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HomeMy WebLinkAboutCOW 2010-07-26 Item 4A.5 - Ordinance - Sensitive Areas (SAO) and Map Amendments - CAP MinutesEXPENDITURE REQUIRED $NA Fund Source: NA Comments: MTG. DATE 7/26/10 MTG. DATE 7/26/10 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayiew 1 ,oundl review 07/26/10 1 JP y9 l /v,. 08/02/10 1 JP I AMOUNT BUDGETED $NA !TEN INFORMATION CAS NUMBER: 10-084 'ORIGINAL AGENDA DATE: JULY 26, 2010 AGENDA ITEM TITLE Revisions to the Sensitive Areas Ordinance (SAO), TMC 18.45 CATEGORY Discussion Motion Resolution Ordinance 13zd Award Public Hearing Other Mtg Date 7/26/10 Mtg Date Mtg Date Mtg Date 8/2/10 Mtg Date Mtg Date 7/26/10 Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S The ordinance revises the wetland classification system, adds references to the State's SUMMARY watercourse rating system, clarifies information to be included in sensitive area special studies and mitigation plans; clarifies where buffer mitigation must be carried out; removes seven areas from the SAO maps that do not meet the criteria for sensitive areas. After the close of the public hearing, staff would like direction on the process and level of review by Council of the SAO revisions. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 7 -12 -10 CAP; Planning Commission approved revisions on 6 -24 -10 RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMIT I"LE Unanimous approval; Forward to Committee of the Whole COST 'IMPACT` FUND SOURCE RECORD;:OECOUNCIL ACTION ITEMNO. 3 c 4,11. APPROPRIATION REQUIRED $NA ATTACHMENTS Informational Memorandum dated 7/21/10 Draft Ordinance Annotated proposed SAO revisions Proposed SAO Map Removals (7) Addendum to SAO departures Memo for Wetland and Watercourse Buffer Widths Minutes from Community Affairs and Parks Committee meeting of 7/12/10 Attachment E Legislative History Folder (red) *Community Affairs Parks members Please bring red folder from 7/12 COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes July 12, 2010 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Joe Duffle, Chair; Joan Hernandez and Verna Seal Staff: Jack Pace, Nora Gierloff, Sandra Whiting, Joyce Trantina and Kimberly Matej Guests: Mary Hulvey, Sunny Mulholland, Bret Mulholand, Marlin Ayotte and Elaine Ayotte CALL TO ORDER: Committee Chair Duffle called the meeting to order at 5:02 p.m. I. PRESENTATIONS No presentations. City of Tukwila Community Affairs and Parks Committee II. BUSINESS AGENDA A. 2010 Sensitive Areas Ordinance and Man Amendments Staff is seeking Council approval of a draft ordinance which provides updates to the regulations for development in/on sensitive areas. The Council last adopted sensitive areas regulations in 2004. Since that time, staff has identified several areas of the regulations that are in need of technical clarification and improvement, updates to better address Best Available Science (BAS) and new issues that need to be addressed. Staff reviewed the following changes in the draft Sensitive Areas Ordinance (SAO): 1) In 2004, the City originally departed from Best Available Science in three areas of the SAO. In the new ordinance, the City only departs from one area which is relative to buffer widths 2) The key changes to the SAO are outlined in detail in Attachment B. Annotated Proposed SAO Revisions of the Committee Agenda Packet. The following changes were highlighted in the meeting: Requires more detail for sensitive areas studies and mitigation plans, improving information; Adds additional performance standards for wetlands and streams; Changes the City's classification system for wetlands from a three tiered approach to a four tiered approach (essentially replaced by State regulations); Clarifies buffer mitigation and concessions for buffer reductions; Changes the monitoring period for a forested system from 5 years to 10 years; and Clarifies piping of water courses and fish passages (staff clarified that the City is not requiring daylighting of streams); Provides new enforcement provisions and penalties; and Clarifies the financial assurance section. 3) Removal of items /areas from the Sensitive Areas Map because they do not fit the definition of sensitive area, or the area has been altered by permit and mitigation. The draft ordinance also allows the Department of Community Development Director to make administrative additions /deletions to the Map without requiring Council approval. The Planning Commission held a public hearing on the proposed revisions, accepted testimony, and incorporated most suggested changes into the draft ordinance. Staff reported that all of the sensitive areas information is available on the City's website. 121 122 Community Affairs Parks Committee Minutes July 12. 2010 Paae 2 Committee members requested that staff add a requirement for notification vegetation removal being done in sensitive areas to the draft ordinance when it comes forward to Council. Additionally, the Committee recommends that staff prepare a matrix of public comments from the July 26 Public Hearing prior to returning to Council for approval. If there are no comments, Committee recommends following regular process UNANIMOUS APPROVAL PER RECOMMENDATIONS ABOVE. FORWARD TO JULY 26 COW FOR DISCUSSION PUBLIC HEARING. III. MISCELLANEOUS Meeting adjourned at 5:43 p.m. Next meeting: Monday, July 26, 2010 5:00 p.m. Conference Room #3 Committee Chair Approval Mi tes by KAM. Reviewed by SW