Planning 2019-04-25 Item 3 - Adoption of 4/11/19

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Page 2 Public Hearing Minutes April 11, 2019 • Classification of streams will be consistent with the Washington Department of Fish and Wildlife (WDFW). Buffer averaging will substitute for buffer reduction and interrupted buffer provisions will be added. • Steep slopes regulations will include when peer review of the geotechnical report is required; tree and vegetation retention on slopes will be required; and reference to mapping sources such as liquefaction and landslide hazards will be added. • Reference added to Special Hazard Flood Areas TMC Chapter 16.52; and floodplain habitat assessment requirements included. • Fish and wildlife conservation areas made consistent with Growth Management Act's (GMA) definition. A requirement for habitat assessment has also been added. • Housekeeping items included amending or adding the following sections: vesting; expiration of decisions related to critical areas; permitted "uses" changed to "activities"; vegetation protection section added; reorganization of mitigation sequencing section; penalties section added; non -conforming provisions amended and an inventory of critical areas update and maintenance section added. Ms. Dhaliwal briefed the Commissioners on the progress of the project, which was started in October 2018 and there have been two work sessions since then. After the public hearing tonight staff will come back to the PC with a summary of public comments including staff responses. After the PC deliberation and recommendation, this item will go before the City Council. The City Council will then have a public hearing and make the final decision. She entered into the record four comment letters from the public PUBLIC COMMENTS: Don Scanlon, resident, said he thinks there is an error in regard to+the change in Section 18.45..110 where a section pertaining to upgrade to culverts was `taken out, he said it should be put back in. Storm water is different from ditch water and culverts that connect, small water bodies to streams. While people are talking about Orcaiand Salmon conservation these little ditches and streams are where water flow starts. Addressing the culvert issue is important for risk mitigation as there is currently a lawsuit regarding culverts between the State and the Tribes. Eventually this will be handled at the City level and this could hurt us in the future if we aren't prepared. Nancy Rogers, representing Segale Properties, stated she submitted a comment letter. She stated that the Tukwila South project is vested not only due to the development agreement but because we did a sensitive areas master plan (SAMP), now a critical areas master plan (CAMP). She said there are two areas that could be improved. 1) Add language clarifying that when a developer creates a master plan to enhance wetlands or mitigation areas, they are not penalized later by having a larger buffer imposed on their developable land. 2) Vesting provision in 18.45.190 should be amended to be more flexible. Commissioner. Mann asked a clarifying question about the vesting date. Ms. Rogers stated that she is suggesting that for five years following final plat approval you have the right to build on the plat according to the rules that were in affect at the time of plat approval Kevin Broderick, architect representing Vietnamese Martyr's Church, said applicants should be vested to the codes under which the application was started. Todd Smith, resident, said the process is hypocritical. He said the City owns a lot of property they don't take care of, but private people have to take care of their property. He further wanted to know what the "science" was upon which the stated changes were based. How are the buffer distances any different from 10 years ago? Is this update just a staff thing? He said, the City should have to take care of the property they manage just like the residents are required to. Joseph Ayala, property owner, said the City is forcing fraudulent charges on his property located at 13610 Macadam Rd. He said the City is charging them for drainage onto their property from city projects. He requested the City consider the surrounding projects when levying charges. He said he 2