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Planning Policy Commission Auto captions

Thursday, March 24, 2022

6:30 PM · 2h 31m
Section
1. CALL TO ORDER
1a
Commission Membership
packet pp.5
Staff report:
PLANNING POLICY COMMISSION Staff Liaison Christen Leeson, Senior About Planner Created in 1983, this commission serves as a Email policy advisory body to the Mayor and provides guidance and direction for Issaquah's future Regular Members growth through continued review and 2022 – Joy Lewis improvement to the City's Comprehensive Land 2022 – Matt Monahan Use Plan and related land use documents. 2022 – Jason Voiss 2022 – Vacant Membership 2023 – Nina Milligan The Planning Policy Commission is comprised of 2024 – Ron Faul seven regular members, with four-year terms; 2024 – Sara Bader and several alternates, with two-year terms. All members are appointed by the Mayor and Alternate Members subject to confirmation by the City Council. 2022 - Richard Zaragoza Terms expire April 30 of the year listed. For 2023 - Vacant more information, see IMC 18.03 and Rules & Regulations. Meetings Unless…
2. APPROVAL OF MINUTES
2a
Minutes of March 9, 2022
packet pp.7–18
Staff report:
MINUTES Special Joint Meeting ENVIRONMENTAL BOARD & PLANNING POLICY COMMISSION 6:30 p.m. -Wednesday, March 9, 2022
2b
Minutes of March 10, 2022
packet pp.19–31
Staff report:
MINUTES Special Joint Meeting PLANNING POLICY COMMISSION & ENVIRONMENTAL BOARD 6:30 p.m. - Thursday, March 10, 2022
5. REPORTS
5a
Council Update
Minnie Dhaliwal, Director, Community Planning & Development
6. OTHER BUSINESS / ANNOUNCEMENTS
6a
Upcoming Schedule
packet pp.65–67
Staff report:
2022 1/20/22 1/27/22 Joint Meeting with Development Commission  Public Hearing: Proposed 2022 Docket of Education: Title 18 - Building and Design Comprehensive Plan and Zoning Map  Neighborhood Overlay Standards Amendments January o Olde Town, Central Issaquah, Issaquah Joint Meeting with Development Commission Highlands, Talus Title 18: Education - Building and Design  Neighborhood Overlay Standards o Olde Town, Central Issaquah, Issaquah Highlands, Talus 2/10/22 2/24/22 Joint Meeting with Development Commission Joint Meeting with Environmental Board
0:00 all right good evening i'd like to call
0:02 order the march 10th policy and planning
0:05 commission
0:06 meeting at 6 30 pm
0:09 due to the virtual format of today's
0:10 meeting i'd like to start by providing
0:12 some guidelines
0:13 we have participants attending by
0:15 computer and others who may be attending
0:16 by phone for all meeting attendees who
0:19 wish to speak please speak clearly and
0:21 pause frequently
0:23 state your name each time and before
0:25 speaking
0:26 mutual microphone when not speaking and
0:28 if you have technical issues try joining
0:30 the meeting using a different device
0:32 such as a smartphone or tablet or use
0:34 the call-in information in the meeting
0:35 invite to call into the phone
0:38 uh for attendance lucy will you go ahead
0:41 and please call roll
0:42 yes uh commissioner milligan
0:46 here
0:48 commissioner lewis
0:51 here
0:53 commissioner monahan
0:57 i do not see commissioner monahan i'll
0:59 keep my eye out
1:01 uh commissioner voice
1:05 here
1:07 chair fall
1:08 here
1:10 i know that commissioner bader will be
1:12 joining late um and if you see her
1:14 please let me know so that we can note
1:16 it in the in the minutes
1:19 uh commissioner zaragoza
1:22 here
1:26 okay thank you lucy
1:28 and now we'll move on to approval of the
1:30 meeting minutes the first set of meeting
1:32 minutes is the march 9th 2022 uh minutes
1:35 are there any corrections or
1:38 questions about the meeting minutes
1:41 okay hearing none uh the meeting minutes
1:43 for march 9th are approved
1:45 and the second meeting minutes for march
1:47 10th
1:48 are there any corrections or changes or
1:50 questions that people would like to ask
1:53 okay and hearing none the march 10th
1:55 meeting minutes are approved
1:57 uh lucy let's go ahead and open up for a
1:59 public comment is there any general
2:01 public comments that
2:03 are is there any general comments today
2:06 that the public would like to speak at
2:11 let's uh anyone anyone in the um
2:15 any attendee who would like to speak if
2:17 you would raise your hand please
2:19 either by pushing star 3 on your phone
2:23 raising your virtual hand
2:30 i do not see any thank you
2:32 okay thank you very much lucy and we'll
2:35 go ahead and close that out
2:37 at 6 36
2:39 and so
2:42 next thing here is
2:45 lucy
2:47 [Music]
2:48 we're up for the agenda so go ahead and
2:50 take it away for uh
2:53 title 18 updates
3:00 um so tonight we're on the presentation
3:04 is going to be broken into several parts
3:07 after each presentation
3:09 we will deliberate
3:11 um the questions that are posed in the
3:13 memo and discuss any issues that have
3:15 arisen
3:17 staff have asked are asking that we come
3:19 to a consensus regarding each of the
3:22 questions and issues
3:24 we will not be taking public comment on
3:26 the specific topics tonight
3:29 staff have focused their presentations
3:31 on examples
3:33 as to how the new code would be applied
3:36 in response to public comments
3:39 the first presentation
3:42 will be
3:43 on geologic hazard areas
3:46 and it will be
3:48 made by jim johnson who is our
3:50 consultant from golder
3:52 i'm going to share my screen
3:55 while he presents
4:03 can you see my screen
4:06 yes
4:07 thank you lucy
4:09 committee members
4:12 glad to be speaking with you again on
4:14 this topic
4:16 since our last meeting uh we have
4:19 clarified some of the
4:21 changes
4:22 uh to the
4:23 uh to the code
4:25 what's listed here are some of the
4:30 significant changes
4:32 that were made to the code
4:34 the ones i kind of wanted to highlight
4:36 highlight to you in this slide
4:39 are
4:40 the
4:41 defining the roles of licensed
4:43 professionals in the code
4:45 so that we have qualified individuals
4:48 writing the critical areas reports for
4:51 the various hazard areas listed above
4:54 the coal mine erosion landslide seismic
4:56 and steep slope
4:58 and then another point is the general
5:01 guidance
5:02 and peer review requirements
5:04 which we think are very important
5:07 for
5:08 creating uh well-written and
5:11 well-reviewed critical areas
5:14 reports
5:16 which may or may not be addressing
5:18 uh buffers or
5:21 or other critical uh parts of the code
5:26 and go to the next slide
5:33 i wanted to take a moment to illustrate
5:35 one of the points about steep slope
5:39 hazards
5:41 and this applies as well to landslide
5:43 hazard zones
5:47 the buffers are
5:49 applied to the top and the toe
5:53 of the hazard and also to the sides so
5:56 in this cross section imagine the the
5:58 steep line in the middle is a 40 percent
6:01 uh slope
6:03 so the minimum buffer of 50 feet would
6:05 be applied to the top and the toe and
6:07 that would be the green lines in this
6:09 figure
6:11 and in addition to the buffers there is
6:13 a building setback line which is a
6:16 minimum 15 feet which is a the red line
6:21 building setback line stays the same no
6:23 matter how big the buffer is
6:26 in the current code and in the prior
6:29 code
6:30 there are allowances for reducing the
6:32 buffer
6:33 from 50 feet to as small as 10 feet
6:39 there there are some reasons uh in
6:42 situations where you may want to allow
6:44 the buffer to be reduced and typically
6:47 that has to do with how high the slope
6:50 but not always
6:52 but if you could imagine if this 40
6:55 slope is only
6:56 say 23 feet high
6:59 um you really wouldn't necessarily need
7:01 a 50-foot buffer from a geologic safety
7:05 standpoint that buffer would be twice
7:07 the height of the slope
7:10 uh however if the slope height here from
7:13 the bottom of the slope to the top of
7:15 the slope is over 100 feet
7:18 then the buffer of 50 feet may not be
7:20 adequate you might actually want a
7:22 little bit larger buffer
7:24 because it it would encompass all the
7:27 future or potential failure surfaces
7:29 that might occur on that slope
7:32 so having flexibility
7:34 in the width of the buffer
7:37 is important
7:41 next slide
7:45 the coal mine hazards
7:48 have been updated to
7:51 provide classification of the mine
7:53 hazards from declassified moderate and
7:56 severe
7:58 and then buffers have been put on the
8:01 severe hazard areas so areas where you
8:03 might in the future develop a sinkhole
8:06 like shown here
8:08 on this figure
8:10 you would want to have buffers around
8:12 that area
8:14 the reason for that is you want to make
8:16 sure that
8:18 you have access to that area potentially
8:20 in the future if subsidence does occur
8:23 to mitigate it
8:25 and because you want a bit of a buffer
8:29 for
8:31 to account for maybe a bit of inaccuracy
8:33 in the science of determining where that
8:35 actual hazard is
8:38 so those are in the code now
8:40 next slide
8:48 some of you asked about specific
8:50 examples
8:51 to show
8:52 how the code has been applied and where
8:54 it might be applied
8:57 the bergsma property was brought up as a
9:00 as a past example this is located
9:03 uh right off newport way near the
9:05 intersection of sr 900 just north of
9:08 talus
9:10 the berksma property uh was in for a
9:14 review in around 2016.
9:17 i was part of the peer review team
9:19 looking at the critical areas they
9:22 proposed to develop this light gray area
9:25 at the top of the slope
9:29 and the red areas were steep slopes that
9:32 were surrounding that gray area
9:35 thank you for highlighting that lucy
9:38 the white circle was the west side
9:40 reservoir
9:41 and the yellow are some historic
9:44 landslides that were next to this
9:46 property
9:48 the peer review process had been ongoing
9:50 for almost three years
9:52 uh the developer
9:54 uh what we were encouraging the
9:56 developer to do was do more exploration
9:58 as it turns out the area around and
10:01 below the west side reservoir was a uh
10:04 either prehistoric or historic landslide
10:08 so there were challenges with with
10:10 putting any development within that area
10:14 it wasn't it was not on any landslide
10:16 maps but the geology indicated that it
10:19 was landslide terrain
10:21 the other challenge they faced was
10:23 getting an access road up the hill
10:26 if you could advance to the next slide
10:33 in this slide you can see the access
10:34 road coming off of newport way and going
10:37 up through these dark shaded areas
10:40 all of those areas are steep slopes
10:42 greater than 40 percent
10:46 i believe the applicant was looking for
10:49 a variance from the steep slope critical
10:52 areas ordinance in order to
10:55 to put this road in place
10:59 i don't know how far along that process
11:02 was um until uh before the property was
11:05 uh was purchased by the city but what i
11:08 wanted to point out was the the critical
11:11 areas review process was ongoing there
11:14 were no guarantees that the applicant
11:16 would be able to get above or through
11:18 these hurdles
11:20 particularly the
11:22 steep slopes around the access road and
11:25 then a good portion of the development
11:27 area may not have been developable
11:29 because of the landslide hazard the area
11:32 or just the downslope of that tank
11:38 next slide
11:41 this is a
11:43 recent um example of a
11:46 application for a steep slope buffer
11:49 reduction
11:51 this is along
11:53 it's right near the intersection of
11:55 black nugget road it's a sunset
11:58 or sunrise assisted living
12:00 and this is adjacent to
12:02 west fork of issaquah creek
12:05 so the red area is the steep slope
12:07 critical area
12:09 and the applicant asked for a buffer
12:12 reduction from the top of the slope here
12:16 so they could build this building
12:21 we work with the applicant on looking
12:24 more carefully at the slope stability
12:26 and they had to demonstrate that they
12:28 could
12:29 have adequate slope stability to justify
12:32 this buffer reduction
12:35 they did a few things they uh they
12:37 actually deepened the foundation of the
12:40 building
12:42 and they were able to safely demonstrate
12:45 that they had adequate factors of safety
12:48 1.5 for static and 1.1 for seismic
12:52 and the buffer reduction
12:54 was granted
12:57 as i explained before having some
12:59 flexibility
13:01 well let me go on to the next slide
13:02 because i'll cover it there
13:08 this slide shows the geologic sections
13:10 that they they drew through the uh
13:12 development
13:13 uh and those were the sections that were
13:15 analyzed for the uh the stability uh or
13:18 for the buffer reduction
13:21 next slide
13:28 a couple of questions to address
13:31 from the memo
13:32 should steep slope buffer reductions be
13:34 further tightened
13:37 one thing that could be done is a
13:40 mathematical calculation could be
13:42 included in the code
13:44 that would adjust the buffer based on
13:46 the height of the slope
13:50 the lower the slope the smaller the
13:52 buffer the higher the slope the bigger
13:54 the buffer
13:56 what i was mentioning earlier in the
13:59 sunrise assisted living in that case the
14:02 buffer
14:04 would have likely have been pretty large
14:06 and it probably would not have allowed
14:07 that building to be built
14:09 if there was a
14:12 uh a mathematical criteria because the
14:15 buffers typically are larger for larger
14:18 slopes
14:19 and i want to point out that if a
14:21 mathematical criteria were implemented
14:24 it would naturally be a bit con on the
14:27 conservative side therefore leading to
14:29 larger buffers for bigger slopes
14:33 and it would be less flexible
14:38 there was a question about peat deposits
14:41 raised in our last meeting
14:43 and
14:44 we've looked into that and
14:47 most of the peat deposits uh
14:49 are typically protected uh because
14:52 they're in wetland areas in wetland
14:54 buffers
14:56 but
14:57 some additional work would probably have
14:59 to be done to answer questions about um
15:02 what types and quantity of peat deposits
15:04 there are not all peat is the same
15:07 uh it varies significantly based on
15:09 organic content and moisture content
15:13 and then what types of geotechnical
15:15 standards could be used to minimize the
15:18 removal
15:20 developers don't like to dig it out if
15:22 they don't have to but sometimes it's
15:24 more cost effective to remove it
15:27 and then is are there mitigations for
15:30 removal such that you could uh
15:34 re-bury it potentially and and mitigate
15:36 the release of co2 which seems to be the
15:39 uh the most important um
15:44 issue with removing it although there
15:46 are others
15:50 and then the third bullet you can read
15:57 lucy i think that concludes my
15:59 presentation
16:00 would you advance one more slide to be
16:02 sure
16:03 i think so
16:07 yes the next slide is is the um
16:10 questions and deliberations questions i
16:13 thought so thank you and and i um
16:15 commissioners i'm happy to put the
16:17 slideshow back up if you need it um
16:19 during your discussion of the questions
16:33 chair fall how would you like to
16:36 organize the
16:38 questions and deliberations this evening
16:42 okay
16:44 well let's see the first question
16:47 should steep slope buffer reductions be
16:49 further tightened if so
16:51 one option is to state if the vertical
16:54 height of the slope is more than x feet
16:56 based on the science then it is
16:58 ineligible for a buffer reduction
17:01 let's address
17:03 question one first and we'll just go
17:04 down
17:06 one two and three
17:07 and that way
17:10 jim
17:11 gets the information that he needs out
17:14 of this and we can come to a consensus
17:16 on the questions so let's go ahead and
17:19 ask questions based on the questions
17:21 that are here and the content we just
17:22 heard and then we'll deliberate on
17:26 answering the questions themselves
17:29 so let's go ahead and open this up to
17:32 commissioner questions
17:35 and
17:40 okay i can't see the chat window why
17:42 can't i see the chat window
17:44 um commissioner lewis has the first uh
17:47 question
17:48 okay commissioner lewis uh the floor is
17:51 yours
17:52 thank you chairfall commissioner joy
17:54 lewis i have a question about the first
17:57 question
17:58 which is specifically about geological
18:01 flexibility of buffers right so
18:04 i have mentioned to staff and i don't
18:06 mind saying i feel very um
18:09 in the dark about this section of our
18:11 code i don't have the technical
18:13 expertise to be able to speak on this
18:15 and so really you're going to hear a lot
18:17 more questions than comments from me on
18:20 and i certainly think that going with a
18:22 mathematical equation is a very
18:24 interesting solution to the question i
18:27 have which is how can we ensure an
18:29 appropriate and consistent variances of
18:32 buffer size
18:34 as we are talking about having a
18:36 relinquished footage um i think one
18:39 thing that we when we look at this of
18:41 obviously not wanting to go too
18:43 conservative in one direction
18:46 but also being pretty worried about
18:48 being too liberal and so how would we be
18:51 able to have a consistency over time
18:54 when we're able to say this one needs
18:56 less i think the maximum well i i jump
18:57 but the gun by saying i think the
18:58 mathematical equation is a good way to
19:00 be able to say that if we didn't have
19:02 that solution and we wanted to be able
19:05 to have some type of variance in these
19:07 buffers
19:09 how would we do that in a consistent way
19:11 how would we be able to have from
19:12 property property having the same types
19:14 of criteria applied
19:20 that's a challenging question uh i think
19:23 having consistency is good
19:26 uh i think the way the code is written
19:29 or had been written
19:30 there was a natural tendency for
19:32 applicants to think all they had to do
19:34 is write a report and they would get a
19:36 reduction to the minimum buffer
19:38 and i think that was the the opinion of
19:41 of a lot of residents too
19:43 and their and their uh their concern
19:50 it's it's tough to address that other
19:52 than to tighten up on the granting of
19:55 the minimum buffers now
19:58 it may be possible to have something in
20:00 a mathematical code that would restrict
20:03 the minimum side of that buffer
20:05 reduction based on the the slope height
20:09 so you know you could have a min and a
20:11 max but it would the min would be based
20:13 on the slope height the max would not
20:16 necessarily be constricted because you
20:18 could have situations where you want to
20:20 have
20:21 uh maximum uh buffer
20:24 because again not all slopes are equal
20:27 but you you don't like you say probably
20:29 want to error on the small side you know
20:31 a smaller buffer
20:33 and i don't have a good answer for how
20:35 you would try to make that equal across
20:38 the board uh because not all slopes
20:41 are the same so one project might get a
20:44 buffer reduction the other one thinks
20:45 that they might be
20:48 entitled to but they might have
20:49 different slopes
20:53 what would be the harm of of playing it
20:56 more conservative you you mentioned that
20:58 using you know the first question of
21:00 using a mathematical equation and let's
21:02 say that we decide that we don't want to
21:04 have very much flexibility um obviously
21:07 wanting to think about the the safety of
21:09 our slopes
21:10 can you give me an argument for why
21:12 um having less of a of a variance there
21:17 would be harmful
21:19 uh it could be obviously less less land
21:22 is used obviously you're putting out a
21:23 smaller building a smaller footprint um
21:28 yeah exactly i mean the the sunrise
21:30 assisted living like i mentioned earlier
21:32 uh that building would not fit on that
21:34 property
21:35 uh with the without the buffer reduction
21:40 could they redesign the building
21:41 differently possibly so it would it
21:44 would require it would it would mean
21:46 further property is encumbered by the uh
21:48 steep slopes but it doesn't necessarily
21:50 mean you couldn't build things
21:52 do you recall um off the top of your
21:54 head what the variance was how many feet
21:56 they ended up getting for instance
21:59 yes they went to 10 feet in one location
22:03 or one area and then they went to 20
22:05 feet in another so they didn't go to the
22:08 maximum or to the minimum everywhere
22:10 okay thank you very much jim
22:12 you're welcome
22:15 thank you commissioner lewis uh
22:18 commissioner voice you have the floor
22:22 thank you chair
22:24 i appreciate commissioner lewis's
22:26 comments on consistency i think that's
22:27 what part of the goal is is to provide
22:30 that for applicants
22:31 one reason that i do like flexibility is
22:33 because as you stated
22:35 um all slopes are different
22:37 now my understanding jim is that
22:40 all of these because they're critical
22:41 areas are going to go through a peer
22:43 review regardless correct
22:45 that's correct
22:46 so we're already having the experts look
22:49 at each of these sites
22:52 independently anytime there's an
22:54 application
22:56 correct
22:57 that's correct
22:58 okay so it seems to me like we should be
23:01 able to get some flexibility because
23:03 again all of these are peer-reviewed
23:04 they're all in critical areas um
23:08 yeah i guess like i said we're asking
23:10 questions right now
23:11 but um okay so each site's independently
23:14 looked at
23:15 by experts
23:17 as you stated earlier that all slopes
23:19 are unique
23:22 yes
23:24 great thank you
23:26 all right thank you commissioner voice
23:28 commissioner zargoza you have the floor
23:30 thank you chair hi richard sarakos so my
23:33 question i i like the idea of the
23:35 formula
23:36 it makes sense that that
23:39 you know each slope
23:41 has
23:43 a buffer according to its size
23:45 so you know larger slopes would have uh
23:50 larger buffers smaller slopes have
23:51 smaller buffers
23:53 since we're going through the peer
23:54 reviews
23:56 oh i guess my
23:57 question is
23:59 does that does the formula
24:01 make it less flexible if it's
24:02 peer-reviewed and the particulars of a
24:05 of a specific slope
24:07 make it
24:08 much safer to build on even if the
24:11 buffer requirements
24:14 are asking for a larger buffer
24:16 and the peer review shows that it's
24:18 safe to build
24:20 regardless do you still have that
24:22 flexibility
24:24 based on the peer review
24:26 or vice versa
24:28 the the buffer says says the buffer
24:30 formula tells you have this much but you
24:32 know after peer review safety
24:34 requirements extend that is do we have
24:37 that flexibility from the peer review
24:40 so the
24:42 uh we don't have a formula formulaic uh
24:45 methodology right now if we incorporated
24:49 that
24:49 you could constrain
24:52 the reduction side of it so you couldn't
24:54 go below a certain number for a certain
24:56 size slope and then you could leave the
24:59 more flexibility on increasing the
25:01 buffer size
25:04 you know the current code
25:08 allows
25:09 flexibility in the
25:11 application of buffer reduction so you
25:14 don't necessarily have to grant a buffer
25:16 reduction for all slopes to the same
25:19 buffer on a site
25:21 and that is
25:22 something i think the peer review
25:24 process uh
25:25 will will look at very carefully not
25:28 granting uniform buffer reductions for
25:31 all slopes on a site but be very
25:33 specific to the slope itself
25:39 another part of this question
25:40 the with the formula
25:42 you'd have a better
25:44 you'd have a better understanding as a
25:46 property owner of
25:48 you know
25:49 my slope is much larger so i have you
25:51 know i can calculate a larger buffer
25:53 that gives me some sense of
25:55 the sensitivity of the situation
25:58 where a 50
25:59 you know
26:01 the
26:03 consistent buffer
26:05 is just kind of a number that everyone
26:07 gets
26:08 will
26:09 property owners have a better
26:12 maybe you don't have to answer this but
26:14 would property owners have a better be
26:16 able to estimate the sensitivity of
26:18 their property area with a formula that
26:21 was more
26:23 size to their actual slope rather than a
26:26 a consistent number
26:29 uh well the benefit of a consistent
26:32 number is it's one number for every
26:34 slope uh if you if you apply the formula
26:38 i'm sure they could if they have a
26:39 survey of their property they can
26:41 calculate what that formula
26:44 would apply how that formula would be
26:46 applied to their property
26:48 as the slope elevation or the height of
26:51 the slope changes
26:53 the buffer is going to change so it's
26:54 going to be kind of a wavy line along
26:56 the top and toes of slopes so it's going
26:58 to be a little bit more complex to
27:01 uh to implement you know to draw on a
27:04 page
27:05 but it can still be done
27:08 okay thank you
27:14 and thank you commissioner zargozo and
27:17 it's
27:18 i'm up but because i'm chair i'm going
27:20 to let
27:21 commissioner milligan go ahead of me and
27:23 then i'll just follow up
27:26 thank you chair fall uh commissioner
27:28 nina belligen here
27:30 thanks for the presentation jim and i
27:32 might be asking some silly questions
27:33 here so just bear with me it's um it's
27:36 challenging for me to follow
27:39 are we
27:41 only talking about reducing
27:44 from a 50-foot buffer
27:47 if the height of the steep slope which
27:49 is classified at 40
27:52 is shorter
27:55 that's the first question
27:56 shorter than what um
28:00 yeah i'm sorry
28:02 just simply for me thank you yeah the if
28:05 you're talking about the way the
28:07 code is is
28:08 being proposed right now
28:10 uh the 50-foot buffer is applied to any
28:13 slope
28:14 that is
28:15 over 20 feet in height
28:18 to whatever the maximum might be it
28:20 could be 100 feet or more
28:22 the 50 foot buffer applies
28:25 regardless of the height of the slope
28:29 and the reduction to 10 feet
28:33 or something in between
28:35 has to be granted based on an
28:36 application and the critical areas code
28:41 this also applies to landslide hazard
28:43 areas which might be less than a 40
28:45 slope also
28:48 and so in order to
28:50 be considered
28:52 the the buffer is
28:55 a slope a steep slope that is 20 feet or
28:59 higher
29:00 and if it's less than 20 feet it does
29:03 not have this buffer
29:05 it correct for for a 40 slope it is
29:08 except
29:09 and then when you have a and i don't
29:11 know if we have any of these and it's a
29:13 quad but if you had a extremely tall
29:16 i don't know if the camera if the um
29:19 packet said something like say it's 100
29:20 feet or 200 feet tall
29:22 um is it still
29:23 50 feet so between a 20 foot high steep
29:27 slope and a 200 foot high steep slope
29:30 it's 50.
29:33 that's correct
29:34 okay
29:36 and then
29:40 i'm trying to understand something that
29:42 was uh
29:43 discussed weeks or months ago about uh
29:47 all steep slopes not being the same and
29:49 we brought it up again tonight but the
29:51 only criteria i hear as measuring is the
29:56 height
29:57 of the
30:00 so if it's not 40 it's not a steep slope
30:03 okay here's my last question
30:04 are there steep slopes that are more
30:06 than 40 percent
30:09 yes it's forty percent and greater for a
30:11 steep slope and a steep slope can be
30:14 more than forty percent
30:16 but they're all treated the same
30:21 yeah okay
30:24 i don't know if i'm any better off
30:28 thank you
30:30 you're welcome thank you commissioner
30:32 milligan
30:33 okay so i have a kind of an interesting
30:36 question um
30:38 this brings into question the talus
30:40 property
30:42 but more
30:46 directly is the property of
30:49 newport
30:51 northwest juniper which i think is about
30:53 the 800 block of
30:56 newport way
30:58 there was a
30:59 old white house that was ripped out and
31:01 they were going to put in a
31:04 multi-story three or four story um
31:07 apartment condominium unit there
31:09 i think it had like a hundred units or
31:11 something like that
31:14 that is on a steep slope and the
31:16 property
31:18 the flat portion of the property is
31:21 probably not more than 50 feet before it
31:24 hits the road so technically there would
31:25 be a steep slope and then
31:28 the buffer that you were talking about
31:31 would take up all the flatness of the
31:33 property so there really wouldn't be
31:35 any place to build but this
31:37 particular development was actually
31:39 going to dig into the mountain to build
31:41 the unit
31:43 and
31:45 i remember talking to um our mayor about
31:49 building on street on steep slopes and
31:52 how we can move away from that so that
31:54 we're not building on steep slopes
31:58 how would this particular property be
32:01 affected
32:02 under this new
32:04 supposed
32:06 title 18
32:08 change
32:11 so i don't think it would be affected
32:14 much differently
32:16 if indeed there was a steep slope
32:19 on the back side of the property
32:21 there would be a 50-foot buffer at the
32:24 toe of that from the toe of that steep
32:26 slope extending out and if it went all
32:28 the way to the road
32:31 then that would be
32:33 a steep slope buffer they could apply
32:36 to reduce that buffer
32:38 and would have to
32:41 perform a critical area study and
32:43 demonstrate that the reduction
32:46 would provide the same level of
32:47 protection as the 50-foot buffer did
32:53 okay
32:54 so technically based on what we're
32:57 talking about tonight
32:59 they wouldn't be able to build
33:02 unit
33:04 on this particular property
33:08 because it's more than 20 feet tall
33:11 or the steep slope is more than 20 feet
33:13 tall and has more than 40 percent
33:21 unless they could
33:22 get a buffer reduction and then build
33:25 within the uh the area that is reduced
33:28 and then i think minnie's gonna possibly
33:30 talk about um
33:32 some other legal ramifications of of
33:34 taking
33:36 sure before before i'm going to let you
33:38 go mini here
33:39 the other question i have regarding this
33:41 and i think many can probably jump in
33:43 with us as well
33:46 if the city
33:49 did some sort of peer review variants if
33:51 we had a mathematical computation to
33:54 what you know
33:55 commissioner lewis was discussing as
33:57 well as one of the questions that you
33:59 had posed is if we had a science-based
34:03 [Music]
34:05 checklist
34:07 that we would make decisions based on
34:09 you know what the buffers would be
34:12 [Music]
34:14 and if we it went through peer review as
34:17 jason was potentially implying
34:20 and we there was slippage
34:23 then
34:25 who would be liable would the city be
34:27 liable would the developer be liable
34:31 so that's those are the two questions so
34:34 mini i'll go ahead and
34:36 sure um so i'll answer the first one
34:39 which was if someone's entire property
34:41 is 40 slope or more
34:44 and there's no way
34:46 there's any other area that they can get
34:49 some reasonable use of their property
34:51 then the city regulations cannot prevent
34:54 that their economic value of the
34:56 property becomes zero
34:58 so the the that's just um a taking and a
35:03 and a legal concern
35:05 um i sent you all um a write-up on a
35:07 reasonable use exception so cities are
35:09 required to have that as a due process
35:12 for every property owner
35:14 if our regulations completely reduce
35:16 their property to zero because they
35:18 can't do anything with it
35:20 um and what that reasonable use is is
35:23 determined really on a case-by-case
35:26 basis and it has to be the minimum
35:28 um you know development potential to get
35:31 some economic use out of it not
35:33 clear-cutting the whole site or anything
35:36 like that
35:36 um so
35:38 so that would be an option that the
35:40 cities are required to have that as a
35:42 legal out or a due process for every
35:44 property
35:46 obviously we would look at what's the
35:48 minimum impact and how to minimize all
35:50 that and that'll be factored in it's a
35:52 public hearing process under the code
35:54 right now
35:55 the property owners next to the property
35:57 are notified
35:59 and it it's a specific criteria that
36:01 they have to meet and and show that
36:04 there's no other way they can do any
36:06 development of the property
36:08 and their economic value is zero
36:11 to answer your second question which was
36:14 uh who is liable or any kind of uh
36:18 development
36:19 that if the city approves a buffer
36:21 reduction and then
36:23 the slope um
36:24 fails uh obviously we are not going to
36:26 approve anything that has a safety
36:28 consideration or an impact that's the
36:30 whole point of these rules and
36:32 regulations is public safety and
36:34 protection of public you know um
36:37 safety welfare you know all of those
36:39 things are the reason why these rules
36:41 are and that's why they have to be based
36:43 in science and that's why the technical
36:46 experts look at all of these and verify
36:48 that that doesn't happen
36:50 if it is an accident or an act of
36:53 mother nature then
36:55 you know it can depend on the specifics
36:57 of what caused the landslide um as part
37:00 of any development on a critical area as
37:03 getting their permits there is an
37:04 indemnification form that we make we
37:07 have uh property owners sign um where
37:10 the city is not liable for that so
37:12 that's currently in our process
37:15 and and
37:16 that that is not proposed to change with
37:19 this
37:20 which is hold harmless or
37:21 indemnification whatever you want to
37:22 call it
37:25 okay
37:26 and to that point uh bringing into the
37:28 talus
37:29 situation parcel nine that had the slide
37:32 the city would have been on the hook for
37:34 it if the developer had filed bankruptcy
37:37 so in terms of liability
37:40 yeah i mean we're not going to discuss
37:41 litigation right i mean the the who's
37:44 liable or or not that's
37:46 not part of your discussion you're
37:48 looking at the code here
37:50 and and really looking at whether uh
37:53 it's protecting
37:56 and meeting the this
37:57 the regulation standpoint so
37:59 unfortunately you know we can't get into
38:02 legal
38:03 concerns or issues of a particular site
38:05 or a property
38:07 understood but again i'm getting back to
38:10 we're talking about peer review and the
38:12 ability to
38:16 make changes
38:17 based on judgment of because not all
38:20 slopes are treated the same because
38:21 they're not the construction may not
38:23 appear all the same but if we're going
38:25 to allow developers to possibly build on
38:28 a steep slope or convert it to a less
38:30 steep slope
38:31 or build within the buffer zone and
38:34 there's slide
38:37 as a result of that development
38:40 then
38:42 this
38:43 basically is
38:46 an adjustment to a property to make it
38:50 allowable to be built
38:53 when it may not be prudent to build
38:57 you're absolutely correct that's why we
38:59 have these regulations to prevent those
39:01 kind of
39:03 incidences we don't want landslides and
39:05 we don't want um
39:07 people to be hurt or you know
39:10 public safety is paramount in the
39:12 geologically hazard
39:14 areas regulations now when we when we
39:16 discuss wetlands and streams there is
39:18 the protection of the habitat but this
39:21 particular
39:22 topic the focus is really public safety
39:25 and and and making sure that
39:28 development doesn't occur that creates
39:30 those kind of problems that's the whole
39:32 premise of having these regulations
39:34 okay all right thank you minnie
39:39 another question from commissioner voice
39:41 do you have the floor
39:43 thank you a quick question anyone from
39:45 the city can answer it
39:47 wondering how many
39:49 different
39:50 different
39:51 situations we've had to date
39:54 of landslides caused by these steep
39:57 slopes have occurred in the city within
39:59 last 20 years
40:01 just a round number
40:03 zero
40:04 i actually have that number i think
40:10 so i want to make a distinction here
40:13 that um
40:15 most of the landslides that have
40:17 occurred since uh the 1990s
40:20 have not been on steep slopes
40:23 they've been on slopes that are less
40:25 than 40 percent
40:27 examples of those are
40:29 talus parcel 9
40:31 the foothills landslide
40:35 goody place
40:37 and the west side reservoir
40:39 those were on not on steep slopes
40:44 so in your professional opinion mr
40:46 johnson
40:47 what do you think of the current
40:48 regulations
40:53 i think the current regulations you talk
40:55 about the ones that we are proposing or
40:57 the ones that are in existence now the
40:59 ones that are in existence now
41:03 in my professional opinion they needed
41:06 to i thought the the codes as oppo
41:10 where it came to buffers
41:12 was pretty adequate i thought they
41:15 needed some help in
41:18 defining the roles of the
41:21 uh professionals involved in the
41:23 analysis
41:25 of the critical areas
41:27 and some rigor in uh
41:30 the critical areas reports themselves
41:33 uh and and in the peer review process
41:37 because i think
41:38 everybody really wants to do the right
41:40 thing when it comes to to critical area
41:43 slopes
41:45 and also other critical areas but
41:48 sometimes they lack the guidance
41:50 so i thought getting better guidance in
41:52 their in the uh code about what is uh
41:55 needed and what is uh expected of the
41:58 applicants and their professionals to to
42:00 look at uh in preparing these reports
42:04 i didn't think that you know except in
42:07 the occasional sections that we really
42:09 needed more
42:10 uh regulation like buffers and things
42:12 like that there were a couple
42:14 situations like that
42:16 great thank you
42:21 okay thank you commissioner voice i'm
42:23 not sending any uh additional questions
42:26 so let's go ahead and go into uh the
42:28 deliberations of the questions
42:31 um so question one should steep slope
42:34 buffer reductions be further tightened
42:36 if so one option is stated and if the
42:39 vertical height of the slope is more
42:40 than x feet
42:42 based on science then it is ineligible
42:44 for buffer reduction
42:47 so if we can go ahead and answer that
42:50 question or come up with a consensus on
42:52 it uh i think that would help jim a lot
42:54 and then we'll get question two in
42:56 question number three
43:04 and commissioner milligan comment
43:07 i'll go ahead and break the ice because
43:09 i i'm uh commissioner milligan here 90
43:11 milligan
43:15 i think what i want to say is that
43:19 as far as buffer reduction is concerned
43:21 we already have a floor
43:23 that a steep slope is not
43:26 a hazard unless it's over 20 feet
43:29 so we've already taken into
43:31 consideration the assumption that was
43:33 made in the beginning of the slideshow
43:35 and was somewhere in our packet that if
43:37 it's you know a couple feet high but
43:38 it's steep it's not going to be a hazard
43:40 because there's not
43:42 a lot of um there's nowhere to go
43:45 so we've got a 20 foot
43:47 base already however i am following the
43:51 the logic here and
43:53 and tend to agree with the idea that
43:57 uh there should be
43:58 a more um a variable approach based on
44:02 the circumstances indeed but i think
44:05 that it's oversimplifying just to say
44:07 that
44:09 um 40 or more whatever it is
44:13 based on its height should have a buffer
44:16 reduction i think there might and i
44:18 don't know how you would do this but i'm
44:19 hoping that there's something that's a
44:21 little more sophisticated
44:23 that a steeper slope with a shorter
44:27 run
44:28 would have less of a buffer reduction
44:31 than a 40 percent slope with a shorter
44:34 run if you if i'm saying that correctly
44:36 i think there's there's one more
44:38 calculation that comes into this math
44:40 uh i'll leave it to you to think about
44:42 that um but i do appreciate the
44:44 variation but i also want to
44:47 recognize that between
44:49 40 slope and some of these really steep
44:52 ones like chair fall was bringing up
44:54 there's a lot to work with there
44:56 and then uh in closing though i want to
44:59 really amplify
45:02 the um comments about the peer review mr
45:05 johnson made a really great point that
45:07 um harken me back to previous um
45:10 applications that came through me as a
45:11 land use commissioner approving things
45:14 that uh i sometimes felt that the rigor
45:17 of the review and the information that
45:19 was brought to me and it said hey it's
45:21 okay to build here
45:22 um was not convincing
45:25 and i think that we're not being asked
45:27 that question but i am so glad you
45:28 brought that up that uh wherever you can
45:32 increase
45:33 the
45:35 veracity and of the
45:38 study itself that is being brought to
45:40 the staff
45:42 i think that is one place where we have
45:44 more need for improvement
45:46 thank you
45:50 thank you commissioner milligan and
45:51 commissioner voice you have the floor
45:54 great thank you chairfell
45:57 so i'm ultimately someone who likes to
45:59 give you guys a lot more flexibility
46:00 than maybe some other people
46:02 i don't see why we pick out arbitrary
46:05 numbers i know again trying to harken
46:07 back to a couple meetings ago someone
46:09 just well let's just do either do half
46:11 or 50. and again we're not technical
46:12 experts so when i hear some people just
46:15 throw out these numbers
46:16 um sometimes it just seems arbitrary to
46:18 me i like what nina had just mentioned
46:20 commissioner milligan
46:22 and uh as well as you mr johnson about
46:25 tightening up some of these peer reviews
46:27 getting a better definition of who
46:29 qualifies as an expert
46:31 but ultimately each of these situations
46:33 are different and unique you're already
46:35 going through the process of looking at
46:37 the site independently
46:39 so again i'm going to favor more
46:41 flexibility
46:42 towards
46:44 the scientists i mean right that's the
46:45 whole point we're supposed to be
46:46 listening and following the science so
46:48 my understanding would be why don't we
46:50 let the people who are the experts the
46:53 engineers to come in
46:55 because i don't know what the number is
46:57 and i'd i'd be lying to say that's 10 or
46:59 20 feet i don't know
47:01 i do know we have a dwindling land
47:03 supply
47:04 so it would have been a shame if the
47:06 sunrise apartments weren't able to be
47:08 built
47:08 there because in the big picture um the
47:12 lead the less amount of building we're
47:14 able to do especially as we start
47:17 becoming more compact
47:19 the more the less affordable is the quad
47:21 is going to be so i think we have to
47:23 look for some unique ways and some
47:25 flexibility and i think this is one area
47:27 where again we're already talking about
47:29 a very small amount of critical areas
47:31 that have to trigger this review but
47:34 once the reviews in there and again i
47:35 agree we should have people that are
47:37 better defined at what they're doing
47:39 again not not a staff report
47:41 but if they're already going through
47:42 this critical review process bringing in
47:44 experts from the state um to me that
47:47 should suffice
47:50 that's my two cents
48:27 chair fall you're muted
48:31 thank you sorry uh are there any
48:33 additional uh oh here's an additional
48:36 comment right here uh commissioner lewis
48:41 thank you chairfall commissioner joy
48:42 lewis uh to put it quickly i'm gonna say
48:45 yes um that we definitely need to be um
48:47 tightening up the restrictions but i am
48:50 not at this point um a proponent of
48:53 making anything ineligible again i want
48:56 to rely on our team of experts i know
48:59 that our staff does right this isn't a
49:01 number that even our staff is able to
49:03 pull out and say this is the right place
49:05 to fit because again slopes and
49:07 properties are different and so i don't
49:08 want to have an absolute value that
49:10 we're giving of saying that this is what
49:12 it is
49:13 the same way that we would maybe in
49:15 other areas of our code
49:17 so i certainly want to allow for that
49:19 and i want to also
49:21 echo the comments of nyneb commissioner
49:23 milligan to be able to say that
49:26 i have also seen
49:28 reports come to me where they haven't
49:30 necessarily proven the point but they
49:32 check the box and what we want to do is
49:34 make sure that we are acting on
49:36 information that we believe is in the
49:38 best interest of the individual property
49:40 and of the community rather than
49:42 necessarily the applicant who's looking
49:44 at it from more of an economic
49:46 standpoint than a safety standpoint so i
49:49 i want us to be able to strike that
49:50 balance if that that's helpful thank you
49:58 thank you commissioner lewis
49:59 commissioner zargoza
50:01 thank you chair richard zaragoza i
50:04 i'm in uh
50:08 commissioner voices camp i think if
50:10 we're increasing
50:13 the quality of those reviews
50:15 then that gives us the flexibility to
50:17 make the right choices based on science
50:19 for that particular slope
50:22 if that's the case
50:25 then
50:26 i mean i'm i feel like i'm fine with not
50:29 with
50:31 with not tightening or not uh
50:34 you know making anything ineligible
50:37 um automatically
50:38 if there's a peer review
50:40 if there's quality science that says you
50:43 know
50:44 we can have flexibility here we can
50:45 reduce that if if if safe then i think
50:49 that's enough
50:52 that's it thanks okay thank you
50:54 commissioner zargozo okay so to address
50:57 question one
50:59 if i'm
51:00 understanding this correct
51:03 there is a general consensus to say that
51:09 we want
51:10 more educated
51:14 reports and analysis done on steep
51:17 slopes
51:18 and more emphasis on
51:20 qualified peer review
51:23 to allow
51:24 development
51:26 in the buffer zones
51:28 of steep slopes
51:31 commissioners nods yes is that kind of
51:33 where we're going with this
51:36 i'm just going to unmute myself
51:38 commissioner voice i think what we all
51:40 agreed upon even if um
51:42 we might have gone a little bit like
51:43 this is again a better definition of who
51:46 qualifies as an expert
51:49 to the commissioner lewis and
51:51 commissioner milligan's point is again
51:53 that you know the reports
51:55 should be heavily weighted because of
51:57 the time the process it takes but yeah
51:59 we don't want to see reports that check
52:01 boxes but if we can get that tightened
52:03 up i think we can all agree at the very
52:05 least we can rely on these reports a lot
52:08 more than just having arbitrary
52:09 standards i don't know if that anyone
52:11 would agree with that
52:12 um it doesn't necessarily mean there
52:14 can't be
52:15 like you know and this is one thing i'll
52:17 just say for me i i appreciate
52:18 commissioner lewis saying we want some
52:20 consistency so people know i think my
52:23 point is if we're going to go through
52:24 this we're going to tighten up what
52:26 qualifies as a peer review we're going
52:28 to qualify who can actually conduct
52:30 these um then we should allow it to have
52:33 the weight
52:34 that you would think it would have but i
52:36 think at least we all agree that yes
52:38 stronger peer reviews better definitions
52:41 of who qualifies as an expert
52:44 and uh
52:46 planar johnson do you have any
52:48 questions
52:49 regarding our
52:54 discussion around question one
52:57 or did we were we able to answer your
52:59 question
53:00 sure if i may chair fall um i think what
53:04 we asked was should we leave the 50-foot
53:07 buffer and and allow reductions based on
53:11 science and specific
53:13 requirements the way the code is written
53:15 right now we have tightened the
53:16 requirements for
53:18 experts we've defined geologists hydro
53:21 geologists and who needs what if there's
53:24 water then you also need you know this
53:26 expert to weigh in all those things are
53:28 already in you in the draft so those
53:30 have been tightened
53:32 we also have titan what this critical
53:35 area study should include so that's a
53:37 pretty robust um rewrite of the
53:41 requirements in the report
53:43 um the setback was left at 50 feet but
53:46 there was additional criteria added for
53:48 when we would grant it it won't be
53:51 so arbitrary of you know this someone
53:54 made a case and we would grant them but
53:55 there was there's a specific criteria in
53:57 the code
53:58 now which didn't exist before so it's
54:01 more robust criteria for approval the
54:03 question we asked was is that enough or
54:06 should we change that number 50 feet to
54:10 be a sliding scale you know we don't
54:13 need to figure out what that math
54:14 formula is today that would be something
54:16 we'll rely on jim to come up with
54:18 options and analysis for a future time
54:21 but is 50
54:23 okay or do we need to kind of go back
54:25 and look at that formula on a sliding
54:27 scale based on some characteristics of
54:29 the slope
54:32 so i heard three of you say yes two of
54:35 you are satisfied with 50 feet
54:38 uh commissioner milligan has a question
54:42 i have a comment
54:44 thank you paul
54:46 commissioner milligan
54:48 uh thank you for
54:50 trying to
54:51 help the staff listen to us
54:53 but i want to say here that you know we
54:56 are a voice about this but they're
54:58 talking to the public they're talking to
55:00 other boards and commissions
55:01 and
55:02 and i don't
55:04 know that we have to agree
55:07 this group
55:08 to provide valuable information to our
55:11 to the staff because the staff is going
55:13 to be weighing not just what we say but
55:16 the other things that they learn as they
55:19 take these things around so i appreciate
55:21 the
55:22 a variety of voices that we've had
55:24 tonight and we've listened to each other
55:26 and i think that we've
55:28 provided some rich feedback i don't
55:30 think that we all agree and i don't
55:31 think we have to
55:33 that's fine we can just capture that but
55:35 you will be making a recommendation to
55:37 council
55:38 um so um that's where we'll capture this
55:41 is it wasn't you know three to two
55:46 in support of yeah great
55:49 oh oh there's uh commissioner bader
55:53 you want to weigh in
55:56 i don't even know what you're talking
55:58 about
56:02 good answer
56:04 well welcome uh commissioner bader uh
56:07 okay commissioner zaragoza you have a
56:09 comment
56:10 thank you chair uh richard siricos i
56:12 just wanted to clarify that um
56:15 yes what what uh
56:18 what what you what minnie just said
56:20 um i think the 50 feet
56:22 as it is now is adequate with the
56:24 increase in the quality of the reports
56:28 that's it okay thank you commissioner
56:30 zargozo
56:32 okay uh so i'm actually going to be in
56:35 uh nina's camp commissioner milligan's
56:37 camp uh i think she's right i don't know
56:40 that we're all going to exactly agree
56:42 with this but by the time you get done
56:44 floating this around to different
56:47 boards and different in city council
56:49 you're probably going to come up with a
56:51 slightly different answer
56:54 okay so question number two
56:58 oh let's see we have a commissioner
57:00 voice has one more comment here
57:05 you caught me as i was typing in
57:07 nevermind
57:10 oh okay uh okay going moving on to
57:13 question number two should additional
57:15 research be undertaken for additional
57:16 protections for peak that is not
57:18 regulated as a wetland if additional
57:20 protections for pete are desired by ppc
57:22 then additional researchers need to
57:24 answer the following questions
57:29 so what types of quantity of p
57:31 deposits are environmentally significant
57:33 and worth protecting
57:35 what types of geotechnical design
57:37 standards can be used to minimize peat
57:39 removal in development areas
57:41 and can the decay and release of co2
57:43 from be prevented from excavation by
57:46 re-burial in another location
57:49 uh comments on
57:52 question number two
58:01 and commissioner lewis do you have the
58:02 floor
58:04 thank you chair follow commissioner joy
58:06 lewis jim i really appreciate you what
58:08 you said something earlier about pete's
58:09 because it was my big point um when i
58:12 that i was coming to prepare it is that
58:13 there are different types of pete
58:16 and without a code that addresses that
58:18 it feels completely inadequate so i have
58:21 a resounding yes i would love for staff
58:24 to be able to tell me more about this is
58:27 what we need to do to be able to answer
58:29 these questions i need to hire an expert
58:32 i'm going to go to council and say this
58:33 is how much it's going to cost i would
58:35 love to be able to say have staff be
58:37 actually presenting to me saying if you
58:39 want to go this route this is what it is
58:41 because from this standpoint from where
58:43 i've been reading we are wholly
58:45 inadequate in our code of addressing
58:47 pete
58:48 i can tell you from just a water
58:50 standpoint when we want to talk about
58:52 how we're recharging our critical
58:54 aquifers
58:55 how we're directing groundwater pete is
58:57 very important and the idea that we
58:59 would say
59:00 uh i think it's sort of covered in most
59:04 critical areas but i am not being
59:06 provided a map of what is and isn't i'm
59:09 not being told what areas are not
59:11 covered right the language we had in our
59:13 document showed we overwhelmingly need
59:16 to have more research done on this to be
59:18 able to properly address it and we need
59:20 to be also informing our code of saying
59:22 what types of peat we want to cover
59:24 because there is a variety of things
59:27 uh that are not being looked at right
59:29 now so i hope that helps thanks
59:34 thank you commissioner lewis and are
59:35 there any additional comments
59:40 and commissioner zorgozzo you have the
59:42 floor
59:43 thank you richard sergosa i'll just back
59:46 joy i think knowledge is power so the
59:48 more we know about the pete and issaquah
59:49 uh that's always a good thing
59:53 thank you commissioner zargoza
59:55 commissioner voice you have the floor
59:58 i say also i want to say something about
1:00:02 now it's just it fits so well but
1:00:04 we want to keep this serious so
1:00:06 everything that commissioner uh seracosa
1:00:09 and commissioner lewis mentioned but i'd
1:00:11 also like to see a little bit of
1:00:12 analysis if we're going to do a deep
1:00:14 dive in a deep study i'd like to know
1:00:16 what it kind of costs the site
1:00:17 developers and the builders and all the
1:00:19 people that make our wonderful city a
1:00:20 city um what is also if we're going to
1:00:23 do an analysis let's do it
1:00:25 so let's also try and include that so
1:00:28 again some analysis about
1:00:30 what it costs to remove
1:00:32 dispose of
1:00:34 all of it so that would be my two cents
1:00:36 for that
1:00:38 and thank you commissioner voice
1:00:40 um so i'm actually going to be in i
1:00:43 think my back what commissioner lewis
1:00:45 said one of the questions that i really
1:00:47 have is what's the environmental impact
1:00:49 of removing it
1:00:52 are we better off leaving the peat there
1:00:54 what does it do to the land
1:00:56 things like that so going back to
1:00:58 analysis i think we need more analysis i
1:01:00 don't have i i can't answer question
1:01:03 number two because i just don't have the
1:01:04 expertise to do that but i think we
1:01:06 definitely need more research
1:01:08 and more
1:01:09 information to be able to make decisions
1:01:15 and so uh planner johnson does that
1:01:18 answer or address your question number
1:01:27 yes i think that gives a pretty clear
1:01:28 direction thank you
1:01:31 okay excellent and so moving on to
1:01:33 question number three
1:01:34 the proposed changes meet the goals and
1:01:36 outcomes for this update or are they
1:01:38 additional changes desired
1:01:40 comments
1:01:46 and commissioner lewis you have the
1:01:48 floor
1:01:49 thank you chairfall commissioner joy
1:01:51 lewis on question three i want to give a
1:01:52 resounding yes i think that goal number
1:01:55 one of protecting our force at hillsides
1:01:57 uh on this topic has been addressed and
1:01:59 i really appreciate the work from staff
1:02:01 thank you
1:02:05 thank you commissioner lewis and
1:02:06 commissioner milligan the other floor
1:02:10 thank you nina milligan here uh i want
1:02:12 to say uh yes and thank you too to the
1:02:15 staff uh for the work one thing that i
1:02:18 have been sharing with the public is
1:02:20 that gosh you know if if you don't get
1:02:22 everything you wish for this christmas
1:02:24 uh this is such an improvement
1:02:27 and that i'm so glad we're heading this
1:02:29 direction and i want to point out one of
1:02:30 my favorite things
1:02:32 that was in our packet but not in the
1:02:34 discussion and that is under the
1:02:35 significant changes list
1:02:38 under general
1:02:39 uh where it says the residential density
1:02:41 with sites containing critical areas can
1:02:43 only use the developer book area when
1:02:45 determining the allowed
1:02:47 residential units and i just want to
1:02:50 thank you for that
1:02:52 that's it
1:02:55 and thank you commissioner milligan
1:02:57 and i am not seeing additional comments
1:02:59 based on question number three so again
1:03:02 thank you very much for organizing that
1:03:05 uh and i think we're moving on to
1:03:07 wetlands
1:03:13 actually our
1:03:14 second topic will be uh cara
1:03:17 the critical aquifer recharge um
1:03:22 uh if that's all right with the
1:03:23 commission we want to let some of the
1:03:25 staff go who are here uh just for that
1:03:29 special topic
1:03:31 i'm seeing head nods so i'm going to go
1:03:33 ahead and share the screen that's fine
1:03:41 all right thank you i am as you may
1:03:43 remember i'm gary simmik i'm your
1:03:47 utilities engineering and environmental
1:03:49 program division uh manager
1:03:52 uh we also have with us our cara
1:03:56 subject matter expert julie wartes who
1:03:58 will answer any uh
1:04:00 detailed questions you might have
1:04:02 so cara let me just start out with two
1:04:05 two context pieces uh one i think we're
1:04:08 really lucky to be having this
1:04:10 discussion uh because a lot of our
1:04:12 neighbors don't have a recharge area
1:04:15 reminder that about 40 percent of our
1:04:17 water comes from our aquifer redmond
1:04:19 where i where i used to work also have
1:04:21 that and a few other locations
1:04:24 so this helps us reduce our rates but
1:04:27 it's also an amazing resiliency for us
1:04:30 in the case of an emergency to have
1:04:32 water from our aquifer so i just
1:04:34 uh just want to heighten the importance
1:04:37 of this this is
1:04:39 because of that
1:04:40 uh the second piece just of context i
1:04:42 did mention i used to work for for
1:04:44 redmond and right before i left we
1:04:46 finished this exact work which i had
1:04:49 worked on for two years so some of the
1:04:51 changes your proposals you're going to
1:04:53 see are from the work that i i
1:04:55 incorporated that i conducted at redmond
1:04:57 and brought here
1:04:59 uh that again was a was done on as
1:05:01 you'll see here on the basis of sound
1:05:04 science
1:05:05 so again the car um this is for our
1:05:09 aquifer that provides us potable water
1:05:11 um it also feeds of course our receiving
1:05:14 water bodies and lake samanage so it's
1:05:16 really not not just about our water
1:05:18 supply which is of course hugely
1:05:20 important but also for the environment
1:05:22 and our major changes
1:05:24 again as you've noticed through the the
1:05:26 staff report our increased car
1:05:28 classifications our revised map
1:05:31 developed triggers for studies and then
1:05:33 prohibited and restricted uses we could
1:05:36 go on to the next slide please lucy
1:05:39 so this could be a shopping shocking map
1:05:42 but i i just want to tell you that what
1:05:44 you're going to see here from the new to
1:05:46 the old is based on the best science
1:05:49 and i also really want to emphasize that
1:05:51 this uh quite dramatic change in the
1:05:54 mapping we also experienced at redmond
1:05:57 and that is because the the science has
1:06:00 changed
1:06:01 uh since this has last been done 2004 we
1:06:03 did the last update in 2001 at redmond
1:06:06 and we saw a much larger area
1:06:08 that's because of the tools that we use
1:06:11 the the software but also because of the
1:06:13 data that's available thanks to the uw
1:06:15 and other places that have a lot of
1:06:17 geological records
1:06:19 so um
1:06:20 that's why this quite drastic change uh
1:06:24 is occurring so on the left we see the
1:06:26 existing map
1:06:27 uh which have three classifications and
1:06:30 we're proposing to go to four
1:06:32 and what i just wanna to share with you
1:06:34 here the the
1:06:36 big change here is
1:06:39 globally the the ten year uh travel time
1:06:43 so again that's
1:06:44 the time that it takes a drop of water
1:06:47 hits the ground percolate and get to one
1:06:49 of our wells
1:06:50 so that's the blue light blue in on the
1:06:53 right side
1:06:54 uh as compared to
1:06:56 um the green
1:06:58 on the left side so a larger area again
1:07:03 based on best science but that's that's
1:07:05 kind of the really big development here
1:07:07 and again based on geology and
1:07:11 particle transport
1:07:12 uh so the four areas that we have uh uh
1:07:17 on the car a class one
1:07:19 is a high or uh medium uh recharge
1:07:23 potential
1:07:24 and then five years
1:07:26 to reach our well cara 2 is again that
1:07:29 one or five-year boundary to reach our
1:07:33 but a lower recharge potential so soils
1:07:36 that don't allow as much infiltration
1:07:39 class 3 then goes to a 10-year travel
1:07:42 time to get to our wells with a higher
1:07:45 medium infiltration and then
1:07:48 again the last classification which is
1:07:50 the beige
1:07:52 class 4 is that 10-year time to get to
1:07:55 our wells but a very low infiltration
1:07:59 so let's see if you could go to the next
1:08:01 slide please
1:08:04 so um we're gonna you know get to your
1:08:06 question but let me just kind of
1:08:07 summarize at a high level these changes
1:08:10 and if you have any questions
1:08:12 julie or myself could answer them but
1:08:14 again the specific changes we're talking
1:08:15 about are going to that forward
1:08:17 designation based on the hydrologic
1:08:19 study
1:08:20 and incorporate
1:08:22 that map into our code
1:08:26 you also noticed as part of the uh
1:08:28 package uh
1:08:30 prohibited and restricted uh use types
1:08:32 that we will be incorporating and again
1:08:35 uh and then also um requirements for
1:08:37 best management practices
1:08:40 i want to say a couple things about
1:08:41 those a lot of those came from my work
1:08:43 at redmond that we brought here just
1:08:45 talked about them in detail with many
1:08:48 and other scientists across the city and
1:08:49 thought they would be a good fit here
1:08:52 but i also want to just emphasize
1:08:55 they're a balanced approach we believe
1:08:57 they're a balanced approach they're
1:08:58 based on science
1:09:00 we're trying to protect our aquifer
1:09:02 protect our environment with this but
1:09:04 we're also trying to
1:09:07 as i think one of the commissioners
1:09:09 mentioned uh not completely restrict
1:09:11 business practices right we want to
1:09:13 encourage businesses
1:09:15 um so we're not trying to eliminate
1:09:17 everything from the area but we're just
1:09:19 we're trying to eliminate um
1:09:22 actions
1:09:23 of businesses that practices practices
1:09:26 that could cause harm so i'm hoping we
1:09:29 are striking that balance with the code
1:09:31 that you
1:09:32 see and then finally there yes there is
1:09:35 more research to do just like uh in the
1:09:37 last presentation with steep slopes
1:09:39 there's much more work we can do with
1:09:40 the science
1:09:42 as it's always evolving and i just want
1:09:44 to highlight a few things we're going to
1:09:45 continue to working on
1:09:47 that that probably won't make it into
1:09:48 this code but the next time around
1:09:50 you'll probably see some changes we want
1:09:52 to evaluate the practices
1:09:54 that could inhibit redirect or reduce of
1:09:57 the volume of groundwater flow reaching
1:09:59 our wells
1:10:01 we also want to look at uh in
1:10:03 combination with that what dewatering
1:10:04 temporary construction watering might
1:10:07 to do with how the groundwater is moving
1:10:10 around and reaching our wells
1:10:13 and that other underground construction
1:10:15 activities such as sheep pile driving
1:10:18 what does that do from a water quality
1:10:20 perspective so we're going to be looking
1:10:21 into that more
1:10:23 and then also infiltration guidelines is
1:10:26 something we need to look
1:10:28 we are looking into that as you've uh
1:10:30 seen with our stormwater code but that
1:10:32 is a as again a topic that continues to
1:10:35 be emerging and involving so we need to
1:10:37 follow that
1:10:39 so um that's what we have here today
1:10:42 again those are the significant changes
1:10:44 the regulated activities and then the
1:10:46 continuing research we're going to do
1:10:48 so that just will pose uh this question
1:10:50 to you uh but if you need to ask us any
1:10:53 questions before you
1:10:56 get to that question just feel free to
1:10:58 ask us thank you very much for your
1:11:00 attention
1:11:05 and thank you uh planner schmidt uh okay
1:11:08 let's go ahead and open up two questions
1:11:11 question or
1:11:12 they like us to address is
1:11:14 do the proposed changes meet the goals
1:11:16 and outcomes of this update or are there
1:11:18 additional changes desired
1:11:21 comments
1:11:24 questions okay and the first
1:11:27 comment is from commissioner voice you
1:11:29 have the floor
1:11:31 thank you chair uh yes i do believe they
1:11:34 do meet the goals
1:11:36 and outcomes i'm looking forward to
1:11:37 hearing a lot more uh coming up
1:11:41 and again
1:11:42 because this is what i do i'd like to
1:11:44 hear a lot more about some of the
1:11:46 negative impacts that might come from
1:11:48 classifying these entire regions
1:11:51 as you kind of alluded to mr schimek
1:11:53 but no i definitely believe it's it's
1:11:55 what the city wants i believe it's
1:11:57 it's definitely the right direction that
1:11:59 people are calling for but again
1:12:01 definitely interested also to see some
1:12:03 of those negative offsets along with the
1:12:04 positive ones definitely want to hear
1:12:06 about the positive ones but i know i'm
1:12:08 sure i'm going to hear about the
1:12:09 positive ones so
1:12:10 definitely want to hear about some of
1:12:11 those things about building and
1:12:12 development um but yes i do believe it
1:12:16 fulfills the goals and outcomes so thank
1:12:18 you thank you
1:12:20 thank you uh commissioner voice
1:12:22 commissioner lewis you have the floor
1:12:25 thank you cheerful commissioner joy
1:12:27 lewis
1:12:28 thank you for being with us gary i have
1:12:29 a question about infiltration um and
1:12:33 it's gonna be a little bit of a giving
1:12:35 question um
1:12:36 we decide to asphalt the entire uh
1:12:40 area and we have limit our reductions in
1:12:42 our buffers how's that going to be for
1:12:44 our aquifers not so good right
1:12:47 oh you know
1:12:48 it's a great point and um
1:12:51 what if you know if you pave over
1:12:53 everything you got you got you know
1:12:54 there's a benefit of that right in some
1:12:56 sense of nothing can infiltrate right uh
1:12:59 but then the negative is that we're
1:13:01 losing all that capacity now remember we
1:13:04 we do we do have a fairly large we you
1:13:07 know uh recharge area outside of the
1:13:10 city right so that's that's absolutely
1:13:12 something we have to take into account
1:13:14 but uh not having that localized right
1:13:18 infiltration uh would hurt us in a
1:13:20 couple ways just volume of course
1:13:23 but then flooding right
1:13:26 we we are counting on a good portion of
1:13:29 that water infiltrating uh feeding
1:13:31 aquaphor without you know without um
1:13:35 without the contaminants right that's
1:13:36 how we have the code so we want that to
1:13:39 seep in
1:13:40 so we can reap the benefits of it by
1:13:42 converting that to our water supply but
1:13:45 also then reducing the the flooding so i
1:13:47 think that it's a it's a twofer there in
1:13:49 in cases that if that makes sense
1:13:52 it is it does uh when we when we talk
1:13:54 about infiltration
1:13:56 uh for our groundwater
1:13:59 would love for us to really be talking a
1:14:02 little bit more about how those changes
1:14:03 have been happening i appreciate the
1:14:05 updated map it's been needed for a long
1:14:07 time uh and i think it's very
1:14:09 interesting to start looking at the
1:14:10 changes that we've had to our aquifer
1:14:12 and how infiltration has changed we see
1:14:15 around the west a growing need to be
1:14:18 looking at how this is changing and
1:14:20 actively changing
1:14:22 and i'd like to
1:14:24 encourage the city to be looking at how
1:14:26 we better protect our aquifer
1:14:29 and i think that a big part of that is
1:14:31 changes to infiltration that we've seen
1:14:33 over the last 30 years
1:14:35 and being able to have that science to
1:14:37 bring to our boards and commissions at
1:14:39 the council to be able to say this is
1:14:40 why we need greater protections
1:14:43 i really appreciate the the comments
1:14:45 you've made about
1:14:46 about best practice management i do
1:14:48 think it needs further investigation uh
1:14:51 and i i get i really appreciate the work
1:14:53 that's been done on this and i i hope
1:14:54 that it continues so thank you thank you
1:14:57 commissioner listen i just want to add i
1:14:58 know your comment about the asphalting
1:15:00 is somewhat tongue-in-cheek but um i
1:15:03 will remind you one one of the items
1:15:05 that i mentioned in a previous
1:15:06 presentation that we're going to look
1:15:08 for one-time funding is is a climate
1:15:11 climate change analysis on water supply
1:15:13 and our water supply and one of the runs
1:15:15 no joke uh will be to cover up the city
1:15:18 limits with with basically that'll be
1:15:21 impermeable and see what would happen so
1:15:23 we actually are going to propose to run
1:15:25 something like that so we can actually
1:15:27 really get to the heart of your your
1:15:29 question
1:15:30 i love it thank you very much you're
1:15:32 welcome thank you
1:15:34 and thank you uh commercials and uh
1:15:36 planner schmidt i have a question here
1:15:39 i don't see any questions after me
1:15:42 uh going back to the map can you show
1:15:44 the map that you had up there about the
1:15:48 the 2004 comparison lucy can you help me
1:15:51 out there
1:15:57 yeah there you go okay so i'm looking at
1:15:59 the map here created in 2019
1:16:02 how much of this area is peaked and my
1:16:05 next question is
1:16:06 does peat absorb more water than
1:16:10 the ground so if we
1:16:13 and if that's true
1:16:15 then would getting rid of the peat then
1:16:17 impact our aquifer
1:16:20 great question i i do not i will i will
1:16:22 be happy to work with mr johnson on that
1:16:25 i don't have uh unless julie i'm not
1:16:26 sure if you know our pete layers
1:16:28 uh as well that i i know i've done a lot
1:16:30 of work on pete area in seattle in the
1:16:33 in the greenwood area where there were
1:16:35 significant peat issues as if any of you
1:16:37 have been there uh there's a lot of
1:16:39 lopsided roads uh because of the peat
1:16:42 issues there but that's something that
1:16:44 i'd be happy to look at and see what
1:16:46 percentages
1:16:47 and and how it would uh you know relates
1:16:50 to to this infiltration uh kyra issue
1:16:54 julie anything on your end that you uh
1:16:56 would want to add on the pete issue
1:16:59 no julie where he's staff resource for
1:17:01 public works here no i think you nailed
1:17:02 it gary that's certainly an area that we
1:17:04 could look into and better understand
1:17:07 great question though thank you
1:17:09 okay uh and i don't see any additional
1:17:12 questions so let's go ahead and
1:17:15 can we come up with a consensus to
1:17:16 answer question number one for
1:17:19 uh planar schmick
1:17:23 do we feel that
1:17:24 the proposed changes meet the goals and
1:17:26 outcomes for this update
1:17:30 i'm seeing everyone's giving heads so uh
1:17:34 answer is yes uh
1:17:36 plainer schmick do you have any
1:17:37 additional questions for the
1:17:39 commissioners before we let you go thank
1:17:41 you very much for the feedback
1:17:42 especially on the peak question we
1:17:44 really like said there's always more uh
1:17:47 an evolving science so we're gonna julie
1:17:49 and i will be always keeping our eye on
1:17:50 that emerging science so thank you for
1:17:52 that your comments and your continued
1:17:54 support
1:17:56 excellent well thank you very much for
1:17:57 coming tonight and lucy uh it's back to
1:18:06 thank you uh we're now going to get a um
1:18:09 three or four header with doug yormick
1:18:13 handling aquatic
1:18:14 critical areas
1:18:18 um i and i need to make him uh sorry i
1:18:22 need to make him a presenter
1:18:31 lucy before we dive in there i just want
1:18:33 to make an update here it time is 7 50
1:18:40 this looks like a quite a big topic here
1:18:45 well we'll see where we get to
1:18:50 hey lucy commissioner joy lewis uh we're
1:18:52 jumping around the packet a little bit
1:18:54 do you mind us starting us off with what
1:18:56 page we're doing right now
1:18:58 i will figure that out we are um
1:19:02 we're going to do uh doug can you get to
1:19:04 the first page of yours
1:19:07 i believe it is going to be wetlands
1:19:10 streams
1:19:12 uh the corridors and then shoreline
1:19:15 master program
1:19:16 uh in the order you see on your screen i
1:19:19 apologize that was a great um point
1:19:27 do you need me to provide
1:19:29 it's page 36 right
1:19:52 okay good evening
1:19:55 um i'm associate planner doug yormick
1:19:59 i have a few topics to discuss with you
1:20:01 and i will try to make this as brief as
1:20:02 possible so you can get into your
1:20:04 deliberations since we're pretty
1:20:05 crunched on time
1:20:08 first topic is that we'll be talking
1:20:11 about is wetlands
1:20:13 major changes that we've we've done with
1:20:15 wetlands was eliminate the 25 buffer
1:20:18 reduction for wetlands
1:20:20 and to incorporate the latest ecology
1:20:22 guidance
1:20:24 um other changes were eliminating the
1:20:26 density credit calculations for critical
1:20:29 areas this allowed for development to
1:20:32 transfer some
1:20:33 some developable area into from the
1:20:36 critical areas to the developable site
1:20:38 area we've eliminated most of the
1:20:40 stormwater facilities from wetlands so
1:20:44 level spreaders bubble up structures
1:20:46 vaults those won't be allowed in wetland
1:20:49 buffers
1:20:50 and then
1:20:52 if a wetland buffer meets certain
1:20:53 criteria
1:20:55 we will require vegetative enhancements
1:21:04 um here is a slide of
1:21:07 our current wetland buffer widths and
1:21:09 our proposed buffer widths under
1:21:11 ecology's guidance we now go to
1:21:14 a land use intensity so low moderate and
1:21:17 high depending on what the adjacent land
1:21:19 use is or what the proposed land use
1:21:21 says currently we don't implement
1:21:23 anything like that so we just have
1:21:25 straight buffer sizes based on habitat
1:21:27 score so now it will be slightly
1:21:29 variable but i'd like to just mention
1:21:31 that most of the development that we
1:21:33 would see in and around wetlands and
1:21:35 issaquah will more than likely be high
1:21:37 any sort of urban development commercial
1:21:40 residential that's greater than one unit
1:21:42 per acre so
1:21:43 we're we're large we're mostly going to
1:21:45 see the larger buffers throughout
1:21:46 issaquah
1:21:52 and then um
1:21:54 besides the rest of the wetland update
1:21:57 based on the comments from from the
1:21:58 public staff seeks additional input on
1:22:02 the normal maintenance and repair for
1:22:03 private roads to be included in the
1:22:05 exemptions from the critical area
1:22:07 regulations um we would match private
1:22:10 roads similar to the exemption that we
1:22:12 already provide for public roads
1:22:48 chair fall i believe you're muted
1:22:50 oh yeah i am muted sorry about that
1:22:53 okay so moving on to the question here
1:22:58 shoot
1:23:00 to go
1:23:12 do the proposed changes meet the goals
1:23:13 and outcomes of this update let's go
1:23:15 ahead and open up for comments
1:23:18 i'm sorry comments let's open up for
1:23:20 questions are there any questions
1:23:24 and the first question is
1:23:27 commissioner voice you have the floor
1:23:32 not so much a question i was just going
1:23:33 to answer uh the road question real
1:23:36 quickly
1:23:37 um yes exemptions should be made we
1:23:39 don't want people ignoring
1:23:41 their roads and letting them fall into
1:23:43 disrepair because they're afraid they're
1:23:45 going to trigger something or have a
1:23:47 heavy burden placed on them so yes i
1:23:49 would think that we should have an
1:23:50 exemption for private roads
1:23:52 i'll come back to you with more
1:23:53 questions
1:23:56 and thank you commissioner voice
1:23:58 commissioner lewis you have a question
1:24:01 yes thank you commissioner joy lewis
1:24:04 doug i'm curious if we can have a bit of
1:24:06 a hypothetical of a real world situation
1:24:08 with this in regards to the question
1:24:10 page 35 number two on on private roads
1:24:14 being given a pass i i'm curious
1:24:17 basically
1:24:19 what would a proposed mitigation look
1:24:20 like if we decided to go that route
1:24:26 you it would have to mitigate for
1:24:29 just the square footage of the impacts
1:24:31 so if it's
1:24:32 if it's in a buffer it would be a
1:24:34 minimum of one to one uh ratio
1:24:39 i'd like to add like this
1:24:41 it gets out this would get you out of
1:24:45 the critical areas regulations there
1:24:46 would still be a permit review and
1:24:48 it would likely trigger in in most
1:24:51 instances if it if it met the size
1:24:53 threshold stormwater standards as well
1:24:55 would have to be upgraded
1:24:57 it's just that they wouldn't have to do
1:25:00 you know the buffer impacts that would
1:25:03 be associated with doing normal
1:25:05 maintenance and repair and this wouldn't
1:25:07 allow for any sort of expansion this
1:25:08 would just be repair so resurfacing
1:25:12 things like that
1:25:14 so but in by by allowing this for normal
1:25:17 maintenance
1:25:19 that means that we would have less
1:25:21 oversight correct we wouldn't be knowing
1:25:23 if it was being widened it's a private
1:25:26 and it doesn't need a review
1:25:29 no it would still get reviewed there
1:25:31 would still be permits required it would
1:25:33 just be it would be exempt from this
1:25:35 particular chapter but we would still
1:25:37 review it as a permit and would have to
1:25:40 meet the require that the development
1:25:42 standards in from other chapters
1:25:47 okay so right now uh all that would be
1:25:51 is that
1:25:52 your your question is about uh
1:25:55 those impacts needed to be mitigated
1:25:57 it's the city's position that they
1:25:58 shouldn't is that is is that how i'm
1:26:00 understanding it yeah it would be it
1:26:02 would be to align private roads similar
1:26:05 to the the exemption that we have for
1:26:07 public roads
1:26:10 thank you
1:26:14 okay and thank you commissioner lewis
1:26:16 commissioner milligan you have the floor
1:26:19 thank you chair fall 90 milligan here my
1:26:22 question has to do with wetland
1:26:23 mitigation uh and
1:26:25 through the review process of this part
1:26:28 of the title 18
1:26:30 i've heard from others and i've had the
1:26:32 same concerns myself about off-site
1:26:35 mitigation and pay in lieu
1:26:37 and i i wonder how the um draft code has
1:26:40 evolved
1:26:41 in response to those comments
1:26:45 yeah so we're we're in
1:26:48 a little bit of a
1:26:49 like a situation with when it comes to
1:26:52 other permits that are required for
1:26:55 direct wetland impacts
1:26:57 so if you directly impact a wetland it
1:27:00 gets filled
1:27:02 construct something on top of it there
1:27:04 are other permits with the state state
1:27:06 and federal agencies that you'll also
1:27:07 have to receive
1:27:09 one of those are our permits from the us
1:27:12 army corps of engineers and they will
1:27:14 have to approve any mitigation measures
1:27:17 as well
1:27:18 right now their policy is
1:27:21 um since we have a wetland mitigation
1:27:24 bank within our watershed that that's
1:27:26 the first priority
1:27:28 they they want to get away from
1:27:30 permanently responsible wetland
1:27:31 mitigation because it often fails
1:27:34 um so now this is an assurance that
1:27:36 there is no loss of of wetlands within
1:27:39 the watershed and this is their way to
1:27:42 ensure it um
1:27:45 we would like to see
1:27:47 wetland mitigation closer
1:27:49 but right now
1:27:51 in a lot of instances our hands are tied
1:27:54 receiving other federal permits and
1:27:56 state permits
1:27:57 we're
1:27:59 trying to create incentives for
1:28:03 having some sort of on-site mitigation
1:28:05 as well but this would be voluntary
1:28:08 on on their part and not necessarily
1:28:10 required since they're already
1:28:12 the impacts that they're already
1:28:14 creating are being offset
1:28:19 it would be going above and beyond and
1:28:22 and legally
1:28:23 kind of in a sticky situation there
1:28:26 okay so then if i can rephrase just to
1:28:29 refine the question
1:28:31 in our new draft code have we done all
1:28:34 we can
1:28:40 to limit the distance of the mitigation
1:28:44 of a wetland whether it's with money or
1:28:47 off-site have we done all we can knowing
1:28:50 the complicated landscape or could we do
1:28:58 based on
1:29:00 the circumstances right now
1:29:02 i we are doing what we can um
1:29:06 short of a wetland mitigation bank or
1:29:10 having some sort of in-move fee program
1:29:12 within the municipal boundaries but that
1:29:14 would be a multi-year process and to get
1:29:18 it off the ground and
1:29:20 cost a significant amount of money so
1:29:22 that would that would have to be a
1:29:23 further discussion
1:29:26 with others in the city administration
1:29:28 and city council
1:29:33 okay and thank you commissioner milligan
1:29:36 okay uh so with that said
1:29:41 are there any comments to the question
1:29:46 i think we are in somewhat of a
1:29:48 consensus are we not
1:30:02 sure i'll join in uh commissioner joy
1:30:04 lewis here
1:30:05 i have serious concerns about how goal
1:30:07 three and four are being met right now
1:30:09 in the current proposed draft um
1:30:12 you know right now we're talking about
1:30:14 wetlands uh it's so that's a broader
1:30:16 comment for
1:30:17 for a couple of topics we have coming up
1:30:19 right now we do have increases in some
1:30:21 of the buffers of wetlands we also have
1:30:23 decreases uh and we have some that kind
1:30:26 of stay the same
1:30:28 when we talk about the goals of trying
1:30:29 to uh achieve goals three and four i
1:30:32 don't know that we have great
1:30:34 protections right now for wetlands um
1:30:36 and i certainly think that these need to
1:30:38 be readdressed uh
1:30:40 but uh
1:30:45 i i would like to see something
1:30:48 different and i'd certainly like to see
1:30:50 something that i think has more science
1:30:52 base to it rather than we've updated to
1:30:54 the current state ecology guidelines i
1:30:57 think that that is part of our goals i
1:31:00 think part of it too is to reflect the
1:31:02 community's desire for protection i
1:31:04 don't know that we've necessarily
1:31:05 achieved that
1:31:08 so the the ecology guidance is based on
1:31:11 best available science
1:31:14 and then they provide the information to
1:31:16 the city and and you're right in there
1:31:19 are some instances where buffers have
1:31:20 gone down
1:31:21 when this document was created in 2014
1:31:25 they've updated it recently to 2018 and
1:31:28 there were some wetland categories of a
1:31:30 certain habitat score where the buffers
1:31:32 were reduced
1:31:33 um and our numbers are reflecting the
1:31:37 the latest numbers from ecology on that
1:31:39 but they are based on on best available
1:31:42 science
1:31:44 i appreciate that i certainly find that
1:31:48 when we've been asking for an overhaul
1:31:51 specifically of this bucket that we're
1:31:53 looking at we haven't just wanted to
1:31:56 streamline right we haven't wanted to
1:31:59 only make our code up to date we also
1:32:02 want to provide greater protections i
1:32:04 don't know that we're achieving that so
1:32:07 uh i will i'll be the stick in the mud
1:32:09 on that thank you
1:32:14 and thank you commercial uh commissioner
1:32:15 milligan you have the floor
1:32:17 thank you nina milligan here
1:32:20 thank you for that chair uh commissioner
1:32:23 lewis but i'm gonna um
1:32:26 depart from your comment a little bit
1:32:28 based on my earlier comment that i think
1:32:30 this is so much better than what we had
1:32:32 now certainly it's not as good as we
1:32:35 want it to be and the answer to my
1:32:38 question about off-site mitigation and
1:32:39 painlu
1:32:41 you know maybe we can't do that with
1:32:42 this update of of title 18 but i
1:32:45 certainly don't want to wait any longer
1:32:47 to get the improvement that this draft
1:32:51 code brings us let's get there but i'd
1:32:54 like assurances or something maybe um we
1:32:57 already have this but how are how is
1:32:59 the improvements that we make a title 18
1:33:02 today not going to be static for going
1:33:06 forward because we know we can't get it
1:33:07 all done today for cost reasons time
1:33:10 reasons whatever it is i want to say
1:33:12 that the chart that shows um
1:33:15 the one current and proposed wetland
1:33:17 buffers from the department of ecology
1:33:22 providing those variable considerations
1:33:25 and not just one flat a two-dimensional
1:33:29 way of looking at things i think is
1:33:30 going to get us better compliance
1:33:32 so although it might not be
1:33:35 tighter as tight as we perhaps would
1:33:37 like it to be
1:33:39 if we get better compliance
1:33:41 it'll be an improvement
1:33:44 i support the
1:33:46 draft
1:33:49 code and then income into the
1:33:51 road regulations uh to have private
1:33:54 roads the same as public roads seems
1:33:57 only fair and that is my basis for
1:33:59 agreeing with that
1:34:03 thank you commissioner milligan and
1:34:04 commissioner bader you have the floor
1:34:06 yeah hi this is sarah bader and um again
1:34:08 apologies for joining late this evening
1:34:13 i guess it's a comment slash a question
1:34:15 um the comment piece of it is that i
1:34:18 remember over the summer or whatever it
1:34:20 was um that we were talking about this
1:34:21 the first time that
1:34:23 many i think it was you who said that if
1:34:25 we go above and beyond like best
1:34:27 available science we have to really
1:34:29 justify like why
1:34:31 is the quas wetlands are so much more
1:34:33 special than like all of the other
1:34:34 wetlands in the state and so
1:34:36 i think that if this matches best
1:34:38 available science and like that's to
1:34:40 nina's point kind of good enough um
1:34:43 and that as science evolves and this is
1:34:46 my question is kind of what is the
1:34:47 process for
1:34:49 then updating this right if that i think
1:34:51 the guidance is from 2014 if new
1:34:53 guidance is released in 2024 you know is
1:34:55 there an easy process to then update
1:34:57 this to now the new best available signs
1:35:01 yeah it would it would go through the
1:35:03 code update process
1:35:05 similar to anything else that would you
1:35:06 know be brought to you we brought the
1:35:08 council um
1:35:09 if ecology does provide that information
1:35:12 they typically provide a draft code for
1:35:15 you to also use to update
1:35:18 but that would it would just follow this
1:35:20 the same process that we would follow
1:35:22 for any other code update
1:35:27 all right thank you commissioner bader
1:35:28 uh so with that i guess we're concluding
1:35:34 so uh commissioner yorwick did or sorry
1:35:37 planner york did you have any additional
1:35:39 questions and were we able to answer
1:35:41 your question
1:35:43 um yes i believe i have i have
1:35:46 sufficient information on that question
1:35:48 that's fun okay
1:35:50 so with that said uh
1:35:52 lucy we're gonna
1:35:54 bring it back to you for the next site
1:35:56 of presentation
1:35:58 this will continue with doug
1:36:31 all right so
1:36:32 the next topic is streams um
1:36:36 similar to wetlands we've eliminated the
1:36:39 25 buffer reductions and are only going
1:36:42 to allow uh stream buffer averaging
1:36:46 um we've
1:36:47 updated our stream classification to
1:36:50 match uh fish and wildlife stream
1:36:52 classification system
1:36:55 we further defined fish use or potential
1:36:57 fish use um so
1:36:59 and and that also leads into the ditch
1:37:01 versus stream clarification
1:37:04 so now if a a uh
1:37:08 a ditch has uh fish use it will now be
1:37:12 offered the same protections as a stream
1:37:15 um similar to wetlands we've eliminated
1:37:17 the density credit calculations and
1:37:20 eliminated most storm water facilities
1:37:22 for wetland buffers those those are the
1:37:24 same stormwater facilities as
1:37:27 as we discussed in in the wetlands
1:37:29 section and then another at addition is
1:37:33 uh culvert replacement so if there is a
1:37:35 stream that has fish habitat upstream
1:37:38 from a fish culvert and that culvert is
1:37:40 blocking
1:37:41 if development is
1:37:44 touching that
1:37:46 road section where the culvert is
1:37:48 located then culvert replacement
1:37:51 may be required
1:37:54 um here is our current stream
1:37:56 classification and our proposed uh
1:37:59 classification system so
1:38:01 currently we have five different um
1:38:03 classes uh there's two class two which
1:38:06 why there's five one has salmon one does
1:38:08 not um we are now going to
1:38:12 uh stream type so type s our shorelines
1:38:15 of the state type f is a stream that has
1:38:18 any fish presence
1:38:20 mp is a
1:38:23 it's a stream that has no fish but it is
1:38:26 uh it's mostly a year-round stream and
1:38:28 then type ns are seasonal streams and no
1:38:30 fish are present
1:38:36 and then with that um
1:38:40 three questions um that we're seeking
1:38:42 clarification on
1:38:44 one of the public comments addressed
1:38:47 standards for stream bank stabilization
1:38:51 currently we have stream bank
1:38:52 stabilization requirements in in the
1:38:54 shoreline master program so it would
1:38:57 bring this alignment to what we already
1:38:58 have for esqua creek and east fork um
1:39:03 what we would do is is follow generally
1:39:05 the the same criteria for that so we
1:39:08 would be looking for
1:39:10 more of a bioengineered or soft shore
1:39:12 approach versus a hard armoring or
1:39:14 riprap
1:39:17 we also received another public comment
1:39:19 regarding stream buffer averaging and um
1:39:22 should we consider eliminating averaging
1:39:24 altogether and just have the straight uh
1:39:26 stream buffer sizes
1:39:28 and then uh same as the wetlands it's
1:39:31 the question on um private roads on
1:39:34 whether normal maintenance and repair
1:39:35 should be accepted from the
1:39:37 requirements of this chapter
1:39:44 okay and thank you planner yormic so it
1:39:46 sounds like there's actually
1:39:49 your questions are different than what
1:39:50 is in our
1:39:53 i'm looking on page 39
1:39:56 of 67.
1:39:59 minnie can you confirm that his
1:40:01 questions are in fact different or looks
1:40:03 like one question is the same but
1:40:21 or uh lucy
1:40:24 oops sorry uh i was talking while my
1:40:27 thing was unmute
1:40:28 um so i just posted in the chat um
1:40:31 the questions that are in your packet so
1:40:33 the first one is the same
1:40:35 the second one's the same and then the
1:40:37 third one is golden outcomes
1:40:41 um or any additional uh
1:40:45 question you know changes as desired so
1:40:57 so just if it helps in in your
1:40:58 discussion the first one is talking
1:41:00 about not hard armoring uh the banks and
1:41:04 our recommendation on that is sure we
1:41:06 can make that consistent with the rest
1:41:08 of the stream so that's a good common
1:41:10 public comment that we've received
1:41:12 um and the second one
1:41:14 i think we also uh could agree with that
1:41:17 uh because our buffers are
1:41:20 um where are and averaging for streams
1:41:22 is always tricky so i think that would
1:41:24 probably be a good thing that we could
1:41:27 incorporate we would keep the averaging
1:41:30 um the wetlands but eliminated for the
1:41:33 stream buffers if you all uh think that
1:41:36 that's the way to go
1:41:38 and then we're really looking for any
1:41:40 feedback if you have any other
1:41:42 changes you'd like to see
1:41:45 because the question number one is not
1:41:46 the same what he just posed is not the
1:41:48 same as what's in our packet yeah maybe
1:41:51 it's just wording is slightly different
1:41:53 but it's it's getting at the same thing
1:41:55 okay stream bank stabilization so no
1:41:58 hard armoring just bioengineered
1:42:00 shorelines
1:42:02 similar to what we have in the shoreline
1:42:04 master program
1:42:07 so let's go ahead and open it up for
1:42:08 questions from the commissioners
1:42:13 and commissioner
1:42:17 milligan you have the floor
1:42:20 thank you surefall i wanted to ask about
1:42:21 class three streams uh
1:42:24 which are the
1:42:27 seasonal ditches that are ephemeral and
1:42:31 the 50-foot buffer
1:42:33 suggested for that
1:42:35 how is that different from what we had
1:42:37 before
1:42:38 and tell me a little bit more about how
1:42:40 that relates to the um elimination of
1:42:43 the class four
1:42:45 so i can understand that better
1:42:47 class four streams are
1:42:52 they are
1:42:53 historic streams that have been
1:42:56 altered in some way usually straightened
1:42:58 to be more ditch-like
1:43:03 so we've eliminated that classification
1:43:06 and just folded that into
1:43:09 the seasonal stream um
1:43:12 and then with the class three
1:43:15 we're at this time we're not proposing
1:43:18 any buffer changes beyond the the class
1:43:22 or what what is now well
1:43:25 is currently class four to now
1:43:27 uh type ns and that increases from 25 to
1:43:31 50 feet
1:43:37 okay and thank you commissioner milligan
1:43:39 commissioner lewis you have the floor
1:43:43 thank you chairfall commissioner joy
1:43:45 lewis doug i'm hoping you can make some
1:43:46 comments about uh the proposed stream
1:43:49 buffers you do know that type ns
1:43:52 is the only one that's increasing and
1:43:54 i'm hoping that
1:43:56 staff can help tell us about that
1:44:03 yes so
1:44:04 we wanted to bring the code up to
1:44:06 alignment with wdfw stream type
1:44:09 just to eliminate any of the confusion
1:44:11 that we have
1:44:14 we've done an analysis on neighboring
1:44:17 jurisdictions and we still fall in line
1:44:19 with with our neighboring jurisdictions
1:44:22 um we've reviewed some of the most
1:44:24 recent uh
1:44:26 fish and wildlife guidance when it comes
1:44:29 to stream buffers
1:44:31 and we've we've looked into that a
1:44:32 little bit further but
1:44:34 we haven't had enough time to really
1:44:36 dive into what what that would mean for
1:44:38 the streams of issaquah the
1:44:41 the limited amount of information that
1:44:43 we could gather from it
1:44:44 would
1:44:46 substantially increase most of the
1:44:48 streams in the city
1:44:51 without being able to do that type of
1:44:53 research to know exactly what they were
1:44:56 there there would essentially be no
1:44:57 stream buffers and it would be on a
1:44:59 site-by-site basis
1:45:02 based on soil type and the vegetative
1:45:04 community that could potentially grow
1:45:06 there
1:45:07 so we would we would be looking at
1:45:09 substantial increases because it would
1:45:11 be based on the tree height
1:45:14 surrounding the stream and what can be
1:45:15 supported in that that area so with doug
1:45:18 first we're looking at about 250 feet
1:45:23 so wouldn't it be fair would it be fair
1:45:25 to say that um
1:45:28 staff has decided to punt this a little
1:45:30 bit needing more time and resources to
1:45:32 be able to further
1:45:34 investigate this
1:45:35 yes that's correct
1:45:37 okay um
1:45:40 i'll save my comment thank you for that
1:45:42 response
1:45:46 thank you commissioner lewis and
1:45:47 commissioner milligan you have a
1:45:48 question
1:45:51 thank you sir fall nina milligan
1:45:55 i forgot to ask this
1:45:57 the definitions of intermittent and
1:46:00 ephemeral
1:46:01 are not in our documents but where would
1:46:03 those be derived
1:46:06 it should be
1:46:08 defined in
1:46:10 the the code so um intermittent is
1:46:14 seasonal and it's gonna it
1:46:16 short streams um
1:46:19 during during the rainy season and
1:46:21 ephemeral is
1:46:22 lasting
1:46:23 you know under normal conditions
1:46:25 throughout the year
1:46:31 okay and thank you commissioner milligan
1:46:34 and that is all the questions that i am
1:46:36 seeing right now uh commissioner voice
1:46:38 commissioner zargoza commissioner bader
1:46:40 do you have any additional questions
1:46:42 you'd like to ask
1:46:44 i see none uh let's move into the
1:46:46 comments
1:46:48 all right so let's start answering some
1:46:49 of these questions and
1:46:51 are there any comments
1:46:59 okay should we develop a definition of
1:47:01 standards for steam
1:47:02 stream bank stabilization for streams
1:47:04 not regulated by the s p
1:47:07 standards would be comparable to stream
1:47:09 bank stabilization standards found in s
1:47:12 s p 7.13
1:47:14 shortly modification regulations
1:47:18 i guess you're looking for a yes or no
1:47:21 answer is that correct miss uh plenary
1:47:24 yormic
1:47:25 yes that's correct it looks like we have
1:47:27 some uh comments and questions that have
1:47:29 come in
1:47:30 okay and commissioner lewis you have a
1:47:32 comment
1:47:34 thank you commissioner joy lewis my
1:47:35 answer to this is yes i would like to
1:47:37 get rid of rip rap and encourage a soft
1:47:39 bank and i'd like that to be consistent
1:47:41 throughout our waterways and not just
1:47:43 initial line master plan uh so my
1:47:46 question uh my comment is resoundingly a
1:47:49 yes to that okay
1:47:52 and commissioner voice you have the
1:47:53 floor
1:47:55 yeah mine's just a quick question um off
1:47:57 the top of your head
1:47:59 it's probably cheaper to put in a soft
1:48:01 bank right
1:48:03 i don't know what the cost differences
1:48:05 are um
1:48:06 both require some sort of engineering um
1:48:10 you know but you're talking about
1:48:12 anchoring logs versus you know
1:48:15 building some sort of or constructing
1:48:17 some sort of wall rip rap might be cheap
1:48:22 i i don't have those cloths off the top
1:48:24 of my head
1:48:28 and thank you commercial voice and
1:48:29 commitment
1:48:34 thank you
1:48:36 i agree with all the
1:48:37 direction that the staff is taking in
1:48:39 this except i i still have some
1:48:41 reservations about
1:48:45 about ditches
1:48:46 yeah of course uh definitely concerned
1:48:49 about streams but the um variability in
1:48:52 defining
1:48:56 uh what's a ditch and as our
1:48:58 stormwater
1:49:00 just thinking about um
1:49:03 volume all the other things that impact
1:49:07 um the
1:49:08 value
1:49:09 and the purpose
1:49:11 of a ditch
1:49:12 and the restrict
1:49:17 and commissioner milligan we lost you
1:49:21 more protection but i i also think that
1:49:23 there may be
1:49:25 not a threshold
1:49:27 established that's um
1:49:30 reliable enough
1:49:32 to call it
1:49:34 a stream
1:49:36 so that that's my only uh concern
1:49:38 otherwise i think that everything's
1:49:39 heading in the right direction thank you
1:49:44 and uh commissioner planner did you get
1:49:45 our commissioner i'm sorry planner york
1:49:48 did you get all that because uh
1:49:50 um commissioner milligan cut out there
1:49:52 for a little bit i i think i got i think
1:49:55 i've got what i needed from that i think
1:49:57 there was just some reservations about
1:49:59 the thresholds on um
1:50:03 what would be classified as a stream if
1:50:05 it were a ditch and i think that's
1:50:09 as it as it stands right now it's just
1:50:11 the documented presence of fish and that
1:50:13 that would have to be determined and
1:50:15 would also be looked at um with our
1:50:17 through our peer review
1:50:20 yeah it's three things so if you've got
1:50:22 fish it's got a connection to the waters
1:50:24 of the state or it was a um
1:50:29 you know a
1:50:30 fish a water feature before
1:50:33 the times or something like that i
1:50:35 forget the exact language but but it
1:50:38 it's kind of aligned with the the state
1:50:40 definition so any regulate you know fish
1:50:43 and wildlife that's going to regulate it
1:50:45 it's actually going to be
1:50:47 so we we've
1:50:48 it it won't be like any ditch that just
1:50:51 doesn't have a connection to the water
1:50:54 um or fish won't be you know you would
1:50:57 still have ditches but if that's your
1:50:59 concern
1:51:02 yeah thank you for clarifying i think
1:51:04 you're both getting closer and my
1:51:05 concern is to
1:51:10 is to
1:51:12 regulate over regulate a very small
1:51:16 ephemeral
1:51:19 water
1:51:20 existence of water that doesn't have
1:51:22 other purpose and because this doesn't
1:51:24 have salmon in it
1:51:26 that it has some um
1:51:30 value before it
1:51:32 requires a 50-foot buffer
1:51:35 and and you're relying on some of the
1:51:36 things that are more complicated or
1:51:38 somewhere else and if that is the case i
1:51:40 just didn't want to burden uh property
1:51:42 owners with a 50-foot butter buffer
1:51:45 when um if the water that exists on
1:51:49 their property
1:51:51 less than a
1:51:53 stream
1:51:57 i think doug's getting it
1:52:00 okay thank you commercial milligan
1:52:03 okay and um so planner yarmick are you
1:52:06 okay with uh so far feedback on
1:52:09 concerning question number one
1:52:14 i've got what i've needed what i needed
1:52:16 for question one
1:52:17 and should we consider eliminating
1:52:19 stream buffer averaging as an option
1:52:22 commissioners comments on that
1:52:32 commissioner voice you have a question
1:52:36 i'm intending to lean to eliminating it
1:52:38 i just want to know why was it
1:52:39 originally there and how often is it
1:52:44 i would say stream buffer averaging
1:52:46 wasn't used very much um i've seen it
1:52:48 used for for wetlands a few times uh i
1:52:51 think it's difficult with streams just
1:52:52 because of the meandering nature of them
1:52:54 they also change so it would be it would
1:52:57 be difficult to maintain
1:53:00 a buffer area mostly what we would see
1:53:02 is is buffer reductions the the 25
1:53:05 reductions and that's we've eliminated
1:53:07 that so
1:53:09 you know
1:53:10 it would allow for some sort of
1:53:13 flexibility in in certain cases but
1:53:16 again it's it's a little bit more
1:53:18 difficult since they are meandering to
1:53:21 have a
1:53:22 you know
1:53:23 a net benefit
1:53:26 okay thank you
1:53:28 thank you commissioner weiss and
1:53:30 commissioner lewis you have the floor
1:53:33 thank you commissioner joy lewis i think
1:53:35 at this point i'm in favor of
1:53:37 eliminating the averaging
1:53:39 but i feel that it's a band-aid i feel
1:53:42 that it's a stop gap right now i don't
1:53:44 think that we're adequately addressing
1:53:46 the current needs to be able to have
1:53:49 healthy streams in our community in this
1:53:51 current first draft
1:53:53 and so what i would like is for staff to
1:53:55 be able to present
1:53:57 to boards and commissions into council
1:53:59 to be able to say to be able to address
1:54:00 this with a
1:54:02 appropriate update this is what we need
1:54:04 right and if that's not going to happen
1:54:05 in this update then there needs to be a
1:54:07 specific call out of these are the
1:54:09 resources we need to be able to then
1:54:10 address this at this amount of time
1:54:13 right because we're going to say this is
1:54:15 what we're doing right now that's okay
1:54:17 but it needs to have a plan and i feel
1:54:18 like we're falling short on that so i'm
1:54:20 again going to say that i really
1:54:22 question that we're achieving the goals
1:54:23 of three and four and i think streams is
1:54:25 a good example of that if right now
1:54:27 staff wants to say we're going we're
1:54:29 proposing eliminating the averaging
1:54:31 we're going to keep this and we're going
1:54:32 to have further research we're going to
1:54:34 work for this update this is what we're
1:54:36 doing i think that's a different
1:54:38 question that's being asked of us so
1:54:40 that's why i'm gonna take a hard line on
1:54:42 it uh and i'm gonna say that i think
1:54:44 that uh averaging could be appropriate
1:54:47 if we had a more accurate view of what
1:54:49 we need to be able to have healthy
1:54:51 streams and again not just to maintain
1:54:53 but to really be able to protect the
1:54:55 environment we know there's degradation
1:54:57 and we know that we can do better and i
1:54:59 don't see that in this current code
1:55:00 update again if staff wants to approach
1:55:03 this a little bit differently than i'm
1:55:04 all for eliminating the averaging
1:55:06 because it's again a stop gap to be able
1:55:08 to get where we need to go on streams
1:55:10 thanks
1:55:12 and thank you commissioner lewis and
1:55:14 commissioner bader do you have a
1:55:15 question
1:55:17 yeah i have a question it's kind of
1:55:18 random um but does the buffer like allow
1:55:24 like trails or access to the stream and
1:55:28 like if not is averaging a way to like
1:55:30 allow
1:55:31 access to the stream from one point
1:55:33 and then like mitigate for that
1:55:35 somewhere else
1:55:37 yeah so trail trails are allowed in
1:55:39 stream buffers um and then
1:55:42 though not
1:55:43 technically in this section but is it in
1:55:44 the shoreline master program
1:55:46 um they're also called out as as a
1:55:49 feature that's allowed within stream
1:55:51 buffers um you have to you have to
1:55:54 mitigate for any of the impacts so you
1:55:56 know a four foot wide trail going
1:55:58 through the buffer it's going there's
1:56:00 going to be additional buffer elsewhere
1:56:03 on site that's going to be required
1:56:05 just to offset for that impact but they
1:56:07 are allowed
1:56:09 as long as as long as there's no
1:56:11 degradation to the you know the function
1:56:13 of the buffer you know and that's
1:56:15 something that would be looked at
1:56:19 okay thank you commissioner bader
1:56:26 okay uh so with that said i i think
1:56:29 commissioner lewis had a pretty good
1:56:31 point there for
1:56:32 number two um planner york did you have
1:56:35 any additional questions
1:56:37 i don't want to be able to answer that
1:56:39 for you yeah no i think i've got what
1:56:41 i've needed for that
1:56:43 and so question number three should the
1:56:44 normal maintenance and repair or private
1:56:46 roads also be exempt from critical area
1:56:48 regulations like exemptions for public
1:56:53 so i think there's an overall consensus
1:56:55 on that thumbs up i don't know that we
1:56:57 really need to spend much time on that
1:56:58 agreed
1:57:00 yeah all right
1:57:01 uh so
1:57:03 bringing this presentation back to
1:57:07 lucy but point of order is how many more
1:57:10 of these topics do we have the time is 8
1:57:14 i have two more topics
1:57:16 i have uh the fish and wildlife habitat
1:57:18 conservation area and this uh the
1:57:20 shoreline master program changes that
1:57:22 we've made and i believe lucy has
1:57:24 outdoor lighting and that's it
1:57:27 so just those three topics
1:57:30 you know
1:57:31 we can skip the presentation i mean you
1:57:34 guys have all the packet information if
1:57:36 it's useful to just get to the questions
1:57:40 um i'm just throwing that out as an
1:57:42 option
1:57:43 well that's probably about an hour and a
1:57:46 half worth of
1:57:48 presentation and comments and
1:57:49 discussions so
1:57:51 that in itself is almost another ppc
1:57:53 meeting
1:57:55 if we continued on tonight i think we
1:57:57 might be sitting at
1:57:59 9 30 to 10 o'clock
1:58:04 order cheerful there's one section two
1:58:06 on variances that we did not discuss
1:58:08 from our last meeting and has not been
1:58:10 brought up it was in our packet this
1:58:12 week that this commission has yet to
1:58:13 address in any meeting yet because we go
1:58:16 over time and variances are always at
1:58:18 the end so i just want to add that on
1:58:20 yeah so
1:58:24 minnie can we maybe wrap this up into
1:58:26 another
1:58:28 push this off into a different meeting
1:58:32 we can if that's what the the commission
1:58:35 wants to do um
1:58:37 so your next meeting is april 7th which
1:58:43 the the time when uh you're going to be
1:58:45 talking about trees and you have parks
1:58:47 board and environmental board so it's
1:58:49 the landscaping part so it would have to
1:58:53 you know an additional meeting in
1:58:54 between now and april 7th we are going
1:58:57 to take uh this topic to city council on
1:59:02 on this coming tuesday
1:59:04 um so we're taking what we've discussed
1:59:07 today um to them on the on tuesday so
1:59:12 but the other three topics um you know
1:59:14 the shoreline i think we um did a
1:59:17 presentation at the public hearing there
1:59:19 are three things we we've kind of uh
1:59:21 changed uh there uh
1:59:24 and then
1:59:25 the lighting i think you've had a lot of
1:59:28 presentations on that previously
1:59:31 at the public hearing and then the third
1:59:33 topic is the fish and wildlife habitat
1:59:35 corridor area so those are the three
1:59:37 that are
1:59:40 left at this point
1:59:42 yeah um i think it's too much to go over
1:59:45 tonight
1:59:47 comments from the commissioners
1:59:53 uh commissioner voice
1:59:55 thank you chair it'd be interesting to
1:59:57 take these three topics and along with
1:59:59 commissioner lewis's concern about the
2:00:00 variances and combine that in to another
2:00:03 meeting our meetings are usually
2:00:04 generally two
2:00:06 to two and a half hours and i think just
2:00:07 looking at the lighting section that i
2:00:09 went over
2:00:10 that's gonna get a lot of discussion i
2:00:13 mean it all gets a lot of discussion but
2:00:14 i'm pretty sure we can fill up probably
2:00:16 another two hours at least with those
2:00:18 three topics plus
2:00:20 um the variance discussion
2:00:22 i think trying to cram it in in the next
2:00:24 hour and a half it's not going to do
2:00:26 anybody any justice yes yeah after two
2:00:28 hours it's a long meeting so
2:00:30 um in terms of the date then we'll just
2:00:33 get back to
2:00:35 you or unless you have a preference to
2:00:37 tell us what when you'd like to meet we
2:00:39 can talk about it now
2:00:44 okay uh let's see before
2:00:46 we answer that uh commissioner lewis you
2:00:49 have a
2:00:50 comment
2:00:51 thank you chairfall i have a concern
2:00:53 about not continuing right now because
2:00:56 we really do need to get a report to
2:00:58 council about this first draft to be
2:01:00 able to keep the gears moving
2:01:02 effectively it would be nice to finish
2:01:04 this bucket before we move on to the
2:01:06 next bucket which is what we need to
2:01:08 start doing
2:01:10 uh i obviously don't want to eliminate
2:01:13 robust discussion i think that that's
2:01:14 very important for what we have going so
2:01:16 if commissioners have consensus that
2:01:18 they're that they're done for the
2:01:19 evening
2:01:20 then i understand that but if that's not
2:01:22 the consensus i do think that there's
2:01:24 more that we can tackle so that we can
2:01:25 get a more in-depth report to council to
2:01:28 be able to keep this going
2:01:31 and commissioner milligan you know the
2:01:34 floor
2:01:35 thank you nina milligan here thank you
2:01:36 commissioner lewis i agree with you i'd
2:01:38 like to at least try to hit
2:01:40 uh something here
2:01:42 i i know that um
2:01:45 commissioner voice said that the outdoor
2:01:47 lighting could be a robust conversation
2:01:49 but sometimes
2:01:50 we get into these and we say hey yeah
2:01:53 and a couple of these we could say hey
2:01:58 done so i think we should try
2:02:00 to do as much tonight
2:02:03 as we can and maybe just extend the time
2:02:06 and say what time it is that we're going
2:02:08 to extend to
2:02:10 see what else we can get done i'd like
2:02:12 to get done as much as i can i have a
2:02:14 feeling that the fish and wildlife one
2:02:17 more academic than the others and might
2:02:20 taken care of very quickly
2:02:24 okay so
2:02:26 [Music]
2:02:29 for selfish reasons i get up i have to
2:02:32 get up tomorrow morning at four o'clock
2:02:33 in the morning
2:02:37 and when meetings i take back everything
2:02:39 i said
2:02:40 meetings go over it really kicks my butt
2:02:44 but with that said i think maybe
2:02:48 uh planner yormic
2:02:50 what is the next section that you have
2:02:53 that's the shortest
2:02:55 that you think would be
2:02:57 that we could wrap up maybe within a
2:02:59 half an hour
2:03:03 i can go ahead and kind of
2:03:05 see how quick you know move the move the
2:03:08 conversation get to the point on some of
2:03:10 these things
2:03:11 i think for the fish and wildlife
2:03:12 habitat corridors we we did give you a
2:03:14 presentation it's a new section in the
2:03:16 code it doesn't uh it didn't exist
2:03:19 before so species um habitat uh is you
2:03:24 know provided protection now so if there
2:03:26 is an eagle nest then it will get some
2:03:28 protection some analysis a biologist
2:03:30 would have to go on the site give us a
2:03:32 study and we would kind of look at that
2:03:34 there are going to be uh maps that are
2:03:36 produced by fish and wildlife that give
2:03:38 up give us the basis of these are the
2:03:41 species um
2:03:43 and and so on and so forth so really the
2:03:45 question at this point was the streams
2:03:47 are embedded in the fish and wildlife
2:03:49 corridor uh
2:03:51 section
2:03:52 so there were some comments about the
2:03:55 fish and wildlife corridor is separate
2:03:58 then the streams perhaps and the
2:03:59 wetlands are already on a separate um
2:04:02 section in the code so we can it's just
2:04:04 as the organization that we would have
2:04:07 wetlands we would have streams and then
2:04:08 we would have fish and wildlife corridor
2:04:10 areas we're fine with doing it that way
2:04:13 and then making the language clear about
2:04:15 how it's applied when there's an overlap
2:04:18 between those two so it's really more of
2:04:20 a mechanical technical thing of
2:04:22 splitting the section and that's one of
2:04:24 the the public comments and and
2:04:27 we agree we can separate the streams
2:04:29 into a section so if everyone agrees to
2:04:31 that or has an opinion on it
2:04:34 we can take that
2:04:36 okay i don't want to blow through
2:04:37 everything really super fast but that
2:04:39 sounds like it was
2:04:42 pretty easy are we missing anything
2:04:47 is it really that simple mini
2:04:49 it it is yeah
2:04:53 okay uh see commissioner lewis has a
2:04:55 comment
2:04:58 i'm going to take a stab at this chair
2:04:59 paul uh on in regards to the fish and
2:05:02 wildlife corridor section and the
2:05:03 questions you're asking i think
2:05:04 separating out streams makes a lot of
2:05:06 sense i have no problem with that
2:05:08 reorganization if staff agrees that
2:05:10 they're able to do it and keep it
2:05:11 without having too much repetitive
2:05:13 language i will say that in offline
2:05:16 discussions doug pointed me towards
2:05:19 the resource of what was being included
2:05:21 and i found it hugely helpful right it
2:05:23 cleared up a lot of questions when i was
2:05:25 able to see what exactly we were talking
2:05:27 about because right now as the code is
2:05:28 written it doesn't give that adequate um
2:05:31 information and so i still think that
2:05:34 what staff needs to do is to be able to
2:05:36 address how we put that in our code
2:05:38 we're not able to do a giant information
2:05:40 dump right into the code but we're also
2:05:43 uh right now not able to do links in the
2:05:45 same way because that ends up changing
2:05:46 right the status of changing links and
2:05:48 things like that so i'd still like to
2:05:49 see a stop gap of how we end up marrying
2:05:52 these two issues um because the
2:05:54 information that i have moving forward
2:05:56 is not what's in the code so we do need
2:05:58 to have a little bit of reworking in
2:05:59 this section uh for this first draft so
2:06:02 those are my only comments thank you so
2:06:04 language and and context more more than
2:06:07 substance is concerned
2:06:09 okay yes thank you
2:06:12 okay and uh planner yormic did you have
2:06:14 any questions
2:06:18 okay i've got what i needed for this
2:06:19 section
2:06:22 moving on so the next
2:06:24 section was shoreline master program
2:06:28 and there were three things that were
2:06:30 changing in that one was the common line
2:06:32 setback was getting eliminated that was
2:06:35 if two homes are close by and then the
2:06:38 third person could say my neighbors have
2:06:40 the setback i should get the same one so
2:06:42 that's going away everyone has to meet
2:06:44 the minimum 50 foot setback
2:06:46 um the second was
2:06:51 there was an incentive in the code that
2:06:53 if you
2:06:55 had a
2:06:57 if you remove the your bulkhead you
2:06:59 could be closer to uh you you've got a
2:07:02 smaller buffer so that's no longer uh an
2:07:06 option now in this draft uh you
2:07:09 have to meet your minimum setback and if
2:07:12 you were building a new home or you were
2:07:14 doing substantial redevelopment you
2:07:16 would also need to remove the bulkhead
2:07:17 and and put a more
2:07:20 softer shoreline um better for the
2:07:22 environment and then the third one was
2:07:24 regulations on the dock lighting
2:07:27 so i think the questions we're asking
2:07:29 you on this is
2:07:31 [Music]
2:07:35 what should be the threshold for
2:07:37 requiring the property to remove a
2:07:38 bulkhead i mean we've
2:07:41 actually asked you those questions last
2:07:44 and the dock lighting so what should
2:07:46 trigger it at this point it's not
2:07:50 a program where there's an amortization
2:07:52 that everyone in 10 years is going to
2:07:53 change it it's more of as you do
2:07:55 redevelopment that's when you have to
2:07:57 bring it into compliance
2:08:00 okay so yeah i remember we've had these
2:08:03 presentations already to your point
2:08:06 so i think we can go ahead and answer
2:08:08 question one and two so let's tackle
2:08:11 question one
2:08:15 i guess base my first question before i
2:08:17 ask the questions to the commissioners
2:08:19 here is
2:08:21 do we have enough information to decide
2:08:24 what the threshold for requiring
2:08:26 property
2:08:27 property to remove the bulkhead
2:08:42 i was just going to ask in in i was
2:08:45 going to ask a question of a question in
2:08:47 what way um
2:08:49 are you talking about are you talking
2:08:51 about when
2:08:52 we are requiring a bulkhead to be
2:08:54 removed for um
2:08:56 new development
2:08:58 or when we would
2:09:02 well yeah so your question one is
2:09:05 what should the threshold be for
2:09:06 requiring a property to remove bulkhead
2:09:09 as proposed in the s p will require the
2:09:11 bulkhead removed at any new
2:09:13 redevelopment homes along lake samamish
2:09:15 unless it is demonstrated through
2:09:17 environmental reports
2:09:18 because bioengineering is not feasible
2:09:23 the the threshold is already defined
2:09:27 our draft has those thresholds which is
2:09:29 new home
2:09:30 or redevelopment so we're just asking
2:09:33 are you guys
2:09:34 good with that or do you want us to
2:09:36 relook at some of the thresholds
2:09:39 okay and
2:09:41 i guess my question is the redevelopment
2:09:43 the news obvious but the redevelopment
2:09:47 how much of a redevelopment is it 50 of
2:09:50 the value of the home i think that's in
2:09:52 one of the codes okay
2:09:54 we did talk about that i just didn't
2:09:55 remember the percentage of that okay
2:09:57 uh so the first question here is uh
2:10:00 commissioner milligan you have the floor
2:10:04 uh yeah i think you answered my question
2:10:06 but um you didn't is the same threshold
2:10:10 what's proposed for the doc
2:10:13 as for the bulkhead and and may i say
2:10:16 that um you know it is difficult enough
2:10:19 to get through all this material um if
2:10:21 you ask a question like what threshold
2:10:24 would you like um if you ask the
2:10:26 question do you agree with our 50
2:10:29 percent dream
2:10:31 build
2:10:32 threshold that would be very helpful
2:10:35 yeah i'm sorry about that that was poor
2:10:37 wording on my part
2:10:41 so the dock threshold what is that uh
2:10:44 the dock threshold is is um
2:10:47 for major repairs of docks and that's
2:10:50 defined in the smp and that's if you're
2:10:52 replacing more than 50 of the
2:10:55 peer support structures um
2:10:58 in the
2:10:59 you know any of the structure of the
2:11:01 deck not necessarily the decking itself
2:11:03 but all of the the stuff that make the
2:11:06 um if 50 of that is removed then we're
2:11:09 going to look at
2:11:11 the light compliance because most of the
2:11:13 minor repairs
2:11:14 are they're just tweaking the the
2:11:17 decking material and just
2:11:20 having that come into compliance with
2:11:22 with our smp
2:11:24 so the graded decking to allow light to
2:11:26 transmit through
2:11:28 um so we we felt that it was when the
2:11:30 major repairs came in which which
2:11:32 require much more rigorous review
2:11:35 is when we would start looking at the
2:11:37 dock lighting
2:11:41 okay and i have a question and a comment
2:11:45 when it comes to dock
2:11:47 docking
2:11:48 the average life expectancy of a dock
2:11:51 based on what you're just telling me
2:11:52 about the structural part the peers
2:11:55 is probably
2:11:57 30 years
2:11:58 and you're going to be replacing maybe a
2:12:00 pylon one or two pylons so
2:12:03 replacing 50 the doc is probably going
2:12:06 to be
2:12:07 40 years 50 years out
2:12:10 and we're talking about lighting
2:12:12 replacement maybe we should
2:12:14 scale that back and say maybe
2:12:17 if 10 or 20 of a dock
2:12:20 so that
2:12:22 they have to bring their lighting up to
2:12:24 standard and that's the whole reason why
2:12:26 i have this conversation is because the
2:12:27 lighting is impacting the fish it's good
2:12:30 for them so
2:12:34 i it doesn't make sense to me because if
2:12:36 a doc is going to last 30 or 40 years
2:12:41 feel it it's important enough for us to
2:12:44 address today in our code about doc
2:12:47 lighting and we know what the
2:12:48 environmental impacts are of
2:12:50 bad lighting on the
2:12:53 fish and the wildlife
2:12:55 it seems like that's a really not a
2:12:57 great way to implement a lighting code
2:13:02 um i i think you're correct and it we we
2:13:05 can um
2:13:07 make we can lower that threshold and
2:13:09 make it
2:13:12 reviewed when it's when it's a minor at
2:13:13 least have a have a look at it then at
2:13:16 that point
2:13:17 um just i don't know what the threshold
2:13:19 is or how we should be able to do that
2:13:21 it just seems like it makes sense to me
2:13:23 that if we want and people to change the
2:13:27 doc lighting so that it's more
2:13:28 environmentally friendly
2:13:30 maybe an incentive program or
2:13:33 something else rather than saying hey
2:13:36 we're going to wait till 50 because that
2:13:37 may not happen
2:13:42 okay uh and looks like there is another
2:13:45 comment uh commissioner lewis
2:13:48 thank you chairfall commissioner joy
2:13:49 lewis i think to ron's point
2:13:52 right now we're being asked to look at a
2:13:54 very specific part of the shoreline
2:13:56 master program council asked for you
2:13:58 guys to look at you know the three
2:14:00 things so that's what we're being asked
2:14:02 to look at
2:14:03 i think that a larger conversation about
2:14:06 the shoreline master program needs to
2:14:07 take place but today isn't the time
2:14:09 right so i think it would be valid to go
2:14:12 back to council and say i think that the
2:14:14 community has voiced that they would
2:14:16 like to be have staff put more energy
2:14:18 into refining the shoreline master
2:14:20 program to make sure that it aligns to
2:14:22 all of our various policies at a future
2:14:25 date right now i think staff has done a
2:14:27 great job of achieving what council has
2:14:29 asked it to do
2:14:30 but i would like to see there be a
2:14:33 greater uh path for incentivization for
2:14:36 getting rid of the bulkheads we know are
2:14:39 damaging and for being able to get our
2:14:41 lighting code into compliance i
2:14:43 completely agree that we should have our
2:14:45 dock lighting comply with the new
2:14:47 lighting ordinance so i'll just answer
2:14:50 that question right there for you and i
2:14:51 think to ron's point we need to find a
2:14:53 way to encourage that to happen quickly
2:14:56 right so what i would like to encourage
2:14:59 council to do is to be able to provide
2:15:01 resources for us to be able to move in a
2:15:04 much quicker manner so thank you very
2:15:06 much okay
2:15:08 thank you commercial saying commissioner
2:15:10 voice you have the floor
2:15:12 uh thank you chairfell so this is i
2:15:14 again to chair fal's point um i don't
2:15:17 know what the at what level mitigation
2:15:20 needs to start so whether it's 50 i
2:15:22 think 10 or 20 is a little low
2:15:24 um you know because again that's
2:15:26 assuming that every single doc you're
2:15:28 going to be looking at was built in the
2:15:29 year 2020.
2:15:31 most of these docs have been there for
2:15:32 years so they're probably going for
2:15:34 upgrades
2:15:35 and the other thing i would say
2:15:37 is it goes back to the
2:15:39 maintenance of the private road if
2:15:40 people are so scared and concerned
2:15:42 they're going to get hit with so many
2:15:43 things they're going to let these things
2:15:44 fall and disrepute
2:15:46 i know because i have family members who
2:15:48 lives on lakes there's some of the
2:15:49 toughest places to build in the last 30
2:15:52 years you pretty much have to be
2:15:54 grandfathered to get anything into a
2:15:56 lake and i think you guys all know that
2:15:58 so again
2:15:59 people are already hesitant to even
2:16:02 bring the city into some of these things
2:16:04 you want to talk about an area of
2:16:05 non-compliance or not even involving the
2:16:07 city this is one of them so i think you
2:16:09 get more compliance by being a little
2:16:11 bit more lenient with people so again
2:16:13 i'm not saying i don't know what the
2:16:14 number is but yeah if you drop it to
2:16:16 something like 10 percent uh no one's
2:16:18 going to call you guys
2:16:19 and then the second part is i'm a little
2:16:21 bit concerned about the common line
2:16:23 setbacks
2:16:25 not so much for the bill this is one of
2:16:26 the few times that i'm not as worried
2:16:28 about the developer people that live on
2:16:29 like some amish probably have the money
2:16:31 i'm also kind of looking at more through
2:16:33 aesthetics
2:16:35 and then also buildable lots we all know
2:16:37 that lakes and amish especially east
2:16:39 lake sammamish
2:16:40 um some of those lots are very tricky to
2:16:42 build on if anyone's taking a drive down
2:16:44 there
2:16:45 we do a lot of work down there i mean
2:16:46 those
2:16:48 those are not your typical
2:16:49 structures so it's all ready to tricky
2:16:52 to build down there so i'm just a little
2:16:53 concerned again
2:16:56 uh not saying i have an answer just
2:16:58 hoping that staff is taking that into
2:16:59 consideration when we're making rules
2:17:02 because again not only aesthetically
2:17:04 uh might it kind of
2:17:06 deviate from the lines
2:17:08 but you also can start asking for
2:17:10 triangle-shaped houses and things that
2:17:12 will not look appealing on a lake
2:17:15 we did we did analyze um the lots along
2:17:18 lake sammamish and
2:17:20 with with the 50-foot setback that we
2:17:23 that we are proposing
2:17:26 there on
2:17:28 the majority the vast majority of the
2:17:30 lots it's not really going to impact but
2:17:33 you're right along the lakeshore part
2:17:35 you you might start to see some some
2:17:36 variation as as new homes come in and
2:17:39 it's not going to be as uniform um but
2:17:42 in terms of the lot depth most of the
2:17:44 lots along the link have sufficient
2:17:46 depth to where there aren't any issues
2:17:48 if they have to comply with the 50 foot
2:17:50 setback versus the the what that
2:17:52 whatever the common line would be which
2:17:54 would allow you to get closer than that
2:17:56 okay no i'm good i'm happy to hear it
2:17:58 i'm happy to hear somebody you know
2:18:00 thought about this because again there's
2:18:02 certain parts there's certain stretches
2:18:04 of the shoulders that are tougher to
2:18:06 build on there's definitely a few
2:18:08 um closer to
2:18:10 you know the city proper and then
2:18:12 there's a few down by redmond but again
2:18:14 you start getting into some of these
2:18:15 lots and it's
2:18:16 you know some of the buildings and the
2:18:18 actual structures that are going in
2:18:19 there are pretty ugly
2:18:21 how much money they're worth they're
2:18:22 ugly um so again it's something to take
2:18:25 into consideration but it sounds like
2:18:26 you guys are so thank you
2:18:30 thank you commissioner voice and
2:18:32 commissioner milligan you have the floor
2:18:35 uh thank you chair of all night and
2:18:37 milligan
2:18:38 i want to um
2:18:40 support what has been said before about
2:18:45 taking this a step further and perhaps a
2:18:47 step further on excuse me on
2:18:51 rig on maintenance triggering the
2:18:53 bulkhead or docklighting uh improvements
2:18:56 to our new expectations and you know i
2:18:59 think it was said that we would
2:19:00 eliminate the incentive program
2:19:02 and have just the when there's a major
2:19:05 change you have to replace the bulkhead
2:19:07 is there somewhere in between there
2:19:08 where we could
2:19:12 continue to
2:19:13 run an incentive program and have a
2:19:16 threshold for required replacement
2:19:19 because of the concern that commissioner
2:19:21 lewis brought up
2:19:23 if this is just going to delay and uh
2:19:26 chair fall also if this is going to
2:19:27 delay the improvement that we're really
2:19:28 looking for why don't we keep the
2:19:30 incentive program i know it hasn't maybe
2:19:32 it needs to be a better incentive
2:19:33 program because we haven't found much
2:19:35 improvement from it but an incentive
2:19:37 program that fills in the gap between
2:19:40 regular maintenance that's not quite
2:19:42 major
2:19:43 and getting the results that we want um
2:19:47 commissioner voices point i certainly do
2:19:50 not want to disincentivize regular
2:19:52 maintenance because it would be
2:19:53 burdensome because of the upgrades
2:19:55 required uh we want people to keep their
2:19:58 properties well maintained whether it's
2:20:00 a bulkhead or shoreline or a dock
2:20:03 but i agree with the um significant
2:20:06 thresholds for coming into compliance
2:20:09 i'm just
2:20:09 asking if maybe we could look back at
2:20:11 those incentive programs and have
2:20:13 incentive
2:20:14 to thank you
2:20:18 and thank you commissioner milligan uh
2:20:20 and i'd like to add to commissioner
2:20:21 mulligan's comments there i think also
2:20:24 flooded with education so if we educate
2:20:27 those people who would be
2:20:30 whose properties would impact with the
2:20:32 bulkheads and or the docs
2:20:35 they may themselves decide they want to
2:20:37 do what's in the best interest of the
2:20:40 environment and proactively make the
2:20:41 changes
2:20:44 and maybe incentives would be a further
2:20:47 benefit to them but i think
2:20:49 at least putting together an education
2:20:50 thing and educating those people up
2:20:53 front may actually encourage them to
2:20:56 make the change without
2:20:58 much process from the study
2:21:02 okay with that said um i think we
2:21:05 pretty well drilled down on question one
2:21:07 and two um are there any additional
2:21:09 comments in
2:21:11 planar yarmouth were we
2:21:12 did we satisfy
2:21:14 did we answer your question
2:21:16 satisfactorily yes
2:21:20 all right uh with that i want to say
2:21:22 that what's left is
2:21:24 we should probably move over into a
2:21:26 different meeting
2:21:28 and um
2:21:32 go into public comment uh
2:21:38 i don't believe that we're doing public
2:21:40 comment tonight you had the general
2:21:42 comment at the beginning of the meeting
2:21:45 and that there were not
2:21:47 because of the uh
2:21:49 discussion draft public hearing
2:21:52 that was already held i believe tonight
2:21:55 is uh just for deliberation by the
2:21:58 commission
2:22:03 we normally have at least put the public
2:22:05 comment on some of this so
2:22:08 even based on what you just said i think
2:22:09 would still be do we have anybody who's
2:22:12 waiting to make public comment because i
2:22:14 don't if they're sitting here waiting
2:22:16 they just went through this whole
2:22:17 meeting i want them to be able to make a
2:22:18 comment instead of sitting there going
2:22:20 oh sorry we're not going to hear
2:22:21 comments tonight
2:22:23 i think we need to open it up for public
2:22:25 comment
2:22:26 if anyone's waiting to make a comment
2:22:29 there has been a hand raised
2:22:43 connie marsh you have been made a
2:22:45 panelist and
2:22:48 i tried on muting you
2:22:51 try it again
2:22:54 okay so now i think you've unmuted me
2:22:58 thank you uh chair of the commission
2:23:03 don't think it's appropriate to have a
2:23:07 hearing like this
2:23:08 or a meeting like this
2:23:10 where people might be watching where you
2:23:12 don't tell them in advance that the only
2:23:15 comment is going to be at the beginning
2:23:18 and yes we are sitting here watching so
2:23:20 i do appreciate that this is far too
2:23:22 much information to all go through in
2:23:25 one meeting and get effective comment
2:23:33 agree with most of what you say my
2:23:37 largest heartburn is around the streams
2:23:41 uh and the
2:23:43 unchanged buffers that have been
2:23:47 allocated to the streams i don't think
2:23:49 we have time to waste
2:23:52 waiting for them to create appropriate
2:23:54 buffers for the streams this the buffers
2:23:56 that we have been using have been
2:23:59 eroding substantially and we've been
2:24:01 reducing our fish returns rather than
2:24:05 creating larger fish returns which
2:24:08 basically means that we are not being
2:24:11 successful in creating appropriate
2:24:14 habitat for our endangered species so it
2:24:18 is not working so i would rather have
2:24:23 solved
2:24:26 because the whole basis of this update
2:24:28 has been to do that work now best
2:24:31 available science
2:24:33 was supposed to be put into it
2:24:35 now that's part of state law so
2:24:38 in addition to the peat i would ask for
2:24:41 them to do that work and i i much
2:24:44 appreciate your peat
2:24:46 conversations
2:24:47 thank you very much
2:25:02 is there anyone else who would like to
2:25:04 speak please raise your hand your
2:25:06 virtual hand
2:25:08 if you are interested in speaking this
2:25:11 evening
2:25:29 susan neville you have been made a
2:25:32 presenter and unmuted
2:25:34 if you uh choose turn your camera on
2:25:39 good evening no i think i'll scroll
2:25:41 without the camera it's kind of late
2:25:44 thank you for the opportunity to talk
2:25:47 and um
2:25:48 you know as we started this meeting i'm
2:25:50 still unclear on processes
2:25:53 i wasn't sure when we were going to talk
2:25:55 if if we were
2:25:57 maybe a little more clarity prior to the
2:26:00 meeting is a good idea as i think connie
2:26:02 mentioned
2:26:04 thank you all for taking the time and
2:26:08 really
2:26:09 the commitment to to do the best we can
2:26:13 i know there's so many uh things we're
2:26:15 being pulled for
2:26:17 time and cost and is is a huge job and i
2:26:20 wanted to say that tonight we started
2:26:23 this in may and we've got to the first
2:26:25 draft i think this is a pretty darn big
2:26:27 thing
2:26:28 we need to congratulate ourselves
2:26:30 and the staff is just really
2:26:33 really are trying to keep the public in
2:26:36 the loop i think the best of their
2:26:37 ability and i do appreciate that even
2:26:39 though sometimes i go after you
2:26:42 so i wanted you to know that too
2:26:46 i do agree with a lot that connie said
2:26:48 that uh
2:26:50 [Music]
2:26:52 there is still some stuff to talk about
2:26:54 with streams and and i did put that in
2:26:57 letter i sent earlier to give it ample
2:26:59 time but we do we do need to strengthen
2:27:03 it a little bit
2:27:04 um i think we might have to go a little
2:27:06 above standards but
2:27:08 not to
2:27:09 just for responsible development um
2:27:13 everybody can get a chance to to do what
2:27:17 they want but we're just asking for a
2:27:19 little bit of a upper bar to it
2:27:22 and i don't really think that's too much
2:27:24 and there are builders out there that
2:27:26 understand that so with that it's late
2:27:29 and i just wanted to thank everybody
2:27:31 for being here and putting the time into
2:27:34 what we've done so far good night
2:27:46 um is there any other members of the
2:27:49 public that would like to comment this
2:27:51 evening
2:28:02 at this time i don't see any other hands
2:28:04 that are raised
2:28:06 okay and thank you
2:28:11 i guess uh a comment out to um
2:28:14 planner yormic uh i would you like i
2:28:17 would like you to consider some of the
2:28:19 comments that um
2:28:22 connie and susan both had just mentioned
2:28:24 i think they brought up some very valid
2:28:27 points so please consider those when
2:28:31 putting this
2:28:32 project together
2:28:34 and with that
2:28:37 the next topic here is reports so lucy
2:28:41 do we have any reports from the city
2:28:46 i believe um if if there are any many
2:28:48 would be the one to get no reports
2:28:54 so no reports and so with that um
2:28:58 are there any last comments from the
2:29:01 before we conclude tonight
2:29:03 yeah i just want to thank all of you i
2:29:05 know this has been a difficult topic
2:29:07 it's been a technical topic and it's a
2:29:09 lot we've given you to read digest and
2:29:12 understand and have a thoughtful
2:29:14 conversation and you all have done so
2:29:17 and asked such good questions so
2:29:18 appreciate all your work
2:29:20 um if we need to meet on this topic
2:29:23 again we'll put that on your you know
2:29:25 we'll we'll discuss uh when kristin's
2:29:27 back and and we can uh come up with a an
2:29:30 additional meeting to continue the
2:29:32 conversation on this topic so don't want
2:29:34 you to feel that this was shortened uh
2:29:37 we are going to go to council on tuesday
2:29:40 with this information
2:29:42 and then probably after the council
2:29:44 discussion we can come back to you all
2:29:48 i would like to bring up a point of
2:29:49 orders some of these packets and the
2:29:51 information that we're going through
2:29:53 they're really there's a lot of
2:29:55 information and i think it's almost
2:29:57 overload because
2:30:00 not all the time sometimes we get out
2:30:02 early but i think
2:30:05 we need to maybe rebalance some of the
2:30:07 information that's in the package so
2:30:08 that we can get out by
2:30:12 8 30 and for those nights that are
2:30:14 really short maybe we could add
2:30:16 something in so that we can
2:30:19 you know we're not leaving early so to
2:30:21 speak right so
2:30:23 because i think tonight was just a
2:30:25 little bit of an overload but it's
2:30:26 happened a couple times so i just want
2:30:28 to make sure that we no absolutely you
2:30:30 know we hear you and if there's better
2:30:32 ways to
2:30:33 handle the meeting how do we kind of
2:30:35 take the vote on these i mean this is
2:30:36 the first one that you've deliberated on
2:30:38 right so uh there are going to be some
2:30:40 lessons learned from the first time i
2:30:42 think it'll get better with the next
2:30:43 topic but if there's ways we we can kind
2:30:47 um figure out a strategy for
2:30:50 deliberations that works better for you
2:30:52 all as more time efficient than others
2:30:54 we were certainly can talk to you all
2:30:56 and get your feedback on that
2:30:58 excellent okay um
2:31:01 that said um
2:31:02 [Music]
2:31:04 i'm gonna go to adjournment
2:31:05 i'm going to adjourn it 904.
2:31:10 all right good night everybody
2:31:12 thank you ron thanks for staying up with

Attendance

Council / Members (6)
Faul
Voiss
Commissioners Bader (excused late)
Lewis
Milligan
Zaragoza Absence: Commissioner Monahan (Unexcused)
Staff (1)
Millie Dhaliwal, Director, CP&D Christen Leeson, Senior Planner, CP&D Stephen Padua