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HomeMy WebLinkAboutPC 9.17.25_CAO PC Public HearingDOCKET #235 CRITICAL AREAS ORDINANCE (CAO) UPDATE Planning Commission Public Hearing September 17, 2025 Presented by: Mariah Kerrihard, Associate Planner 425-430-7238 mkerrihard@rentonwa.gov Issue: 1.The Growth Management Act (GMA) requires all cities and counties in Washington to adopt regulations protecting “critical areas” to preserve the natural environment, wildlife habitats, and sources of fresh drinking water. Critical areas regulation also encourage public safety by limiting development in areas prone to natural hazards like floods and landslides. 2.Every ten years, counties and cities are required to take legislative action to review and, if needed, revise their comprehensive land use plans and development regulations to ensure the plans and regulations comply with the requirements of the GMA. This update is due by December 31, 2025. 3.The level of review depends on several factors. •If the jurisdiction contains significant, extensive, and/or inadequately protected critical areas, a more detailed review of its policies and development regulations may be necessary. •If new sources of best available science (BAS) are identified (including any management recommendations associated with the new science), the jurisdiction should review those updates for applicability to its critical areas regulations. SUMMARY OF D-235 PROPOSED AMENDMENTS TO THE CAO 1.Code Update: •Updating terminology, clarifying document references, and ensuring current standards use best available science 2.Channel Migration Zones (CMZs): •The CMZ identifies river or stream corridors at risk for channel movement over time due to erosion, flooding, or natural stream processes. The CMZ for the Cedar River is specifically mapped by King County’s 2015 study and adopted into the city’s regulatory framework (2015) •The City or a property owner may request a site-specific reassessment of CMZ boundaries using a geomorphic assessment. Updates are allowed if conditions have changed and must be documented 3.Wetland Buffers: •Wetland buffer requirements have been revised to apply the best available science consistent with Wetland Mitigation in Washington State, Part 1: Agency Policies and Guidance, Version 2 (Ecology Publication No. 21-06-003, April 2021) •Detailed tables for buffer widths and mitigation ratios are integrated for various wetland categories and mitigation scenarios, aligned with state best practices •Administrative buffer reductions and averaging have clear minimum reduction standards by critical area type and strong criteria for when reductions are allowed, especially requiring functionally equivalent or improved ecological outcomes.Cedar River 2025 Category I •Represent a unique or rare wetland type; or •Are more sensitive to disturbance than most wetlands; or •Are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or •Provide a very high level of functions Category II •Difficult, though not impossible, to replace, and provide high levels of some functions. •Occur more commonly than Category I wetlands, yet still need a relatively high level of protection City of Renton (COR) Maps – Wetland Layer WETLAND CATEGORIZATION City of Renton Category III •Wetlands with a moderate level of functions •Can often be adequately replaced with a well- planned mitigation project Category IV •The lowest levels of functions and are often heavily disturbed. •These are wetlands that we should be able to replace, and in some cases be able to improve. •May provide some important functions and also need to be protected. Renton Wetland 2025 WETLAND CATEGORIZATION PROPOSED WETLAND BUFFER WIDTHS Wetland Category Wetland Characteristic Intensity of Impact of Adjacent Land Use Low Moderate High I and II Bogs and wetlands of high conservation value 125 feet 190 feet 250 feet Habitat score of 8 to 9 150 feet 225 feet 300 feet Habitat score of 6 to 7 75 feet 110 feet 150 feet Habitat score of less than 6 and water quality score of 8 to 9 50 feet 75 feet 100 feet Not meeting any of the above characteristics 50 feet 75 feet 100 feet III Habitat score of 8 to 9 150 feet 225 feet 300 feet Habitat score of 6 to 7 75 feet 110 feet 150 feet Habitat score of 3 to 5 40 feet 60 feet 80 feet IV Any habitat score 25 feet 40 feet 50 feet COMPARISON OF EXISTING VS. PROPOSED WETLAND BUFFER WIDTH Wetland Category Habitat Function Existing Requirement (Low Impact / All Other Land Uses) Proposed Requirement (Low / Moderate / High Impact) Difference (Proposed - Existing) (Low / Moderate / High) I – Bogs & Heritage Wetlands 175 ft / 200 ft 125 / 190 / 250 ft –50 / –10 / +50 ft (vs. Low / All Other Uses) I Habitat score 8–9 175 ft / 200 ft 150 / 225 / 300 ft –25 / +25 / +100 ft I or II Habitat score 6–7 125 ft / 150 ft 75 / 110 / 150 ft –50 / –40 / 0 ft I or II Habitat <6 & Water Quality 8–9 75 ft / 115 ft 50 / 75 / 100 ft –25 / –40 / –15 ft I or II Not meeting any above characteristics 75 ft / 115 ft 50 / 75 / 100 ft –25 / –40 / –15 ft II Habitat score 8–9 150 ft / 175 ft 150 / 225 / 300 ft 0 / +50 / +125 ft III Habitat score 8–9 100 ft / 125 ft 150 / 225 / 300 ft +50 / +100 / +175 ft III Habitat score 6–7 75 ft / 100 ft 75 / 110 / 150 ft 0 / +10 / +50 ft III Habitat score 3–5 50 ft / 75 ft 40 / 60 / 80 ft –10 / –15 / +5 ft IV Any habitat score 40 ft / 50 ft 25 / 40 / 50 ft –15 / –10 / 0 ft PROPOSED TYPES OF LAND USE IMPACTS Level of Impact From Proposed Land Use Types of Land Use High •Commercial •Urban •Industrial •Institutional •Mixed-use developments •Residential (more than 1 unit/acre) •Roads: federal and state highways, including on-ramps and exits, state routes, and other roads associated with high-impact land uses •Railroads •Agriculture with high-intensity activities (dairies, nurseries, greenhouses, growing and harvesting crops requiring annual tilling, raising and maintaining animals, etc.) •Open/recreational space with high-intensity uses (golf courses, ball fields, etc.) •Solar farms (utility scale) Moderate •Residential (1 unit/acre or less) •Roads: Forest Service roads and roads associated with moderate-impact land uses •Open/recreational space with moderate-intensity uses (parks with paved trails or playgrounds, biking, jogging, etc.) •Agriculture with moderate-intensity uses (orchards, hay fields, light or rotational grazing, etc.) •Utility corridor or right-of-way used by one or more utilities and •including access/maintenance road •Wind farm Low •Natural resource lands (forestry/silviculture–cutting of trees only, not land clearing and removing stumps) •Open/recreational space with low-intensity uses (unpaved trails, hiking, birdwatching, etc.) •Utility corridor without a maintenance road and little or no vegetation management •Cell tower Mitigation Ratios for Wetland Impacts •Compensatory mitigation for wetland alterations shall be based on the wetland category and the type of mitigation activity proposed. •The replacement ratio shall be determined according to the ratios provided in the table. •The created, re-established, rehabilitated, preserved, or enhanced wetland area shall at a minimum provide a level of functions equivalent to the wetland being altered •Compensation for wetland buffer impacts shall occur at a minimum one to one (1:1) ratio. Compensatory mitigation for buffer impacts shall include enhancement of degraded buffers by planting native species, removing structures and impervious surfaces within buffers, and other measures. REPLACEMENT RATIOS Wetland Mitigation Type and Replacement Ratio* Wetland Category** Creation or Re- establishment Rehabilitation Preservation Enhancement Only Category IV 1.5:1***3:1 6:1 6:1 Category III 2:1 4:1 8:1 8:1 Category II 3:1 6:1 12:1 12:1 Category I 4:1 8:1 16:1 16:1 General Purpose •The typically required critical area buffers may be reduced to no net loss of functions or values as documented in a study prepared by a qualified professional. Greater buffer width reductions require review as a variance Mitigation to Reduce Buffers •Criteria for Reduction of Wetland Buffer Width with Enhancement •Criteria for Averaging of Wetland Buffer Width Reasonable Use Variance •No proposal shall result in a loss of critical area functions or values. If the application of these provisions would deny all reasonable use of the property, the applicant may apply for a variance as identified in RMC 4-9-250 Black River 2025 ALTERATIONS TO CRITICAL AREAS AND/OR BUFFERS Example A – Vuecrest II Short Plat •Category II wetland •The site was 106,680 square feet (2.45 acres) •The site includes a 0.19 acre of onsite critical area (Category 2 wetland), in the northwest corner of the property •As proposed the short plat subdivided the parcel into eight (8) residential lots, and one (1) critical area tract (Tract A) Example B – Valley Vue Short Plat •Category III wetland •The site was 100,188 square feet (2.3 acres) •The eastern portion of the site is comprised of established forest with a Category III wetland that extends off-site to the east and south. •As proposed the short plat subdivided the parcel into two (2) residential lots, leaving both existing houses undisturbed, and one (1) Native Growth Protection Tract (Tract A). City of Renton EXAMPLES WITHIN RENTON Example A Example B Wetland Mitigation - Category II •As compensatory mitigation for the permanent buffer impacts, a total of 4,907 square feet of relatively undisturbed forested area, located adjacent to the buffer of wetland were designated as buffer •This represents a mitigation to impact ratio of 1.1:1, providing an increase in total buffer area of 458 square feet •The additional buffer areas will be permanently protected as part of the NGPA on the project site City of Renton – COR Maps EXAMPLE A Wetland Mitigation - Category III •No impacts to the critical areas onsite were proposed •In order to preserve and protect the wetland and its associated buffer, the applicant established a Native Growth Protection Easement for the Category III wetland and its associated 100-foot buffer area within Tract A •The additional buffer areas will be permanently protected as part of the NGPA on the project site City of Renton – COR Maps EXAMPLE B General Purpose •RMC 4-10-090, Critical Areas Regulations – Nonconforming Activities and Structures Existing Development •Normal and routine maintenance and repair of any existing public or private uses and facilities where no alteration of the critical area and required buffer or additional fill materials will be placed. •In every case, critical area and required buffer impacts shall be minimized and disturbed areas shall be restored during and immediately after the use of construction equipment. Proposed Development •Prior to any development or alteration of a property containing a critical area the owner or designee must obtain a development permit, critical area permit, and/or letter of exemption. •No separate critical area permit is required for a development proposal for which development permits are required or that has received a letter of exemption.May Creek 2025 LEGALLY NON-CONFORMING WHAT IS A CHANNEL MIGRATION ZONE? The area that a stream or river could be expected to occupy in the future due to lateral migration or channel avulsion. Often delineated into hazard areas with regulations applied differently Moderate Severe Regulation is for the purpose of prevention of loss of life and damage to property or infrastructure Cedar River – King County derived CMZ LATERAL CHANNEL MIGRATION Occurs when a stream or river moves laterally through bank and floodplain erosion 2015 2024 Skagit River CHANNEL AVULSION Occurs when a stream or river moves or cuts a new mainstem channel across the floodplain. It can happen quickly, or it can develop over time. 1990 2006 Cedar River – Near Ron Regis Park DIFFERENCE BETWEEN MIGRATION AND FLOODING Flooding involves the inundation of the floodplain, areas that are typically dry, with excess water. It is a short-term, temporary condition. Channel migration is the sudden or gradual movement of a channel across it’s floodplain. It can be described as the stream or river modifying or changing course. It is a long-term change. THREE MAIN AREAS OF CHANGE Area Update Rationale Code Updates Up to date terms and references Ensures scientific accuracy Channel Migration Zone (CMZ) Mapping Mapping expands river protections; includes procedures for boundary challenges Safer development for areas near rivers; aligns with state policy Wetland Buffers & Replacement Ratios Some buffer sizes and replacement ratios increased under the Department of Ecology guidance Greater environmental protection and updating to Best Available Science Next Steps: •Planning Commission Deliberations & Recommendations (10/01) •Planning & Development Committee Recommendations (10/13) Presented by: Mariah Kerrihard, Associate Planner 425-430-7238 mkerrihard@rentonwa.gov