President �' �� Wetland Rati and Bu Jurisdiction Rating Criter;a Buffer w;ach Federal Way Category 1 Fxceptional resource value 200' (Proposed) 3 classes, one being open water Cat�gory 2 Contiguous (or tributary) �w/ fisheries resources or 100' Greater than 1 acre or Less than 1 acre w/ 2 classes , Category 3 Not �1 or 2, greater than 10,000 sf 50' Not �1 or 2, greater than Z500 & less than 10,000 25' King County Class 1 Exceptional or unique resource value , 40 %-60 % open water & 2 or more classes or - 10 acres w/ 3 classes, one submerged vegetation , - - in open water ! Class 2 Greater than 1 acre, less than 1 acre w/ 3 classes, or aze forested greater than 2500 sf Class 3 1 acre, w/ 2 classes Greater. than 2500 sf and have 2 or fewer classes Normandy Park Significant King County 1 or 2 Greater than 1 acre w/ 3 or more classes or forested larger than 2500 sf Important � King County #3 I.ess than 1 acre, 2 classes, none forested 100' 50' 25' _ 100' 35' Des Moines Significant King County 1 or 2 or lpp� Within stream corridor when wetlands are greater than 1 acre and have cl s Important King County 3 or - .. 35' � within stream stream corridor when wetlands less than 1 acre and have 2 classes Kent Category 1 Same as King County w/ minor changes 10 acres w/ 3 classes, one open water Category 2 Greater than 1 acre or � 3 wetland classes or forested _ Category 3 1 acre or less, w/ 2 classes �� 50' � � Pierce 4-tier, Uses point rating form; County Category 1 Exceptional resource value 150' � Category 2 Significant resource value . 100' ' Category 3 Important resource value 50' Category 4 Ordinary resource value, monotypic vegetation & 25' isolated from other aquatic resources r . - - __.__-- _ __--------- - -. . . _-�-�-:�-�--�. 36817-12th Ave. So. , Federal Way, WA 98003� March 2, 1998 "`!�`o: City Council, City of Feder•al Way Land Use/Transportation Committee Re: Sensitive Areas Code Revision Members of the Federal Way City Council: Often overlooked today is the fact that Federal Way was and is the home of Chinook, Coho, Chum, and Sockeye salmon, plus Steelhead, Rainbow, Brown and Cutthroat trout. Four streams entering Puget Sound on Federal Way's northern border are listed as anadromous waters. Lakota Creek received considerable attention recently when the Lakehaven Water and Sewer District enlarged the Lakota treatment plant. The Lakota Creek relocation project was completed and restocked with the cooperation of the Muckleshoot Tribe. The southern portion of Federal Way is home to. the Hylebos Creek system which eventually flows into Commencement Bay in Tacoma. All three forks of the Hylebos Creek have origins in Federal Way and all three support salmon runs. The Hylebos creek has been stocked and serviced by the Puyallup Tribe. Rapid development and lax land use regulations in the 1970s and 1980s led to excessive runoff. The resulting flooding virtually destroyed the once bount- ul runs of salmon and the habitat that is vital to their survival. Immense mage occurred to properties in the southern portion of the city and Federal �.. ay runoff had a devastating effect on private and commercial properties of lower Milton, Fife and the Port of Tacoma. When the City of Federal Way formed in 1989 it adopted a far sighted com- prehensive plan that gave its wetlands and streams respectable buffers for good reason. The accompanying map will illustrate that virtually all of Federal Way�s wetlands lie above the Redondo-Milton Channel aquifer. Without belaboring that point it is ob�ious that our wate*_ supply is of the utmost.importance and that our existing wetland buffers aid in recharging that aquifer. Perhaps not so obvious is that the water for our various creek systems originates from that same aquifer. And water rights of downstream entities and tribes guarantee that they will receive their share of water. And the Chinook salmon will receive their share of water! The Federal Government's decision on February 26, 1998 to place the Chinook or King salmon on the endangered list will give Washington State, the western counties and cities one year to formulate a recovery plan. Federal Way's surf ace water trictions conservative city code crafted back in 1989, plus an innovative management staff, may just save it from extreme federal year down the line. �� is is certainly not the time to amend the city code. Yours truly, pJ '—� Q • -�a( ., � �� ; , i: � To Land use and Transportation Committee Federal Way City Council � �CEIVFp MA� 0 � 1qaR C�T1'�pF FE� 5�,,�F y1C� r�Y � I understand that there wiil be a meeting tonight to c�iscuss fihe Sensative Areas Code revisions. i will be unable to attend as I have to work, however I am send;ng this letter to let you know my feelings on the matter. I f.eel that the present Sensative Area Code maintains high standards of. protection for water quafity and area watersheds. We dont want to this in any way, it is important to not give in to development for a small gain today and big losses of water quality, flood control, and aquifer recharge in the future. � Our area wetlands are important to the future generations of our city. Our area also contains several salmon bearing stream systems that we must protect to help protect the wild salmon and aid in the Govemors Salmon Recovery Program. -- I have lived most of my life in the Sate of Washington and the Puget Sound �' area, I did spend a few years on the east coast and can still remeber the horror of the Newark, Orange, Elizabeth New Jersey area. I do not wdnt our city to come anywhere near what that place is like. Please think very carefully before you decrease any of the standards of our Sensative Areas Code. Thank you for your consideration, Mayetta E. Tiffany 1231 So 308th St. Federal Way, Wa 98003 . G�-� dear , � ` . C � ^/ �; �� .. G'�d'r�� . . � REC�IVED [3Y c��ur�in e��,��r oF� A9TMEM' � City of Federal Way City Council Land Use/Transportatian Committee 33530 First Wav South Federal Wav. WA. 98003 Subiect: Sensitive Areas C�de Amendments Dear Committee Members, i`lA�'. _ i 1998 i would like to take this opnorlunity to comment on the City of Federal Way Sensitive Areas Code Amendment. The future of Federal Way is important not only to me and people like me but to our children and future generations. We must move with caution when dealing with issues like this because natural systems once lost are often lost forever. Sadly very few peonle understand the complexities of the natural biological world in which we live and depend on for life. It is incumbent on us to protect and preserve the integrity of the natural world around us. One of the most important elements of which biological nrocesses depend is water. One of the most important positive influences on water is wetlands. They help to provide clean drinking water and other water uses for us. They provide critical life support for the majority of our fish and non-fish wildlife. The list is long and sadly most people do not know or appreciate how criticallv important wetlands are to their dailv lives. � Here in Federal Way, as in most places, adequate hydrogeomorphic studies have not been made so as to understand the individual importance of each of �ur wetlands, large or smali. Based on this fact it c�uld be argued that all of our wetlands deserve Category i protection. For this reason alone it would be prudent to move cautiously when dealing with these issues. Throwing a bunch of numbers at a city code without fully understanding their long term effects is not a"good policy making process'. For these reasons I do not feel it is wise to proceed with some of these proposed amendments at this time. Some of my biggest concerns are in regard to the reduced buffer sizes for the nroposed Category III wetlands. Problem one, in iurisdictions using tiered wetland classifications up to 80% have been found to be placed in a category below their true category. Problem two, in research done and reported on by the Washington State Denortment ofEcology wetland buffers of less than 50 feet are inadequate to protect the water Quality. Problem three, buffers are also in and of themselves helpful conduits of water recharge for our aquifers of which we depend on for our water supply. These reduced buffers would have a very ne�ative imnact on the quality and Quantity of �ur ground and surface water. This could heln to nlace our drinkin� water in jeonardy and could nlace further stress on our dwindlin� fish novulations. As the representative of the Rainier Audubon Society i would ask that you would � proceed with extreme caution when dealing with issues regarding comnlex natural '� systems. This would help to protect the long term health and will being of our people and the creatures we share this community with, it would also help to secure the long term � economic well being of the area. Thank y�u for your considerations on these matters; R�snectfully ��,t. 0. Bruce F. Harnham President, Rainier Audubon Societv Cc: Federal Citv Council � � � �.__J THE STATUS OF WILp SALMON 1N PUGET SOUND; CHINOOK TO BE LISTED? ;� In 1991, the Endangered Species Committee of the American Fisheries Society (AFS) published an article reviewing the status of Pacific Salmon stocks from California, Oregon, Idaho and Washington in Fisheries magazine'. The article was later corroborated independently by the National Research Council The AFS committee found that: � More than 75% of Pacific salmon populations were severely depleted and at some risk of extinction; • Eighteen of the 214 stocks reviewed appesred to be extinct; 101 were found to be at high risk of eatinction; and • Salmon had disappeared from more than 40% of their historic range. Generally speaking, the health of salmon stocks worsened the further south they were found along the Pacific Coast, with the trend being even worse in areas heavily intluenced by dams and urban.developmen� The healthiest stocks were in Alaska and northem British Columbia. � � These findings led the Nauonal Marine Fisheries Service going salmon and trout in 1992, consistent with its responslbll tys,und�� Endanger d Spec es Act; �NMFS is now completing this assessment. In Puget Sound, NMFS has focused its concerns on coho and Chinook populations and on chum populations in Hood Canal, vrtually alI Puget Sound populations of Chinook salmon are far below what are believed to be their historic mimbers; most have declined from 18% to more than 90'/o since the 1960s. NMFS has determined that for Clunook—and possibly coho—the populations that inhabit the various rivers of the Sound are genetically related and thus share a common destiny; for chum; two population segments in Hood canal are closely retated. Such related populations are termed Evolutionarily � Significant Units (ESUs) and are the biological unit for listing salmon species under the ESA. NMFS is expected to propose to list Puset Sound Chinook and Hood Canal chum under the ESA in February 1998; Puget Souad coho might soon follow The ESU for Puget Sound Chinook includes stocks from all rivers in Puget Sound and Hood Canal, including t6e Elw6a and Dungeaess rivers on the Strait of Juan de Fuca. In 1992, the Washington Department of Fish and Wildlife�conducfed a status survey of salmon and steelhead �- in Washington waters. Published in 1993, the Satmon and Steelhead Stock Inventory (SASSI) reviewed 148 stocks in Puget Sound. The review found 11 stocks that were "critical =that is, subject to permanent harm or extinction; these included stocks of Chinook, chum and steelhead. It found 44 that were "depressed"—that is, whose production was below expected levels; these included stocks of coho and, in Hood Canal, pink salmon. It found 93 stocks to be "healthy =though even these did not distinguish between fish of hatchery or natural origin, only that they returned to spawn itt the wild. The best available information suggests that freshwater habitat loss and modification has been the most significant cause of decline for stocks in puget Sound, particularly for Chinook and coho. Poor ocean condi- tions and a failure to curtail fishing pressure have accelerated the decline. 1. Pacific Salmon at the Crossroads...Fisheries: (16);2, March 1991 2. Upstream: Salmon and Society in the pNVV, NRC, 1996 � � 299508 12�' Ave SW � Federal Way, Wa 98023 253 839 2947 March 2, 1998 Land Use Committee City of Federal Way City Hall S.336`�/1�` Ave S Federal Way, Wa 98003 SENSTTIVE AREAS HEARING TODAY Ladies and Gentlemen, I would l�ce to give testimony on the above item on the draft produced by the City staff and Planning Commission. 1.Since 1972, my wife and I have owned approximately 2 and %s acres of land next to Puget Sound 110 feet above sea level at SW 295'� and 12'� Ave SW. This has an approx 6000 sq ft wedand area and a minor stream including marshy area of say 8,000 sq ft, for a total of 14,000 sq ft or approx 1/3`� of an acre. � 2.There is an existing large house within approx 30 feet of the edge of the wetland azea to the east and to the west, along the bluff, there are houses on 60ft to 70 ft wide waterfront lots. 3.Under your proposed regulations I believe that I will be required to provide a buffer area of 101,100 square feet (approx 2 and %z acres} for the 14,000 sq feet of wedand. This is a ratio of 734545 to 1! Also, I would have no land to use as it would all be buffer. I think you will agree that this is a case of overkill. 4. I am in a Category II wetland because of the contiguous stream provision (even though there are no fish as we are 100 feet above sea level), and because we may have more than two types of vegetation on that wetland . I am told that three types of vegetation are very frequent in Federal Way and so all of such properties would be put into Category II, even if there are only tiny wetland areas like mine. 5. At the Planning Commission, the Chairman said that they would be pleased to include some kind of formula limitation in the Ordinance language if it could be shown mathematically. However, he said that none of them were mathematicians. Nor am I. However, it is very easy to set up an Excel spreadsheet to ascertain whether the buffer to wetland ration is reasonable or preposterous as in my case. I set one up and used it to calculate the above 7 times coverage ratio. 6.At the Planning Commission, staff showed a chart showing Federal Way in the middle of the local jurisdiction pack for setbacks. More than one Commissioner said that as Federal Way was in the middle of the chart, then they would be very comfortable voting for it! This chart comparison failed to take into account the provisions on contiguous streams and on more than 2 types of wetland vegetation which pushes very small wetlands automatically into large 100 foot setbacks as Category II wetlands. 7. Specific changes requested to redress the above problems are: � .y a. Sec 22-1221 Division 1. Fax page 8 of 30. 2° line, after word "degradarion" add the phrase :"at the same time realizing the reasonable ownership rights of the property owner." � b. Sec 22-1223 same page para (� after" 100 feeY' add the words "for a Class II wetland and SO feet for a Class III wetland edge. This splits large and small wetlands as 3 and 4 above split major and minor streams. c. Sec 22-1244 Reasonable use. Page 10 Of 30 Page 3?: paras (1) and (2) insert "reasonabl�' before "profitable.".New para (6) add "The expectations of the applicant for the propert�+ when it was bought and any extenuating circumstances."New para (']� "The need to balance t�ie reasonable rights of the applicant are to be balanced with the need for environmental protection " New para (8)"T'he status of existing improvements on adjacent property. The above points will make this provision fairer to the environment and to the applicant — this balance is what the Courts are looking for. Federal Way should be a leader in this type of balanced approach, instead of taldng the "guilty till proven innocent " approach of the present ordinance language. Reasonable use does not equate to no use. 2° line of next page, page 4, should delete" �(1) and be replaced with "(a) and (cxltluu 8)" d. Streams — these categories are faz more restrictive than suaounding jurisdictions, per attached schedule and minor stream setbacks should be cut back to 35 feet. e. Division 7 Regulated Wetlands Page 15 3� line after "100 feet" add "for Category I and II wetlands, and 50 feet for Class III wetlands." f. Sec 22 —1357.Wetland classifications and standard buffers. (2)line 2 delete "one" and substitute "all". (2)a after end of third line add ", excluding wetlands under 1 acre " (2)b change "two" to "three". (2)c change "two " to "three". g. After 5`� line on page 19 {3 } a8er "area" insert ", but in no case shall the coverage of buffer to . wetland be more than 2: 1." � h. i. � � i� Barbara Petersen � 30902 Sth Way So. Federal Way, WA 98003 Dear Committee Members, Mar. 2, 1998 My name is Barbara Petersen. I've lived in Federal Way since 1984. I have enjoyed my past participation in Federal Way's CityShape events in'92 and'93, and in public hearings conducted by the Parks and Recreation Commission in '94 and '95. My motivation for getting involved has been my concern for land use decisions made by our city. I am calling upon your wisdom and far-sightedness to make the right decision about the buffer zone around wetlands and streams. Please maintain the current requirement of 100 feet. Please do not change the sensitive area ordinance by lessening protection for wetlands and streams. Such a decision may satisfy the needs of developers today, but it endangers the future quality of life for Federal Way citizens and their children! It is time to preserve, not destroy. � cc: Federal Way City Council Sincerely, `�C�cl'� � �c.��,� Barbara Petersen � I � .. . _ � � / EA AC � _ . . - M�AgL•L March 2, 1998 , Members .. .: ' . _ I.and Use Transportation Committee � . 33530 1� Way South . � � � Federal Way, WA 98003 . Dear LITTC Members: � . - __ : We have reviewed the Environmental Sensitive Area Ordinance. �� i.anguage has added to the definidon of stream to exclude storm/surface water facilities from being classified as sensidve areas. We recommend the following language, which is utilized 'ui the definition of stream, to exclude storm/surface water facilities from the definition of wetlands: Please add the following: , � Section-22-1 Definitions - Regulated wetlands -"This definition is not meant to include irrigation ditches, canals, surface water runoff facilities or other artificial watercourses unless used by a local or migratory fish population or was constructed to convey streams which e�sted prior to construction of the watercourse." Recommend a grandfather clause be added to Section 22-1356 (c.)(2) A detention facility should not be considered a wedand simply due to installation on a lowland previously not defined as a sensitive area. The ordinance has been reviewed by our azchitect. The above two items are the two main concerns: 's � Other provisions of the ordinance have been defined as unfriendly to the development community: ` A listing of these concerns can be made available to the Committee.. Sincerely, l� � � � _ - . ._ Elaine C. Mansoor " _ General Manager . '. � cc: Ken Nyberg ' . - ` Greg Moore , . � ' ,. , 1928 South SeaTac Mall • Federai Way, WA -98003� � Fax (253) 946-1�13 "� Management OFfice (253) 839.-6156 � Marketing Office (253) 941•9238,� ; � �� . i �' x .. � zY � ' - . . � f f T 7 ��: �� f '.� ' T. i a � . . . . _ � - _ . 1 . ,i' " 1 . . 1 � . . �. . . , ., r _ � �� . ''• � �' � - . . -: . March l, 1998 ` _ : . ±: .� . r � . � . . .. �� - )` 1 - � ! :� -;. ' . -" � � �. fI To the Land:Use andtTransportat�ori Committee �r ,� �`� �;��,� z� , -� � £�.�� i � $ � ^ � : Y �� _ ` ily � .��` 1 : � i ,A ,jU1 ' v'{}' � ., � t Y �1. ". �� 5� . . . . .y �- f l��&�. 22'~`� -� p . . _ � 1 ..: +�� - yA� 9 l y f :l"' i. , .�, :� � �, . �. {�i � • •�" a 4.♦ ,_ �� d r�M .. * Following is'a quote fxom`the Wilc�life �Preservation Trust Fact Sheet -4 � �"''�� ;af ` � _ t:�� :, .:� , � r , .� �- ..a r ti ` h''� ; ',.#,c�'� ,. ,��. �, : �. �� ' .�� Y�.� !� � What is Happenuig�fo the�World!s�W dLfe?� � > � � � � �: � ,,�� ,�� R � � � t � �� - � �� t � � ., � �� , � � < ..� x� +�:� ' i� ��,�� ` e � �'� ,� ,�� ' � �.4r"'�' a� o nimal�anc��plaiit�egt�n, hori's �e e e' We are m}th'e,�mi�d�'� �� ' � � . _ .. _ � ., ...y.,�:� _ � �;:��_,;�::�, ,. ��' ��.�,': � � �" ` !i�G� �u.cn t ,; � � ; :' �oinQ hhon G. ,..% k a �, � �s E `� yn.r � ?3� ,�''s_ Atta ed is a '' ea on Janu� - � � Moore, and r. substantial b� �, ; including ho� rigorously�an � : ;' � � s ; � � � �'zr�sr.t�nW :F a F �� '�.� r�r,�t��,Y #> `�r; � � � � , '�" ��"+�"�... ::;Rstnn �� # � �+,. f{, yFe py'�of a letter �, � 17, `1997. I �'wis : .J h concerns about,pi� use we need theA , : - :�� sapiens. Substan� ,teadily on into thE E .. � � ��Y Y . � � � t ''� � +L it� t '. t t '� ;: �'% . , . . � �L 1 st�Ylace;��1 � ; � � �� °� Way �� A � 9 3 � ' �. �� -� � ' � � �� .y sr� � a:�c . t � kFcw � �� . r � ' . � � 4`1F� � : fi`'` e'' �' � " t+ 6 � . ,, � 5 d 1 N +C � x . y � .. t'MM :, �'L � ,��, �� ''3'3 a.�e�' � ., �'�� . r �" ,._v <.<.. t � �T , ' i � / •, / , �.�; /99 � ��0 .S. 32/ S � �l ��o � LUa 9 �003 ��/— z99� .lo , . . �°�, `� ��c� , . �2� , �7�io�� d2!' � � % i '- ' i � -� ; ' _ a�. � , �� 1 � . �� , � �, ; ,,� , , ., , ,. ,% � , e , .; � � , ', , ' ; �� ,; / / ` � / � / / � � � ; �, / � � _ � / � � . � i i „ � , �� i i / � � i i � � i I / : � � �l�_ � '�- ` . . l/(i / i ` �� . . r � � /� � � / / � / / , � � i _ �t!'/ L.C. 7 �� W`� J/�'Q�/`� • . . . " � n�� ea, �, o��., , � �� . � .�;�'ca.� ��z.e, _ �'G�,�-� . d�� ,c.� iywc�e.._ . � � � .� ,� � �� , ��- ,�l � � �� /i i � . ' � / ' i � /� � , � � � � �. � i / i ' / i � � �i � ' / / � , � � ! , � � � . ,� i ,i / : � � � �' i �/ / � i i i i �� / // i - i. � i• � i, � /� 1 � � �, � � � - J ....��'a�-e� ` ^ �, - C��..�, - . ce �ir��.e�.- �c,��►�.2. a� ,� �? �.� _ ..�c-�..e. ( . �,�� .��,�rr�e- �G�.� � � � Gt-Q- G� �O ��2�T.B�u�'. � ��-Q� : - Q�u. . �5�-d ,�0-Q� ,�� - - Gt . �. : . � ./4`I 6 ' ;�.e �,.�� ,�'.��P.r,c�.� - , _ �C�i � ��e. ..� ,c,c-� /ya-� �� , , � .!� -'�s �0�� , �� . .��k� � C.+c� . � .5 C��,�e— S .� � � . . 0��" r � � . , ,� � � . , � ; , ./ . � ,. _ . '� � i � • i � ,,� . , ,,l % � �� . � . �� • , = . �� im.e Gt ��- /�.e. �� - - •. _ � , •� �l:d't.G�. /)''Z �"y�('e' . i�� _ � � � .,�,w a- C�� . _ . � �. � � � �� _��i,►,�,r.� Gc.-r�,� �'�'h . � �2e� d� ' � -��i,�aJ'� ��-� . . � � _ ,.,'`,� .��.,� 8s � . . �,�. �- �.�1�� 3� �► ,�. � a s�y�.��. ; ,�.� � , �- `/ ��. � 9�(3.�/96 � � .Q'�� - i�� U,,' `r'v`' / / � / /�(! �. u ' .. G�� •� .Gvzt� ir.d'�i � �� o�ii � _ � G�� . � �� _ ��. � � ' - ,� �° �,� 'x`�t� e��G' - y � �� . , �--i � ;� %� �e- G� � ��6 . _ _ _ _ � _ 1L� _ . , o� - ' D�v ��,v Oa-t.oQ. y�n �� - .� D� v , _ .: � ,,./� G'��/ ` C ��t-v�� o'� ...�i�,d-r.U `� �a-�r�� . �UWF�.QJ�L2- ,��> . " %��Ld�C� �d�D . �'�'�� , .� .Z!yi�� ; %�c�v � a� ��`°�� • �` � _ � �, � � � � �.� � . . t,,�. � �. . � .. FEDE � �7CT Y P U B L I C S C H O O L S 31405 18th Avenue South Federai Way, WA 98003 (253j 945-2000 Web Site: http://www,fwsd.wednet.edu Superintendent Thomas J. Vander Ark Land Use and Transportation Committee Federal Way City Council City of Federal Way P. O. Box 8057 Federal Way, WA 98003 January 26, 1998 . Re: Sensitive Areas Regulations Amendment Dear Council Members: Boud ot Education Linda Hendrickson Holly Isaman Joel Martcs Mn Murphy Jim Storvick This letter provides the Federal Way School District's comments on the City's draft Sensitive Areas Regulations. As discussed below in further detail, the proposed amendments to the wetlands classification and wetland buffers restrict the use of school sites to a much greater extent than other jurisdictions within `� h our District operates. For example, buffer widths are four times greater for some wetlands in Federal ay than in other jurisdictions. This results in the loss of considerable buildable land to buffers when buffer area is calculated. We, therefore, request that the Council cazefully review both the proposed wetland classifications and buffers and adopt measures more comparable to other jurisdictions. A. Wetland Buffer Widths Table 1 compares the wetland buffer widths proposed for Federal Way with those from other jurisdictions in King County. Table 1 Jurisdiction Rating Setbacks Des Moines 2 Tier 100, 35 Kent 3 Tier 100, 50, 25 Renton 3 Tier 100, 50, 25 King County 3 Tier 100, 50, 25 Federal Way 3 Tier 200, 100, 50, 25 While the table suggests that Federal Way's proposed buffers are twice those of other jurisdictions, the difference for some types of wetlands is even greater because the proposed amendments classify certain �ands in higher categories than in other jurisdictions. ��ori, ct,,,�o,�, t �,��,,,-r�r ��,� � � ��, rr� Land Use Committee Federal Way City Council O1/26/98 �.�� 2 . For example, the proposed Federal Way regulations define Class II wetlands to include wetlands of less than 1 acre with tw� or more classes of vegetation. The draft regulations wou�d require a 100 ft. buffer for these wetlands. In contrast, the King County system classifies such wetlands as Class 3 wetlands subject to a 25 ft, buffer. Similazly, Federal Way designates wetlands, regardless of size, that have three or more wetland classes, one of which is open water, as a Class I wetland. In contrast, other jurisdictions classify such wetlands as Class 2 wetlands. Again, because of the difference in buffers for Class 1 and Class 2 wetland in these respective jurisdictions, the difference is a buffer of 200 feet versus 50 feet for the same wetland type. � The difference in buffer widths can have dramatic impacts on usable property. For example, a wetland measuring LQO ft. by 200 ft. (less than 1/2 an acre) would require 15,000 square feet in buffers if the buffer width was 25 ft. With buffer widths of 100 ft., the total amount of required buffers jumps to 60,000 square feet. Thus, a property owner would lose the use of almost 1�1/2 acre of usable land to buffer less than 1/2 an acre of wetland. The School District owns several properties with wetlands that will lose much, and in some cases all buildable land, as a result. Most ofihe potential future school sites the District has examined in the City have some wetlands. The proposed buffers will force the District to acquire considerably more land to buffer wetlands than would otherwise be necessary for new schools and could significantly increase the costs of suitable sites. � The discussions before the Planning Commission did not establish wh such dramati � y cally larger buffers were necessary in Federal Way compared to neighboring jurisdictions. For example, most of the material on buffers provided to the Planning Commission suggest that large buffers are primarily important where the wetland is important wildlife habitat. Federal Way defines a number of Class II and III wetland categories using vegetation types. The materials suggest that extensive buffers may not be necessary for wetland classes based on vegetative types, such as some of the proposed Class II and Class III Wetlands. Given the dramatic impact that the proposed classification system and buffers will have on the School District and other property owners and the lack of clear justification for such buffers for certain wetland categories, we encourage you to consider using the size of buffers and types of wetland classifications used in surrounding jurisdictions. _ Sincerely, �� , l«YL Tom Vander Ark Superintendent �C:J r ��undskapilaMeal esUleUetter counctil �egaro;�y weUand buifers �. � bcc: Grace Yuan, Eric Laschever � .. o • . . .. . I �� December 3, 1997 To: Federal Way Planning Commission From: Monte and Diane Powell Subject: Sensitive Areas Regulations Amendments �i The proposed changes on the attached draft will allow us to do the necessary stream restoration on our 40-acre site. Our attorney Konrad Liegel has reviewed your proposed � language and has drafted the changes. Thank you for your help with this matter. '� � � '`: ' i ODI Y2i/YZ] TZ=ZT 3fLL L6/SZ/TT � Novc�ttbcr 25, i997 � � To: Federal Way planning Commission From: Donald $. I,argen, AICP Planning Consuitant � a�'� �� Subjec� Sensitive Arcas Regulations Am�ndmonts The Planning Cotnmission requestcd at the last meeting that we address sevecal specifc issues rclative to the proposed sensitive area regulation amendments. Modifications have bccn made ia raspond to iha commission's reques�t. Thc cffected sections•of thc City coda are prescn�ed below by .subject in an undcrline (new itcros !n the code) and str�ce through (deleted itein.$) focmat to shaw how thcy would appear in thc code. We have att�ched the exis�ting wctland regulations in App�ndix A so the commission may sea how those regulatory items fit together. The modi�cations are summariud as follows: I • A new elause {c} defining and excluding aeiive drainage facilities from the wedand regutations ha.s been added to S�c. 22-1356 Determination of wet�and and regutated wedand. This h:ts been based on a staff interpretation issvcd in 1996. Note that Sec. 22-1356 is thc: sec�ion of tf�e Ci[y's code th�t specifies the information requit�d for review of a wetland site. 'i'he proposcd wedand definition remains the sams as in our prcvious discussions. • 1'wo clauscs have been addcd to the proposed reduceci buffer provisions with criceria to aUow for buFfer reductians in cases of significandy altered wedands arid for single residendal locs ptat�ed prior to che City's incorporation. • We havc split the buffer sizc requirements for Category III wetlands, such thai those greater than 10,000 square feet will have a 50' buffer, and those less than I0,040 sqoare feet would receive a 25' buFfer. � A modification has been made to the existing reasonable use pcovisions to allow for a Process I review for single residential lou platted prior co ihe City's incorporation. � A modification has becn made to the stream rehabilitadon provisions to a11ow for intrusions into stcep slopes and associaced setbacks. � W�rms "` ' -�._.-._._.. .�..�_____ CHArrE2 22 AR'CiCLE I. GENLRALLY Scc. 22-1. Definitions Rcgtrlated wet!«n�G• sh:tll mean tho�c nrea.� r ter than 2 50t) � f�ct in srea th�t arc inundated ur �aturated by su� or gmandwater ac a fctiquency and duradon sufEicient to support, and that 7,0 '� � t : � t �n.�. � F-��-n�N � `' L8699 OIQ YZi/YZ] TZ=ZT SlLL L6/SZ/TT I � I.� . _.i �►.__ _ _1'1 J�� l. l.l 1 � ��.� �.� � �� '1�: 1 1 � J 1 � • 1 � �1! � :.. - _1 " � d t�_ _ � � � 4'1. 1 1 J � 1 ° 1 ii. i � '41 !. �' � ?� i i � t 1 _i 1 ' � 1}.Ch'- - `� - I � l � 1� , :! � � ! 1 � �. t fl � ,11.Y �1 4� S i l .�� t_.�i e f ! � � � � 1_ ►ot � � �lk �� [y� � _ � � :�• • • i � . �^,h. f i � t.�. ,t �� : L�- ! . � 1 ' ��l i • tt 7� •� � R y It r.. h ' � � ! 1!'"'1\ �R•:. .^_� • ._ • t��. � �y � i . ! i.l _ •_ i.".' ;�1 ! 7, / 1�. 1 �� 1 � � 1� V 1? lS_ L 11l (� J , i T:} � 1 � '. I 1 ,! f�.f ' i� r t i t. •!i yc ' u �_.�.� - . _ �► s . . i �. . ! � � �te _ n, � . . . 1 � i 1 �� 11.! . } ! � 1 .1i. � ' � ' :1 ; t 1 t � .I .1 � '.� _l fl i� t :L? 4�� . � 7 . 1 1 _ 1 � �It + ♦ 1 • 1 � I �1 . J! L� L _ ! �� r . � � ). ! �} . � 7 ' � If � • L 1 � t 1: � ,�Si 7t. l � 11 l.� 1 � ► �f.'f, 1 i.l � .11 _t � . S - -L� .1 t _ - 1 t i.\ I � I ? t . � h U elt .� � i r � . 1 .1. _ : � t� U ! �P � . � �: _ � .. � ! I.( �.f' 'tl.'a' . �1 i i . �a� � -1 L . l � : 1 � � • t • . 1 1 • � � _ � � j�,.,,S�indnrd but7e� wtdlhs for ree�+lated wedands ar+e etflMithed n,e follnwc• f 11 Catc�ry i weilands shali have n stendard buf(er width af 2A0 fcet �2� C:ttceorv Ii wctlancte , shall have e standa�+d bufrer width of 100 fcc� (�) G�tc�c�rv tii wetl�n¢� sh�ll httve a standard twffnr �uvi�l�h oC SO feet for vrctland�t at iut; �n;tticr than 10.000 snuarc ftet in �rea_ and shall hava a standard buf� xridth of 2S fr�� f�* s. •,ands tl�nt nre b�twccn 2.500 to IA.000 �u�re fctic in areA ticc. diiSa�tion of standn�-d wttland buffer. a f3r� r r il r•�n�f!iit�. Buffers mav he qveraecd onlv when [he sensitivc arese te bc bufferod cnntains h-►h,j�j lvix:s which It�yg brcn so ocrmanenrlv �mnacted ihac reduced hnffers do nol �otic a detrimsn� to thc exis�in�or gx L�`c:icc! habitMt funr�ions. 1'he t►n�licant maat demoncrm�.• fn �h� cq�; F�.�-r� n of tho Dir�c.mr of Commun;w I�4��uic;nt thnl thc pioposed buffer nvcraein� will�cct the fc�Uowing cri�erir� !. Rccluccd f�t�ers will noc affeec the wacer quatitv enurine a wetland or stream= 2. Rcduccd btrffcrs wil) not advcrselv effcc, si2niticam habicat arFas wilhin n scn,iciv rr��+ or nc� buffer. 3. Rcduced b�ffer5 wil! no[ tesul[ in LnerAblt txrih conditionc nnr r�rnr� .•n�e➢.,� ti,�p � and 4. �cduc:c:d butfers witl_nol bc dclrimenral tn anY o[hc:r vublic or privnlC Drc�ncnic�_ 1nC� A C lA5 j n no inxtnnca� • Ihe buffcr width j� to laqs than �0 9(v of lhc rcquired st buffcr widlh. 111C,.lSLli(-hrcn cc►atained within che buffer aftcr av raigj,ng all h a�al to lht nrea reuuired fc,r .+'_�;�3csTCS(,b�fftr dimcnsions� � f 1 �� 1 Rc�rluy{4<. o(Sru�tdisrd Wet/n�t[[ [3u,(�! W.'dth '11u; �ircctc�r of communitxdcvcic� �n n lfly rcducc Iltc s[a�dxrd WCtI'1nC1 huffi-r W�dd�t bv � to 5096 on A,�n�r hy.�� ba�ie wt,�rr n�� nf.t,,.��jowini '� S'�t�,tuons cun bc demonstrated: � �i � 3 b0 '�i (l7, : � I �fl.l. 1.6-�7.-I1�N •�• ' � ' • [8699 OI1 Y�i/YZ7 TZ=ZT 3fLL L6/SZ/TT • ' . Tl,e du►�c�'OC o� ceNHvtn►� �cv�� r►er��, aprt��ca►►�' -�-.� t,�1,o,S.1�,�t or r�q�1n�A��, Ha� a�S� perr��- 0. �`�'r�� M C MR�sr Mir�or stream shFtll mean uny strtam that does not tnett tho dofinidon of Major Sueam. '� ARTICLE XIV. F1�iVII20NMENTALLY SfiNS1TNE ARl?.,AS DMSION S. STREAMS Scc. 22-1311. Rehabilimt�on. 'fhe direccor of commuaicy deveio�ent may p�it�r nquirc tfie a�r aM,licant to r maintain a Maiar Sstret� by rcquiring the remm►a! of devimentai maiariats svch as �salimcnt and inappmp[iate vegetation �n�r�euiFi _ ,,,Q.,, � �r ar 11ira � �'�rcqM� � � �.1 t� �,,; � n� �-1� n � M.� vr�� d�. �Q .,��.1 • ca�,c or.... M.a��'cr� A1 � �. � �►p� S�IC� a� S , S�'��.4�v' nditiot�ss. idontificatian �f the +.� �++' *h�. r1�p,� at thc st m or �Atian �anr �C� r �� tve ce Ic anti d �• aluns as noces�arv Thc irccioc ros�,r�cquires an annlicant to retain the scrvicaa oFa qualifi� $�c�, ly r,•�� ltrofe�sicmnl �n r�rcnarinE the restor�tion plan T1�ese aetipns may be p�cmiued or requi�ed at any dme �^` th:u a eondition dctrimencai to watec qnality, stability of,�meam banks or habltac exists Intru�ions i t�o 11` �, ulatcd stc:eo ciooc� and sssociatod sccbacks ar�'ll bc ailowed for ouinosca of aoprovcd strcam ^ rchabsltt�tion nrotccts i nq(�p'c0� r, � - - � �S��t e� qh� � a� \ o w � ,� � Sec. 22-1312. Incrusions into setbacks. p� ��(` .�, L M„� 5��, �A �� 1�� M (c) Otftcr intrusions Ochcr than as �cifie,cl jA subscaions (s) and (b) of tfiis seulott. thc city may ~ appm�c ar�y �eqacsc ro locatc an improvement or engage in land surface modification within strcam sethack area.c on�y through process YI, based on dte folIowiag critcria: I. Ic will noc �dvecsely affcct watcr qualicy, 2. Il will noc destroy nor dFUnagc a signifiicant habitat area. �. !t wilt not adversely affax drainage or stormyvatec ntendoa capahiliaes. 4. it will nat Iend to unstable earth conditians por create erosion haT.�zds, S. [c w;11 not be materi�ily detrimental to any othor pcope:ty in the area of che subjec� propcny nor w tlte cily as a whole, induding the loss oCsi�aificant opea space or scenic vist� G.. fr.-• • Fk ix •nex�ss�t� �c��eE�t�a#►I �_� C(,�,aC'�� 1� �6. �tis necc�.Sary to correct anv on� of the adverse condici ns speeifitd in subsectionc (11 dtrou (51 QF thts ccr�ton ..�.._ .............. OTfiER ISSUES �....... ............._w�._...._... AR'rlCLE XIV. ENVIRONMF.NTALLy $ENSITIVH AREAS DMSION Z. ADMINIST[tATION Sec.1Z-1244. Reasonable use of the subject plroperty. (b)_•Art :y�plicant mAy apply fvr a modification or v�rsiver of the provisions ot this aRiclo usiag process III; Cxccot thai aoplicnti�ns for,proiec ��inak fflmilv rcsiden ial Iots plalctd prior to r�1c inco ralion of thc City may use proccss I �� 9(l '� � I Z : z t�n.c Ls-SZ-noH '�' � � y ' [8699 � OH Y2i/YZI TZ =ZT 3lLL L6/SZ/TT ' ' ' . • APPFsNDIX A ---.....�...._.........�... EXISf1NG WBILAND REGULATIONS c�c�nclician dctrimcntal to watet quuIiry or habi[nc txuts. (J� Mud� rutiun. Othcr than as specified ia subscc.-tions (b) and (c) of this section dic cily cwuncit may appravc any c�c�ucct to locate sn Lnprovcmcnt oren�age in land surface modii"ication within a regutatcd wc;ti;�nd using �rocc.�.� IfI. The specific locadaa snd eutcnt of the inWscion iato ch� r�gulatai wcdand musc constiwtc lhc minitnu�n nrcxssary eneroachment Approval of a tequest fc�r improverrunts or laad surface moclificari�n within a rcgutatcd wetland through pra�ss III shall be based on the foUowing crit,eria: (i) .. i2) (3) (4) It will noc advorsely aff�ct wacer qualicy. It will aot destroy nor damage a signifieanc habitac area. it wi11 noc adversely affect drainage or stamwaur recendon capabilides. [t will noc knd to unscable earth condidoas nor creaco crosion hazards. (S) [c u►i!! aot bc matcrislly durimena�l to aay othcx prnperty ia du ac�a of tha subjcci pra�ty nor io __ the city ns n whole, iacluding the loss of sigaificant op�n spaec or scenic vista. (6) (7) �g) (9) I� will r�sult in no nu loss of wala,id araa, funaion or valuo. The projeat is in the best intecrst of the public h�alth, safc�y oc welfac+e. The applicanc has demonscrated suffi«enc scientific exputisa and supervisory capabiliry to carry out thC prejoct Thc appticant is commiued co monitoring the projxt and to make corr�ctions if the project fails to mcet projected goals. . (e) Rey�cirrc! injvrmation. As paR of any rcquest undet thls section, lhe applicant shall submit a repart, pceparat by a qualified professional approv�d by the city. that includes the foIlowing information: (1) Mitl�ation ptan. A mitigation plan shall includa thc following elemeats: a. Environmcntat goaIs and objecdves. 80 'd b. Performance swndazds. c. D�tailed constivctioa plans. d. Timing. c. Monicoring program f� s minimum of ftve y�ars. f. Conting�ncy plan. g• Performance bonding in an amount of 120 poretnt of the cos�s of icnplemencing each of the flbove elemen[s. (2) Mitigarinn. Mitigation of wetland Impacts shall t�e restrlcted to on-site restorAtton, cxc:��eivn or cnhanccment of in-kind weQand type which rc.tiult� in no aet loss oC wedand area, func:tion o� vatue. Whera fcasible. mitigacion mcasures shalt be dasigned to improv� thn funccions and vnlues af chc impacttd wa�land_ • � � (3) Minimune acreagt replaeemenr rorio. The following are minimum restoracion, creation or � . 2 - ZZ , Z I 3(1,L L6-5Z-AON .� . • • �" [8699 OAI Y2i/YZ] TZ =ZT 3fLL L6/SZ%iT _ . . �.rrr.►rLU c� ; `� •--..._ .........................»...._.. EXISTII�iG WGILAND REGULATIONS c:unatitutc thc minimum necessary �ncroachmont bo mcet the requiromtnu of thc public faciliry or u[ility. (c) Muiar improvamenrs, Mino� impmvements such a, [cx,t�ridges, watkw+ays and bcnches may be locatcd witbin tlec setbnck area from a regulattd 'wetLznd if approved tftrough pzoeoss I based oa the fuilnwing eritcria (1) Ic will not adveraely at�ect Waux quality. (Z) (3) (4) (5) � It will not destroy not damage a signific�n� habitnt area. It will na advasoly affecx dralnag� or scormwatcx nten6on capabilides. ic will noc load to unstabk eatth eoaditions aor ereate uosion 6azaeds. Ic will not be matcriailly detrimentat to any othcx proPcrty in the area of thc subjcct pronerty nnr tv the city as a whole, including th� loss of significanc open spae� or seenic visca. (d) McKlificutiun. Other than as specified in subseea�ns (b) and (c) of this scction, the ciry may npprovc any reque.rt to la.'ate cu� iniprovemenc or eagst�e in laad surfucc modi�ication within che setback:u+aa from a regutated weQn�d �h�ough process II� bas�d on the foilowing cricaia: (!) (2) (3) (4) (S) It will not advas�Iy affoct water 4ualiry. jt will na desaoy aor damage a significasic habitat area. ic wili na adv�rstty affccc dratnage oc scormwauc rccrntion capabiliti�s. It will noc load to unstabk �ar[6 condiaons nor ereate erosion haznc�ds. I� will not be matecially dclrimental to any othet property in the are� of th� subja:t pr+nperty nor to ihc c;iey as a whoIe. incIuding the loss of significant opcn spaee or scenic visca. It is nec:essary for reasoaable dc�elopmenc of the subjcec property. (6) �� (e) Re�vrgetation The �pplicAnt shsll sisbiliie all ac+eas leQ cxposed after Iwtd sutfacc modificotion with naci�c vc;gcwtion nornially associaud with che s�tback area. n W 0 t 'd £Z : Z t 3fl.L L6-5Z-I10N 29508 12TH Ave S Federal Way, Wa 98023 12J3/97 � Planning Commission of Federal Way City Hall Federal Way, Wa 98003 Ladies and Gentlemen, Wetlands and minor streams I have the following items to request at tonight's Public Hearing. 1. My wife and I have owned approximately 2 and 1/2 acres of land at 12th Ave Sw and S 295th St since 1972. This has a say 6000 sq ft maishy area and a minor stream including mazshy area of say 9000 sq ft. These are probably wetlac►d areas, for a total of say 15,000 sq R 2. On the 6000 sq ft area, this has a sewer line going through it and it has all been dug out during sewer construction and backfilled. 3. On the 9000 sq ft area, this is a minor stream of say 3 inches width and depth, with mazshy boundaries. This may be treated as a wetland contiguous to the other az�ea or it may be designated as a minor stream. 4. I believe that there was going to be as cleac+er definition by Don of non fish areas, especially as my sh eam drops 100 feet s�traight down into Puget Sound. 5. I think that Diane's point of "sensitive ac�as ngulations not needing to be fair" is very wide of this Planning Commission's thinking. I don't believe that citizens should be told this if it is not true. 6.I am attaching a map of buffer coverage azea versus wedand size. I am using to say that this coverage is excessive and that you should use or 20000 sq R instead of 10000 as proposed by Diane on her first cut as requested by you. 7. I think the point needs to be made that the elusting 100 ft set back was completely arbitrary and that it was lmown � that it was oin to be tem o g g p rary for up to say 5 years. Thus I do not see this present process as giving me something lesser than the current setbacks: it is just that the cuaent buffers are excessrve and arbitrary and I hope to see that these new proposed rules put the pendulum back in the center. I s�l believe that Diane has got them too far towards the current rules. 8. I believe that if current wetlands can be improved, then the owner who makes these improvements should be given credit for this in the process. 9.The degree of what is being protected should also be put into the equatioq particulazly for small areas, and this should go into a letter of intent paragraph or section, together with a statement of the need for balance for wedand protection versus equity for property owners. 10. My understanding is that if a wetland has 2 or more classes it it automatically be put into category 2 with a 100 foot buffer; I am told that that could be the case for the vast majority classes of small wetlands, as they could nearly have 2 classes„ so the present wording is a hoax on the property. 11. I would l�ce to ask that minor streams get roughty the same setback as small wetlands of 25 feet, or at least 35 fcet as in Normandy Pazk. Why should they be different from wedands. In my case they are almost the same. 12. I believe that the 8 criteria are too restrictive and I would like to go tlu�u them with you and I suggest adding some words of�ntent into this language. ' 13. When you finalize you review, I suggest t6at before final signing offyou get a ranking by staff/consultants of how restrictive Federal Way is compazed to surrounding jurisdicdons. All consultants have told you that Federal Way is the most resh of all and I believe that you have a duty to check this out before sending it to the Land Use Committee as I am sure that they will ask for this information. � Very truly yours, 2�� h �e�;,.� -� DEC-03-199? 18�09 FROM H12 ASSOCIATES . . • _ . ' ��Q �. � ,� '��_ � �, Decem�ber. �, .1447� � .' • � 1._ _J I , . • . . >�: a Planning. C�mnrission ; � _ • . �� . . • � .Federal.Way;�.WA . . . ' .�ur►s �Ms. rs�ny�ci�mg : ' . , RE: Revisions to �ederal Way Sensitive Aneas Code Dear xactiy �ia .comr�u�ori�s, • I an�ll not b� �ble•tb attend the Planning Ca mic.cian m�g �•evet�ing tp pi+p�3de ' camments on th� I�Tovember 25, 1996 of the Sensiti�ce Areas i�ilations . would.youplease presertt this letter to the Commissioners on m�► behalf.� l. Thank you for responding to our suggestion that Re�sonable Y3se Exccptions for � exis�ting•siagle�arm'ly�Iatoed lats be rcvicwod under the Phase I process. We believ� that this�uttall c,hange will significantly reduce stress and e�ense for both . � the lot owners and you� staff. ., ' 2: � und�d •irnin a phon� c�ll with Don Lazgen that yo�r intent is to continue to keep "Regala�ed La�a�.s" as a s�eparate c�tegory from. regulated wetlands. We � � sttonglj+ enrourage this� appm-ach since every regulabed lake wo have �countored in Federral Riay would meef �the criteria to be iated as Caiegory I wetlands under this revised secisiave ai e�s. tanguage- . � . . 3. We suggested in•our initial comments to .you tfiat we betieve that defining Category . • II w.etIands as thos�: arr,as Eraving two wetland classes is too t�estric,tive and will . . place the vast majoril�jr of w�tlands within this categoxy. We still feel that a wetland of middlt'value 'should be requited W include three nazive wetland classes and as was octgitlally suggested by your consultanL We request that the propoxd Iar�guage nf Section 22.1357 Wetland classificatioas and standard buffess (a)(2) c. . • bc mod�ed to read• • � : Category' g wetlands. .... C. ane less •than or equal ro one ucr+e• in siu i'n its e�ulrery a»d have.� 3� or �ore wetland classes, with neither dass . dominrtted.lry •nvn-narive• invasiv�e species. , . TO 8398663 P.01 � � B-twelve Associates Inc. , 1103 W. Mcckcr St. � � (v) 253-859-057 S Suite C (� Z53-f352-4732 Kent, WA 930.32-5751 • • (c) b12a.csc�c@comp�scrve_oom � � r DEC-03-1997 18�10 FROf1 B12 ASSOCIA7ES TO 8.398663 P.02 . . . '. � Rfi: Fec�erai•Way Sensitive./4reas Code . . • B-twelve. Associaces; •It�c- . � • • ' . ' • ' , ' b�sb� 3, 1997 ' . . • • � . . ��'�Z � ' .. .��' . - ' ' • . • . . �. , We support theproposal�that Category III wetlands have Lwo buffes widths: 50 • feet for 2500 =10.,OOb�squ�re foot wetiaitds and 50 feet for wetlands larger tt�an 10, . : ppp squai�e fee{, •'I'h;s� br�alc will tnsur� that the smallest, lawest value wetla�ds . wi� have'buffer areas. appropriate to their enviranmeatal value. . :. , 5. In •addi�ion, wc Suggest that you consider providing a two-tLer buf�er width '. � � ' •'opportunity for:the Categary I and II wet]ands as v�re11. Hov�rcver, these still retuains '.•�. tfi� pottntial: tliat a•2604 square toot we�land could be surtti�tutded by. a I00 fobt .� bu�'rx (�r. a200 footbnffes' in the case of Category I wetlaads�. We suggest that •. the logic which fo the smallest of the Catcgory III wctlands is a�so aPP��Y•aPPlied�to ttie smallest of ttte Caacteegary I aad Cabego •ry II wetlands and �� •. t�at the bitffer widttrs•should be appropriate to the size of the wcdands. Thus, we . ' ' suggest:that bu#fer r�vidths would be: � . ' . � . • ' : (�t�gorji •�' : •. lfl a�res -and la�ger ' • F3uffer = 2fJ0 #t . • . . • ' . , ' '. . : - .'2500 sq. ft. ta 10 acres . Buff�r = 100 ft • . '. ' Category iI. • 'f-acre and larger Buf�er = 100 �ft . . � , • ' • . � . , 2500 sq. ft.- 1 acre. . Buffer = Sflft • � . . . � Cattgor�,.tII :10,000 sq. ft and larger Buffer = 50 ft ' � . . • . � : ' . : '250a-.10,000 sq. ft • . Buffrr = ?S' ft • . • . : . . . . . . ..� • I wa�►t'to.thank you far your �re.sponse to the issucs we have r,aiseci over the last several , . . ,• months: It is��+ew�r+dicng �o see that our time and professional opinion have been well . . . reg�ded.• ;�knnd thaak you aga�n for taldng the time fo review these concerns and ' • suggestitkis;: • , . - . _ . • � . . . • Sino�relys . . . . . . . . .. ' � -- - • B-tw+elv�e �r!'.ssoci�ie�:lnc.'.• ' . . . � . . � . ��;n,,G�r . .� . ' . ��~ . '� � �. , _ . ' . Susan I..' urgem�ister� • '• • � • � ; President - : . • ` � �nc.. • • . .. . . . • , mG �e�FVwir3� ' • . • . • • . ' , . , � ,„ �i �' �� ,:: , �:e a :''t' 4:u �°: w : ie. ,:� 0 �: 0 TOTAL P.02 � � ��December 3 1997 � Planning Commission City of Federal Way 33530 lst Way South Federal Way, WA 98003 SUBJECT: PROPOSED SENSITIVE AREAS ORDINANCE AMENDMENTS Dear Planning Commission Members: �yi6 Wtst Ma.int Vitw Drivc. Suite C Everctt, Wazhington g82oi r�t: 4:5.259•40�9 Fax: qsS.�sg.32jo Once again I wish to thank you for this opportunity to review the revised proposed amendments to the City Sensitive Areas Ordinance. We note from the agenda for the December 3, 1997 meeting that the public hearing has been continued. We are most interested in being able to comment on the revised text proposal provided by the City's consultant as part of the continued public hearing. We realize this may necessitate the commission reopening the hearing. Since all present at the November public � hearing had constructive notice of the continuance to December 3, 1997, no additional noticing should be required to reopen the public testimony portion of the hearing. We regret having to request reopening of the hearing; however, at the November hearing the public comment was closed before the responses were provided by the City's consultants. In our experience this is quite unusual; � normally these responses would be part of the pubtic testimony and the public would be provided a chance to respond, just as the consultants had a chance to respond to others testimony. In addition, new text proposal have been drafted by the City's consultants in response to excellent direction provided by the commission. We have additional comment on these new text proposal. We have the following comments and recommendations regarding the proposed revised text proposed by the City's consuttants: EXCLiJSIONS FOR MAN-MADE FEA'I'URES: The exclusion clause proposed by the consultants is based upon a staff interpretation issued in 1996. The exclusion clause should be based upon the provision of state law which specifically cover exempNons under RCW 36.70A.030(1'n: "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 wetland 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 wetland intentionally created from nonwetland areas created to mitigate the conversion of wetlands." ALTERATION OF STANDARD WETLAND BUFFER WIDTHS: The consultants have no�' identified a category of buffer enhancement where existing buffecs are of poor quality or a disturbed area within the required buffer that could benefit from enhancement. Most sensitive areas ordinances have such provisions. This encourages applicants to provide more functional buffers where poor quality buffer conditions exist. This � obviously improves protection, functions and values of the wetland and should be encouraged. Provisions for such buffer reduction where enhancement is proposed should be added. DAVID EVANS AND ASSOCIATES, � i Outstanding Professionats :.; 0utstanding Qublity � NO ENCOURAGEMENT OF WETLAND BUFFER ENHANCEMENT: We were again surprised to hear that the City's consultants do not support enhancement of poor quality buffers around wetlands, but instead suggest wider buffers elsewhere around the wetland where the quality of vegetation is naturatr high. The City consultant's suppo: t for minimizing buffer widths were buffer quality is low simply does not make common sense, given the whole concept of buffering wetlands for their protection. EXEMPTIONS FOR SMALL RESOURCE AREAS: Most critical azeas regulations exempt isolated wetland too small to have signif-icant functions and values. The most common exemptions are for Category 3 wetlands under 2500 square feet and Category 4 wetlands under 10,000 square feet. I strongly encourage the City to incorporate both levels of small wetland exemptions utilizing a four category wetland system. VESTING: We note that the City's consultants again have not made any recommendations regarding the vesting issue raised both in public testimony and by the Planning Commission. This needs to be addressed in the ordinance to be legally sustainable. As we noted previously, whenever a new set of critical areas regulations are adopted or amendments made, significant implementation questions arise as to how to handle - projects filed whose applications are considered complete prior to the effective date of the new regulations. The � _� general practice is to have the new regutations apply to all new applications that are considered complete AFTER the effective date of the new regulations. Applications deemed to be complete prior to the effective date generally are subject to the old regulations, unless a specific written request for consideration under the new regulations is made by the applicant. I strongly encourage the City to incorporate a vesting section to the amendments, making only projects for whic6 applications are determined to be complete after the effective date of the new regulations subject to the new regulations. All appiications deemed complete prior to the effective date _ of the new regulations I recommend be considered under the previous regulations, unless a specific written request to the contrary is filed by the applican� Cities and Counties that have incorporated these criteria and principles I have proposed have been supported by the GMA Hearings Boazd as appropriate and viable approaches. I strongly urge the Planning Commission to recommend this additionai modification to proposed amendments to the Federal Way Sensitive Areas Regulations. � Sincerely, DAVID EVANS AND ASSOCIATES, INC. �/ ; % � - .�� Jim�Mil(er � Land Planning Consuitant ` JGM � � c. Pacific [nternational Engineering NED GULBR,AN • ASLA LANDSCAPE ARCHTI�CI' 2833 Mt. St. Helens Pl. S. • Seattle, Washington 98144 •(206) 725-0390 � December 3, 1997 To: Planning Commission, City of Federal Way From: - Ned Gulbran ��,� Subject: Suggested Additional Paragraphs; � Article XIV. Environmentally Sensitive Areas Division 5. Streams 1. Section 22-1311. Rehabilitation As presented, the proposed Code revisions do not prov.ide for the rehabilitation of a Minor Stream I suggest labeling the paragraph for rehabilitation of a Major Stream "(a)" and adding a second paragraph for Minor Stream, thus: "(b) A Minor Stream may be maintained or rehabilitated by the correction of degradation and the removal of detrimental debris, sediment and inappropriate vegetation. Intrusions into regulated � steep slopes and associated setbacks will be allowed for purposes of stream rehabilitation projects." Do I assume correctly that because you specifically addressed the Major Stream, the Minor Stream rehabilitation would be less regulated, or would receive a lower order approval? � 2. Section 22-1312. Intrusions into setbacks. Under "(c) Other Intrusions", former Item 6. has been removed; "6. It is necessary for reasonable development of the subject property." I think that this provision in the Code for Streams should be retained for consistency, and for the same reasons that this same provision has been included in the proposed Code for Regulated Wetlands [please see Section 22-1358. (d) (6).] Environmental quality is protected by the other provisions (1- 5) in this sub-section. It seems reasonable to allow an intrusion that would facilitate use of the property. C.andscape Design • Landscape Rescoracion • Land Planning Date: December 3, 1997 To: City of Federal Way Planning Commission � From: Pe Altman 9 253-927-2242 Re: Sensitive Areas Ordinance. I am speaking to you today as a private citizen who has grave concems regarding possible changes to the Ordinance. 1 am particularly concemed that you� Commission not make afterations that would r�elax the regulations and enforcement of the current Ordinance. I am most concemed that you not allow variable bufFers. � I am by no means an expert, or even a novice on the issue of surface water management. My Husband and I are Volunteer Rainwater Monitors for the City of Federal Way's Surface Water Management Division, and we sure know how much it can rain here. In addition, we live in Gose pro�amity to large wetlands. We have seen some extremely high water due to runoff from upstream development and deforestation. During the 'Thanksgiving Day Storm", and the "wnter Storm of 1996-97" our entire neighborhood would have been under water without the protection of the wetlands and buffers. I understand the ooncems of property owners who may want to develop property that includes a weUand. I also understand the concems and rights of property owners downstream. "We all live in the same neighborhood.° We must always think of the consequences our actions have on others. - • Wetlands and buffers help protect us from the devastating effects of flooding. � Flooding can have enormous consequences. There is Govemment money spent for cleanup and rebuilding, and insurance money spent for losses to property owners and rebuilding, and of course there are the personal costs in terms of grief and heartache, and let us not forget, the occasional loss of lives. I have lived in Federal Way for 12 years and I certainly have seen my share of flooding. I have also seen a lot of clean up. What did that cosY? Who paid for it? • We need these buffers to help filter water and to keep our aquifers filled. • We need these buffers to protect and provide habitat for a host of wild critters (animals, amphibians, bugs, birds, etc), and enoourage native plant life. • Healthy weUands and buffers can help protect the critters and us from fire. • We need these buffers and wetlands so our children can leam. • We need these buffers so we can all enjoy and protect the unique ecological systems in our beautiful Pacific Northwest. I am proud of our City for having such a strong Ordinance protecting our sensitive areas. Federal Way does not often gef the opportunity to be a positive example and a leader. We are now, let's keep it. I want to proudly tell my Grandchildren that our oommun'ity had the foresight to protect them, and to provide them and future generations a healthy and thriving environment, one that really makes our City more beautiful. People move to Federat Way for a lot of reasons, one of them is (and iYs a big one!), the trees, water, open spaces and wildlife. Let's keep it that way. ��G�� i� Cathy McClung: Planning Dep� City of Federal Way 33530 F'ust VfTay S Federal Way, WA 98003 Subject: Sensiiive Area Regulation Amendments Dear�Ms McClua� - - 5150 SW 326th Pl Federal Way, WA 9R023 December 3, 1997 I azn writing to express great concern over the proposed changes to the Federal Way Environmcntally Sensitive Area Code. The cumnt code is well written and should remain unchangcd. Proposed changes to the code w71 weaken our wateished protections and jeopardize our water quality. Federal Ways code standards must remain high because we have unique conditions in our area. Our City is dependent on several aquifers for watcr supply. Many parts of our city have steep slopes � seismic hazard designations. Weakening regulations in these areas will only increase the potential problems that my tax dollars w�l have to pay to �. The Lower Puget Sound and Hylebos Creek Wat�rsheds are complex systems. The wetlands in the area are interconnected, value cannot be placed on size alone. When part of the system is changed the water is redirected creating a problem in another area. A highty developed downtown core has drastically changed the Hylebos strcam system and we are cuirently spending millions on drainage projecxs to curb flooding and stream erosion downstream. Even with these improvements, the Hylebos Wetland is being stressed ( I`ve never seen the wetland flood this eazty in the season) Areas of the wetland thai once dried out in the summer are now wet year round Again I stress the Sensitive Area Code should remain unchanged The City should not compromise standards in this azea, the risks are too great. � Respectfully, G��G=� Adele Freeland cc: FWay Planning Commission �y City Council m ;,� 32456 46th P1ace South Auburn, Washington 98001-3606 December 1, 1997 Ms. Cathy McClung Deputy Director, Community Development Services 335301st Way South Federal Way, Washington 98003-6221 Dear Ms. McClung: I would like to comment on possible changes to the city of Federal Way Sensidve Area Ordinance - {SAO) pertaining to wetland buffers. It is my understanding that the proposal is to change the current 100-foot buffer requirement to a tiered system. I have worked as an environmental planner for the past fourteen years and have been involved with designs of wetland mitigation projects. My experience has been that smaller buffers (less than 100- feet), while politically acceptable do not provide adequate protection for wetland areas. I have enclosed a series of tables from several sources which highlight the effectiveness of various size buffers. Buffers less than 100-feet typically do not provide sufficient screening for wildlife or adequate � pollutant filtering. Given the importance of Federal Way's wetlands for aquifer recharge I see that smaller buffers could impact aquifer rechazge. As a future resident of Federal Way (I'm in a future annexation azea) and a person who remembers that Fed�al Way was formed to prevent exactly what is being proposed (a weakening of environmental standards and a subsequent deterioradon of our quality of life), I urge you not to recommend changing the current SAO with regards to wetland buffers. Please include me on the mailing list for future meeting and mailings on this topic. �� Sincerely, G'�-�' I�.�-�.e.� Michael R Scuderi C c �. (�;�,Q.. A�.�t�b�.. . ��c k-eM �.�.�_ W-1-� 4� S e►., <� C3� t RE��=l�1�_� �Y �OMMUN! i Y GEVEI_,';=�"=i i �•c'An i�JEN? i l � �, ' .. ��:' . • . . • . .'. . . , . . � . : �... • - � � . :� ' � - -. '. - • . . ' � � � � � � �. �. • ' . �-* , ". � �' � . . - .. � " . � � � . �• . . � .. � `.`� .�-. . � . . _. � :_; '"' ��,'�Table b: �Recommended buffer :widths for>�vildtife� habita't. The ieported widths: aze generally intended as. ininimum v,al �:.� .-. �' � to rovide the desire c � habitat;requiremerit t0 tneet.the�given objechve;�[1� meter =�3.28 feetJ �: • y ..:��;; u �; P . . . .. � . � .� . - ::. " � . � � • : • � �� . _ � : �.~� : . . _ , .. _ :. :: :.. : Wi�th (mj i. ' Objective � . • � .. SpeciScs. . •. �`� � . . • 'Auttior(s) .: ' • . � �; � . •Tp9uet:'et al 1990_ .• � 15. =.23 . General.avian habitat . " - . <. � � � Riparian wooded, area , • . ` . � �� , . •�•Shisler.etal.; ;��15}30 ' Protect•wetland habitae:from low •. • Aensely growing mix�d species buffer' �.' ;`� ; � • ., • - • _ • intensity'dis'furbances • ` � :-_:,� � _ � `; • •: , '•'-�.:• ;.:.��.. ::` , •,. `. �'': • • ` ' Wildlif.e.travel cortidor � � - • ' " � '�`" . . . . . Tassone.198 T � : - _� :_ - •:.: 30 ' �: '. -: �.: • � -. . . . ' � • -. -; . . • � • • ••' � • . •?.'� � � ' � = Shisler eeaI.,1987 : �0 ^45, � ' : •: Protect wetland habitat from higfi- • : • Densely growing mixed:species buffer _ .�r ' ; . . • • ; : . •: . ; • . � - • ' intensiry d'uturhazices • � . - ' • � I . � ' �"• Howard 'and Allen, � ' 60 _: .' . General wildlife habitat ' • ' • • � • `,�."� . ; Tassone;,19.81. :: : = ,: ..: •.. 6U' ;_. •:;• ': Breeding sites for fragment-$ensitive bird . - -' . ' ' � : �•� .. . . : : . . , . . ... . S � i � . .. . . l � i . , � . . Groffman et al,; -199�1b' 60: 100 � �Gtneral wildGfe� habitat� ' : � - � � � �: ... _ . �. area . - �r - . . .Wooded ri arian . . . . . . . • ammal.habitat ' P . .. . . . • Small m . . . 61 . _ . . . . 5' . . 18 io 9 'C ss i . .. . . . . . . . •%� . . . . . i; . :; -.. ' : • Gro€f�an et al:,'1991b_.:: '. _.��;915 ° ' '' Protect s�gnificant wildlife hab�tat • Natural vegetauon . �, �� , � • :: Brown et �a1:,1990 : ;'.� �, 178 - �- � Wedand habitat protection . � � ' � .• � �. Scheuler,.1987 • 200 �. � . • �Diverse songbird community. . •° • . :�� -_ Q00 .. � • . For all but large mammals • � • Riparian forest - � ;I� � . . . � U.S. ACE,799.1 _ : .. . , . . •' . . ' ;'r �:: i: . . • _ , . . . .. . . :. . . �:i � _ � . . . . � � . . - . • . _. . . . . • ' . - . � � � � . � tii }1! � . , " • .. • ' � . ', ' ' � . . ' . � • `L� � �j � . . . � ; _ ' . . . . � . . I III • � . . ,� ' • . .� . • ' . : .._ . _ ' � • � ' . • . .. .. � � ' � , . . � � `' � { I �. . � . .. . .. . . : • �. . . . . . � . .. • i '� . . . . - • ' . . .. . _� _ . • ' ' . . - ' � . . . .. � . .. ' . . � � < Figure 9: . < . . � � . � �.. : • �. . - , : . � �� . . � � . `� � II . _ � � -.� . . ��-: .. � .. � : � - . � `: ; :' ' I . . � Figure 9: Ranges of•b�uffer.widtiis �. • . pv�an ' 200— ° :; � � � . noted.in the literature to provide . �� -� . ` �j �'�.� ` effective tiabitat for_seve�al broad - �iduteTrave�corridor 4 ' . i �! • . • caEegories of wildlife. The ranges � . - �- - �.: �Breedin 'Bird ' �� ' � . . . 9 � � � `� • _ : �. of categories represented by a circle � �: � . � - p�� Except � ; . . " �� a�ise from one study and thetefore . � �;,a�ge Mammals � 2 �� 1 i . � :. .. . , • inay noi be very of : , � ,��enerai wi�ditte . , . . . � `� � � . that particular�category. Two ' : . . . � � , `. , � Rare Specfes . . � � • , � � ' .. : � . _. reported values make up the range � . �� _. •:'shovi!n by.each ofthe horizontal p 2o ao eo eo ��.. . :' 'i : . � bars: Data are taken from Table 6 � • Range of BuHer Widths (m) " j � �I : • [ 1 meter = 3,28 feet] _ - _ � ; � 1� � ' - . . . . . � . � . �. II'I : .. . . I: ' ' . • . . - �' �; ' . - . . - : • . - . ' 1 ,; • . • ' . . . . I � ;� . .. . " � .� . � ' . . - •. . I �f• • . .. ...'• • . •� � . ' . ... - -. . i 30 � ' ' " � I � CURT SMITdi �� 0 I • Y I � Appendix C . ,, . Y z . � ST^TE OF WISFBNGTptV DEPARTMEM" OF WILDLIFE 600 Capitd Wiy N�orih . p/ V✓�slr�gton SaHSD1-70y1 • (1'Oi6) 753 570�D FINAL DRAFT: ' FEBRUARY 12, 1992 BUFFER NEEDS OF WETLAND �1II,DLIFE � � � I � m .�� 137 � HABITAT MANAGEMENT DIVISION � Appendix C tiVETLANDS - PROVIDE FOOD, WA7'ER, SHEL7'ER FOR FISH AND VViLDLIFE � Wetlands and their buffers are essential for wildlife. The complex interface of land and water is used to meet life needs by 859b of terrestrial wildlife species in the State (Brown, 1985; Thomas, 1979). One value provided by wetlands is production and maintenance of the pubiic's fish and wildlife resources. If there is to be no-net-loss of wetland area and function, it is essential that wetland protection measures and buffers be planned to protect fish and wildlife. � ��'ETLAND SYSTEMS = WETLANDS + ADJACENT UpLANDS Wetlands and the uplands adjacent to them form a physical, hydrologic, chem.ical and biologic system. Native fish and wildlife populations have evolved with this system and take advantage of interactions. Large numbers of wetland dependent wildlife need not only the wetland but also the adjacent upland to meet essential life needs: food, water, shelter from climatic extremes and predators, structure and cover for reproduction and rearing of young. For example, waterfowi feed primarily in wetlands but most species nest on dry ground where nests will not be flooded. In the Columbia Basin, heavy grazing next to wetlands removed buffer vegetation and reduced waterfowl production by 5090 (Foster et al. 1984). A wetland may be preserved but if the waterfowl nesting habitat in the adjacent upland is lost, a component of the wetland's function is � lost. DTSTURBANCE AND LOSS OF WILDLIFE FUNC7'ION A person approaching heron or a flock of waterfowl can agitate and flush them even at distances greater than 200 feet. In 1976-7, Department of Wildlife found migratory bird use increased 30-50 fold on three Columbia Basin wetiands wheFe parking lots and access were� relocated to areas 0.25 to 0.5 mile from the wetlands (Foster et al. 1984). Conversion of farm lands to office park along North Creek in King and Snohomish counties, significantly reduced the functiori of the areas wetlands for migratory waterfowl although the wetlands remain. Many of the wet pasture areas that provide waterfowl feeding are frequently not� scored high in wetland rating systems because of �low diversity of plant life. �f there is to be no-net-loss of wetland wildlife function, even these will need sufficient buffers. HABITAT FOR MOST SPECIES = PLANT STRUCT[JRE OVER DtSTANCE Animals evolved with different plant communities and hydrology in and around wetlands: They depend upon plant communities and their associated physical swctures both inside and outside th� �vetland. To retain full complements of wetland dependent wildlife, the plant structure in adjacent uplands needs to be retained for sizable distances from the wetland edge. 139 � � Appendix C �:� from`0.1 to 1.0 acre. tn this study 68� of nests were within 100 feet of water and all but six of the rest were within 300' of the water. Many amphibians achieve their highest densities in small wetlands (McAllister and Leonard, pers. observation). Long-toed salamander is one example. It cannot survive in the presence of healthy fish populations. It breeds in small temporary ponds. In smaii headwater streams of the Pacific Northwest, amphibians are the dominant vertebrates. Their numbers and biomass in these small streams are often greater than that of coldwater fishes in their optimal habitat (Bury et al. 1991). ' Small wetiands are frequently very sensitive to impacts. For example, when stream gradient is greater than 49b, most beaver pond wetlands are less than 2 acres in size. They are very sensitive to silting and increased stream flows from logging in a watershed. They suffer greater losses from "blowouts" in high flow events. They may lose their soils and all vegetation in sucJ� an event. DRY CLIMATES CONCENTRATE W�LDLIFE USE Influence of the water table on the landscape and vegetation is often reduced on the eastside of the state with more abrupt wetland-upland edges. Wildlife use tends to be concentrated closer to �water in drier climates. Hall (1970) showed more narrow beaver use on streams in eastern Caiifornia than had been reported in the literature (100' vs. 328'). Mudd (1975) showed � ;�� minimum riparian area for maximum pheasant and deer use to be 75 feet in one eastern Washington study. SUMMARY � T3, retain wetland dependent wildlife in important wil3life areas, buffers need to retain plant structure for a minimum of 200-300 feet beyond the wetland. This is especially the case where open water is a componer�t of the wetland or where the wetland has heavy use by migratory bir►ds or provides feeding for heron. The size needed would depend upon disturbance from adjacent land use and resources involved. In western Washington wetlands with important wildlife functions should have 300' upland buffers for high impact (urban) land uses and 200' upland buffers for�low impact (rural) land uses. In eastern Washington wetlands with important wildlife functions should have 200' upland � buffers for high impact land use and 100' buffers for low impact land uses. Priority species or especially sensitive animals or wetland systems such as bogs/fens or heritage sites may need even larger buffers wetlands to prevent disturbance or isolation of subpopulations or other loss of wetland function or value. See Attachments 1, 2, and 3 for buffer ranges. 141 .. �a,,: �y: ,,x� ., -.: .. _ �� ,; :,.�� :: � .�Y;;:•''. ;l;; . j';M;. , - � ;";.;;�: �jl::;;,.... ,;•,•;�,• ,e:� ,:,,..:r;r. ��.+��:s':, ��.• • • .."t: .� , � • i+ •`' • �� • ,V .% � , �• �.��3 �'t . � , , 100 200 300 400 S00 600 700 : 8U(? . Fcct : �� Werland --� � I �. � � � � — . J �-•— -- — . % / � = � � � �, __.._._... � � � � � � [iesver use under dry conditions (9096 of fading within 100 fat•of water's edgc) '�etland Wildlife Use of Shrub Habitat Adjacent to Wetlands: �eiected Species � Deavcr use zone (majority of fecding within 328 fcct, lrces anJ shrubs claaest to the wetland used first) z � Ru}-�ingcd. bl�ckbird foraging 29 � . ,� - � a b b � p � n �n �z x �� a � CaJwall use I(�fIO� feet for nesting. S��me sludics put av at ISO fcet. Author: FWIM-L Discussion List <FWIM-L@listserv.vt.edu> at Internet :� Date: 10/8/97 11:10 AM Priority: Normal BCC: Michael R Scuderi at NPS-EN TO: FWIM-L@LISTSERV.VT.EDU at Internet � Subject: Appropriate Buffer Zor_es - Summary Information -----------------=------------- Message Contents ------------------------------ To all those who replied to my request for information concerning appropriate buffer zones adjacent to development initiatives, thanks very much! ! The following includes a pseudo-table (it looked much better in MS Excel! !) summarizing natural features/buffer zones and excerpts of responses including those received through another list server: � � � �/ �� , . Drinking Water Reservoirs 1000 ft (305 metres) US EPA Fish and Wildlife Habitat 75 to 300 ft (23 to 91 m); Federal Forest�Plan Aquatic recommend 200 to 300 ft ' on 'important' habitat Clearcutting (small-scale) 200 m King et al, 1995 (less than 200 m can elevate nest predation rates of ovenbird) Bottomland Hardwood Forest Harvesting / Water Quality 20 metres AJ Londo (1997) Clearcutting / Insect Spraying 66 ft (or 1 chain) (used in 1960s) J.W. Watkins (pers comm 1997) Sig Portions of Habitat of Endangered / Threatened Spp 50 metres MNR, 1997 Significant Wedands 120 metres MNR,, 1997 Fish Habitat 30 metres MNR, 1997 Significant Woodlands 50 metres MNR, 1997 Signi�cant Valleylands 50 metres MNR, 1997 � Signi�cant Wildlife Habitat 50 metres M1VR, 1997 ANSIs 50 metres MNR, 1997 � � � � Friends of the Hylebos Wetlands 34915 4th Ave. So. Federal Way, WA 98003 � (206} 838-0951 (206) 946-2328 Supporting Group for West Hylebos State Park November. �20, 1997 The Staff for Planning Wetland Buffers City of Federal Way - City Hall 33530 lst Way South Federal Way, WA 98003 �� The Hylebos Wetland was given a 100 foot buffer some years ago. The community had battled through a hearing, through newspapers, and appearances. .,�.� A large wetland Northwest of Seattle was given a 200 foot buffer but this was largely a political arrangement. had called many places in the East for advice and was told by officialdom ere we should, at this early point, designate.at least 200 feet of buffer for wetlands. They had decided on 300 feet in some piaces because of their experience. As a result of the low degree of protection for its wetlands Federal Way is overbuilt. This, however, is an excellent time to correct this to 200 feet and in fact for all wetlands. Ted Enticknap has told me that because of the bad judgement by the previous decision of 100 feet there are now 5 houses instead of buffer. These are the reasons for raising the buffer from 100 to 200 feet: a.) There is definitely an excellent population of species and documented habitat. Actually, the Hylebos Wetland was officially rated as "unique and outstanding." Although occasionally smaller Federal Way's en�'oy the aos same favorable situation and by all means should at this time have a 200 foot�buffer designated. b.) I �� Virtually all the characteristics of a 200 foot buffer are true of the Hylebos Wetland, eg. prescence of plant associations of infrequent occurence, exceptional local significance of ecological functions, peat bogs, mature forested wetlands, etc. (continued on reverse) (continu�d from front) c.) Wetland classes including one of open water. d.) And, as mentioned in the November 10, 1997 Memorandum, the Hylebos Wetland is certainly greater than 2,500 square feet in area. e.) However, the real value�of a wetland cannot be based alone on 2500 square feet -- even an occasional smaller one should be judged on its biological characteristics. It would be a total risk to make this a flexible decision. Politics might be a deciding factor as in the decision of many years ago, wheneaanother wetland than the Hylebos got a rating of 200 feet. It is often the decision by a"consultant" to please the landowner wha hired him (her). Respectful ly, �� y�� Ilene Marckx Vice President 6 � . :` ' ' ' . � ...'.t_. . . ., � � � ��, , ; � � m `_. .� � November 19, 1997 � Planning Commission. City Ha0 Federal Way. WA � C B-twelve Associates, Inc. I 103 W. Meeker St. .. (v) 253-859-0515 Suite C � (� 253-552-4732 Kent, WA98042-5751 (e) bl2assoc@compuserve.com a Dear Commissioners, - . � • • . � Thank you for this second opportu�ity to present some comments and suggestions.regarding the .• reVisions to the Federal VNay Sensitive Areas Code proposed in the Nov. 10. 1997 Memorandum • from Don Largen. . -� � � . � � .' � � . 1. . ' Category 3 - _ _ -_ . . : . Category 3 wetlands whidi are �ress than 1 ac.�e and larger tf�an 2500 square feet with two wetland classes; neither dass dominated by non-native invasive species, shail be - regulated as Category 2 wetlands.. -- .. We support this modification to the original�prefened altemative. . 2. We understand that�the proposed buffer widths wiii be .�. � Category 3 inretlands = 50 feet �. - - _ Category 2 wetlands = 100 feet `. � � - � �. Category 1 wetlands = 200 feet " � At a previous meeting, Mr. Larc�en presented a possible sliding scale of buffer widths for the � Category 3 wetlands, based on size of the I beli�ve that everyone feit this would be� a very cumbersome scale to administer. However. we do agree that some breakdown in buffer � width is appropriate, given the possibility that a very smali wetland-could be elevated to a Category 2 wetiand with a 100 foot buffer•by virtue of the two native classes. As an altemative� � we propose: - . - : Category 3 wetlands with two wetland classes, (neither c/ass dominated by non�native �.� inyasive species), and less than 10,000 square feet shail. be �rotected with a 25 foot � wetland buffer. . � � We have prepa�ed the following attachment�to show the dramatic change in protected ai�ea � � created whe� the wetland buffer around a smail wetland is expanded from 25 feet to 50 feet, to 100 feet. We' have chosen a wetiand area of 2600 square feet, since this ls slightly larger than the� minimum (2500 sq. ft.) regulated siie. . A 25 foot buffer surrounding a�2600 sq, ft, wetland - will protect appro:cimately 10,198 sq: ft. (0.17 acre) If the wetland is a 2-class,(both native) . wetland of 2600 square feet, then the wetland wili bQ elevated to a Category 2 and the�bufferwill become 100 feet. As a result, an area Af approximately 40,397 sq. ft. (0.88) acre will be � protected. Thus, an area approximatety 14.5 times langer than the wetland will be�protected. � We do not betieve that there is environmental justification for preservation of buffer areas af this magnitude adjacent to wetland of less than once acre in size. � � • ,. . - � - ' RE: Federal Way Sensitive �►reas Code� B-twelve Associates, Inc. , � November 19, 1997 � Page 2 ' . , � • . � . . . . . . " ; f ::; ,: ' . . .'. • '-�: .. •�,�,. �. • • • -' ', . ,'�.�:; . '•�•� y � . , ' .. iifN � • � -::::; . ��;_ '�e:� �,,,, . • . � �� . In' our 14 years of wetland experience through-out the Puget Sound Basin. we have not � � � �' ' � encountered extremely smaQ wetlands which warrant this level of prot�ction. However; the ,: � .� x �� :�. � ,• proposed revised code.will give you the .flexibility to i�crease:the.bufferto this.width lf_an:`�. � �� r �' � _ • ,�', .. extremely high value verysmall wetland is encountered. For.this reason, we suggest.that a�50' �.;� .- :. ,��:°,;; :�� .. ':�^��' foot buffer is adequate for the� moderate value Category 3 wetland and that smaller wetlands ;�� ' pess than 10,000 sq.ft.) a�e adequately proteded �by 25 foot• buffers. � �� , . •". �� . � � . . � � . . � - � � . .� • • _ , . , .•:'` p � ,, 3. As we stated in our initial subrnittal to you. it is �our experience that a 5Q foot buffer.provides;. . s . :��,.� �, ��; ., �~�,. _:. t �( F � , � adequate protedion.for Category 2 wetlands. The administrafive ability to �equire ari��: �.�� =�� ,. increased.buffer width when staff determines that� the particular wetland is •of sigrilficantiy_,.. :. .. '�� I .-.�� ; . higher value. will enable protection of unusually valuable wetlands. We therefore:.believe .� °��'� �'' �: �'� � : . . .tfiat the 50 foot�tiuffer should be the standard.width for Category 2 wetiands. � � . � � : � . � � � . � • . . . • ,. •='m� � 4. .=Again, we encourage y.ou to review fhe requirerpents for processing sensitive a�ea� review ��• �;`�� .,.`• '�.� ��'� �'�� : - for. existing� single family platted lots: � Adrt�inistrative.review� � � � � � � ' � �� ` � � ''' without.an�automatic�pubiic ;�=.:•�.:.:°.;° ._:._ ,., ::.'..,,� hearing� enables staff and the lot owner to-deterrimine how to�gef�a home��oix the�lot while �-_'':. �' : °�: �';�:� � . -' providi�g maximum protection of the.sensitive�area on the lot�.An� automatic public hearing.�: �: ��; . � simply ailows adjacent land owners to attempt�to fhe 'open space' they have enjoyed :•..:� ��.,�....�� :,.' :�,.t;3 . ��' next fo•their own home. while causing extreme expense.�rxl_delay to the lot owner. We do�� " ��'�� • �•�� .... � �,, . �gree that the public �process.should be available to staff and the owner if the .two �parties � . : .� •,` `• ' � �� ." .: �cannot.arrive at an agreement for the site. � ' • . � � � • • � � r °' � . . . � . � �-k� . . . . � :. �:, ; 5. In summary:we propose: � �. .. �. . . � . • :>;�� - A. Wetland less than 2500 sq, ft. not regufated � . . ' . � � � ' � . : B. Category 3 wetlands: , - . � . ._ - 1.� greater than 2500 sq. ft. and less than 10,000 �acre = 25 ft: buffer:. . ��_ ..: ,�� . - 2. greate� than 2500 sq, ft. and.less than 1 ac.�e with 2 vegetat�or� classes = 50 _� � ��- _ ft. buffer . . �. .. . . � .. � C. Category 2 wetlands = 50 ft. buffer . � � . � � � . , D. Adm�inistrative review for reasonable use rev_iew of existing platted single family lots. ' '- ' - y.: _ . . . . . • . . . ;a'. . . - ' • . . � bt ThanK you for taking the time to review our concems and suggestions. � . _�� : ._ ��' . . ' . " - . ♦ ' _ . , h � SincerelY, - . � - � . . ,: . . . . • �.. . . , . . _ . . �; . . --. , :� •••6-twelve Ass.oaates, Inc. � - •. . . � • . � •• , , . . - ` . .. - � . . . . , . .-� . � . � � � . � • . _ . •; . : �:; Susan.L. Burgemeisfer . � � . . , . ' - president. - . . . - . . .._ . . 'Eric. - ' . : . . . � . : . �. . rie:redwayz . . l � � u / • . � 1 ' � • �` • � EXf�TT: Bu8'ers adjacent to Category 3 Wetlands which have: � ' � �• � - - � —�-. I00' �, � I � �, � �� q � � � � �. Y ° i �� r f<s J=:� L 25' = 1Q0.99 = 1019898 2600 Area in Buffer: 7598.98 = 0.17 acre Ratio Buffer w Wetland: = 2.92 :1 Z SO' = 15099 = 22797.98 . . -2600. . Area ia Buffer: 20197.98 = 0.46 acne Ratio Buffer to Wetland = 7.77 : 1 3. 100' = 200.99 = 40396J' 8� � 2600. Area in B�ffer. 37796.98 = 0.87 aefe Ratio Baffcr to W�tland = I4.5�.:. � � ,...a- — - 0 4 � � � ' November 19, 1997 Planning Commission City of Federal Way 33530 l Way South Federal Way, WA 98003 RE: Proposed Sensitive Areas Regulations Amendments �. _� Deaz Commissioners: File: 990.22.B.10.200 Thank you for the opportunity to comment on the proposed amendments to the Sensitive Areas regulations, including the November 10, 1997 recommendations from McConnellBurke, Incorporated. As a certified Professional Wetland Scientist with an active practice over more than ten yeazs, I have had the opporlunity to formulate, review and work with wedands and sensitive areas regulations adopted by most of the jurisdictions in the Puget Sound region, includ.ing those currenfly used by King County and the State of Washington. As you aze undoubtedly aware, the variables affecting the sensitivity and classification of various wetlands and the application of specific protective buffers based on those classifications has been the subject of a considerable effort in the Puget Sound area. Overall, regulators understand that a balance must be struck between: � • development of a regulatory basis sufficiently detailed to respond to the range of variability and functions of wedands and • creation of regulations which do not become unwieldy in their implementation. In recognition of the complexity in that range of variability and functions of wetlands, most jurisdictions, including Federal Way (FWCC 22-1356(b)) require that when wetlands are located on or near a site which is the subject of a development application, those wetlands must be " assessed and delineated by a qualified wetland biologist, rather than a lay person. The City of Federal Way also has licensed professional requirements in Section H of its Development Application Submittal Requirements. Therefore, Federal Way expects that professionals will interpret and respond to instances where complex regulations result in an effective regulatory �- � modality; in other words such regulations do not need to be written so that they can be 310 WATERFRONT PARK [31.DG. TELEPHONE (206) 744-7700 !44 RAILROAD.ANENUE � FASCIMII.E (2061 744-1400 E D M O N D S. W/� 9 8 0 2 0 E-MAII, plcngrC?picng�.com i .. � Letter to Federal Way Planning Commission November 19, 1997 Page 2 of 4 � implemented by lay persons. In a similar fashion, I encourage the Planning Commission to make sure that its critical areas regulations are sufficiendy complex to respond to the degree of complexity in wetlands functions and values understood by professionals. ' In my professional opinion, the preferred altemative in the current amendments oversimplifies the establishment of criteria for classification of wetland categories. The following are examples of such oversimplificadon: • The current Federal Way amendments for class�cation of wetlands do not provide a mechanism for balancing size and number of wedand classes against an estimate of the degree to which a wedand provides recognized valuable functions, but rather attempt to use size and number of wetland classes as the sole assessment tool. Such an approach is inconsistent with current scientific understand.ing of the functions of wetlands. • Since most open water wetlands transition to uplands, the submerged wetland fringe and adjacent frequently-saturated vegetational zone contain both emergent and scrub-shrub classes: three wedand (vegetation) classes - open water, emergent and scrub-shrub. The current City amendments classify de facto, as Category 1, most wetlands larger.than 2,500 square feet which also contain an open water zone. Certainly the City has a strong interest and responsibility in protecting recognized highly valuable wetlands. Without more sensitive screening criteria, the net effect will be overprotection of less valuable wedands simply because they contain an open water componenL • The currendy-proposed amendments provide for a least-vaIuable (Category 3) condition in wetlands in excess of 2,500 squaze feet, where there are either less than two wetland classes or where one of two classes is dominated by invasive vegetation. However, in areas suitable for development in Puget Sound which do contain wedands, these wedands are typically not the least or most valuable from a functional gerspective, when compared with . Category 1 wedands in other jurisdictions or your proposed Category 3 wetlands. Recognizing that there are degrees of sensitivity and value aznongst this larger majority of the remaining wetlands, rather than aggregate them into one remaining category, most jurisdictions further divide this segment into two categories of differing value. Again, the proposed amendments oversimplify a complex biologic condition by offering only one category. I suggest that you take the lead of other jurisdictions whose regulatory experience includes administration of a multi-tiered system of categories and further segregate into two categories those wedands proposed to be considered as Category 2, specifically separating out wedands smaller than one acre. Pcrhaps the most critical elemeni of regulation of development of property containing wetlands is the selection of appropriate buffer widths which respond to the scientifically-understood �-�� y�,; �.. � � �� , , • �. � Letter to Federal Way Planning Commission � November 19, 1997 Page 3 of 4 C n►ode protective functions provided by ranges of those buffer widths. The obviau�s�for establishment of a protection protocols through requirement of buffers is to make those buffer widths significant for the most valuable wedands, or those the regulatory context rates the highest and then provide lesser buffer widths �for wedands of lesser value. In the main, this approach is effective, but weight must be given to the findings of a document commissioned by the Washington State Department of Ecology, in that wedand buffers in excess of 50 feet do not pmvide significantly improved protection for wedands, unless sensitive species are present, and then that buffer is deemed to provide habitat, in ad�li�on � to ��rirr�ary�fun 'on in wedand protection. It is important to cazefully consider the impa�i t,�in ur an settings on the intent of the Growth Management Act. ' . Supported by findings of the Growth Management Hearings Board and recognizing that functions of urban wedands often become affected by their setting irrespective of larger buffer widths, some jurisdictions have established a reduction of buffer widths under urban versus rural settings. Accordingly, it is my professional opinion that the currently proposed amendments require buffers which are both excessive and unresponsive to scientific understanding of the range of value and sensitivity of wedands in urbanizing conditions, especially where portions of a wetland are less valuable than others. In addition to provision to treat portions of wedands differently w� cn ` the basis of their value, I suggest that there be a maximum of: ``� • 1d0 foot buffers for the currendy-proposed Category 1 wetlands identified by subsets "a" and "b" of the Category 1 criteria , or are greater in size than ten acres and meet criterion "c" of this category; �-ws pc • 75� foot buffers for wedands between one and ten acres meeting criterion "c" of the currently proposed Category 1, rating these wedands as Category 2, • 50 foot buffers for a new Category 3 which further segregates wetlands on the basis of the satisfaction of criterion "d" of�the cunendy proposed amendments, and • 25 foot buffers for a new Category 4. ��'r`t Z�n __ I understand that the proposed amendments have provisions for buffer averaging and relaxing of wetland buffer widths, but these provisions aze excessively restrictive. "Permanent alteration" of a sensitive azea should not be a criterion for qualifying for a buffer averaging. Many other scientifically credible instances occur where actual functions and values of the sensitive area or surrounding u�es dictate such averaging. Reduction in buffer size may be technically supportable in contexts where one portion of the wedand has lowered value. � You have the opportunity to incorporate the most current scientific understanding into the body of regulation that will guide the City in development where sensitive areas are affected. A realistic and workable set of Sensitive Areas regulations will accomplish this goal. I strongly '�' �'wC��P� rno t�� b� °^ti�'�w`°a`'� al�,o„Jld� G� aM, ousw�o�b I�c.. �vo� � f.at¢ .f'ror red�►�c�e�l G�s �, ��pbyecY ��et a�kan�ew��+.k co�(d be u.�� . � cr! w�n.2�: b �.�oC o� ,;.r...4 b��r�C l� � o c. �w�.c��.,�e bw:v� 5 �°` �1 �° � � L.etter to Federal Way Planning Commission November 19, 1997 Page 4 of 4 � urge the Planning Commission to remand the proposed amendments for further appropriate modification. Sincerely, PACIFIC INI'ERNATIONAL ENGINEERING PLLC �\ � I� Anthony Roth Senior Biologist � �,, �'i � �� a �� vember 19, 1997 DAVID EVANS AND ASSOCIATES, � �yt6 Wcst Marint �cw Dri�t. Suitt C Planning Commission City of Federal Way Federal Way, Washington Evtrttt. Washington g8�oi Tci: qzS.iS9•a�99 SUBJECT: PROPOSED SENSITIVE AREAS ORDINANCE AMENDMENTS Faz: s:f.:sg.;zJo Dear Planning Commission Members: I have been retained by a land owner that has made a major investment in a properly within the City for a senior citizens faci(ity to review and comment on the proposed amendments to the City's Environmentally Sensitive Areas Ordinance, Article XIV. My background in this topic area includes: 1. 2. 3. 4. 5. � 6. t � 7. 8. 9. Administration of the SEPA program at Snohomish County for three years. Membership on the Governor's W-4 Committee to develop recommendations for the regulations of wetlands and other critical areas statewide. Technical expert for preparation of a Handbook on Regulation of Sensitive Environmental Areas for the American Society of Planning Officials. Member of the Snohomish County Aquatic Resources Advisory Committee. Member of the Snohomish County Groundwater Advisory Committee. Drafter of the White Paper on Local Critical Areas Regulations for the Snohomish County Eeonomic Development Council. Drafter of the Functions and Values Matrix for Stream & Wetland Regulation for the Master Builders of King & Snohmish Counties. Speciat Consultant to the City of Everett in the comprehensive updating of the City's Sensitive Areas Ordinane (ongoing). Special Consultant assisting the Cities of Edmonds, Bothell, Mukilteo and Lynnwood in the development of Sensitive Areas Ordinances. I have also had over 15 years of experience managing design and project review teams with significant geotechnical, wetland, seismic and ripazian analysis and evatuation functions. Of my 30 years af professional planning experience, 15 have been spent with public planning agencies. I have been practicing in the Puget Sound region since 1980. . I have had an opportunity to review the existing City ccitical areas regulations, the staff report from Don Largen and Attachment A, the matrix of preferred a(ternative and 2 other alternatives. In summary I have the following comments and recommendations: WETLAND DEFINITIONS: The regutations lack a definition of man-made wetlands as exempt from regulation as consistent with state law. WETLAND CATEGORIES: Most criticat areas regulations for cities and counties under the Growth Management Act have three or four categories of wetland and streams with distinct criteria for each category. , The actuat regulations provide a decreasing leve( oi protection and an increasing fle.cibility to alter wetlands for ,.; ,.�wer categories or ciasses. The proposed amendments to the City's regulations should incorporate this concept. Outstanding Professionats?: �'� Oiitstanding Quality Planning Commission November 19, 1997 Page 2 WETLAND BUFFERS: Most critical areas regulations for cities and counties provide graduated buffer widths for the different categories of wettands. The most common system for wetland buffers is: CATEGORY 1 WETLANDS 100 FOOT BUFFER CATEGORY 2 WETLANDS 75 FOOT BUFFER CATEGORY 3 WE'ILANDS 50 FOOT BUFFER CATEGORY 4 WETLANDS � 25 FOOT BUFFER The Central Puget Sound Growth Management Hearings Boazd � very recently upheld the Snohomish County Critical Areas Ordinance with the above-mentioned buffer widths as being most consistent with GMA requirements. These are essentially the same buffer widths of the King County Sensitive Areas regulations, supplemented with the 15 foot building setback from the buffer used by that County. The buffer widths proposed for the amendments to the Federal Way critical areas regulations are twice that approved by the GMA Hearings Board for Snohomish County. I would strongly urge the most common buffer widths identified above. Studies commissioned by the Washington State Department of Ecology in 1991 concluded that buffers less than 50 feet in width do not provide full protection of wetland functions and values. Detailed interviews with this studies primary author, Andrew Castelle of Adolfson & Associates indicate that the study assumed no storm water cotlection, detention or water qualitv treatment and all storm water run-off flowin� throu�h the buffer into the . wetland. Within the Puget Sound region, all cities and counties require storm water collection, detention and water quality treatment for all runoff from impervious surface areas. No storm water cunoff from impervious surfaces is atlowed to flow untreated through wetland buffers into wetlands from new development. Further, the previously mentioned DOE study also concluded that there is relatively little benefit to wetland functions and values from buffers greater than 50 feeL The main reason larger buffers aze considered are NOT to protect the wetland, but to provide upland wildlife habita� This in most cases proves counterproductive to efftcient utilization of urban land served by urban infrastructure. Wildlife habitat in an urban setting generally is only useful to urban-to(erant wildlife species which do NOT cequire w�ide buffer areas for habitaL The proposed wetland buffer widths are twice those proposed for stream buffers, yet urban streams provide far more viable wildlife habitat for salmonid populations than urban wetlands do for terrestrial and avian wildlife. The width of wettand buffers proposed for the a�uendments to the Federal Way regulations do not recognize these basic wildlife management considerations by proposing larger buffers than necessary to protect wetland fnnctions and values by promoting wildlife habitat greater than required for urban-tolerant wildlife species. EXEMPTIONS FOR SMALL RESOURCE AREAS: Most criticat areas regulations exempt isolate wetlands too small to have significant functions and values. The most common exemptions are for Category 3 wetland under 2500 square feet and Category 4 wetlands under 10,000 square feet. I would strongly encourage the City to incorporate both le�els of smait wefland exemptions utilizing a four category wetlaad system. � �' i �;; �. ;�;: _, :�; � � INC. . � � � lanning Commission � ovember 19, 1997 Page 3 BUFFER AVERAGING: Most city and county sensitive areas regulations allow buffer averaging, provided the minimum buffer width is not less than 25 feet and the total buffer azea remains the same as though the standard buffer widths were imposed. It is not clear from the proposed Federal Way amendments exactly how the buffer width averaging will be limited in tecros of minimum widths and area. As noted in the background material provided by the consultant, buffer averaging is a positive approach, both for an applicant and for resource protection. It is a particulazly good tool where buffer enhancement is necessary due to poor quality of buffer areas, whether these conditions are natural or as a result of history site disturbance. These parameters need to be clarified in the amendments. .. Incentives should be offered for buffer enhancement where such enhancement improves functions and values. � VESTING: Whenever a new set of critical areas regutations are adopted or amendments made, significant implementation questions arise as to how to handle projects fi(ed whose applications are considered complete prior to the effective date of the new regulations. The genera( practice is to have to new regulations appiy to all new applications that are considered complete AFT'ER the effective date of the new regulations. Applications deemed to be complete prior to the effective date generally are subject to the old regulations, unless a specific written request for consideration under the new regulations is made by the applicant. I strongly encourage the (. City to incorporate a vesting section to the amendments, making only projects for which applications are ��etermined to be complete after the effective date of the new regulations subject to the new regulations. All apptications deemed compiete prior to the effective date of the new regulations I recommend be considered under the previous regulations. With the additions and amendments I have recommended, I believe the City will have a realistic and workable critical areas ordinance that is consistent with Growth Management Act and balances the GMA planning goals and principles for a wise utilization of both developed and preserved lands within the urban growth boundary. Cities and Counties that have incorporated these criteria and principles have been supported by the GMA Hearings Board as appropriate and viable approaches. I strongly ucge the Planning Commission to recommend this additional modification to proposed amendments to the Federal Way Critical Areas Regulations. Sincerely, DAVID EVANS AND ASSOCIATES, INC. ` �'�i�� Ji Miller lanning Consultant JGM c: ��e�., Pacific Intemational Engineering � RECEIVED o`� aR.PnFN �;�. °� i��IT1' 7..`: . 1.. I� r[p T . ` . � ESM inc. A CIVIL ENGINEERING, LAND SURVEY, AND PRO)ECT MANAGEMENT CONSULTING FIRM November 17, 1997 Federal Way Planning Commission City of Federal Way, City Hall 33530 1� Way S. Federal Way, WA 98003 RE: Proposed Sensitive Areas Ordinance Dear Sir: I received a memo dated November 10, 1997 from Kathy McClung with a copy of the proposed amendments to the sensitive areas ordinance, now under consideration by the commission. � As you know, I have attended a couple of hearings on this issue and written letters and supported the testimony of Sue Burgemeister from B-Twelve and Associates. After reviewing the memorandum from Don Largen on the� proposed changes which accompanied the memo which is undated, I have come to the conclusion that you have come full circle back to exactly where you were to start off with and, therefore, I have the same criticisms that I had before. � I am unfamiliaz with any other City or jurisdiction in the area that has 200' buffers around class I and 50' buffers around class III. More typically they are 100' on class I, 50' on class II and 25' on class III. The jurisdictions have the ability to increase these set backs if there is something specific about the wetland that needs protection. As this is set up, there are ways to reduce them, but the �burden is on the applicant not on the City, which in my opinion puts too much responsibility with staff and that result will be that there will be no reductions. What is proposed is taking double the necessary property to protect the wetland without compensation or justifications. � � 720 South 348th Street • Federal Way, Washington 98003 Federal Way (206) 838-6113 • Tacoma (206) 927-0619 • Seattle (206) 623-5911 • Fax: (206) 838-7104 �� Federal Way Planning Commission November 17, 1997 Page 2 I would appreciate it if the City would again look at the requirements and what they are doing. In our opinion, this still does not get us where v�te ne.ed to be. I would appreciate it if you would reconsider the proposals that now exist, while it is better than what you have, it is not the optimum that one would expect from this kind of an e ort. Very truly yours, ES , C. '' . � ROBERT D. SCHOLES, P.E., P.L.S. President \ksm�rys\wrd-procUetter�rds i.doc � � �� .i NED GULBRAN • ASLA LANDSCAPE ARCHTI�CT 2833 Mt. St. Helens Pl. S. • Seattle, Washington 98144 •(206) 725-0390 :� October 3, 1997 Kathy McClung, City of Federal 33530 First Wa Federal Way, WA Land Use Administrator Way y South 98003 RE; Environmentally Sensitive Areas Code Updates Dear Kathy: � We were pleased to hear at Wednesday evening's Planning Commission meeting the Staff�recommendations for allowing access to regulated str�ams for the purposes of rehabilitation and 3�►aintenanc�. The proposed changes are among the several regulatory changes needed to make it possible to solve the problems along the watercourse on the 40+ acre Powell property. As we have described to you and the Planning Commission, the watercourse on this land located between Dash Point Road and the sewage treatment plant at Redondo (please see attached map) is in�great need of rehabilitation. Our view of the of the regulatory chang.es needed is from the perspective of the y� situation at just this one site. But there probably are many similarly degraded streams in the City which would benefit regulations that would permit their rehabilitation. u The changes proposed by the Staff in the wording of-the Stream Regulations, Sec. 22-1311 and 22-1312 are helpful. However, there are other regulatory factors to consider so that work could take place in a timely and effective manner. The following are our suggestions: - 1. Permit Process - We recommend that permits for stream re- � habilitation and maintenance be granted through Process I. We revocRnend also that once the proj ect is penni.tted and �nstructed that ��i qo R periodic maintenanoe and replanting of native vegetation be allawed without �,J�'�M� repeatinq the permit process. �� ,�,�r,ess �+PCw�''`� 2. Rec�ulated Slopes - We recommend a provision that would allow �,µ.c�rs intrusion on or close to regulated slopes for the purpose ��, of gaining access to a.stream rehabilitation site. Our stream lies in the bottan.of a c�ep, steep-banked ravine• We w�uld require permission to traverse slopes of 40� or more in sane az'eas in order t�o get machines and materials to areas of-the wateroourse that require cleari 's or installation of check c7ams• It maY also be necessary b'dg� e stream bed to get aicound excessively steep areas. In a f s, the stream bed can be reached without ir�3}�[D BY on a regulated slope. In other areas there are roads or t��1F�IT�a�fLOPMENT DEPARTMENT Q(;T �6 1991 La�dscape Des►gn ' Landscape Rescoracion • Land Planning •, .. - Kathy McClung, City of Federal Way Oct. 3, 1997 Page 2. wpx'e built on steep slopes many ye�-S a� �, �e Water District and in o�rij unction with installation of a culvert which w�e are naw tryinq to protect. But Sec. 22-128 vents us fran aoming within 25 feet of these steep areas. � 3. Protection from Wildfires - We �� ' provision for clearing of treesrt �establish�firerbreaks to protect life, property and public safety. _.__..._._ - ---�--�—�...�. � J The fire lareak rule sh4uld be linked t,o both slape arid stream so that cl regu]-ations s t s worr �ri-n9 is . d�ne in a n�anner both effective and aesthetically ��rHV+ sensitive. Zhete should also be provi.sion for establis acoess tracks f� fire fi ' �q�{ t ��T� y�+s ��- " � �s �,.s a�K��.►r z S�'�'�''s This 40+ acre proPertY. like m�st o�f ��' �`�i�wj t� � mostly of law 9ua1i deciduous �et Sound lawland forests, oonsists w�stw�stt . storms. �' trees which are vulnerable to wintex � Zhe fornst floor is c�oked with dead w�od fr�an dawned .t�s. T'he de� ravine is like a chi�eY. and it is� aligned wifih winds. Residenti.al. nei �Y suamer north home is in a cl ��' � the farest, and the c�mer's Dash Foint Road,� ar�te�Sere a di p�y barders on a fire. Zhe pro�perty a.s 9arette o�uld start 1arg� enough that aocess to it c�annot be � confixnlled, and there is the possibility of with�azt it beinq . i�i.a�y notioed. �P� startinq a �� Fire breaks wnuld be `�� `� planned to divide the v � rtes4 - ]�est pr�tect the sur�ro �°P�Y into uni.ts that would �� din9s and w�ul.d isolate a fir�e i.nto an a�.e� �t-�� easily defended. A fire �eak w�uld be just wide enou on opposite sides wr�uld not touch. It w�uld not be a�� t tree topsl"�'ri�' ,� ,�Yta�Wi cut through the forest, but wnuld sensitive to slope, the stream bed, �� views and habitat. Trees, brush and dead a�ood wr�uld be cleared fran the fire break, and somewhat fire-resistant native shrubs would be planted. These are our concerns. We hope that they can be addressed in the revised Sensitive Area Regulations. We would�be�happy to continue working with you on them. We would also be happy to guide you and your staff on a visit to the site so that you can see first-hand the stream bed problems that must be resolved. As additional background information, we are enclosing a eopy of a study of conditions in the ravine which we sent to Ron Garrow in April, 1g95. Sincerely, �� :�, � �� Ned Gulbran for Monte and Giane Powell enclosures: map and report of April, 1995 � s �_ _. �;. z � � � D 'o �-:.-. \ � �� \.��:� ; � � � � . . �. -_ ---_-----�� ij��al�'/1/_. l . � 911 411 � I�I'' � � • � ''=-11_I�i_ i ,- � 1 . �— September 30; � 1997. ' ' .- . � . Planning Commissioners ' _ � . � . . . - " . � . Federal Way City Hall � � . . � � . � � Federal - Way, WA �. ' . � RE: Revisions� to .Environmentally Sensitive Areas Code �� " " � This letter addresses the revisions proposed to the City of Federal �Way Code update as it relates to Environmentally Sensitive Areas; .�I have beeri•certified �as.a Professional Wedand Scientist by�the Society of Wetland Sc'ientists and have been a'vtretland` � consultant for the past 13 �1/2 years. My firm has completed hundreds of wedand : studies in King and-Pie;ce Counties as �well as Federal �Way, Tacoma,: Autiurn, Kent, DeslVloines, and SeaTac.� We also consulted to the City of Normandy Pazk for the � wetland and stream "sections of their sensitive areas code. ' - � We have had the opporhmiry to� review the August 21, 1997 report to you from. Don Largen. This.letter addresses the recommendations in Mr: Largen'.s report as well as issues I have discussed with Mr. Greg Fewins. • ' - I would like to begin by thanking you for addressing revisions to the eicisting code. . As a consultant to developers in Federal Way, we have found it extremely difficult to assist our clients due to the inflexibility of the code. As you know, small lots with marginal ' value wetlands have been inordinately impacted by the unusually large buffer requirements. . � _ Our specific comments are: 0 1. Rating System: . � We support use of a three-tier wetland rating system. Although the Washington Dept. of Ecology. recomme�ds a four-tier classification, this system can be aclininistratively coumbersome.. Conversly, the two tier systems frequently used by smaller cides do not provide adequate levels of distinction between the very small, low value wetlands and the mid-sizeqnoderate wetlands. 2. Category 2 Definition: We strongly disagree with Mr. Largen's recommendation to modify the Category 2 definition as proposed in the Staff Preferred Alternative 1. Specifically, we disagree . . •. : 4. ��\ � ' ..�: � . ��:� .M ' :a , -,�: r� . :::; _ ' : 4 �_, . -��: .� � 1103 West Meeker Street, Suite C• Kent, WA 98032-5751 •(206) 859-0515 • Fax (206) 852-4732 I � • . RE: Sensitive Areas Code � ' B-twelve Associates, .Inc. ' October 1, 199? � � � Page 2 m � - . with. the suggestion that the Paragraph "c" language sfate that the wetland would be �-,� "less than one acre in size in its entirely aad having � or more wetland�classes; we," • .. alsa disagree with -�he removeal • of "or forested" from the criteria. Staff had �. •• � recommended that the�language,stare "having three or..more wetland classes, which � l�ave a forested class". We believe that lowering the Category 2 threshold to two � � wetland classes � M � � � � • , more res chve standazd than is used by any : �. .� ofher city or county in the immediate vicinity of Federal Way. We have attached � �copies of.ttie existirig category.definitions from�Kent, Normandy Park, Tacoma, . • �� DesMoines, and Pierce and King �Counties for your review. Please note that where .� � wetland �class is a defining part the criteria,. each of these jurisdictions requires the . �� forested class as.a component of�defining�a higher value wefland. �. � � The apparent purpose of this� section of the code would be to protect smaller lugher • . value wetlands; we agree with this need. However, our experience is thaf three ��• � wetland classes are what give the smallerwetlands this higher value. To understand the � � distinction between two or three ctasses; �a :definition of wetland vegetation elass needs � to be addressed: The industiy standard�for these definitions is taken from "USFWS� Classification of Wetlands and Deepwater Habitats of the United States" Cowardin, et . al. This document is �most frequenfly referred to�as simply "Cowardin". � Classes (or communities) of vegetation�include aquatic, emergent, scrub-shrub, forested, and open .- � , water. The wetlands we recognize from brochures. and TV documentaries typically . � include most of these classes. However, in our �urbanizing areas, almost all of our wetlands have been impacted-by.historic andlor current human intrusion. As a result, the picture book wedands are very infrequent. In Federal Way,�the large forested ' wetland (Hylebos 18) to the south of SE 348`� Street is an example of this extremely high quality of wetland. Most.commonly, our urban wetlands have no mature trees (a forested class) and are covered by non-native species like blackberry and reed canary . grass (scrub/shrub). However, most do include emergent and scrub/shrub classes. These wetlands frequendy less than one� acre in size, are very wet only during the w'inter and early spring and dry out during the summer. Most land owners therefore do not recognize these areas as wetlands. Yet, because they have two wetland classes, they would be up-graded to be regulated as Category 2 wetlands with 100 foot buffers:. , as r. L,argen suggests. will be mordmately restnct�ve to most .�. :' .�: ' ' wetland properties In addition it is a�� tri ' �'� If the of Mr. Largen's recommendation �to remove the forested class from the upgrade, and to limit the threshold to two wetland classes is approved, wetland blackberry patches with emergent understory less than one acre in size will be protected with a 100 foot buffer. Most commonly this means that small wetlands located in an abandoned field or at the edge of an old fill site will be upgraded to a Category 2 wetland. We do not agree that this kind of wedand should be identified as a higher value wetland. � n � � � .� � 1 . . f `_.� RE: Sensitive Aieas Code � B-twelve�Associates, Inc: October 1, 1997 Page �3 . - � We strongly �ncourage you to adopt the criteria and language for Wedand : Cla�ssification S.ystem: as noted in Preferred Alternative 1 without the modifications �� propos�d by Mr. Largen. . � 3.� Buffers: . . • . . � : We �quesrion the need ro apply suc� extremely broad buffers to the cat�gory�2:and 3 wedands. As with the classification criteria, the buffers proposed will�be more restrictive than those of any other surrounding jurisdiction. In reviewing _the' DoE guidelines for establishment of buffers, it is important to note that DoE uses .a 4-tier system; thus DoE category. 2 weflands are of significantly higher value than the - category 2 wetlands typ'ically identified in a three tier system. � � • _ When the Largen proposed:mod'ification.of the Category 2 wedand is combined with " the large (100 ft) buffer, the_ impact-to the properly owner appears to be unusually � restrictive. - • � : � Both the 50 foot buffer �or the Category 3 wetlands and the 100 ft buffer for the Category 2 wetland will frequendy result in buffer areas that far exceed �the physical size of the wetland: With the provisions for 6oth larger buffers and buffer averaging, smaller buffers typically permit flexibility for protection of the wetland .while allowin.g site design flexibility. We therefore encourage you to consider reducing ttie buffer of Category 2 wetlands to 50 feet, and Category 3 wetlands to 25 feet. �� 4. In our conversations with Greg Fewins, we were disappointed to learn that two additional issues are not being addressed in this modification process: . � a. Administrative review of reasonable use applications for a single family residence on a single platted lot , We have assisted almost a dozen private lot owners, in a variety of jurisdictions, with gaining pernuts to build single family homes on already platted lot through the reasonable use process. In cases where a public hearing was required, the average costs for the process has been approximately $12,000 to $15,000! The resultant impact and mitigation plans have been exacfly those which had been worked out between the applicant, his consultants and the city prior to the hearing—for about $3000 -$4000! As a second phase of your review process, we urge you to find an administrative review process for this unique group of land owners. b. Regulated Lakes � �< The existing code recognizes "regulated lakes" as a wetland category. These lakes (typically found in West Campus) are storm water detention ponds which now have the 0 . . � .; t �, ... : � `..: '.� . .� . :. � . �� :� '; . I � N RE: Serisitive Areas Code � . . � � � � . - - . •,,` - . . . �a B-twelve Assoeiates, Inc. ' � , • � ;h ,,, � October : l , _1997 . . � . � ' : : �� ' ' .Page 4 ' - � � . . . . �. . � �;; . rv :, — . . P;; • ,KI ,s , ' ' ' ' ' • � • ' %t � characteristics of open water pond wetiands. In our-experience with new deveiopment �� ' �. . around: these areas, the staff has been cooperative is assisting us and the developers �in �' �` I � ,. working �our.wa y throu gh a ve ry cumbers o m e re g u la tory. process. Because t hese. storm �� •. �': I ponds have �been included as a special category of wetland, an3!. new discharge.of storm � � � water•�to these areas must be viewed as a ote ' � �. �^�.'"' X' p nt�al unpact to a wedand: Thus, the . �.» �- � .:: ; -� project is required to provide. sensitive azeas mitigation for storm� water impacts to an �. �-��'; existing��storm water detention pond. � � � � � : . -� ; ;;; . - � � . • . - �_; : � � aaai�on, because the lake is considered a wetland,�itis also=protected by a buffer. �. • �� `` Thus; any modifications which� must be made to the existing inlet or outlet control � ��. :� �: �- . ��structures, must also be mitigated for buffer impacts under,the current code. It should � y" .: also be noted that these regulated lakes would meet�the criteria as Cafegory 2 wedands � .,��: �:: under both the staff Preferr e d A l ternative 1 an d the Iargen modification. Thus, _ .� ��; �: �regiilated lakes (storm ponds) would be protected by 100 foot buffers. .� �� ;��` . - - ti; �:. . � :�; Reviewing storm water discharge projects as part of the sensitive areas eode compliance �: :� ` adds thousands of dollars to a project which complies with the master storm drainage � plans for� the city. � - � ��• We urge you to speeifically exclude. these storm ponds as regulated weflands. While we do n6t support destrucdon of these areas, we do not feel it is appropriate to protect an area created and maintained as a storm pond as a regulated wedand. Thank you for the opportunity to provide input into this complex process. We are available to answer any quesdons you may have. Sincerely, B-twelve Associates, Inc. � .�� , � Susan. L.. Burgemeister President � Enc. \�� i _ I `�� ; , any uninveotoried wetland which aeets any one.of. the following criteria: • � � '�'(�) Netlands having Fl ora or fauna species, and/or outstanding potential habitat for - � those species� listed by the fede'ral . governmeot •or State of washingtoo as endangered�'threatened� sensitive, special concern� or.monitored; � (ii) Wetlands� or collection of aetlands within a st�eam corridor. greater than or equal to. one (1) acre in size having one• �(1) or more wefiland classes; or (iiij Netlands. or.collection of wetlands within a stream corridor,. of any �ize haviog . - . three (3)'or more wetland classes. (2) ."Imnortant wetla�d" is a wetland meeting any of the following criteria: • . (A) My wetland either.assigned the f3 rating in the King-County Wetlaad Inventory Notebook; or •(B) � MY rated wetland that shows significantly � chaoged conditions since being inventoried or any uninventoried aetland, or collection of wetlands within •the stream corridor. which is • less than one (1) acre in size having two (2) or fewer wetland classes. � �� Section 4. 6eneral Reuuirements (a) �uolicabilitv.. All development proposals in environmentally sensitive areas,�whettier public or private, shall comply with the requirements and purposes of this Chapter�. The Planning Oirector is authorized to adopt writteo procedures for the purpose of carrying out the provisions of this Chapter. Responsibility for enforceme�t of the provisions . of this Chapter shall rest with the Planning Oirector or the Oirector's desig�ee. For the purposes of this Cfiapter, development proposals include proposals which require any of the following: . Buildi�g permit; land clearing� gradi�g, or filling permit; shoreline substantial development peraiit; shoreline . variance; shoreline conditional use permit;� shoreline environmental redesignation; conditional use permit; • unclassified use permit; vari�ance; zone reclassification; plaened unit development; subdivision; short subdivision�_ any other land use approvals required by the Des Moines Municipal Gode of the Revised Code of Nashington. _ �� (bj Saecial Studies Reauired When an applicant submits an apptication for a�y development p�oposal the application shail irtdicate whether any env��ronmentalty sensitive area is located on the site. The Planning �Director or the• Di�ector's designee shall visit the sub3ect pr.operty and review the information submitted by the applicant•along with a�y other available information. If the Pla�ning Oirector determines that suff�icient environmental information to evaluate a proposal is not available, the Planning Oirector shall notify the applicant that special enviro�uneotal studies are re4uired. Special environmental studies shall include a comprehensive site inventory and .analysis. a discussion of potential impacts f�om the proposed development, and specific measures designed to mitigate any potential adverse environmental impacts of the applicant's proposal, on- and off-site. The Planning Oirec[or shall develop and maintain a detailed list of required study � �, � .. . . _.. .. . . . . .. •_ _ . . ._ . Section 7 Develooment Stah�ards ' {a) Streams and N t>> Buffers. If a stream or a wetland is located on or contiguous to the site of a development proposal. all activities on the site shall be in compliance • xith the followiog requireaients and restrictions: . . (lj Streaws. The following buffers of un�isturbed native vegetation 'shall" be provided: �AJ Si9nificant St'reams - one hundred foot (100') buffer. (6) Important •Streams - thirty-five foot (35') buffer. � •��1 �Y stream relocated or mitigated because of .alterations shall have at least the minimum buffer required for. the category of stream .involved. • (0) A11 buffers shall be measured frow the of the upper'bank'of the stream as identified in ; . the field. . ' (2)' Wetlands. The folloxing buffers of native veyetation' shall be provided: � � � (A) Sfgnificant Wetlands - one hundred foot (100') - buffer. . . � (B) Important wet]ands - thirty-five foot (35') buffer. (�) .�Y wetland relocated or mitigated because of alterations shall have at'least the minimum � buffer required for the category of the wetland invo7ved. . � (D).� All.buffers shall be measured fram the edge of . the:wetland ai identified in' the field. (3) Additional� Buffers. The Planning Oirector may require either additional native vegetation to achieve purposes of this Chapter or increased buffer sizes when environmental inforaiation indicates the necessity � for greater buffers in .order to achieve the purposes identified in Section 2: 1n cases'where additional� . buffers are not:feasible� the Plan�ing Oirector may require the applicant to undertake alternative on-site - or off-site mitigation measures, including but �oE limited to a financial� contribution to'pro3ects or proqrams which seek to improve environmental quality _ within the same�watershed. (4) Buildina Setback� ; es. 'A building setback line of ten feet (10') is required from the edge of any wetland buffer or stream buffer. Minor structural _ i�trusions into the area of the building setback line may be allowed �if the Pla�ning Director determines that such intrusioos wi11 not oegatively impact the environmentally sensitive area. � . (b) lillsides -- Buffers and Oisturbance Lim�tations. If a h�llside �s located on or ad�aceat to a development site, " alt activities on the site shal.l be in complia�ce with the following requirements and restrictions: . � +I ;. � •� , {a �. � : �', : � � • ;; i� ;�i ;�� - � ' • : c:_� .� J �� )fYt (1 1 /A91 1 2 3 4 5 6 7 8 9 10 11� 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 O �� ' �� Rating System for SJestern Washington developed by�the Washington Depart- I ment of Ecology. The Washington Oepartment of Ecology has developed a I ' I methodology for rating wetlands under this rating system. That methodol- '��ogy sha�l; be used in rating wetlands under this chapter. It is contained I �in Washirigton Department of Ecology Publication Number 91-57 (October � '�1991). � . - I Type I wetlands are wetlands categorized as meeting one of .the following: � � - - . a. Documented habitat recognized by feder.al or state agencies . - - � ossibl extinct- �for threatened or endangered species of plant or p Y or extirpated plant, animal or fish; . . b. Documented high-quality Natural Heritage wetland sites or ualif as a ities which y � high-quality native wetland commun q Natural Heritage wetland site; c. Documented habi.tat of regional (Pacific coast) or national .. significance for migratory birds; d. Regionally rare native wetland communities; or e. Wetlands with irreplaceable ecological functions. —'� 2. Type II wetlands are categorized as meeting one of the following: . : � a. Documented habitat for sensitive species of plant, animal or fish recognized by federal or state agenci�es; - • b. Wetlands with documented priority habitats or species recog- nized by state agencies; - _ c. Wetlands with significant functions which may not be ade- quately replicated through creation or restoration; or -30- I 7521r �� - �''�! � .� �� t ry • � �� J..�J718 � 3 . 4 � 5 6 7 8 _ 9 10 I1� 12 13 14 is 16 17 18 19 20 2�1 22 23 24 25 26 i a d. Wetlands with significant habitat value greater than or equal � to 22 points (fr.eshwater wetlands). � �� 3. Type III wetlands are defined as those wetlands that do not . , .. . contain features outlined in type I, II �r IV. --=�4. Type IV wetlands are defined as those hydrologically isolated � wetlands that do not meet�the criteria o'f a type I or II wetland and are: . a. Equal to or less than one acre in size, have only one wetland _class and have only one dominant plant species (monotypic vegeta- tion) or b. Equal to or less than two acres in size, have only one wet- land class and a�predominance of exotic species. 13.11:150 REVIEW PROCESS. A. Overview: Application for a wetiand or stream assessment, delineation or permit by one or more property owners or applicants shall be made to the Public��Works Department, Building and Land Use�Services Division. The Building and Land Use Services Di�vision may utilize infor- mation�from the United States Department of Agriculture Soil Conservation Service, the United States Geological Survey, the�Washington Department of Ecology, the Coastal Zone Atlas, the National Wetlands Inventory maps, Tacoma topography maps, the City's Generalized Wetland�and Critical Areas Inventory maps, and Pierce County Assessor's maps�to establish generai locations and/or verify the location of any wetland or stream site: The Land Use Administrator shall make an initial assessment, which may require �lans.as specified in Section 13.11:150.0 and a site inspection, to deter- nine whether a delineation report is required. If a delineation report is ` s4 • . ...-'. . �C��yT . � � I � e � � � - 31 = „ 7521 r .� /i� �1T1d t � ' 3 -� 5 6 7 B 9 10 11 12 I 13 1� � t5 16 17 18 19 20 2l 22 23 2� 25 26 ;� �.�� pollutants, enhance wildlife diversity, and support and protect wetland plants and wildlife. A permit may be granted.if it has been demonstrated that no adverse impact to a wetland will occur and a min�mum buffer width ' wijl•be provided in;accordance with this sect'ion. The buffer sha71 be measnred from ttie�upland edge of tbe�wet7and or stream and shall consist . af an area of natura7, enhanced or nerv native=vegetation. �: � � �8. �Minimwa Req�irement: - ' � : .. � � 2. Wet7 ands : Weti and buffer wi dtirs shal l be �establ i shed as fol l ows, based on wetl arid � c7 assi fi cati on: �� "�� ' � Type I - �00 feQt: . . :_- : � • .'Type II �' 100 � feQt � � � � � � � . . � - Type III -: '� 50 feet � � � � . � TYPe IV _ �25 feet �. . . . . : . . . ' . � � 2. Streams: Streams with riparian wetland ha(ritats shall have�. the buffer widths which apply to their wetland classification or. � �the fol7owing bctffer widths, whichever is more restrictive. � a. Minimum �buffer widths� hased on stream �classification and the � intensity of use and/or activity are: �� ' �"_ (1) Type'I streams: As set forth in`Chapter I3.10, Shore= � . - • . . -_ � ' . _ .. ��: 1 i �e Manag�ment; of �'the Offi ci al Code of �the� Ci ty of Tacoma, I� - . - . _ . .. � or the same as type �II and 7II �strea�ns below, whicfiever is��` �� greater. •- • � - � .. � (2) Type II and III streams: A minimum�100-foot buffer:�� . :, (3) Type IV streams:� " ' �`� (a) Low impact uses with minimal human or structural � activity such as�passive recreation shall have a minimum 50- 7521r -44- ��, �M � • I :' �". . ,t �!rtc . ' b v 'J �'�,.,,..'. � : �wN�+.:? � . ;:;; ., f ;. :; ; �. r,� _�-�• t ,.2 s_ �_ ` ..'.� �� .3 yj� �� "��,� y ;�.� �'�-� - � �. ::. �' 6 . `7 � �'i3 � �5 16 17 �� foot buffer. 1� 6 . . . ..,.....,�_' . -'�-----'--�i:,•�_ . . � i (b) Nigher impact uses with human or structural activity . such as active recreation or residential, commercial and. : :industrial uses:or buildings shall have a minimum 100-foot :. buffer.. . - . (4).: Type Y streams: A minimwa 25-foot buffer. • C. Buffer areas ar 6uffer widths may be modified, on a case-by-� case basis, by averaging, decreasing increasing widths�under the foi=� � lowing-conditions. In determinations concerning th� modification �.of buffer.s, the Land Use Administrator shou7d consider the re7ationship �� between the siZe in area of the buffers on site.and the�size in area of = .. - - . . _t. . the wet7ands or •streams on site. . - .- � 1. Averaging.shall be a77owed on7y the fo7lowing is demon- strated: • . - � . � �� ,. . a. Variations.in sensitivity_exis� because of physical charac=.. teristics; • : � .b. The least intense land use wil7 be adjacent to �reduced buffer . . = . ?�'• . . _ .. : � :�, • Ni dth;� .� - - _ - - - . . : . _. : � s - . : _. . � . . . c.� �lidth.averaging will not adverse7y �impact function or _. . . .. . _ :. . �. . . - � val ue; and . . , � - � � � , . . ; � ... _ . : - -: .. _ d. Total area cnntained within the averaged bctffer is.equal to the minimum required within.the standard buffer zone. -. Y , �.. . , �. { �. . 4 j.. � , � . . Nowever, in no instance shall the buffer be reduced by more than 50 percent for a wet7and or�stream, or be less than 25 feet for a wetland or ten feet for a stream. � .. ig , r, ,, � .. f.'i 19 F , 2O . ' :<;i. :�1 21 `- ' k�l . �. '� � �~ 23 . -�.-.-. �� :3�- . �,: _ "• �:�a�� . :�,�_ . 2. The Land•Use Administrator may require increased buffer � -45- xi,�,,,,,, 7521r . }�IlVG ��o• excluding buffers, which is hydrologically isotated from otfier wetia�ds or streams does not have permanent open water, a�d is detennined to be of low function. (Ord. 11621 § 33, 1994: Ord. 10870 § 322, 1993). - 21A.06.'l415 Wetiands. Wetlands: those areas in IGnp County which a�e inundated or saturated by ground or surface water at a frequency ansi duration sufficient to suppo�#, and unde� normal circumstances do supporc, a prevalence of vegetation typicaliy adapted for life in saturated soii conditions. Wetiands generally indude swamps, marshes, bops and similar a�eas, or other. • artificial features intentionalty created to mitigate conversions of wetlands pursuaM to wedands . • mitigation bank�ng. Wetiands do not indude artificiai features created from �on-wetiand areas including, but not Gmited to irri�ation and drainage ditches, grass-Gned swales, canals, detention ' faa'tities, wastewate� veatrnent faci'Iities, farm ponds and landscape amenities, or those wetlands created afte� July 1, 1990, that were unintenfionaily created as a �esuh of the co�struction of a: road, street, o� highway. Where the 've�etation has been removed or substantially altered, a� ' wetfand shall be dete�mined by the presence or evidence of hyd�ic or organic soil, as well as by • other documentation, such as aerial photographs, of the previous existenoe of wetland vefletation. When the areas of any wetlands are hydrologically connected to each other, they shall be added . together to determine .which of the follovying categories of wetiands apply: � A. qass 1 wetlands, only i�clndng wetla�ds assigned the Unique/Outstandng #1 rating in �e ��3 IG�A County Wetia�ds Inventory or which meet any of the followinfl criteria: ' 1.. are wetla�ds which have present�species listed by the federal or siate govemment as endangered or threatened or.outstanding actual habrtat for those speaes; 2. are wetia�ds which f�ave 4096 to 6096 permanent open water in dispecsed patches witti two or more dasses of vegetation; •. � . . . - 3. are wetfa�ds equal to o� greater than ten acres in size and have tfiree or more dasses of vegetation, one of wf�ich is submerged vegetation in pemnanerrt open water, or 4. are wetlands which have present plant associations•of infrequeM occurrence; B. Class 2 wetlands, only indudng wettands assigned the �gnficant #2 rating in the 1983 King County Wettands Inventory or which meet any of the following criteria: 1. are wetfands greater than one acre in siz�; . : . � 2. a�e wetfands equal to� or less than one acre in size and have tfiree or more classes of vegetation; � � . . - _ - 3. are wetlands which•� Plan; or a. are located within an area designated 'urban" in the �lGng CouMy Comprehensive b. are equal to or less than one acre but larger than 2,500 square fee� and c. have three or more classes of vegetation; . � ' 4. are forested wetfands equal to or less than one acre' but la�ger than 2500 square feet;. 5. a�e wetiands which have present heron rookeries or raptor nesting trees; a�d " C. Class 3 wettands, only inc(udi�g wetlands assigned the Lesser Conce�n #3 rating in the� 1983 IGng County Wetlands Inventory o� which meet any of the following criteria: � � 1. are wetlands equal to o� less than one ac�e in size and have two or fewer classes of vegetatio�; or - � • 2. are .wetla�ds which: • . a, are located within an area designated "urban" in the IGng County Comprehensive Plan; � � ' b. are equal to or less ihan one acre but larger than 2,500 square fee� a�d • � c. have two or fewer classes of vegetation. (Ord. 12122 § 1, 1996: Ord. 11621 §� 34, 1994: Ord. 10870 § 323, 1993). ' 06-40 . (King County 3-96) ;:�=�i=�: .� . � I4 � � use of hazardous subsrances, pesticides and ferbT¢ers in steep slope hazard areas a�d their buffers may be p�ohibited by King County; � �' ' � �. D. Alterations to steep slope hazard areas arid bufFers may be allowed oniy as follows: • 1. approved surface water conveyances, as specified i� the Surface Water Desi�n IVlanual, may be allowed on'steep slopes if tfiey are instailed in a manner to minimize disturbance to the ' slape and vepetation; • - . . . • • . . . : 2. pubtic and private trails may be allowed on steep slopes as approved by the county. � Under �o circumsYances shalf trails be constructed of concrete, asphah or •o�e� impervious • • surfaces which will corrtn'bute to surface water run-off, unless such construction is necessa� for �. soil stabilaation or soii�erosion preveirtion or uniess tfie trail system is spec�cally designed a�d 'i�ended to be�accessible to han�capped persons. � Addrtional requireme�tts for trait vonstruction may be set fonh in admin'istrative rules; _._ .._ : •. " 3. util'ity corridors'may be ailowed on steep-slopes if a specc:iai siudy shows tfiat such aheration v�n'il not subject the a�ea to'the rislc of lands('ide or erosion;•. •� • . � - 4. limited trimminp and p�in� of vepetation may be aqowed on steep slopes� pursuaM to an app�oved vepetation mariagement plan for the c;reation and maintenance of views if the sa'is are not d'�sturbed and the activity -is subject to adminisdaSve rules; .•: •- . r,.� 5. approved mining and qua�ryi�� ac�6vities may be allowed; and..: . . 6. � stabTaation of sites where erosion or landsliding threaten pubGc or. private structuces. . ut�Trties, roads, driveways or trails, or'where erosion and landstidin� threatens a� lake, stream, wetfand or shoretine. Stabit'aation work�shall be perfamed ima manner which causes the least possible disturbance. to the slope a�d its� vegetative cover; a�d� .. __, - .., . 7. reconstruction, remodel'u�p, or repiac�mertt of an Bxistinp structure upon a�othe� portion of art existi�fl irtipervious surface wf�ich was established pucsuartt to IGnfl County laws and regulations may be aliowed provided:� � � • •_ _:: • ... � • a. if within tfie buffer, the structure is located no doser to the steep slope than tfie e�asting strucfu�e; -,. . , � - .. . . � _„ . , . _ • • _ ;.: b. the.existing impervious surface wid�i�•the bufFer or steep stope is� not expanded as a �esuh of the�reconstruction or replaceme�. �� ; . :.:. . . .:; - . . E. The followin� are exempt from the provisions of�this section: =� :•-_-- 1. stopes which a�e 4096 or steeper with a vertical elevation chanfle of up to 20 feet.if no adverse impact wi!! result frort� the exemptio� based or� 1Gnp County's review of and concucrence with a sa'Is report prepared by a geologist or geotach��cal.engineer, a�d -. �-.. � 2. the approved regradi�g of any slope which� was created through� previous legal pradn� activities. Any slope which �emains 40% or steeper foilowinQ site development shall be subject to a(1 requiremei�ts for sieep slopes. (Ord. 1162i § 77,.1994: Ord. 11273 � 5, 1994; Ord. 10870 § 478, 1993). � . _ . ' . - ,,;; . 21A.24.320 Wetfands: development standards. �A development proposat on a site . contai�in� a wetland shall meet the followin� requirements:. � � . • '� A. The foltowi�g minimum buffers shall be established from the wetla�d edge: •. -. • '1. a dass.l wetland shall have a 100-foot buffer, .= - � _ � � , .. . . •� 2. a dass 2 wetland shall have a 50-foot buffer, ... . � 3. a dass 3 wetland shall have a 25-foot buffer, . . � • 4. any wetland �estored, relpcated, replaced or e�hanced because of a wetiand alteration shatl have the minimum buffer requi�ed for the highest wetland class involved; and � ,� 5. a�y wetland within 25 feet of the tce of a s(ope 3096 0� steepe�, but less than 4096, shall have: • . • � . . . a. the minimum buffer requi�ed for;the wetla�d class involved or a 25-foot 6ufiFer beyond the top of the slope, whicheve� is g�eater, if the horizontal length of the slope including small benches and te�races is within the buffer for that wetland class; or • 2417 (King County 12-94) .� e�,S � . . ��. � .-, � �.. �. �I �� _.,� EXHIBIT "A" TO ORDINANCE NO. 91-128 � Q� V � �� G f '" . �l�- � 1 17,22.210 Appendices A through �. � ` APPENDIB $� AETLAND CATEGORIES r i ► � > ) l � 3 � i ; 7 B � Wetland categories shall be desiyriated:according to the following criteria:' - . .A. 0 1 2 3 4 6 7 .8 � Category I: • � 1. Documented habitat for endangered br threatened plant, fish or animal species or�for potentially extirpated' plant species recognized by state or federal agencies; or 2. High quality native wetland communities, including . �� documented Natural Heritage wetland sites and sites which c�alify as�a Natural Hes3tage wetland; or _ 3.' High quality, regionally rare wetland communities with irreplaceable ecological functions, including sphagnum bogs and fens, estuarine wetlands, or mature forested swamps; or � - 4: Wetlands of exceptional local significance, as designated � by separate Pierce County Ordinance. Category II:' 1. Regulated wetlands that do not contain features outlined �in category I; and 2. Documented habitats for sensitive plants or fish species recognized by �°'� � "' °. �:, �°"° tate agencies; :or 3. Documented pr.iority habitats and species recognized by state agencies; or .. ' 4. Regionally rare wetland communities which'�re not high . quality, but which have irreplaceable ecological functions, including sphagnum bogs and�fens, estuarine wetlands, or mature forested swamps; or . a • 5. Wetland types.with significant functions which may not be adequately replicated through creation or.restoration. � ' These wetlands may be demonstrated by the-following characteristics: � . � a. Significant peat systems; or � Page 38 of 52 � ,GXriibl'1` ''h'' `i'O U�tUIt�ANCE NO. 91 . . . b. Forested swamps that have three canopy layers, _ excludir�g monotypic stands of red alder averaging eight inches�diameter or less at breast height; or c. Significant spring'fed systems; or _ 6.' Wetlands with significa�nt habitat value based on � diversity and size, including wetlands which are: . �• a. Ten acres .or greatier i.n size; and two or �nore ; ' wetland classes together with open water at any time : • during a normal year; or • , b. Ten acres or greater i.n size; and three or more •. : • wetland classes; and five or more subclasses of • �. vegetation in a dispersed pattern; or • . c. Five acres or�greater in size; and forty to sixty � . percent open water at any 'time durixig a normal year; .. = and two or more�subclasses of vegetation in a : - � -- dispersed pattern; or . . . 7. Regulated wetlands which are contiguous with both year- ' round and salmonid.fish-bearing waters; or - 8.'� : Wetlands with significant use by fish and wildlife. . � ,��. Category III: Regulated�wetlands.that do not contain features . �, outlined in category I, II or IV. • D. Category IV: ' � . • � � ; . l. Regulated wetlands which�do not meet the criteria of a_ ' category I or II wetland; and ..� '. 2. Hydrologically isolated wetlands that are less than or =� equal to one acre in size, and have only one wetland� , class, and have only o�e dominar�t plant species� (monotypic vegetation): • - . . Page 39 of 52 •��: -.: - _ ; I I ! � • 4 � :� - , i 2 •3 4 � 5 6 7 8 9 10 11� 12� 13 14 15 16 ,� � 18 19 20 ' 21 22 23 24. 25 26 27 :I � _ _��... � _ _ _ �_ . «�;; • 1! � �� .. �v �.� - �. l ..-. � - �e��re�a-�ea ' , .,,}z..,,,.a.. ��,...,a.r--�-��ed�i��T��—i�e�ir*o*e . �: • L a .r . � � G� _.r�r's--in'ssTr�3'��..., i... .. � .. a .. � .. a. , _ . � = : ��-e��ee�-e�r�e�-i-a--€e 17.12.070 Establishinq Buffers� . � . � A. . Buffers widths shall be determined according to the following ' table: ' � Wetland Categorv I II III 2�7 Buffer Width 150 feet 100 feet 50 feet 25 feet B. Buffer widths ma be modified ' •. by averaging�� 1. Buffer width averaging may be allowed only where the � applicant demonstrates the following: a . 2. � The wetland contains variations in sensitivity due to existing physical characteristics; and Width averaging will not adversely impact the wetland; and � . . - � c. The total buffer area after averaging is no less than the buffer area prior to•averaging; and d. The minimum buffer width will not be less than fifty percent of the widths established � � ^..`��-'- � _~ " . �' £�� :.;� � . � - ., .Buffer.width reduction may be allowed applicant demonstrates the followinQ�:: Page 12 of 52 the �-a-�------ ---- - - .._....._.—,��.--..-=,.-r_--z:= ---'--------c � �� `� �� a � �} �� '� � Y � �",� . �",�► �� _ i�s: �"i u ' ._�: :.�� a. �' t �' �'r_._ . S'��^5�'z':". � "�?r:�< � ' � ,:.'lr • .. n!� . ... •�oa+ ... -:r:t; . • :�:. . • . • • s • • • .�.; e .. y. �. . .. . �� .: . . + fir_._v:...• • �... .. , .. : . _+�. ...._ . ... . .` .�1��7 1Yl.ti1�lA<J�iiYl.�l�l.l.' . . ��z �:�^ '*:•S , . rr�' s� • +• • , ' :� :Sri�"s:�C• ai6 6..6lUCi` =n� p .�1,y.^ r+: 1w'•. io': . • : 37� , .. . �• . . • • _ • . • • 'F..f.�:�� =�: � ; •�_' s:�•- . � � . . . . � w�s � 16[JC �Cr atrif af6 r17�,176 �Ld ri�b DiOI[J� tC�001CCi. �i�{p O[lOm6l�(IO�OL �G�OOS tOG�11dG AOOd � �NNCt qOf� �Q10MQ� � Mi��l�'6 h1�R'JL �YCi �1G y'fiti� i�C7�61pC�0 Of ��f �IOC6 �� M�•SfC O 300QQ� Of bC1Oj, �OR Of ..r,•.r». �OR 1L �t LOCCiitfy b tslO{L � OfQE�tOd'iTCif iR d10 (� � tC�Y� �ChY1l�C'� � Md�t i� a f11Ci'�JiOlOL10 Nd�i mfi ��C17C� �OCL Md� �t10C�106i � Y�I1Ct� ♦O lOOOIY7j6 �0lJ[I� i0� C�iG00� O��tidOd MC�{fOd f�i � 10 COOOIIff�6 CfC�400 Of OL7 MCt�iOd atRf. .' � �.� .:. - '•=A . '^• ' k�s.a:...•.;.;.<r.�a�l;s-:c��r • �r.ir�,t�db'd'nr ��. . . � . . . . . . ' �Ot4- s«.��. T"1; �JM e:fi.+i s � ::�f is+' CS`�At: • .ats.4�';T . . .•• , �0 �CmCOt Of �N�i NItbIR 1b6 � OE KCOt�ti bltOd OY t jGi( O� LO OCl �Ofs O� NCt110d aCtC'�C� �f10Ct10LL OC �1�b1C. ��6 pOfp070 O� KCOt (.� C.Od6 11.� (KCBL VI/�i �• " :� �� ^�'^'� �� 7 p��i Q� � � �i �b 1h6 tCj4jff10LL O� dCYC�OQ� i� OIbCt �C1lYl�11Ci MlI�IIR mem ma'wredma b�a�so m.e aui�mop «th�nts w s+far u'4 aot «ntod: �.na mmnd �rctlmd tmet;oos.aoa valne, are noe ae�tsaea. ZLe Keoc rnbca w«k� Depa�omeae � boen e6at=od �vilh tbo admmis�tion aod eofaoemrat of ihe aea widlaod eode. - . �t ��iy •,r.z z. • .:.� .:-�r- ,. . aG " .. . � . • + _ : �ird- .v`.+.:r'. �t,� ' J• : : � �6�.. ... � `. ... . .: � 7D ..:Lf :r :'7,L•=t �+.:..• : ,A�: JL . .. .�i� '.s . . . ... . . . Geoaal�ProadurrforDetdopmeatPsojafi'. �;Y' •+s=- ?�'`-�'.�-•jwt ..�=--ni'i �, -....tr�.. �zn:: .. �....s•.. ;.•.•. •ci:..' _ . • � • . av wi�:� . . : �.�aN �..z . x..�:.:. .z . �.� ;: Foe aoo.SF3A piojoets� �. = Y _ . . invo 77i� , ��.� ��,�� L � � �. �. �: �l P��Lv►d sta0ts of Wtsite. Wyts•� _ � . . > . 2. Pie�ty actland:tams sLall be verifiod by Pu�bSa Worb. -1�-�• - - �%qj •-: s: • • �i' :a :.. . :;,�: . ._ . . . 3_ Wtdmd de1'mation �poct md mitiLatioo P�m maY be raN�d based on this ddamintioa. . a:�aa.'ag : . ::w3:Q�: ;.� ; ai �-n�ey.r• . �a�. �:. ' . .t �cs:: -: f.: . �'iie - r . . : . -* . .. - Foc SF�A pcojats- •, � • , " •� . 1_ .•. SUhmit ia Fnvit�l CbockGst (sea =uidma aLea 11� +�oot wilh a evuland dd'mntion npac aod 000apac,[ mitiEatioo plan. . .. - r�'�' ,r •�wttermetbr'eshoia sEPw aet«miouioo. ooaheiKeaePL� w��tio8ulas nevc3opmeac rlm Rcvka►moaiot eaxswdmee aLoetsl�, as p.�c oto«mat site aevelopmcat. 3�� +�n �eP� ��1 mt�on PLm.for taview aod spptoval by PubGa Waka. -- � s. � S�bmirfmil miti�ation pLm�md aeawm�a, as au!'mea ia xoC focteviea► aoa appro�*a[ by rubLc worlcs« �:^ .<.: - . . 5. Posti ii�d.md mititatioa bond: tsee Pubticl�Vocts iaramo� �x . •_•�„i =:•.:: :-: .ic:Yi :� �a�. . : „„ :, -. . S. �Ca reriod'�e iospoaion bs^weHsnd eeoloeistes) of peqcsss oowara tun impkmeatation ar approvoa-mit�.6on pLw. �: .: --.:. - : _"' �' �?. �i:. -- .. .•,�� - . -, • ��;ris�ei f�A�r r;.: `;su�:*�+i 3 • _ - .`�as: . ... • eiita� =.a - . : t:�:_ti�: • .::,»r- :� � . ..s�• ; tl: _ • n inmmarT oCI{CC Qupter 11.Q5 Reqniremeats. 'L �•r_ x ._ _ :�is{� - � ..�7� . _ . . .. .. a�t:' ..: �. .. . ._ . _ - r ,.�'Y:. ._�..%YJ:J�`4Ats.a. ".t;`r �q� J . - ' .':o . _ , - .•.'Ck✓Y•.: . ^: . . '� tnr: :_f� . .. xtefi. . � � :>�.. t 'a` - • '_ ' ' ' �ti -''�� . Anor�mb�7rtv: �'1'Li� dupt«� ir,qrpr,aek w,n ,aiviry ana acre7opmeac «euri� m�� ardl�na a we�aOa aJra. .. . . _ � . . ., . . . :i � _ : :u++ . _. . . • . _ .. !�- n�� ar w�a s�+asw. � w�c �u;� ot m� �e�e �y �a.,n e� a�a m�h � P«ro� ot r�a m.�u;� ,na �r ��y;� �-: -. -.-, mo .�woa a�t'� ,oa �aoaaoq. or m� i� Fea�t �s+�. w a�t��;oo•�oe, .�nKe t,� �,��waa by r�s� wo�. � a�a� n� � acy ,�a m� �!`• .' •=: appGeaoGlot aaa yar Gom the date of iuu�ox af t6� SEPA 1hrvLotd detammatiodb' "Ibe wetl�nd'de!'mntion npoR sLaU ioeJude tbe fdlowint: seeaal site daaiptioo, �P �'+oL � w� �ry(s) +� P� �a. �Uie+Wted�butra �ab�cics. mdhodololia used, dw0od 'de�criptioos of t6e �o5s. vetotatiaa• aad Lydtolopr. and viswl wcvey of aay ofF sirc eanti=uoua �vetlaods or butFets. ' a�LT.��. `I.. : �f�•�:. -: ' ' •�..�. . ....a� � �... - _ 'i 4 � �� . ...i�..�.. . .•.�_ � . _. :_s, .. _. ...+ • WdUfld GtfClOfld. - � r . :tK ` ac� �• •� S t� �� 1: WetLwde nata Ihm 2 xiet ia size L lurint 40-60 % opea�wata i� dispersed pateLes ait6 2 or mote eLasacs of vetwtioo. OR wdlaods pester . •. 16an 10 aata ia sIu aad haviot three �rdlaod e1vu� (one of ahieh is opea waterl. OR aetlwda aith boes ot feas. OR weWnds with the doa�meated pncuox of aod/or eritieal 6abitu for eadso=aed� Wreataned or prioriry spxiu. - , . L._ 't:. ;s,�•. - _. . _ :t .. . _ ... ... .. .. . . . • . b. Gtetory 2: WeUaods =reatet tluo 1 aete m sixe, OR �rdl�nds ksa ttiw 1 aae aad haviqt thrce wctL�ad eLvxs. OR wdlaada less t6an 1 aete aad havio= a i:::. •:. -•"*x� ' foesrted watland'elau;'OR wetlands wit6 he�oo rookerics ot rapwr outmt sites. � . -- �. _. - . ..�: . � ' .-... • � -r� . . � .. ' a C,atetory 3: We.tlanda Iw than I xte m airt th�t have 2 or fcwcr wetliod elatset. � . a.• .�.. � �^4 t'�.::.>. . � ..M: v:. , . �:x•. v.. ...� . . .._... . _ . . . ... . • • . . • . . . . . _.. • Rerulated�Aetiritia. No es�ulated'xtiviry u�alloaod 'm a wetiv�d or iti butfet without firu obuinin� approval frocn Yublie Worke. Rcxulatcd activitiu ue my o( tbe followio= ahieh oeeur ia a weAand or its butfa. . ..� .. , .. , a• Fvthwork of any kind. ' ' ' . b. D'umtbaoee o( aatet Icvd or watu tabk. . �• Dmmt of pilc+. d- Pluin= of obswctiau. •� �- ' Coostruetioa/dcmolitian worlc o( any swcarc. f. Duwetion ot alteratioa of wcUand vicedation through cicar'v�y. harvuting, aAading, bumint or plantine. t• ConsWCtioa of eaxntial publie infnsweare. h. Aclivitiu �tut inVOducc pollunna ot aitn�cant chan�n tn watcr qu�liry or quanury. _ �e� - - _ _.. . . . - :r --- — . . _, _ ::}; . . . . i:,� .. . . � �.. •': w . , . . . . '+ : �� .��.: ..-.� . ..� .; , .. . -'r' -, '*;� �: : ' ", •'".' . .; _-. . ..;:. . 'r: . :. . . . :.� ` ' • v':: -<'� {': • "• {•:. .�� . . '.r y ' ' S. '�°` Atloaved Aewn;es.• T]a toWwiot aetivitiu .hatl ba atlorvod in •�veWnd a aalaad bnfkr aithout prior approvaI trom YubGe Woilcs a.loot u Wcy are ca p�oh�bned ... by otha taw� .od do not �onvcrt oe wbjoet s �ralmd cc ivetland bufCa w a uae w whrch it wru nd pmriousy subjectod; , :l . • .. � �A• ' . . � .�� w.� . . .,�,,,�{�,.. . � .�, rT "S ' L COOlCtY�llpp/�yltip4 aCZtVA1Ct. . �: -:'�� .�. �yy. .. . .�'w...:: ' .. _. . • . .- --'b. - - - Oufdooc tna�ation, - ° a t -' . _. r._ .._�. . .. •'<"•.� _. . ..._ _. � , . . � -- � . �. _._.. . . e. Hwatm� ot.v�e «ops� pmv;aoa w.c oa ovmL oC aoil. pleatice cc «opa. or anr ,8«u;ao of ine.vetl.ne uko pt.x. .... .. __. ... . . � �L +� oo-taot � aetivdiei.; _ . • °� Repait md mamteo�000 (not oon�treetioql of d+khe+. '`. _ �L ' F.due+tioa. �eicaoo ot ttie we of a�aKe tn�t.# ' �. ' a. •� •.. � .�a � • '!• !, . • •: . • • .j � • � '�f• PS�ecmeat oC oavi�atioo aidf ot bouodtry m�lOe�a. l's , : ;�%T �'�„ % ;��`�'.:: ' . � � : ;, h. Site invatet�tive aoilC aaesurp tac lmd me wbmivais. +s ioo= aa disw�bed uw no �mo�iakly rest000d. . � - '�c:; �. "'�' : •.;.;�-:: , � ' :�. . ��y , . 6. :•�: Reauirod No6call'cmoorarv Plnareaea A aw: :,,.�-�,,.foro►mr Aetivitia . ' . � �rr.b�a�.. SOma ��L��•.� _�.•. �: ,:. .. • .�•�_ _ • :: .,:: :'3?isc�zz:.•• .•� �f:*-. :s. .. :.yt7d'r.r � .s: �. . ► ti�.,o•o :: :.s= . `7t`� . ' � a ,. e . t� � vi , ties'ua a1lo�rat�ritfiin-�rdlmds pioridod �rtiaen notieo at laat 10 drysJprioc b tha aet�iqr i� siven to Yub1'ie�Wats aod f�t �nhubod atras ne � 7 • r�`� ' 3 « � � .r�Ar�� fQYlf��6.�11�4� AI�� W'�'dIC7 � !0�(iAtYCqqO.. �tLdOCi LO�,IOC{Ildb �Ct TO 1�16 CbtpCkt' ' � : . . � � T�. � � ... .. b• � +�PP�'+b � r.�' •'.- ta000d ' foc ' immmeot ••�!o �a, a ` . ar�nc:u:s ,. ^.xc i�'a:'1: :'•.'. ,*r 4�5�13:�"V r: : :� � .� . s � :t} P�� +�. �+�feb oc t�6�e car6aomeat. In wch wca. ralocation aLV! bo �ompktod �vithin gp ; t c�s+gw � t �'� ��kr�So x^.r :aUlsr�:* , �. .,sgo,r. : iadb`v5}k� +a.-_ :u +e S?,�i c r� ':: •-! �l�.�! k •.." a+f,�+ l+4as.wao 't.' s��,:..Aaao-.eaoC -�,rooe�r6iehauLwfut�vbea c �` :: asso a.�.� a� r' ii�y�f_' �: •� aot 1)'sspaodod or eLsapod;�in+mp' �ng' altetJ�malElh,.1993 �� aot iu o o o f a t m i q; � i n h I W C 1 1'. 0�. ; S 1 � c h a a i v i t y� b e, o a � o t i o u o d a o t y. a l m s as rt is �� '�� atEer Jwe LE. 1993 OR � dam�ad � �,,,.�.. � ,t � � as to aereuo tl o[ iis sooeoofo�mity OR ?� foc 22� mootlu � ' . •- : .'i ` �:. : :.:- � r ..� ,�,..s,; _ . _ • �""� �• ��.DApo'b�:.• . .rx . �C�'�.* 'r•: �'-•: • -`rtsl:� 'R�:Ss• ':.a.abc a'Ji�• i,sy,►;r ,' ib' � 7. Qexrai Reaouemecb. �Foral! �ratmd ' .. . : = • . . .,�,•. ,�• . � • ' '.' • • ':' j� w�4oda and baR OR iftha hP �• Y�nVtod +�uvay m a�retlwd or aeeLod bidfa �h.ri be appivv�d ody it t6a aairity ardds adv�a�o � to �; : aa. appGaatdemon�ltaea �advctao impaets ate bdh aoivoidablemd 000arary aod ttraupptaQtia�_oompensyory mialition�av7i bo pt�widod ;} � :: f . aod tfiat We aetiviq �nll sault in ao aet bei o(�valaod aia, taoetion o� vaiiw � r,� ; . • .. - • • . %�'. .: -r. . �:r • ;±'a`• :.. • •�r . � rV � � � ` '•3. :�% � ::� •.. � � .+.• , '>�. . :,;�' : �• : • ., ' �.°; . ,.: : . = . :. ;�: . . � i� :....�., -:•-. . •� :7 ' . �.Care�ary ' ma�:be,m�d fotwNhtas in Lai olmiti�atioa. Providodfca aca d'uoded tarud a��aty avnod �`•{ + �-5.'� �� ID1t�lOR btO1C. MiClCafiO4 roCS f� b6 �ts6CQ b)I Pubrie_Wo[�Ci.on a CL16�by w0 bas{L.. ��. r' L�: , • ` . N : ' :;_:�,.. • . :••: _. _: _ ..� �ri.:...�.d.. �_�,. ' .•' � � • - �.C:.;•.::�5 Sf1@�ri : y, �� • . ,r. ��E�'j +�1� < IO,QOIO sgrwnfac Pamtltod �vithout spoci['u apPt+aal n lo� +s •��'s,q�>':::ra:i . ..•�r a�� ', . tr_i:: � ' .+t�Ct'� • ' ` :.. • ' ' Loacver. is mN�od- �. • . ,'.� : . : �.." ,� ° � - "'v. �PP�P�+ �ssry �qation isPm'vided- Aa+PP�vvcd miBCaticn Plao. ': .-- ,ip . z•: ',�`.• :.�.. :'4�,.• .' aZ: •-- _�.: . . �'.' , x v:: • .c... :,. �t.•... � . . .. . " . �: -'��f`-. - .: , ,, �i 1�� ..�jtry•� : �"�� :i � . � .y �� ,/ �Y 2 r.IT��.'j� ! ., 1 a�XOn.'�1��F+��4t�.�:2�+ �� '- � -:: " . '�i�'L,.�4-'��'J.^�r"'irJ"'r•:�"'G"'�^'��.7b1��bG'�OL� �C"'�A�kn' 1 Yt:-'.-::..�t� ^ '�7;:-�.: y��: �. ., .. e r - ��CiCl�CiO: � . � _� { � . ;� �e;.. - . �r . . . .�� -� b. 1�1iL.166 �ICC Ii �4t�VCl�i�6 �GQ� � Ibit . i • • ;�` ' '�i ' : ' .. �^�.. • J � y �:�iT . �� + • - , ' .� . '�'�L_W ":.,�..'' +��/�`_•�?� �!��j��•�7� {��'J'��5`w".:�r,. � � !�� `, � y L �N � '�'.'„••j� `v yC J •� • , � .'L._ • wiF�t, �W�p�1J0{rL'Q�.aQ��s�r(��}3i7aWDlG��YR�..�[� ''� b- � . A cod�+ctioa � tha seope•af the piojoet x altimaaative � m,ic Rrould � x.bnt[a tv�ll aotacoomp�tbo basic pucpcaa, ,. - �..�� c: A �vetleod miti�atian plm.a�ba , ' • • . - '�',--• . .,._ •. • � � � . - -: =3�i � .: :_ . . �.: . r� - ,. • _;, �'I�►�t .s�i: �. ssC 's:a�,�� _:. ss�,gCTo�: 'fi.•.:: s.. ,:,� , t . � . :. . �.,�Sa � .�'.; .� � : i.:: �y : . •'. `.3`` �a�- i a� , :7?�,:•'.. ��c E: :-•,� Bnfl''rn/Set-baets. � Wctland bu(ta mxa a6aII be ioqua+od•fataII te,tulatod aetivitia �d ceuioed 'm t6dr nanaal stata n mue6 ts poQSble..Any �rctlmd etrated oceahsneod ", `_ .�- : '::_+s �sSWn fac approved wdlaadamaations �hall abo mel�de Ihe xsodard Mdfa required for the atqory of tLa a+eated oc ea6anced �rdLod. F�La000d.buffas mry � -,�: . be wed to utisfy Lmd�eapiaS roquic�ea� �vLao YnbGe Wo�s daammea thu t6e eaLeaeed bnfiervn'II p�vvide tiater proteetion of wretlaad fimaions. .A mini�um buffa . vridth of 2T toa shalt be maiataioed, if bntfa aventiot°n cmployod.. ihe�inim� b�u7d'� ae�baek fcom acy �vetlaod 6u[fa is 15_foet. The mm�v,m butfa mx widths : . , rur c.aretory 1. 2,na s .vetL�na:.�e loo. so,na u roe� tap«tive}y. - : .�: =- . • . . . :,- � _--�-. ' •'� ' '•- :r� �riCa late �x=: xi:< qe L:..Z�:: ,. �- xhr .:s.e��: �`tr»ti: r: :r �isS.::>,•; . •:. ; eS'sz �c.:•. � � •. • •' i �, .. .��,i;, ' 9 !� Yi'� W dlmd M�tieatioo„ �retlmd fdl ProJata:�eqOiee+m !PP�� m+�P��Ptaa t6at ia 000ai�teat.with Ihe miti�ation mmdacds u oW'mod 'm KOC 11.R5: �La soal beL'md :' � :v:• •.+x:: alequicio� the appGemt to eoyato in th4 aration ot eah�oamcat oC wetLwds and bulTas to otCxLtbe.' of ' . mc •ri:::��•ot hmetion. • In teoeta�. oo-�te md in-kind n � ��d aetivities is.ao net laas of wctland aersaee. value °� F�'�� .oP� shall be �eqiewed on a eaxrb�!�eue b�sis.. . ). , "_r: .. • .'av��-.r,:•�s:;;g.: .a �y � ' .•;:'. '" . � • ., : cx.��.r a!- ' _ ' ° +9'� �Plaam�at aad eahaoxmeat sia: • ' �e +ooGamt � auke evm e(PoR to orwide forthe �omektion of eomneiesatia� erior w�etlmid de�tmetion �rhere m�ebcabia tat+os ace u fdlowt ::�,i. : • • . . ' F� - - . . �� .rYtt,r _ ».:..'�fEY ' . .I ',•.' ' :� :� ��: �a�. r ,«�,�ar e,� �, �, ,e 3:i: oR � �► �.c� i :l aad eohaoee•existmt wqaJ' 2or 3 �re0aods at 3:1 : c,�aar i � �e.0 �c � . _ ..s-_t!t ea6�o�ood. .... .�r.p:.r !'.. . ri�jcai iL:.: :l.r. ;.r � - . -r .. . . Yt:r :�.... �a. :s3i:. Lat.. . •J �r:-+. ... . . ti ''i Ia... Ci'i'l•.� 'otr,-? • Sxr_»-ay �r.a'-- 7�,. .:r�tvt��+xr'°. C�u;ory 2 and 3 wrrlaed:: Gsate aew adLmds u 15:1; OR ereate oew wroUanda u 1:1 and eaLmee exis� �retfaods at 1:1. ..: ' . +�..•�.:� :s¢ yt:_ : a: • a;�;;.. . � ..a.�ra';::w v_.�, • . ��. : • . ' .. . :. . . afiOG '(]� �:x{ ::n ..� •K+:e te �: . �.1 .�ry,�^ ... _�: Y'. .: r: r :�: --•� =• � � ' �►s �: e�cr eaeounsa .oa m.r t,e7'n.e� m� o�a� at;�� c� ��1«� a mu;e.c;m b�t� w -• .. ,. piwida far mae etFieicnt aad beaefxial , ea�ation for wdlmd impads. C.oahet PubGe Wotta !or mas enformaGoa. . - � :.+ t: �.a? _ - ! �,�{. — • . _. . �, .• '� . • • 1rG�+Latioa PLms: h�ititatioa pl+ma �hal( oonuiu �he followios at�a mm�wa baaelioe mfotmatioa CmeWd'ms !�rc+t�+. �?a of existm= weU+md md pcopoxd CJl aad -��+ �. P�� Y �+�s. etc.) Lwls aod objKti„c�. perfo�maoce shadatdi W be tuod, ddailod. oonst�uetion plaas. mooilorin= PrePtam. puformwce boad 'mtamatioo, md eontioS�Y Plm. Caatxt PubGc Wafn toc maee mformation. ... •: - . :.ti � . ' z t0. �f�� p�� m �� tioa, and impoaitioa of eiv�7 peaalda foc violatiooa of KCC l 1.n5 ahall.be u spoeified 'm KCC lS.IQ (7,00ios l'-udc). . ., ; t.. � v0'I� 'I�Q,y gUMMnRY IS WI'FNDF� ONLY AS A SYNOPSLS OF INFORMATION. Mlp NOTAS A SUBSRTUTE FOR COUES, REOUIaTIONS OA PROFSSSlONAL SFJtNICFS. CONTACi PUHUC WORKS FOR MORE INFORMA170N. ,,.. � � � . b�YYi AN n� Q A RX-- N 13.16.030 (51) "Urban growth" means growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the prima.ry use of such land for the production of food, other agriculture products, or fiber, or the e:xtrac- tion 'of mineral resources. When allowed to spread over -wide areas, urban growth typically requires urban goverr.- mental services.� "Characterized by urban giowth" refers to land having urban growth�located on it�, or to land located �in.relationship to an area•with urban growth on it to be appr.opriate for urban growth. � • . (52) �""" �means an area,inundated or,saturated : by ground or sur ace water at a frequency and duratian� sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted = for life in saturated soil conditions. Wetlands genera?ly . ir�clude swamps, marshes, bogs, and� similar areas [Army • Corps ,of Engineers Regulation 33 CFR 328.3 (c) ]. �„'�� ' ��+��'�'�"� � hose artificial wetlands intentionally ' - � c� a rom�nonwetland sites, including, but not limi.ted _ •to irrigation and drainage ditches, grass-lined swales, .•canals,. detention/retention facilities, wastewater treat- ment facilities, farm ponds, and.landscape �menities. .However, wetlands shall include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of_the wetlands. To differentiate between levels of wetland protection and.the application of development standards, et�.ands are rated as•follows: (A) � � �""��''�` �c�' is wetland meeting any .,.�. ;. _,,;= .��..,.._:�- of the follov3ing criteria: . (i) Any wetland meeting the criteria for�either the �1 rating or �2 rating in the iK�'+�ounty.;,tqletlan 'c�:.h�a."; ��?`.ei�Cory�-�s�9�3 % . � . • (ii) Any wetland that shows significantly . changed conditions since being inventoried or any unin- ventoried wetland�which meets any on�e of the following criteria: ' ' � a. Wetlands having flora or fauna species, . and/or outstanding potential for habitat for those species, listed by the=federal government or state of Washington as endangered, threatened, sensitive,-special concern, or monitored, . ' � b. Wetlarids.,. or collection of wetlands with- " in the stream corridor, equal to greater than one acre in : size having one or more wetland classes, - c. Wetlands, or collection of wetlands with- in the stream corridor, of any size having three or more ` wetland classes. ' - B�,�� :. '� "" �ant..'�'". is a wetland meeting any . of the f��L�wing cr`�iCeri�� . . � 186-41 (Normandy Park 6/92) .� :� � 13.16.040 (i) Any wetland meeting the criteria for either the #3 rating in the 3 K�:ri�'.�Countjr�'�Wetlarid;��v.en�� '`": 4.�,�=8:� or � (ii)� Any wetland that shows significantly� changed conditions since being inventoried or any uninven- toried wetland, or collection of wetlands within the stream corridor, which:is less than one acre in size having,two or . �ewer wetland classes. ��(Ord. 546 §3, 1992). ' ' " � 13.16.U40 •General�recruirements. (a) Applicability. All development•proposals in environmentally sensiti�e areas, whether public or private, shall comply with the requirements and purposes of this chapter. Responsibility for enforcement of this chapter shall rest with the city manager or his designee. Fo'r the purposes.of this chapter, development proposals include proposals which requir'e any of the following: . . - Building permit; land clearing, grading, or filling permit; shorelirie substantial development permit;�shoreline variance; shoreline conditional use permit; s�ioreline envi- ronmental redesignation; conditiona�. permit; unclassi= fied use permit; variance; zone reclassification; planned resideritial development; subdivision; short subdivision; any required approvals; lot line adjustments; and any sub- sequently adopted penti.ts not expressly exempted from this chapter. � (b) Special Studies Required. When an applicant submits an application for any development proposal the application shall indicate whether any environmentally sensitive areas as designated by Normandy park's environ- mentally sensitive area map folio are located on the site. The city manager or designee shall visit the subject prop- erty and review the information submitted by the applicant along with any other available information. If the city inanager or designee determines that sufficient environmen- tal information to evaluate a.proposal is not available, the city manager or designee shall notify the applicant that special environmental studies are required. Special � environmental studies shall include a comprehensive�site inventory and analysis; a discussion of potential impacts : from the proposed development, and specific technological measures designed to mitigate any potential adverse: envi ronmental impacts of the applicant's proposal, on- and off= site. 'i'he city manager or designee shall develop and main- tain a detailed list of required study contents. All spe- cial studies shall be funded by the appl�icant and conducted to the requirements of the city. (c) Appeals. � (1) Any fina�l decision of the city manager or his designee in the administration of.this chapter may be ap- pealed to the city council. Such appeal must be filed with _-r„. +�� ,;,r �'� }� • �V� � � � 186-42 (Normandy Park 6/92) � -. �...vwthnl�.�lnnn�. •. .._�... �_ .� ." "' _' _' 13.16. (A) Significant streams with salmonids--one � hundred-foot buffer; salmonids : (B) � Significant stre�ms without . fifty-foot buffer; � • � (C) Important streams--twenty-five-.foot buffer.; � � (D)� Any s�ream restored, relocated, or Qnhanced because of alterations shall have at least the minimum . buffer required for the category of stream involved; : (E). All buffers shall be measured from.the ordinary Yiigh water mar�c as identified in the field or, it � that cannot be determined, from the top of the bank. • � ��.�:�»�.�'ie�ia�i� The following buffers of native vegetation measured from the wetland edge, minimum require- ments : - � �'.�ecl�`�at (A) Significant wetlands-��. �e:� . . buffer; . � . "�•'� ' ° rfoot buff- � _ � __ ' (B) Important wetlands-�� -�� - '� er; � � (C) Any wetland restored, relocated, replaced or enhanced because of alterations shall have at least the minimum buffer required for the categnry of the wetland . - � involved; (D) Any wetland adjacent to a stream shall have the buffer which applies to the stream unless the wetland � buffer requirements are more expansive. (3) Additional Buffers. The city manager or -� designee may require either enha�cement of vegetation to achieve the purposes of this chapter or increased buffer sizes as necessary to protect wetlands, fish habitat, and streams when�either is particularly sensitive to distur- bance, in a critical watershed as determined by an offi- cially authorized and adopted study or program, or the " development poses unusual impacts. In'cases where addi- . tional buffers are not feasible, the city manager.or designee may require.the applicant to.undertake alternative on-site or off-site mitigation measures, including but not limited to a.financial contribution to projects or programs which seek to improve environmental quality within •the same watershed. • . (b) Bluff, Ravine Sidewall and Landslide Hazard ?�„rea � Buffers. If'a hillside is located on or adjacent;to a development proposal site, all activities on the site shall be in compliance with the following requ�rements and re- strictions. (1) Ravine Sidewall and Bluff Buffers. A minimum � fifty-foot undisturbed buffer of native vegetation shall be established from the toe of all ravine sidewalls and bluffs, and a minimum of fifty feet from the top. (2) Buffer Reduction. The.minimum buffer may be reduced only when the following conditions are demonstrated to trie city manager or designee: � 186-47 (Normandy Park 6/92) � ' ', - .[8699..'ON Y2I/YZ] iZ =Z.T � 3lLL L6/SZ/iT Novctttbcr 25, 199? To: Federal Way Planning Commission From: Donald $. i,arg�n, qICp Planning ConsuItant �'�� : � . • � Sens itive Areas Amendmcnts Tt►e Planning Commission roquest,cd at the last me�ting that we address sevetal specific is.tivac rclutive to the proposcd sensitive azea regaiatioa amendments. Modificarions have bccn made ta re.SPnnd to (he commission's t�equast, Tha effected nctions•of the City code arc prescnted bclow by subjcct in an undedine (new itcros �n the codc) and str�ce through tdeleted items) focmat to shaw how thcy woutd appear in the code. we have attached the existing wetland regulations in Appendix A so tfie commission may see how those rcgulacory iterns fit together. The modifications aze summarizai as gaDows: r � A new clause (c) def�ing and excluding active drainage facilitics frorti the wetland . regu(ations has been added to Scc. 22-1356 Determination of wedand and regulated wedand. This h�ts bcen based on a staff interpretadon issvcd in 1996. Notc that Sec. 22-1356 is th� seceion of the City's code th�t specifies tha informa�ion roquired for reviow of a wed�ncl site. �'i'he proposcd wedand definidon remains the same as in our prcvious discussions. • 1'wo clluscs have been addcd to the proposed reduceci buffer provisions with criceria to a11ow for buffer reductions in cases of significandy aitcred wetIands and for singlc residential Iots platted prior to che City's incorporation. • We havc split the buffer size requir�ments for Category III weflands. such �hat those greater than l0,000 square feet wilI have a 50' buffer, aad those less than I0,000 sqnar� feet would receive a 25' buFfer. + A inodification has bcen madc to the existing r�xsonable use pc�ovisions to allow for a Pmccss I review for single residential lou platted prior co the City's incorporation. � A modification has becn made to the stream rehabilitadon provisions to allow for intrusions into sccep slopes and associa�ed setbacks. � -------��----------------....... wE�s CHArrE2 22 AR'fiCLS I. GENL•RALLY Scc. 22-1. Definitions Regtrlated we�l��.t�J�• shall mean Ihosc uea.� r ter lha� 2 5(� . � Cac( in area tS�1� 1rc inundated ��r s:uurieed by sutface or gcnundwatec at a fctiqueney and ducaeion su�cient to suppore, and thnc � �� F r� � r an i i a-c�-nn�� • ' [8699 ON Y2I/YZ] TZ=ZT 3lLL L6/SZ/TT . . .. . •. unJc;r nocrrutl circum.ctaqces do support, a pc�cwrlence of �egetatioa typically ada�►tzd to for liCc in �atu�atCd soil condiGvns, Weclands genunlly includc swamps mnrshcs. bogs. and simi(ac arCas, with thc exccpuon of the following a�+eac show-n ia the King County Wcdas�ds Inventory I�Io�cbook� Volnmc 3 South: (1) Lowcr Png�t Sound Beach: (2) C.oW+cc Pug�t Sound 1 and Sl; and (3) Ac+c��w dcCu►td as a rcguiated lukc, Mcl6odnlo�y ia the - �� . +K�e�ebseqeent�elke�S�Ees�y.0 L�[tu+c11 1997 We.dtinehm Stx►te Wrsl�d Identificatinn s x� Dalinc�tion Manu i eoutmcnt ot F�ies�v pubircnuon �46A4) as sclpulatcd in �IAC 1T3-2?,080 w�l bc uscd for r�sulatory dclineations oF w�edands within che Gty- Aithough a sice specifc wctlsnd may noc meet the crit�ria descxt'bed abpve� il will be can.ddettxl a c�agutatad wzctand if ic is faactIonally related oo attot6ex wWaad [hat mRxts the criterie, A[tTtct.� XN �ortHt�rrrnu.Y S�rrsrrlv� ARE�s DIVISION 7. RE(}i7r,qTEp y�IgTLANpS — Sec. �2-1356. Dctermination of wetiaad and reguiated �etland, ..._ t�� n►� ,{nrt�,�� ki�cilitus Sarfx� w:ite� ponJt dr�inaee ditches �d otl�r such f,cilisi�s which wc d�sienal to � und .00nva vv�tcc r se are 'dcc+cd ra Tar lands pnsl�this art;cic nrovidcd c.v m�t[ ari of the foflewin� �t�� !I 1 Th� �irninl¢o facililv mast ha�►e b�en inteationaliv hL an cl+eated Thic IS [O differentixec fm�n �hc� wetland sitcs tMac are axidental eontc�ouenxs of devclo ant _'oas. such as roa sxmsnvuion or cnlvcrt �Ilcement SLCIt S�iICS mav ��ta�j �p�a� �y�IApds Uy [he Ji�cct t u on a rcvicw of he xolo ical functi and valucs of che ' Th` d rxina� facilitv mucr hlve boen oriQinallv oonsmicted on n�ands (non-wctland �rensZ th SIr1i� facilitv is lc�caced within s ctraiahten�ehannei'a�ed. or��lcrwise disturbcd nntursl wa�crcource_ �t may be eooside a rc u�lat wetlani bY tha direcGnr npnn rcvicw of lltc ccatosic;��funuions and v�lucs af the sita (3) 1'(�c facility mu.,�T be activcly or�eratec{ s�s for utc as a nu fnc� Waterdram Abandtmed drain�Qe fAC�iGcs may be cenc�d�� *..�lued wer�;�� the dI �•�r �. a rc��cw of thc ecolo �cxl fi�nctions 9nd values of thc �it� � W t �n�j cnnJilinns have not cxp�ndcd bcvond thc originxily ccm ,ct�cd dr.iinaec faci(itv un • _ Tn Suc:l� R case the e)cpAnclCd ncca maY_�_co��etcx] a reQtfla[ed weUand by d� direct�r unc�n rcview of th� u�ic��l funccions and va[aes of che site ($) The dminnee faeilitv wac_ not desiencd or concttucttd as a rcquirem�nr rA mitiRrte ��v�ous wctIa4�! _m� . [61 Th� dirccm� G�ds thnc fimited ccolo icAt fu�ctions nnd vah �o rtoC wam+ n,�J�nlicatinn of ihc Citv's wctt:tnd c+�eulations. • Scc. 22-1357. Srtxn�cl��es,$. Wctland c[s�csiGcntion.s aod standard 6utfers �� WcNandx mec�in ihe dcfinition in rticic I Chn�Se�22 are d�c.cified into ihc tollowi� calc �or'cs; 2 � � � EO 'd . . . R [ : 7. [ �(1.1. J R-�7.-A(1N �`' [8699 OAI Y'2i/Y.L] TZ=ZT� 3I1.L L6/Sl/TT . � � ! t.� . ._� {� _ ��.� �t .t � . i t_«.� : � � n �! � i � 1 � � . � � 5� �� t � � :�,� �,�.n �1..! - 1 � ts i- .�c r�;! � t • �. .i i i i tf`f.t� l �� 1 ' • f! lh: �}�� _. t ! � 1► I '� � �11 1 1 � •. f II � �11.�fM � rl ' 1� t i �. � i_�. � • ;•. . • � � � 1►:t t-�t, �.hn_r►�i e i�i�� . � • �. . • . ! f :tir.. � i •. �.�• ,t v J. � t • ��_ ! . � ' �__t i � lii ti! 7 �� ] 1 .�� ---' M' �•• ' � f � Dt 1! �_Sl �1t^7 4 ' '�1.� LS�JII.� . 7. ! l ! :1 •- lC_'. �] :�l1 }.y, 1 1 �.J � � � � �l �� 1 l�. � } 1 1 i �w Ijl � �.�� S� 1.1�^L '.l. �1 I �� S f (_ �ll 41�+ �1 �,ai� �� • ► 5K 4 '_'1� � • 1��. . l_ � _7� 1 ..r 7 .� . �. � 1. i� �.l�l tl.►_. f i. t U �yJ L� M _ L T I _.! I�j ' 1� � ti �• {� � l�� 1 �1 � Si� ! f 1 �It \ i �i•1LL ��i • te t_ t r�•�� . �. i. i.d .� �: 1.iK•. i� 1 �� 1 ' t � f'!.l 71. t ��11 l�� t �. \ 7�'}� t�.1 1 ./l_ ••�a _• 1 �l: S ?i l l�:\ 1�� l i l .�� J tl.Ll .♦ � la� 7. .L I l h iT � �� J 1�J! . 1 1 t%_ u �� {� i ..f !1 i! _u� � �.�L ►< l � l� �J� !• .1 .1�. !.y • � ` 1 � � (ti). S�i�ci�►rd ht�Ffer widths for rC�latcd we lands ane extebli�hed aa f�ilears• ! I 1 C:,cr►ocv i weetands shali havo n standaid huftrr vhdth of 200 fc � f2) C;ttc¢orv fi wc�lands stud� havc � standa�d hnffer width of 100 fcct,. (�) CpteYC�rv iiI weOanSlc ahall have astnndard twffarwidth oC50 feet tarwctlande�,�hat ��r �e� n,� IO OOO S(TUAC+C CC�t in area atid ShAll haV�C a S[BndArd buffetwideh of S frw� fnr wr•r�p�d tltiat arc b�twccn 2.500 to IQ_000 sQU�rr f��s:.,'�rn ti�- Modi[ic.�tfon of standard wctlAnd buffer a 13 �,r ii vrr+rryiae. Buffierc mav he avcr�t�cd onlv when tbe sensitivc ar�ca to be bufferoJ cnnrain� h�hit�t Ivt+�:s which h �y� bc.�rn s� permsnend im pt�cted (hac reduccd buffe do not r�otic a detrim to tbc existing, �r gxL�x- tr,�bitnl functions_ �'�c anplic3nt ma�c �`IYi0Ilgtrnir tn fhr_ e�li�f+��+ .S� --- - - ......on of [hc Diroc:c�r oFC�munitv ��p,p�ncnt that thc pto�;y� buffer nvcragin� will_mcct thc following cri�uia: 1. Rccfuccci �iut�'ecs will not aftoct the vyater qualitv entarinr a wctland or st�tam: 2. I�cduced btrfFers wi11 not adve�cely - c siy,nificant habi[at aretts wilhio A sen�irive w� or nc� buffer. 3. Reducecl buffert wiU not reailt in in ble tarih eonditienc nor nr� nmeie,n h�>p� �nd 4• ��ducct! buffers will not be dctrimental te �nY othcr vublic o� nrivn�erunMies i,ncludin� chc I�cs ef o�,fi soace nr c�� y�lAS• jn no inxlnnc �-hal1 ihe buffcr width re t!odpccxl ta Ic.qs thpp �09F� of thc rcauircxi s��Qd�rcf bu(rc� width. 171s,;.lslt:tl an;n containe wit in [he buffer after aveneine �hall be ca�sl to tht arca rr.aui�ed fnr A.'!i��CS(.bS�Cfoc dimcnsions� �bl Rtrlay(i �� vfS�undu�d Wetlnnd l3r�er w%drh '11�c dioeetnr af communitv clevcloRm�,ntmav nduc� !11 '�� durcl we�ir�.+ h��ffrr .,:a.�,� v uo �0 5096 on n�pse by-ease bacic tvhere one of tl��gj�ow�n� � S�La1�.tliUns c.tn bc cl �mOns[rAt�d: � � � 3 b� '� (17.: 7. [ �fl.I. I.R-57.-n�N , . . �- . �� Y8699 ON Y2�/IGLI TZ=Zi 311Z 'L6/SZ%TT �.�1�� 1 �l 1� � 1• I L.� l�• .lY•.1�'_l� ta. 1 vlll 1.-� l�a� 7 � i1 • '.[' A � � �� \ i� �i1711 �• lL .115�'.! !L` . �(1 .S � ��^ 1.� / l� � � � � � l 'al t.11L-: ':. � � V' �� 1 I1 : � � L. • 1 .1 � L �l• - 1 : � � . l ]: � �' '.l. _ ! _ • 1.� ! Tal � L• .L^,1 _I • �� 1 � 1 f. _ S i.:'llit__li�l ! lll lI_'1 : ��. . � 1 � l. �J�:!1,71 �.i7 _ I . - I l, f." : � .]_1'1 1 1 � ��2 .' l t l : � �� r� } l � � ! ! { :. � ,! � l � 1 1 •_ . \ �• 1 t �.. l L' •7 � � f • 2K !11 -f_ JI J � • : � L'� � 1� IiS� f� � (t • } � !, ./1 ► 11 !�! _ Sll � lL � . 1 � \� • 1 � `: ��i �t\• ��i• l�'. 11 1 .1 1� � l . 1 � l� t� � ^ •�_� �! -11 !1i� �� !�1 ! _ v•J11��1f • 1 � li. • 1 ./L 1 nt � tnY � t . !� 1[1 t + � 1•�� 1. � � .f � tll!1lV � �! l!� � � .S, . � � .�. � • .� �� 1., '�� Li - �'he ditCC[c�r sh�!!_hxvo thc auti�Qri�yr_tQ detumttf� if buffcr avara _is �vett�tnlod nn thc uub,ie �y to obcain acldiciona! buf�er are� on other vorcions of the p,gimu�cr of the �nciu�r s,r,r� irZ1Ju11"rr hierrr�ses �1C d]TCGta' S�1.1�] r0Ol.lit+G inerrv� pn{ry n nM Y ee�nciteve �rn* M�f�fe�� wiArhe rJn A Cp1Cc; hv cnsc basts wl�an chc directca- dererm eae that a lar�r buffer is necs}��,y„�tn protecc enU►'rs�nmentaliv se ' ve a'1�tL(,�1Lc�es. Kaivcs or har�rc)s ba.cc� cro sico snectfic conJ'tio�. Th� dcxcrmirustien shnit bo suno�rc� hv �tntmnnnmc documcnt�+tlon sfiowing that _a_�i�t�h�„ai huffer width i� �n_erN±Al �*�ar�t to o,rotcction nf cpvit+� tLms�n_lntiv scnsitivc area fvncdoas and vxluas. or�g�Q�f oubllc hcallh ssfctv and w,�! cC Suc detcrmination �hall be attsched ns ocrmic cenditions. The dotermiru►tion ahall demonstrc�te thae ai lo�sc ona ot �,J'Qllo�ving fACtors are mr.c l. �i erc is habitat for state or Cedcra�, lixted snecies ec+esent within the �en.a prea t�ncUvr its buffc�r, anct nciditional buffcr is ac.ccssary_�Q maint�in viablc functionat hahitat: � • Z. 'i�coc ut�c cc�ndit�ens orfet�tuccs adjxccnl to the Mt�c�: Such es stCCO slooGC orcrosi� �� rd ;►M.t1s. which nvcr nme mav eose nn ndditionxl lhrcat ro the viabitl�y_pf the bnfl'cr and/er thc <eneitive n In sueh cicrumctaneae the Citv ma�choate tc� im�g.� tltoRC httJ'Ccrs. it xm�. ��ted with the conditien �r fen�nre n9sine Qtc thrcat i� additien te or to a maximum bey�nd the bu�c�uircd for the subjece sensicive area. STREAMS Ct 22 AR I'ICLE L GENERALLY Sec. 2�-1. Dcfinipons S�rca.n stiull mean a coucse oc route. formed by natuc+c. including those which have been modified by mna� aacl genet�nlly c�nxisting af a chatfne( with a lse�, banks or sides thtoaghout sabstsn6a11y oU its ir.ngth. atong which xurfa�ce w��ets nacurally und normatly fiow tn dcaining feam higher co lowec clevatio�s. A stma�m nced noe c�nt:�in watcr venr round. In et dcvcloeine setdn¢ e[['CAms mxv nm in cu(verts Oc ero chenneled ln a concrctc. li+s%�CSLtolttcr ariificiat cc��vevnnce sYStcros This definitioa 15 noI mcant to inciude i�atlon diLchcs c�q�(�, surfaee water ruhq,�jACiiities or other arcificial wetc�cwree.a uniess used bY a]ocal or mignrnrv frh oanntacien er w�� c�nstrueced co convqy sueams which exi�ted prior to construction of che watereoursc Merjurrrrrurrc .rha[( mean any stresm. and the [ributarics to uny �treum, wi�ich con[ainx or suppocu, or undcc nvnnitt circumscances eo�ltains or supporu local or inigcaa�ry fi�h pojwtadon. �f Ihc� cxitt� a nntt�rst[ oc:rmnn�nr l� Ica:kaKc nn the strenm course whiCh nreclud tlu uoslrcnm movemen4of anadromous fsh. d�en thz� �K��n of U� •< •Liu Which is clownxcrcam pC thc natura! ocrmantnt blocka¢c shall �F„�eQUlutcd as a maier <trct��n. Gn •., oz : 7. [ 3fl.l. 1_6-SZ-I10N � � � (b)_ An :�plicant mAy apply fcn a modifieatioa or waiver of the tovisions of this article ttsin Cxccot thn�„r�� foc oroi e �� p g P�S �; in lc famitv r�sid .nri�t Iots plaltccl prior lo ic incorrorgtian of thc Citv may �cr pcoctss I, •S ON Y2I/Y.L7 T � .. _ . . � Z-ZT 3f1.L L6/SZ/iT T��e dN�c�oc� e� coHKuri�� c�zt�� Her��. Ho�� v��sp p� � aP�'t►��+ �� l,0,�,1,�t-n � or Mo,�r�o:��, o� �'r�aM C Mq�er [8699 Muror sriu�m shul! mcan any strcam tiiat does not meet che dcfinition of Major Sueam. ARTICLE XIV. �I VIRONMENT,�I.�,Y SENSI1IvE AR�.AS DNIStON S. STRBqMs s�. �YSxY. R�i�e�o�. "Chc direccor of coauaunicY dcvcio�,r�ent may p� nequirc d�e �,,, „j,plicanc co n maiAmin a Ma or stre�t bY rcqui�g t6e removal of dovimental mataisls such ac n �i and inappropriato vegetatioa ��---`� =' =�:a„_ ,.r _...:--- --- --- �� or M��o r ��rcqM� ��, �.11� w, n ,� �� ACh.��1 � d� KQ �'��,1 - i�a� o�._ M�►�cr� A15 � � S�lc� qs �X�lS.L�f. �. �C� rl � - ----. �.... u�v scncau s1tt1 �]'j 1• itlttoR as nocC.C.�.7rv `Ch -�1 �tor maY �� an arx�licanc to r in Utc scrticac oF a9,n � S' C�, M C � 't � nrofew�cmal m r�rc�ann� the r�r�n+•�o p1an. T�csc a�pq�s ttt�y be pet.mii�� «. �w� �� thlt a eondicion detrime:,ta� to vvace� qn�y� ��ty of atneam bankx oc habltat �xis�ts. �nern� �► �� ' clo and associatod ser�� s•, ��(o� for o �r� �f aoprovcd strc�m � �cl�abr � a � ccts. �_ �►�5��-�►,�.,�, er �. �h� � a11n ��,,,� ,�� p r� o. Sc� 22-1312. Intrusiotis inco seWacks. \ - Q�"�v� -�. c.,�, �,s v �e,�A�;1:�a� : �,r� ,. " (c) Orfier inrrusiu,tf Othcc. thaA as �fi� Ja sttbscttioAS (s) snd (b) of thIs section, lhc cily may �PA�� atty requesc to loca[c aa improvenneru � et�gage in land sudace modific,�►tion within stream sctlrack arG�� only ��ough Proass 1� basod oa the folIowiag critcri� 1. Ic will aot adversely aCCcct wstcr quality, Z. It witl noc destroy nor d�tnagc a signifippi habit�►t ac+w. 3. !c wilt nnl adver.�ely �tu d�inage a,st�p�q�u, ��oa capabilities. 4• It will not Iend to unstRble e8rth oonditipt�t pp�. q�� ri�n haTands, S. It will not hc matecially detrimcnwj to aAy od�er propcny ia thc area of the subjcct pn�pcarty nor to tlte c. t�s a whole, including the Ioss of si�aificant opep spaee or scenic vist� C..E}-•• � i.e•ntirdssaty � {c+ � -ret ��e - �eva�t�e-:�bjee�c.�+rc��er�y : �Zn��aC�� 6• It is•nece,asary [o correct anY one of d�e sdverse eondiricx�s y��fied �n subsech nc f11 �� (Sl of chic c r�on ---........_.._.... Orf�[t IsSUFs AR'iICLE XN. ENVIRONMENrALLY S�iSITZVB ARFaAS DMSION 2, ADMINISTRA'TION Sec. 2Z-1244. Reasonablo use of the subject property. 9fl '.� [ Z: Z t 3(1.I. 1_6-57,-n�N [86�99 ONI• Y2i/YZ) � TZ=Zt 3ll.L L6/SZ/TT • � L1YY�VLLX H �xrs tnv� W�n REOCn�wnoNS . DNYSYON 7. REGUI.ATED WETLANDS Scc. 2�13S<. Dctcrmi�wtlon oi aodand and nguiated wetlaad. t� Gtnemlly. 'This soccioa oonains pcuoedncrs and adcccia fa doca�mining vvtuthcr an arca is defincd us a t+agulatccl wctland undcr this chapta . _ tb) �irlu�crion.lf the city dctcxmincs that a wutand may �xist oa ar wIthln 100 f�ct thc subjcct ��ty, the direGar �f commu�iry davelopmuu shall t+equire the upplicaat to submit a wettand reporc preparod by a quaIiCod pc+nfcssianal a�provcd by che ci'ty. thac Incladat tbc foIlowwg.lafocmation. T6a dircd,nr of oommunlry d�vGlopmcnt shail u� chis informatioa to duermin� if [he ar�a u a regulaeed wuland and, lf sso� che preeisa bouadaries of ctmc �+cgufatcc! wcdxnd. • (1) - (l) (�) (4) (S) ,,� `6, An vwaluatioa of thc area in question basod on the definidons iu dus chapt,er of "regulated wcsland " -An ovavicw of ihe mcWodotogy nsed w ooaduu the smdy. A dcxcription of the wedand, including a map iden[ifyiag thc cdga oC the wetWad aad plant communitias and dctailed desuipdoa of tha muftod usod to idaitify thc wotland edga The wedand clus�fic�ttion (U S. F'uh aad WildIifie Service "Classification of Wttlands and Acep Watcr Habitats ia thc U.S.'7. - A list of obscrvcd plant and wildtif� species� using both seianrifie and common names� and a dcsccipuon of chcir relative abundsace. A lisc of pot�ntial plant or a�imai species basad on signs or othor observation. � (7) An evntuadon and assessmcnt of the exisdn� or pountial functions and valuGt of che wodand ba,-ul ao thc followin� fxtocs: sucfacc watcr contro� wildlife ha�bita� pollution und crosian cantrot; groundwtuer exchang�: open space and a�sthetic wntrast; and rec�eationaI. educational and culturnl opportunities. Sca 22-1357. Sctback areas. "fhe sctbt�ck arr,a from a mgulated wedands is all land wichin 100 feet in evay diroction upland tcom the «I�e ot che rcgutatcd wcttand. � Sec. 2Z.i358� Structures. itnprovemeats and land surface modiffcations within regulated wetIands. (a) Ce�terally. No land surfA� modification may take place ancl n� sl�cuu+e or improvG�ticnt may be locatcd ia u n;gulntcd wadand cxcepcas provided in this scc�on. or p�ivq�C. r�rc� - 1a-�t►�, pnov � a,e5 .�� r rv,S�: c. At tC56' (b A+�GI+� pur� Tt�c ciry may a11ow pedesttisa accc� thrcxigh a regulaud wetland ia cwnjunction witli a public p• 'Thc �ccess, if appcovcd� macc be designed to dic maximum extent fa�sib(c co pmtccl thc werland from anY advccs effects oc impacu of che aecess•and to limic the accass to the defined access area. � (a) RrhaGtlirati�a. The director of community devclapmcnt may permit or ctiquirc the appliclnt to [+ehabilil:wtc �d maintain a regulatod wetland by removing dctrimcntnl material such as debris and innpproprlatc �e�ct;ition unt! by ccquirin� thac nativc vcgotation be planted. Thcsc actions may be requirtd at any cimc that a � � � Lo �d � ZZ � Z[ 3t1.L L6-5Z-nON ', . . • I YiI/I�LI °tZ=ZT t6%SZ/T•t - . � . ' � . .. _ . . • -• . . � . � APPSNDDC A E�sfiNG wE�nN� REGULATIONS . ---------�__.� � � ( i) Miti�a�ion plan, q mitigation plan shall iacluda ma folloaring clements: � b. c . d. c . f. K- � Environmcntal goaIs and objecavcs. Performanco scandards. D�tailcd construUioa ptaas. Timing. Monitoring program for a minimum of ftvc ycars. Concing�ncy plan, Perfarmannce bonding in sa amonnc of 120 percr.nt of the costs of implemencing each of che above elemenu. (2) Mi[igarinn. Mj«gAqon of wetlartd impacts shalt be resttict�d to cm-site cestorndon, c�rr:�tion o� cahanc:cment of in_kind wetland type which mc.��ulta in no net loss oC weda�d area, func:tinn or vatu�. Whoec fcasible. midgation mcasures shalt ba Qcsigned to impcovc the functions and vnlucs of chc impactcd wotland_ . (�) Minimu�rc acrcage replacemenr rario_ Thc following are minimum restorstion, creation or � a�nditian dctrimenwl co wacetqunlity orhnbiceitcxists. (J) Mud f ra�iur� Ot�cc than ss Speci�tod ia subscctions (b) „ (c) of this se«ioa tbo cyty councii may �PA+'��c �y �ucst to locate an improvcuxx�c ore�agc in laud wrfaoc moditx�tian within a rcgulatcd wcQand uxing prc�ee,c� I2 7'he specific loeation and ex[enl e�f the iatxusion inco the rcgulatecl wetland must eonstilute ehe • minitnwn accr�ary cACroa�chmenG Appmva( of a roquest tor ia�pmvetrients or laad st�rfacc modific�don wlthia a rcgutatcd wcdtu►d chrough procoss III shall bc based oa du following ciiteria: (1) Ic wiU noc adversciy atfecx wec�r qnnl�ty. ' .. (Z) (3) (4) (S) (6) (7) (g) (9) Ic witl aa destroy aot.damage a sigaificanc 1,abicac arca. It wi1! not advcrscly affeu dr�nag� o�. ��„a� �non capabiliacs. [t will aoc le�d to unstabie earth oondidons nor cc�at� e�sion haza��, It wi!! aot be mat:eciaily deniment�l to eny olbcrproperty ia d� � of thc subjeM Prn�ty no� a _che city As n whol� including the lau of significant opea speec or scenic vists. Ic v�n�l result in no nec loss of wedand ama, funaion or value. The projecc is in [he best inte�rst of che public he:alch. safcty or welfahe. The applicanc has demonstraccd suffia�nc scientific exputise snd sup�rvisoty e�pabi[iry to caay out tha projoc� The appGcaat is commiued to moaicoring the projoet and to mnk� corc�cuons if the project faits ta mxc projecu:d goals. (e) Requirrd iajarmatioir, qs patt ag any �qctes� unde[' ihls section. thc spplicant shall subsnit a repocc, pe�epac�cct by a qualified profossional approv�d by the city cha� ineludes che following informaao�: 2 � 80 'd � 7.7.: ? [ �fl.l. 1 R-�7.-nnN I8699 ON Y2i�Y.L1 . iZ=ZT 3fLL l8/SZ/�T ' . . • APPF.rmDC A EXISTING WLrILAND REGULATIONS ' . --�--�-�-.�._ . anhancemcat rntios for various Impacted wcllauid arc�s„ Thc first nurubcr of thc racio speciGcs thc acccagc of wetland trquiring nplacemeat and chc second spccifics thc ncreagc of wctlands . i mpactcd. a- For ac+eas with documcnted habitat foc ondangcc�od or thncatcned pianl, fixh, or anim�tl species; naturai hcritage wetland sices; t+egioaslly rare wetland ootnmuniGes wich imepinceable e�olog'�c�l fuactiora; a wedaads of ex�eepGonal Iocal significanoe cho rcplacemenc ratio s6aU ba a mini�uum of 6:1. . b. � � b. c_ d. d. For emergeae wcNands with at leau 30 percent of che snrface arca covered by crect, rooted. he�fiaoeous vegetacion as thc nppcimost vegetative strata thc rapkcxmenc cado - - sha11 bc 15:1. �. ?he repIacemwt ratio for a11 othex wodaads shall be 1?S:L Tt�c abovo rcplacomcnt ra6as may be inomascd oz dcci�ased bas�d on the following crictria: .� .� For forrsted wedands wiW at least 20 pet+cenc of the sucface arca covettxl by woody v�getatIon g�ata� thaa 20 fea in height thc mpia,oement ratio shall be a mInitnum of 3:1. For sexub-shcnb wedaads wIth al kast 30 �t of Ia surtace coveral by woocly vegetacion less ct�an 20 fcct ia haght as the nppermost strata the ecplaament rado shall bc 2:1. Probable succ�ss of the proposed mitigatioa Projecced lossos in function or valu�. F'tndings of spxiat scudies coordinaced v,lth 3�encies wlth experti�e which demnnxtrate that no nu loss of wetIand funcuon oF valuc is attainod undcr a,� aIternativo raGo. _ In no cbu shall chn minimum acrcage rcplaecmeac racio be less than 1.25:1. (�) Tinting. A1t requircd wetland midgntion impmvemen[s� execpt moni[oring, shall be compkted and scccptcd by t}1e dir�ctor oEcommunity devclopmcnt prior to bcginning activitics thst witl disturh rcgulatad wotlands, and shali bo timcd co �educe impaets to existi�g plancs ancl animals. � (5) Inspecrinrrs. T(ie appIicanc,haQ pay for services of a qusIiliod professionAl selecte.cl and retained by thc ciry to review die wcttand miugadoa cmort and ochar rolevanc informatlon. condvct p�rlodic . . inspections� issve a writtea report to the director af community development stating chae thc PmJ� complios with rtquirements of th� miagation plan, and co eonduct and r�porc co (he dit�eclot on thc stau�s of che monicoring program, Sec� Z2-1359. S�ructures, improvements and land sacfac� modihcatioa within th� setback aeeas i�om rcgulhtCd wctlt�nds_ (a) Gr.�trrully, Except us allowcd in this section, no land cui#'ace modiCc�tion may tal:e place and no a��c. or improvem�nc may be [ocat�d within the setback arca 6rom a regulacod wedand. (b) F,.rs�itrial public faciliti�s arut u1i[ity, Tf�e director of eommu��ity developmcnt m�y pem�it lhe �l�eemoul of an c;,.wcntial public facility �r utility in a setback area from a c�cgulated wetlt�nd if hc or she detcnnincs that die line or impr�vement mu�t ccFtvecse ihe setback atea bccause no f�ASiblc oc alternative Iocation ezists basecl on an an�lysis of tec:lioc�logy and syscem eff Tho specific tocacion and excea[ of [hc inlrusion inlo cht setbxek a[eA musi 3 � � � �� so •d �z : z � �n.� Ls-SZ-nou _, �••. • '• . I8699 OIZ Y2i/YZ] iZ=ZT 31LL LB/SZ/iT.... . � . .� , .. . . - - • .. . .. • . • , . �rrrr�uin c� . . ' . .�.._�__� Exrsrn�r� W�,nrm RECVLnnoNS . � cunatiW�e the minimum necessary eneroaehmont to meet the t+�quirements of thc public faci)iry or utility. (c) Muior lmprovemenr� Mino� improvr�uenrs sueh as [ex,tbridgrs, watkweys and bcnches may be loca�d wicbin Qic sctback ar�„a from a rcgu]ac�d vrctIaad if a.pp�oved �fuough procass I based oa th� fuIlowing critcria: (1) i[ will no� adv�ly �� ccr quality. (Z) (3) (4) (d) Mc�fjicatwrr. Othcr than as sperified in subseedcu�s (b) aad (c) of this sccGoa, the cicy may appcnve any roquext to locute nn ituproycaoaq,c or ea,gase in ta� surtucc modific�tion wid�in che setback acva fc+nm a roguiaced wctlaed thc+ough proccss II, bas�d on the foilowing uituia: t 1) It wil! not advasciy affocx wat�x gualiry, " � (5) Ic will not be mate,�i�]ty detrime�al to any ot�rpro�erty in the area of the subjecc property nvr tn thc cicy as a wholc. inclnd'ing the loss of significaot opea spaca or scenic visca. (2) It wil! not destroy nor damage a sigaitic�n[ habitat area. Il will aa edvectoly affea draiaage ar swnuwaca�nec«�6on capabilities. IL WIII AO[ ICBd l0 UAStSbLC C�1'Ib Cpp�ltjppS IIp�C CtCBLe C�OS�OII h�S It wi]! aot desttoy nor dsmsge a sigaifica�tt habitat s�a. (3) � Ic will na adv�rsciy atrcct dra;nage or scormwauc �taition capabt�iacs. (4) ic will noc lasd co uascsble �arch oonditions nor ereate erosion hazands. (S) It will noc be materiaily dctrimental to any otherproperly ia the arr� of nc� subja.-t pmPcny nor to thc city as a whole. inciudiag thc loss of signific�at opcn spax or sccnic vista. (6) It u acccssary for reasoaable dnveIopmetu of the subj�ct properly. � (c) Revrgctatio.i. The appGcaat shall stabilux all anas Iel1 cxposed afcer lnnd surfacc modificacion with nadvc yc;gccucion nomially associaud wich nc� s�tbsck acra. � 0I 'd 4 EZ : Z l 3(1.L L6 ../ ` . ' � , � ' , � : ` . ' . �, � " i , �. /� GY -/ "� TO: Members of the Planning Commission .� •" �� Federal Way ' FROM: ' Bob Griebenow, Economic Vitaliry Committee , , amber of Commerce � � _ ' ' DATE: Sepcember 3, 1997 . " -- The Greater Federal Way Chamber of Commerce scrongly supports a � � revision to the Environmentally Sensitive Areas ordinancxs. The lack ' ' � of definition and Aexibility in the existing ordinances has been an. ' � . obstacle to reasonable development of local commercial sites. • � � , � � � The Economic Vtaliry Committee of the Chamber has reviewed the _ Augusc 21, 1997 report written by Don Largen. We feel that che repon is a big step towards an ordinance that •will preserve � , , environmentally sensitive arras yet gives land owners flexibiliry to '• � deve�op their properry. To support the Planning Commission we _ 34004 16th Ave. South, Suite 101 � would like to make the following recommendacions and comments Fo . ' the draft report. . . ' . . Federal Way, WA 9800 We suppoct the formulauon of three classes/categories of wedands ' , � ' and associated buffer distances. � ' , � _ ,- -� • We agreed with the concept o�' buffer averaging as a method to add � ' flexibility to site design and buffer accommodacion. , . , , PO Box 3440 We consider the propose� buffer distances on the high side of an � - � acceptable range. We do not recommend that they be increased. As � a guide for underscanding the impaa on land parcels, the existing �_ Federal Way, WA 98063 _ invencory of sensiuve areas in Federal Way should bt classified by . • cacegory. Ocily by looking � at specific sites ' can che planning •• ' r �� commission and land owners �omprehend whether the new'' � (206) 838-2605 ordinance is an improvemen4 `— • � We feel that the cevised definition of a sueam (alternative 1) is ' , (206) 927-2556 preferred. , ' ' � , . , ; � We Eeel that the ordinance should indude the concept of "mitigation �.. FAX: (206) 661-9050 , banking Micigaaon banlcing is supporced by che Army Corps of � ' ' Engineers and is an excellent method to start or expand sensidve areas ' while providing options fo{ site development. � � ' E-mail: FWCCf�nwrain.com � � � - ' - ' � . ' V�e also wanc the planning commission ta consider "fee in lieu" of j ' • . sensitive area preservation. Allowed For use in certain casa, typically _ - � lower cacegory wedands, this method can create a funding source to : '. restore and enhance higher quality wedands in the City. • . _ � ' � ' , Thank you I For considering our comments. �We hope to monitor your � � , effores and look for the opportuniry to review the �planning ; ' � , � commission drafc proposal. ' , - � � ' � . ' i , �. Our �slon � / i ��ater Federal Way Chamber of �^ : Comrrierce provides dynamic leadership � • , , r , � ' for the business community in economic, , � _ - political, educational and social decisions • . • - . . „ _ • , - ,