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City of Tukwila Planning Commission <br />March 28, 2019 <br />Page 2 <br />Also listed in this matrix is "Fill, General", which is listed as a Conditional Use in the Urban <br />Conservancy Environment, and subject to various additional restrictions. We believe this matrix is properly <br />read. applied and interpreted such that any fill necessary for the activity of Flood Hazard Reduction, in the <br />form of developing or a redeveloping a levee is an expressly Permitted use, and not a Conditional Use, even <br />though it is "fill". If the City or Ecology intends this matrix to be read and applied otherwise, then the matrix <br />must be amended to clearly state that any fill required for Flood Hazard Reduction work is a Permitted use. <br />2. Proposed 18 44 040 Shoreline Buffers <br />Note 5 explains that upon reconstruction of a levee to the levee standards in the SMP regulations, the <br />buffer can be reduced to the actual width required for the levee. Segale agrees this is a logical regulation. <br />We question why Note 5 goes on to state "...If the property owner provides a 15-foot levee <br />maintenance easement landward from the landward toe of the leyee...- We believe that requirement can be <br />10-feet. especially where the King County Flood Control District has already recognized it as a 10-foot wide <br />maintenance easement. The March 28, 2019 Staff Report to the Planning Commission states that the <br />"current Flood Control District access road standard is 15', not the 10' built into [the City's] current buffer <br />calculation." We assume that is why Note 5 of the Shoreline Buffers section references 15 feet. However, <br />there may be situations in which the actual required easement already exists and was set at 10 feet by prior <br />agreement with the Flood Control District. Therefore, we recommend that the language quoted above be <br />revised to read: .If the property owner provides a 15 foot levee maintenance easement (which easement is <br />typically 10 or 15 feet in width with the width is set by the King County Flood Control District) landward <br />from the landward toe of the levee..." <br />3. Proposed I 8,44„050.C, Development Standards for the _Urban Conservancy Emviroprnent <br />Restrictions. <br />We appreciate the height incentive offered in proposed TMC 18.44.050.C.3.d. Going to 30% allows <br />an additional 13,5 feet. Commercial structures can require 15 feet per story. We suggest the City increase <br />the incentive to 35%, which would provide 15.75 feet. Two full stories of a commercial, or even residential <br />construction are not typically feasible with less than 16 feet, but an additional full commercial story is more <br />likely to be attained at 15.75 feet than with 13.5 feet. <br />4 Proposed 18.44.050.H, Development Standards for the Urban Cons'ervancy Environment -- <br />Environmental Impact Mitigation. <br />The proposed added language at section 18.44.050.H.1 referencing improvements targeted at specific <br />wildlife should be deleted. A similar statement about specific wildlife is better included in a recital to the <br />Ordinance not in the regulatory language, and we propose a recital under item 5, below. In addition, the <br />reference to "improvements" creates an ambiguity in the ordinance, contrary to the stated purpose of this <br />periodic update, and potentially would create an unattainable standard. <br />(03700624,DOCX;2 <br />10 <br />