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Duvall planning commission forwards sensitive-areas code update after debate over buffer method
Summary
The Duvall Planning Commission voted to recommend amendments to chapter 14.42 (sensitive areas) to the city council after staff said the update aligns the code with state law and tribes; commissioners debated a new "site potential tree height" buffer method and its potential effect on buildable area.
The Duvall Planning Commission voted July 8 to recommend updates to the city's sensitive-areas regulations (Duvall Municipal Code chapter 14.42) to the City Council, following a lengthy staff presentation and commissioner debate over how buffer widths should be calculated.
"The proposed ordinance is a periodic update to reflect current state statutes and administrative guidance," said Morgan Broner, the city's principal planner, during the public hearing. Broner told the commission the changes adopt the most recent wetland rating system, update fish- and wildlife-habitat standards, revise definitions and technical standards, and clarify mitigation sequencing and review procedures required under the Washington State Growth Management Act.
Staff also summarized written comments received as part of the environmental-review process: a letter from the Tulalip tribe expressing support for the update, and a letter from the Master Builders Association of King and Snohomish Counties expressing concern about the proposal to use a "site potential tree height" method to set buffers instead of a prescriptive buffer tied to stream type.
Commissioners probed how the new method would affect developable area and housing production. Staff said the site-potential-tree-height approach would classify more streams as fish-bearing when they meet the physical characteristics to support fish; that change increases buffer widths in some cases. Staff added the map layers available on the city and county websites are advisory and that final buffer typing depends on site-specific surveys and peer review by qualified professionals.
"I strongly oppose the new regulations," said a commissioner who registered a no vote during the roll-call portion of the decision, voicing concern that calculating buffers from projected tree height could produce substantially larger setbacks in some neighborhoods. Staff described reasonable-use exceptions and mitigation sequencing that could allow development on heavily encumbered lots while minimizing habitat impacts.
After deliberation the commission moved, seconded and approved a recommendation to forward the amendments to the City Council; the chair announced the motion carried and at least one commissioner recorded a "no".
The commission's action is a recommendation; final adoption rests with the City Council and any subsequent public-notice and environmental review steps the council requires.
