Update Memo 2-13-09

Memo To:

City of Oak Harbor Planning Commission

From:

Ethan Spoo, Senior Planner

Date: 11/19/2009 Re:

Update and Next Steps for Low Impact Development (LID) Standards Project

Purpose The purpose of this memorandum is to update the Planning Commission on the Puget Sound Partnership Low Impact Development Technical Assistance Project, as well as request preliminary input on major policy questions and discuss upcoming stakeholder involvement. The remainder of the memorandum is organized as follows: •

Background brings the reader up-to-date on the project and its connection with two other City projects, the Subdivision Code Update and the Stormwater Code Update.

•

What is Low Impact Development (LID)? Briefly defines low impact development.

•

Policy Context discusses local, regional and State initiatives for low impact development and how they affect the City of Oak Harbor.

•

LID Policy Summary summarizes the major policy questions that staff is looking for direction on and that the City will need to consider going forward.

•

Possible Next Steps discusses what next steps in the project may be.

Background Late in 2007, the City applied to receive technical assistance from the Puget Sound Partnership (PSP) to help integrate LID standards into the Code. After being selected as one of the 13 Puget Sound jurisdictions to receive assistance, Oak Harbor met with PSP’s consultant, AHBL, several times during 2008. Coupeville was also selected. AHBL helped the City identify areas where LID standards could be integrated into the Code and drafted proposed LID language. The sections of the Code reviewed by

 Page 1

AHBL were: (1) Chapter 11.17 – Street Design Standards (2) Title 12 – Stormwater (3) Title 19 – Zoning (4) Title 21 – Subdivisions and, (5) Engineering Standard Details. Now that AHBL has drafted proposed code language for the City, staff are beginning an internal review. The LID code project has close connections with two other separate, but related projects: (1) the Subdivision Code Update and (2) the update of the Stormwater Code Update. In June, Planning Commission is anticipated to complete a draft of their revisions to the Subdivision Code and forward them to Council. Between now and June, staff will work with Planning Commission to determine what LID code standards are appropriate to be included in the Subdivision Code Update. The Stormwater Code Update is scheduled to be completed in August and may also incorporate LID provisions. Additional LID standards could be adopted over the remainder of 2009 and into 2010, if necessary, which are not included in the City’s Subdivision and Stormwater Codes. At the end of 2009, staff is required to file a report with PSP documenting progress in adopting LID standards. The project does not necessarily have to be complete by then. Ultimately, it is the City’s discretion as to what LID standards make their way into our code and how we choose to implement these standards. Once staff has completed internal review and stakeholder involvement, we will return to Planning Commission, Governmental Services and City Council for final discussion of proposed LID standards prior to adoption.

What is LID? LID is a set of design techniques which seek to reduce the impacts of stormwater pollution on wetlands, streams, rivers, lakes and the ocean. LID techniques tend to focus on treating stormwater through infiltration near where it occurs before pollution can enter water bodies, rather than directing the flow to pipes, and treating / detaining it in large ponds as is more commonly done. LID techniques include narrow streets, use of landscaping for treatment, and reducing impervious surfaces, among others. In some cases, LID designs can also reduce development and maintenance costs since they reduce the need to create large stormwater detention and conveyance facilities, although this is not always true. A 2007 study conducted by the U.S. EPA (Environmental Protection Agency) found that use of LID techniques reduced overall stormwater development costs (not maintenance costs) between 15% and 80% for the 12 projects sampled.1 However, anecdotal evidence suggests that in some cases development and maintenance costs can actually be higher using LID. The ability for LID to result in cost savings is project-specific and depends on a site’s conditions and LID technologies available to the developer.

Policy Context Local The City’s Municipal Code Title 12 (Stormwater) already makes reference to LID techniques and encourages their use, but does not spell out a program of options for developers. In some instances, there may be barriers in the existing Code for developers who seek to utilize LID technologies. Nevertheless, LID techniques have been encouraged and implemented on an ad hoc basis as staff arrived at site-specific solutions with applicants. Regional The Washington State Legislature formed the Puget Sound Partnership in 2007. PSP is a group of citizens, business interests, scientists and regional representatives tasked with overseeing the 1

“Reducing Stormwater Costs through Low Impact Development (LID) Strategies and Practices.” Publication Number EPA 841-F-07006, December 2007.

 Page 2

environmental health of the Sound. Since the Sound is a regional waterbody that affects many cities, counties and special districts, PSP develops unified efforts for mitigation, regulation, incentives, education and clean-up efforts across jurisdictions. PSP has established a list of priority projects that they would like to accomplish. Helping cities and counties integrate LID requirements and developing LID incentives are some of their near-term priorities. The 2000 Puget Sound Water Quality Management Plan directs local governments to adopt ordinances which allow for and encourage LID techniques. At this time, there are no regional laws that make LID standards mandatory – jurisdictions can choose whether they adopt LID standards as mandatory, voluntary or based on incentives. State of Washington The State has not passed legislation requiring implementation of LID techniques, but instead relies on local and regional governments to make these choices for themselves. The State regulates stormwater discharges into public waters such as wetlands, streams, rivers, lakes and the ocean through the NPDES (National Pollutant Discharge Elimination System). The NPDES Phase II permit, of which Oak Harbor is a party, requires that Oak Harbor develop a Stormwater Management Program by August 2011 which educates “homeowners, landscapers and property managers” about LID techniques, and also allows for LID techniques to be used. In compliance with this permit, Oak Harbor has already created an Environmental Educator position. The NPDES Phase II Permit does not require the use of LID techniques, but does promote their use.

LID Code Summary The LID techniques suggested to the City by AHBL generally fall into seven categories, described below. Staff seeks Planning Commission’s initial thoughts as to whether such requirements should be mandatory, voluntary or incentive-based. •

Streets. New code language establishes three new optional narrow streets: LID Collectors, LID Arterials and LID Residential Streets. Also new language to allow use of permeable surfacing materials for sidewalks and streets. Policy questions: Do we want to allow for narrower collector, arterial and residential streets? Do want to allow for permeable paving materials in sidewalks and streets?

•

Impervious lot area requirements. New code language which sets minimum areas for lots in each zone which must be kept free of impervious surface. The existing code already sets limits on impervious surface in the R-2, R-3 and R-4 zones. The new standards will set impervious surface limits in all other zones; PRE, R-1, C-1, CBD, C-3, C-4, C-5, PBP, PF and M-H zones. Policy question: Do we want to restrict the amount of impervious surface in all zones?

•

PRD open space requirements. New code language would require 20% open space in PRDs, rather than the 10% now required. Policy question: Do we want to increase open space requirements in PRDs?

•

Parking. New code language suggests that LID stormwater facilities be part of parking lots, i.e. landscape strips, as opposed to separate ponds. Sets 30% minimum for pervious surfacing in new or remodeled parking lots. Policy questions: Do we want to require / encourage LID stormwater facilities in parking lots? Do want to require / encourage 30% pervious surfacing in new or remodeled parking lots?

•

Landscaping and Screening. New code would require that certain percent of native vegetation be retained for each zone, protects native vegetation areas in perpetuity, requires

 Page 3

approval for tree topping and thinning, allows retained trees to be counted toward native vegetation requirements, cleared sites must be replanted with native vegetation, requires that vegetation management plan be submitted for all development. Policy questions: Do we want to require native vegetation areas? Do we want to limit replanting species to local and drought-tolerant? Do we want to require added vegetation management plan in addition to landscape plan already required? •

Land Clearing. New code for clearing would essentially do two things: (1) seek to minimize grading and limit it in natural and critical areas and (2) set up best management practices (BMPs) to require developers to limit erosion and prevent sediments from entering water bodies or storm systems during construction. The existing code already requires BMPs through the stormwater title and DOE manual, although these BMPs are not as restrictive or detailed as the proposed BMPs. Policy questions: Code already requires that grading adhere to plan, so no net effect here. Do we want to adopt more detailed descriptions of BMPs during construction?

•

LID projects. New code sets up and defines concept of a qualified “LID project” whereby a developer can meet certain LID performance standards and qualify for city incentives. Also allows greater flexibility in design (lot sizes and widths, density, and setbacks) similar to a PRD to achieve LID goals. Policy questions: Do we want to provide incentives for LID development and a separate permitting process which allows more flexibility in design for achieving LID goals?

Possible Next Steps The LID project itself does not have a fixed deadline. As mentioned previously, the City is required to file a report with PSP at the end of 2009 documenting our progress and then again in 2010. Because of the overlap of this project with the Subdivision Code Update and the Stormwater Code Update, the project could end earlier then 2010, depending on how the public involvement process and interactions with Planning Commission and City Council unfold. Staff would appreciate Planning Commission input as to what type and extent of public involvement they would like to see for this process.

 Page 4

•

Internal review. Staff have already begun an internal process to review the proposed code language and remove or revise this language prior to introduction to the public.

•

Public involvement. Preliminarily, staff are considering having a public involvement process to vet some of the new code after internal review and prior to returning to Planning Commission, Council etc. We believe public input is important, but the details of that involvement program have not been worked out yet.

•

Public Hearings. After completing the public involvement process, staff will present a working draft of the code to Planning Commission near the middle of 2009 and will present a Planning Commission final draft to Council after that point.

•

Adoption. When Planning Commission and Council are comfortable with the new language. It is anticipated that this could occur late in 2009.