Lake Stevens close to decision on building limits for streams, wetlands

LAKE STEVENS — Of the three directions the city could go in protecting its waterways from surrounding development, it’s leaning toward the middle.

The city’s proposed no-build buffers around its streams and wetlands are larger than it approved last year, but smaller than those recommended by the state and by a local environmental group.

Resident Malcolm McNaughton told City Council members last week he likes some parts of the city’s plan but not others, which “probably means it’s a decent ordinance,” he said. McDowell formerly worked for Barclay’s North, a development company.

McNaughton’s comments were reflective of most of those at last week’s hearing, where reviews were mixed but mostly positive.

A final decision isn’t expected until April 7. One more public hearing is scheduled tonight. City Council members last week, in going through the proposals point by point, indicated they’re happy with the city’s plan.

The plan tightens the restrictions approved last year but allows flexibility in the no-build zones if builders employ environmentally friendly measures such as using porous concrete and engaging in wetlands restoration.

The new rules would widen no-build buffers for the highest quality streams by 50 feet, increasing them from 100 feet to 150 feet. Stream quality is based on environmental and habitat factors.

It increases the distances for streams in the next category from 75 feet to 100 feet.

For wetlands, the distances are increased from a high of 150 feet to a high of 190, depending on land use and the quality of the wetlands.

The current buffers were approved less than a year ago and represent a modest increase from those in place before. Some council members said afterward that even with the increases, the city provided less protection than other cities in the county and should consider increasing them.

This upset some city officials and businesspeople, who said it could threaten downtown redevelopment plans. On the other side, the environmental group Futurewise and the Pilchuck Audubon Society filed an appeal with the state Growth Management Hearings Board, contending the plan didn’t provide enough protection. They asked the state to nullify the city rules passed in the spring. The groups have agreed to keep the action on hold until the new plan is fully vetted.

The new plan has been praised as an effective compromise by the city officials who formerly disagreed on the issue.

Futurewise praised some parts of the new plan but would like to see the wetland buffers expanded from the current high of 190 feet to a high of 300 feet, depending on the type of wetlands, as recommended by the state, said Kristin Kelly, a Snohomish County director for Futurewise. This provides the best environmental protection, she said.

Futurewise also disagrees with the city over whether these rules should apply to the lake. The group and the city interpret state law differently, with city officials saying they can include the lake under next year’s planned update of the state Shoreline Master Program.

If the city stays its apparent course and approves rules other than the environmental group’s recommendations, “we’ll have to examine what they do address and consider whether it’s worth an appeal or not,” Kelly said. “They do set themselves up for a potential challenge.”

Reporter Bill Sheets: 425-339-3439 or sheets@heraldnet.com.

Public hearing

Another public hearing on the city’s environmental rules for new construction in Lake Stevens is 7 p.m. at the Lake Stevens School District Educational Services Center, 12309 22nd Street NE.

For more information, call 425-334-1012.

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