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Washington Resolution No CITY OF KENMORE WASHINGTON RESOLUTION NO. 04-096 A RESOLUTION OF THE CITY OF KENMORE, WASHINGTON, EXPRESSING AN INTENT TO ADOPT AMENDMENTS TO THE CITY'S CRITICAL AREA REGULATIONS, CHAPTER 18.55 (ENVIRONMENTALLY SENSITIVE AREAS) OF THE KENMORE MUNICIPAL CODE. WHEREAS, the Growth Management Act (GMA) requires local governments, by December 1,2004, to designate and classify environmentally sensitive areas, known as critical areas, and to adopt policies and regulations to protect the functions and values of critical areas; and WHEREAS, critical areas include wetlands, frequently flooded areas, geologically hazardous areas, aquifer recharge areas, and fish and wildlife habitat conservation areas; and WHEREAS. the GMA reauires that local "aovernments include best available science (BAS) in the development of such policies and regulations and give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries (RCW 36.70~.<72;WAC 365-195-900 et seq.); id WHEREAS, in September 2001, the City executed a contract with Adolfson and Associates to complete a review and update the City's Critical area Ordinance; and WHEREAS, under this contract Adolfson Associates has worked with staff and prepared draft revised critical area maps (attached as Exhibit A), a dr& review of Best Available Science Memo (attached as Exhibit B) and a draft critical area ordice(attached as Exhibit C) which was submitted to the State Growth Management Act Reviewing Agencies in March 2004; and WHEREAS, though the City Council has not completed its review of these documents, it has conducted a public hearing and completed several study sessions; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF KENMORE, WASHINGTON Section 1. The City of Kenmore City Council will strive to complete its work on the review and update of the City's Critical Area Ordinance by March 3 1,2005. Section 2. The City Clerk is hereby directed to transmit a complete and accurate copy of this Resolution to the Washington Department of Community Trade and Economic Development within ten days after passage. PASSED BY THE CITY COUNCIL OF TEIE CITY OF KENMORE, WASHINGTON, AT A REGULAR MEETING THEREOF ON THE 22nd DAY OF NOVEMBER, 2004. CITY OF KENMORE ~aybrSteven Colwell \ Approved as to form: Michael+ R Keny ity Attorney Exhibit A w I I KENMORE CRITICAL AREAS Streams YD"..-l.nlh.-" nn-nua- h.,cr DRAFT STREAMS bL.~-mmww.n.U" mm'db.~I~~d~e.m KENMORE CRITICAL AREAS MAPPING o tam 2000 --*,k,mt -F", CiTY OF KENMORE. WA -.,>--~,"m ~anrnor. str.srns -.- ci~~oundary weuandr (~i~~co. SAO) NOTE: ~'la"dlo~fi~ssm appmximate and are intended f- D,TcH county Boundarv w.a.,d, (NWI - modified) h~nnlngpwposesonly 1 .pEOSTREUIS -Waterbodles Yte specm review wdl muim .m Other Wetlands (Adofson Asroc.) apmrsssnnelrorvey. j -mwm..w.. 3 rrtu.arnnlnm.Pnnr #~.wtc...,db.w.mw- y.~dAM-."-Y.~ WETLANDS h*.a-"#..l.O1lll." DRAFT "..m.""-d...&ILan KENMORE CRITICAL AREAS MAPPING 0.d- CITY OF KENMORE, WA -2,,,-"*.?,w - MEMORANDUM DATE: Revised March 24,20 P4 TO: Bob Sokol City of Kenmore Plannlng and Commu ity Development Department FROM: Teresa Vanderburg a Ann Root. Adolfson Associates, Inc. RE: Draft Wetlands, Strea and Geologically Hazardous Areas - Best Available Science Technical 1.0 INTRODUCTION Adolfson Associates, Inc. prepared this technical memorandum to provide an overview of the "best to the management and protection of critical areas and its as those found in the City of Kenmore (the development and revision of the City's (KMC) Chapter 18.55 - Sensitive Areas Ordinance. This paper- - discusses the results of thk best available science review for wetlands, streams, and geologic hazard areas and evaluates applicability of the science management and protection of these resources in the City. Adol has based our review of the city environment on a limited reconnaissance of wetlands d streams in the city, existing literature and our local knowledge of the area. Geoengineet , Inc., as a subconsultant to Adolfson, provided information on geologically hazardous areas. I II Overview of Act Requirements Rules promulgated Growth Management Act (GMA) (RCW regulations that protect the wildlife habitat, flood hazard 1995, the Washington State and cities consider reliable to designate and Division of DraR BAS Technical Memorandum Page 2 The RCW and Washington Administ ative Code (WAC) further state that special consideration must be given to "measures necessa to preserve or enhance anadromous fisheries." Consideration for "anadromous" fish pecies refers to those species that reproduce in fresh water and migrate to salt water for some po ion of their life, returning to fresh water. The term "fisheries" commonly refers to stock of fish that are managed for commercial, recreational, cultural, or ceremonial uses (WDFW, 1997). 1.2 Overview of the Cityi qnvironment The City of Kenmore is an urban along the northern shoreline of Lake Washington in King County, Washington. The River flows from east to west through the City to Lake Washington. Swamp through Kenmore from Snohomish County to the south and into the commercial and industrial areas are generally confined to the residential neighborhoods occupy the surrounding areas. Kenmore city limits are bounded tot e west by the City of Lake Forest Park, to the north by the Snohomish County line, to the east b the City of Bothell, and to the south by unincorporated King County at NE 145th Street and e southern edge of St. Edwards State Park. The shoreline of Lake Washington forms the south estem boundary of the city. Lake Washington, the Sammamish River, and Swamp Cree are the main water features in the City. Along with the Sammamish River, Swamp Creek an Little Swamp Creek have documented salmonid use. In addition, several minor tributaries dr in into Lake Washington and the Sammamish River within Kenmore. 2.0 STATE OF THE SCI INCE FOR WETLANDS AND BUFFERS This section summarizes the state science, or "best available science" for wetlands and wetland buffers. Higher been given to science and research conducted in the Pacific Northwest versus areas of the United States. This information is a summary of existing to be an exclusive list of all best available science currently to provide a brief overview of scientifically and regulatory review. Adolfson has applicable, including relevant studies Recommended Sources for Scientific research and information to wetland and buffers in the City of Kenmore has been summarized from various primarily in the Pacific Northwest. Research studies cited include Wetland Buffers: Use and Effectiveness Wetlands in Washington State, review also included the best Science: A Review of Dm.@BAS Technical Memorandum Page 3 Literature and Assessntenl of /he Pr osed Critical Areas, Clearing and Grading and Stormwater Ordinances. Public Revrt w Drafl (October 2003). Wetlands provide important functio and values for both the human and biological environment. These functions flood control, water quality improvement, base flow contribution, nutrient This section builds on the existing information regarding wetlands in the City Sensitive Areas Ordinance by discussing in greater detail relevant research functions and values, as well as the challenges of managing and developed areas such as those found in Kenmore. 2.1 Wetland Definition Wetlands are formally defined by th Corps of Engineers (Corps) (Federal Register, 1982), the Environmental Protection Agency ( PA) (Federal Register, 1986), the Washington Shoreline Management Act (SMA) (1971) and the Washington State Growth Management Act (GMA) (1992) as "... those areas that are in ndated or saturated by surface or groundwater at a frequency and duration sufficient to support, a d that under normal circumstances do support, a prevalence of vegetation typically adapted for li e in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar eas" (Federal Register, 1982,1986). In addition, the SMA and the include those artificial wetlands intentionally i site, including, but not limited to, irrigation and drainage ditches, facilities, wastewater treatment facilities, farm ponds, and created after July 1, 1990 that were unintentionally a road, street, or highway. Wetlands created from non-wetland areas to of wetland is used in the Washington Department of Ecology to the state manual as required by the GMA. 2.2 Wetland Functions a t d Values Wetlands are integral parts of the na ural landscape. Their "functions and values" to both the environment and to the general pub1 c depend on several elements including their size and location within a basin, as well as th ir diversity and quality. While each wetland provides various beneficial functions, not all etlands perform all functions, nor do they perform all functions equally well (Novitski et a ., 1995). Several studies have found that wet1i d functions and values are compromised by urbanization (Azous and Homer, 2001; Mitsch d Gosselink, 2000; Castelle et al., 1992a; May et al., 1997; Booth, 2000; City of Portland, 2001 . In urban settings individual functions of wetlands may not be optimally functioning. For exami le, wetlands can provide significant stormwater control, Draft BAS Technical Memorandum Page 4 even if they are degraded and compri e only a small percentage of area within a basin. Also, wetlands are important elements of s eam systems and fish habitat. Within the urban environment, even degraded wetland can provide rearing and refuge habitat for fish and other wildlife, along with other benefits to eeping streams healthy. The functions i values have been identified et al., 1979; Adamus et al., 1987; Mitsch and Gosselink, 2000; Hruby, Cooke, 1995). These functions include: Flood water Stream base flow maintenanc and groundwater support; Shoreline protection; t Water quality improvement; Biological support and wildliI e habitat; and Recreation, education, and op1 n space. 2.2.1 Flood Water A nuatlon and Flood Peak Desynchronization Flood water attenuation and flood + desynchronization can be aided by a wetlands ability to control flood water and to slowly release it to adjacent water bodies and/or groundwater (Novitzki, 1979; Veny nd Boelter, 1979 in Mitsch and~osselink,2000).
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