Kirkland Planning Commission Study Session on Critical Areas Ordinance Update - September 25, 2025
Kirkland Planning Commission Study Session on Critical Areas Ordinance Update - September 25, 2025
The Kirkland Planning Commission met on September 25, 2025, from 6:00 PM to 7:19 PM in the Council Chamber. The primary agenda item was a study session (Briefing #3) on the Critical Areas Ordinance Update (CAM25-00248), covering proposed amendments to Chapters 85 (Geologically Hazardous Areas) and 90 (Critical Areas). The Commission also approved minutes from four prior meetings and received an update on upcoming meeting schedules.
Public Comments & Testimony
- One audience member approached the dais early in the meeting to clarify when they could ask questions; no formal public comment was made during the designated periods. (Note: This differs from the agenda and minutes which stated "None".)
Discussion Items
- Critical Areas Ordinance Update – Briefing #3 - Staff (Senior Planner Jennifer Anderer for Ch. 85 and Environmental Program Coordinator Anna Heckman for Ch. 90) presented proposed amendments. For Chapter 85: new landslide hazard definitions (including a minimum 5-foot height for moderate landslide areas), exemptions from geotechnical reports and peer review for low-risk projects (e.g., repairs, decks under 200 sq ft, second-story additions within existing footprint), removal of structural setback proposal (simplified via other provisions), clarified vegetation removal requirements (directing to tree code in Ch. 95), and new guidance for natural greenbelt protective easements based on geotechnical recommendations to restrict development in high-risk zones. For Chapter 90: new and updated definitions (e.g., anadromous, climate-ready vegetation, no net loss, riparian management zone), clarity edits on buffers (renaming "regulated buffer" from "standard/expanded"), exemptions for public property restoration and emergency activities, updates to industry best management practices for mitigation and monitoring (e.g., allowing reduced monitoring for high-performing sites), no net loss requirement clarifications including one-to-one mitigation for legal nonconformances, and the introduction of a Riparian Management Zone (RMZ) option as an alternative to doubling stream buffers (state recommendation of 100 ft non-fish, 200 ft fish-bearing). Staff explained the RMZ approach aims to balance habitat and water quality with existing development constraints, adding tree retention and restoration requirements within 150 ft of streams without expanding regulatory buffers. Commissioners asked for additional details, including comparison with other cities, mapping of impacted properties (staff noted ~4,000 postcards sent to properties within 150 ft of streams, and ~2,000 homes on streams), clarification of RMZ triggers, and analysis of potential impact. Commissioner Bouniol noted a letter from MBAX (Master Builders Association of King and Snohomish Counties) raised concerns about flexibility; staff agreed to provide a response outlining where the draft code addresses those concerns.
Administrative Reports & Calendar Update
- Deputy Director Allison Zike reviewed upcoming meeting agendas. The next meeting on October 9, 2025, will feature the public hearing for the Critical Areas Ordinance Update, with October 23 reserved as a potential continuation date. The Commission will also hold a public hearing at its only November meeting (date to be confirmed) for the annual Comprehensive Plan amendments, including a park land use redesignation, updates to the Utilities Element, transportation map reference, narrative history appendix edits, and capital facility plan updates. Commissioners agreed to proceed directly to public hearing without a prior briefing.
Key Outcomes
- Minutes Approval: The Commission voted unanimously (7-0) to approve the minutes of the KPC Retreat on January 18, 2024, and the regular meetings of June 12, July 10, and July 24, 2025.
- Next Steps: The Critical Areas Ordinance Update will be brought back for a public hearing on October 9, 2025, with October 23 reserved if needed. Staff will prepare a response to the MBAX letter and provide additional information requested by the Commission (e.g., buffer impact maps, comparison with other cities). The annual Comprehensive Plan amendments will be scheduled for a November public hearing.
Meeting Transcript
This meeting of the Kirkland Planning Commission is called to order. Let's start with a roll call. Margaret Bunyall. Aaron Jacobson. Here. Gina Medea. Yeah. Julia Nolan. Here. Scott Ricer. Yeah. Angela Rossman. Here. Ronnie Rutherford. Here. And with a majority of commissioners present, we have a quorum and may conduct business. The next item on the agenda is comments from the audience. Are there any members of the audience either in the room or online who would like to speak to the commission? If you're online, you can press the raise hand button. Yeah, we have one here. Yeah, you can go ahead and come straight on up if you'd like to speak. This is our first time coming to something like this. So it was more of me just asking, like if at any point in time, if we have a question. So not necessarily that I have a question just yet. Okay. We have there is time at the beginning of the meeting and time at the end of the meeting for public comment. So we only have one major item on the agenda, so you can see. I would say the question questions would be to staff. Yeah. If you have questions. I'd say, yeah. Okay. Sounds good. All right. Then seeing that there's no one else who wishes to speak to the commission at this time. We will proceed on to the next item on the agenda, which is special special presentations. We have none today. The next item is our study session on the critical areas ordinance update. Steph, would you like to get us started on that? Yes, thank you, Mr. Chair. Before we jump into critical area ordinance, wanted to welcome our newest planning commissioner to the dais, Commissioner Bunyall. So very excited to have you all back to seven commissioners and excited to have uh Commissioner Bunyall on board before we hit the public hearing for the critical areas ordinance update. Uh we have briefed you on this one before. Um, this is really intended to be a good deep dive into the critical area ordinance update for you tonight. It's the only item on your agenda, so we gave ample time to answer any questions you might have. Um we did include full drafts of all the code amendments in your packet for tonight to give both you and any members of the public good opportunity to look into those draft code amendments prior to the public hearing. Staff's gonna walk you through really the significant changes in the code that we expect to result in some change on the ground, and they'll do a lighter touch on some of the amendments that are more along the lines of clarity edits and things like that. For each of those items that might result in change, they're really we're really asking you the same few questions for each of them, and staff's gonna do a lot of call and response with y'all tonight. So for each of those items, we're gonna be wanting to understand from you if you have any questions about the proposed amendment, if you'd want to potentially see any changes to that amendment prior to the public hearing, or if you need any additional information or background information about that amendment before the public hearing, so that we make sure that you're well prepared for that.
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