HomeMy WebLinkAboutReg 2020-03-02 COMPLETE AGENDA PACKETTukwila City Council Agenda
• ❖ REGULAR MEETING ❖
Allan Ekberg, Mayor Counci/members: ❖ Verna Seal ❖ Kathy Hougardy
• ; David Cline, City Administrator ❖ Kate Kruller •:• Thomas McLeod
De'Sean Quinn, Council President ❖ Zak Idan •:• Cynthia Delostrinos Johnson
Monday, March 2, 2020; 7:00 PM • Ord #2625 • Res #1983
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL
2. SPECIAL
a. Oath of Office to:
PRESENTATIONS
Police Officer Jon Thomas (Badge #242)
Police Officer Aaron Zwicky (Badge #253)
Police Officer Kenneth Etheridge (Badge #254)
Police Officer Jarrett Wells (Badge #255)
Bruce Linton, Police Chief
b. New employee introductions and promotions.
Department of Community Development:
Nancy Eklund - Senior Planner
Yorusalem Mengistu - Associate Planner
Elisa Villegas - Permit Technician
Finance Department:
Elveena Narayan, Payroll Supervisor
Parks & Recreation:
Michael Anderson, Fleet Maintenance Technician
Kevin Armstrong, Golf Maintenance Specialist
Brad Burnham, Administrative Technician
Tesh Edesa, Lead Maintenance Specialist
Francisco Jimenez, Parks Maintenance Specialist
Ryan Rosevear, Golf Supervisor
Cindy Works, Preschool Teacher
Police Department:
Kisha Gibson, Records Specialist
Public Works:
Adib Altallal - Utilities Engineer
Steven Plaza — Surface Water Maintenance
Jennifer Ronda - Administrative Support Specialist
Dane Sashko — Surface Water Maintenance
Robert Tagaban — Facilities Maintenance
3. APPOINTMENT
Confirm the appointment of Dr. Eileen English to Position #3 on
Pg.1
the Equity and Social Justice Commission, with a term expiring
December 31, 2021.
4. PUBLIC
At this time, you are invited to comment on items not included on this agenda
COMMENTS
(please limit your comments to five minutes per person). To comment
on an item listed on this agenda, please save your comments until the issue is
presented for discussion. (Refer to back of agenda page for additional information.)
(continued...)
REGULAR MEETING
Monday, March 2, 2020
Page 2
5. CONSENT
a. Approval of Vouchers
AGENDA
b. Authorize the Mayor to sign an agreement with King County to
Pg.7
receive tax levy funds for Parks and Recreation capital projects
(estimated proceeds to the City is $960,000 over 6 years).
[Reviewed and forwarded to Consent by the Community Services and
Safety Committee on 2124120. ]
c. Authorize the purchase of Parks and Recreation capital budget items
Pg.21
in the amount of $2,680,000, to include approval to apply for related
grants (final grant agreements will come back to Council for
approval). [Reviewed and forwarded to Consent by the Community
Services and Safety Committee on 2124120. ]
d. Approve an application from Virtual Sports for lodging tax funds for
Pg.33
a Tukwila E-Sports Initiative in the amount of $30,000.00.
[Reviewed and forwarded to Consent by the Planning and Economic
Development Committee on 312120.]
6. UNFINISHED
a. Authorize the Mayor to sign an agreement with the Davenport Group
Pg.67
BUSINESS
in conjunction with Dell Financial Services for Dell laptops, in the
amount of $476,317.00 (includes sales tax).
Please refer to 2124120 C.O. W. packet Q
b. Authorize the Mayor to sign a contract in substantial form as the
Pg.69
documentation in the agenda packet with OpenGov for a Citywide
budget software tool, in the amount of $348,290.00 (exclusive of
sales tax).
Please refer to 2124120 C.O, W. packet. Q
c. Authorize the approval of hiring of two additional full-time Police
P9.71
Support Officers for inmate appearance in Court, in the amount of
$188,000.00.
Please refer to 2124120 C.O. W. packet. Q
d. Authorize the approval of funding for the Police records digitization
Pg.73
project, in the amount of $150,000.
Please refer to 2124120 CO. W. packet. Q
e. Authorize financing for the 42nd Avenue South Bridge Replacement
Pg.75
Project to include continued monitoring, structural analysis in the
amount of $39,000, and initial design funding in the amount of
$1,000,000 (based on approval of all three options in the agenda
documentation.)
Y Please refer to 2124120 C, O. W. packet. Q
f. Authorize City Administration to enter into contract negotiations for
Pg.77
legal services.
Please refer to 2124120 C.O. W. packet. Q
(continued...)
REGULAR MEETING
Monday, March 2, 2020
Page 3
6. UNFINISHED
g. Shoreline and Critical Areas code updates.
Pg.83
BUSINESS
(1) Critical Areas:
Pg.89
(cont.)
An ordinance adding, repealing and amending various definitions as
codified in Tukwila Municipal Code (TMC) Chapter 18.06, "Definitions,"
as identified herein; amending and recodifying various ordinances as
codified in multiple sections of TMC Chapter 18.52, "Landscape
Requirements;" amending Ordinance No. 2443 §25, as codified at
TMC Section 18.28.240.C; amending Ordinance No. 2570 §3, §4, §5,
§6, §7, §9, §12, §17 and §20, and Ordinance No. 1758 §1 (part), as
codified at multiple sections of TMC Chapter 18.54, "Urban Forestry
and Tree Regulations;" amending Ordinance No. 2518 §15 and
Ordinance No. 1819 §1 (part), as codified at TMC Section 18.70.050;
repealing Ordinance Nos. 2175 and 2077, as codified at TMC Section
18.70.050; repealing Ordinance No. 2301, as codified in multiple
sections of TMC Chapter 18.45, "Environmentally Sensitive Areas;"
repealing Ordinance No. 2368 §47, §48, §49 and §50, as codified at
various sections of TMC Chapter 18.45 as identified herein; reenacting
TMC Chapter 18.45, "Environmentally Sensitive Areas," to amend and
establish new regulations related to critical areas.
(2) Adopting a Shoreline Master Program:
Pg.179
An ordinance repealing Ordinance No. 2344; repealing the 2011
Shoreline Master Program; approving and adopting a new Shoreline
Master Program update for the City of Tukwila to incorporate new
State requirements.
(3) New zoning regulations related to shoreline uses:
Pg.241
An ordinance repealing various definitions as codified in Tukwila
Municipal Code (TMC) Chapter 18.06, "Definitions"; repealing
Ordinance No. 2346 and 2549 §23; reenacting TMC Chapter 18.44,
"Shoreline Overlay," to establish new regulations related to shoreline
uses; amending various ordinances as codified in TMC Sections
18.52.030, 18.60.050 and 18.104.010 to update zoning regulations
related to shoreline uses.
7. NEW BUSINESS
8. REPORTS
a. Mayor
b. City Council
c. Staff - City Administrator Report and
Pg.305
Monthly Construction and Budget Report
d. City Attorney
e. Council Analyst
9. MISCELLANEOUS
10. EXECUTIVE SESSION
11. ADJOURNMENT
Tukwila City Hall is ADA accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office (206-433-1800 or TukwilaCityClerk(cTukwilaWA.gov). This agenda is available at
www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio/video taped (available at www.tukwilawa.gov)
HOW TO TESTIFY
When recognized by the Presiding Officer to address the Council, please go to the podium and state your
name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit
your comments to 5 minutes. The Council appreciates hearing from citizens and members of the public, and
may not be able to answer questions or respond during the meeting.
PUBLIC COMMENTS
Members of the public are given the opportunity to address the Council on items that are NOT included on
the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. If you have a
comment on an Agenda item, please wait until that item comes up for discussion to speak on that topic.
SPECIAL MEETINGS/EXECUTIVE SESSIONS
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters as prescribed by law. Executive Sessions are not open to the public.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public
interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2,04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
3. Each side is then allowed 5 minutes for rebuttal.
4. Members of the public who wish to address the Council may speak for 5 minutes each. No one may
speak a second time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at that time.
6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss
the issue among themselves, or defer the discussion to a future Council meeting, without further public
testimony. Council action may only be taken during Regular or Special Meetings.
COUNCIL MEETING SCHEDULE
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings - The Mayor, elected by the people to a four-year term, presides at all Regular Council
Meetings held on the 1 st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official
Council action in the form of formal motions, adopting of resolutions and passing of ordinances can
only be taken at Regular or Special Council meetings.
Committee of the Whole Meetings - Councilmembers are elected for a four-year term. The Council
President is elected by the Councilmembers to preside at all Committee of the Whole meetings for a
one-year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed there are forwarded to Regular or Special Council meetings for official action.
COUNCIL AGENDA SYNOPSIS
Initials
MeetinS Date
Prepared by
Mayors review
Council review
03/02/20
CT
ITEM INFORMATION
ITEMNO.
3
STAFF SPONSOR: MAYOR EKBERG
ORIGINAL AGENDA DATE: 03/02/20
AGENDA ITEM TITLE Recommended appointment of Dr. Eileen English to the Equity & Social Justice
Commission
CATEGORY ❑ Discussion
Mtg Date
® Motion
Mtg Date 03/02/20
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑Council ®Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑PW ❑Court
SPONSOR'S Recommended appointment of Dr. Eileen English to Position #3 of the Equity and Social
SUMMARY Justice Commission.
REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMFITEE
COST IMPACT / FUND SOURCE
EXPENDPI'URE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
03/02/20
MTG. DATE
ATTACHMENTS
03/02/20
Informational Memorandum dated 02/11/20
2
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: City Council
FROM: Mayor Ekberg
DATE: February 11, 2020
SUBJECT: Appointment to the Equity and Social Justice Commission
ISSUE
Position #3 Community Representative is currently vacant.
Equity & Social Justice Commission
Position #3 Community Representative: This position is currently vacant. I am recommending
the appointment of Dr. Eileen English to this position. Dr. English also serves on the Human
Services Advisory Board and will be a valuable addition to the Equity and Social Justice
Commission. The term for this position expires December 31, 2021.
RECOMMENDATION
I am recommending this reappointment be confirmed by Council at the March 2, 2020 Council
Meeting.
3
11
City Of Tukwila
Tukwila City Hall
6200 Southcenter Blvd
Tukwila, WA 98188
Phone: (206) 433-1800 Fax: (206) 433-1833
RECEIVED
MAY 28 2019
CITY OF TI1,101VIL
Email: Boar dsComms .tukwilawa.gcv
Website: \Afww.tukwilawa.ctov
Application for Appointment
BOARDS AND COMMISSIONS
Please complete the ENTIRE application form. Applicants may attach a cover letter and/or a resume
totaling no more than three pages.
DATE: L6y�Z&Aq
NAME:
Last
ADDRESS:
MAILING ADDRESS (if different):
HOME PHONE:
EMPLOYER: eL: ncn
A
First M.I.
City Zip
CELL/MOBILE PHONE:
E-MAIL:
Please check all that apply to you within the City of Tukwila limits:
0" Resident ❑ Business Owner/Representative
❑ School District Representative ❑ High School Student
I wish to be considered for appointment to the following board or commission (check all that apply):
COMMISSIONS:
❑
Arts
❑
Civil Service
Q
Equity & Social Justice
❑
Park
❑
Planning
fl Other/Special Committee:
BOARDS & COMMITTEES:
❑ Community Police
R Human Services
® Library
❑ Lodging Tax
HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS? ❑ Yes 21 No
If "yes", please list:
AVAILABLE TO ATTEND MEETINGS: Q Daytime ETEvenings
Please contact me regarding other City of Tukwila volunteer opportunities (check box): Z
INTERVIEW DATE:
FOR CITY USE ONLY:
APPOINTED: ❑ Yes ❑ No TERM EXPIRES:
5
BOARDS/COMMISSIONS APPLICATION FOR APPOINTMEI
Professional/Community Activities
H obbieslinte rests:
Qualifications as related to this position:
clubs, service
Uther comments/aciclitional inTormation Tor consicleration:
dLc�-') 61L,
L
:.11. : ... /'-f Jj"O%C'4
Applicant's'Sighature Date
Note: Upon submission, all information on this form becomes public record. For further clarification regarding this application or
more information regarding the boards or commissions, please call (206) 433-1800.
0
COUNCIL AGENDA SYNOPSIS
nitiab------------------ I ITEM NO.
Meeting Date
Pre.pared by
Mayor's review
Council review
03/02/20
RE
ITEM INFORMATION
5.B.
STAFI' SPONSOR: ROBERT EATON
ORIGIN,\L AGENDt\ D,\'I'I?: 03/02/20
AGENDA ITEM TITLE King County Parks Property Tax Levy Agreement
CA'I'EGOIZY ❑ Discussion
Mtg Date
® Motion
Mtg Date 03102120
❑ Resolution
Mtg Date
❑ Ordinance
n�Itg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑Other
Mtg Date
SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑.Fire ❑TS ®P&R ❑Police ❑PIV ❑Court
SPONSOR'S Every six years the City of Tukwila enters into an agreement with King County to receive
SUMMARY funds for Parks & Recreation in Tukwila through the King County's Parks Property Tax Levy.
The previous six -year levy expired at the end of 2019. A new six -year levy for 2020 through
2025 was approved and in order to receive funds from King County, the City needs to enter
into an agreement again. This levy is projecting a $100,000 annual increase in funding for
Tukwila.
REVIEWI_D BY ❑ Trans&Infrastructure ® CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 02/24/20 COMMITTEE CHAIR: KRULLER
RECOMMENDATIONS:
SPONSOR/ADMIN. Parks & Recreation
CON M 71I"', Unanimous Approval; Forward to Consent
COST IMPACT / FUND SOURCE
EXPL:NDITURF, RI?QUIRI-m AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
03/02/20
MTG. DATE
ATTACHMENTS
03/02/20
Informational Memorandum dated 02/24/20
Attachment (King County Parks Property Tax Levy Agreement)
Minutes from the Community Services and Safety Committee meeting of 02/24/20
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Services & Safety Committee
FROM: Rick Still, Parks & Recreation Director
BY: Robert Eaton, Parks & Recreation Manager
CC: Mayor Ekberg
DATE: February 24, 2020
SUBJECT: King County Parks Property Tax Levy Agreement
ISSUE
Authorize the Mayor to sign an agreement with King County to receive Parks Property Tax Levy
funds for Parks & Recreation.
BACKGROUND
Every six years King County approaches King County residents seeking voter approval for a
property tax levy to support parks in King County. A portion of the levy funds are allocated to local
cities. Every six years, the City of Tukwila enters into an agreement with King County to receive and
utilize these funds. Historically, Tukwila has received approximately $60,000 annually from these
levies coming through a couple financial transfers each year. The previous six -year levy expired at
the end of 2019.
DISCUSSION
A new King County six -year property tax levy for 2020 through 2025 was approved by King
County voters in the fall of 2019. In order to receive funds from King County, the City needs to
enter into an agreement again. This levy is projecting a $100,000 annual increase in funding for
Tukwila.
FINANCIAL IMPACT
Projected funds of approximately $160,000.00 annually for six years being transferred from King
County to the City of Tukwila for Parks and Recreation.
RECOMMENDATION
The Council Committee is being asked to consider this item for approval and send to the
Consent Agenda of the March 2, 2020 Regular Meeting.
ATTACHMENTS
A. King County Parks Property Tax Levy Agreement
9
10
PARKS PROPERTY TAX LEVY AGREEMENT
between n
KING COUNTY & (CITY) (, ;��J (,; -TudC w d rk
This Parks Property Tax Levy Agreement (the "Agreement") is made and entered into as of this
day of , 2020, by and between KING COUNTY, a political subdivision of the
state of Washington (the "County") and the City of I ut kw i I C, a State of
Washington municipal corporation ("CITY").
RECITALS
A. The County owns and operates a park system with over twenty-eight thousand (28,000) acres
of regional parks and open spaces, over one -hundred -seventy-five (175) miles of regional
trails, and two -hundred -fifteen (215) miles of backcountry trails. In addition, the County is
the provider of local parks in the rural area and is the transitional provider of local parks in the
urban incorporated areas.
B. Since 2003, on recommendation of the Metropolitan Parks Task Force and direction from the
County Executive and County Council, the County's Parks and Recreation Division has
focused on managing a system of regional parks, open spaces and trails and a limited set of
regional active recreation assets. Consistent with its role as a regional and local rural service
provider under Countywide Planning Policies and the State Growth Management Act, the
County has divested itself of local parks and facilities in urban unincorporated areas as these
areas incorporate or annex to cities.
C. On April 17, 2019, the King County Council adopted Ordinance 18890 which called for a
special election in accordance with RCW 29A.04.321 to authorize a property tax levy in excess
of the levy limitation contained in 84.55 RCW for a period of six (6) years for specified park
purposes.
D. On August 6, 2019, King County voters approved Proposition No. 1 Parks Levy that authorized
an additional six year property tax levy at a rate of $0.1832 in the first year, with subsequent
levies adjusted by inflation for the purpose of: maintaining and operating King County's open
space system; improving parks, recreation, access, and mobility in the King County open space
system by acquiring lands and continuing to develop regional trails; improving parks and trails
in and acquiring lands by metropolitan parks districts, towns, and cities in King County;
funding environmental education, maintenance, and conservation programs at the Woodland
Park Zoo; finding capital construction at the Seattle Aquarium; and funding for capital
improvements at publicly owned pools, for all King County residents.
NOW, THEREFORE, in consideration of the mutual promises and undertakings hereinafter set
forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree as follows:
11
King County Parks Property Tax Levy
2020-2025 Agreement
AGREEMENT
Definitions. As used in this Agreement, the following terms shall have the following
meanings:
A. "Annual Report" shall mean the annual report prepared by the CITY and provided to the
County annually by May 3 1 " beginning in 2021 setting forth a summary of CITY Projects
for the preceding year, along with a complete financial accounting for the use of the
CITY'S Share, and a listing of all capital investments made at the CITY funded in whole
or in part by County Levy Proceeds, and for the 2020 annual report the CITY shall
identify the dollar amount of the CITY's Existing Funds.
B. "CITY" shall mean the City of I G, ky/ i State of Washington,
and all of its boards, commissions, departments, agencies and other subdivisions.
C. "CITY Parks System" shall mean any building or other structure related to parks or
recreation, parks, trails, open space, such as natural areas and resource or ecological
lands and other parks or recreation property owned or otherwise under the jurisdiction of
the CITY.
D. "City Proceeds" shall mean eight percent (8%) of the total County Levy Proceeds
collected by King County, net the amounts specified and allocated in Ordinance 18890
Sections 4A-D, and any interest earnings on these funds.
E. "CITY Projects" shall mean CITY Parks System operations and capital improvement
projects consistent with Ordinance 18890.
F. "CITY'S Share" shall mean the CITY's proportionate share of the City Proceeds as
authorized by Ordinance 18890, subject to County Council appropriation.
G. "County" shall mean King County, State of Washington, and all of its boards,
commissions, departments, agencies and other subdivisions.
H. "County Council" shall mean the County Council of King County, State of Washington.
I. "County Levy" means the annual King County property tax levy for park purposes
imposed by the King County Council and authorized by Proposition No. 1 Parks Levy
that was approved by the County voters on August 6, 2019 and replaced a levy expiring
at the end of 2019.
J. "County Levy Proceeds" shall mean the principal amount of the County Levy collected
by the County.
K. "Executive" shall mean the King County Executive or his or her functional successor.
L. "Existing funds" shall have the meaning, as defined by RCW 84.55,050.
Page 2of7
12
King County Parks Property Tax Levy
2020-2025 Agreement
Term of Agreement. The term of this Agreement (the "Term") shall be for a period
commencing upon signature by both parties (the "Commencement Date"), and expiring on
December 31, 2025 (the "Termination Date").
Receipt of County Levy Proceeds.
A. General Distribution. Each year the County shall distribute the CITY's Share to the CITY
as authorized by Ordinance 18890, subject to County Council appropriation.
B. Receipt and Distribution of Levy Proceeds.
1. Payment Schedule. Beginning in 2020 and through 2025, the County shall transfer
the CITY's Share to the CITY on a semi-annual basis, generally in the months of
May and November. The annual amounts transferred shall never exceed the CITY's
proportionate share of the CITY Proceeds actually collected and appropriated by
King County.
2. Administrative Fee. The Parties agree that the County has authority to deduct a
portion from City Proceeds for eligible expenditures related to the administration of
the distribution of County Levy Proceeds, consistent with Ordinance 18890.
4. Use of County Levy Proceeds. The CITY shall only use the transferred CITY'S Share for
its CITY Projects. On or before May 31 n of each year throughout the Term of this
Agreement, the CITY shall provide the County with a copy of the Annual Report and provide
any further documentation showing that the CITY'S Share was expended on CITY Projects.
The CITY shall maintain financial records to account separately for the CITY'S Share.
5. Representations and Warranties, The CITY represents and warrants that all of the CITY'S
Share received by the CITY shall be used only for specific CITY Projects as defined in this
Agreement and that such funds shall not be used to supplant Existing Funds. The CITY
represents and warrants that all CITY Projects shall be consistent with the requirements in
King County Ordinance 18890. The CITY represents and warrants that in addition to the
CITY'S Share, the CITY shall annually expend on CITY Projects an amount equal to the
CITY's Existing Funds.
6. Title to Improvements. All appurtenances, fixtures, improvements, equipment, additions and
other property attached to or installed in the CITY Park System during the Term shall be and
remain the properties of CITY and shall not be deemed property of the County under any
circumstances.
Notices. All notices required to be given hereunder shall be in writing and either delivered
personally or sent by certified mail to the appropriate address listed below, or at such other
address as shall be provided by written notice. Notice shall be deemed communicated upon
actual receipt. For convenience of the parties, copies of notices may also be given be other
means; however, neither party may give official or binding notice except by personal delivery
or by certified mail.
Page 3 of 7
13
King County Parks Property Tax Levy
2020-2025 Agreement
If to the CITY:
CITY's Contact and Title: E ,e� Ji';� I%'re6`}•� r- 1�u.��
City Name:
Mailing Address1: :' 4 c( nr,l Ale riue Sc-M,
Mailing Address2:
City, State, Zip Code: I 14\,'.,)c, . \Ail-. '1� 16
If to King County:
Warren Jimenez, Division Director
King County Parks and Recreation Division
Department of Natural Resources and Parks
201 South Jackson Street
Mailstop: KSC-NR-0700
Seattle, WA 98104
Compliance with Laws. The CITY shall comply and conform with all applicable laws and
all governmental regulations, rules, and orders.
CITY Agreement to Comply with Audit Finding or Repay. The CITY agrees that it is
financially responsible for the lawful use of the levy funds distributed under this contract.
The CITY agrees that if the State Auditor makes an audit finding that the levy funds have
not been spent properly, the CITY shall comply with the State Auditor's audit finding and
correct any improper expenditure or, at the sole discretion of the County, repay any indicated
amounts to the County. This duty to comply with the audit finding or repay shall not be
diminished or extinguished by the prior termination of this Agreement and shall survive the
termination of this Agreement.
10. Miscellaneous.
A. Liability of the County. The County's obligations to the CITY under this Agreement
shall be limited to the terms and conditions set forth herein. Notwithstanding any other
provision in this Agreement to the contrary, in no event shall the County be liable,
regardless of whether any claim is based on contract or tort, for any special,
consequential, indirect or incidental damages, including without limitation lost profits,
arising out of or in connection with this Agreement or the services performed in
connection with this Agreement.
B. Dispute Resolution. In the event of a dispute between the CITY and the County regarding
any term of this Agreement, the parties shall attempt to resolve the matter informally
through the following mechanism: the CITY (reps.) or their respective designee(s), shall
meet with County (reps) or their respective designee(s) to review and discuss the
matter(s) in dispute; if the CITY (representatives) and County (representatives) are
unable to reach a mutual resolution, the Executive and the mayor, or their respective
Page 4 of 7
14
King County Parks Property Tax Levy
2020-2025 Agreement
designee(s) shall meet to review and discuss the matter(s) in dispute. If such persons are
unable to resolve the matter informally, either party may submit the matter to a non-
binding, structured mediation procedure fashioned by persons or organizations
experienced in alternative dispute resolution ("ADR") procedures. The mediation may
be requested by any party and shall be initiated within thirty (30) days from the date of
the request unless extended by agreement of both parties. The alternative dispute
resolution procedures utilized for the mediation shall include the exchange of written
claims and responses, with supporting information, at least seven (7) days prior to the
actual mediation. The positions expressed and mediator's recommendations shall not be
admissible as evidence in any subsequent ADR or legal proceeding. If the matter is
submitted to mediation and the matter is not resolved, an affected party shall be entitled
to pursue any legal remedy available. Any disputes involving the lawful expenditure of
levy proceeds shall be resolved by King County Superior Court if the parties cannot
agree.
C. No Implied Waiver. No failure by either party hereto to insist upon the strict performance
of any obligation of the other party under this Agreement or to exercise any right, power
or remedy arising out of a breach thereof, irrespective of the length of time for which
such failure continues (except in cases where this Agreement expressly limits the time
for exercising rights or remedies arising out of a breach), shall constitute a waiver of such
breach or of that party's right to demand strict compliance such term, covenant or
condition or operate as a surrender of this Agreement. No waiver of any default or the
performance of any provision hereof shall affect any other default or performance, or
cover any other period of time, other than the default, performance or period of time
specified in such express waiver. One or more written waivers of a default or the
performance of any provision hereof shall not be deemed to be a waiver of a subsequent
default or performance. The consent of either party hereto given in any instance under
the terms of this Agreement shall not relieve the other party of any obligation to secure
the consent of the other party in any other or future instance under the terms of this
Agreement.
D. Headings and Subheadings. The captions preceding the articles and sections of this
Agreement and in the table of contents have been inserted for convenience of reference
and such captions in no way define or limit the scope or intent of any provision of this
Agreement.
E. Successors and Assigns. The terms, covenants, and conditions contained in this
Agreement shall bind and inure to the benefit of the County and the CITY and, except as
otherwise provided herein, their personal representatives and successors and assigns.
There are no third party beneficiaries to this Agreement.
F. Agreement made in Washington. This Agreement shall be deemed to be made in and
shall be construed in accordance with the laws of the State of Washington. Venue of any
action brought by one party against the other to enforce or arising out of this Agreement
shall be in King County Superior Court.
Page 5 of 7
15
King County Parks Property Tax Levy
2020-2025 Agreement
G. Integrated Agreement; Modification. This Agreement contains all the agreements of the
parties hereto relating to the subject matter addressed herein, and cannot be amended or
modified except by a written agreement approved by the King County Council and
mutually executed between each of the parties hereto.
H. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which taken together shall constitute one
and the same instrument.
I. Time of Essence. Time is of the essence of each provision of this Agreement.
Si na e. For each capital project funded with County Levy Proceeds, the CITY shall
provide a sign including the following language: This project was funded (or as
applicable, funded in part) with proceeds from the Proposition No. 1 Parks Levy
approved by King County voters in August 2019 under an Agreement with King
County Parks and Recreation Division.
K. Reporting. As set forth in King County Council Motion 15378, section C, for each capital
project funded with County Levy Proceeds, the CITY shall report to King County Parks
and the King County Council major milestones, such as groundbreakings and opening
dates, thirty (30) days prior to such milestone. The CITY shall mail or deliver reports to
both King County Parks and the current King County Council councilmembers at:
Warren Jimenez, Division Director
King County Parks and Recreation Division
Department of Natural Resources and Parks
201 South Jackson Street
Mailstop: KSC-NR-0700
Seattle, WA 98104
Councilmembers:
In care of King County Council Clerk
516 3rd Avenue
Seattle, WA 98104
(please list all 9 councilmembers)
[ SIGNATURE PAGE FOLLOWS ]
Page 6 of 7
16
DATED this day of , 2020.
KING COUNTY, a Washington municipal
corporation
C
Its
By authority of Ordinance No. 18890
Page 7 of 7
King County Parks Property Tax Levy
2020-2025 Agreement
CITY OF c, ,a
Washington municipal corporation
Its Mc,
I
in
• City of
City Council Community Services & Safety Committee
Meeting Minutes
February 24, 2020 - 5:30 p.m. - Foster Conference Room, City Holl
Councilmembers Present: Kate Kruller, Chair; Thomas McLeod, Cynthia Delostrinos Johnson
Staff Present: Robert Eaton, Stephanie Gardner- Brown, Rick Still, Rachel
Bianchi, Bruce Linton, Kris Kelly, Dawn Judkins
Chair Kruller called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Agreement: Parks & Recreation Capital Projects
Staff is seeking Council approval of an agreementwith King Countyfor Parks Property Tax Levy
funds in the amount of $160,000 annually for six years.
Committee Recommendation:
Unanimous approval. Forward the item to the March 2, 2020 Regular Consent Agenda.
B. Parks & Recreation Capital Budget Items
Staff is seeking Council approval to revise the Parks & Recreation Capital Budget in
accordance with the updated Parks, Recreation & Open Space (PROS) Plan and apply for
related grants.
Committee question(s) requiring follow up:
Provide the RFP that was issued for the Tukwila Pond design.
Committee Recommendation
Unanimous approval. Forward the item to the March 2, 2020 Regular Consent Agenda.
C. Ordinance: Parks, Recreation & Open Space (PROS) Plan
Staff is seeking Council approval of an ordinance that will adopt the 2020 Parks, Recreation &
Open Space Plan.
Committee question(s) requiring follow up:
Provide color copies of the Draft PROS Plan, a memo summarizing high level changes, and a
one -pager highlighting plan recommendations
Committee Recommendation:
No recommendation. Forward to February 24, 2020 Committee of the Whole for Public
Hearing.
19
20
COUNCIL AGENDA SYNOPSIS
nitials
Meelingo Date
Prepared by
Mayor's review
Council reoieiv
03/02/20
RE
ITEM INFORMATION
ITEM NO.
5.C.
STAFF SPONSOR: ROBERT EATON
ORIGINALAGI NDA DALE: 03/02/20
AGENDA I'I'L:M TITLE Parks & Recreation Updated Capital Budget
CA'1'1?GORY ❑ Discussion
D2tg Date
® Motion
Mtg Date 03/02/20
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
A1tg Date
❑ Public Hearing
Mtg Date
❑ 011)er
Mtg Date
SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ®P&R ❑Police ❑PII% ❑Court
SPONSOR'S The Parks & Recreation section of the current City of Tukwila 2019 — 2024 Financial
SUMMARY Planning Model and Capital Improvement Program (CIP Budget) budget book has no
capital funds allocated to any specific projects in 2020. In response to the PROS Plan
findings, staff updated the existing 2019-2024 CIP Budget plan to map out projects that
will begin addressing key needs, identified by the community, through the community
engagement efforts of the PROS Plan.
REVIEWED BY ❑ Trans&Infrastructure ® CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 02/24/20 COMMITTEE CHAIR: KRULLER
RECOMMENDATIONS:
SPONSOR/ADM1N. Parks & Recreation
C0MMI'1-1'EE Unanimous Approval; Forward to Consent
COST IMPACT / FUND SOURCE
EXPI. NDI'1'URL: RI QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$TBD $0 $TBD
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
03/02/20
MTG. DATE
ATTACHMENTS
03/02/20
Informational Memorandum dated 02/24/20
Updated Parks & Recreation Capital Project Summary budget sheets
Minutes from the Community Services and Safety Committee meeting of 02/24/20
21
22
City & Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO:
Community Services & Safety Committee
FROM:
Rick Still, Parks & Recreation Director
BY:
Robert Eaton, Parks & Recreation Manager
CC.
Mayor Ekberg
DATE:
February 24, 2020
SUBJECT:
Parks & Recreation Updated Capital Budget
ISSUE
Revising and updating the Parks & Recreation Capital Budget in response to the Parks,
Recreation, and Open Space Plan update being adopted in April.
BACKGROUND
The Parks, Recreation, and Open Space (PROS) Plan update began in May 2019, and included the
following; months of strategic community engagement efforts, state of the parks system analysis,
service level comparisons, needs assessment, and culmination of a capital projects list with
associated priorities to address key needs identified by the community. The DRAFT PROS Plan is
under City Council review now and is slated for adoption by Ordinance on April 6, 2020, in order to
be eligible to pursue grant funding from the Washington State Recreation and Conservation Office
(RCO).
DISCUSSION
The Parks & Recreation section of the current City of Tukwila 2019 — 2024 Financial Planning
Model and Capital Improvement Program (CIP Budget) budget book has no capital funds allocated
to any specific projects in 2020. In response to the PROS Plan findings, staff updated the existing
2019-2024 CIP Budget plan to map out projects that will address key needs, identified by the
community, through the community engagement efforts of the PROS Plan. Updating the Parks &
Recreation section of the capital budget now will allow projects to begin in 2020 rather than waiting
for the next budget cycle which will postpone projects until 2021.
Four Parks & Recreation Capital Project Summary budget sheets (pages 29, 31, 36, and 40 of the
CIP Budget book) have been revised and updated to reflect the PROS Plan project list. The revised
pages are attached. Any and all capital project expenditures will be included in the annual year-end
budget amendment. Staff will review and update the capital budget again as part the regular
Biennial Budget process later in 2020.
FINANCIAL IMPACT
The attached updated Capital Project Summary sheets project capital funding expenditures up to
$2,680,000 in 2020 to begin initial capital projects in response to the community's key needs
identified through the PROS Plan. Of the total $2.6M, Park Acquisition identifies $1,500,000 as
Proposed Grant; it is possible this may not happen in 2020. Staff wanted to be ready to respond in
a timely manner though, and be approved to apply for grant funding, if an opportunity to purchase a
key property to help meet the goal of a ten minute walk for all residents to a quality park presented
itself. Additionally, the Open Space Improvements budget sheet calls out applying for an RCO grant
for passive use development of the 116th St open space. The deadline for that grant is May 2020.
23
INFORMATIONAL MEMO
Page 2
RECOMMENDATION
The Council Committee is being asked to consider approving the updated Parks & Recreation
capital budget sheets and authorizing staff to apply for related grants, and send to the Consent
Agenda of the March 2, 2020 Regular Meeting.
ATTACHMENTS
A. Updated Parks & Recreation Capital Project Summary budget sheets
Z:ICouncil Agenda ItemsTarks and RecreatiWCSS 224.201Parks & Recreation Updated Capital Budget\MEMO - Parks & Recreation Updated Capital Budget
24 (2-13-20) - FINAL.doc
City of Tukwila
CAPITAL IMPROVEMENT PROGRAM
for
2019 - 2024
PARKS & RECREATION
301 Fund
CIP
Page #
PROJECT TITLE
2020
2021
2022
2023
2024
2025
**Other
TOTAL Sources
After Six
Years
28
Lake to Sound Trail
0
0
0
0
0
0
0 0
0
29
Park Acquisition
1,525
0
0
0
0
0
1,525 1,525
1525
30
Multipurpose Trails
0
0
0
0
0
0
0 0
150
31
Park Improvements *
800
0
0
0
0
0
800 0
800
32
Fort Dent Park
0
0
0
0
0
0
0 0
0
33
Municipal Arts Fund
50
50
50
50
50
50
300 294
50
34
Duwamish Hill Preserve *
0
0
0
0
0
0
0 0
8,018
35
Parks, Recreation & Open Space Plan
0
0
0
0
0
0
0 0
145
36
Tukwila Pond *
125
0
0
0
0
0
125 0
7,250
37
Tukwila South Trail *
0
0
0
0
0
0
0 0
6,525
38
Hand Boat Launches
0
0
0
0
0
0
0 0
1,801
39
Macadam Winter Garden & Wetland
0
0
0
0
0
0
0 0
1,450
40
Open Space Improvements
180
600
0
0
0
0
780 600
5,800
41
Synthetic Turf Field *
0
0
0
0
0
0
0 0
2,900
Grand Total
2,680
650
50
50
50
50
3,530 2,419
36,414
* Park Impact
Fee List
Projects (fees must be used within 10 years).
** Denotes other funding sources, grants or King County parks levy.
Park Impact Fees were effective January
1, 2009,
per Ordinance 2366
Updated in 2018 per Ordinance No. 2572
Changes from 2017 to 2019 CIP:
New:
41 Synthetic Turf Field
Deleted:
Dog Park Projects, Crestview and Foster were completed in 2018.
25
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2020 to 2025
PROJECT: Park Acquisition Project No. 91730103
DESCRIPTION:
Acquisition of land to help meet needs of those that live, work, and play in Tukwila.
There are recreational deserts within Tukwila, defined as areas more than a 10-Minute walk away from a
quality park. The city desires to provide equitable access to a quality park for all Tukwila residents and
acquisition of key properties can help address this. Additionally, open spaces are continually being developed
JUSTIFICATION:
and need to be preserved for future generations. To support new development within the city, and the increase
of population associated with development (housing, work, or liesure), additional recreational spaces need to
be provided to support those that live, work, and play in Tukwila.
2020 Parks, Recreation, and Open Space (PROS) Plan completed and identifies park search areas to address
recreational deserts within the city. This project will help implement the PROS Plan and meet the goal of a 10-
STATUS:
Minute walk for any resident to a quality park. One parcel was acquired in 2019, on 116th St in Duwamish
neighborhood, via King County CFT Grant Funds (CFT). Additional $25K CFT Funds available for "Equitable
Access Initial Acquistion Work" project in 2020.
MAINT. IMPACT:
To be determined.
COMMENT:
Project is on Park Impact Fee list @ 100%.
FINANCIAL
Through Estimated
— Qnnnr..t
oneo onao 9n9n 9n99 9n99 9n93 gn9A 91195 BEYOND TOTAL
EXPENSES
Design
0
Land (R/W)
151
650
1,525
2,326
Const. Mgmt.
0
Construction
0
TOTAL EXPENSES
1 151
1 650
1 1525
1 0
1 0
0
0
0
0
2,326
FUND SOURCES
Proposed Grant
1,500
1500
Awarded Grant
650
25
675
KC Parks Levy
0
Park Impact Fees
0
REET 1 Funds
0
City Oper. Revenue
151
0
0
0
0
0
0
0
0
151
TOTAL SOURCES
151
650
1525
0
0
0
0
0
0
2326
Streets
Railway
Existing Trail
Roglonal Trail
Inca) Park
Special Use Park —
open SP.—
Park Saarch Area
i
Water Body 0
School
r r 1;- .......
4!
r 11
t
26
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2020 to 2025
PROJECT: Park Improvements Project No. 91730101
Replacement, renovation, addition, and/or improvement of amenities in various parks throughout the city.
DESCRIPTION:
Projects will focus on increasing activitation and overall capacity of parks.
The 6-Year, 2020 Parks, Recreation, and Open Space (PROS) Plan identifies a variety of park improvement
projects to be completed based on input from the community engagement efforts. There is not sufficient
funding for all projects however some smaller projects can be completed immediately with existing funding.
JUSTIFICATION:
These projects will focus on increasing activiation of parks and addressing the results of deferred maintenance
of the aging park system, by replacing, renovating, adding, or improving amenities in various parks throughout
the city.
The 2020 PROS Plan identifies the challenges resulting from deferred maintenance of the aging park system
STATUS:
that has caused a significant need of capital infusion. Multiple smaller -sized capital projects can be completed
in 2020 in response to the community's input in the PROS Plan.
MAINT. IMPACT:
To be determined.
COMMENT:
1 % Municipal Arts Fund for City funded costs to be included. Project is on Park Impact Fee list @ 25%.
FINANCIAL
Through Estimated
t;. cnnn,�%
9niu 9n9n 9n99 2n22 9n93 202d 2025 BEYOND TOTAL
EXPENSES
Design
42
42
ARTS 1 %
8
Land (R/W)
0
Const. Mgmt.
0
Construction
750
750
TOTAL EXPENSES
0
0
800
0
0
0
0
0
-
792
FUND SOURCES
Proposed Grant
0
Awarded Grant
0
KC Parks Levy
0
Park Impact Fees
200
200
REET 1 Funds
600
600
City Oper. Revenue 0 0
0 0 0
0 0 0 0 -
TOTAL SOURCES 0 0
800 0 0
0 0 0 0 800
Fr
27
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2020 to 2025
PROJECT:
Tukwila Pond Project No. 90930101
Master planning, desiging, and developing the Tukwila Pond Park in coordination with surrounding property
DESCRIPTION:
developments and in response to the community.
There have been a variety of conceptual plans, preliminary studies, and small Public Works projects on site over
the last 15 years including a water quality improvements preliminary feasibility study with design, and buffer
enhancements along the east side. Through the 2020 Parks, Recreation, and Open Space (PROS) Plan, the
JUSTIFICATION:
community identified this location as a hidden gem in Tukwila and expressed great interest in seeing the site
developed and made accessable. Additionally, there is great support from several surrounding property owners to
pursue developing this site further.
The current site is difficult to access, hidden from view, has significant challenges resulting from deferred
STATUS:
maintenance, and receives significant vandalism. There has been no capital infusion at this site in over ten years.
MAINT. IMPACT:
To be determined.
Council approved expending Lodging Tax funds towards hiring a consultant to develop a whole site Master Plan
COMMENT:
as it relates to the Southcenter area and surrounding properties. 1 % Municipal Arts Fund for City funded
construction included. Project is on Park Impact Fee list @ 75%.
FINANCIAL Through Estimated
I;_ cnnn'-% one4 9n94 909d 9095 RFYOND TOTAL
EXPENSES
Design
125
1,250
1,375
ARTS 1 %
Land (R/W)
0
Const. Mgmt.
1,000
1000
Construction
5,000
5,000
TOTAL EXPENSES
1 01
01
1251
01
01
01
01
01
7,250
1 7,375
FUND SOURCES
Proposed Grant
0
Awarded Grant
0
KC Parks Levy
0
Park Impact Fees
0
REET 1 Funds
0
Lodging Tax Funds
125
125
City Oper. Revenue
0
0
0
0
0
0
0
0
7250
7,250
TOTAL SOURCES
0
0
125
0
0
0
0
0
7250
7375
W
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2020 to 2025
PROJECT: Open Space Improvements Project No. 91930102
DESCRIPTION: Development of new and future acquired properties and open spaces to meet community needs.
The city desires to provide equitable access to a quality park for all Tukwila residents. Developing existing, and
potential future acquired properities, into a quality park will help meet this goal. There are multiple open
JUSTIFICATION: spaces in the Tukwila Park System that are not promoted as public parks or supportive of public use for
various reasons (wetlands, steep slopes, vegetation, etc.). Various sites have developable opportunities that
would enable them to be promoted as open public use spaces and could help meet the needs of the
community while still maintaining the ecological benefits of preserved green space.
Many sites exist within the current Tukwila Park System with potential for more sites in the future
via the Park Acquisition plan, grants, and property donations. The recently acquired 116th Parcel in the
STATUS: Duwamish Neighborhood, boarders the Green River Trail, has 150ft of riverbank and needs preliminary site
demo work. A grant through the Washington State Recreation and Conservation Office (RCO) can be applied
for future passive use development; this is a 2-year grant cycle with applications due in May 2020.
MAINT. IMPACT: To be determined.
COMMENT: 1 % Municipal Arts Fund for City funded construction costs included. Project is on Park Impact Fee list @ 75%.
FINANCIAL Through Estimated
r., annn,.i 2niR 2nlq 2n2n 2n21 2n22 2023 2024 2025 BEYOND TOTAL
EXPENSES
Design
25 124
149
ARTS 1 %
6
Land (R/W)
150
150
Const. Mgmt.
0
Construction
155 470
625
TOTAL EXPENSES
150
0
180 600
0
0
0
0
924
FUND SOURCES
Proposed Grant
600
600
Awarded Grant
0
KC Parks Levy
0
Park Impact Fees
135
135
REET 1 Funds
45
45
City Oper. Revenue
150
0
0 0
0
0
0
0
0
150
TOTAL SOURCES
150
0
180 600
0
0
0
0
0
930
29
30
• City of
City Council Community Services & Safety Committee
Meeting Minutes
February 24, 2020 - 5:30 p.m. - Foster Conference Room, City Holl
Councilmembers Present: Kate Kruller, Chair; Thomas McLeod, Cynthia Delostrinos Johnson
Staff Present: Robert Eaton, Stephanie Gardner- Brown, Rick Still, Rachel
Bianchi, Bruce Linton, Kris Kelly, Dawn Judkins
Chair Kruker called the meeting to order at 5:30 p.m.
1. BUSINESS AGENDA
A. Agreement: Parks & Recreation Capital Projects
Staff is seeking Council approval of an agreement with King County for Parks Property Tax Levy
funds in the amount of $160,000 annually for six years.
Committee Recommendation:
Unanimous approval. Forward the item to the March 2, 2020 Regular Consent Agenda.
B. Parks & Recreation Capital Budget Items
Staff is seeking Council approval to revise the Parks & Recreation Capital Budget in
accordance with the updated Parks, Recreation & Open Space (PROS) Plan and apply for
related grants.
Committee question(s) requiring follow up:
Provide the RFP that was issued for the Tukwila Pond design.
Committee Recommendation
Unanimous approval. Forward the item to the March 2, 2020 Regular Consent Agenda.
C. Ordinance: Parks, Recreation & Open Space (PROS) Plan
Staff is seeking Council approval of an ordinance that will adopt the 2020 Parks, Recreation &
Open Space Plan.
Committee question(s) requiring follow up:
Provide color copies of the Draft PROS Plan, a memo summarizing high level changes, and a
one -pager highlighting plan recommendations
Committee Recommendation:
No recommendation. Forward to February 24, 2020 Committee of the Whole for Public
Hearing.
31
32
COUNCIL AGENDA SYNOPSIS
---------------------------------- Initialr
Meeting Date
Prepared by
Mayors relaem
Coutuil review
03/02/20
BJM
ITEM INFORMATION
ITEMNO.
5.D.
S"rAFF SPONSOR: B. MILES
O1ZKANAI,AGENDA DA'FE: 03/02/20
AGI NDA I•rEi`i TrrLE Lodging Tax Application, Virtual Sports: Tukwila E-Sports Initiative
CATEGORY ❑ Discussion
Aft
g Date
® Motion
Mtg Date 03/2/20
❑ Resolution
AItg Date
❑ Ordinance
Altg Date
❑ Bid Award
A1tg Date
❑ Public Hearing
Aft
g Date
❑Other
Mt Date
SPONSOR ❑Council ®Mayor ❑HR ❑DCD ❑Finance ❑.Fire ❑TS ❑P&R ❑Police ❑PIF ❑Court
SPONSOR'S VS is requesting funding to launch a "Tukwila Esports Initiative." The Initiative would bring
SUMMARY in over 200 esports tournaments in 2020 at VS Tukwila location. E-sports is a growing
amateur and professional sport seeing major growth, both in participants and viewers. VS
would host both local (Greater Seattle area) and national events. These events will bring
people into the City and thus increase the "feet on the street" and "heads in beds." VS has
extensive experience hosting and producing events. A draft scope of work is attached.
REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ® Planning/Economic Dev.
® LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 3/2/20 COMMITTEE CHAIR: MCLEOD
RECOMMENDATIONS:
SPONSOR/ADMIN. Economic Development
COMMITTEE Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EXPI?NDITURI? RFQ)UIItF1D AMOUNT BUDGETED APPROPRIATION REQUIRED
$30,000 $150,000 $0
Fund Source: 101 FUND.
Comments: Per State law, tourism funds can only be used for tourism promotion.
MTG. DATE
RECORD OF COUNCIL ACTION
03/02/20
MTG. DATE
ATTACHMENTS
03/02/20
Informational Memorandum dated 02/25/20
Virtual Sports LTAC Application, Tukwila E-Sports Initative
33
34
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Economic Development
FROM: Brandon Miles, Business Relations Manager
CC: Mayor Ekberg
DATE: February 25, 2020
SUBJECT: 2020 Lodging Tax Funding Requests
Virtual Sports
ISSUE
Review of a lodging tax funding request from Virtual Sports (VS) in the amount of $30,000.
BACKGROUND
The City collects a 1 % lodging tax on certain qualifying overnight stays in paid accommodations
(hotel s/motels/Airbnb) in the City. State law limits the use of these funds to tourism promotion'.
There is currently just over $1 million in lodging tax funds available for use.
The City's Lodging Tax Advisory Committee (LTAC) reviews all requests, even by the City, for
use of lodging tax funds. LTAC then forwards a list of recommended applications to the City
Council for its review and consideration. If LTAC does not recommend an application be funded,
that application is not forwarded to the City Council. The City Council may approve or deny any
of the applications recommended by the LTAC. The City Council may also approve an
application and increase or decrease the dollar amount awarded'.
The City accepts applications on a rolling basis, with the LTAC reviewing requests monthly.
Pending Applications
Following its February 14, 2020 meeting, LTAC has forward the following application from VS to
the City Council for final action. LTAC and staff recommends the application be funded.
1 RCW 67.28.080 (6) defines "tourism promotion" as "...activities, operations, and expenditures designed to
increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the
purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism
promotion agencies; and funding the marketing of or the operation of special events and festivals designed to
attract tourists."
Z On August 17, 2016, the Washington State Attorney General's Office issued an informal opinion regarding
whether a municipality could change the dollar amounts recommended by the local lodging tax advisory
committee. Specifically, the informal opinion states:
"When awarding lodging tax revenues pursuant to RCW 67.28.1816(2)(b)(ii), a municipality may award amounts
different from the local lodging tax advisory committee's recommended amounts, but only after satisfying the
procedural requirements of RCW 67.28.1817(2), according to which the municipality must submit its proposed
change to the advisory committee for review and comment at least forty five days before final action on the
proposal."
35
INFORMATIONAL MEMO
Page 2
1. Virtual Sports (VS), ($30, 000)
VS is requesting funding to launch a "Tukwila Esports Initiative." The Initiative would bring in
over 200 esports tournaments in 2020 at VS Tukwila location. E-sports is a growing amateur
and professional sport seeing major growth, both in participants and viewers. VS would host
both local (Greater Seattle area) and national events. These events will bring people into the
City and thus increase the "feet on the street" and "heads in beds." VS has extensive
experience hosting and producing events. A draft scope of work is attached with this memo.
E-Sports is a growing industry and this sponsorship helps Tukwila establish a small foothold as
E-Sports grows. These events are also consistent with the growing entertainment experience
the City see establishing in the Southcenter District. Other entertainment experience businesses
include i-Fly, Defy, and Sycart Racing. These businesses offer a completing reason for people
to come to the City and help to create a true live, work, play, stay district.
FINANCIAL IMPACT
The total amount of funding requested from the lodging tax fund is $30,000. There are sufficient
funds available in the lodging tax fund to pay the expenditures.
RECOMMENDATION
Staff recommends that the City Council approve the funding request, as recommended by
LTAC. Staff has placed this on the March 2 consent agenda (same night at P.E.D meeting).
ATTACHMENTS
A. Virtual Sports LTAC Application, Tukwila E-Sports Initiative
36
r%)Tinkwila
2020 LodgingTax
Application
Event or Activity Name if applicable)-
Tukwila Esports Initiative
Amount of Lodging Tax Requested:
$30,000
Applicant Organization:
Virtual Sports Tukwila WA LLC
Federal Tax ID Number:
465252232
Mailing Address:
17600 W Valley Hwy, Tukwila 98188
Primary Contact Name:
Brian Deller
Primary Contact Phone:
425-359-5280
Primary Contact Email Address:
Brian@virtuals orts.net
Mark all the service categories that apply to this application:
• X - Tourism promotion or marketing.
• X - Operation of a special event or festival designed to attract tourists.
• X - Operation of a tourism -related facility owned or operated by a non-profit
organization.
• Operation and/or capital costs of a tourism -related facility owned by a municipality or a
public facilities district.
Check which one of the following applies to your agency:
• Non -Profit (Note: Attach a copy of your current non-profit corporate registration from
the Washington Secretary of State Office)
• Municipality
• X - For Profit Business
I am an authorized agent of the organization/agency applying for funding. I understand that:
I am proposing a tourism -related service for 2020. If awarded, my organization intends
to enter into a services contract with the City; provide liability insurance for the duration
of the contract naming the City as additional insured and in an amount determined by
the City; and file for a permit for use of City property, if applicable.
• My agency will be required to submit a report documenting economic impact results in
a format determined by the City.
,BAzz�zn ISe11e2
Signature:
Date:
02 / 10 / 2020
City of Tukwila
6200 Southcenter Blvd.
Tukwila. WA 98188
37
r%k)Tinkwila
Applications are considered on a rolling basis. Please contact staff to discuss the process for
having the application reviewed by the City's Lodging Tax Advisory Committee.
Completed applications should be submitted to:
Lodging Tax Advisory Committee
c/o Brandon Miles
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98188
Or,
Brandon. MilesPTukwilawa.gov
Questions?
LTAC Contact:
Brandon J. Miles
(206) 431-3684
Brandon. Miles@Tukwilawa.gov.
Updated: December 31, 2019
City of Tukwila
6200 Southcenter Blvd.
Tukwila. WA 98188
`)Ti�W1a
1) Describe your tourism related activity or event.
a) Featuring over 200 esports tournaments in 2020 on -site at Virtual Sports in
leading titles.
b) Virtual Sports is launching an esports initiative targeting beginner, advanced,
semi pro, and pro -am style competitions ranging in size from 20-500 participants
and attendees.
2) If an event, list the event name, dates, and projected overall attendance
a) VS Esports
b) Smaller scale weekly tournaments with projected attendance of 20-50 people will
be happening for different game titles on different days of the week, every week.
The purpose of the weekly events will be to drive awareness, attendance, and
building out the brackets for the larger, monthly events.
c) Monthly events will host an expected 100-200 participants.
3) Is your event, activity, facility focusing on attracting overnight tourists, day tourists, or
both
a) Both
b) Weekly events will host regional participants traveling within a 50 mile radius.
c) Monthly events will be primarily hosted on weekends and will drive participants
both from within the 50 mile radius as well as outside of it.
4) Describe why visitors will travel to Tukwila to attend your event/activity/facility.
a) Compete in the largest and most consistent esports tournaments in our region
that both offer prize pools as well as exposure to professional organizations
allowing for opportunities to earn pro contracts.
5) Describe the geographic target of the visitors you hope to attract (locally, regionally,
nationally, and/or internationally).
a) Weekday events will mostly draw participants within a 50 mile radius.
b) The larger monthly events will be hosted on weekends and will primarily draw
participants from the following regions: Washington, Oregon, Vancouver BC,
Alaska, Idaho, Montana, and Northern California.
6) Describe the prior success of your event/activity/facility in attracting tourists.
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
39
'�Tinkwila
a) We have hosted a number of gaming events throughout the region in a variety of
formats with the most notable being GE2 which was hosted in 2017 and 2018 at
Centuryl-ink Event Center drawing roughly 6,500 attendees both years. We had
attendees travel from roughly 20 different states and visit from all over the state
of Washington. We had room blocks of over 100 rooms sell out each year in
addition to the undocumented hotel nights throughout the region. The estimated
economic impact was roughly $1 m for the region each year.
b) Members of our team have also hosted dozens of smaller regional tournaments
that have rotated locations.
c) Additionally, our company has been in operation as a permanent entertainment
facility for over five years in the City of Tukwila.
7) If this is your first time holding the event/activity/facility provide background on why you
think it will be successful.
a) This is not our first time hosting these types of events. The experience of our
team hosting the aforementioned types of events at rotating locations led us to
the decision that hosting events in the proposed structure will not only increase
attendance to our events and our facility, it will drive awareness to within the
greater esports community that the City of Tukwila is receptive and offers a
number of other facilities to host different levels of esports events.
8) Describe the media strategy you employ to promote your event/activity/facility to attract
overnight and/or day tourists? Please list any digital or print media (newsletters,
e-blasts, social media, eetc.) your agency uses or intends to use to promote your
event/activity/facility.
a) The media strategy will include printed material, social media marketing, text
message marketing, email marketing, groupon and social media experience
platforms.
i) Printed material will be limited and offered in store or at targeted events
only as ROI is minimal and environmental impact is significant
ii) Advertising through our list of roughly 100,000 subscribers will be
frequent and variable based on specific levels of engagement of each
subscriber
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
")-TK�WIk
iii) A number of social media platforms will be used for a variety of different
purposes ranging from community engagement/development, advertising,
and communication.
(1) Discord, Facebook, Instagram, Snapchat, Alt Space (Microsoft VR
Social Hub), Tik Tok, Mixer, Twitch, YouTube
(2) We can elaborate on the strategies for each of these platforms
upon request
9) Describe how you will promote lodging establishments, restaurants, retailers, and
entertainment establishments in the City of Tukwila.
a) Each of the larger events will require multiple room nights and will need a hotel
partner. We intend to rotate the hotel partner for each event through the hotels
within the city focusing on the hotels that are within close proximity for each
event.
b) Our vision is to partner with hotels, restaurants, retailers, and business
establishments to provide our competitors and attendees places to eat, buy, and
lodge.
10) Is the City able to use your digital and print media for collaborative marketing?
a) We absolutely encourage the City to use any of our assets in future promotions.
11) Describe how you will use the name, "Tukwila" in publications, promotions, and for your
event?
a) We will include Tukwila in any generated media as the destination for competitive
gaming in our region. If specific wording or positioning is requested or preferred,
please let us know.
b) It is our understanding the the City of Tukwila is actively working to position itself
as a "Live, Work, Play" City for the Millenial and Gen Z demographics. We feel
that structured messaging portraying that would be prudent.
12) Measurements and Metrics (Note: You will be required to report these metrics as part of
the clouse out of the agreement between your organization and the City.)
a) Overall attendance at your proposed event/activity/facility.
i. Weekly Tournaments (Annual)
1. Onsite Visitors - 7,000-10,000
2. Live Stream Viewers - 50,000-75,000
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
41
r)Ti�kwila
ii. Monthly Tournaments
1. 5,000-10,000
2. Live Stream Viewers- 100,000+
b. Number of people who will travel fewer than 50 miles for your event/activity
i. 75% of our participants and viewers will travel fewer than 50 miles
1. 7,500 (Estimate)
c. Number of people who will travel more than 50 miles for you event/activity.
i. 25% of our participants and viewers will travel more than 50 miles.
1. 2,500 (Estimate)
d. Of the people who travel more than 50 miles, the number of people who will stay
overnight in Tukwila.
i. Of the people who travel more than 50 miles, we estimate 50% of them
will stay in Tukwila.
1. 1,250 (Estimate)
e. Of the people staying overnight, the number of people who will stay in PAID
accommodations (hotel/motel/bed-breakfast) in Tukwila.
i. 99% will stay in paid accomodations
f. Number of paid lodging room nights resulting from your proposed
event/activity/facilitiy?
i. 500+
13) What methodologies did you use to calculate the estimates and what methodologies will
you use to track outcomes, such as total participants, estimated visitor spending, etc.
a. Our estimate was based off of the average number of participants for the tier of
events we will be producing and the frequency which they will be held.
b. Ticketing, social media engagement, competitor demographics, surveys.
14. Are you applying for lodging tax funds from another community? If, so, which
communities and in what amounts?
a. None
15. Are you applying funding from Seattle Southside Regional Tourism Authority (SSRTA)?
If so, in what amount?
a. None
City of Tukwila
6200 Southcenter Blvd.
Tukwila. WA 98188
42
"}T�kwila
16. What is the overall budget for your event/activity/facility? What percent of the budget are
you requesting from the City of Tukwila?
a. $150,000
b. 20%
17. What will you cut from your proposal or do differently if full funding for your request is not
available or recommended?
a. Advertising and frequency
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
43
Exhibit "A"
Scope of Services
As part of this Agreement, the City and the Contractor agree to the following scope of services
for this partnership. The goal of this partnership to help increase tourism promotion in the City
by helping bring visitors to the City and to help with the overall brand image of the City.
Intellectual Property and Use of Marks
1. Contractor grants the City a non-exclusive license to use of Virtual Sports marks and
images for tourism promotion activities.
2. City grants Contractor a non-exclusive license to use the City's tourism promotion
marks. Use of the City Seal is not authorized under this Agreement. The City shall have
the sole discretion to determine the content and extent of the City's tourism promotion
marks.
Presenting Sponsorships
Weekly Mixed Reality Concerts
• The sponsorship will include six months of our Thursday Night mixed reality
concerts hosted every Thursday and are being produced in partnership with
Microsoft. Concerts feature a virtual reality DJ that is broadcast to:
o Our video walls in the store viewable by our guests
o Microsofts "Alt Space" which is a VR "world" that can be accessed using
VR headsets from anywhere in the world.
o Microsoft Mixer which is a live streaming platform viewable from any
device including cell phones, computers, and Xbox consoles.
o Unique impressions are estimated to be in the 1,000's per event.
• As part of the presenting sponsor benefits, the City shall receive the following:
o Promotion for events shall state, "Presented by" including the City's name
and tourism mark exposure.
o The above referenced marks will be overlaid onto the production making
the sponsorship visible to anyone viewing the broadcast whether they are
onsite or online.
2. Esports Initiative
• Spring and Summer Seasons esports initiatives where we will be hosting
tournaments Monday, Tuesday, and Wednesday of every week (schedule
permitting) as well as monthly tournaments on rotating Saturdays in the primary
competitive game titles:
o Over 75 tournaments with attendance on site ranging between 25-75
competitors and 250 regular viewers on the live stream.
0 6 monthly tournaments scheduled with average attendance over 200
onsite and viewership over 1,500 through digital broadcasting channels
o Broadcasts to Virtual Sports Twitch.tv and Mixer channels including digital
marketing capability
Esports Summer Camps to include educational and competitive development
practices
o Personal development classes surrounding digital broadcasting
technology
o Education opportunities both in actively competing or tournament
organization and administration
As part of the presenting sponsor benefits, the City shall receive the following:
o Promotion for events shall state, "Presented by" including the City's name
and tourism mark exposure.
o The above referenced marks will be overlaid onto the production making
the sponsorship visible to anyone viewing the broadcast whether they are
onsite or online.
o Decals on all of the gaming PC's
o Logos on all of the desktops for the gaming PC's
General Marketing and Branding Activities
1. The location of all esports and music events shall be listed as "Tukwila" and not
referenced as "Seattle". This shall include social media posts and tags, as well as media
alerts, press releases and announcements if the actual location is mentioned outside of
posting the address which would inherently be Tukwila.
2. City shall receive at least one 15-second commercial spot during each broadcast which
will be pushed both onsite and online.
3. Virtual Sports will be available for the filming of any promotional videos that the City
would like to create in an effort to drive awareness by the target demographics.
Economic Development
For economic development promotion and marketing purposes, Contractor shall provide the
City the following:
1. A free to play gaming tournament for members of the community. Details are to be
determined between the City and Contractor.
2. A different lodging establishment within the City, chosen by Contractor and rotating
monthly, shall serve as the official hotel for all visiting teams and their guests throughout
the term of the agreement.
45
m
V/R:TV.1 LSPORTS
Pow"a" BY:
FIERO
Team
Brian Deller-CEO
10 years experience in LBE facility design
and operations.
Designed and co -managed the software
platform development.
12 years experience in CRE focused on site
selection, permitting, and upzoning.
Scott McCraw - CTO
22 years enterprise software development
at Microsoft
Two years at Amazon R&D Group
Two years in Silicon valley at a gaming
startup focused on children
Built 8 full stack mobile games focused on
puzzles; poker, and blackjack
Jake Greene - Community Development
10 years network engineering experience
20 years in competitive esports both as a
competitor and organizer
5 years of live stream production ranging
from small frequent streams, to full
broadcast viewed by thousands.
I •
Our Company
The "Top Golf" of Gaming
ViQrua�
SPORTS
Virtual Sports is our Brick and Mortar "CBE" Facility
Most people under 50 years old grew up with a Nintendo in their house. Our business
caters to them and their kids by creating an adult oriented, kid friendly experience.
Positioned to be the intersection of digital and physical experiences. We host
corporate events, birthday parties, concerts, esports tournaments; and more.
FIERm
Fiero is our Software Development Division of the Company
The proprietary tool connects disparate systems such as the POS and entertainment
systems to users and the player accounts they create. Data is tracked and experiences
are "gamified" driving repeat business through leader boards and valuable business
intelligence is generated as a by product.
i •
The arrnount of adult-s in America who regularly play video games.
50
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Problem
The ADHD Generation
Before Nlillenials
The overwhelming majority of people from developed countries; 40 and
under, grew up with an Xbox, Nintendo, or Playstation in their house.
After Millenials
Their discretionary dollars are spent on experiential entertainment. They
want activities, craft beverages, good food, and constant stimulation.
52
Solution
Facilities That Drive Attendance and Engagement Through Integrated Events and Experiences
53
Objective
Build a Sustainable
Esports Program ir'
the City of Tukwila
54
Our Model
Grow .
Foster the growth of the community I
and create a network effect through
social connectivity and sharing a
Acquire
Onboard users to the platform through
groups, events, and entertainment outings
�0
t
Engage
Drive repetitive engagement through
data enabled, social competition
56
Why
(fit
High Loyalty
Millenials and Gen Z dont
support big brands because
they feel big brands have
never done anything for them
but they wont hesitate to
donate money to their
favorite live streamer that
they watch DAILY.
■1
Trending
Esports, Gaming, Millenials,
and Gen Z are top of mind
right now. They are the most
difficult generations to reach
through traditional
advertising and they are the
future. Gaming is the conduit
for the messaging.
w\
•1
Connected
Hands down the most
connected and digitally
influential generations of all
time. Earn their loyalty and
they will spread your message
foryou organically. Which is
the only type of messaging
they listen to.
Proven Spenders
Experiences not things.
Between their $3,000 PC's,
XBQX's and (phone 11's,
they've got everything they
need. They drink, eat, and
create memorable socialize
experiences. Then they post
pictures about it on Instagram.
57
Spending Habits
Transportation
Food and Beverage Ft
! Community/Afterparties
Millenial�
Hotels p�-+ Merchandise
. I
Esports is growing on average 15%YOY projecting to hit 1.8 Billion by 2022.
59
The Audience
Player's and fans alike watch and
consume Esports content
primarily on Twitch, Mixer &
Youtube
Because ofthe digital format of
Esports, player & fan bases' are
global in nature
Esports content is streamed
online and for free, with most
esport Mans not owning a cable
subscription at all (cord cutters)
E �T_
'Sports J� J�
General Gaming Population
Top Tier
The player base for any given game is quite
large. Of that large community, a certain
percentage of that player base wishes to
compete against each other.
Grassroot events are typically put on by community
volunteers and leaders. White prizing is very minimal,
it allows the players who wish to compete an Outlet
to meet like-minded individuals and test their rnetal.
1-he Lop 10% of the player base would compete in more
organized competition with larger prize pools & minimal
travel to events.
The top 1% of a game's player base would compete in major events for
large scale audience's with huge prize pools.
61
Esports Strategy
Our Customers Both Create and Consume Esports Content
I
Regional Esports
Franchises
This concept will continue to grow and these teams only fill stadiums roughly
1-2 times a year in their home city. This is what we show on the screens and
host watch party events for.
A large, under -served, and critically important component to
success. The "Farm Teams" are top of mind for the industry right
now and there isn't a venue infrastructure in place to
accommodate these spectator friendly events.
These people play at home or in LAN centers where
Grass roots and Online Players crowds cant assemble. We drive engagement through
online tournaments allowing for larger qualifying
events in store.
62
Event Type Frequency_
Broadcast Specific
8%
63
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WITH REGIONAL ESPORTS TEAMS
Fiero Software Platform
Choose your Experience Analyze your Garneplay Identify your Rivals Follow the Leader
65
COUNCIL AGENDA SYNOPSIS
initials
Meeting Date
Prepared b
Mayor's review
Council review
02/24/20
TEH
Ay
03/02/20
TEH
ITEM INFORMATION
ITEM NO.
6.A.
STAFF SPONSOR: JOSEPH TODD
ORIGINAL AG I?ND.\ Dn,rr: 02/24/20
AGENDA ITE,%i TrrI,E Dell - Hardware refresh 2020
CATEGORY ®Dircurrion
Mtg Date 02124120
®Motion
Mtg Date 03102120
❑ Resolution
Mtg Date
❑Ordinance
Mtg Date
❑Bid Award
Aftg Date
❑Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑Council ❑Mayor ❑I-IR ❑DCD ❑Finance ❑Fire ®TS ❑P6R ❑Police ❑131V ❑Court
SPONSOR'S In 2017, the Council approved a 3 year Dell lease of laptops to replace the outdated
SUMMARY desktop computer systems throughout the city. This provided the city with the
infrastructure to handle modern cloud and computer based applications. This lease is up for
renewal, and in order to continue to provide stable computing environment for integral city
business, the Committee is being asked to forward the new proposed Dell Lease to the
2/24 C.O.W. and Regular Meeting consent agenda of 03/02/2020.
REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ® Finance Comm. ❑ Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 2-24-20 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADn1IN. Technology Innovation Services
COIF MITFEF, Unanimous approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIltED AMOUNT BUDGETED APPROPRIATION REQUIRED
$476,317 $476,317 $0
Fund Source: 000.12.518.880.45.00 -RENTAL -TECHNOLOGY REFRESH AND 000.12.518.41.00
Comments: $476,317 over 3 year term including tax
MTG. DATE
RECORD OF COUNCIL ACTION
02/24/20
Forward to next Regular Meeting
03/02/20
MTG. DATE
ATTACHMENTS
02/24/20
Informational Memorandum
Dell Lease Contract
03/02/20
No attachments
67
COUNCIL AGENDA SYNOPSIS
Initials --------------------------------- I ITEMNO.
Meetin Date
Prepared by
Mayor ' review
Council review
02/ 24/ 20
Vicky
03/02/20
Vicky
ITEM INFORMATION
S'FAFFSPONSOR: VICKY CARLSEN
ORIGIN,U.AGI3NI),\ Dn'I'E: 2/24/20
AGENDA ITEM TITLE Authorize Mayor to sign contract with OpenGov
CATEGORY ® Discussion
IL4tg Date 2/24/20
® Motion
Mt
g Date 3/2/20
❑ Resolution
Mtg Date
❑ Ordinance
Altg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mt
g Date
❑ Other
Mtg Date
SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ®Finance ❑Fire ❑TS ❑P&R ❑Police ❑Pbl% ❑Court
SPONSOR'S Council is being asked to authorize the Mayor to sign a contract with OpenGov for a City -
SUMMARY Wide budget software package once contract negotiations have been completed.
REvm,�M D BY ❑ C.O.W. Mtg. ❑ CDN Comm ® Finance Comm. ❑ Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 2/24/20 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN. Finance Department
COMMrrEr_. Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDrrURL REQUIl LED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
2/24/20
Forward to next Regular meeting
3/2/20
MTG. DATE
ATTACHMENTS
2/24/20
Informational Memorandum dated 2/19/20
OpenGov response to RFP
Draft Software Services Agreement
OpenGov Plan Letter
03/02/20
No attachments
We
70
COUNCIL AGENDA SYNOPSIS
Meetin Date
Prepared by
Mayo - review
Coanaeil review
02/24/20
LK
03/02/20
LK
ITEM INFORMATION
ITEM NO.
6.C.
STAIN SPONSOR: LINTON/KINLOW
01tIGINAI.AGL ND.\ DATE: 2/24/20
AGENDA ITEM Tri'LE Request for 2 FTE Police Support Officers (Transport Officers)
CATEGORY ® Dismssion
Mtg Date 02/24/20
® Motion
g Date 3/2/20
Aft
❑ Resolution
Mt Date
❑ Ordinance
Mtg Date
❑ Bid Award
Rltg Date
❑ Public .Hearing
Mtg Date
❑ Other
Alt
g Date
SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑.Finance ❑Fire ❑TS ❑P&R ®Police ❑PW ®Court
SPONSOR'S In response to a November 2018 Washington State Appeals Court ruling, the Court is
SUMMARY requesting, on behalf of the Police Department, funding for 2 FTE Police Support Officers.
This request will support the court's compliance with the ruling.
REVIEWED BY ❑ Trans&Infrastructure ® CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 2/10/20 COMMITTEE CHAIR: KRULLER
RECOMMENDATIONS:
SPONSOR/ADMIN. Police/ Municipal Court
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURf? RI:()UIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED
$188,000 $ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
02/24/20
Forward to next Regular Meeting
03/02/20
MTG. DATE
ATTACHMENTS
02/24/20
Informational Memorandum dated 02/05/2020
Attachment (Court of Appeals Published Opinion No. 51177-1- II
Minutes from the 2/10 Community Services & Safety Committee meeting
03/02/20
No attachments
71
72
COUNCIL AGENDA SYNOPSIS
------Initialr
Meeting Date
Prepared by
Mayors ren�iew
Council review
02/24/20
ph
,
03/02/20
ph
lzs
ITEM INFORMATION
ITEM NO.
6.D.
STAFF SPONSOR: BRUCE LINTON
OIZIGINALAGLsND;� DATI,,: 02/24/20
AGENDA ITEM TITIJ Case report digitization and records management
CA'1'1,.GORY ® Discussion
114tg Date 02/24/20
® Motion
g Date 03/02/20
Alt
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ BidAward
g Date
Alt
❑ Public Hearing
R4tg Date
❑Other
Mtg Date
SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑I inance ❑I are ❑TS ❑P&R ®Police El1Y/ El Court
SPONSOR'S The Tukwila Police Department is seeking approval to spend $150,000 on outsourcing
SUNIM;�RY scanning, transitioning into Laserfiche and applying retension for the approximate 2.2
million pages of case reports, homicide files and ID files in hard copy format, stored in
three different locations. Doing so would better serve the residents of Tukwila and to
satisfy increasing request for public disclosure requests.
REVIEWED BY ❑ Trans&Infrastructure ® CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 2/10/20 COMMITTEE CHAIR: KRULLER
RECOMMENDATIONS:
SPONSOR/ADMIN. Police
COMMI'I'I'EE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE, REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$150000 $ $
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
02/24/20
Forward to next Regular Meeting
03/02/20
MTG. DATE
ATTACHMENTS
02/24/20
Informational Memorandum, dated 1/29/20
Powerpoint
Minutes from the Community Services and Safety meeting of 02/10/20
03/02/20
No attachments
73
74
CO UNCIL AGENDA SYNOPSIS
-------------------Initials
Meeting Date
Prepared by
Ma or s review
Council review
02/24/20
GL
03/02/20
GL
ITEM INFORMATION
ITEM NO.
6.E.
STAFF SPONSOR: ADAM COX
ORIGINAL AGENDA DATE: 02/24/20
AGENDA ITEM TITLE 42nd Ave South Bridge Replacement
Project Update and Funding for Next Steps
CATEGORY ® Discussion
Mt
g Date 02/24/20
® Motion
Aft
g Date 03/02/20
❑ Resolution
Mtg Date
❑ Ordinance
ftg Date
❑ Bid Award
g Date
Aft
❑ Public Hearing
g Date
Mt
❑ Other
Mt Date
SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑IS ❑P6R ❑Police ®PW ❑Court
SPONSOR'S As the 42nd Ave S Bridge was not selected for Federal Bridge Replacement Advisory
SUMMARY Committee (BRAC) grant funding in 2019, three options are being recommended; Option 1
continues monitoring the bridge and reapplying for grant funding, Option 2 conducts an in-
depth structural analysis for $39,000, and Option 3 will begin full design for $2 to $3
million, with 30% design funded with $1 million. Council is being asked to approve all three
options with additional funding to be included in the next 2021-2026 CIP.
REVIEWED BY ® Trans&Infrastnicture ❑ CommunitySvs/Safety ® Finance Comm. ❑ Planning/Economic Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 02/03/20 & 2/10/20 COMMITTEE CHAIR: DELOSTRINOS JOHNSON, SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$1,000,000.00 $1,000,000.00 $0.00
Fund Source: 104 FUND -BRIDGES & ARTERIAL STREETS
Comments: page 15 & 17, 2019 CIP
MTG. DATE
RECORD OF COUNCIL ACTION
02/24/20
Forward to next Regular Meeting
03/02/20
MTG. DATE
ATTACHMENTS
02/24/20
Informational Memorandum dated 02/07/2020
Pages 15 & 17, 2019 CIP
First two pages of 08109700 Tukwila 42nd Ave S Bridge Funding Submittal 20190424
Minutes from Transportation & Infrastructure Committee meeting of 02/03/2020
Minutes from Finance Committee meeting of 02/10/2020
03/02/20
No attachments
75
76
COUNCIL AGENDA SYNOPSIS
nitials
Meeting Date
Prepared by
Mayor's review
Council review
03/02/20
CT
03/16/20
CT
ITEM INFORMATION
ITEM NO.
6. F.
STAFF SPONSOR: DAVID CLINE
ORIGINAL AGENDA DATE: 03/02/20
AGENDA ITEM TITLE City Attorney Services Review
CATEGORY ® Discussion
g Date 03102120
Mt
® Motion
Mtg Date 03116120
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Dale
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑Council ®Mayor ❑HR ❑DCD ❑Finance []Fire ❑TS ❑P&R ❑Police ❑PW []Court
SPONSOR'S Review of presentations regarding City Attorney Services
SUMMARY
REVIEWED BY ® C.O.W. Mtg. ❑ CDN Comm ® Finance Comm. ❑ Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 02/10/20 COMMITTEE CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
COST IMPACT / FUND SOURCE
L\PENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
03/02/20
Forward to next Regular Meeting
03/16/20
MTG. DATE
ATTACHMENTS
03/02/20
Informational Memorandum dated 2/19/20
Minutes from the 2/10/20 Finance Committee meeting
03/16/20
No attachments
05
m
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: City Council
CC. Mayor Ekberg
FROM: David Cline, City Administrator
Juan Padilla, Human Resources Director
DATE: February 19, 2020
SUBJECT: Responses to Request for Proposals for City Attorney Services
BACKGROUND
The City advertised a Request for Qualifications and Proposals for City Attorney Services (RFP) on
December 18, 2019 and January 8, 2020 in the Seattle Times and the Daily Journal of Commerce as
well as with the King County Bar Association and the Minority Bar Associations.
Two firms submitted proposals for consideration: Kenyon Disend, PLLC and Ogden, Murphy, Wallace,
PLLC. Below is a brief summary of the proposed team and fee structure. Please refer to the February
10, 2020 Finance Committee packet to review the proposals that outline each firm's qualifications,
philosophy and approach to providing attorney services to Tukwila.
Kenyon Disend, PLLC
Ogden Murphy Wallace, PLLC
Proposed City
Mike Kenyon, City Attorney
Kari Sand, City Attorney
Attorney
Lisa Marshall, Deputy City Attorney
Daniel Kenny, Assistant City Attorney
Team
Andrew Tsoming, Assistant City Attorney
Emily Miner, Associate City Attorney
Alexandra Kenyon, Assistant City Attorney
Proposed
Monday: City Attorney
Monday: City Attorney
Compensation
Tuesday: City Attorney and Asst. City
10:30 AM — 7 PM
Onsite 24
Attorney
Tuesday: City Attorney
Hours per
Wednesday: Asst. City Attorney
9 AM — 5:30 PM
week &
Thursday: Asst. City Attorney
Attendance at
8 AM — 4:30 PM
Regular
Council
Meetings
$29,467 per month
$33,940 per month
$6,800 /wk. x52 weeks/12 months
Per Year @ 24
$407,280 per year
$353,604 per year
Hours per
week
Proposed
$46,840 per month
$51,133 per month
Compensation
($11,200 p/wk. x52 weeks/12 months)
40 hours per
week
Per Year @ 40
$562,080 per year
$613,596 per year
Hours per
week
Hourly Rate
Mike Kenyon - $350.00
Kari Sand - $300-$350
Schedule
Lisa Marshall - $300.00
Daniel Kenny - $300 - $350
Andrew Tsoming - $175.00
Emily Miner - $250 - $275
Alexandra Kenyon - $175.00
9
INFORMATIONAL MEMO
Page 2
DISCUSSION
The RFP's were reviewed at the February 10, 2020 Finance Committee meeting where
Councilmembers provided input on the interview questions and about the overall process going
forward. On February 14, 2020 the City interviewed both firms. The Interview Panel consisted of
Council President De'Sean Quinn, City Administrator David Cline, Police Chief Bruce Linton,
Finance Director Vicky Carlsen, Community Development Director Jack Pace, and Human
Resources Director Juan Padilla. Both firms have a long history of providing municipal city
attorney services in this region and both have experienced lead attorneys who would be the
City's main point of contact. Both firms also identified two to three other attorneys who would
provide additional services. The following criteria were used to rate the firms:
• Advanced knowledge of all municipal government legal issues.
• Availability of attorneys proposed to provide attorney services.
• Billing rates of attorneys proposed to provide attorney services.
• Advanced understanding of employment law.
• Advanced understanding of Washington State land use law.
• Advanced understanding of public disclosure.
• Proposed fee structure.
• Qualifications of key staff that will be assigned to the City.
• Reference results.
After two hours of interviews and discussion amongst the interview panel, both firms were fairly
tied across these criteria. This confirms the original expectation that either firm would provide
good legal advice and support to the City. City staff committed to checking references during
this week and will provide this information to the Council in the following week.
Both firms will be presenting at the February 24 Committee of the Whole meeting and will be
available to answer questions after the presentation. On March 2, 2020 the Council will have an
opportunity to give direction to City Administration to enter into contract negotiations with one of
these firms. The contract will return for Council discussion and approval at the March 16, 2020
Regular Meeting.
RECOMMENDATION
The City has two highly qualified firms to choose from and will need to decide which firm best
meets the City's needs at this time. Based on Ms. Sand's specialty in employment law and her
experience as an in-house City Attorney, as well as Ogden Murphy Wallace having a larger firm
with more attorneys on staff, the interview panel recommends Council authorize City
Administration to negotiate a contract for legal services with Ogden Murphy Wallace. There is a
benefit from having a new and different perspective on legal services to ensure that the City is
continually providing high quality services. Ogden Murphy Wallace has provided good legal
support for several cities within the Puget Sound area for more than 30 years. Some of the
areas which the panel believes could benefit from a new perspective include personnel policies,
contracting, and land use. The interview panel also recommends a regular review of attorney
services. This process has highlighted the need for the City to be more diligent in reviewing its
city attorney services on a more regular basis to ensure these services are meeting current and
long-term needs.
LA
s
o y
y
4
`I908City Council Finance
Meeting Minutes
February 10, 2020 - 5:30 p.m. - Hazelnut Conference Room, City Hall
Councilmembers Present: Verna Seal, Chair; Kathy Hougardy, Zak Idan
StoffPresent. Aaron Williams, Juan Padilla, Henry Hash, Hari Ponnekanti, David Cline,
Vicky Carlsen, Adam Cox
Chair Seal called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Contract: ORCA Business Passport Program
Staff is seeking Council approval of a contract with King County for employee participation in
the ORCA Business Passport Program in the amount of $73,695.00, which is available in the
Mayor's Office Green Initiatives budget.
Committee Recommendation
Unanimous Approval. Forward to February 24, 2020 Special Meeting Consent Agenda.
B. Request for Proposals for City Attorney Services Responses
The City received two responses to the Request for Proposal for City Attorney Services. Both
firms, Kenyon Disend, PLLC and Ogden, Murphy, Wallace, PLLC will present to the
Committee of the Whole on February 24, 2020.
Committee question(s) requiring follow up
• Historical financial data on special services provided by the attorney
• Hourly rates for attorney services by Friday for the interviews
• Score sheet from the interviews
• Recap of the interview process
Committee Recommendation
Discussion only.
C. 42"d Avenue South Bridge Replacement Project Financing
Staff is seeking direction on funding forthe 42"d Avenue South Bridge Replacement Project.
Committee Recommendation
Unanimous approval to authorize staff to go out to full design with funding up to 30% or $1
million and forward recommendation to the February 24, 2020 Committee of the Whole
meeting and subsequent March 3, 2020 Regular Meeting.
0
COUNCIL AGENDA SYNOPSIS
----------------------------------
Meeting Date
Prepared by
Mayor' review
Council review
02/10/20
MD
4,
03/02/20
MD
X7
ITEM INFORMATION
ITEM NO.
6.G.
STAFF SPONSOR: MINNIE DHALIWAL
ORIGINAL. AGENDA DA17E: 2/10/20
AGENDA I'FEM TITLE Critical Area Code Update
Shoreline Master Program and Shoreline Regulations update
CATEGORY ® Discussion
Mt
g Date 2/10/20
® Motion
g Date 3/2/20
Mt
❑ Resolution
Mt Date
® Ordinance
Mtg Date 312120
❑ Bid Award
ARS Date
❑ Public Hearing
Aft
g Date
❑Other
Mtg Date
SPONSOR ❑Council ❑Mayor ❑HR ®DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police 0131F ❑Court
SPONSOR's The City of Tukwila is required to periodically update its Critical Areas Code, Shoreline
SUMMARY Master Program and associated regulations for compliance with changes to the Shoreline
Management Act, the Department of Ecology guidelines, and other legislative rules. The
Council is being asked to consider and approve the ordinances.
*(Due to recent changes to the documentation; there is NO need to bring the packet
distributed previously. All changes are in this packet.)*
REVIEWED BY ❑ Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ® Planning/Economic Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 2/3 COMMITTEE CHAIR: MCLEOD
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
02/10/20
Forward to 3/2 Regular Meeting
MTG. DATE
ATTACHMENTS
02/10/20
Informational Memorandum (updated after 2/3/20 PED Committee) w/ attachments
Draft Ordinances in Strike -Through Underline (Updated after 2/3/20 PED Committee)
Minutes from the 11/26 CDN, 12/10 CDN, & 2/3/20 PED Committee
Powerpoint
*Due to recent changes in the materials; there is NO need to bring the packet
previously distributed. ALL CHANGES ARE IN THIS PACKET*
3/2/20
3 Final Ordinances (Ord. 3 for SMP Zoning Code, pages 10-12 were updated to
-r
correct minor housekeeping changes in strike-thru underlined format)
NOTE: Corrections have been made to the designations in three uses within the Shoreline Use
Matrix (on pages 10 and 12 of the shoreline zoning regulations ordinance —and as shown
below). The corrections are shown in red text/shaded boxes below and are reflected in the final
ordinance which immediately follows these three pages.
SHORELINE USE MATRIX*
P = May be permitted subject to
development standards.
C = May be permitted as a Shoreline
Conditional Use.
X = Not Allowed in Shoreline Jurisdiction.
Shoreline Residential
Urban Conservancy
High
Intensity
Aquatic
Environment
Buffer
Non-
Buffer
Buffer
Non-
Buffer
Buffer
Non -
Buffer
AGRICULTURE
Farming and farm -related activities
X
X
X
P
X
X
X
Aquaculture
X
X
X
X
X
X
X
COMMERCIAL (1)
General
X
X
X
P
X
P (2)
P (3)
Automotive services, gas (outside pumps
allowed), washing, body and engine repair
shops (enclosed within a building)
X
X
X
C
X
C (2)
X
Contractors storage yards
X
X
X
C
X
C (2)
X
Water -oriented uses
C
P
C
P
C
P
C
Water -dependent uses
P (4)
P (5)
P (4)
1 P
P (4)
P
P
Storage
P (6)
P (5)
P (6)
P
P (6)
P
X
CIVIC/INSTITUTIONAL
General
X
P
X
P
X
P
X
DREDGING
Dredging for remediation of contaminated
substances
C (7)
NA
C (7)
NA
C (7)
NA
C (7)
Dredging for maintenance of established
navigational channel
NA
NA
NA
NA
NA
NA
P (8)
Other dredging for navigation
NA
NA
NA
NA
NA
NA
C (9)
Dredge material disposal
X
X
X
X
X
X
X
Dredging for fill
NA
NA
NA
NA
NA
NA
X
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton
Page 10 of 64
High
Aquatic
P = May be permitted subject to
Shoreline Residential
Urban Conservancy
Intensity
Environment
development standards.
C = May be permitted as a Shoreline
Buffer
Non-
Buffer
Non-
Buffer
Non -
Conditional Use.
Buffer
Buffer
Buffer
X = Not Allowed in Shoreline Jurisdiction.
ESSENTIAL PUBLIC FACILITY (Water
Dependent)
P
P
P
P
P
P
P
ESSENTIAL PUBLIC FACILITY (Nonwater
Dependent) (10)
C
C
C
C
C
C
C
FENCES
P (11)
P
C (11)
P
C (11)
P
X
FILL
General
C (12)
P
C (12)
P
C (12)
P
C (12)
Fill for remediation, flood hazard reduction
P (13)
P
P (13)
P
P (13)
P
P (13)
or ecological restoration
FLOOD HAZARD MANAGEMENT
Flood hazard reduction (14)
P
P
P
P
P
P
P
Shoreline stabilization (15)
P
P
P
P
P
P
P
INDUSTRIAL (16)
General
X
X
P (3)
P
P (3)
P (2)
P (3)
Animal rendering
X
X
X
C
X
X
X
Cement manufacturing
X
X
X
C
X
C (2)
X
Hazardous substance processing and
handling & hazardous waste treatment and
X
X
X
X
X
X
X
storage facilities (on or off -site) (17)
Rock crushing, asphalt or concrete batching
or mixing, stone cutting, brick manufacture,
X
X
X
marble works, and the assembly of products
X
C
X
C (2)
from the above materials
Salvage and wrecking operations
X
X
X
C
X
C (2)
X
Tow -truck operations, subject to all
X
X
X
C
X
P (2)
additional State and local regulations
X
Truck terminals
X
X
X
P
X
P (2)
X
Water -oriented uses
X
X
C
P
C
P
C
Water -dependent uses (17)
X
X
P (4)
P
P (4)
P
P
MINING
General
X
X
X
X
X
X
X
OVERWATER STRUCTURES (18)
Piers, docks, and other overwater structures
P (19)
NA
P (20)
NA
P (20)
NA
P (20,21)
Vehicle bridges (public)
P (31, 4)
P (31)
P (31, 4)
P (31)
P (31, 4)
P (31)
P (31)
Vehicle bridges (private)
C
C
C
C
C
C
C
Public pedestrian bridges
P
P I
P
P
P
P
P
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton
We
Page 11 of 64
P = May be permitted subject to
development standards.
C = May be permitted as a Shoreline
Conditional Use.
X = Not Allowed in Shoreline Jurisdiction.
Shoreline Residential
Urban Conservancy
High
Intensity
Aquatic
Environment
Buffer
Non-
Buffer
Buffer
Non-
Buffer
Buffer
Non -
Buffer
PARKING — ACCESSORY
Parking areas limited to the minimum
necessary to support permitted or
conditional uses
X
P (5)
X
P
X
P
X
RECREATION
Recreation facilities (commercial — indoor)
X
X
X
P
X
P (22)
X
Recreation facilities (commercial — outdoor)
x
x
C (23,
24)
C (24)
C (23,
24)
C (24)
X
Recreation facilities, including boat launching
(public)
P (23)
P
P (23,24,
25)
C
P (23,
25)
P
P (3)
Public and private promenades, footpaths, or
trails
P
P
P (26)
P
P (26)
P
X
RESIDENTIAL —SINGLE FAMILY/MULTI-FAMILY
Dwelling
X (27)
P
X
P
x
x
X
Houseboats
X
X
X
X
X
X
X
Live-aboards
X
X
X
X
X
X
P (21,28)
Patios and decks
P (29)
P
P (29)
P
P
P
X
Signs (30)
P
P
P
P
P
P
X
Shoreline Restoration
P
P
P
P
P
P
P
TRANSPORTATION
General
C
C
C
C
C
C
C (3)
Park & ride lots
X
X
X
C (9)
X
C (9)
X
Levee maintenance roads
P (32)
P (32)
P (32)
P (32)
P (32)
P (32)
NA
Railroad
X
P
X
X
X
X
X
UTILITIES
General (10)
P (4)
P
P (4)
P
P (4)
P
C
Provision, distribution, collection,
transmission, or disposal of refuse
X
X
X
X
X
X
X
Hydroelectric and private utility power
generating plants
X
X
X
X
X
X
X
Wireless towers
X
X
X
X
X
X
X
Support facilities, such as outfalls
P (33)
P
P (33)
P
P (33)
P
C (33)
Regional detention facilities
X
X
P (34)
P (34)
P (34)
P (34)
X
USES NOT SPECIFIED
C
C
C
C
C
C
C
*This matrix is a summary. Individual notes modify standards in this matrix. Permitted or
conditional uses listed herein may also require a shoreline substantial development permit and
other permits.
(1) Commercial uses mean those uses that are involved in wholesale, retail, service and
business trade. Examples include office, restaurants, brew pubs, medical, dental and
veterinary clinics, hotels, retail sales, hotel/motels, and warehousing.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton
Page 12 of 64
i A
cot
Oof � URI R � R,
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADDING, REPEALING AND AMENDING VARIOUS
DEFINITIONS AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC)
CHAPTER 18.06, "DEFINITIONS," AS IDENTIFIED HEREIN; AMENDING
AND RECODIFYING VARIOUS ORDINANCES AS CODIFIED IN
MULTIPLE SECTIONS OF TMC CHAPTER 18.52, "LANDSCAPE
REQUIREMENTS;" AMENDING ORDINANCE NO. 2443 §25, AS
CODIFIED AT TMC SECTION 18.28.240.C; AMENDING ORDINANCE NO.
2570 §3, §4, §5, §6, §7, §9, §12, §17 AND §20, AND ORDINANCE NO.
1758 §1 (PART), AS CODIFIED AT MULTIPLE SECTIONS OF TMC
CHAPTER 18.54, "URBAN FORESTRY AND TREE REGULATIONS;"
AMENDING ORDINANCE NO. 2518 §15 AND ORDINANCE NO. 1819 §1
(PART), AS CODIFIED AT TMC SECTION 18.70.050; REPEALING
ORDINANCE NOS. 2175 AND 2077, AS CODIFIED AT TMC SECTION
18.70.050; REPEALING ORDINANCE NO. 2301, AS CODIFIED IN
MULTIPLE SECTIONS OF TMC CHAPTER 18.45, "ENVIRONMENTALLY
SENSITIVE AREAS;" REPEALING ORDINANCE NO. 2368 §47, §48, §49
AND §50, AS CODIFIED AT VARIOUS SECTIONS OF TMC CHAPTER
18.45 AS IDENTIFIED HEREIN; REENACTING TMC CHAPTER 18.45,
"ENVIRONMENTALLY SENSITIVE AREAS," TO AMEND AND
ESTABLISH NEW REGULATIONS RELATED TO CRITICAL AREAS;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City of Tukwila adopted new regulations governing development on
sensitive areas and buffers in 2010 based on State Growth Management Act (GMA)
requirements to adopt development regulations that protect the functions of sensitive
areas, including wetlands, watercourse, fish and habitat conservation areas, and areas
of potential geological instability; and
WHEREAS, the City's critical area regulations should be consistent with the
Washington State Department of Ecology wetland classification system, which is based
on best available science; and
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WHEREAS, the City's critical area regulations should be consistent with the
Washington State Department of Natural Resources' stream classification system; and
WHEREAS, the City is conducting a required periodic update of its critical areas
regulations per RCW 36.70A.130; and
WHEREAS, after administering the critical area regulations for the past nine years
the City has determined there are certain clarifications and refinements needed to
improve the effectiveness of the ordinance; and
WHEREAS, the City Council adopted a Public Outreach Plan that incorporated a
variety of methods to notify the general public and property owners including an open
house, mailings to property owners and tenants, notice in a stormwater bill, postings on
the City's web site, creation of a broadcast e-mail group that received updates of the
critical areas review process, and articles in the City's newsletter "The Hazelnut;" and
WHEREAS, after receiving public input and administering the recently adopted tree
and landscaping regulations, the City has determined there are certain clarifications and
refinements needed to the "Urban Forestry and Tree Regulations chapter and the
"Landscape Requirements" chapter of the Tukwila Municipal Code to improve the
effectiveness of those ordinances; and
WHEREAS, the Planning Commission reviewed a public review Draft Critical Areas
Regulations, held a public hearing on April 11, 2019, and recommended adoption of
revised regulations to the City Council on June 27, 2019; and
WHEREAS, an environmental checklist was prepared for the Draft Critical Areas
Regulations as recommended by the Planning Commission and a Determination of Non -
Significance was issued September 9, 2019; and
WHEREAS, the City Council held a public hearing on September 23, 2019, to review
the Planning Commission recommended Draft Critical Areas Regulations; and
WHEREAS, the City Council reviewed written and verbal testimony and approved
revisions to the Planning Commission recommended Draft Critical Areas Regulations to
address issues raised by interested parties, individual councilmembers, staff and the
Department of Ecology; and
WHEREAS, notice has been provided to the Washington State Department of
Commerce pursuant to RCW 36.70A.106;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
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Section 1. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 2075 §1
(part), as codified in Tukwila Municipal Code (TMC) Chapter 18.06, "Definitions," under
the subparagraph entitled "Adaptive Management," is hereby amended to read as follows:
Adaptive Management
"Adaptive management" means the use of scientific methods to evaluate how well
regulatory and non -regulatory actions protect a critical area.
Section 2. New Definition Adopted. A new section is hereby added to TMC
Chapter 18.06, "Definitions," as follows:
Alteration
"Alteration" means any human -induced change in an existing condition of a critical
area or its buffer. Alterations include, but are not limited to, grading, filling, channelizing,
dredging, clearing of vegetation, construction, compaction, excavation, or any other
activity that changes the character of the critical area.
Section 3. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 2075 §1
(part), as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled
"Best Available Science," is hereby amended to read as follows:
Best Available Science
"Best Available Science means that scientific information applicable to the critical
area prepared by appropriate local, state or federal agencies, a qualified scientist or team
of qualified scientists, which will be consistent with the criteria established in WAC 365-
195-900 through WAC 365-195-925. Characteristics of a valid scientific process will be
considered to determine whether information received during the permit review process
is reliable scientific information. A valid scientific process includes some or all of the
following characteristics:
1. Peer reviewed research or background information.
2. Study methods clearly stated.
3. Conclusions based on logical assumptions.
4. Quantitative analysis.
5. Proper context is established.
6. References are included that cite relevant, credible literature and other
pertinent information.
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Section 4. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1
(part), as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled
"Essential Street, Road, Right of Way or Utility," is hereby amended to read as follows:
Essential Street, Road, or Right -of -Way
"Essential street, road, or right-of-way" means a street, road or right-of-way where no
feasible alternative location exists based on an analysis of technology and system
efficiency.
Section 5. New Definition Adopted. A new section is hereby added to TMC
Chapter 18.06, "Definitions," as follows:
Essential Utility
"Essential utility" means a utility facility or utility system where no feasible alternative
location exists based on an analysis of technology and system efficiency.
Section 6. TMC Chapter 18.06, "Definitions," Amended. Ordinance Nos. 2075 §1
(part) and 1758 §1 (part), as codified in TMC Chapter 18.06, "Definitions," under the
subparagraph entitled "Mitigation," are hereby amended to read as follows:
Mitigation
"Mitigation" means replacing project induced critical area and buffer losses or
impacts, and includes but is not limited to the following:
1. Restoration: Actions performed to reestablish critical area and its buffer
functional characteristics and processes that have been lost by alterations, activities or
catastrophic events within an area that no longer meets the definition of a critical area;
2. Creation: Actions performed to intentionally establish a critical area and its
buffer at a site where it did not formerly exist;
3. Enhancement: Actions performed to improve the condition of an existing
degraded critical area or its buffer so that the functions it provides are of higher quality.
Section 7. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1
(part), as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled
"Sensitive Area Buffer," is hereby amended to read as follows:
Critical Area Buffer
"Critical area buffer" means an area lying adjacent to but outside a critical area as
defined by this Title, whose function is to protect critical areas from the potential adverse
impacts of development, land use, or other activities. A wetland or watercourse critical
area buffer also provides critical habitat value, bank stabilization, or water overflow area
functions.
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Section 8. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1
(part), as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled
"Sensitive Area Regulated Activities," is hereby amended to read as follows:
Critical Area Regulated Activities
"Critical area regulated activities" means any of the following activities that are directly
undertaken or originate in a regulated wetland or watercourse or their buffers:
1. Removal, excavation, grading or dredging of soil, sand, gravel, minerals,
organic matter or material of any kind;
2. Dumping, discharging or filling with any material;
3. Draining, flooding or disturbing the water level or water table;
4. Driving of pilings;
5. Placing of obstructions;
6. Construction, reconstruction, demolition or expansion of any structure;
7. Destruction or alteration of wetlands, watercourses or their buffers through
clearing, harvesting, shading, intentional burning or planting of vegetation that would alter
the character of a regulated wetland, watercourse or buffer, provided that these activities
are not part of a forest practice governed under RCW 76.09 and its rules; or
8. Activities that result in a significant change to the water sources of wetlands
or watercourses. These alterations include a significant change in water temperature;
physical or chemical characteristics, including quantity; and the introduction of pollutants.
Section 9. TMC Chapter 18.06, "Definitions," Amended. Ordinance Nos. 2075 §1
(part) and 1758 §1 (part), as codified in TMC Chapter 18.06, "Definitions," under the
subparagraph entitled "Sensitive Areas," are hereby amended to read as follows:
Critical Areas
"Critical areas" means wetlands, watercourses, areas of potential geologic instability
(other than Class I areas), abandoned coal mine areas, fish and wildlife habitat
conservation areas, and special hazard flood areas.
Section 10. TMC Chapter 18.06, "Definitions," Amended. Ordinance Nos. 2075 §1
(part) and 1758 §1 (part), as codified in TMC Chapter 1.8.06, "Definitions," under the
subparagraph entitled "Sensitive Areas Ordinance," are hereby amended to read as
follows:
Critical Areas Ordinance
"Critical Areas Ordinance" means the Environmentally Critical Areas chapter of this
title or as amended hereafter which establishes standards for land development on lots
with critical areas (e.g. steep slopes, wetlands, watercourses, etc.).
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Section 11. TMC Chapter 18.06, "Definitions," Amended. Ordinance Nos. 2075 §1
(part) and 1758 §1 (part), as codified in TMC Chapter 18.06, "Definitions," under the
subparagraph entitled "Sensitive Areas Tract or Easement," are hereby amended to read
as follows:
Critical Area Tract or Easement
"Critical area tract or easement" means a tract or portion of a parcel that is created
to protect the critical area and its buffer, whose maintenance is assured, and which is
recorded on all documents of title of record for all affected lots and subsequent owners.
Section 12. TMC Chapter 18.06, "Definitions," Amended. Ordinance Nos. 2368 §3
and 1758 §1 (part), as codified in TMC Chapter 18.06, "Definitions," under the
subparagraph entitled "Wetland Edge," are hereby amended to read as follows:
Wetland Edge
"Wetland edge" means the delineated boundary of a wetland performed in
accordance with approved federal wetland delineation manual and current applicable
regional supplements.
Section 13. Section Numbers within TMC Chapter 18.06, "Definitions," Amended.
As a result of amendments contained herein, the section number for some definitions
in TMC Chapter 18.06, "Definitions," may be changed as part of codification of this
ordinance including, but not limited to, the following:
Current Section Number
Definition
18.06.017
Adaptive Management
18.06.064
Best Available Science
18.06.285
Essential Street, Road or Right -of -Way
18.06.581
Mitigation
18.06.710
Critical Area Buffer
18.06.715
Critical Area Regulated Activities
18.06.720
Critical Areas
18.06.725
Critical Areas Ordinance
18.06.730
Critical Area Tract or Easement
18.06.924
Wetland Edge
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Section 14. Repealer. Ordinance No. 1758 §1 (part), as codified in TMC Chapter
18.06, "Definitions," under the subparagraph entitled "Wetlands or Watercourses
Constructed," is hereby repealed.
Section 15. Repealer. Ordinance No. 1758 §1 (part), as codified in TMC Chapter
18.06, "Definitions," under the subparagraph entitled "Wetland, Emergent," is hereby
repealed.
Section 16. Repealer. Ordinance Nos. 2075 §1 (part) and 1758 §1 (part), as codified
in TMC Chapter 18.06, "Definitions," under the subparagraph entitled "Wetland,
Forested," are hereby repealed.
Section 17. Repealer. Ordinance No. 2301, as codified in multiple sections of
TMC Chapter 18.45, "Environmentally Sensitive Areas," is hereby repealed in its entirety.
Section 18. Repealer. Ordinance No. 2368 §47, §48, §49 and §50, as codified at
TMC Sections 18.45.040, 18.45.080, 18.45.120 and 18.45.180 respectively, are hereby
repealed.
Section 19. Repealer. Ordinance Nos. 2175 and 2077, as codified at TMC Section
18.70.050, "Nonconforming Structures," are hereby repealed.
Section 20. Chapter Title. Tukwila Municipal Code Chapter 18.45 is hereby retitled
to read as follows:
CHAPTER 18.45
ENVIRONMENTALLY CRITICAL AREAS
Sections:
18.45.010 Purpose
18.45.020 Best Available Science
18.45.030 Critical Area Applicability, Maps and Inventories
18.45.040 Critical Areas Special Studies
18.45.070 Critical Area Permitted Activities
18.45.075 Mitigation Sequencing
18.45.080 Wetlands Designations, Ratings and Buffers
18.45.090 Wetlands Uses, Alterations and Mitigation
18.45.100 Watercourse Designations, Ratings and Buffers
18.45.110 Watercourse Alterations and Mitigation
18.45.120 Areas of Potential Geologic Instability Designations, Ratings and
Buffers
18.45.130 Areas of Potential Geologic Instability Uses, Exemptions,
Alterations and Mitigation
18.45.140 Coal Mine Hazard Areas
18.45.150 Fish and Wildlife Habitat Conservation Areas — Designation,
Mapping, Uses and Standards
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18.45.155
Special Hazard Flood Areas
18.45.158
Vegetation Protection and Management
18.45.160
Critical Area Master Plan Overlay
18.45.170
Critical Areas Tracts and Easements
18.45.180
Exceptions
18.45.190
Time Limitation, Appeals and Vesting
18.45.195
Violations
18.45.197
Enforcement
18.45.200
Recording Required
18.45.210
Assurance Device
18.45.220
Assessment Relief
Section 21. TMC Section 18.45.010 is hereby reenacted to read as follows:
18.45.010 Purpose
A. The purpose of TMC Chapter 18.45 is to protect the environment, human life and
property; to designate and classify ecologically critical areas including but not limited to
regulated wetlands and watercourses and geologically hazardous areas and to protect
these critical areas and their functions while also allowing for reasonable use of public
and private property. These regulations are prepared to comply with the Growth
Management Act, RCW 36.70A, to apply best available science according to WAC 365-
195-900 through 925 and to protect critical areas as defined by WAC 365-190-080.
B. Standards are hereby established to meet the following goals of protecting
environmentally critical areas:
1. Minimize developmental impacts on the natural functions of these areas.
2. Protect quantity and quality of water resources.
3. Minimize turbidity and pollution of wetlands and fish -bearing waters and
maintain wildlife habitat.
4. Prevent erosion and the loss of slope and soil stability caused by the removal
of trees, shrubs, and root systems of vegetative cover.
5. Protect the public against avoidable losses, public emergency rescue and
relief operations cost, and subsidy cost of public mitigation from landslide, subsidence,
erosion and flooding.
6. Protect the community's aesthetic resources and distinctive features of
natural lands and wooded hillsides.
7. Balance the private rights of individual property owners with the preservation
of environmentally critical areas.
8. Prevent the loss of wetland and watercourse function and acreage, and
strive for a gain over present conditions.
9. Give special consideration to conservation or protection measures
necessary to protect or enhance anadromous fisheries.
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10. Incorporate the use of best available science in the regulation and protection
of critical areas as required by the State Growth Management Act, according to WAC
365-195-900 through 365-195-925 and WAC 365-190-080.
Section 22. TMC Section 18.45.020 is hereby reenacted to read as follows:
18.45.020 Best Available Science
A. Policies, regulations and decisions concerning critical areas shall rely on best
available science to protect the functions of these areas and must give special
consideration to conservation or protection measures necessary to preserve or enhance
anadromous fish and their habitats.
B. Nonscientific information may supplement scientific information, but is not an
adequate substitution for valid and available scientific information.
C. Incomplete or unavailable scientific information leading to uncertainty for
permitting critical area impacts may require application of effective adaptive
management on a case by case basis. Adaptive management relies on scientific
methods to evaluate how well regulatory or non -regulatory actions protect critical areas
or replace their functions.
Section 23. TMC Section 18.45.030 is hereby reenacted to read as follows:
18.45.030 Critical Area Applicability, Maps, and Inventories
A. APPLICABILITY. The provisions of TMC Chapter 18.45 shall apply to all land
uses and all development activities in a critical area or a critical area buffer as defined in
the "Definitions" chapter of this title. The provisions of TMC Chapter 18.45 apply whether
or not a permit or authorization is required within the City of Tukwila. No person, company,
agency, or applicant shall alter a critical area or buffer except as consistent with the
purposes and requirements of TMC Chapter 18.45. The following are critical areas
regulated by TMC Chapter 18.45:
Coal Mine Hazard Areas;
2. Areas of potential geologic instability: Class 2, 3, 4 areas (as defined in the
Definitions chapter of this title and TMC Section 18.45.120.A);
3. Wetlands;
4. Watercourses;
5. Fish and Wildlife Habitat Conservation Areas; and
6. Special Hazard Flood Areas (see TMC Chapter 16.52 for additional
regulations).
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B. Areas of seismic instability are identified as critical areas by the Growth
Management Act and are defined and regulated through the Washington State Building
Code.
C. In the event of a conflict between this TMC Chapter 18.45 and any other laws,
regulations, ordinances or restrictive covenants, the provision that imposes greater
restrictions or higher standards upon the development or use of land shall prevail.
D. CRITICAL AREAS MAPS AND INVENTORIES.
1. The distribution of many critical areas and potential critical areas in Tukwila
is displayed on the Critical Areas Maps, on file with the Department of Community
Development (DCD). These maps are based on site assessment of current conditions and
review of the best available scientific data and are hereby adopted by reference. Not all
critical areas are shown on the map. Thus it is the responsibility of property owners and
applicants to verify actual presence or absence of a critical area or critical area buffer
based on the definitions in this code. Applicant is also responsible for delineation and
categorization of potential wetland based on methodology required under TMC Section
18.45.080 and verifying that watercourse typing and location is consistent with TMC
Section 18.45.100.
2. Studies, preliminary inventories and ratings of potential critical areas are on
file with the Department of Community Development.
3. As new environmental information related to critical areas becomes
available, the Director is hereby designated to periodically add, remove, or alter new
information to the Critical Areas Maps. Removal of any information from the Critical Areas
Maps is a Type 1 decision as described in TMC Chapter 18.108.
Section 24. TMC Section 18.45.040 is hereby reenacted to read as follows:
18.45.040 Critical Area Special Studies
A. Application Required. An applicant for a development proposal within a
parcel that may include a critical area and/or its buffer shall submit those studies as
required by the City and specified within this section to adequately identify and evaluate
the critical area and its buffers.
1. A required critical area study shall be prepared by a person with experience
and training in the scientific discipline appropriate for the relevant critical area as outlined
within this section and in accordance with WAC 365-195-905(4). A qualified
professional must have obtained a B.S. or B.A. or equivalent degree in ecology or
related science, environmental studies, fisheries, geotechnical or related field, and two
years of related work experience.
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a. A qualified professional for Fish and Wildlife Habitat Conservation
Areas must have a degree in ecology or related sciences and professional experience
related to the subject species.
b. A qualified professional for wetland critical area studies must be a
certified Professional Wetland Scientist or a Wetland Scientist with at least two years of
full-time work experience as a wetlands professional, including delineating wetlands
using the approved federal manual and applicable regional supplements, preparing
wetland reports, conducting functional assessments, and developing and implementing
mitigation plans.
c. A qualified professional for a geological hazard study must be a
professional geotechnical engineer as defined in the Definitions chapter of this title,
licensed in the state of Washington.
d. A qualified professional for watercourses and frequently flooded areas
means a hydrologist, fisheries biologist, engineer or other scientist with experience in
preparing watercourse assessments.
2. The critical area study shall use scientifically valid methods and studies in
the analysis of critical area data and shall use field reconnaissance and reference the
source of science used. The critical area study shall evaluate the proposal and all
probable impacts to critical areas.
B. Wetland and Watercourse Critical Area Studies. Wetland and watercourse
special studies are valid for five years following the date of the study, unless otherwise
determined by the Director. The critical area study shall contain the following
information, as applicable:
1. The name and contact information of the applicant, a description of the
proposal, and identification of the permit requested;
2. A copy of the site plan for the development proposal showing: critical areas
and buffers and the development proposal with dimensions, clearing limits, proposed
storm water management plan, and mitigation plan for impacts due to drainage
alterations;
3. The dates, names and qualifications of the persons preparing the study and
documentation of any fieldwork performed on the site;
4. Identification and characterization of all critical areas, water bodies, and
buffers on or adjacent to the proposed project area or potentially impacted by the
proposed project as described in the following sections:
a. Characterization of wetlands must include:
(1) A wetland delineation report that includes methods used, field
indicators evaluated and the results. Wetland delineation must be performed in
accordance with approved federal wetland delineation manual and current applicable
regional supplements. Field data forms are to be included in the report. Data collection
points are to be shown on the site plan with their corresponding numbers indicated. After
the City of Tukwila confirms the boundaries, they are to be professionally surveyed to the
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nearest square foot and the site plan modified as necessary to incorporate the survey
data. Exact wetland acreage will be calculated after the boundaries have been surveyed.
Applicant must submit electronic survey data in Autocad, GIS or similar format at the time
of as -built submittal.
(2) Cowardin (Classification of Wetlands and Deepwater Habitats of the
U.S. — U.S. Department of Interior) classification of the wetland(s).
(3) Hydrogeomorphic classification of the wetland(s).
(4) Hydroperiod.
(5) Brief landscape assessment of the wetland (identify hydrologic
basin/sub-basin; inlets, outlets; surrounding land use; habitat quality and connectivity;
ultimate point of discharge; presence of culverts or other constraints to flow; relationship
to other wetlands/watercourses adjacent to or potentially impacted by the proposed
project).
(6) Description of buffer size per this chapter, conditions (topographic
considerations, existing vegetation types and density, habitat features, watercourse
edges, presence of invasive species, etc.) and functions.
(7) Assessment. For proposed wetland filling or proposed projects
that will impact buffers, the most current Washington Wetland Classification System shall
be used as a functional assessment.
b. Characterization of the watercourses on site, adjacent to or potentially
impacted by the proposed project must include:
(1) Description of: flow regime, physical characteristics of streambed,
banks, dimensions and bank -full width, stream gradient, stream and buffer vegetation
conditions, habitat conditions, and existing modifications.
(2) Brief landscape assessment of the watercourse (identify hydrologic
basin/sub-basin, and contributing basin area acreage, outlets, surrounding land use,
habitat quality and connectivity, ultimate point of discharge, presence of culverts or other
constraints to flow, presence of man-made or natural barriers to fish passage, relationship
to wetlands or other watercourses adjacent to or potentially impacted by the proposed
project, flow regime).
(3) Classification of the watercourse under Tukwila's rating system.
(4) Description of buffer size per this chapter, conditions (topographic
considerations, existing vegetation types and density, habitat features, watercourse
edges, presence of invasive species, etc.) and functions.
(5) Description of habitat conditions, wildlife/fish use of the
watercourse, including sensitive, threatened or endangered species.
c. Citation of any literature or other resources utilized in preparation of
the report.
5. A statement specifying the accuracy of the study and assumptions used in
the study.
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6. Determination of the degree of hazard and risk from the proposal both on
the site and on adjacent properties.
7. An assessment of the probable cumulative impacts to critical areas, their
buffers and other properties resulting from the proposal.
8. A description of reasonable efforts made to apply mitigation sequencing to
avoid, minimize and mitigate impacts to critical areas.
9. Plans for adequate mitigation to offset any impacts.
10. Recommendations for maintenance, short-term and long-term monitoring,
contingency plans and bonding measures.
11. Any technical information required by the Director to assist in determining
compliance with this chapter.
C. Geotechnical Report.
1. A geotechnical report appropriate both to the site conditions and the
proposed development shall be required for development in Class 2, Class 3, Class 4
areas, and any areas identified as Coal Mine Hazard Areas.
2. Geotechnical reports for Class 2 areas shall include at a minimum a site
evaluation review of available information regarding the site and a surface
reconnaissance of the site and adjacent areas potentially impacted by the proposed
project. Subsurface exploration of site conditions is at the discretion of the geotechnical
consultant.
3. Geotechnical reports for Class 3, Class 4 and Coal Mine Hazard Areas
shall include a site evaluation review of available information about the site, a surface
reconnaissance of the site and adjacent areas potentially impacted by the proposed
project, a feasibility analysis for the use of infiltration on -site and a subsurface
exploration of soils and hydrology conditions. Detailed slope stability analysis shall be
done if the geotechnical engineer recommends it in Class 3 or Coal Mine Hazard Areas,
and must be done in Class 4 areas.
4. Applicants shall retain a geotechnical engineer to prepare the reports and
evaluations required in this subsection. The geotechnical report and completed site
evaluation checklist shall be prepared in accordance with the generally accepted
geotechnical practices, under the supervision of and signed and stamped by the
geotechnical engineer. The report shall be prepared in consultation with the Community
Development and Public Works Departments.
5. The opinions and recommendations contained in the report shall be
supported by field observations and, where appropriate or applicable, by literature
review conducted by the geotechnical engineer, which shall include appropriate
explorations, such as borings or test pits, and an analysis of soil characteristics
conducted by or under the supervision of the engineer in accordance with standards of
the American Society of Testing and Materials or other applicable standards. If the
evaluation involves geologic evaluations or interpretations, the report shall be reviewed
and approved by a geotechnical engineer.
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D. Critical Area Study — Modifications to Requirements.
1. The Director may limit the required geographic area of the critical area study
as appropriate if the applicant, with assistance from the City, cannot obtain permission to
access properties adjacent to the project area.
2. The Director may allow modifications to the required contents of the study
where, in the judgment of a qualified professional, more or less information is required to
adequately address the potential critical area impacts and required mitigation.
E. Review of Studies. The Department of Community Development will review
and verify the information submitted in the critical area study to confirm the nature and
type of the critical area. The Public Works Department shall seek a peer review of the
geotechnical report on Class 3 and 4 slopes; and peer review on Class 2 slopes may be
required at the discretion of the Public Works Director. Peer review of the geotechnical
reports shall be at the expense of the applicants. For all other critical areas and at the
discretion of the Director, critical area studies may undergo peer review, at the expense
of the applicant.
Section 25. TMC Section 18.45.070 is hereby reenacted to read as follows:
18.45.070 Critical Area Permitted Activities
A. Outright Permitted Activities. The following activities are outright permitted
subject to the provisions of TMC Chapter 21.04 and of the mitigation requirements of this
chapter, if applicable:
1. Maintenance and repair of existing facilities provided no alteration or
additional fill materials will be placed or heavy construction equipment used in the critical
area or buffer.
2. Site exploration or research that does not include use of heavy equipment
or native vegetation removal.
3. Maintenance and repair of essential streets, roads, rights -of -way, or utilities,
and placement, maintenance, and repair of new fiberoptic utilities within existing improved
and paved roads.
4. Actions to remedy the effects of emergencies that threaten the public health,
safety or welfare.
5. Maintenance activities of existing landscaping and gardens in a critical area
buffer including, but not limited, to mowing lawns, weeding, harvesting and replanting of
garden crops and pruning and planting of vegetation. This provision does not apply to
removal of established native trees and shrubs, or to the excavation, filling, and
construction of new landscaping features, such as concrete work, berms and walls.
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6. Voluntary native revegetation and/or removal of invasive species that does
not include use of heavy equipment. The use of herbicide by a licensed contractor with
certification as needed from the Washington Department of Ecology and the Washington
Department of Agriculture is permitted but requires notification prior to application to the
City and shall comply with TMC Section 18.45.158.E.3
B. Permitted Activities Subject to Administrative Review. The following uses
may be permitted only after administrative review and approval of a Type 2 Special
Permission application by the Director:
1. Maintenance and repair of existing uses and facilities where alteration or
additional fill materials will be placed or heavy construction equipment used in the critical
area or buffer.
2. New surface water discharges to critical areas or their buffers from detention
facilities, pre -settlement ponds or other surface water management structures may be
allowed provided that the discharge meets the clean water standards of RCW 90.48 and
WAC 173-200 and 173-201A as amended, and does not adversely affect wetland
hydrology or watercourse flow. Water quality monitoring may be required as a condition
of use.
3. Construction of bioswales and dispersion trenches are the only stormwater
facilities allowed in wetland or watercourse buffers. Water quality monitoring may be
required as a condition of use.
4. Enhancement or other mitigation including landscaping with native plants
that requires heavy equipment.
5. Construction or maintenance of essential utilities if designed to protect the
critical area and its buffer against erosion, uncontrolled storm water, restriction of
groundwater movement, slides, pollution, habitat disturbance, any loss of flood carrying
capacity and storage capacity, and excavation or fill detrimental to the environment.
6. Construction or maintenance of essential public streets, roads and rights -of -
way as defined by TMC Section 18.06.285, provided the following criteria are met:
a. Are designed and maintained to prevent erosion and avoid restricting
the natural movement of groundwater.
b. Are located to conform to the topography so that minimum alteration of
natural conditions is necessary. The number of crossings shall be limited to those
necessary to provide essential access.
c. Are constructed in a way that does not adversely affect the hydrologic
quality of the wetland or watercourse and/or its buffer. Where feasible, crossings must
allow for combination with other essential utilities.
7. Public/Private Use and Access.
a. Public and private access shall be limited to trails, boardwalks, covered
or uncovered viewing and seating areas, footbridges only if necessary for access to other
areas of the property, and displays (such as interpretive signage or kiosks), and must be
located in areas that have the lowest sensitivity to human disturbance or alteration.
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Access features shall be the minimum dimensions necessary to avoid adverse impacts
to the critical area. Trails shall be no wider than 5 feet and are only allowed in the outer
25 percent of the buffer, except for allowed wetland or stream crossings. Crossings and
trails must be designed to avoid adverse impacts to critical area functions. The Director
may require mechanisms to limit or control public access when environmental conditions
warrant (such as temporary trail closures during wildlife breeding season or migration
season).
b. Public access must be specifically developed for interpretive,
educational or research purposes by, or in cooperation with, the City or as part of the
adopted Tukwila Parks and Open Space Plan. Private footbridges are allowed only for
access across a critical area that bisects the property.
c. No motorized vehicle is allowed within a critical area or its buffer except
as required for necessary maintenance, agricultural management or security.
d. Any public access or interpretive displays developed along a critical area
and its buffer must, to the extent possible, be connected with a park, recreation or open -
space area.
e. Vegetative edges, structural barriers, signs or other measures must be
provided wherever necessary to protect critical areas and their buffers by limiting access
to designated public use or interpretive areas.
f. Access trails and footbridges must incorporate design features and
materials that protect water quality and allow adequate surface water and groundwater
movement. Trails must be built of permeable materials.
g. Access trails and footbridges must be located where they do not disturb
nesting, breeding and rearing areas and must be designed so that sensitive plant and
critical wildlife species are protected. Trails and footbridges must be placed so as to not
cause erosion or sedimentation, destabilization of watercourse banks, interference with
fish passage or significant removal of native vegetation. Footbridges must be anchored
to prevent their movement due to water level or flow fluctuations. Any work in the wetland
or stream below the OHWM will require additional federal and state permits.
8. Dredging, digging or filling may occur within a critical area or its buffer only
with the permission of the Director provided it meets mitigation sequencing requirements
and is permitted under TMC Section 18.45.090 (alteration of wetland), TMC Section
18.45.110 (alteration of watercourse), or TMC Sections 18.45.120 and 18.45.130 (areas
of geologic instability). Dredging, digging or filling shall only be permitted for flood control,
improving water quality and habitat enhancement unless otherwise permitted by this
chapter.
Section 26. Regulations Established. TMC Section 18.45.075, "Mitigation
Sequencing," is hereby established to read as follows:
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18.45.076 Mitigation Sequencing
Applicants shall demonstrate that reasonable efforts have been examined with the
intent to avoid and minimize impacts to critical areas and critical area buffers. When an
alteration to a critical area or its required buffer is proposed, such alteration shall be
avoided, minimized or compensated for in the following order of preference:
1. Avoiding the impact altogether by not taking a certain action or parts of an
action;
2. Minimizing critical area or critical area buffer impacts by limiting the degree
or magnitude of the action and its implementation, by using appropriate technology, or by
taking affirmative steps to avoid or reduce impacts;
3. Rectifying the impact by repairing, rehabilitating or restoring the affected
environment;
4. Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the action;
5. Compensating for the impact by replacing, enhancing, or providing substitute
resources or environments; and/or
6. Monitoring the impact and taking appropriate corrective measures.
Section 27. TMC Section 18.45.080 is hereby reenacted to read as follows:
18.45.080 Wetlands Designations, Ratings and Buffers
A. WETLAND DESIGNATIONS.
1. For the purposes of TMC Chapter 18.45, "wetlands" are defined in the
Definitions chapter of this title. A wetland boundary is the line delineating the outer edge
of a wetland established in accordance with the approved federal wetland delineation
manual and applicable regional supplement.
2. Wetland determinations and delineation of wetland boundaries shall be
made by a qualified professional, as described in TMC Section 18.45.040.
3. Wetland determinations and delineation or wetland boundaries must be
conducted within no more than five years prior to the date of permit application.
B. WETLAND RATINGS.
Wetlands shall be designated in accordance with the Washington State Wetlands
Rating System for Western Washington (Washington State Department of Ecology, 2014,
Publication # 14-06-029); or as otherwise amended by Ecology, as Category I, ll, III, or
IV.
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C. WETLAND BUFFERS. The purpose of the buffer area shall be to protect the
integrity and functions of the wetland area. Any land alteration must be located out of the
buffer areas as required by this section. Wetland buffers are intended in general to:
1. Minimize long-term impacts of development on properties containing
wetlands;
2. Protect wetlands from adverse impacts during development;
3. Preserve the edge of the wetland and its buffer for its critical habitat value;
4. Provide an area to stabilize banks, to absorb overflow during high water
events and to allow for slight variation of aquatic system boundaries over time due to
hydrologic or climatic effects;
5. Reduce erosion and increased surface water runoff;
6. Reduce loss of or damage to property;
7. Intercept fine sediments from surface water runoff and serve to minimize
water quality impacts; and
8. Protect the critical area from human and domestic animal disturbances.
D. BUFFER REQUIREMENTS.
Buffer widths in Table 18.45.080-1 have been established in accordance with the
best available science. They are based on the category of wetland and the habitat score.
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Table 18.45.080-1 — Wetland Buffer Widths
Wetland buffer width (feet) Ecology 2014 high -intensity land use impact
Habitat
Habitat
Habitat
Habitat
HabitatFAlternate
abitat
score
score
score
score
scorecore
Category
56
<6
6=7
6=7
8=98=9
Standard
Alternate
Standard
Alternate Buffer
Standard
Buffer
Buffer
Buffer if
Buffer
if impact
Buffer
if impact
impact
minimization
minimization
minimization
measures taken
measures taken
measures
AND buffer is
AND buffer is
taken AND
replanted. Also,
replanted.
buffer is
100 feet
Also, 100 feet
replanted
vegetated
vegetated
corridor between
corridor between
wetland and any
wetland and any
nearby Priority
nearby Priority
Habitats is
Habitats is
maintained (see
maintained.
footnote')
(see footnote')
1
100
75
150
110
300
225
II
100
75
150
110
300
225
III
80
60
150
110
300
225
IV
50
40
50
40
50
40
(') A relatively undisturbed, vegetated corridor at least 100 feet wide is protected between the wetland
and any nearby Priority Habitats as defined by the Washington State Department of Fish and Wildlife. The
corridor must be protected for the entire distance between the wetland and the Priority Habitat by some
type of legal protection such as a conservation easement. Presence or absence of a nearby habitat must
be confirmed by a qualified biologist. If no option for providing a corridor is available, Table 18.45.080-1
may be used with the required measures in Table 18.45.080-2 alone.
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Table 18.45.080-2 — Required Measures to Minimize Impacts to Wetlands
Disturbance
Required Measures to Minimize Impacts
Lights
Direct lights away from wetland
Noise
Locate activity that generates noise away from wetland
• If warranted, enhance existing buffer with native vegetation plantings
adjacent to noise source
• For activities that generate relatively continuous, potentially disruptive
noise, such as certain heavy industry or mining, establish an additional
10-foot heavily vegetated buffer strip immediately adjacent to the outer
edge of wetland buffer
Toxic runoff
• Route all new, untreated runoff away from wetland while ensuring
wetland is not dewatered
• Establish covenants limiting use of pesticides within 150 feet of wetland
Apply integrated pest management
Stormwater runoff
• Retrofit stormwater detention and treatment for roads and existing
adjacent development
• Prevent channelized flow from lawns that directly enters the buffer
• Use Low Intensity Development (LID) techniques where appropriate
(for more information refer to the drainage ordinance and manual)
Change in water regime
• Infiltrate or treat, detain, and disperse into buffer new runoff from
impervious surfaces and new lawns
Pets and human
• Use privacy fencing OR plant dense vegetation to delineate buffer edge
disturbance
and to discourage disturbance using vegetation appropriate for the
ecoregion
• Place wetland and its buffer in a separate tract or protect with a
conservation easement
Dust
• Use best management practices to control dust
E. BUFFER SETBACKS.
1. All commercial and industrial buildings shall be set back 15 feet and all other
development shall be set back 10 feet from the buffer's edge. The building setbacks shall
be measured from the foundation to the buffer's edge. Building plans shall also identify a
20-foot area beyond the buffer setback within which the impacts of development will be
reviewed.
2. The Director may waive setback requirements when a site plan
demonstrates there will be no impacts to the buffer from construction or occasional
maintenance activities.
F. VARIATION OF STANDARD WETLAND BUFFER WIDTH.
1. Buffer averaging may be allowed by the Director as a Type 2 permit if the
total area of the buffer after averaging is equal to the area required without averaging and
the buffer at its narrowest point is never less than either 3/4 of the required width or 75
feet for Category I and II, 50 feet for Category III, and 25 feet for Category IV, whichever
is greater, and so long as the following criteria is met:
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a. The wetland has significant differences in characteristics that affect its
habitat functions, and the buffer is increased adjacent to the higher -functioning area of
habitat or more -sensitive portion of the wetland and decreased adjacent to the lower -
functioning or less -sensitive portion as demonstrated by a critical areas report.
b. There are no feasible alternatives to the site design that could be
accomplished without buffer averaging, and the averaged buffer will not result in
degradation of the wetland's functions and values as demonstrated by a critical areas
report.
c. Compliance with mitigation sequencing requirements (TMC Section
18.45.075).
d. Compliance with TMC Chapter 18.45, "Vegetation Protection and
Management" section.
e. Submittal of buffer enhancement plan, mitigation monitoring and
maintenance plan along with financial guarantee in accordance with this chapter.
2. Interrupted Buffer. Waiver for interrupted buffer may be allowed by the
Director as a Type 2 permit if it complies with the following:
a. The buffer is interrupted by a paved public or private road; existing or
future levee legally constructed adjacent to an off -channel habitat; legally constructed
buildings or parking lots. This waiver does not apply to accessory structures such as
sheds and garages;
b. The existing legal improvement creates a substantial barrier to the buffer
function;
c. The interrupted buffer does not provide additional protection of the
critical area from the proposed development; and
d. The interrupted buffer does not provide significant hydrological, water
quality and wildlife functions. This waiver does not apply if large trees or other significant
native vegetation exists.
e. Enhancement of remaining buffer is required if feasible.
3. Buffers for all types of wetlands will be increased when they are determined
to be particularly sensitive to disturbance or the proposed development will create
unusually adverse impacts. Any increase in the width of the buffer shall be required only
after completion of a wetland study by a qualified wetlands professional or expert that
documents the basis for such increased width. An increase in buffer width may be
appropriate when:
a. The development proposal has the demonstrated potential for significant
adverse impacts upon the wetland that can be mitigated by an increased buffer width; or;
b. The area serves as a habitat for endangered, threatened, sensitive or
monitor species listed by the federal government or the State.
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Section 28. TMC Section 18.45.090 is hereby reenacted to read as follows:
18.45.090 Wetlands Uses, Alterations and Mitigation
A. No use or development may occur in a wetland or its buffer except as specifically
allowed by TMC Chapter 18.45. Any use or development allowed is subject to review and
approval by the Director. Where required, a mitigation plan must be developed and must
comply with the standards of mitigation required in this chapter. Where unauthorized
alterations occur within a critical area or its buffer, the City will require the applicant to
submit a critical area study, that includes mitigation, subject to approval. The applicant
shall be responsible for implementing the mitigation and for additional penalties as
determined by the Director. In addition, federal and/or state authorization is required for
direct impacts to waters of the United States or the State of Washington.
B. ALTERATIONS.
1. Alterations to wetlands are discouraged and are limited to the minimum
necessary for project feasibility. Requests for alterations must be accompanied by a
mitigation plan, are subject to Director approval, and may be approved only if the following
findings are made:
a. The alteration complies with mitigation sequencing requirements (TMC
Section 18.45.075);
b. The alteration will not adversely affect water quality;
c. The alteration will not adversely affect fish, wildlife, or their habitat;
d. The alteration will not have an adverse effect on drainage and/or storm
water detention capabilities;
e. The alteration will not lead to unstable earth conditions or create an
erosion hazard or contribute to scouring actions;
f. The alteration will not be materially detrimental to any other property;
g. The alteration will not have adverse effects on any other critical areas;
and
h. Complies with the maintenance and monitoring requirements listed
within this section.
2. Alterations are not permitted to Category I and II wetlands unless specifically
exempted under the provisions of this chapter.
3. Alterations to Category III and IV wetlands are allowed only where
unavoidable and adequate mitigation is carried out in accordance with the standards of
this section.
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4. Alterations to isolated Category IV wetlands less than 1,000 square feet in
size that meet all of the following conditions are allowed where adequate mitigation is
carried out in accordance with the standards of this section.
buffers;
a. They are not associated with a riparian corridor;
b. They are not associated with Shorelines of the State or their associated
c. They are not part of a wetland mosaic;
d. They do not contain habitat identified as essential for local populations
of priority species identified by the Washington State Department of Fish and Wildlife;
and
e. They do not score 6 points or greater for habitat in the Western
Washington Wetland Rating System.
C. MITIGATION STANDARDS.
1. Types of Wetland Mitigation:
a. Mitigation for wetlands shall follow the mitigation sequencing steps in
this chapter and may include the following types of actions in order of decreasing
preference:
(1) Restoration:
(a) Re-establishment. The manipulation of the physical, chemical
or biological characteristics of a site with the goal of restoring wetland functions to a
former wetland, resulting in a net increase in wetland acres and functions.
(b) Rehabilitation. The manipulation of the physical, chemical or
biological characteristics of a site with the goal of repairing historic functions and
processes of a degraded wetland, resulting in a gain in wetland functions but not acreage.
(2) Creation (establishment). The manipulation of the physical,
chemical or biological characteristics to develop a wetland on an upland or deepwater
site, where a biological wetland did not previously exist.
(3) Enhancement. The manipulation of the physical, chemical or
biological characteristics to heighten, intensify, or improve specific functions (such as
vegetation) or to change the growth stage or composition of the vegetation present,
resulting in a change in wetland functions but not in a gain in wetland acreage.
(4) A combination of the three types of actions listed above.
b. Required mitigation ratios are described in TMC Section
18.45.090.C.1.b.(1)-(4) (below). Alternate mitigation ratios may be accepted by the
Director upon presentation of justification based on best available science that shows the
proposed compensation represents a roughly proportional exchange for the proposed
impacts.
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(1) Alterations are not permitted to Category I or II wetlands unless
specifically exempted under the provisions of this program. When alterations are allowed,
mitigation ratios for Category I wetlands shall be at a 4:1 for creation or re- establishment,
8:1 for rehabilitation, and 16:1 for enhancement. Mitigation ratios for Category II wetlands
shall be at 3:1 for creation or re-establishment, 6:1 for rehabilitation and 12:1 for
enhancement. Creation or re-establishment shall be contiguous to the wetland, unless an
exception is authorized by the Director. For Category II estuarine wetlands, re-
establishment, creation and enhancement ratios will be decided on a case -by -case basis.
(2) Alterations to Category III wetlands are prohibited except where
unavoidable and mitigation sequencing in accordance with this chapter has been utilized
and where mitigation is carried out in accordance with the standards in the section.
Mitigation for any alteration to a Category III wetland must be provided at a ratio of 2:1 for
creation or re-establishment, 4:1 for rehabilitation and 8:1 for enhancement alone.
(3) Mitigation for alteration to a Category IV wetland will be 1.5:1 for
creation or re-establishment, 3:1 for rehabilitation or 6:1 for enhancement. Where only a
portion of a Category IV wetland is filled, the potential functionality of the remaining
reduced wetland must be considered in mitigation planning.
(4) Mitigation for alteration to wetland buffers will be 1:1.
2. The following shall be considered the minimum performance standards for
approved wetland alterations:
a. Wetland functions improved over those of the original conditions.
b. Hydrologic conditions and hydroperiods are improved over existing
conditions and the specific hydrologic performance standards specified in the approved
mitigation plan are achieved.
c. Square feet requirements for creation, reestablishment, rehabilitation or
enhancement and for proposed wetland classes are met.
d. Vegetation native to the Pacific Northwest is installed and vegetation
survival and coverage standards over time are met and maintained.
improved.
e. Habitat features are installed, if habitat is one of the functions to be
Buffer and bank conditions and functions exceed the original state.
3. Maintenance and monitoring of mitigation shall be done by the property
owner for a period of no less than five years and for ten years when the mitigation plan
includes establishing forested wetland and/or buffers. Maintenance shall be carried out in
accordance with the approved mitigation plan. Monitoring reports must be submitted to
the City for review with the frequency specified in the approved mitigation plan.
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D. WETLAND AND BUFFER MITIGATION LOCATION.
1. In instances where portions of a wetland or wetland buffer impacted by
development remain after buffer averaging, mitigation for buffer impacts shall be provided
on -site, if feasible. Where an essential public road, street or right-of-way or essential
public utility cannot avoid buffer alterations, buffer enhancement must be carried out at
other locations around the impacted wetland.
2. On -site mitigation for wetland impacts shall be provided, except where the
applicant can demonstrate that:
a. On -site wetland mitigation is not scientifically feasible due to problems
with hydrology, soils, waves or other factors; or
b. Mitigation is not practical due to potentially adverse impact from
surrounding land uses; or
c. Existing functions created at the site of the proposed restoration are
significantly greater than lost wetland functions; or
d. Regional goals for flood storage, flood conveyance, habitat or other
wetland functions have been established and strongly justify location of mitigation at
another site, and where off -site mitigation is demonstrated to provide a greater ecological
benefit to the watershed. Refer to 2005 WRIA 9 Salmon Habitat Plan as it now reads and
hereafter updated or amended, for potential offsite mitigation locations.
3. Purchase of mitigation credits through mitigation banks and in lieu fee
programs is preferred over permittee responsible offsite mitigation.
4. The Community Development Director may approve, through a Type 2
decision, the transfer of wetland mitigation to a wetland mitigation bank or in -lieu fee
program using the criteria in 4.a. through 4.f. below. Wetland mitigation bank credits shall
be determined by the certified mitigation banking or in -lieu fee instrument.
a. Off -site mitigation is proposed in a wetland mitigation bank that has been
approved by all appropriate agencies, including the Department of Ecology, Corps of
Engineers, EPA and certified under state rules; and
b. The proposed wetland alteration is within the designated service area of
the wetland bank; and
c. The applicant provides a justification for the number of credits proposed;
and
d. The mitigation achieved through the number of credits required meets
the intent of TMC Chapter 18.45; and
e. The Director bases the decision on a written staff report, evaluating the
equivalence of the lost wetland functions with the number of wetland credits required; and
f. The applicant provides a copy of the wetland bank ledger demonstrating
that the approved number of credits has been removed from the bank.
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5. Where off -site mitigation location is proposed it shall comply with the
following criteria:
a. Mitigation sites located within the Tukwila City limits are preferred.
b. Mitigation bank or in -lieu fee option is not feasible.
c. The proposed mitigation will not alter or increase buffers on adjacent
properties without their permission.
6. The Director may approve permittee-responsible offsite mitigation sites
outside the city upon finding that:
a. Adequate measures have been taken to ensure the non -development
and long-term viability of the mitigation site; and
b. Adequate coordination with the other affected local jurisdiction has
occurred.
c. The applicant has selected a site in a location where the targeted
functions can reasonably be performed and sustained and has pursued sites in the
following order of preference:
(1) Sites within the immediate drainage sub -basin;
(2) Sites within the next higher drainage sub -basin; and
(3) Sites within Green/Duwamish River basin.
7. Wetland creation for restoration projects may only be approved if the
applicant can show: (1) that the adjoining property owners are amenable to having
wetland buffers extend onto or across their property; or (2) that the on -site wetland buffers
are sufficient to protect the functions and values of the wetland and the project as a whole
results in net environmental benefit.
E. MITIGATION TIMING. Mitigation projects shall be completed prior to activities
that will permanently disturb wetlands and either prior to or immediately after activities
that will temporarily disturb wetlands. Construction of mitigation projects shall be timed
to reduce impacts to existing wildlife, flora and water quality, and shall be completed prior
to use or occupancy of the activity or development. The Director may allow activities that
permanently disturb wetlands prior to implementation of the mitigation plan under the
following circumstances:
1. To allow planting or re -vegetation to occur during optimal weather
conditions;
2. To avoid disturbance during critical wildlife periods; or
3. To account for unique site constraints that dictate construction timing or
phasing.
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F. WETLAND MITIGATION PLAN CONTENT.
1. The mitigation plan shall be developed as part of a critical area study by a
qualified professional. Wetland and/or buffer alteration or relocation may be allowed only
when a mitigation plan clearly demonstrates that the changes would be an improvement
of wetland and buffer quantitative and qualitative functions. The plan shall show how
water quality, habitat, and hydrology would be improved.
2. The scope and content of a mitigation plan shall be decided on a case -by -
case basis taking into account the degree of impact and the extent of the mitigation
measures needed. As the impacts to the critical area increase, the mitigation measures
to offset these impacts will increase in number and complexity.
3. For wetlands, the format of the mitigation plan should follow that established
in Wetland Mitigation in Washington State, Part 2 — Developing Mitigation Plans
(Washington Department of Ecology, Corps of Engineers, EPA, March 2006 or as
amended).
4. The components of a complete mitigation plan are as follows:
a. Baseline information of quantitative data collection or a review and
synthesis of existing data for both the project impact zone and the proposed mitigation
site.
b. Environmental goals and objectives that describe the purposes of the
mitigation measures. This should include a description of site selection criteria,
identification of target evaluation species and resource functions.
c. Performance standards of the specific criteria for fulfilling environmental
goals and for beginning remedial action or contingency measures. They may include
water quality standards, species richness and diversity targets, habitat diversity indices,
or other ecological, geological or hydrological criteria.
d. A detailed construction plan of the written specifications and
descriptions of mitigation techniques. This plan should include the proposed construction
sequence, construction management and tree protection and be accompanied by detailed
site diagrams and blueprints that are an integral requirement of any development
proposal.
e. A monitoring and/or evaluation program that outlines the performance
standards and methods for assessing whether those performance standards are
achieved during the specified monitoring period, at least 5 years. At a minimum, the
monitoring plan should address vegetative cover, survival, and species diversity. Any
project that alters the dimensions of a wetland or creates a new wetland shall also monitor
wetland hydrology. An outline shall be included that spells out how the monitoring data
will be evaluated by agencies that are tracking the mitigation project's progress.
f. Contingency plan identifying potential courses of action and any
corrective measures to be taken when monitoring or evaluation indicates project
performance standards have not been met.
g. Performance security or other assurance devices as described in TMC
Section 18.45.210.
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Section 29. TMC Section 18.45.100 is hereby reenacted to read as follows:
18.45.100 Watercourse Designations, Ratings and Buffers
A. WATERCOURSE RATINGS. Watercourse ratings are consistent with the
Washington Department of Natural Resources water typing categories (WAC 222-16-
030) or as amended, which are based on the existing habitat functions and classified as
follows:
1. Type S Watercourse: Watercourses inventoried as Shorelines of the State,
under RCW 90.58. These watercourses shall be regulated under TMC Chapter 18.44,
Shoreline Overlay.
2. Type F Watercourse: Those watercourses that are known to be used by
fish or meet the physical criteria to be potentially used by fish (as established in WAC
222-16-031(3) or as amended) and that have perennial (year-round) or seasonal flows.
3. Type Np Watercourse: Those watercourses that have perennial flows and
do not meet the criteria of a Type F stream or have been proven not to contain fish using
methods described in the Forest Practices Board Manual Section 13.
4. Type Ns Watercourse: Those watercourses that have intermittent flows
(do not have surface flow during at least some portion of the year); do not meet the
physical criteria of a Type F watercourse; or have been proven to not support fish using
methods described in the Forest Practices Board Manual Section 13.
B. WATERCOURSE BUFFERS. Any land alteration must be located out of the
buffer areas as required by this section. Watercourse buffers are intended in general to:
1. Minimize long-term impacts of development on properties containing
watercourses;
2. Protect the watercourse from adverse impacts during development;
3. Preserve the edge of the watercourse and its buffer for its critical habitat
value;
4. Provide shading to maintain stable water temperatures and vegetative cover
for additional wildlife habitat;
5. Provide input of organic debris and uptake of nutrients;
6. Provide an area to stabilize banks, to absorb overflow during high water
events and to allow for slight variation of aquatic system boundaries over time due to
hydrologic or climatic effects;
7. Reduce erosion and increased surface water runoff;
8. Reduce loss of, or damage to, property;
9. Intercept fine sediments from surface water runoff and serve to minimize
water quality impacts; and
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10. Protect the critical area from human and domestic animal disturbance.
An undisturbed and high quality critical area or buffer may substitute for the yard
setback and landscape requirements of TMC Chapter 18.50 and 18.52.
C. WATERCOURSE BUFFER WIDTHS. The following buffer widths, measured
from the Ordinary High Water Mark (OHWM), apply to each side of a watercourse. If the
OHWM cannot be determined, then the buffer will be measured from the top of bank:
Overlay.
Type S Watercourse: Regulated under TMC Chapter 18.44, Shoreline
2. Type F Watercourse: 100-foot-wide buffer.
3. Type Np Watercourse: Standard 80-foot-wide buffer; alternate buffer in the
50-65 range allowed with buffer enhancement.
4. Type Ns Watercourse: 50-foot-wide buffer.
D. BUFFER SETBACKS.
1. All commercial and industrial buildings shall be set back 15 feet and all other
development shall be set back 10 feet. Building setbacks shall be measured from the
foundation to the buffer's edge. Building plans shall also identify a 20-foot area beyond
the buffer setback within which the impacts of development will be reviewed.
2. The Director may waive setback requirements when a site plan
demonstrates there will be no impacts to the buffer from construction or occasional
maintenance activities.
E. VARIATION OF STANDARD WATERCOURSE BUFFER WIDTH.
1. Buffer averaging may be allowed by the Director as a Type 2 decision if the
total area of the buffer after averaging is equal to the area required without averaging and
the buffer at its narrowest point is never less than either 3/4 of the required width; and the
following criteria is met:
a. The watercourse has significant differences in characteristics that affect
its habitat functions, and the buffer is increased adjacent to the higher -functioning area of
habitat or more -sensitive portion of the watercourse and decreased adjacent to the lower -
functioning or less -sensitive portion as demonstrated by a critical areas report from a
qualified professional.
b. There are no feasible alternatives to the site design that could be
accomplished without buffer averaging, and the averaged buffer will not result in
degradation of the watercourse's functions and values as demonstrated by a critical areas
report.
c. Compliance with mitigation sequencing requirements (TMC Section
18.45.075).
d. Compliance with TMC Chapter 18.45.158, "Vegetation Protection and
Management."
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e. Submittal of buffer enhancement plan, mitigation monitoring and
maintenance plan, along with financial guarantee in accordance with this chapter.
Buffer averaging shall not adversely affect water quality.
g. No adverse affect to water temperature or shade potential will occur to
the watercourse using methodology per 2011 Washington State Department of Ecology's
Green River Temperature Total Maximum Daily Load (TMDL) assessment or as
amended.
2. Interrupted Buffer. Waiver for interrupted buffer may be allowed by the
Director as a Type 2 permit if it complies with the following:
a. The buffer is interrupted by a paved public or private road; legally
constructed buildings or parking lots. This waiver does not apply to accessory structures
such as sheds and garages;
b. The existing legal improvement creates a substantial barrier to the buffer
function;
c. The interrupted buffer does not provide additional protection of the
critical area from the proposed development; and
d. The interrupted buffer does not provide significant hydrological, water
quality and wildlife functions. This waiver does not apply if large trees or other significant
native vegetation exists.
e. Enhancement of remaining buffer is required if feasible.
3. Buffers for all types of watercourses will be increased when they are
determined to be particularly sensitive to disturbance or the proposed development will
create unusually adverse impacts. Any increase in the width of the buffer shall be required
only after completion of a watercourse study by a qualified professional or expert that
documents the basis for such increased width. An increase in buffer width may be
appropriate when:
a. The development proposal has the demonstrated potential for significant
adverse impacts upon the watercourse that can be mitigated by an increased buffer width,
or
b. The area serves as habitat for endangered, threatened, sensitive or
monitor species listed by the federal government or the State.
Section 30. TMC Section 18.45.110 is hereby reenacted to read as follows:
18.45.110 Watercourse Alterations and Mitigation
A. WATERCOURSE ALTERATIONS. No use or development may occur in a
watercourse or its buffer except as specifically allowed by this chapter. Any use or
development allowed is subject to the standards of this chapter.
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B. ALTERATIONS. Daylighting and meandering of watercourses is encouraged.
Culvert replacement is required where applicable, and upgrades are required to meet
State standards. Piping, dredging, diverting or rerouting is discouraged. Culverts are
piped segments of streams that flow under a road, trail or driveway. Daylighting of a
stream refers to taking a stream out of a pipe that is flowing underground, but not
necessarily under a road. All watercourse alterations shall be carried out as specified by
the State Department of Fish and Wildlife in accordance with an approved Hydraulic
Project Approval (HPA).
1. The City encourages daylighting of a watercourse that is located in a pipe or
meandering of a previously altered watercourse to restore the stream to a more natural
and open condition. As an incentive for daylighting, the Director may approve reduced
buffers or setbacks. Daylighting or meandering of a watercourse is only permitted if the
following criteria are met:
a. The values and functions of the watercourse are improved, including
reducing stream flow during storm and flood events, and providing fish and wildlife habitat.
b. No adverse impact to fish are expected to occur.
c. Water quality is equal or better than existing condition.
d. Hydraulic capacity is maintained within the new channel.
e. The watercourse design complies with the Washington Department of
Fish and Wildlife Water Crossing Design Guidelines Manual 2013 as it now reads and
hereafter updated or amended.
2. On properties with culverts that are being developed or re -developed, or
when stream crossings in public or private rights -of -way are being replaced, existing
culverts that carry fish -bearing watercourses or those that could bear fish (based on the
criteria in WAC 222-16-031, Washington Forest Practices Rules and Regulations) shall
be upgraded to meet the standards in the Washington Department of Fish and Wildlife
Water Crossing Design Guidelines Manual 2013, or as amended, if technically feasible.
Any culvert replacement shall comply with the following criteria:
a. The values and functions of the watercourse are improved including
reducing stream flow during storm and flood events, and providing fish and wildlife habitat.
b. No adverse impact to fish are expected to occur.
c. Water quality is equal or better than existing condition.
d. Hydraulic capacity is maintained within the new channel.
e. The watercourse design complies with the Washington Department of
Fish and Wildlife Water Crossing Design Guidelines manual 2013 as it now reads and
hereafter updated or amended.
3. Piping, dredging, diverting or rerouting of any watercourse shall be avoided,
if possible. Relocation of a watercourse or installation of a bridge is preferred to piping. If
piping occurs in a watercourse, it shall be limited to the degree necessary for stream
crossings for access. Additionally, these alterations may only occur with the permission
of the Director as a Type 2 decision and subject to mitigation sequencing and an approved
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mitigation plan, and shall meet the following criteria:
a. The watercourse alteration shall comply with the standards in current
use and the standards of the Washington Department of Fish and Wildlife Water Crossing
Design Guidelines Manual 2013 or as amended.
b. The watercourse alteration shall not cause adverse impacts to fish,
confine the channel or floodplain, or adversely affect riparian habitat (including
downstream habitat).
c. Maintenance dredging of watercourses shall be allowed only when
necessary to protect public safety, structures and fish passage and shall be done as
infrequently as possible. Long-term solutions such as stormwater retrofits are preferred
over ongoing maintenance dredging.
d. Stormwater runoff shall be detained and infiltrated to preserve the
existing hydrology of the watercourse.
e. All construction shall be designed to have the least adverse impact on
the watercourse, buffer and surrounding environment. Construction shall minimize
sedimentation through implementation of best management practices for erosion control.
f. As a condition of approval, the Director may require water quality
monitoring for stormwater discharges to streams, and additional treatment of stormwater
if water quality standards are not being met.
g. Where allowed, piping shall be limited to the shortest length possible as
determined by the Director to allow access onto a property.
h. Where water is piped for an access point, those driveways or entrances
shall be consolidated to serve multiple properties where possible, and to minimize the
length of piping.
i. Piping shall not create an entry point for road runoff, create downstream
scour, or cause erosion or sedimentation.
j. Water quality must be as good or better for any water exiting the pipe as
for the water entering the pipe, and flow must be comparable.
C. MITIGATION STANDARDS.
1. The following shall be considered the minimum standards for approved
mitigation projects:
a. Maintenance or improvement of stream channel habitat and dimensions
such that the fisheries habitat functions of the compensatory stream meet or exceed that
of the original stream;
b. Bank and buffer configuration restored to an enhanced state;
c. Channel, bank and buffer areas replanted with native vegetation that
improves upon the original condition in species diversity and density;
d. Stream channel bed and biofiltration systems equivalent to or better than
in the original stream;
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e. Original fish and wildlife habitat enhanced unless technically not
feasible; and
f. If onsite mitigation is not possible and to ensure there is no net loss of
watercourse functions including, but not limited to, shading, the applicants may pay into
an in -lieu fund, if available, to ensure that projects are fully mitigated.
2. Relocation of a watercourse shall not result in the new critical area or buffer
extending beyond the development site and onto adjacent property without the written
agreement of the affected property owners.
D. MITIGATION TIMING. Department of Community Development -approved plans
are Type 2 decisions and must have the mitigation construction completed before the
existing watercourse can be modified. The Director may allow activities that permanently
disturb a watercourse prior to implementation of the mitigation plan under the following
circumstances:
1. To allow planting or re -vegetation to occur during optimal weather
conditions; or
2. To avoid disturbance during critical wildlife periods; or
3. To account for unique site constraints that dictate construction timing or
phasing.
E. MITIGATION PLAN CONTENT. All impacts to a watercourse that degrade the
functions of the watercourse or its buffer shall be avoided. If alteration to the watercourse
or buffer is unavoidable, all adverse impacts resulting from a development proposal or
alteration shall be mitigated in accordance with an approved mitigation plan as described
below.
1. Mitigation plans shall be completed for any proposals of dredging, filling,
diverting, piping and rerouting of watercourses or buffer impacts and shall be developed
as part of a critical area study by a qualified professional. The plan must show how water
quality, treatment, erosion control, pollution reduction, wildlife and fish habitat, and
general watercourse quality would be improved.
2. The scope and content of a mitigation plan shall be decided on a case -by -
case basis taking into account the degree of impact and extent of mitigation measures
needed. As the impacts to the watercourse or its buffer increase, the mitigation plan to
offset these impacts will increase in extent and complexity.
3. The components of a complete mitigation plan are as follows:
a. Baseline information including existing watercourse conditions such as
hydrologic patterns/flow rates, stream gradient, bank full width, stream bed conditions,
bank conditions, fish and other wildlife use, in -stream structures, riparian conditions,
buffer characteristics, water quality, fish barriers and other relevant information.
b. Environmental goals and objectives that describe the purposes of the
mitigation measures. This should include a description of site selection criteria,
identification of target evaluation species and functions.
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c. Performance standards for fulfilling environmental goals and objectives
and for triggering remedial action or contingency measures. Performance standards may
include water quality standards, species richness and diversity targets, habitat diversity
indices, creation of fish habitat, or other ecological, geological or hydrological criteria.
d. Detailed construction plan of the written specifications and descriptions
of mitigation techniques. This plan should include the proposed construction sequence
and construction management, and be accompanied by detailed site diagrams and
blueprints that are an integral requirement of any development proposal.
e. Monitoring and/or evaluation program that outlines the approach for
assessing a completed project. At least five years of monitoring is required. An outline
shall be included that spells out how the monitoring data will be evaluated by agencies
that are tracking the mitigation project's process. For projects that discharge stormwater
to a stream, the Director may require water quality monitoring.
f. Contingency plan identifying potential courses of action and any
corrective measures to be taken when monitoring or evaluation indicates project
performance standards have not been met.
g. Performance security or other assurance devices as described in TMC
Section 18.45.210.
Section 31. TMC Section 18.45.120 is hereby reenacted to read as follows:
18.45.120 Areas of Potential Geologic Instability Designations, Ratings and Buffers
A. DESIGNATION. Potential areas of geologic instability include areas of potential
erosion and landslide hazards. Areas of potential geologic instability are classified as
follows:
Class 1 areas, which have a slope of less than 15%;
2. Class 2 areas, which have a slope between 15% and 40%, and which are
underlain by relatively permeable soils;
3. Class 3 areas, which include areas sloping between 15% and 40%, and
which are underlain by relatively impermeable soils or by bedrock, and which also include
all areas sloping more steeply than 40%;
4. Class 4 areas, which include sloping areas with mappable zones of
groundwater seepage, and which also include existing mappable landslide deposits
regardless of slope.
B. MAPPING.
1. The approximate location, extent, and designation of areas of potential
geologic instability are depicted in the City's Critical Areas Map. Actual boundaries and
designations shall be determined by a qualified professional on a site -specific basis.
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2. In addition to the City's Critical Areas Map, the following publicly available
mapping information may be used to determine appropriate designations:
a. For historic landslides, areas designated as quaternary slumps,
earthflows, mudflows, or landslides on maps published by the U.S. Geological Survey or
the WDNR Division of Geology and Earth Resources;
b. For potential or historic landslides, those areas mapped by the WDNR
(slope stability mapping) as unstable (U or Class 3), unstable old slides (UOS or Class
4), or unstable recent slides (URS or Class 5);
c. For soil characteristics, the U.S. Department of Agriculture's Natural
Resources Conservation Service (NRCS) Official Soil Survey Data; and
d. For general instability, those areas mapped by the NRCS as having a
significant limitation for building site development.
C. BUFFERS. The buffers for areas of potential geologic instability are intended to:
areas;
Minimize long-term impacts of development on properties containing critical
2. Protect critical areas from adverse impacts during development;
3. Prevent loading of potentially unstable slope formations;
4. Protect slope stability;
5. Provide erosion control and attenuation of precipitation surface water and
stormwater runoff; and
6. Reduce loss of or damage to property.
D. Each development proposal containing or threatened by an area of potential
geologic instability Class 2 or higher shall be subject to a geotechnical report pursuant to
the requirements of TMC Chapter 18.45.040.C. The geotechnical report shall analyze and
make recommendations on the need for and width of any setbacks or buffers necessary
to achieve the goals and requirements of this chapter. Development proposals shall then
include the buffer distances as defined .within the geotechnical report.
Section 32. TMC Section 18.45.130 is hereby reenacted to read as follows:
18.45.130 Areas of Potential Geologic Instability Uses, Exemptions, Alterations
and Mitigation
A. GENERAL. The uses permitted in the underlying zoning district may be
undertaken on sites that contain areas of potential geologic instability subject to the
standards of this section and the recommendations of a geotechnical study.
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B. EXEMPTIONS. The following areas are exempt from regulation as geologically
hazardous areas:
1. Temporary stockpiles of topsoil, gravel, beauty bark or other similar
landscaping or construction materials;
pad;
2. Slopes related to materials used as an engineered pre -load for a building
3. Roadway embankments within right-of-way or road easements; and
4. Slopes retained by approved engineered structures.
C. ALTERATIONS.
1. Prior to permitting alteration of an area of potential geologic instability, the
applicant must demonstrate one of the following:
a. There is no evidence of past instability or earth movement in the vicinity
of the proposed development, and, where appropriate, quantitative analysis of slope
stability indicates no significant risk to the proposed development or surrounding
properties; or
b. The area of potential geologic instability can be modified or the project
can be designed so that any potential impact to the project and surrounding properties is
eliminated, slope stability is not decreased, and the increase in surface water discharge
or sedimentation shall not decrease slope stability.
2. Where any portion of an area of potential geologic instability is cleared for
development, a landscaping plan for the site shall include replanting of preferably native
trees (an equal mix of evergreen and deciduous), shrubs and groundcover. The
landscaping plan must be approved by the Director. Replacement vegetation shall be
sufficient to provide erosion and stabilization protection.
3. Critical facilities shall not be sited within or below an area of potential
geologic instability unless there is no practical alternative (demonstrated by the applicant).
4. Land disturbing activities in an area of potential geologic instability shall
provide for storm water quality and quantity control, including preparation of a TESC and
permanent drainage plan prepared by a professional engineer licensed in Washington.
5. Unless otherwise provided or as part of an approved alteration, removal of
vegetation from an area of potential geologic instability or its buffer shall be prohibited.
When permitted as part of an approved alteration, vegetation removal shall be minimized
to the extent practicable.
6. Surface drainage, including downspouts, shall not be directed across the
face of an area of potential geologic instability; if drainage must be discharged from the
top of a hazard to its toe, it shall be collected above the top and directed to the toe by
tight line drain, and provided with an energy dissipative device at the toe for discharge to
a swale or other acceptable natural drainage areas.
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7. Structures and improvements shall minimize alterations to the natural
contour of the slope, and foundations shall be tiered where possible to conform to existing
topography (minimize grading/cut and fill to amount necessary).
8. The proposed development shall not result in greater risk or a need for
increased buffers on neighboring properties.
D. DISCLOSURES, DECLARATIONS AND COVENANTS.
1. It shall be the responsibility of the applicant to submit, consistent with the
findings of the geotechnical report, structural plans that were prepared and stamped by a
structural engineer. The plans and specifications shall be accompanied by a letter from
the geotechnical engineer who prepared the geotechnical report stating that in his/her
judgment the plans and specifications conform to the recommendations in the
geotechnical report, the risk of damage to the proposed development site from soil
instability will be minimal subject to the conditions set forth in the report, and the proposed
development will not increase the potential for soil movement.
2. Further recommendations signed and sealed by the geotechnical engineer
shall be provided should there be additions or exceptions to the original recommendations
based on the plans, site conditions or other supporting data. If the geotechnical engineer
who reviews the plans and specifications is not the same engineer who prepared the
geotechnical report, the new engineer shall, in a letter to the City accompanying the plans
and specifications, express his or her agreement or disagreement with the
recommendations in the geotechnical report and state that the plans and specifications
conform to his or her recommendations.
3. The architect or structural engineer shall submit to the City, with the plans
and specifications, a letter or notation on the design drawings at the time of permit
application stating that he or she has reviewed the geotechnical report, understands its
recommendations, has explained or has had explained to the owner the risks of loss due
to slides on the site, and has incorporated into the design the recommendations of the
report and established measures to reduce the potential risk of injury or damage that
might be caused by any earth movement predicted in the report.
4. The owner shall execute a Critical Areas Covenant and Hold Harmless
Agreement running with the land on a form provided by the City. The City will file the
completed covenant with the King County Department of Records and Licensing Services
at the expense of the applicant or owner. A copy of the recorded covenant will be
forwarded to the owner.
E. ASSURANCE DEVICES. Whenever the City determines that the public interest
would not be served by the issuance of a permit in an area of potential geologic instability
without assurance of a means of providing for restoration of areas disturbed by, and repair
of property damage caused by, slides arising out of or occurring during construction, the
Director may require assurance devices pursuant to TMC Section 18.45.210.
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F. CONSTRUCTION MONITORING.
1. Where recommended by the geotechnical report, the applicant shall retain a
geotechnical engineer to monitor the site during construction. The applicant shall
preferably retain the geotechnical engineer who prepared the final geotechnical
recommendations and reviewed the plans and specifications. If a different geotechnical
engineer is retained by the owner, the new geotechnical engineer shall submit a letter to
the City stating whether or not he/she agrees with the opinions and recommendations of
the original geotechnical engineer. Further recommendations, signed and sealed by the
geotechnical engineer, and supporting data shall be provided should there be exceptions
to the original recommendations.
2. The geotechnical engineer shall monitor, during construction, compliance
with the recommendations in the geotechnical report, particularly site excavation, shoring,
soil support for foundations including piles, subdrainage installations, soil compaction and
any other geotechnical aspects of the construction. Unless otherwise approved by the
City, the specific recommendations contained in the soils report must be implemented by
the owner. The geotechnical engineer shall make written, dated monitoring reports on the
progress of the construction to the City at such timely intervals as shall be specified.
Omissions or deviations from the approved plans and specifications shall be
immediately reported to the City. The final construction monitoring report shall contain a
statement from the geotechnical engineer that based upon his or her professional opinion,
site observations and testing during the monitoring of the construction, the completed
development substantially complies with the recommendations in the geotechnical report
and with all geotechnical-related permit requirements. Occupancy of the project will not
be approved until the report has been reviewed and accepted by the Director.
G. CONDITIONING AND DENIAL OF USE OR DEVELOPMENTS.
1. Substantial weight shall be given to ensuring continued slope stability and
the resulting public health, safety and welfare in determining whether a development
should be allowed.
2. The City may impose conditions that address site -work problems which
could include, but are not limited to, limiting all excavation and drainage installation to the
dryer season, or sequencing activities such as installing erosion control and drainage
systems well in advance of construction. A permit will be denied if it is determined by the
Director that the development will increase the potential of soil movement that results in
an unacceptable risk of damage to the proposed development, its site or adjacent
properties.
Section 33. TMC Section 18.45.140 is hereby reenacted to read as follows:
18.45.140 Coal Mine Hazard Areas
A. Development of a site containing an abandoned mine area may be permitted
when a geotechnical report shows that significant risks associated with the abandoned
mine workings can be eliminated or mitigated so that the site is safe. Approval shall be
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obtained from the Director before any building or land -altering permit processes begin.
B. Any building setback or land alteration shall be based on the geotechnical report.
C. The City may impose conditions that address site -work problems which could
include, but are not limited to, limiting all excavation and drainage installation to the dryer
season, or sequencing activities such as installing drainage systems or erosion controls
well in advance of construction. A permit will be denied if it is determined that the
development will increase the potential of soil movement or result in an unacceptable risk
of damage to the proposed development or adjacent properties.
D. The owner shall execute a Critical Areas Covenant and Hold Harmless
Agreement running with the land on a form provided by the City. The City will file the
completed covenant with the King County Division of Records and Licensing Services at
the expense of the applicant or owner. A copy of the recorded covenant will be forwarded
to the owner.
Section 34. TMC Section 18.45.150 is hereby reenacted to read as follows:
18.45.150 Fish and Wildlife Habitat Conservation Areas Designation, Mapping,
Uses and Standards
A. DESIGNATION.
Fish and wildlife habitat conservation areas include the habitats listed below:
a. Areas with which endangered, threatened, and sensitive species have a
primary association;
b. Habitats and species of local importance, including but not limited to bald
eagle habitat, heron rookeries, mudflats and marshes, and areas critical for habitat
connectivity;
c. Naturally occurring ponds under 20 acres and their submerged aquatic
beds that provide fish or wildlife habitat;
d. Waters of the State,
e. State natural area preserves and natural resource conservation areas;
and
f. Lakes, ponds, streams, and rivers planted with game fish by a
governmental or tribal entity.
2. Type S watercourses, including the Green/Duwamish River, are regulated
under TMC Chapter 18.44 and not under this chapter.
3. Wetlands and watercourses are addressed under TMC Sections 18.45.080,
18.45.090, 18.45.100 and 18.45.110, and not under this section.
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B. MAPPING.
1. The approximate location and extent of known fish and wildlife habitat
conservation areas are identified by the City's Critical Areas Maps, inventories, open
space zones, and Natural Environment Background Report.
2. In addition to the Critical Areas Maps, the following maps are to be used as
a guide for the City, but do not provide a final habitat area designation:
a. Washington State Department of Fish and Wildlife Priority Habitat and
Species Maps;
b. Anadromous and resident salmonid distribution maps contained in the
Habitat Limiting Factors report for the Green/Duwamish and Central Puget Sound
Watersheds published by King County and the Washington Conservation Commission;
and
c. NOAA Digital Coast for Washington State.
C. BUFFERS.
1. Each development proposal on, adjacent to, or with the potential to impact a
Fish and Wildlife Habitat Conservation Area other than wetlands and watercourses shall
be subject to a habitat assessment report pursuant to the requirements of TMC Sections
18.45.040.B. The habitat assessment shall analyze and make recommendations on the
need for and width of any setbacks or buffers necessary to achieve the goals and
requirements of this chapter, with specific consideration of Priority Habitats and Species
Management Recommendations from the Washington Department of Fish and Wildlife.
Recommended buffers shall be no less than 100 feet in width.
2. Buffers may be increased by the Director when an area is determined to be
particularly sensitive to the disturbance created by a development. Such a decision will
be based on a City review of the report as prepared by a qualified biologist and by a site
visit.
D. USES AND STANDARDS. Each development proposal on, adjacent, or
with the potential to impact a Fish and Wildlife Habitat Conservation Area that is not fully
addressed under TMC Sections 18.45.080, 18.45.090, 18.45.100 and 18.45.110 shall be
subject to a habitat assessment report pursuant to the requirements of TMC Sections
18.45.040.B. The habitat assessment shall analyze potential impacts to Fish and Wildlife
Habitat Conservation Areas and make recommendations to minimize such impacts, with
specific consideration of Priority Habitats and Species Management Recommendations
from the Washington Department of Fish and Wildlife.
Section 35. Regulations Established. TMC Section 18.45.155, "Special Hazard
Flood Areas," is hereby established to read as follows:
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18.45.155 Special Hazard Flood Areas
A. Regulations governing Special Hazard Flood Areas are found in TMC Chapter
16.52, "Flood Plain Management," and TMC Section 18.45.155.13.
B. Floodplain Habitat Assessment.
1. When development is proposed within a Special Hazard Flood area, a
floodplain habitat assessment shall be prepared pursuant to the requirements of TMC
Sections 18.45.040.13.
2. The floodplain habitat assessment shall address the effects of the
development on federally listed salmon, including, but not limited to the following:
a. Impervious surfaces,
b. Floodplain storage and conveyance,
c. Floodplain and riparian vegetation, and
d. Stormwater drainage.
3. If the floodplain habitat assessment concludes that the project is expected
to have an adverse effect on listed species as evaluated under the guidance issued for
ESA compliance under the National Flood Insurance Program in Puget Sound, the
applicant shall mitigate those impacts. Such mitigation shall be consistent with, or in
addition to, any mitigation required by this chapter and shall be incorporated into the
approved project plans.
4. Activities Exempt from Floodplain Habitat Assessment. A floodplain
habitat assessment is not required under the following circumstances:
a. Projects that are undergoing or have undergone consultation with the
National Marine Fisheries Service under the Endangered Species Act.
b. Repair or remodeling of an existing structure, if the repair or remodeling
is not a substantial improvement.
c. Expansion of an existing structure that is no greater than 10 percent
beyond its existing footprint; provided that the repairs or remodeling are not a substantial
improvement, or a repair of substantial damage. This measurement is counted
cumulatively from September 22, 2011. If the structure is in the floodway, there shall be
no change in the dimensions perpendicular to flow.
d. Activities with the sole purpose of creating, restoring, or enhancing
natural functions provided the activities do not include construction of structures, grading,
fill, or impervious surfaces.
e. Development of open space and recreational facilities, such as parks
and trails, that do not include structures, fill, impervious surfaces or removal of more than
5 percent of the native vegetation on that portion of the property in the regulatory
floodplain.
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f. Repair to on -site septic systems provided the ground disturbance is the
minimum necessary.
g. Other minor activities considered to have no effect on listed species, as
interpreted using ESA guidance issued by the National Flood Insurance Program in Puget
Sound and confirmed through City review of the development proposal.
Section 36. Regulations Established. TMC Section 18.45.158, "Vegetation
Protection and Management," is hereby established to read as follows:
18.45.158 Vegetation Protection and Management
A. Purpose. The purpose of this section is to:
1. Regulate the protection of existing trees and native vegetation in the critical
areas and their buffers;
2. Establish requirements for removal of invasive plants at the time of
development or re -development of sites;
3. Establish requirements for the long-term maintenance of native vegetation
to prevent establishment of invasive species and promote ecosystem processes.
B. Applicability. This chapter sets forth rules and regulations to control
maintenance and clearing of trees within the City of Tukwila for properties located within
a critical area or its associated buffer. For properties located within the Shoreline
jurisdiction, the maintenance and removal of vegetation shall be governed by TMC
Chapter 18.44, "Shoreline Overlay." TMC Chapter 18.54, "Urban Forestry and Tree
Regulations, shall govern tree removal on any undeveloped land and any land zoned
Low Density Residential (LDR) that is developed with a single-family residence. TMC
Chapter 18.52, Landscape Requirements, shall govern the maintenance and removal
of landscaping on developed properties zoned commercial, industrial, or multifamily, and
on properties located in the LDR zone that are developed with a non -single family
residential use. The most stringent regulations shall apply in case of a conflict.
C. Vegetation Retention and Replacement.
1. Retention.
a. Native vegetation in critical areas and their buffers must be protected
and maintained. No removal of native vegetation is allowed without prior approval by the
City except in cases of emergency where an imminent hazard to public life, safety or
property exists. Vegetation may be removed from the buffer as part of an enhancement
plan approved by the Director. Enhancements will ensure that slope stability and wetland
quality will be maintained or improved. Any temporary disturbance of the buffers shall be
replanted with a diverse plant community of native northwest species.
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b. Invasive vegetation (blackberry, ivy, laurel, etc.) may be removed from
a critical area or its buffer except steep slopes without a permit if removal does not utilize
heavy equipment. The use of herbicide by a licensed contractor with certifications as
needed from the Washington Department of Ecology and the Washington Department of
Agriculture is permitted but requires notification prior to application to the City and shall
comply with TMC Section 18.45.158.E.3. Invasive vegetation removal on steep slopes
requires prior City approval.
c. Hazardous or defective trees, as defined in TMC Chapter 18.06, may be
removed from a critical area if threat posed by the tree is imminent. If the hazard is not
obvious, an assessment by a certified professional, as defined in Chapter TMC 18.06,
may be required by the Director. Dead and hazardous trees should remain standing or
be cut and placed within the critical area to the extent practicable to maximize habitat.
Tree replacement in accordance with this chapter is required for any hazardous tree
removed from a critical area.
d. In the case of development or re -development, as many significant trees
and as much native vegetation as possible are to be retained on a site, taking into
account the condition and age of the trees. As part of a land use application including,
but not limited to, subdivision or short plat, design review or building permit review, the
Director of Community Development or the Board of Architectural Review may require
alterations in the arrangement of buildings, parking or other elements of proposed
development in order to retain significant vegetation.
2. Permit Requirements. Prior to any tree removal or site clearing, unless it
is part of Special Permission approval for interrupted buffer, buffer averaging or other
critical areas deviation, a Type 2 Critical Area Tree Removal and Vegetation Clearing
Permit application must be submitted to the Department of Community Development
(DCD) containing the following information:
a. A vegetation survey on a site plan that shows the diameter, species and
location of all significant trees and all existing native vegetation.
b. A site plan that shows trees and native vegetation to be retained and
trees to be removed and provides a table showing the number of significant trees to be
removed and the number of replacement trees required.
c. Tree protection zones and other measures to protect any trees or native
vegetation that are to be retained for sites undergoing development or re -development.
d. Location of the OHWM, stream buffer, wetland, wetland buffer, steep
slope or any other critical areas with their buffers.
e. A landscape plan that shows diameter, species name, spacing and
planting location for any required replacement trees and other proposed vegetation.
f. An arborist evaluation justifying the removal of hazardous trees if
required by DCD.
g. An application fee in accordance with the Consolidated Permit Fee
Schedule adopted by resolution of the City Council.
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3. Criteria for Tree Removal in a Critical Area or its Buffer. A Type 2 Critical
Area Tree Removal and Vegetation Clearing Permit shall only be approved if the proposal
complies with the following criteria as applicable:
a. The site is undergoing development or redevelopment.
b. Tree poses a risk to structures.
c. There is imminent potential for root or canopy interference with utilities.
d. Tree interferes with the access and passage on public trails.
e. Tree condition and health is poor; the City may require an evaluation by
an International Society of Arborists (ISA) certified arborist.
f. Trees present an imminent hazard to the public. If the hazard is not
readily apparent, the City may require an evaluation by an International Society of
Arborists (ISA) certified arborist.
g. The proposal complies with tree retention, replacement, maintenance
and monitoring requirements of this chapter.
4. Tree Replacement Requirements. Where permitted, significant trees that
are removed, illegally topped, or pruned by more than 25% within a critical area shall be
replaced pursuant to the Tree Replacement Requirements Table (below), up to a density
of 100 trees per acre (including existing trees). Significant trees that are part of an
approved landscape plan on the developed portion of the site are subject to replacement
per TMC Chapter 18.52. Dead or dying trees removed that are part of an approved
landscape plan on the developed portion of the site shall be replaced at a 1:1 ratio in the
next appropriate planting season. Dead or dying trees located within the critical area or
its buffer shall be left in place as wildlife snags, unless they present a hazard to structures,
facilities or the public. Removal of dead, dying or otherwise hazardous trees in non -
developed areas are subject to the replacement requirements listed in the "Tree
Replacement Requirements" Table below. The Director may require additional trees or
shrubs to be installed to mitigate any potential impact from the loss of this vegetation as
a result of new development.
Table 18.45.158-1 — Tree Replacement Requirements
Diameter* of Tree Removed
(*measured at height of 4.5 feet
from the ground)
Number of Replacement
Trees Required
4 - 6 inches (single trunk);
2 inches (any trunk of a multi -trunk tree)
3
Over 6 - 8 inches
4
Over 8 - 20 inches
6
Over 20 inches
8
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5. If all required replacement trees cannot be reasonably accommodated on
the site, the applicant shall pay into a tree replacement fund in accordance with the
Consolidated Permit Fee Schedule adopted by resolution of the City Council.
6. Topping of trees is prohibited and will be regulated as removal subject to the
Tree Replacement Requirements Table listed above.
7. Pruning of trees shall not exceed 25% of canopy in a 36-month period.
Pruning in excess of 25% canopy shall be regulated as removal with tree replacement
required per the Tree Replacement Requirements Table listed above. Trees may only
be pruned to lower their height to prevent interference with an overhead utility line with
prior approval by the Director as part of Type 2 Critical Area Tree Permit. The pruning
must be carried out under the direction of a Qualified Tree Professional or performed by
the utility provider under the direction of a Qualified Tree Professional. The crown shall
be maintained to at least 2/3 the height of the tree prior to pruning.
D. Tree Protection.
All trees not proposed for removal as part of a project or development shall be
protected using Best Management Practices and the standards below.
1. The Critical Root Zones (CRZ) for all trees designated for retention, on site
or on adjacent property as applicable, shall be identified on all construction plans,
including demolition, grading, civil and landscape site plans.
2. Any roots within the CRZ exposed during construction shall be covered
immediately and kept moist with appropriate materials. The City may require a third -party
Qualified Tree Professional to review long-term viability of the tree.
3. Physical barriers, such as 6-foot chain link fence or plywood
or other approved equivalent, shall be placed around each individual tree or grouping at
the CRZ.
4. Minimum distances from the trunk for the physical barriers shall be based on
the approximate age of the tree (height and canopy) as follows:
a. Young trees (trees which have reached less than 20% of life
expectancy): 0.75 per inch of trunk diameter.
b. Mature trees (trees which have reached 20-80% of life expectancy):
1 foot per inch of trunk diameter.
c. Over mature trees (trees which have reached greater than 80% of life
expectancy): 1.5 feet per inch of trunk diameter.
5. Alternative protection methods may be used that provide equal or greater
tree protection if approved by the Director.
6. A weatherproof sign shall be installed on the fence or barrier that reads:
"TREE PROTECTION ZONE — THIS FENCE SHALL NOT BE REMOVED
OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping
or burning of materials is allowed within the Critical Root Zone. The value of
this tree is $ [insert value of tree as determined by a Qualified Tree
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Professional here]. Damage to this tree due to construction activity that
results in the death or necessary removal of the tree is subject to the
Violations section of TMC Chapter 18.45."
7. All tree protection measures installed shall be inspected by the City and, if
deemed necessary a Qualified Tree Professional, prior to beginning construction or earth
moving.
8. Any branches or limbs that are outside of the CRZ and might be damaged
by machinery shall be pruned prior to construction by a Qualified Tree Professional.
9. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall
not be placed directly against the trunk. A 6-inch area around the trunk shall be free of
mulch. Additional measures, such as fertilization or supplemental water, shall be carried
out prior to the start of construction if deemed necessary by the Qualified Tree
Professional's report to prepare the trees for the stress of construction activities.
10. No storage of equipment or refuse, parking of vehicles, dumping of materials
or chemicals, or placement of permanent heavy structures or items shall occur within the
CRZ.
11. No grade changes or soil disturbance, including trenching, shall be allowed
within the CRZ. Grade changes within 10 feet of the CRZ shall be approved by the City
prior to implementation.
12. The applicant is responsible for ensuring that the CRZ of trees on adjacent
properties are not impacted by the proposed development.
13. A pre -construction inspection shall be conducted by the City to finalize tree
protection actions.
14. Post -construction inspection of protected trees shall be conducted by the
City and, if deemed necessary by the City, a Qualified Tree Professional. All corrective or
reparative pruning will be conducted by a Qualified Tree Professional.
E. Plant Materials Standards.
For any new development, redevelopment or restoration in a Critical Area, invasive
vegetation must be removed, and native vegetation planted and maintained in the Critical
Area and its buffer.
1. A planting plan prepared by a qualified biologist shall be submitted to the
City for approval that shows plant species, size, number, spacing, soil preparation
irrigation, and invasive species removal. The requirement for a biologist may be waived
by the Director for single family property owners when the mitigation area is less than
1,500 square feet.
2. Invasive vegetation must be removed as part of site preparation and native
vegetation planted in the Critical Area and its buffer where impacts occur.
3. Removal of invasive species shall be done by hand or with hand-held power
tools. The use of herbicide by a licensed contractor with certifications as needed from the
Washington Department of Ecology and the Washington Department of Agriculture is
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permitted but requires notification prior to application to the City and shall comply with this
TMC Section 18.45.158.E.3. Where removal is not feasible by hand or with hand-held
power tools and mechanized equipment is needed, the applicant must obtain a Type 2
permit prior to work being conducted. Removal of invasive vegetation must be conducted
so that the slope stability, if applicable, will be maintained and native vegetation is
protected. A plan must be submitted indicating how the work will be done and what
erosion control and tree protection features will be utilized. Federal and State permits may
be required for vegetation removal with mechanized equipment.
4. Removal of invasive vegetation may be phased over several years prior to
planting, if such phasing is provided for by a plan approved by the Director to allow for
alternative approaches, such as sheet mulching and goat grazing. The method selected
shall not destabilize the bank or cause erosion.
5. A combination of native trees, shrubs and groundcovers (including but not
limited to grasses, sedges, rushes and vines) shall be planted. Site conditions, such as
topography, exposure, and hydrology shall be taken into account for plant selection. Other
species may be approved if there is adequate justification.
6. Non-native trees may be used as street trees in cases where conditions are
not appropriate for native trees (for example where there are space or height limitations
or conflicts with utilities).
7. Plants shall meet the current American Standard for Nursery Stock
(American Nursery and Landscape Association — ANLA).
8. Smaller plant sizes (generally one gallon, bareroot, plugs, or stakes,
depending on plant species) are preferred for buffer plantings. Willow stakes must be at
least 1/2-inch in diameter. For existing developed areas refer to TMC Chapter 18.52,
"Landscape Requirements," for plant sizes in required landscape areas.
9. Site preparation and planting of vegetation shall be in accordance with Best
Management Practices for ensuring the vegetation's long-term health and survival.
Irrigation is required for all plantings for the first three years as approved by the Director.
10. Plants may be selected and placed to allow for public and private view
corridors with approval by Director.
11. Native vegetation in critical areas and their buffers installed in accordance
with the preceding standards shall be maintained by the property owner to promote
healthy growth and prevent establishment of invasive species. Invasive plants (such as
blackberry, ivy, knotweed, bindweed) shall be removed on a regular basis, according to
the approved maintenance plan.
12. Critical areas, including steep slopes disturbed by removal of invasive plants
or development, shall be replanted with native vegetation where necessary to maintain
the density shown in the Critical Area Buffer Vegetation Planting Densities Table below,
and must be replanted in a timely manner except where a long-term removal and re -
vegetation plan, as approved by the City, is being implemented.
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Table 18.45.158-2 —
Critical Area Buffer Vegetation Planting Densities Table
Plant Material Type
Planting Density
Stakes/cuttings along streambank
1 - 2 feet on center or per
willows, red osier dogwood)
bioengineering method
Shrubs
3 - 5 feet on center, depending on
species
Trees
15 — 20 feet on center, depending
on species
Groundcovers, grasses, sedges,
1 — 1.5 feet on center, depending
rushes, other herbaceous plants
on species
Native seed mixes
5 — 25 lbs. per acre, depending on
species
13. The Department Director, in consultation with the City's environmentalist,
may approve the use of shrub planting and installation of willow stakes to be counted
toward the tree replacement standard in the buffer if proposed as a measure to control
invasive plants and increase buffer function.
F. Vegetation Management in Critical Areas. The requirements of this section
apply to all existing and new development within critical areas.
1. Trees and shrubs may only be pruned for safety, to maintain access
corridors and trails by pruning up or on the sides of trees, to maintain clearance for utility
lines, and/or for improving critical area ecological function. No more than 25% may be
pruned from a tree within a 36-month period without prior City review. This type of pruning
is exempt from any permit requirements.
2. Plant debris from removal of invasive plants or pruning shall be removed
from the site and disposed of properly unless on -site storage is approved by the Director.
Per King County Noxious Weed Control Program guidelines, regulated noxious weeds
shall be disposed of in the landfill/trash and non -regulated noxious weeks may be
disposed of in green waste or composted on site.
3. Use of pesticides.
a. Pesticides (including herbicides, insecticides, and fungicides) shall not
be used in the critical area or its buffer except where:
(1) Alternatives such as manual removal, biological control, and cultural
control are not feasible given the size of the infestation, site characteristics, or the
characteristics of the invasive plant species and herbicide is determined to be least
ecologically impactful,
(2) The use of pesticides has been approved by the City through a
comprehensive vegetation or pest management and monitoring plan, or a King County
Noxious Weed Control Program Best Management Practices document;
(3) The pesticide is applied in accordance with state regulations;
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(4) The proposed herbicide is approved for aquatic use by the U.S.
Environmental Protection Agency; and
(5) The use of pesticides in the critical area jurisdiction is approved by
the City and the applicant presents a copy of the Aquatic Pesticide Permit issued by the
Department of Ecology or Washington Department of Agriculture, if required.
b. Self-contained rodent bait boxes designed to prevent access by other
animals are allowed.
c. Sports fields, parks, golf courses and other outdoor recreational uses
that involve maintenance of extensive areas of turf shall implement an integrated turf
management program or integrated pest management plan designed to ensure that water
quality in the critical area is not adversely impacted.
4. Restoration Project Plantings. Restoration projects may overplant the site
as a way to discourage the re-establishment of invasive species. Thinning of vegetation
without a separate Type 2 Special Permission or critical area tree permit may be permitted
five to ten years after planting if this approach is approved as part of the restoration
project's maintenance and monitoring plan and with approval by the City prior to thinning
work.
G. Maintenance and Monitoring.
The property owner is required to ensure the viability and long-term health of
vegetation planted for replacement or mitigation through proper care and maintenance
for the life of the project subject to permit requirements as follows:
Tree Replacement and Vegetation Clearing Permit Requirements.
a. Schedule an inspection with the City of Tukwila's Urban
Environmentalist to document planting of the correct number and type of plants.
years.
b. Submit annual documentation of tree and vegetation health for three
2. Restoration and Mitigation Project Requirements.
a. A five-year monitoring and maintenance plan must be approved by the
City prior to permit issuance. The monitoring period will begin when the restoration is
accepted by the City and as -built plans have been submitted.
b. Monitoring reports shall be submitted annually for City review up until
the end of the monitoring period. Reports shall measure survival rates against project
goals and present contingency plans to meet project goals.
c. Mitigation will be complete after project goals have been met and
accepted by the City of Tukwila's Urban Environmentalist.
d. A performance bond or financial security equal to 150% of the cost of
labor and materials required for implementation of the planting, maintenance and
monitoring shall be submitted prior to City acceptance of project.
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Section 37. TMC Section 18.45.160 is hereby reenacted to read as follows:
18.45.160 Critical Area Master Plan Overlay
A. The purpose of this section is to provide an alternative to preservation of existing
individual wetlands, watercourses and their buffers in situations where an area -wide plan
for alteration and mitigation will result in improvements to water quality, fish and wildlife
habitat and hydrology beyond those that would occur through the strict application of the
provisions of TMC Chapter 18.45.
B. The City Council may designate certain areas as Critical Area Master Plan
Overlay Districts for the purpose of allowing and encouraging a comprehensive approach
to critical area protection, restoration, enhancement and creation in appropriate
circumstances utilizing best available science. Designation of Critical Area Master Plan
Overlay Districts shall occur through the Type 5 decision process established by TMC
Chapter 18.104.
C. Criteria for designating a Critical Area Master Plan Overlay District shall be as
follows:
The overlay area shall be at least 10 acres.
2. The City Council shall find that preparation and implementation of a Critical
Area Master Plan is likely to result in net improvements in critical area functions when
compared to development under the general provisions of TMC Chapter 18.45.
D. Within a Critical Area Master Plan Overlay District, only those uses permitted
under TMC Sections 18.45.070, 18.45.090 and 18.45.110 shall be allowed within a
Category I wetland or its buffer.
E. Within a Critical Area Master Plan Overlay District, the uses permitted under TMC
Sections 18.45.070, 18.45.090 and 18.45.110 and other uses as identified by an
approved Critical Area Master Plan shall be permitted within Category III and Category
IV wetlands and their buffers; and within Type F, Np and Ns watercourses and their
buffers, provided that such uses are allowed by the underlying zoning designation.
F. A Critical Area Master Plan shall be prepared under the direction of the Director
of Community Development. Consistent with subsection A, the Director may approve
development activity within a Critical Area Overlay District for the purpose of allowing and
encouraging a comprehensive approach to critical areas protection, creation, and
enhancement that results in environmental benefits that may not be otherwise achieved
through the application of the requirements of TMC Chapter 18.45.
G. The Director shall consider the following factors when determining whether a
proposed Critical Areas Overlay and Master Plan results in an overall net benefit to the
environment and is consistent with best available science:
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1. Whether the Master Plan is consistent with the goals and policies of the
Natural Environment Element and the Shorelines Element (if applicable) of the Tukwila
Comprehensive Plan.
2. Whether the Master Plan is consistent with the purposes of TMC Chapter
18.45 as stated in TMC Section 18.45.010.
3. Whether the Master Plan includes a Mitigation Plan that incorporates stream
or wetland restoration, enhancement or creation meeting or exceeding the requirements
of TMC Section 18.45.090 and/or TMC Section 18.45.110, as appropriate.
4. Whether proposed alterations or modifications to critical areas and their
buffers and/or alternative mitigation results in an overall net benefit to the natural
environment and improves critical area functions.
5. Whether the Mitigation Plan gives special consideration to conservation and
protection measures necessary to preserve or enhance anadromous fisheries.
6. Mitigation shall occur on -site unless otherwise approved by the Director. The
Director may approve off -site mitigation only upon determining that greater protection,
restoration or enhancement of critical areas could be achieved at an alternative location
within the same watershed.
7. Where feasible, mitigation shall occur prior to grading, filling or relocation of
wetlands or watercourses.
8. At the discretion of the Director, a proposed Master Plan may undergo peer
review, at the expense of the applicant. Peer review, if utilized, shall serve as one source
of input to be utilized by the Director in making a final decision on the proposed action.
H. A Critical Area Master Plan shall be subject to approval by the Director of
Community Development. Such approval shall not be granted until the Master Plan has
been evaluated through preparation of an Environmental Impact Statement (EIS) under
the requirements of TMC Chapter 21.04. The EIS shall compare the environmental
impacts of development under the proposed Master Plan relative to the impacts of
development under the standard requirements of TMC Chapter 18.45. The Director shall
approve the Critical Area Master Plan only if the evaluation clearly demonstrates overall
environmental benefits, giving special consideration to conservation or protection
measures necessary to preserve or enhance anadromous fisheries.
I. The critical area buffer widths for those areas that were altered, created or
restored as mitigation (Wetland 10, 1, Johnson Creek and the Green River off -channel
habitat), at the time of approval of the Sensitive Area Master Plan (SAMP) Permit No.
L10-014 shall be vested as shown on Map A to be codified as Figure 18-59; provided the
adjacent land was cleared and graded pursuant to a City -approved grading permit; and
provided further that those mitigation measures required by the SAMP were performed
and meet the ecological goals, in accordance with the terms of the SAMP.
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Section 38. TMC Section 18.45.170 is hereby reenacted to read as follows:
18.45.170 Critical Area Tracts and Easements
A. In development proposals for planned residential or mixed use developments,
short subdivisions or subdivisions, and boundary line adjustments and binding site plans,
applicants shall create critical areas tracts or easements, in lieu of an open space tract,
per the standards of the Planned Residential Development District chapter of this title.
B. Applicants proposing development involving uses other than those listed in TMC
Section 18.45.170.A, on parcels containing critical areas or their buffers, may elect to
establish a critical areas tract or easement which shall be:
1. If under one ownership, owned and maintained by the owner;
2. If held in common ownership by multiple owners, maintained collectively; or
3. Dedicated for public use if acceptable to the City or other appropriate public
agency.
C. A notice shall be placed on the property title or plat map that critical area tracts
or easements shall remain undeveloped in perpetuity.
Section 39. TMC Section 18.45.180 is hereby reenacted to read as follows:
18.45.180 Exceptions
A. REASONABLE USE EXCEPTIONS.
1. If application of TMC Chapter 18.45 would deny all reasonable use of the
property containing designated critical areas or their buffers, the property owner or the
proponent of a development proposal may apply for a reasonable use exception.
2. Applications for a reasonable use exception shall be a Type 3 decision and
shall be processed pursuant to TMC Chapter 18.104.
3. If the applicant demonstrates to the satisfaction of the Hearing Examiner that
application of the provisions of TMC Chapter 18.45 would deny all reasonable use of the
property, development may be allowed that is consistent with the general purposes of
TMC Chapter 18.45 and the public interest.
4. The Hearing Examiner, in granting approval of the reasonable use
exception, must determine that:
a. There is no feasible on -site alternative to the proposed activities,
including reduction in size or density, modifications of setbacks, buffers or other land use
restrictions or requirements, phasing of project implementation, change in timing of
activities, revision of road and lot layout, and/or related site planning that would allow a
reasonable economic use with fewer adverse impacts to the critical area.
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b. As a result of the proposed development there will be no unreasonable
threat to the public health, safety or welfare on or off the development proposal site.
c. Alterations permitted shall be the minimum necessary to allow for
reasonable use of the property.
d. The proposed development is compatible in design, scale and use with
other development with similar site constraints in the immediate vicinity of the subject
property if such similar sites exist.
e. Disturbance of critical areas and their buffers has been minimized to the
greatest extent possible.
f. All unavoidable impacts are fully mitigated.
g. The inability to derive reasonable use of the property is not the result of:
(1) a segregation or division of a larger parcel on which a reasonable
use was permittable after the effective date of Sensitive Areas Ordinance No. 1599, June
10, 1991;
(2) actions by the owner of the property (or the owner's agents,
contractors or others under the owner's control) that occurred after the effective date of
the critical areas ordinance provisions that prevents or interferes with the reasonable use
of the property; or
(3) a violation of the critical areas ordinance.
h. The Hearing Examiner, when approving a reasonable use exception,
may impose conditions, including but not limited to a requirement for submission and
implementation of an approved mitigation plan designed to ensure that the development:
(1) complies with the standards. and policies of this chapter to the extent
feasible; and
(2) does not create a risk of damage to other property or to the public
health, safety and welfare.
i. Approval of a reasonable use exception shall not eliminate the need for
any other permit or approval otherwise required for a project, including but not limited to
design review.
B. EMERGENCIES. Alterations in response to an emergency that poses an
immediate threat to public health, safety or welfare, or that poses an immediate risk of
damage to private property may be excepted. Any alteration undertaken as an emergency
shall be reported within one business day to the Community Development Department.
The Director shall confirm that an emergency exists and determine what, if any, mitigation
and conditions shall be required to protect the health, safety, welfare and environment
and to repair any damage to the critical area and its required buffers. Emergency work
must be approved by the City. If the Director determines that the action taken, or any part
thereof, was beyond the scope of an allowed emergency action, then the enforcement
provisions of TMC Section 18.45.195 shall apply.
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Section 40. TMC Section 18.45.190 is hereby reenacted to read as follows:
18.45.190 Time Limitation, Appeals and Vesting
A. Time Limitation. Type 2 Special Permission decisions for interrupted buffer,
buffer averaging or other alterations shall expire one year after the decision unless an
extension is granted by the Director. Type 1 tree permits for tree removal within critical
areas or their buffers shall expire one year after the permit is issued, unless an extension
is granted by the Director. Extensions of a Type 2 Special Permission or Type 1 tree
permit may be granted if:
Unforeseen circumstances or conditions necessitate the extension of the
permit; and
2. Termination of the permit would result in unreasonable hardship to the
applicant; and the applicant is not responsible for the delay; and
3. The extension of the permit will not cause substantial detriment to existing
uses, critical areas, or critical area buffers in the immediate vicinity of the subject property.
B. Appeals. Any appeal of a final decision made by the Community Development
Department, pursuant to TMC Chapter 18.45, shall be an appeal of the underlying permit
or approval. Any such appeal shall be processed pursuant to TMC Section 18.108.020
and TMC Chapter 18.116.
C. In considering appeals of decisions or conditions, the following shall be
considered:
The intent and purposes of this chapter;
2. Technical information and reports considered by the Community
Development Department; and
3. Findings of the Director, which shall be given substantial weight.
D. Vesting. Projects are vested to the critical areas ordinance in effect at the time
a complete building permit is submitted except for short plats, subdivisions, binding site
plans and shoreline permits. Short plats or subdivisions or binding site plans are vested
to the critical area ordinance in effect at the time complete application is submitted for
preliminary plats or for the binding site plan. The final plat and all future building permits
on the lots remain vested to that same critical areas ordinance in effect for the preliminary
plat or preliminary binding site plan application, so long as building permits are applied
for within five years of the final plat. For single-family residential short plats and
subdivisions that received preliminary plat approval prior to the adoption of this ordinance,
building permits on the lots shall be considered under the critical areas ordinance in effect
on the date of the preliminary plat application provided complete building or construction
permits are submitted within five years of the final plat approval. Vesting provisions for
shoreline permits are provided in TMC Chapter 18.44.
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Section 41. TMC Section 18.45.195 is hereby reenacted to read as follows:
18.45.195 Violations
A. VIOLATIONS. Failure to comply with any requirement of this chapter shall be
deemed a violation subject to enforcement pursuant to this chapter and TMC Chapter
8.45. The following actions shall be considered a violation of this chapter:
1. To use, construct or demolish a structure or to conduct clearing, earth -
moving, construction or other development not authorized under a Special Permission,
Reasonable Use or other permit where such permit is required by this chapter.
2. Any work that is not conducted in accordance with the plans, conditions, or
other requirements in a permit approved pursuant to this chapter, provided the terms or
conditions are stated in the permit or the approved plans.
3. To remove or deface any sign, notice, complaint or order required by or
posted in accordance with this chapter.
4. To misrepresent any material fact in any application, plans or other
information submitted to obtain any critical area use, buffer reduction or development
authorization.
5. To fail to comply with the requirements of this chapter.
B. PENALTIES.
1. Except as provided otherwise in this section, any violation of any provision
of this chapter, or failure to comply with any of the requirements of this chapter, shall be
subject to the penalties prescribed in TMC Chapter 8.45, "Enforcement".
2. It shall not be a defense to the prosecution for failure to obtain a permit
required by this chapter that a contractor, subcontractor, person with responsibility on the
site, or person authorizing or directing the work erroneously believed a permit had been
issued to the property owner or any other person.
3. Penalties for Tree Removal.
a. In addition to any other penalties or other enforcement allowed by law,
any person who fails to comply with the provisions of this chapter also shall be subject to
a civil penalty assessed against the property owner as set forth herein. Each unlawfully
removed or damaged tree shall constitute a separate violation.
b. Removal or damage of tree(s) without applying for and obtaining
required City approval is subject to a fine of $1,000 per tree, or up to the marketable value
of each tree removed or damaged as determined by a Qualified Tree Professional,
whichever is greater.
c. Any fines paid as a result of violations of this chapter shall be allocated
as follows: 75% paid into the City's Tree Fund; 25% into the General Fund.
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d. The Director may elect not to seek penalties or may reduce the penalties
if he/she determines the circumstances do not warrant imposition of any or all of the civil
penalties.
e. Penalties are in addition to the restoration of removed trees through the
remedial measures listed in TMC Section 18.54.200.
f. It shall not be a defense to the prosecution for a failure to obtain a permit
required by this chapter that a contractor, subcontractor, person with responsibility on the
site or person authorizing or directing the work erroneously believes a permit was issued
to the property owner or any other person.
C. REMEDIAL MEASURES REQUIRED. In addition to penalties assessed, the
Director shall require any person conducting work in violation of this chapter to mitigate
the impacts of unauthorized work by carrying out remedial measures.
1. Any illegal removal of required trees shall be subject to obtaining a Tree
Permit and replacement with trees that meet or exceed the functional value of the
removed trees.
2. To replace the tree canopy lost due to the tree removal, additional trees must
be planted on -site. Payment shall be made into the City's Tree Fund if the number of
replacement trees cannot be accommodated on -site. The number of replacement trees
required will be based on the size of the tree(s) removed as stated in Table 18.45.158-1,
Tree Replacement Requirements.
3. The applicant shall satisfy the permit provisions as specified in this chapter.
4. Remedial measures must conform to the purposes and intent of this chapter.
In addition, remedial measures must meet the standards specified in this chapter.
5. Remedial measures must be completed to the satisfaction of the Director
within 6 months of the date a Notice of Violation and Order is issued pursuant to TMC
Chapter 8.45, or within the time period otherwise specified by the Director.
6. The cost of any remedial measures necessary to correct violation(s) of this
chapter shall be borne by the property owner and/or applicant. Upon the applicant's failure
to implement required remedial measures, the Director may redeem all or any portion of
any security submitted by the applicant to implement such remedial measures, pursuant
to the provisions of this chapter.
Section 42. Regulations Established. TMC Section 18.45.197, "Enforcement," is
hereby established to read as follows:
18.45.197 Enforcement
A. General. In addition to the Notice of Violation
in TMC Chapter 8.45, the Director may take any o
prescribed in this chapter to ensure compliance with,
chapter; and/or when immediate danger exists to th
determined by the Director.
e
and Order measures prescribed
r all of the enforcement actions
and/or remedy a violation of this
public or adjacent property, as
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Page 56 of 87
1. The Director may post the site with a "Stop Work" order directing that all
vegetation clearing not authorized under a Tree Permit cease immediately. The issuance
of a "Stop Work" order may include conditions or other requirements which must be
fulfilled before clearing may resume.
2. The Director may, after written notice is given to the applicant, or after the
site has been posted with a "Stop Work" order, suspend or revoke any Tree Permit issued
by the City.
3. No person shall continue clearing in an area covered by a "Stop Work" order,
or during the suspension or revocation of a Tree Permit, except work required to correct
an imminent safety hazard as prescribed by the Director.
B. Injunctive Relief. Whenever the Director has reasonable cause to believe that
any person is violating or threatening to violate this chapter or any provision of an
approved Special Permission or Tree Permit, the Director may institute a civil action in
the name of the City for injunctive relief to restrain the violation or threatened violation.
Such civil action may be instituted either before or after, and in addition to, any other
action, proceeding or penalty authorized by this chapter or TMC Chapter 8.45.
C. Inspection Access.
1. The Director may inspect a property to ensure compliance with the
provisions of a Tree Permit or this chapter, consistent with TMC Chapter 8.45.
2. The Director may require a final inspection as a condition of a Special
Permission or Tree Permit issuance to ensure compliance with this chapter. The permit
process is complete upon final approval by the Director.
Section 43. TMC Section 18.45.200 is hereby reenacted to read as follows:
18.45.200 Recording Required
The property owner receiving approval of a use or development permit pursuant to
TMC Chapter 18.45 shall record the City -approved site plan, clearly delineating the
wetland, watercourse, areas of potential geologic instability or abandoned mine and their
buffers designated by TMC Sections 18.45.080, 18.45.090, 18.45.100, 18.45.120,
18.45.140 and 18.45.150 with the King County Division of Records and Licensing
Services. The face of the site plan must include a statement that the provisions of TMC
Chapter 18.45, as of the effective date of the ordinance from which TMC Chapter 18.45
derives or is thereafter amended, control use and development of the subject property,
and provide for any responsibility of the property owner for the maintenance or correction
of any latent defects or deficiencies. Additionally, the applicant shall provide data (GPS
or survey data) for updating the City's critical area maps.
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Section 44. TMC Section 18.45.210 is hereby reenacted to read as follows:
18.45.210 Assurance Device
A. In appropriate circumstances, such as when mitigation is not completed in
advance of the project, the Director may require a letter of credit or other security device
acceptable to the City to guarantee performance and maintenance requirements of TMC
Chapter 18.45. All assurances shall be on a form approved by the City Attorney and be
equal to 150% of the cost of the labor and materials for implementation of the approved
mitigation plan.
B. When alteration of a critical area is approved, the Director may require an
assurance device, on a form approved by the City Attorney, to cover the cost of monitoring
and maintenance costs and correction of possible deficiencies for five years. If at the end
of five years performance standards are not being achieved, an increase in the security
device may be required by the Director. When another agency requires monitoring
beyond the City's time period, copies of those monitoring reports shall be provided to the
City.
C. The assurance device shall be released by the Director upon receipt of written
confirmation submitted to the Department from the applicant's qualified professional, and
confirmed by the City, that the mitigation or restoration has met its performance standards
and is successfully established. Should the mitigation or restoration meet performance
standards and be successfully established in the third or fourth year of monitoring, the
City may release the assurance device early. The assurance device may be held for a
longer period, if at the end of the monitoring period, the performance standards have not
been met or the mitigation has not been successfully established. In such cases, the
monitoring period will be extended and the bond held until the standards have been met.
D. Release of the security does not absolve the property owner of responsibility for
maintenance or correcting latent defects or deficiencies or other duties under law.
Section 45. TMC Section 18.45.220 is hereby reenacted to read as follows:
18.45.220 Assessment Relief
A. Fair Market Value. The King County Assessor considers critical area
regulations in determining the fair market value of land under RCW 84.34.
B. Current Use Assessment. Established critical area tracts or easements, as
defined in the Definitions chapter of this title and provided for in TMC Section 18.45.170,
may be classified as open space and owners thereof may qualify for current use taxation
under RCW 18.34; provided, such landowners have not received density credits, or
setback or lot size adjustments as provided in the Planned Residential Development
District chapter of this title.
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C. Special Assessments. Landowners who qualify under TMC Section
18.45.220.13 shall also be exempted from special assessments on the critical area tract
or easement to defray the cost of municipal improvements such as sanitary sewers, storm
sewers and water mains.
Section 46. Regulations Established. TMC Section 18.52.020, "Applicability,"
is hereby established to read as follows:
18.52.020 Applicability
This chapter sets forth rules and regulations to control maintenance, clearing and
planting of landscaping and vegetation within the City of Tukwila on any developed
properties that are zoned commercial, industrial, or multifamily; and on properties that are
zoned LDR and developed with a non -single-family residential use. For properties
located within the Shoreline jurisdiction, the maintenance and removal of vegetation shall
be governed by TMC Chapter 18.44, "Shoreline Overlay." For properties located within
a critical area or its associated buffer, the maintenance and removal of vegetation shall
be governed by TMC Chapter 18.45, "Critical Areas." Clearing and removal of trees on
undeveloped land and any land zoned LDR that is developed with a single-family
residence is regulated by TMC Chapter 18.54, "Urban Forestry and Tree Regulations."
In case of conflict the most stringent regulations apply.
Section 47. TMC Section 18.52.020 Amended and Recodified to TMC 18.52.030.
Ordinance Nos. 2523 §7, 2518 §11, 2251 §62 and 1872 §14 (part), as codified at TMC
Section 18.52.020, "Landscaping Types," are hereby amended to recodify this section as
TMC Section 18.52.030, which shall read as follows:
18.52.030 Landscaping Types
A. General Standards for All Landscaping Types.
1. Trees.
a. Trees shall be spaced based on the stature tree selected (small, medium
or large stature of tree), excluding curb cuts and spaced regularly, except where there
are conflicts with utilities.
b. Large and medium stature tree species are required, per the Tukwila
Approved Tree List, except where there is insufficient planting area (due to proximity to a
building, street light, above or below ground utility, etc.) or the planned tree location does
not permit this size tree at maturity.
2. Shrubs. Shrubs shall be spaced based on the mature size of the plant
material selected and shall achieve a continuous vertical layer within 3 years. The shrubs
will provide 4 feet clearance when mature when adjacent to any fire hydrant or fire
department connection.
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3. Groundcover.
a. Sufficient live groundcovers of varying heights, colors and textures to
cover, within 3 years, 100% of the yard area not needed for trees and shrubs.
b. If grass is being used as the groundcover, a 4-foot diameter ring of bark
mulch is required around each tree.
B. Type I — Light Perimeter Screening.
1. The purpose of Type I landscaping is to enhance Tukwila's streetscapes,
provide a light visual separation between uses and zoning districts, screen parking areas,
and allow views to building entryways and signage.
2. Plant materials shall consist of the following:
a. Trees: A mix of deciduous and evergreen trees.
b. One shrub per 7 linear feet.
c. Groundcover.
C. Type II — Moderate Perimeter Screening.
1. The purpose of Type II landscaping is to enhance Tukwila's streetscapes,
provide a moderate visual separation between uses and zoning districts, screen blank
building walls and parking areas, and allow views to building entryways and signage.
2. Plant materials shall consist of the following:
a. Trees: A mix of deciduous and evergreen trees.
b. One shrub per 4 linear feet, excluding curb cuts.
c. Groundcover.
D. Type III — Heavy Perimeter Screening.
1. The purpose of Type III landscaping is to provide extensive visual separation
along property lines between highly incompatible development, such as warehousing and
residential uses.
2. Plant materials shall consist of the following:
a. Trees consisting of at least 50% evergreen along the applicable property
line (75% along property line adjacent to residential uses).
b. Privacy screen utilizing evergreen shrubs, screening walls or fences (up
to 7 feet tall).
c. Groundcover.
E. Parking Lot Landscaping. This landscaping is required to mitigate adverse
impacts created by parking lots such as noise, glare, stormwater run-off, and increased
heat and to improve their physical appearance.
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UM
1. Trees shall be evenly distributed throughout the parking lot. Planting in
continuous, landscaped planting strips between rows of parking is encouraged. Surface
water management design may also be combined with landscaping in parking lots. In
industrial districts (C/LI, LI, HI, MIC/L, MIC/H), clustering of interior parking lot landscaping
may be permitted to accommodate site usage.
2. Landscape islands.
a. Landscape islands must be a minimum of 6 feet wide, exclusive of
overhang, and a minimum of 100 square feet in area. All landscaped areas must be
protected from damage by vehicles through the use of curbs, tire stops, or other protection
techniques.
b. Landscape islands shall be placed at the ends of each row of parking to
protect parked vehicles from turning movements of other vehicles.
c. The number and stature of trees shall be based on the area available in
the landscape island. A minimum of one large stature evergreen or deciduous tree or two
medium stature trees are required for every 100 square feet of landscaped island, with
the remaining area to contain a combination of shrubs, living groundcover, and mulch.
d. For parking lots adjacent to public or private streets, the islands must be
placed at minimum spacing of 1 for every 10 parking spaces. For parking areas located
behind buildings or otherwise screened from public or private streets or public spaces, if
landscape islands are used, islands shall be placed at a minimum of 1 for every 15 parking
stalls.
3. Bioretention, which includes trees, shrubs and groundcover, may be used to
meet interior parking lot landscaping requirements. The bioretention facility must be
designed by a professional trained or certified in low impact development techniques as
set forth in TMC Chapter 14.30. All bioretention facilities must be protected by curbing to
prevent vehicle damage to the facility and for public safety.
4. Vehicular Overhang.
a. Vehicle overhang into any landscaping area shall not exceed two feet.
b. No plant material greater than 12 inches in height shall be located within
two feet of the curb or other protective barrier in landscape areas adjacent to parking
spaces and vehicle use areas.
c. Raised curbs or curb stops shall be used around the landscape islands
or bioretention facilities to prevent plant material from being struck by automobiles.
Where bioretention is used, curb cuts shall be placed to allow stormwater runoff from
adjacent pavements to enter the bioretention system.
5. Pervious pavement shall be used, where feasible, including parking spaces
and pedestrian paths.
6. Parking lot landscape design shall accommodate pedestrian circulation.
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F. Street Trees in the Public Frontage.
1. Street tree spacing.
a. Street tree spacing in the public frontage shall be as specified in TMC
Section 18.52.080.B.2. based on the stature size of the tree.
b. Spacing must also consider sight distance at intersections, driveway
locations, and utility conflicts as specified in TMC Section 18.52.080.B.3.
c. Street trees in the public frontage shall be planted using the following
general spacing standards:
front for access).
(1) At least 3-1/2 feet back from the face of the curb.
(2) At least 5 feet from underground utility lines.
(3) At least 10 feet from utility poles.
(4) At least 7-1/2 feet from driveways.
(5) At least 3 feet from pad -mounted transformers (except 10 feet in
(6) At least 4 feet from fire hydrants and connections.
d. Planting and lighting plans shall be coordinated so that trees are not
planted in locations where they will obstruct existing or planned street or site lighting,
while maintaining appropriate spacing and allowing for their size and spread at maturity.
e. Planting plans shall consider the location of existing or planned signage
to avoid future conflicts with mature trees and landscaping.
2. Tree grates.
a. Tree grates are not encouraged, but when used, shall be designed so
that sections of grate can be removed incrementally as the tree matures and shall be
designed to avoid accumulation of trash.
b. When used, tree grates and landscaped tree wells shall be a minimum
36 square feet in size (6' x 6'). Tree well size may be adjusted to comply with ADA
standards on narrower sidewalks. See TMC Section 18.52.090.A.1., "Soil Preparation
and Planting," for structural soil requirements. Root barriers may be installed at the curb
face if structural soils are not used.
3. Maintenance and Pruning.
a. Street trees are subject to the planting, maintenance, and removal
standards and Best Management Practices (BMPs) as adopted by the International
Society of Arboriculture, as it now reads and as hereafter amended. Street trees planted
prior to the adoption of the most current tree planting standards shall be exempt from
these planting standards but are still subject to current removal and maintenance
standards.
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b. The following standards apply to street tree maintenance:
(1) Street trees shall be maintained consistent with International
Society of Arboriculture BMPs.
(2) Street trees shall be maintained in a manner that does not impede
public street or sidewalk traffic, consistent with the specifications in the Public Works
Infrastructure Design Manual, including:
streets.
(a) 8 feet of clearance above public sidewalks.
(b) 13 feet of clearance above public local and neighborhood
(c) 15 feet of clearance above public collector streets.
(d) 18 feet of clearance above public arterial streets.
(3) Street trees shall be maintained so as not to become a defective
tree as per the definition in TMC Chapter 18.06.
4. Trees planted in a median shall be appropriate for the planting environment
and meet the following requirements:
a. Trees shall be consistent with previously approved median tree plans,
given space constraints for roots and branches at maturity.
b. Median plantings shall provide adequate species diversity Citywide and
reasonable resistance to pests and diseases.
c. Columnar trees may be considered for median plantings to avoid
conflicts with vehicles and utilities.
d. Structural soils shall be used to avoid the need for root barriers and to
ensure the success of the median plantings.
e. Any median tree that is removed must be replaced within the same
median unless spacing constraints exist. Replacement trees shall be of the same stature
or greater at maturity as the removed tree, consistent with other space considerations.
Section 48. TMC Section 18.52.030 Amended and Recodified to TMC 18.52.040.
Ordinance Nos. 2580 §6, 2523 §8, 2442 §1, 2251 §61, 2235 §13 and 1872 §14, as
codified at TMC Section 18.52.030, "Perimeter and Parking Lot Landscaping
Requirements by Zone District," are hereby amended to recodify this section as TMC
Section 18.52.040, and to amend the "Notes" in TABLE A to read as follows:
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TABLE A — Perimeter and Parking Lot Landscaping Requirements by Zone District
FRONT
ZONING
YARD
LANDSCAPE
LANDSCAPE
LANDSCAPE
LANDSCAPE
LANDSCAPING FOR
DISTRICTS
(SECOND
TYPE FOR
FOR SIDE
FOR REAR
TYPE FOR
PARKING LOTS
FRONT)
FRONTS
YARD
YARD
SIDE/REAR
(square feet)
(linear feet)
(linear feet)
(linear feet)
LDR
152
Type I
10
10
Type[
20 per stall for
(for uses other
non-residential
than residential)
uses; 15 per stall if
parking is placed
behind building
MDR
151, 2, 11
Type I
10
10
Type I
Same as LDR
HDR
151.2, 17
Type I
10
10
Type I
Same as LDR
ZONING DISTRICTS
FRONT
LANDSCAPE
LANDSCAPE
LANDSCAPE
LANDSCAPE
LANDSCANG FOR
YARD
TYPE FOR
FOR SIDE
FOR REAR
TYPE FOR
PARKING LOTS
(SECOND
FRONTS
YARD
YARD
SIDE/REAR
(square feet)
FRONT)
(linear feet)
(linear feet)
(linear feet)
MUO
15 (12.5)2.11
Type 1'
64
64.11
Type V
20 per stall adjacent
to street; 15 per stall
if parking is placed
behind building
O
15 (12.5)2
Type 17
64
64
Type F
Same as MUO
RCC
20 (10)2.3
Type 1'
64
1011
Type 11
Same as MUO
NCC
104,11
Type l7. 73
04
04.11
Type 11
Same as MUO
RC
10
Type 113
64
04
Type 11'
Same as MUO
RCM
10
Type 1
64
04
Type 11'
Same as MUO
C/LI
15
Type IS
65, 12
05.12
Type 11'
15 per stall;
10 per stall for parking
placed behind building
LI
152
Type 11
04,12
04,12
Type 111
15 per stall;
10 per stall for
parking placed
behind building
HI
152
Type If
04.12
04,12
Type III
15 per stall
MIC/L
105
Type II
05.12
05,12
Type III
10 per stall
MIC/H
105
Type II
05,12
05,12
Type 111
10 per stall
TUC — See TMC Chapter 18.28
TVs
152.3
Type 11
04
04
Type III
Same as C/LI
TSO
152,9
Type I
010.
010
Type III
Same as C/LI for
non-residential uses.
Same as LDR for
residential uses.
Notes:
1. Minimum required front yard landscaped areas in the MDR and HDR zones may have up to 20%
of their required landscape area developed for pedestrian and transit facilities subject to the approval criteria
in TMC Section 18.52.120.C.
2. In order to provide flexibility of the site design while still providing the full amount of landscaping
required by code, the front yard landscape width may be divided into a perimeter strip and one or more
other landscape areas between the building and the front property line if the perimeter strip is a minimum
of 10 feet and the landscape materials are sufficient to provide landscaping along the perimeter and
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screening of the building mass.
3. Required landscaping may include a mix of plant materials, pedestrian amenities and features,
outdoor cafe -type seating and similar features, subject to the approval criteria in TMC Section 18.52.120.C.
Bioretention may also be used as required landscaping subject to the approval criteria in TMC Section
18.52.120.E. Required plant materials will be reduced in proportion to the amount of perimeter area
devoted to pedestrian -oriented space.
4. Increased to 10 feet if any portion of the yard is within 50 feet of LDR, MDR or HDR.
5. Increased to 15 feet if any portion of the yard is within 50 feet of LDR, MDR or HDR.
6. Increased to Type II if the front yard contains truck loading bays, service areas or outdoor storage.
7. Increased to Type II if any portion of the yard is within 50 feet of LDR, MDR or HDR.
8. Increased to Type III if any portion of the yard is within 50 feet of LDR, MDR or HDR.
9. Only required along public streets.
10. Increased to 10 feet for residential uses; or if adjacent to residential uses or non-TSO zoning.
11. In the MDR and HDR districts and other districts where multifamily development is permitted, a
community garden may be substituted for some or all of the landscaping. In order to qualify, a partnership
with a nonprofit (501(c)(3)) with community garden expertise is required to provide training, tools and
assistance to apartment residents. Partnership with the nonprofit with gardening expertise is required
throughout the life of the garden. If the community garden is abandoned, the required landscaping must be
installed. If the garden is located in the front landscaping, a minimum of 5 feet of landscaping must be
placed between the garden and the street.
12. To accommodate the types of uses found in the C/LI, LI, HI and MIC districts, landscaping may
be clustered to permit truck movements or to accommodate other uses commonly found in these districts
if the criteria in TMC Section 18.52.120.D are met.
13. For NCC and RC zoned parcels in the Tukwila International Boulevard District, the front
landscaping may be reduced or eliminated if buildings are brought out to the street edge to form a
continuous building wall, and if a primary entrance from the front sidewalk as well as from off-street parking
areas is provided.
Section 49. TMC Section 18.52.050 Amended and Recodified to TMC 18.52.060.
Ordinance No. 2523 §10, as codified at TMC Section 18.52.050, "Significant Tree
Retention," is hereby amended to recodify this section as TMC Section 18.52.060, which
shall read as follows:
18.52.060 Significant Tree Retention
A. All significant trees located within any required landscape area that are not dead,
dying, diseased, or a nuisance species, as identified in the Tukwila Approved Tree List,
and that do not pose a safety hazard or conflict with overhead utility lines as determined
by the City or an ISA certified arborist, shall be retained and protected during construction
with temporary fencing or other enclosure, as appropriate to the site and following Best
Management Practices for tree protection (see TMC Chapter 18.54).
B. Topping of trees is prohibited and is subject to replacement. Additionally, pruning
of more than 25% of canopy in a 36-month period is prohibited and is subject to
replacement per TMC Section 18.52.130, Table C.
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C. Retained significant trees may be counted towards required landscaping.
Additionally, the required landscaping may be reduced in exchange for retaining
significant trees subject to Director approval and per TMC Section 18.52.120.F.
D. The area designated for protection will vary based on the tree's diameter,
species, age, and the characteristics of the planted area, and Best Management Practices
for protection shall be utilized (see TMC Chapter 18.54). Property owners may be
required to furnish a report by an ISA certified arborist to document a tree's condition if a
tree is to be retained. The Director may require that an ISA certified arborist be retained
to supervise tree protection during construction. Grade changes around existing trees
within the critical root zone are not allowed.
Section 50. Regulations Established. TMC Section 18.52.070, "Tree Protection
Standards," is hereby established to read as follows:
18.52.070 Tree Protection Standards
All trees not proposed for removal as part of a project or development shall be
protected using Best Management Practices and the standards below.
1. The Critical Root Zones (CRZ) for all trees designated for retention, on site
or on adjacent property as applicable, shall be identified on all construction plans,
including demolition, grading, civil and landscape site plans.
2. Any roots within the CRZ exposed during construction shall be covered
immediately and kept moist with appropriate materials. The City may require a third party
Qualified Tree Professional to review long-term viability of the tree.
3. Physical barriers, such as 6-foot chain link fence or plywood or other
approved equivalent, shall be placed around each individual tree or grouping at the CRZ.
4. Minimum distances from the trunk for the physical barriers shall be based on
the approximate age of the tree (height and canopy) as follows:
a. Young trees (trees which have reached less than 20% of life
expectancy): 0.75 per inch of trunk diameter.
b. Mature trees (trees which have reached 20-80% of life expectancy):
1 foot per inch of trunk diameter.
c. Over mature trees (trees which have reached greater than 80% of life
expectancy): 1.5 feet per inch of trunk diameter.
5. Alternative protection methods maybe used that provide equal or greater tree
protection if approved by the Director.
6. A weatherproof sign shall be installed on the fence or barrier that reads:
"TREE PROTECTION ZONE — THIS FENCE SHALL NOT BE REMOVED OR
ENCROACHED UPON. No soil disturbance, parking, storage, dumping or
burning of materials is allowed within the Critical Root Zone. The value of this
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tree is $ [insert value of tree as determined by a Qualified Tree Professional
here]. Damage to this tree due to construction activity that results in the death
or necessary removal of the tree is subject to the Violations section of TMC
Chapter 18.54."
7. All tree protection measures installed shall be inspected by the City and, if
deemed necessary, a Qualified Tree Professional, prior to beginning construction or earth
moving.
8. Any branches or limbs that are outside of the CRZ and might be damaged
by machinery shall be pruned prior to construction by a Qualified Tree Professional. No
construction personnel shall prune affected limbs except under the direct supervision of
a Qualified Tree Professional.
9. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch
shall not be placed directly against the trunk. A 6-inch area around the trunk shall be free
of mulch. Additional measures, such as fertilization or supplemental water, shall be
carried out prior to the start of construction if deemed necessary by the Qualified Tree
Professional's report to prepare the trees for the stress of construction activities.
10. No storage of equipment or refuse, parking of vehicles, dumping of materials
or chemicals, or placement of permanent heavy structures or items shall occur within the
CRZ.
11. No grade changes or soil disturbance, including trenching, shall be allowed
within the CRZ. Grade changes within 10 feet of the CRZ shall be approved by the City
prior to implementation.
12. The applicant is responsible for ensuring that the CRZ of trees on adjacent
properties are not impacted by the proposed development.
13. A pre -construction inspection shall be conducted by the City to finalize tree
protection actions.
14. Post -construction inspection of protected trees shall be conducted by the
City and, if deemed necessary by the City, a Qualified Tree Professional. All corrective
or reparative pruning will be conducted by a Qualified Tree Professional.
Section 51. TMC Section 18.52.070 Amended and Recodified to TMC 18.52.090.
Ordinance No. 2523 §12, as codified at TMC Section 18.52.070, "Soil Preparation,
Planting and Irrigation," is hereby amended to recodify this section as TMC Section
18.52.090, which shall read as follows:
18.52.090 Soil Preparation, Planting and Irrigation
A. Soil Preparation and Planting.
1. For landscaping in sidewalks and parking lots, or in limited areas of soil
volume, structural soils (Cornell University product or similar) must be used to a preferred
depth of 36 inches to promote tree root growth and provide structural support to the paved
area. Minimum soil volumes for tree roots shall be 750 cubic feet per tree (see
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specifications and sample plans for CU-Structural Soils). Trees and other landscape
materials shall be planted according to specifications in "CU Structural Soils — A
Comprehensive Guide," as it now reads and as hereafter amended, or using current Best
Management Practices (BMPs) as approved by the Director. Suspended pavement
systems (Silva Cells or similar) may also be used if approved by the Director.
2. For soil preparation in bioretention areas, existing soils must be protected
from compaction. Bioretention soil media must be prepared in accordance with standard
specifications of the Surface Water Design Manual, adopted in accordance with TMC
Chapter 14.30, to promote a proper functioning bioretention system. These specifications
shall be adhered to regardless of whether a stormwater permit is required from the City.
3. For all other plantings (such as large planting areas where soil volumes are
adequate for healthy root growth with a minimum volume of 750 cubic feet per tree), soils
must be prepared for planting in accordance with BMP T5.13, "Post Construction Soil
Quality and Depth," from the Washington Department of Ecology Stormwater
Management Manual for Western Washington (as it now reads and as hereafter
amended), regardless of whether a stormwater permit is required by the City.
4. The applicant will be required to schedule an inspection by the City of the
planting areas prior to planting to ensure soils are properly prepared. Soil must be
amended, tilled and prepped to a depth of at least 12 inches.
5. Installation of landscape plants must comply with BMPs including:
a. Planting holes that are the same depth as the size of the root ball and
two to three times wider than the root ball.
b. Root balls of potted and balled and burlapped (B&B) plants must be
loosened and pruned as necessary to ensure there are no encircling roots prior to
planting. All burlap and all straps or wire baskets must be removed from B&B plants prior
to planting.
c. The top of the root flare, where the roots and the trunk begin, should be
placed at grade. The root ball shall not extend above the soil surface and the flare shall
not be covered by soil or mulch.
d. If using mulch around trees and shrubs, maintain at least a 6-inch mulch -
free ring around the base of the tree trunks and woody stems of shrubs. If using mulch
around groundcovers until they become established, mulch shall not be placed over the
crowns of perennial plants.
B. Irrigation.
1. The intent of this standard is to ensure that plants will survive the critical
establishment period when they are most vulnerable due to lack of watering and to ensure
their long term viability.
2. All required plantings must be served by a permanent automatic irrigation
system, unless approved by the Director.
a. Irrigation shall be designed to conserve water by using the best practical
management techniques available, including BMPs, for daily timing of irrigation to
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optimize water infiltration and conservation. These techniques may include, but not be
limited to: drip irrigation (where appropriate) to minimize evaporation loss, moisture
sensors to prevent irrigation during rainy periods, automatic controllers to ensure proper
duration of watering, sprinkler head selection and spacing designed to minimize
overspray, and separate zones for turf and other landscaping and for full sun exposure
and shady areas to meet watering needs of different sections of the landscape.
b. Exceptions to the irrigation requirement may be approved by the
Director, such as xeriscaping (i.e., low water usage plantings), plantings approved for low
impact development techniques, established indigenous plant material, or landscapes
where natural appearance is acceptable or desirable to the City. However, those
exceptions will require temporary irrigation until established.
3. All temporary irrigation must be removed at the end of the 3-year plant
establishment period.
Section 52. TMC Section 18.52.080 Amended and Recodified to TMC 18.52.100.
Ordinance No. 2523 §13, as codified at TMC Section 18.52.080, "Maintenance and
Pruning," is hereby amended to recodify this section as TMC Section 18.52.100, which
shall read as follows:
18.52.100 Maintenance and Pruning
A. Any landscaping required by this chapter shall be retained and maintained by the
property owner for the life of the development in conformance with the intent of the
approved landscape plan and this chapter. Maintenance shall also include keeping all
planting areas free of weeds and trash and replacing any unhealthy or dead plant
materials.
B. Green roofs or rooftop gardens shall be maintained to industry standards and
any dead or dying plant material replaced.
C. Pruning of trees and shrubs is only allowed for the health of the plant material, to
maintain sight distances or sight lines, or if interfering with overhead utilities. All pruning
must be done in accordance with American National Standards Institute (ANSI) A-300
specifications, as it now reads and as hereafter amended.
D. No tree planted by a property owner or the City to fulfill landscape requirements,
or any existing tree, may be topped or removed without prior approval from the City. Any
tree topped or removed without approval shall be subject to code enforcement action per
TMC Chapter 8.45 in addition to the requirements of TMC Section 18.52,130, "Violations."
E. Private property owners shall collect and properly dispose of all landscaping
debris. Private property landscaping debris shall not be placed or blown into the public
right-of-way for City collection. Violations will be subject to code enforcement action per
TMC Chapter 8.45.
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F. As trees along the street frontages mature, they shall be limbed up, using proper
ISA pruning techniques, to a minimum height of 8 to 18 feet depending on location of tree
(over sidewalk, adjacent to road, etc.) to allow adequate visibility and clearance for
vehicles. Trees may be pruned to improve views of signage and entryways by using such
techniques as windowing, thinning, and limbing up; however, no more than 1/4 of the
canopy may be removed within any 2-year period. All pruning shall be done in
accordance with ANSI Standard A-300 specifications, as it now reads and as hereafter
amended.
G. Trees may only be pruned to lower their height to prevent interference with an
overhead utility line with prior approval by the Director. The pruning must be carried out
under the direction of an ISA certified arborist. The crown shall be maintained to at least
2/3 the height of the tree prior to pruning. Otherwise, trees shall not be topped. Illegal
topping is subject to replacement. Additionally, pruning of more than 25% of canopy in a
36-month period is prohibited and is subject to replacement per TMC Section 18.52.130,
Table C.
Section 53. TMC Section 18.52.100 Amended and Recodified to TMC 18.52.120.
Ordinance No. 2523 §15, as codified at TMC Section 18.52.100, "Request for Landscape
Modifications," is hereby amended to recodify this section as TMC Section 18.52.120,
which shall read as follows:
18.52.120 Request for Landscape Modifications
A. Revisions to existing landscaping may be approved only if the following criteria
are met:
1. The revision does not reduce the landscaping to the point that activities on
the site become a nuisance to adjacent properties.
2. Proposed vegetation removal, replacement, and any mitigation measures
proposed are consistent with the purpose and intent of this chapter and bring landscaping
into conformance with standards of TMC Chapter 18.52.
3. Proposed revision will not be detrimental to the public health, safety or
welfare or injurious to other property in the vicinity.
4. Any trees proposed to be removed shall be replaced with trees of similar or
larger size at a minimum ratio of 1:1.
B. The following deviations to the requirements of this chapter may be considered
either as a Type 2, Special Permission Director decision, or through design review if the
project is subject to that process.
1. Deviation from the requirements of Type I, II, or III landscaping, including
but not limited to the use of the landscape area for pedestrian and transit facilities,
landscape planters, rooftop gardens or green roofs, terraced planters or green walls, or
revisions to existing landscaping. The amount of landscaping on commercially -zoned
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properties may be reduced by 15% if buildings are moved to the front of the site with no
parking between the building and the front landscaping, to create a more pedestrian -
friendly site design.
2. Clustering and/or averaging of required landscaping. The landscape
perimeter may be clustered if the total required square footage is achieved, unless the
landscaping requirement has been increased due to proximity to LDR, MDR or HDR. In
addition, up to 50% of the perimeter landscaping may be relocated to the interior parking
to provide more flexibility for site organization.
3. Substitution of bioretention facility for required landscaping for Type I or II
landscaping. Landscaping in a bioretention facility that includes trees, shrubs and
groundcover may be counted up to 100% towards required landscaping depending on
the location, type of bioretention facility proposed and proposed use.
4. Credit for retained significant trees towards landscaping requirement.
C. The following criteria apply to requests for deviation from any required
landscaping standards.
1. The deviation does not reduce the landscaping to the point that activities on
the site become a nuisance to neighbors; and
2. The modification or revision does not diminish the quality of the site
landscape as a whole; and
3. One or more of the following are met:
a. The modification or revision more effectively screens parking areas and
blank building walls; or
b. The modification or revision enables significant trees or existing built
features to be retained; or
c. The modification or revision is used to reduce the number of driveways
and curb cuts and allow joint use of parking facilities between neighboring businesses; or
d. The modification or revision is used to incorporate pedestrian or transit
facilities; or
e. The modification is for properties in the NCC or RC districts along
Tukwila International Boulevard, where the buildings are brought out to the street edge
and a primary entrance from the front sidewalk as well as from off-street parking areas is
provided; or
f. The modification is to incorporate alternative forms of landscaping such
as landscape planters, rooftop gardens, green roof, terraced planters or green walls; or
g. The modification is to incorporate a community garden, subject to the
provisions of TMC Section 18.52.040, Note 11.
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D. Clustering or perimeter averaging of landscaping may be considered if:
1. It does not diminish the quality of the site landscape as a whole; and
2. It does not create a nuisance to adjacent properties; and
3. If adjacent to residential development, the impacts from clustering are
minimized, and
4. One or more of the following criteria are met:
a. Clustering or perimeter averaging of plant material allows more effective
use of the industrial property; or
b. Clustering or perimeter averaging of landscaping enables significant
trees to be retained; or
c. Clustering or perimeter averaging is used to reduce the number of
driveways and curb cuts and/or allow joint use of parking facilities between neighboring
businesses; or
d. Clustering or perimeter averaging avoids future conflicts with signage.
E. Landscaping in a bioretention facility that includes trees, shrubs, and
groundcovers as identified on the City's approved Bioretention Plant List and as regulated
in TMC Chapter 14.30, may be counted up to 100% towards required Type I or Type II
landscaping. Bioretention facilities shall not be counted towards required Type III
landscaping. All of the following criteria must be met:
1. The bioretention facility has been designed by a professional trained or
certified in low impact development techniques; and
2. The landscaping meets the screening requirements of the specified
landscape type; and
3. Public safety concerns have been addressed; and
4. The number of trees required by the landscape type are provided.
F. Credit for Significant Trees,
1. Credit for retained significant trees may be counted towards required
landscaping if the following criteria are met:
a. Assessment of trees by an ISA certified arborist as to tree health, value
of the trees and the likelihood of survivability during and after construction is provided;
and
b. Retention of tree(s) supports the Tukwila Comprehensive Plan urban
tree canopy goals and policies; and
c. A financial assurance is posted based on 150% of the value of the
retained tree(s) to ensure tree replacement should the retained trees be damaged or die
as a result of construction impacts. The financial assurance shall be retained for three
years.
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2. The value of the significant tree(s) to be retained, as determined by an ISA
certified arborist, shall be posted on the tree prior to site preparation and retained
throughout the construction of the project.
Section 54. TMC Section 18.52.110 Amended and Recodified to TMC 18.52.130.
Ordinance No. 2523 §16, as codified at TMC Section 18.52.110, "Violations," is hereby
amended to recodify this section as TMC Section 18.52.130, which shall read as follows:
18.52.130 Violations
A. Violations. The following actions shall be considered a violation of this chapter:
Any removal or damage of landscaping that is required by this chapter.
2. Topping or excessive pruning of trees or shrubs, except as explicitly allowed
by this chapter.
3. Failure to replace dead landscaping materials.
B. Penalties. In addition to any other penalties or other enforcement actions, any
person who fails to comply with the provisions of this chapter also shall be subject to a
civil penalty assessed against the violator as set forth herein. Each unlawfully removed
or damaged tree shall constitute a separate violation.
1. The amount of the penalty shall be assessed based on Table B below. The
Director may elect not to seek penalties or may reduce the penalties if he/she determines
the circumstances do not warrant imposition of any or all of the civil penalties.
2. Penalties are in addition to the restoration of removed plant materials
through the remedial measures listed in TMC Section 18.52.130.C.
3. It shall not be a defense to the prosecution for a failure to obtain a permit
required by this chapter that a contractor, subcontractor, person with responsibility on the
site or person authorizing or directing the work erroneously believes a permit was issued
to the property owner or any other person.
TABLE B — Fines
Type of Violation
Allowable Fines per Violation
Removal or damage of trees or
specimen shrubs without applying for
and obtaining required City approval
$1,000 per tree, or up to the marketable value
of each tree removed or damaged as determined
bv an ISA certified arborist.
C. Remedial Measures. In addition to the penalties provided in TMC Section
18.52.130.13, the Director shall require any person conducting work in violation of this
chapter to mitigate the impacts of unauthorized work by carrying out remedial measures.
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1. Any illegal removal of required trees shall be subject to obtaining a tree
permit and replacement with trees that meet or exceed the functional value of the
removed trees. In addition, any shrubs and groundcover removed without City approval
shall be replaced.
2. To replace the tree canopy lost due to the tree removal, additional trees must
be planted on -site. Payment may be made into the City's Tree Fund if the number of
replacement trees cannot be accommodated on -site. The number of replacement trees
required will be based on the size of the tree(s) removed as stated in Table C.
TABLE C — Tree Replacement Requirements
Diameter* of Tree Removed (*measured at
height of 4.5 feet from the ground)
Number of Replacement
Trees Required
4-6 inches (single trunk) OR
2 inches (any trunk of a multi -trunk tree)
3
Over 6-8 inches
4
Over 8-20 inches
6
Over 20 inches
8
D. Enforcement. It shall be the duty of the Community Development Director to
enforce this chapter pursuant to the terms and conditions of TMC Chapter 8.45 or as
otherwise allowed by law.
E. Inspection Access.
1. For the purposes of inspection for compliance with the provisions of a permit
or this chapter, authorized representatives of the Community Development Director may
enter all sites for which a permit has been issued.
2. Upon completion of all requirements of a permit, the applicant shall request
a final inspection by contacting the planner of record. The permit process is complete
upon final approval by an authorized representative of the Community Development
Director.
Section 55. TMC Sections Recodified. The following sections in TMC Chapter
18.52 are hereby renumbered to be codified as follows:
Old Section # New Section #
18.52.040
18.52.060
18.52.090
18.52.050
18.52.080
18.52.110
Section Name
Screening and Visibility
Plant Material Requirements and Tree Standards
Landscape Plan Requirements
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Section 56. TMC Section 18.28.240 Amended. Ordinance No. 2443 §25, as
codified at TMC Section 18.28.240, "General Landscaping," subparagraph C, is hereby
amended to correct a section reference and shall read as follows:
C. General Landscaping Considerations.
Plant Materials.
a. Drought resistant species are encouraged in order to minimize irrigation
requirements, except where site conditions within the required landscape areas ensure
adequate moisture for growth.
b. The mature size of selected tree species should be suitable to lot size,
the scale of adjacent structures, and the proximity to utility lines.
c. In general, deciduous trees with open branching structures are
recommended to ensure visibility to retail establishments. More substantial shade trees
are recommended in front of private residences.
d. All trees should be selected and located so they will not obstruct views
to showroom windows and building signage as they mature.
e. Evergreen landscaping (Figure 18-48) is appropriate for screening utility
vaults, loading docks and some storage areas. (Also see TMC Section 18.52.050 for
screening outdoor storage areas.)
f. Species selection is very important in grouped plantings (Figure 18-49).
Drought tolerant species are strongly recommended and monoculture plantings are
discouraged. Low maintenance cost and low replacement costs are two advantages of
planting drought tolerant species in grouped configurations. Low (24-30 inches) shrubs,
perennial or groundcover plantings that provide a superior degree of separation between
the sidewalk and street at reduced maintenance costs may be used.
2. Design.
a. Shade trees should be planted to shade buildings' east and west -facing
windows to provide a balance between summer cooling and winter heating through solar
gain.
b. All landscaped areas should be designed to allow aquifer filtration and
minimize stormwater run-off utilizing bio-swales, filtration strips, and bio-retention ponds
where appropriate.
Section 57. TMC Section 18.54.020 Amended. Ordinance Nos. 2570 §3 and 1758
§1 (part), as codified at TMC Section 18.54.020, are hereby amended to read as follows:
18.54.020 Applicability
This chapter sets forth rules and regulations to control maintenance and clearing of
trees within the City of Tukwila on any undeveloped land and any land zoned Low Density
Residential (LDR) that is developed with a single family residence. For properties located
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within the Shoreline jurisdiction, maintenance and removal of vegetation shall be
governed by TMC Chapter 18.44, "Shoreline Overlay." For properties located within a
critical area or its associated buffer, the maintenance and removal of vegetation shall be
governed by TMC Chapter 18.45, "Environmentally Critical Areas". TMC Chapter 18.52,
"Landscape Requirements," shall govern the maintenance and removal of landscaping
on developed properties that are zoned commercial, industrial, or multifamily; and on
properties located in the LDR zone that are developed with a non -single family residential
use. The most stringent regulations shall apply in case of a conflict.
Section 58. TMC Section 18.54.030 Amended. Ordinance Nos. 2570 §4 and 1758
§1 (part), as codified at TMC Section 18.54.030, are hereby amended to read as follows:
18.54.030 Tree Permit Required
A. Permit Required.
1. A Tree Permit is required prior to work within the Critical Root Zone of any
Significant, Exceptional or Heritage Tree or prior to the removal or destruction of any of
these trees within the City, unless the action is exempt from this chapter.
2. A Tree Permit is required when any person wishes to prune a Heritage Tree
in excess of 20% of the existing crown in a two-year period.
3. A request for an exception to the requirements of the chapter shall be
processed under a Tree Exception Permit.
B. Tree Removal Exemptions. The following activities are exempt from the permit
requirements of this chapter except as noted below:
1. The removal of trees that are less than 6 inches in Diameter at Breast Height
(DBH) on a property zoned Low Density Residential and improved with a single-family
dwelling.
2. Removal of no more than four trees that are 6-8" DBH on a property zoned
Low Density Residential and improved with a single-family dwelling in any 36-month
period, as long as the property owner submits a tree inventory survey that includes the
following:
a. Number of and size of trees to be removed;
b. The location of any affected utility lines within the overhead "fall zone"
or other built infrastructure;
c. Photos of the tree(s) to be removed;
d. The method of removal and identification of contractor; and
e. Time schedule of tree removal.
3. The removal of Dead Trees outside of the shoreline jurisdiction or a sensitive
area or its buffer.
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4. Routine maintenance of trees necessary to maintain the health of cultivated
plants, or to contain noxious weeds or invasive species as defined by the City of Tukwila
or King County, and routine maintenance within rights -of -way related to Interference,
Sight Distance, Emergencies or Topping, as codified in TMC Chapter 11.20. Routine
maintenance includes the removal of up to 25% of the existing tree crown in a 36-month
period.
5. Emergency actions necessary to remedy an immediate threat to people or
property, or public health, safety or welfare by a high -risk or extreme -risk tree may be
undertaken in advance of receiving a permit. Any person, utility or public entity
undertaking such an action shall submit a Tree Permit application within one week of the
emergency action and replace tree(s) if required by this chapter. Additional time to apply
for a Tree Permit may be granted at the discretion of the Director.
6. The removal of trees in the right-of-way related to a capital project that has
a landscaping component that includes trees, where there is adequate room in the right-
of-way.
7. Removal of trees as allowed with a Class I -IV forest practices permit issued
by the Washington State Department of Natural Resources.
Section 59. TMC Section 18.54.040 Amended. Ordinance No. 2570 §5, as codified
at TMC Section 18.54.040, is hereby amended to read as follows:
18.54.040 Permit Submittal Requirements
A. Permit Application. Prior to any tree removal, site clearing or work within the
Critical Root Zone, a Tree Permit application must be submitted to the Department of
Community Development containing the following information:
1. Site Plan of the proposal showing:
a. Diameter, species name, location and canopy of existing Significant
Trees in relation to proposed and existing structures, utility lines, and construction limit
line;
b. Identification of all Significant Trees to be removed and/or relocated;
c. Existing and proposed topography of the site at 2-foot contour intervals;
and
d. Limits of any critical area and critical area buffer and/or shoreline
jurisdiction.
2. Landscape Plan for the proposal showing:
a. Diameter, species name, spacing and location of replacement trees to
be planted;
b. Diameter, species name and location of all Significant Trees to be
retained; and
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c. Vegetation protection measures consistent with the criteria in TMC
Section 18.54.060.
3. Professional review or recommendation for removal of Heritage Trees or as
otherwise required. A Qualified Tree Professional report is not required for the permitted
removal of trees, other than Heritage Trees, on a lot zoned Low Density Residential and
improved with a single-family dwelling. The Director may require a report from a Qualified
Tree Professional if replacement trees are required or when the Director determines that
tree removal, site clearing, or work within the Critical Root Zone may result in adverse
impacts requiring remedial measures. Third party review of the report or recommendation
may be required. The report or recommendation shall address the following:
a. The anticipated effects of proposed construction or tree removal on the
viability of Significant Trees to remain on -site;
b. Recommendations on replacement trees, spacing and maintenance of
proposed replacement trees once installed;
c. Post -construction site inspection and evaluation; and
d. Estimated cost of maintenance of replacement trees for the purposes of
calculation of financial assurance, if required.
4. A photo of the tree(s) to be impacted or removed.
5. Time schedule. Proposed time schedule of vegetation removal, relocation
and/or replacement, and other construction activities that may affect on -site vegetation,
sensitive area, sensitive area buffer, and/or shoreline zone.
B. Permit Materials Waiver. The Director may waive the requirement for any or all
plans or permit items specified in this section upon finding that the information on the
application is sufficient to demonstrate that the proposed work will meet the approval
criteria detailed in this chapter and other City ordinances. Such waiver of a requirement
shall not be construed as waiving any other requirements of this chapter or related
regulations.
C. Permit Application Fee. A Tree Permit fee shall be paid at the time an
application or request is filed with the department, pursuant to TMC Section 18.88.010,
except as otherwise noted in this chapter. All fees shall be paid according to the Land
Use Fee Schedule in effect at the time of application. There is no permit fee for submittal
of the Tree Inventory Survey.
Section 60. TMC Section 18.54.050 Amended. Ordinance Nos. 2570 §6 and 1758
§1 (part), as codified at TMC Section 18.54.050, are hereby amended to read as follows:
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18.54.050 Permit Approval Criteria, General
All Tree Permit applications shall meet the criteria outlined below for approval.
1. Existing trees will be retained on -site to the maximum extent possible as
required by TMC Section 18.54.060 and as recommended in the Qualified Tree
Professional report, if applicable.
2. Tree protection will be implemented as required in TMC Section 18.54.070.
3. Tree replacement will be implemented as required in TMC Section
18.54.080; unless no replacement is required per TMC Section 18.54.080, Table A.
4. Tree replacement funds will be deposited into the City of Tukwila Tree Fund,
as described in TMC Section 18.54.100, if required.
5. A performance assurance will be submitted as required in TMC Section
18.54.110.
Section 61. TMC Section 18.54.060 Amended. Ordinance Nos. 2570 §7 and 1758
§1 (part), as codified at TMC Section 18.54.060, are hereby amended to read as follows:
18.54.060 Tree Retention Standards
A. As many Significant, Exceptional and Heritage Trees as possible are to be
retained on a site proposed for development or re -development, particularly to provide a
buffer between development, taking into account the condition and age of the trees. As
part of a land use application such as, but not limited to, subdivision or short plat review,
design review or building permit review, the Director of Community Development or the
Board of Architectural Review may require reasonable alterations to the arrangement of
buildings, parking or other elements of the proposed development in order to retain
Significant, Exceptional or Heritage non-invasive Trees.
B. Topping and pruning of more than 25% of the canopy of trees is prohibited and
considered removal and subject to replacement requirements of TMC Section 18.54.080.
C. Removal or topping of trees located on undeveloped properties is prohibited
except:
1. Those that interfere with access and/or passage on public trails; or
2. When trees, including alders and cottonwoods, have been determined to be
one of the following by a Tree Risk Assessment prepared by a Tree Risk Assessor, and
where the risk cannot be reduced to Low with mitigation, such as pruning:
a. Moderate risk with significant consequences;
b. Moderate risk with severe consequences;
c. High risk with a Target or Risk Target; or
d. Extreme risk.
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3. Factors that will be considered in approving such tree removal include, but
are not limited to, tree condition and health, age, risks to life or structures, and potential
for root or canopy interference with utilities.
D. Protection of trees shall be a major factor in the location, design, construction
and maintenance of streets and utilities. Removal or significant damage that could lead
to tree death of Significant, Exceptional or Heritage Trees shall be mitigated with on- or
off -site tree replacement as required by this chapter.
E. A Qualified Tree Professional shall provide an assessment of any tree proposed
for retention in a proposed development to ensure its survivability during construction.
F. The Department shall conduct a tree canopy assessment every five years from
the date of the adoption of this chapter to ensure the tree canopy goals of the
Comprehensive Plan are being met.
Section 62. TMC Section 18.54.080 Amended. Ordinance Nos. 2570 §9 and 1758
§1 (part), as codified at TMC Section 18.54.080, are hereby amended to read as follows:
18.54.080 Tree Replacement
A. Replacement Exemption for Single -Family Tree Removal. Except for
Heritage Trees, the removal of Significant Trees, depending on the size within any 36-
month period on a property zoned Low Density Residential and improved with a single-
family dwelling, is permitted, subject to the requirements of Table A below.
TABLE A —
Single Family Tree Removal without Replacement Limits
Trees (DBH)
# of Trees in 36 month period that
can be removed without
replacement
>6-8"
4
>8-18"
2
>18"
1 and no other trees
(') A combination of trees of different sizes may be removed without
replacement so long as the total number of trees removed does not
exceed the number allowed for the largest tree removed in a 36-month
period. See Tree Permit Application for additional details.
B. Replacement Standards.
1. Each existing Significant Tree removed, including removal of trees in
easements and rights -of -way for the purposes of constructing public streets and utilities,
shall be replaced with new tree(s), based on the size of the existing tree as shown below,
up to a maximum density of 100 new trees per acre, generally 12-15 feet apart. If the
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number of required replacement trees exceeds site capacity, payment is required into the
City's Tree Fund.
2. Tree Replacement Ratios. Table B (below) establishes tree replacement
ratios when Significant, Exceptional or Heritage Trees are removed. For properties zoned
Low Density Residential and improved with a single-family dwelling, when the number of
trees permitted to be removed in a 36-month period, as shown in Table A, has been
exceeded, the replacement ratios set forth in Table B apply. Trees damaged due to
natural disasters, such as wind storms, hail, ice or snow storms, and earthquakes, are
not required to be replaced. Trees determined to be Defective by the City or a Qualified
Tree Professional, are not required to be replaced. Any tree removal on undeveloped
properties is subject to replacement ratios in Table B. Illegal topping and pruning more
than 25% in a 36-month period is subject to replacement ratios in Table B.
3. The property owner is required to ensure the viability and long-term health
of trees planted for replacement through proper care and maintenance for the life of the
site's improvement. Replaced trees that do not survive must be replanted in the next
appropriate season for planting.
4. If all required replacement trees cannot be accommodated reasonably on
the site, the applicant shall pay into the Tree Fund in accordance with the Consolidated
Permit Fee Schedule adopted by resolution of the City Council.
TABLE B — Tree Replacement Requirements
Replacement
Trees
ratio for trees
(DBH)
that are subject
to re lacement
6-8"
1:1
>8-18"
1:2
>181,
1:3
5. Tree replacement shall also meet the standards in TMC Section 18.54.160.
Section 63. TMC Section 18.54.110 Amended. Ordinance Nos. 2570 §12 and
1758 §1 (part), as codified at TMC Section 18.54.110, are hereby amended to read as
follows:
18.54.110 Performance Assurance
To mitigate potential damages that may result from unauthorized tree removal or
maintenance, the Director may require the applicant to submit a bond, letter of credit, or
other means of assurance acceptable to the City prior to issuance of a Tree Permit,
subject to the following provision:
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1. Tree Protection Assurance. The applicant may be required to post a three
year performance bond or other acceptable security device to ensure the installation,
maintenance and adequate performance of tree protection measures during the
construction process. The amount of this bond shall equal 150 percent of the City's
estimated cost of replacing each replacement tree. The estimated cost per tree shall be
the fair market value of the tree. Prior to DCD final inspection, any protected tree found
to be irreparably damaged, severely stressed or dying shall be replaced according to the
standards identified in this chapter. The City may release all or part of the bond prior to
the conclusion of the bonding period if the applicant demonstrates that the requirements
of this section have been satisfied and there is evidence that the protected trees will
survive. If trees designated for retention are damaged, they shall be subject to
replacement.
2. Tree Maintenance Assurance. Where replacement trees are required, the
applicant may be required to post a one-year replacement tree maintenance bond or other
acceptable security device to ensure the survival of replacement trees. The amount of
the maintenance bond shall equal 150 percent of the cost of plant material, periodic
fertilizing and pruning, and labor until tree survival is ensured. In the event a required
replacement tree becomes irreparably damaged, severely stressed or dies, the tree shall
be replaced according to the standards in this chapter. The City may release all or part
of the bond prior to the conclusion of the bonding period if the applicant demonstrates
that the requirements of this section have been satisfied and there is evidence that the
protected trees will survive. Submission of annual photos for three years documenting
that the tree is in good health will satisfy this requirement for properties zoned Low Density
Residential and improved with a single-family dwelling. Trees that do not survive the
three-year maintenance period shall be replanted and the three year maintenance period
shall restart at the time of replanting.
3. The applicant shall provide an estimate of the costs associated with the
required performance bond or other security as described above. In lieu of an applicant's
estimate, the performance assurance shall be equal to City staffs best estimate of
possible costs to meet the above requirements. In no case shall the performance -
assurance exceed an amount equal to two and one-half times the current cost of replacing
the plants in accordance with the tree replacement provisions of this chapter.
4. The performance assurances shall not be fully released without final
inspection and approval of completed work by the City, submittal of any post -construction
evaluations or following any prescribed trial maintenance period required in the permit.
5. Performance assurances provided in accordance with this chapter may be
enforced in whole or in part by the City upon determination by the Director that the
applicant has failed to fully comply with approved plans and/or conditions.
Section 64. TMC Section 18.54.160 Amended. Ordinance Nos. 2570 §17 and
1758 §1 (part), as codified at TMC Section 18.54.160, are hereby amended to read as
follows:
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170
18.54.160 Soil Preparation, Plant Material and Maintenance Standards
A. Soil Preparation.
1. Soils must be prepared for planting by incorporating compost and/or topsoil
to a depth of 12 inches throughout the planting area.
2. An inspection of the planting areas prior to planting may be required to
ensure soils are properly prepared.
3. Installation of plants must comply with Best Management Practices
including, but not limited to:
a. Planting holes that are the same depth as the size of the root ball and
two to three times wider than the root ball.
b. Root balls of potted and balled and burlapped (B&B) plants must be
loosened and pruned as necessary to ensure there are no encircling roots prior to
planting. All burlap and all straps or wire baskets must be removed from B&B plants prior
to planting.
c. The top of the root flare, where the roots and the trunk begin, should be
placed at grade. The root ball shall not extend above the soil surface and the flare shall
not be covered by soil or mulch. For bare root plants, ensure soil beneath roots is stable
enough to ensure correct height of the tree.
d. If using mulch around trees and shrubs, maintain at least a 4-inch mulch -
free ring around the base of the tree trunks and woody stems of shrubs. If using mulch
around groundcovers until they become established, mulch shall not be placed over the
crowns of perennial plants.
B. Plant Material Standards.
1. Plant material shall be healthy, vigorous and well -formed, with well -
developed, fibrous root systems, free from dead branches or roots. Plants shall be free
from damage caused by temperature extremes, pre -planting or on -site storage, lack of or
excess moisture, insects, disease, and mechanical injury. Plants in leaf shall show a full
crown and be of good color. Plants shall be habituated to outdoor environmental
conditions (i.e. hardened -off).
2. Evergreen trees shall be a minimum of 6 feet in height at time of planting.
3. Deciduous trees shall have at least a 2-inch caliper at time of planting as
measured 4.5 feet from the ground, determined according to the American Standard for
Nursery Stock as it now reads and as hereafter amended.
4. Smaller plant stock may be substituted on a case -by -case basis with
approval of the City's environmental specialist.
5. Tree spacing shall take into account the location of existing and new trees
as well as site conditions.
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171
6. Where there are overhead utility lines, the tree species selected shall be of
a type which, at full maturity, will not interfere with the lines or require pruning to maintain
necessary clearances.
C. Tree Maintenance and Pruning.
1. Pruning of trees should be (1) for the health of the plant material, (2) to
maintain sight distances or sight lines, or (3) if interfering with overhead utilities. All
pruning must be done in accordance with American National Standards Institute (ANSI)
A300 specifications, as it now reads and as hereafter amended. No more than 25% of
the tree canopy shall be pruned in any two-year period, except for fruit trees that are being
pruned to increase harvest potential. Any tree pruned in excess of 25% of the canopy
shall be subject to replacement ratios listed under TMC Section 18.54.080.
2. All protected and replacement trees and vegetation shown in approved Tree
Permit shall be maintained in a healthy condition by the property owner throughout the
life of the project, unless otherwise approved by the Director in a subsequent Tree Permit.
3. Trees may only be pruned to lower their height to prevent interference with
an overhead utility line with prior approval by the Director. The pruning must be carried
out under the direction of a Qualified Tree Professional or performed by the utility provider
under the direction of a Qualified Tree Professional. The crown shall be maintained to at
least 2/3 the height of the tree prior to pruning.
Section 65. TMC Section 18.54.190 Amended. Ordinance Nos. 2570 §20 and
1758 §1 (part), as codified at TMC Section 18.54.190, are hereby amended to read as
follows:
18.54.190 Violations
A. Failure to comply with any requirement of this chapter shall be deemed a violation
subject to enforcement pursuant to this chapter and TMC Chapter 8.45.
B. Penalties.
1. In addition to any other penalties or other enforcement allowed by law, any
person who fails to comply with the provisions of this chapter also shall be subject to a
civil penalty assessed against the property owner as set forth herein. Each unlawfully
removed or damaged tree shall constitute a separate violation.
2. Removal or damage of tree(s) without applying for and obtaining required
City approval is subject to a fine of $1,000 per tree, or up to the marketable value of each
tree removed or damaged as determined by a Qualified Tree Professional, whichever is
greater.
3. Any fines paid as a result of violations of this chapter shall be allocated as
follows: 75% paid into the City's Tree Fund; 25% into the General Fund.
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4. The Director may elect not to seek penalties or may reduce the penalties if
he/she determines the circumstances do not warrant imposition of any or all of the civil
penalties.
5. Penalties are in addition to the restoration of removed trees through the
remedial measures listed in TMC Section 18.54.200.
6. It shall not be a defense to the prosecution for a failure to obtain a permit
required by this chapter that a contractor, subcontractor, person with responsibility on the
site or person authorizing or directing the work erroneously believes a permit was issued
to the property owner or any other person.
Section 66. TMC Section 18.70.050 Amended. Ordinance Nos. 2518 §15 and
1819 §1 (part), as codified at TMC Section 18.70.050, are hereby amended to read as
follows:
18.70.050 Nonconforming Structures
Where a lawful structure exists at the effective date of adoption of this title that could
not be built under the terms of this title by reason of restrictions on area, development
area, height, yards or other characteristics of the structure, it may be continued so long
as the structure remains otherwise lawful subject to the following provisions:
1. No such structure may be enlarged or altered in such a way that increases
its degree of nonconformity. Ordinary maintenance of a nonconforming structure is
permitted, pursuant to TMC Section 18.70.060, including but not limited to painting, roof
repair and replacement, plumbing, wiring, mechanical equipment repair/replacement and
weatherization. These and other alterations, additions or enlargements may be allowed
as long as the work done does not extend further into any required yard or violate any
other portion of this title. Complete plans shall be required of all work contemplated under
this section.
2. Should such structure be destroyed by any means to an extent of more than
50% of its replacement cost at time of destruction, in the judgment of the City's Building
Official, it shall not be reconstructed except in conformity with provisions of this title,
except that in the LDR zone, structures that are nonconforming in regard to yard setbacks
or sensitive area buffers, but were in conformance at the time of construction may be
reconstructed to their original dimensions and location on the lot.
3. Should such structure be moved for any reason or any distance whatsoever,
it shall thereafter conform to the regulations for the zone in which it is located after it is
moved.
4. When a nonconforming structure, or structure and premises in combination,
is vacated or abandoned for 24 consecutive months, the structure, or structure and
premises in combination, shall thereafter be required to be in conformance with the
regulations of the zone in which it is located. Upon request of the owner, the City Council
may grant an extension of time beyond the 24 consecutive months.
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173
5. Residential structures and uses located in any single-family or multiple -
family residential zoning district and in existence at the time of adoption of this title shall
not be deemed nonconforming in terms of bulk, use, or density provisions of this title.
Such buildings may be rebuilt after a fire or other natural disaster to their original
dimensions and bulk, but may not be changed except as provided in the non -conforming
uses section of this chapter.
6. Single-family structures in single- or multiple -family residential zone districts
that have legally nonconforming building setbacks, shall be allowed to expand the ground
floor only along the existing building line(s), so long as the existing distance from the
nearest point of the structure to the property line is not reduced, and the square footage
of new intrusion into the setback does not exceed 50% of the square footage of the current
intrusion.
7. In wetlands, watercourses and their buffers, existing structures that do not
meet the requirements of the Critical Areas Overlay District chapter of this title may be
remodeled, reconstructed or replaced, provided that:
a. The new construction does not further intrude into or adversely impact
an undeveloped critical area or the required buffer, except where an interrupted buffer
waiver has been granted by the Director. However, legally constructed buildings, other
than accessory structures, may:
(1) Expand vertically to add upper stories in exchange for buffer
enhancement, provided no significant tree is removed.
(2) Expand laterally along the building side that is opposite of critical
area up to a maximum of 1,000 square feet, provided that expansion is outside 75 percent
of the required buffer; buffer enhancement is proposed; and no significant tree is
removed.
(3) Expand laterally along the existing building lines in exchange for
buffer enhancement, provided the expansion into the buffer is less than 50 percent of the
current encroachment or 500 square feet, whichever is less; expansion is outside 75
percent of the required buffer; and no significant tree is removed.
(4) Enclose within existing footprint in exchange for buffer
enhancement, provided no significant tree is removed.
welfare.
b. The new construction does not threaten the public health, safety or
c. The structure otherwise meets the requirements of this chapter.
8. In areas of potential geologic instability, coal mine hazard areas, and buffers,
as defined in the Critical Areas Overlay District chapter of this title, existing structures
may be remodeled, reconstructed or replaced, provided that:
a. The new construction is subject to the geotechnical report requirements
and standards of TMC Sections 18.45.120.B and 18.45.120.C;
b. The new construction does not threaten the public health, safety or
welfare;
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174
c. The new construction does not increase the potential for soil erosion
result in unacceptable risk or damage to existing or potential development or
neighboring properties; and
The structure otherwise meets the requirements of this chapter.
0
or
to
Section 67. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
Section 68. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 69. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force upon approval
of the Shoreline Master Program by the Washington State Department of Ecology and
publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 12020.
ATTEST/AUTH ENTICATED:
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
Attachment: Map A — Critical Area Tracts in Tukwila South
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175
176
Figure 18-59
Critical Area Tracts in Tukwila South q
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177
178
'81a
of Tkwi...
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, REPEALING ORDINANCE
NO. 2344; REPEALING THE 2011 SHORELINE MASTER
PROGRAM; APPROVING AND ADOPTING A NEW
SHORELINE MASTER PROGRAM UPDATE FOR THE
CITY OF TUKWILA TO INCORPORATE NEW STATE
REQUIREMENTS; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Green/Duwamish River, a shoreline of the state regulated under
RCW 90.58, runs through the entire length of the City of Tukwila; and
WHEREAS, RCW 90.58 finds that shorelines of the state are among the most
valuable and fragile of its natural resources and that unrestricted construction on privately
and publicly owned shorelines of the state is not in the best public interest; and
WHEREAS, RCW 90.58 establishes a hierarchy of preference for uses in shorelines
of state-wide significance: recognizing and protecting the state-wide interest over local
interest; preserving the natural character of the shoreline; resulting in long term over short
term benefit; protecting the resources and ecology of the shoreline; increasing public
access to publicly owned areas of the shorelines; increasing recreational opportunities
for the public in the shoreline; and providing for any other element as defined in RCW
90.58.100 deemed appropriate or necessary; and
WHEREAS, RCW 90.58.080 directs local governments to develop and administer
local shoreline master programs for regulation of uses on shorelines of the state; and
WHEREAS, Tukwila's current Shoreline Master Program was adopted in 2009 and
revised per Department of Ecology comments in 2011; and
WHEREAS, the City is conducting a required periodic update of its Shoreline Master
Program per RCW 90.58.080 (4)(a)(i) using the joint review process with the Department
of Ecology; and
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179
WHEREAS, the City Council adopted a Public Outreach Plan that incorporated a
variety of methods to notify the general public and property owners along the shoreline of
the proposed Shoreline Master Program update including an open house, mailings to
property owners and tenants, notice in a stormwater bill, postings on the City's website,
creation of a broadcast e-mail group who received updates of the shoreline review
process and articles in the City's newsletter "The Hazelnut;" and
WHEREAS, the Planning Commission reviewed a public review draft Shoreline
Master Program, held a public hearing on March 28, 2019, and recommended adoption
of a revised Shoreline Master Program to the City Council on April 25, 2019; and
WHEREAS, an environmental checklist was prepared for the Planning Commission
recommended draft Shoreline Master Program update and a Determination of Non -
Significance was issued May 15, 2019; and
WHEREAS, the City Council held a public hearing on June 24, 2019 to review the
Planning Commission recommended draft Shoreline Master Program; and
WHEREAS, the City Council reviewed written and verbal testimony and approved
revisions to the Planning Commission recommended draft Shoreline Master Program to
address issues raised by interested parties, individual Councilmembers, staff and the
Department of Ecology; and
WHEREAS, notice has been provided to the Washington State Department of
Commerce pursuant to RCW 36.70A.106;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Shoreline Master Program established. The Shoreline Master
Program with accompanying maps, as set forth in Attachment A, is hereby adopted and
shall become binding as of the effective date of this ordinance on all properties within the
shoreline jurisdiction.
Section 2. Repealer. Ordinance No. 2344, including the Shoreline Master Program
adopted by reference in Section 1 thereof, is hereby repealed.
Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/ subsection numbering.
Section 4. Severability. If any section, subsection, paragraph, sentence,
clause or phrase of this ordinance or its application to any person or situation should
be held to be invalid or unconstitutional for any reason by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this ordinance or its application to any
other person or situation.
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180
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Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force upon
approval of the Shoreline Master Program by the Washington State Department of
Ecology and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 12020.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Attachment A — Shoreline Master Program
Allan Ekberg, Mayor
Filed with the City Clerk:_
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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181
182
TUKWILA SHORELINE MASTER PROGRAM
t�'
Adopted by the Tukwila City Council March 2, 2020
Prepared by Tukwila Department of Community Development
with the assistance of ESA Adolfson and The Watershed Company
This report was funded in part through a grant, G0600234, from the Washington State
Department of Ecology.
183
TABLE OF CONTENTS
1. INTRODUCTION.............................................................................................1
1.1 Purpose and Background.......................................................................1
1.2 Shoreline Jurisdiction............................................................................I
2. SHORELINE MASTER PROGRAM...............................................................5
2.1 SMP Components..................................................................................5
2.2 SMP Elements........................................................................................6
2.3 History of SMP Planning in Tukwila....................................................6
2.4 Current SMP Update Process................................................................7
3. DEFINITIONS...................................................................................................8
4. SHORELINE INVENTORY AND CHARACTERIZATION —SUMMARY .8
4.1 Watershed Context and Shoreline Modifications..................................9
4.2 Biological Resources and Shoreline Functions...................................10
4.3 Land Use..............................................................................................11
4.4 Restoration Opportunities and Potential Use Conflicts .......................13
4.5 Conclusions..........................................................................................15
5. SHORELINE RESTORATION PLAN - SUMMARY...................................17
5.1 Background..........................................................................................17
5.2 Assessment of Shoreline Functions.....................................................17
5.3 Plans, Programs, and Completed Projects...........................................19
5.4 Restoration Opportunities....................................................................19
5.5 Potential Projects and Priorities...........................................................20
6. SHORELINE GOALS AND POLICIES.........................................................21
7. SHORELINE ENVIRONMENT DESIGNATIONS.......................................21
7.1 Pre 2009 Regulatory Framework.........................................................21
7.2 Key Findings of the Shoreline Inventory /...........................................22
Characterization Report and Restoration Plan
1
7.3 State Environment Designation System...............................................23
7.4 Environment Designations...................................................................26
7.5 Determination of Shoreline Buffers.....................................................31
7.6 Shoreline Residential Environment.....................................................36
7.7 Urban Conservancy Environment........................................................38
7.8 High Intensity Environment.................................................................42
7.9 Aquatic Environment...........................................................................44
8. SHORELINE USE REGULATIONS AND....................................................44
DEVELOPMENT STANDARDS
9. ENVIRONMENTALLY CRITICAL AREAS WITHIN THE
SHORELINE JURISDICTION.......................................................................45
9.1 Applicable Critical Areas Regulations................................................45
9.2 Purpose.................................................................................................46
10. PUBLIC ACCESS TO THE SHORELINE.....................................................49
11. SHORELINE DESIGN GUIDELINES...........................................................51
12. SHORELINE RESTORATION......................................................................51
13. ADMINISTRATION.......................................................................................52
13.1 Applicability of Shoreline Master Program and
Substantial Development Permit.........................................................52
13.2 Relationship to Other Codes and Regulations.....................................53
14. APPEALS........................................................................................................53
15. MASTER PROGRAM REVIEW AND AMENDMENTS .............................54
16. LIABILITY......................................................................................................54
SMP Public Review Draft Clean it 2/27/2020 185
LIST OF FIGURES
Figure 1. Pre 2009 Tukwila SMP Shoreline Management Zones (1974 SMP; TMC 18.44) 22
Figure 2.
Briscoe Levee Profile.............................................................................................
35
Figure 3.
Schematic of Shoreline Residential Environment and Buffer ................................
38
Figure 4.
Schematic of Shoreline Jurisdiction and Buffers for the
Urban Conservancy Environment in Areas without Levees ..................................
40
Figure 5.
Schematic of Shoreline Jurisdiction and Buffers for the
Urban Conservancy Environment in Areas with Levees .......................................
41
Figure 6.
Schematic of Buffer Reduction Through Placement of Fill on
LeveeBack Slope...................................................................................................
42
Figure 7.
Schematic Showing the Proposed Shoreline Jurisdiction and Buffer
for the High Intensity Environment........................................................................
43
LIST OF TABLES
Table 1. General Restoration Potential within the Shorelines of Tukwila ........................... 18
Table 2. State Recommended Environment Designation System —
WAC173-26-211 (5)............................................................................................. 25
Table 3. Summary of Buffer Widths for Land Use Zones and Shoreline ............................ 27
Ecological Conditions
LIST OF MAPS
Map 1. Annexation History and Potential Annexation Areas......................................4
Map 2. Duwamish River Transition Zone...........................................................16
Map 3. Shoreline Environments......................................................................30
Map 4. Critical Areas in the Shoreline................................................................48
Map 5. Shoreline Public Access........................................................................50
APPENDICES
A. Shoreline Inventory and Characterization Report
B. Shoreline Restoration Plan
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i. INTRODUCTION
1.1 Purpose and Background
This document presents the Shoreline Master Program (SMP) for the City of Tukwila. It is
an update to Tukwila's existing SMP, originally adopted in 1974. The SMP is intended to
guide new shoreline development, redevelopment and promote reestablishment of natural
shoreline functions, where possible. It was prepared in conformance with the Washington
State Shoreline Management Act (Chapter 90.58 RCW) and its implementing regulations
(WAC 173-26).
This Shoreline Master Program reflects changes in local conditions and priorities and the
evolving State regulatory environment.
This Shoreline Master Program presents background information on the Shoreline
Management Act, describes shoreline jurisdiction in Tukwila, summarizes the amendment
process carried out to date, presents a summary of the Shoreline Inventory and
Characterization, presents a summary of the Shoreline Restoration Plan, proposes shoreline
environments, and establishes goals, policies and regulations, which apply to all activities on
all affected lands and waters within the shoreline jurisdiction. In addition, there is a chapter
that establishes design guidelines. Maps are provided to illustrate shoreline jurisdiction and
environments. The Shoreline Inventory and Characterization Report is provided in Appendix
A. The Restoration Plan is provided in Appendix B. A Cumulative Impacts Analysis is
provided as a stand-alone document.
1.2 Shoreline Jurisdiction
A. Jurisdiction under the Shoreline Management Act
The Shoreline Management Act, or SMA (RCW 90.58), establishes regulations for the
management and protection of the state's shoreline resources and requires planning for
reasonable and appropriate uses. The Act calls for a joint planning effort between state and
local jurisdictions, requiring local government to develop its own Shoreline Master Program
based on state guidelines.
The SMA requires that local governments establish shoreline jurisdiction for those bodies
of water and lands that are considered to be "shorelines of the state" or "shorelines of
statewide significance." Shorelines of the state include rivers with a mean annual flow of
at least 20 cubic feet per second (cfs). Shorelines of statewide significance in western
Washington include rivers with a mean annual flow of at least 1,000 cubic feet per second
(cfs). The minimum shoreline environment required by the SMA includes all lands 200
feet from the "ordinary high water mark" or floodway of a state shoreline, whichever is
greater, and all wetlands associated with these state shorelines and located within the 100-
year floodplain. The following graphic illustrates the jurisdiction of the Shoreline
Management Act.
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Ordinary high
water mark
(OHWM)
-1
-IIII -
-1111
=IIII -IIII
-IIII-IIII-IIII—
IIII -IIII -IIII -IIII -IIII-IIII-11
IIII-IIII-IIII-IIII=IIII-IIII-III
lilt - lilt = IIII = ]III - lilt = IIII = IIII
I _ I 9nn, _ I
100
Wetland in 100 year
Flood plain
200' from OHWM or flood way and
all marshes, bogs, and swamps in
100 year flood plain
200' from OHWM and 100 year flood plain
Figure 1.1 Lands and waters under the jurisdiction of the Shoreline Management Act
B. Shoreline Jurisdiction in Tukwila
The Green/Duwamish River is the only "shoreline of statewide significance" in the city
(RCW 98.58.030). A small portion of the Black River, a shoreline of the state, is also
located in Tukwila. Throughout the SMP document, the term "Shoreline Jurisdiction" is
used to describe the water and land areas subject to shoreline jurisdiction in Tukwila.
Based on SMA guidelines for shoreline jurisdiction, Tukwila's Shoreline Jurisdiction is
defined as follows:
The Tukwila Shoreline Jurisdiction includes the channel of the
Green/Duwamish River and the Black River, its banks, the upland
area which extends from the ordinary high water mark landward for
200 feet on each side of the river, floodways and all associated
wetlands within its floodplain. For the purpose of determining
shoreline jurisdiction only, the floodway shall not include those
lands that have historically been protected by flood control devices
and, therefore, have not been subject to flooding with reasonable
regularity.
The Tukwila SMP applies to all development activity occurring within the Shoreline
Jurisdiction, which corresponds to the Shoreline Overlay District as established by Chapter
18.44 of the Tukwila Municipal Code.
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All proposed uses and activities under its jurisdiction must be reviewed for compliance with
the goals, policies and regulations referenced herein. All proposed uses and development
occurring within shoreline jurisdiction must conform to chapter 90.58 RCW, the Shoreline
Management Act and this Master Program whether or not a permit is required.
This Master Program includes the two proposed annexation areas indicated in the
Comprehensive Plan (Map 1). The north annexation area is located between the
Green/Duwamish River on the east, Military Road to the west, and from S. 128th Street north
to S. 96th Street. The south annexation area is located between I-5 and the Green River, south
of the City limits to S. 204th Street. Adoption of shoreline policies and environment
designations for newly annexed areas would require an amendment to the Shoreline Master
Program. To avoid having to amend the SMP later, these potential annexation areas are
considered here and the environmental designations and regulations will apply upon
annexation.
In response to regional policies of the King County Growth Management Planning Council,
Tukwila designated two key areas as its Urban Center and its Manufacturing Industrial Center
(MIC). The Southcenter area, from I-405 south to S. 180th Street was designated the "Urban
Center;" and the Duwamish Corridor, an area where existing industrial employment is
concentrated, was designated as Tukwila's "Manufacturing Industrial Center." Both of these
areas have lands adjacent to the Green River and are identified on Map 1.
The City Council adopted a Strategic Implementation Plan for the MIC on November 2, 1998.
The Plan includes an analysis of existing conditions along the shoreline, narratives of various
habitats, current regulations, proposed requirements and prototypes for future development
along the shoreline in the MIC. The Strategic Plan was prepared in conjunction with a
Planned Action Environmental Impact Statement that analyzed development alternatives in
the MIC area and streamlined SEPA review for development in that corridor for the past 20
years. Where changed circumstances dictate, the SMP will provide updated guidance and
regulations for the MIC area. The MIC area has significant potential for redevelopment.
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It, Map 1
1
� Annexation
History and
•.� Potential
Annexation
Areas
Turning BasinJ�fi%
Legend
a ry Tukwila City Limits
Tukwila Urban Center
Manufacling /Industrial Center
r Potential Annexation Areas
Green / Nwamish River
Shoreline Annexed After 1974
sz+nr.
Man ufacluringllndustria l
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r' /� / !/ Tukwila Urban
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4
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2. TUKWILA'S SHORELINE MASTER PROGRAM
2.1 SMP Components
This SMP document contains the SMA overview and background related to the development
of the SMP Comprehensive Update in 2011 as updated through the 2019 Periodic Review
process. To comply with the SMA, Tukwila has included the following components in this
Shoreline Master Program (SMP):
• Outreach including a citizen participation process, and coordination with state
agencies, Indian tribes, and other local governments (see Section 2.4)
• Inventory, analysis and characterization of shoreline conditions, environmental
functions and ecosystem -wide processes
• Analysis of potential shoreline restoration opportunities
• Establishment of shoreline environments
• Shoreline Design Guidelines that have been codified in TMC Chapter 18.44
• Evaluation and consideration of cumulative impacts
The Shoreline Element of the Comprehensive Plan:
• Contains the SMP goals and policies that have been adopted in the Shoreline
Element of the Comprehensive Plan (Ordinance No. 2413, October 21, 2013)
The Shoreline Regulations:
• Development regulations that have been codified in TMC Chapter 18.44
(Ordinance No. 2627, March 2, 2020)
• Development regulations that have been codified in TMC Chapter 18.45
(Ordinance No. 2625, March 2, 2020)
• Shoreline Design Guidelines that have been codified in TMC Chapter 18.44
(Ordinance No. 2627, March 2, 2020)
• Board of Architectural Review Shoreline Design Criteria found in TMC Section
18.60.050 (Ordinance No. 2627, March 2, 2020)
• Shoreline Landscape Requirements that have been codified in TMC Chapter
18.52 (Ordinance Nos. 2625 and 2627, March 2, 2020)
• Definitions provided in TMC Chapter 18.06 (Ordinance Nos. 2625 and 2627,
March 2, 2020)
• Portions of the Critical Areas Protection Provisions that have been codified in
TMC Chapter 18.45 (Ordinance No. 2625, March 2, 2020) with exclusions
identified in Subsection 9 of this document and within TMC Chapter 18.44.
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2.2 SMP Elements
The SMA includes eight main issues, or "elements," to be addressed in each local shoreline
master program (RCW 90.58.100). To implement these elements, shoreline policies and
regulations are to be developed for each. The policies are found in the Shoreline Element of
the Comprehensive Plan and the regulations in Chapters 18.44 and 18.45 of the City's Zoning
Code. The elements required by the SMA are:
Economic Development
Public Access
Recreation
Circulation
Shoreline Uses
Conservation
Historical, cultural, educational and scientific element
Preventing or minimizing flood damage
Consistent with the Growth Management Act requirement to integrate the SMP and the
Comprehensive Plan, the City incorporated the required elements of a SMP noted above into
its Plan. Further direction for implementation of the required elements of SMPs is provided
through Zoning Code and Design Review requirements.
2.3 History of SMP Plannin1l in Tukwila
Tukwila's Shoreline Master Program (SMP) was first adopted in 1974, in response to the
passage of the Shoreline Management Act (RCW 90.58). The SMP was later updated through
minor amendments in 1982 and 1987, none of which required the adoption of a new SMP.
In 1992-1993, as part of the preparation for a major revision to the City's Comprehensive
Plan, the City completed a Shorelines Background Report (1993), with the participation of
the Tukwila Tomorrow Citizen's Committee. This report established the basis for the
shoreline comprehensive plan goals and policies adopted in 1995.
Staff began the process to prepare a new SMP in 1999, based on the draft shoreline
guidelines that were in the process of adoption by the Department of Ecology at the time.
A grant from the Washington State Department of Ecology provided funding for a
Shoreline Inventory of all parcels within the 200 foot shoreline jurisdiction and a Shoreline
Design Manual.
New shoreline regulations approved by Ecology in 2000 were immediately appealed and
ultimately invalidated by the Shoreline Hearings Board in 2001. As a result, the City opted
to defer completing its SMP update process until new guidelines were issued by Ecology,
which occurred in 2003.
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In 2005, Tukwila received a grant (SMA Grant No. 0600234) to complete a comprehensive
update, including new technical analyses of shoreline conditions, restoration planning, and
the preparation of revised SMP goals, policies, and regulations.
In order to capitalize on previous citizens' involvement in the planning process, the City
decided to start the SMP update with the work begun in 1999, with revisions to address new
Ecology regulations and guidance, as well as changed conditions in the City's shoreline area.
The development of any SMP, as required by new shoreline regulations, involves three
specific steps:
• Shoreline inventory and characterization, preparation of a restoration plan,
preparation of a cumulative impacts analysis;
• Citizen involvement in development of policies and regulations; and
• Review by interested parties, including adjacent jurisdictions.
As part of this 2009 SMP update process, the City:
• Continued the previously started citizen involvement program utilizing the
Planning Commission, which serves as the City's permanent citizen advisory
body for land use issues, holding open houses and public hearings
• Coordinated and shared information with neighboring jurisdictions
• Updated and expanded the Shoreline Inventory and mapping (included as
Appendix A to this document)
• Prepared a Shoreline Restoration Plan (Appendix B)
• Proposed shoreline environment designations
• Proposed shoreline development policies
• Proposed shoreline development regulations
• Prepared a draft Cumulative Impacts Analysis
• Coordinated with Department of Ecology, submitting a staff draft SMP for review
and comment and meeting with Ecology staff
2.4 Current SMP Update Process
The City of Tukwila completed a comprehensive update to its Shoreline Master Program
in 2009, with additional revisions made in 2011. Washington State law requires
jurisdictions to periodically review and update their SMPs every eight years in accordance
with the SMA and its current guidelines and legislative rules to attain state approval. The
City of Tukwila's update started with an open house in the fall of 2018 and will be complete
in 2019.
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This periodic update is focused on:
• Reviewing relevant legislative updates since 2009 and incorporating any applicable
amendments.
• Ensuring consistency with recently adopted regulations for critical areas and flood
hazard areas.
• Streamlining and eliminating duplication in the documents.
• Addressing a limited number of policy questions such as a required levee profile,
use of flood walls and incentives for public access.
This periodic update will not:
• Re-evaluate the ecological baseline which was established as part of the 2009
comprehensive update.
• Extensively assess no net loss criteria other than to ensure that proposed
amendments do not result in degradation of the baseline condition.
• Change shoreline jurisdiction or environment designations.
3. DEFINITIONS
Definitions used in the administration of the Shoreline Master Program are incorporated
into the Definitions Chapter of the Zoning Code, TMC Chapter 18.06. In addition to the
definitions provided in TMC Chapter 18.06, Chapter 90.58 RCW, Chapter 173-26 WAC,
and Chapter 173-27 WAC apply within the shoreline jurisdiction. Where definitions in the
Tukwila Municipal Code conflict with state definitions, the definitions provided in RCW
or WAC shall control.
4. SHORELINE INVENTORY AND CHARACTERIZATION—
SUMMARY
Local jurisdictions updating their Shoreline Master Program (SMP) are required to prepare
an inventory and characterization of the shoreline resources within their boundaries. As
part of the City's prior SMP update, a Draft Inventory and Characterization Report and
Map Folio was prepared in December 2006, and finalized in the spring of 2007 following
technical review by Ecology and King County. The final report and map folio are included
as Appendix A to this SMP. While the report has been finalized, the City continues to
utilize the most recent information available, such as the recently updated FEMA (Federal
Emergency Management Agency) Revised Preliminary Digital Flood Insurance Rate Maps
(DFIRM), which were issued after the completion of the Inventory and Characterization
report.
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The purpose of the Inventory and Characterization Report was to conduct a baseline
inventory of conditions for water bodies regulated as "shorelines of the state" located in
the City of Tukwila. The area regulated under Tukwila's SMP is approximately 12.5 linear
miles along the banks of the Green/Duwamish River.
For the baseline inventory, the river shoreline was divided into four reaches:
1) Reach G1-PAA (southern Potential Annexation Area);
2) Reach G1 (from the southern City boundary downstream to the Black
River/Green River confluence);
3) Reach G2 (from the Black River/Green River confluence downstream to the
northern City limits); and
4) Reach G2-PAA (the northern Potential Annexation Area).
The reaches are depicted on Map 3.
The shoreline characterization identifies existing conditions, identifies current uses and
public access, evaluates functions and values of resources in the shoreline jurisdiction, and
explores opportunities for conservation and restoration of ecological functions. The
findings are intended to provide a framework for updates to the City's shoreline
management goals, policies, and development regulations. Key findings of the inventory
and characterization are summarized below.
4.1 Watershed Context and Shoreline Modifications
The City of Tukwila includes approximately 12.5 miles of the Green/Duwamish River and
is situated in the Puget Sound Lowlands at the transition from the fresh water Green River
to the tidally influenced Duwamish estuary ecosystem. The Green River basin is part of
the Green/Duwamish Water Resource Inventory Area (WRIA 9).
Historically, the Green/Duwamish River drained a significantly larger area than it does
today. The Green/Duwamish River has undergone extensive modifications in the past to
reduce channel migration and limit the extent and duration of valley flooding. The
modifications include both natural river course changes and major engineering projects in
the early part of the 20th Century that diverted the White, Black and Cedar Rivers to
neighboring basins. As a result, the overall freshwater discharge in the Green/Duwamish
River has been reduced to around a third of the pre -diversion era.
Seven pump stations also modify flows into the Green and Duwamish Rivers. Three of the
pump stations, Black River, P-17, and Segale, are operated by the Green River Flood
Control District, and four stations, Lift Stations 15, 17, 18, and 19 are operated by the City
of Tukwila. The Black River pump station is the largest station discharging flows to the
Duwamish River. This station is approximately 1,000 feet upstream of the Green —Black
River confluence, and is intended to both block floodwaters from the Green from
inundating the Black River and Springbrook Creek in the City of Renton, and also regulates
flows from Springbrook Creek into the Duwamish River. The P-17 pump station drains
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the P-17 Pond that collects surface water from a majority of the Urban Center. The Segale
pump station was installed to regulate soil saturation and piping during high river events
but does not add new flows to the river. The remaining City pump stations only operate
when gravity discharge to the river is prevented by high river events.
Levees and/or revetments were constructed along much of the Green/Duwamish River
through the City of Tukwila to increase bank strength and reduce flooding. In addition,
flows within the Green/Duwamish River were greatly modified by the construction of the
Howard A. Hanson Dam and installation of water diversions. These modifications
significantly reduced the severity of floods that historically covered much of the valley
bottom. The condition of the current system of levees and revetments is a growing source
of concern for King County and the cities involved, as many of the levees are aging and
do not meet current standards for either flood conveyance or stability. The Tukwila 205
levee on the left bank of the river in the Urban Center is not certified and areas protected
by this levee have been designated as "secluded" and regulated as outside of the 100-year
Special Flood Hazard on the proposed 9/15/2017 FEMA Revised Preliminary Digital
Flood Hazard Insurance Rate Maps (DFIRM). Other levees in the City also do not meet
Corps of Engineers standards and are mapped as floodplain. These include portions of the
Tukwila South area and levees along the right bank of the river.
4.2 Biological Resources and Shoreline Functions
The Green/Duwamish River within the City of Tukwila provides important habitat for
several fish and some wildlife species, such as osprey. The aquatic environment within the
channel is an important corridor located at the transition from the freshwater riverine
environment to tidal estuarine environment of Elliott Bay. Almost every species of
anadromous fish migrates through this Transition Zone. The entire length of the
Green/Duwamish River within the City of Tukwila has been declared "critical habitat" for
Chinook salmon, Steelhead trout and bull trout. These species are listed as threatened
under the Federal Endangered Species Act.
One particularly important feature of Tukwila's shorelines is the habitat functions provided
by the Transition Zone between fresh and salt water associated with the Duwamish estuary.
In Tukwila, this area generally extends from the East Marginal Way bridge to the city's
northern limits. The Transition Zone between fresh and salt water has effectively been
pushed upstream from its historic location due to: (1) a significant reduction (70%) of
fresh water flowing into the Duwamish estuary (owing to the diversion of the White and
Cedar/Black Rivers); (2) channel dredging; and (3) reduction of flows as a result of the
construction of the Howard A. Hanson Dam. The establishment of heavy industrial uses
in the Transition Zone has replaced wetlands with impervious surfaces, and the stream
banks have been replaced by levees and other armoring, eliminating edge habitat which
slows flows and creating unrestrained rapid downstream flows. Spatial structure, residence
time, and the habitat available for fish refugia and rearing functions in the Duwamish
estuary have therefore been reduced and constrained. High densities of fish have been
observed utilizing what is left of this specific habitat. At the watershed scale, overall
increases in salmonid survival rates are dependent on the availability of sufficient
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Transition Zone habitat to accommodate fish while they adjust from fresh to salt water
(WRIA 9 Steering Committee, 2005).
Modifications to the river system have resulted over time in reduced levels of ecosystem
functioning, including hydrology, water quality, riparian habitat, and in -stream habitat.
Changes to hydrology are the result of modified flow regime due to dam construction,
diversion, and urban development. River management, piping of streams including the use
of tide -gates, pumped storm discharges, and levees have reduced the connection between
the rivers and their floodplains, changing the spatial extent of habitats, and increasing the
potential for negative water quality impacts. Disturbances to the channel banks have
resulted in areas that are dominated by non-native invasive species and generally devoid
of sufficient riparian vegetation. Wood, in the form of riparian trees and in -channel wood,
is generally lacking throughout the system, which negatively impacts riparian and aquatic
habitats as well as river temperatures that periodically exceed state standards and create
lethal and sublethal conditions for adult salmon.
4.3 Land Use
A. A History of the Green/Duwamish River and Tukwila's Shoreline: Origins of Land
Development Patterns
The Green River drains 492 square miles extending from the western Cascade Mountains to
Elliott Bay. The City of Tukwila lies at the lower 1/4 of the overall watershed. As the Green
River flows into the southern boundary of the City of Tukwila, it has drained approximately
440 square miles, or about 78 percent of its total drainage basin. Approximately 12.5 river
miles of the Green/Duwamish River are included within the City of Tukwila, from about River
Mile (RM) 16 to RM 3.7.
The Green/Duwamish River channel has been highly modified during the last 150 years.
Modifications range from the installation of levees and revetments to straightening and
dredging for navigation purposes. In general, the level of physical modification to the system
increases with distance downstream, culminating at the artificial Harbor Island that supports
industrial activities at the Port of Seattle. Several turning basins are maintained by periodic
dredging throughout the straightened reach. The highly modified portion of the
Green/Duwamish has also been the location of significant discharge of pollutants, resulting in
portions of the river being designated as Federal Superfund sites. Remediation, source control
and disposal activities are ongoing throughout the area.
Prior to European settlement of the Lower Green River Valley, the floodplain likely consisted
of a highly interspersed pattern of active and temporarily abandoned meandering channels,
secondary channels, logjams, riparian forest, and scrub -shrub wetlands. The proportion of
open channel to forest in the floodplain appears to have varied depending on the severity and
timing of floods. High flows resulted in wider channels and the creation of new channels
across the floodplain. Accounts of the channel systems indicate that major floods resulted in
channel avulsion (abrupt change in the course of a river), rerouting around logjams, and the
formation of new logjams. The area presently occupied by the City of Tukwila appeared
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historically to contain oxbow channels, secondary and backwater channels, and extensive
floodplain wetlands.
As part of regional flood control and river management efforts, significant watershed -scale
changes occurred to the major river drainages south of Elliott Bay, including changes to the
alignments and discharge points of the Cedar, Black, Green and White Rivers. In general,
these changes have reduced the amount of water flowing through the Green/Duwamish River
to approximately one third of historic conditions and have impacted fish habitat.
Land use changes between European settlement and the current day have occurred in two
general phases. From the mid 1800s to World War II, agriculture and timber harvesting
dominated the Lower Green River Valley. Population densities in the Lower Green River
Valley remained low until the Howard A. Hanson Dam project was completed in 1962,
providing flood protection for the valley. Levees have also been constructed along the banks
of the Green/Duwamish River, ranging from federally -certified levees to non -engineered
agricultural berms. Since the dam and levee systems have significantly decreased the extent
of flooding within the Lower Green River Valley, land development and urbanization have
occurred. For more discussion on the character of the Green/Duwamish River and an
inventory of river conditions, see the Shoreline Inventory and Characterization Report
prepared by ESA/Adolfson, May 2007, found in Appendix A.
Historically, the Green/Duwamish River Valley was known for its farmland. Farming was
established in the early 1900's after forested areas were cleared and transportation to the area
was improved. In 1906, construction of the Lake Washington Ship Canal eliminated flows
of the Black River into the valley, reducing valley flooding. As a result, the river valley
developed into highly productive farmland for the region.
In the early 1950's, the Port of Seattle proposed to convert much of the Green/Duwamish
River Valley to intensive industrial uses. These plans included converting the river into a
shipping canal, possibly reaching as far south as the City of Auburn. Valley landowners
countered this proposal by annexing large tracts of land into Tukwila to retain more control
over future land use decisions. With the construction of the Howard A. Hanson Dam in 1962
on the upper Green River, flooding in the valley was further reduced. Much of the river is
now contained within levees and surrounded by commercial and industrial development.
The Port's actions in the northern part of the River and drastic reduction in river flooding have
had a major influence on the development of the river valley. Today, Tukwila's portion of the
Green/Duwamish River is known as a center for retail, commercial and industrial uses. The
river remains inaccessible to shipping activity south of the Turning Basin, where it can be
accessed primarily by small watercraft, kayaks and canoes only. Land uses along the river
are mostly commercial and industrial activities, with a few residential areas. With the
designation of the Southcenter area as an Urban Center and the Duwamish Corridor as a
Manufacturing Industrial Center (MIC), this development pattern is expected to continue, and
to intensify as redevelopment occurs.
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B. Riverbank Vegetation
The natural environment along the river has been significantly altered from its original
riparian corridor by intense urban development and riverbank modification due to the
construction of levees, revetments or other shoreline armoring. Most native stands of trees
are gone, but have been replaced by new trees and plants in some areas. Landscaping with
native and non-native plantings have also been completed in conjunction with new
development along the corridor. Birds and small mammals are supported in both habitats.
While more natural habitat is found upstream, redevelopment of the shoreline has the potential
to provide appropriate landscaping and restoration of habitat that are more attractive to
wildlife and people and a more environmentally sensitive form of development
C. Public Access
The regional Green River Trail provides public access to existing shoreline amenities and
plans anticipate future linkages to Seattle's system. As redevelopment occurs, there will be
opportunities to provide other types of public access, including viewing platforms, boat ramps
and fishing areas.
4.4 Restoration Opportunities and Potential Use Conflicts
Past restoration work focused on the Green\Duwamish River (in Water Resource Inventory
Area 9) has resulted in good data collection and identification of potential restoration
opportunities. Significant restoration activities along the Green\Duwamish River are
already underway in the form of the multi -agency Green River Ecosystem Restoration
Project. Several opportunities have been identified on the river as part of the recently
adopted King County Flood Hazard Management Plan. Restoration opportunities focus on
several key elements:
• Removing non-native, invasive plant species and re -vegetating with native riparian
forest species;
• Removing artificial debris and walls that harden channel banks;
• Integrating the reconnection of floodplains, levee setbacks, and other ecosystem
restoration techniques with future flood and river management efforts; and
• Property acquisition to allow for levee setbacks, side channel reconnection, and
channel migration.
Two key issues illustrate constraints to implementing restoration and potential use conflicts
in Tukwila:
1) levee maintenance and management; and
2) existing development patterns and anticipated redevelopment.
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Discussion of shoreline planning for the Green River in Tukwila must acknowledge the
fact that, in light of the existing system of levees (including the federally authorized "205"
levees) and revetments, the City cannot act alone. There are a variety of regulatory
jurisdictions outside of the City with different responsibilities for maintenance,
management, and regulating of the levee system, including the U.S. Army Corps of
Engineers (the Corps), the Federal Emergency Management Agency (FEMA), King
County Flood Control District (KCFCD), and private property owners. The City of
Tukwila Public Works Department has overall responsibility for maintenance of all levees,
including the federally authorized Tukwila 205 levee, which extends from about the I-405
crossing to approximately S. 196th Street. The actual maintenance work on public levees
is performed by KCFCD.
The restoration of native tree and shrub species along the levees would increase riparian
habitat ecological functioning of this reach of the Green/Duwamish River, benefiting
salmonids as well as other species. However, the Corps of Engineers (responsible for
certifying the federal levee) believes that the root system of these trees could destabilize
levees, resulting in water piping (e.g., water infiltrating into and through levees along root
pathways at higher rates than it could through root -free soil) at high flows, and potential
levee failure if trees fall. For the Vegetation Free Zone of the levee, current Corps guidance
only allows grass as vegetative cover on the levees (USACOE, Engineering Manual 1110-
2-301). Current guidance also specifies a root -free zone where plantings can occur, but
roots will generally not penetrate this structural zone. Therefore, under current regulations,
to meet the requirements for federal levee certification, some vegetation was recently
removed and ongoing vegetation management will be required to maintain the levee
certification.
Under the SMA, removing trees and vegetation from the riparian zone of shorelines of the
state is in conflict with policies for vegetation conservation and enhancement. A possible
solution is to step back and re -slope the levees to create mid -slope benches where
vegetation can be planted that will not interfere with the levee prism as the levee system is
reconstructed to improve its stability. This would require additional easement area beyond
the existing maintenance easements that have been acquired along the length of the system.
The existing development pattern also represents constraints to implementing restoration
projects, including levee setbacks, off -channel habitat restoration, wetland and stream
restoration, and riparian zone enhancements. Most of Tukwila is fully developed, with
portions having a dense, urbanized land use pattern. The City's first SMP, in place since
1974, established a 40-foot setback from the mean high water line. In places that have not
been redeveloped under current regulations there is little more than this 40-foot zone that
is not intensely developed. Some places have somewhat more open space and less
development and thus have greater flexibility to accommodate potential habitat restoration
actions. The City's vision for future land use, based on its Comprehensive Plan, includes
maintenance and further development of its urban character, particularly its identity as a
regionally significant center for manufacturing, industrial, and commercial development.
A challenge lies ahead in determining how best to accommodate new and redevelopment
near the shoreline in a manner consistent with both the Comprehensive Plan and the
Shoreline Master Program in order to achieve "no net loss" of shoreline function.
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4.5 Conclusions
Like many rivers in the Puget Sound region, the course and dynamics of the
Green/Duwamish River have changed significantly as a result of development and
alteration of its watershed over the past century or so. Characteristic of many cities in the
region, Tukwila has grown and become highly urbanized. Continued growth is anticipated
and the City is planning for that growth. To a significant degree, the City has envisioned
and maintained a development pattern that preserved public access to the Green River and
assured setbacks of new buildings from the shoreline. Issues of concern today are focused
on reconstructing existing levees and revetments to protect existing development from
flood hazards and restore habitat, an effort that will take place over a number of years in
coordination with the King County Flood Control Zone District, King County and state
and federal agencies. There are many opportunities for conservation and restoration
actions in the City to restore or replace habitat while managing natural hazard areas.
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5. SHORELINE RESTORATION PLAN -SUMMARY
5.1 Background
The state guidelines require that local governments develop SMP policies that promote
"restoration" of impaired shoreline ecological functions and a "real and meaningful"
strategy to implement restoration objectives. The City's Shoreline Inventory and
Characterization Report identifies which shoreline ecological functions and ecosystem
processes have been impaired. Local governments are further encouraged to contribute to
restoration by planning for and supporting restoration through the SMP and other
regulatory and non -regulatory programs. As part of the SMP update process, the City
developed a Draft Shoreline Restoration Plan in February 2007. The draft plan was
finalized in May 2008 following technical review by King County and Ecology, and has
since been updated to include additional potential projects, address Ecology comments and
refocus priorities to projects within the Transition Zone. The Shoreline Restoration Plan
is included as Appendix B to the SMP.
The restoration plan builds on the Inventory and Characterization Report and provides a
framework to:
• Identify primary goals for ecological restoration of the Green/Duwamish
ecosystem;
• Identify how restoration of ecological function can be accomplished;
• Suggest how the SMP update process may accomplish the restoration of impaired
shoreline functions associated with the Green/Duwamish ecosystem; and
• Prioritize restoration projects so that the highest value restoration actions may be
accomplished first.
5.2 Assessment of Shoreline Functions
As summarized in the previous section, the shoreline inventory and characterization
analysis examined riverine and estuarine ecosystem processes that maintain shoreline
ecological functions, and identified impaired ecological functions. The inventory report
identified key ecosystem processes, and provided a qualitative assessment of their levels
of functioning at both a watershed and city reach scale. Key ecosystem functions identified
in the inventory, their level of alteration, and potential restoration actions are summarized
in Table 1.
As noted in the Shoreline Inventory and Characterization Report and summarized in the
Shoreline Inventory and Characterization Summary Section, many of the alterations to
shoreline functions and ecosystem processes in the Green/Duwamish River are due to
watershed scale issues within the upper watershed that cannot be fully restored or addressed
in the lower river section through Tukwila. However, hydrologic, water quality, and
habitat restoration measures in the City do have the potential to improve the overall
functioning of this important section of the Green/Duwamish River ecosystem that includes
the Transition Zone from fresh to salt water.
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Table 1. General Restoration Potential within the Shorelines of Tukwila
Function
Function
Alterations to natural functioning
Potential Restoration Action within the
Category
City
Presence of flood protection structures
(e.g., levees, riverbank revetments,
1. Modify current levees and revetments to
flood gates) and significant fill and
increase channel and floodplain
is H drolo
Hydrologic
Channel-Floodplain
development along the shoreline limit
interaction;
Interaction
channel-floodplain interactions in
2. Excavate back or side channels.
Tukwila.
Implement enhanced stormwater Best
Upland sediment
Fine sediment contribution to the river is
Management Practices for fine sediment
Hydrologic
generation
increased due to build-up and wash -off
removal in stormwater runoff.
from surrounding urban land uses.
Levees and revetments are virtually
continuous along the riverbanks,
limiting the potential to retain
particulates or contaminants contained
1. Modify current levees and revetments to
Water
Retention of
in stormwater sheet flows in the fluvially
increase channel and floodplain area;
Quality
particulates and
dominated reaches. Particulates,
2. Install native riparian species to increase
contaminants
including sediment, are retained in the
bank roughness.
tidally dominated reaches, as evidenced
by the need to dredge the estuary turning
basin.
As channel-floodplain interaction was
1. Increase riverine wetland area;
Water
Nutrient cycling
reduced, the channel became a conduit
2 Install native riparian plant species;
Quality
for nutrients, offering little opportunity
3. Set back banks (revetments and levees).
for contact time with soils.
The majority of the shoreline within the
City of Tukwila is currently dominated
1. Remove invasive plants and install native
by non-native invasive weed species
riparian species;
Large Woody
(Himalayan blackberry, reed canary-
2. Incorporate LWD into bank stabilization
Debris
Maintain
grass, and Japanese knotweed Some
g P )•
and restoration projects;
P J
(LWD) and
characteristic plant
higher qualityareas of cottonwood,
3. Institute programmatic weed control
Organics
community
alder, and willow exist in riparian areas
activities along shoreline.
bordering open space, parkland, and
4. Promote bioengineering techniques for
residential zones.
shoreline stabilization projects.
Despite the lack of many sources for
1. Install native riparian species;
LWD and
Source of LWD
LWD, there are some large cottonwoods
2 Incorporate LWD into bank stabilization
Organics:
and big leaf maples that occur along the
and restoration projects.
levees and revetment system.
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5.3 Plans, Programs, and Completed Projects
The importance of the Green/Duwamish ecosystem within the Puget Sound has resulted in
significant focus on this area in terms of restoration potential. With the federal listing of
Chinook and bull trout as endangered species, watershed planning in the region (e.g.,
WRIA 9) has focused on developing a Salmon Habitat Plan (WRIA 9, 2005), to which the
City of Tukwila is a party. The plan establishes goals, objectives, and programmatic and
site specific actions to address restoration of habitat critical to salmon species in the
Green/Duwamish watershed.
Tukwila has already engaged in the greater regional restoration effort for the
Green/Duwamish River. The City Council has ratified the WRIA 9 Plan and contributes
resources to maintain operating staff. Tukwila has worked within the larger
Green/Duwamish River ecosystem restoration project to acquire or donate properties for
restoration (Cecil B. Moses Park, Codiga Farm, North Winds Weir, Duwamish Gardens).
WRIA 9 and other regional partners are currently working together to monitor baseline
conditions. Several projects from the WRIA 9 Plan are included on the City's Capital
Improvement Program (CIP) list; other projects will be added as CIP projects are
completed and funds are identified for new projects.
The restoration plan identifies several projects that have already been completed in the
Green/Duwamish River. These projects provide an excellent opportunity to learn about
what river restoration measures are the most effective. For example, it appears that the
back channel that was excavated at Codiga Farm provides important habitat for migrating
juvenile fish.
5.4 Restoration Opportunities
Based on the key ecosystem functions that are currently altered, there appear to be five
specific types of restoration actions that will most benefit the Green/Duwamish ecosystem
in Tukwila. These actions are intended to boost the levels of ecosystem functioning as part
of a self-sustaining ecosystem that will limit the need for future manipulation. While these
projects are intended to restore many ecosystem functions, the restoration activities will
occur in the highly urban valley bottom, and as a result, cannot fully achieve pre -
disturbance channel conditions. In addition, some restoration actions must occur at the
watershed scale, which will restore ecosystem functions that cannot be addressed solely
within Tukwila or as part of the SMP.
• Enlarging channel cross -sectional area. This action could include setting back
levees and re -sloping banks to reduce steepness. These actions will increase flood
storage, allow for more stable levees, restore some floodplain area, provide a
larger intertidal zone in this important transitional area, and provide a more
natural transition from aquatic to upland habitats. The Transition Zone is
identified in Map 2.
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• Enhancing existing habitats. These actions could include the removal of non-
native invasive vegetation, installation of native riparian vegetation, and
installation of LWD below Ordinary High Water. This action will improve the
functioning of the aquatic, riverine wetland, and riparian habitats that currently
exist along the Green/Duwamish River.
• Creating off -channel habitat areas. This action would create off channel areas
through the excavation of historic fill or floodplain materials to create back
channels as fish foraging and refugia areas.
• Reconnecting wetland habitat to the river. This action would reconnect an old
oxbow wetland to the river, allowing for off -channel habitat (Nelson Side
Channel).
• Removing fish barriers where tributary streams discharge to the river. This
action would remove flap gates and install fish -friendly flap gates at the mouths
of Tukwila's three major streams (Gilliam, Southgate and Riverton) and possibly
restore habitat area at these locations in the shoreline jurisdiction.
5.5 Potential Projects and Priorities
The restoration plan summarizes 26 potential projects as specific restoration projects within
the shorelines of Tukwila. Most of the restoration projects are part of ongoing restoration
planning through the WRIA 9 watershed planning process. Additionally, opportunities
exist to enhance riparian vegetation along the majority of the Green/Duwamish River.
The restoration plan provides a preliminary qualitative (high, medium, low) proj ect ranking
system. Within this ranking system, the highest priority location for restoration projects is
within the Transition Zone. The Transition Zone is identified in Map 2.
High priority projects will typically:
• Address both hydrologic and habitat ecosystem functions;
• Have opportunity for multiple funding sources;
• Include freshwater tributary channels; and/or
• Not require additional property acquisition.
Medium priority projects will typically:
• Address limited ecosystem functions; and
• Be eligible for multiple funding sources, and/or require property acquisition.
Low priority projects will typically:
• Only focus on habitat enhancement;
• Will be used as mitigation to offset impacts elsewhere; or
Not be eligible for multiple funding sources.
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6. SHORELINE GOALS AND POLICIES
The goals and policies that lead and inspire Tukwila's shoreline actions are found in the
Shoreline Element of the City's 2015 Comprehensive Plan. These, along with the narrative
in that Chapter, were updated based on the 2009 SMP and 2011 revisions approved by the
Department of Ecology.
7. SHORELINE ENVIRONMENT DESIGNATIONS
The City of Tukwila's Shoreline Master Program (SMP) establishes a system to classify
shoreline areas into specific "environment designations." This system of classifying
shorelines is established by the Shoreline Management Act (RCW 90.58) and Master
Program Guidelines (WAC 173-26-211). The purpose of shoreline environment
designations is to provide a uniform basis for applying policies and use regulations within
similar shoreline areas. Generally, shoreline designations should be based on existing and
planned development patterns, biological and physical capabilities and limitations of the
shoreline, and a community's vision or objectives for its future development.
7.1 Pre 2009 Rel4ulatory Framework
Tukwila's first SMP, adopted in 1974, designated all shorelines as "Urban." At the time
the 1974 SMP was developed, all of the land in Tukwila's shoreline jurisdiction was either
zoned commercial/industrial or was developed with urban uses. The SMP defined the
Urban Environment as "areas to be managed in high intensive land uses, including
residential, commercial, and industrial development and accessory uses, while providing
for restoration and preservation to ensure long-term protection of natural and cultural
resources within the shoreline" (Tukwila, 1974). The SMP further stated that the
management objectives for the shoreline "are directed at minimizing adverse impacts on
the river and shoreline ecology, maximizing the aesthetic quality and recreational
opportunities of the river shore, and recognizing the rights and privileges of property
owners" (Tukwila, 1974). Within the Urban Environment, Tukwila's SMP employed a
tiered system of regulations based on the distance from the Green/Duwamish River mean
high water mark (MHWM). These tiered management zones are generally described below
and illustrated on Figure 1:
• River Environment/Zone: A 40-foot wide zone extending landward from
MHWM and having the most environmentally protective regulations;
• Low -Impact Environment/Zone: The area between the River Environment and
100 feet from the MHWM; and
• High -Impact Environment/Zone: The area between 100 and 200 feet from the
MHWM.
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The City also administered the King County Shoreline Master Program for the areas which
had been annexed since the adoption of the City's SMP in 1974. These areas were
designated Urban and the setbacks from Ordinary High Water Mark varied from 20 feet to
50 feet depending on whether the use was water dependent, single family or
commercial/industrial. See Annexation History (Map 1) for an identification of the areas
where the City administered the County's SMP.
200'
URBAN ENVIRONMENT
I
I
100' I � 60' —� I 4'
I I I
HIGH j LOW j RIVER
IMPACT I IMPACT I ZONE
ZONE ZONE I
i 1 I
RIVER
I
I
200' 1
I
I
I
1
URBAN ENVIRONMENT
I
j 40'
60'
100' j
I
��I
1
I
RIVER j
LOW
I
I HIGH
ZONE I
IMPACT
I IMPACT
i
ZONE
ZONE I
+—MEAN HIGH WATER LINE
Figure 1. Pre 2009 Tukwila SMP Shoreline Management Zones
(1974 SMP; TMC Chapter 18.44)
7.2 Key Findinrs of the Shoreline Inventory / Characterization Report and
Restoration Plan
This section summarizes findings from the Inventory and Characterization Report and
Restoration Plan elements of the SMP update (Appendices A and B). These findings
inform the goals, policies, regulations, and the development and application of
environment designations. In this context, the key findings can be summarized as follows:
• The Green/Duwamish River throughout Tukwila is a critical resource for salmonids
and other species. Adult salmon heading upstream to spawn require cool water; and
juveniles heading downstream require food and refuge from high flows. The
Transition Zone, which extends from river mile 10 downstream through the
northern City limits (see Map 2), where juvenile salmon adjust from fresh to salt
water habitat (osmoregulate), is of critical importance because of significant habitat
losses over the years. Additionally, the river provides migratory habitat for
numerous fish species, as well as riparian habitat for a variety of wildlife.
• The entire Green/Duwamish River and its tributaries are a critical resource for
federally protected Muckleshoot Indian Tribe fishing.
• The river is a critical resource for some water dependent uses north of the Turning
Basin.
• The river is an important recreational resource for sport fishing, small watercraft
and Green River Trail users.
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• At an ecosystem scale, the habitat is largely homogenous throughout the city. In
addition, many ecosystem processes are largely controlled by up -river
characteristics, particularly the Howard A. Hanson Dam and are little affected by
actions in the City, except for such functions as water quality (especially fine
sediment capture and filtering of contaminants in stormwater), local surface
hydrology (stormwater from increasing amounts of impervious surfaces and
contribution to peak flows of the river), riparian habitat, and temperature control
(shading from riparian habitat). With the exception of the functions provided by
the transitional mixing zone from salt to fresh water, habitat conditions and
functions are relatively similar throughout the shoreline. The Transition Zone
needs greater protection and restoration focus than other sections of the shoreline
in the city.
• Restoration opportunities are numerous and spatially distributed throughout
Tukwila's shoreline. Activities that provide restoration of both floodplain
functions and habitat functions should be prioritized, particularly those projects in
the Transition Zone. Policies should promote and regulations should enable the
City to accomplish restoration goals and actions.
7.3 State Environment Designation System
State Master Program Guidelines (WAC 173-26-211) establish the environment
designation system for shorelines regulated by the Shoreline Management Act. The
guidelines (WAC 173-26-150 and 176-26-160) give local jurisdictions the option to plan
for shorelines in designated Urban Growth Areas (UGA) and Potential Annexation Areas
(PAA) as well. The City can "pre -designate" shoreline environments in its designated PAA
as part of this planning process. However, shorelines in the PAA would continue to be
regulated under the provisions of the King County SMP until the City annexes those areas.
The County's SMP designates the City's North PAA and the South PAA as High Intensity.
The guidelines (WAC 173-26-211(4)(b)) recommend six basic environment designations:
High -intensity
Shoreline residential
Urban conservancy
Rural conservancy
Natural
Aquatic
Local governments may establish a different designation system, retain their current
environment designations and/or establish parallel environments provided the designations
are consistent with the purposes and policies of the guidelines (WAC 173-26-211(4)(c)).
The guidelines also note that local shoreline environment designations should be consistent
with the local comprehensive plan (WAC 173-26-211(3)).
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For each environment designation, jurisdictions must provide a purpose statement,
classification criteria, management policies and environment specific regulations. Table 2
describes the purpose for each of the recommended designations in the state guidelines.
For each designation, the potential applicability to Tukwila is noted.
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Table 2. State Recommended Environment Designation System - WAC 173-26-211 (5)
Environment Purpose I Applicability to Tukwila
Designation
Aquatic
Natural
Rural
Conservancy
Urban
Conservancy
Shoreline
Residential
High -Intensity
The purpose of the "aquatic" environment is to
protect, restore, and manage the unique
characteristics and resources of the areas
waterward of the ordinary high-water mark.
The purpose of the "natural" environment is to
protect those shoreline areas that are relatively
free of human influence or that include intact
or minimally degraded shoreline functions
intolerant of human use.
The purpose of the "rural conservancy"
environment is to protect ecological functions,
conserve existing natural resources and
valuable historic and cultural areas in order to
provide for sustained resource use, achieve
natural floodplain processes, and provide
recreational opportunities.
The purpose of the "urban conservancy"
environment is to protect and restore
ecological functions of open space, floodplain
and other critical areas where they exist in
urban and developed settings, while allowing
a variety of compatible uses.
The purpose of the "shoreline residential"
environment is to accommodate residential
development and appurtenant structures that
are consistent with this chapter. An additional
purpose is to provide appropriate public access
and recreational uses.
The purpose of the "high -intensity"
environment is to provide for high -intensity
water -oriented commercial, transportation,
and industrial uses while protecting existing
ecological functions and restoring ecological
functions in areas that have been previously
degraded.
This designation will be used for the area
waterward of the ordinary high water mark
which includes the water surface along
with the underlying lands and the water
column.
While the Green River shorelines in
Tukwila provide some important
ecological functions, the river and
adjacent uplands throughout Tukwila have
been significantly altered by dense urban
development and are generally armored or
otherwise modified.
Not applicable to Tukwila. All of the
City's shorelines are urbanized. Potential
annexation areas are either urbanized or
proposed for intensive development.
This designation is applicable in that the
Green River is an important natural
resource. The most significant shoreline
function provided in Tukwila is related to
fish and wildlife habitat. Open space is
limited by the existing development
pattern and floodplains are largely
disconnected by a series of levees,
revetments, and other infrastructure.
This designation is most applicable for
those portions of Tukwila's shorelines
where the existing and planned
development pattern is for low density
(i.e., predominantly single-family)
residential uses or public recreation uses.
This designation is applicable along only
part of Tukwila's shorelines, in the
Manufacturing and Industrial Center
(MIC) north of the Turning Basin. Water -
dependent uses are currently limited, as
only a small portion of the river in Tukwila
is navigable for commercial purposes, and
much of the river has levees, thus
restricting use immediately adjacent to the
river.
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7.4 Environment Designations
The Natural and Rural Conservancy Environments are not well suited to a highly
developed, urbanized river that is navigable for only a small portion of the system and is
significantly constrained by levees for flood management, such as the Green/Duwamish
River in Tukwila. The City's Shoreline Environments, which are identified on Map 3,
are:
• Shoreline Residential Environment
• Urban Conservancy Environment
• High -Intensity Environment
• Aquatic Environment
The City designated a buffer to replace the prior system of parallel shoreline management
zones. Instead of the prior River Environment, a minimum buffer was established for each
shoreline environment and allowed uses were designated for the buffer area along the river
and the remaining shoreline jurisdiction. This system is intended to facilitate the City's
long-range objectives for land and shoreline management, including:
• Ensuring no net loss of ecological shoreline functions;
• Providing for habitat protection, enhancement, and restoration to improve degraded
shoreline ecological functions over time and protection of already restored areas;
• Allowing continued and increased urban development in recognition of Tukwila's
role as a regionally significant industrial and commercial center; and
• Providing for improved flood control in coordination with King County and the
Army Corps of Engineers.
Table 3, on the following page, provides a summary of the characteristics of the river
shoreline in Tukwila to set the stage for the discussion in Section 7.5 on the determination
of shoreline buffers.
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Table 3. Summary of Buffer Widths for Land Use Zones and Shoreline Ecological
Conditions
Area
Characteristics
Environment
Buffer
Modification
MIC/H &
Fresh/Salt Water
High Intensity
100,
The Director may reduce the
MIC/L
Transition Zone,
standard buffer on a case -by -case
zoned
Lower flooding
basis by up to 50% upon
property
risk, Less than 20'
construction of the following cross
from North
difference from
section:
City Limits
OHWM to top of
- 1. Reslope bank from OHWM
to EMWS
bank, tidal
(not toe) to be no steeper than
Bridge, and
influence
3:1, using bioengineering
North
techniques
Potential
- 2. Minimum 20' buffer landward
Annexation
from top of bank
Area
- 3. Bank and remaining buffer to
be planted with native species
with high habitat value
Comment: Maximum slope is
reduced due to measurement from
OHWM and to recognize location in
the Transition Zone where
pronounced tidal influence makes
work below OHWM difficult.
Any buffer reduction proposal must
demonstrate to the satisfaction of the
Director that it will not result in
direct, indirect or long-term adverse
impacts to the river. In all cases a
buffer enhancement plan must also
be approved and implemented as a
condition of the reduction. The plan
must include using a variety of
native vegetation that improves the
functional attributes of the buffer
and provides additional protection
for the shoreline ecological
functions.
LDR zoned
Moderate flooding
Shoreline
Distance
Removal of invasive species and
property
risk, Less than 25'
Residential
required
replanting with native species of
w/o levees
difference from
to set
high habitat value voluntary unless
from
OHWM to top of
back
triggered by requirement for a
EMWS to
bank, tidal
slope
Shoreline Substantial Development
1-405
influence on
from toe
permit.
northern section
at 2.5:1
plus 20'
setback,
Min. 50'
width
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Area
Characteristics
Environment
Buffer
Modification
LDR zoned
Moderate flooding
Shoreline
125'
Upon reconstruction of levee in
property with
risk, Less than 25'
Residential
accordance with City levee
levees from
difference from
standards, the Director may reduce
EMWS to
OHWM to top of
the buffer to actual width required.
I-405
bank, tidal
Comment: This applies to City -
influence on
owned property at Fort Dent.
northern section
Commercially
Moderate flooding
Urban
100'
The Director may reduce the
zoned
risk, Less than 25'
Conservancy
standard buffer on a case -by -case
property from
difference from
basis by up to 50% upon
42nd Ave S.
OHWM to top of
construction of the following cross
Bridge to
bank
section:
I-405
- 1. Reslope bank from toe to be
no steeper than 3:1, using
bioengineering techniques
- 2. Minimum 20' buffer
landward from top of bank
- 3. Bank and remaining buffer to
be planted with native species
with high habitat value
Any buffer reduction proposal
must demonstrate to the
satisfaction of the Director that it
will not result in direct, indirect or
long-term adverse impacts to
shoreline ecological functions. In
all cases a buffer enhancement
plan must also be approved and
implemented as a condition of the
reduction. The plan must include
using a variety of native vegetation
that improves the functional
attributes of the buffer and
provides additional protection for
the shoreline ecological functions.
West River
High flooding risk,
Urban
125'
Upon construction or
bank from
Federally certified
Conservancy
reconstruction of levee in
I-405 to
and County levee,
accordance with City levee
South City
large water level
standards the Director may reduce
Limit,
fluctuations
the buffer to the actual width
Tukwila 205
required. In no case shall the
Levee and
buffer be less than 50 feet.
South
Annexation
Area
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Area
Characteristics
Environment
Buffer
Modification
East River
Moderate flooding
Urban
The Director may reduce the
bank
risk, 20 to 25'
Conservancy
100'
standard buffer on a case -by -case
without
difference from
basis by up to 50% upon
levee from
OHWM to top of
construction of the following cross
I-405 south
bank, Moderate
section:
to City
slumping risk,
- 1. Reslope bank from toe to be no
Limits
large water level
steeper than 3:1, using
fluctuations
bioengineering techniques
- 2. Minimum 20' buffer landward
from top of bank
- 3. Bank and remaining buffer to
be planted with native species
with high habitat value
Any buffer reduction proposal must
demonstrate to the satisfaction of the
Director that it will not result in
direct, indirect or long-term adverse
impacts to shoreline ecological
functions. In all cases a buffer
enhancement plan must also be
approved and implemented as a
condition of the reduction. The plan
must include using a variety of
native vegetation that improves the
functional attributes of the buffer
and provides additional protection
for the shoreline ecological
functions.
East River
Moderate flooding
Urban
125'
Upon reconstruction of levee in
bank with
risk, 20 to 25'
Conservancy
accordance with City levee
levee from
difference from
standards the Director may reduce
I-405 to
OHWM to top of
the buffer to the actual width
South City
bank, Moderate
required for the levee. In no case
Limit
slumping risk,
shall the buffer be less than 50 feet.
large water level
fluctuations
Any
End buffer on river side of existing
shoreline
improved street or roadway.
environment
where street
or road runs
parallel to
the river
through the
buffer
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� 4
Reach G2 �N—
PAA
Turning Basin
Reach G2
Legend
Tukwila City Limits
PAA Potential Annexation Areas
• Urban Conservancy Shoreline Environment
.� High Intensity Shoreline Environment
..gym
���• Shoreline Residential Environment
arri.sas
Map 3
I&
t s MILE Shoreline
Environments
Reach G 1 PAA
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30
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7.5 Determination of Shoreline Buffers
The determination of the buffer distances for each shoreline environment was based on
several factors including the analysis of buffer functions needed for protecting and
restoring shoreline ecological function (as presented in the Shoreline Inventory and
Characterization Report) and the need to allow space for bank stability and for protecting
human life and structures from damage from high flows, erosion and bank failures. Safety
of residents and people who work in buildings along the shoreline has become even more
important in recent years due to the increase in stormwater entering the river from
increasing impervious surfaces throughout the watershed and increasing frequency and
intensity of flows during high rain events. These higher and more frequent flows will put
more stress on over -steepened banks all along the river, increasing the possibility of bank
erosion, levee failures, and bank failures. Thus, ensuring that new structures are not built
too close to the river's edge is crucial to avoid loss of human life.
Staff also reviewed the rationale for the buffer widths established for watercourses under
TMC Chapter 18.45, the Critical Areas Ordinance, as well as buffer widths recommended
by resource agencies, such as the State Department of Fish and Wildlife, Department of
Natural Resources and the recent Biological Opinion issued by National Marine Fisheries
Service in relation to FEMA's National Flood Insurance Program.
The final buffer widths proposed by staff for each shoreline environment attempted to
balance shoreline ecological function needs, human life and property protection needs
(including future levee repair/reconstruction), existing land use patterns, and state and
federal agency policies.
The following information summarizes the analysis carried out and the rationale used for
determining buffer widths.
A. Buffer Functions Supporting Shoreline Ecological Resources, Especially
Salmonids
Buffers play an important role in the health of any watercourse and an even more important
role when considering the health of salmonids in the Green/Duwamish River system. The
key buffer functions for the river are summarized below.
The Shoreline Management Act and the Department of Ecology regulations require
evaluation of ecological functions and that local SMPs ensure that the policies and
regulations do not cause any net loss of shoreline ecological function. In addition, the SMP
must identify mechanisms for restoration of lost ecological functions.
The crucial issue for the Green/Duwamish River is the presence of salmonids that are on
the Endangered Species list. To protect and restore ecological functions related to these
species it is important to provide for the installation of native vegetation along the
shoreline. Such vegetation provides shade for improving temperature conditions in the
river and habitat for insects on which fish prey. Trees along the shoreline also provide a
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source of large woody debris (tree trunks, root wads, limbs, etc. that fall into the water),
which in turn provides pooling and areas of shelter for fish and other animals. In order to
allow for planting of native vegetation, banks need to be set back to allow for less steep
and more stable (requiring less armoring) slopes, so that they can be planted, which is
crucial for improving shoreline ecological functions that are needed in the river.
The buffer widths needed to achieve a particular buffer function vary widely by function
type from as little as 16 feet for large woody debris recruitment (assuming the buffer has
large trees) to over 400 feet for sediment removal. The Washington State Department of
Fish and Wildlife (WDFW) recommends a riparian buffer width of 250 feet for shorelines
of statewide significance (this applies to the Green/Duwamish River). The Washington
Department of Natural Resources (WDNR) recommends a riparian buffer of 200 feet for
Class 1 Waters (the Green/Duwamish River is a Class 1 Water under the WDNR
classification scheme). The National Marine Fisheries Service (responsible at the federal
level for overseeing protection of endangered salmonids under the Endangered Species
Act) has recommended a buffer of 250 feet in mapped floodplain areas to allow for
protection of shoreline functions that support salmonids.l Tukwila's Critical Areas
Ordinance (TMC Chapter 18.45) has established a 100-foot buffer for Type 2 watercourses
in the city (those that bear salmonid species).
The key buffer functions for the river are summarized below.
1. Maintenance of Water Quality
Salmonid fish require water that is both colder and has lower nutrient levels than
many other types of fish. Vegetated shoreline buffers contribute to improving
water quality as described below.
a. Water Temperature: The general range of temperatures required to support
healthy salmonid populations is generally between 39 degrees and 63 degrees.
Riparian vegetation, particularly forested areas, can affect water temperature
by providing shade to reduce exposure to the sun and regulate high ambient
air temperatures.
b. Dissolved Oxygen: Dissolved oxygen is one of the most influential water
quality parameters for aquatic life, including salmonid fish. The most
significant factor affecting dissolved oxygen levels is water temperature —
cooler streams maintain higher levels of oxygen than warmer waters.
c. Metals and Pollutants: Common pollutants found in streams, particularly in
urban areas, are excessive nutrients (such as phosphorous and nitrogen),
pesticides, bacteria and miscellaneous contaminants such as PCBs and heavy
metals. Impervious surfaces collect and concentrate pollutants from different
sources and deliver these materials to streams during storm events. The
Endangered Species Act — Section 7 Consultation, Final Biological Opinion and Magnuson —Stevens Fishery
Conservation and Management Act Essential Fish Habitat Consultation, Implementation of the Flood
Insurance Program in the State of Washington Phase One Document, Puget Sound Region,September, 2008.
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concentration of pollutants increases in direct proportion to the total amount
of impervious area. Undisturbed or well vegetated riparian buffer areas can
retain sediment, nutrients, pesticides, pathogens and other pollutants,
protecting water quality in streams. Elevated nitrogen and phosphorus levels
in runoff are a typical problem in urban watersheds and can lead to increased
in -stream plant growth, which results in excess decaying plant material that
consumes oxygen in streams and reduces aquatic habitat quality.
2. Contributing to in -stream structural diversity
a. Large woody debris (LWD) refers to limbs and tree trunks that naturally fall
into the stream bed from a vegetated buffer. LWD serves many functions in
watercourses. LWD adds roughness to stream channels, which in turn slows
water velocities and traps sediments. Sources of LWD in urban settings are
limited where stream corridors have been cleared of vegetation and developed
and channel movement limited due to revetments and levees. Under natural
conditions, the normal movement of the stream channel, undercutting of
banks, wind throw, and flood events are all methods of LWD recruitment to
a stream channel.
b. LWD also contributes to the formation of pools in river channels that provide
important habitat for salmonids. Adult salmonids require pools with
sufficient depth and cover to protect them from predators during spawning
migration. Adult salmon often hold to pools during daylight, moving
upstream from pool to pool at night.
3. Providing Biotic Input of Insects and Organic Matter
a. Vegetated buffers provide foods for salmonids and other fish, because insects
fall into the water from overhanging vegetation.
b. Leaves and other organic matter falling into streams provide food and
nutrients for many species of aquatic insects, which in turn provide forage for
fish.
B. Bank Stability and Protection of Human Lives and Structures
The main period of runoff and major flood events on the Green River is from November
through February. The lower Green and Duwamish levees and revetments form a nearly
continuous bank protection and flood containment system. Farmers originally constructed
many of these levees and revetments as the protection to the agricultural lands of the area
and this original material is still in place as the structural core. In particular, these
protection facilities typically have over -steepened banks and areas with inadequate rock
buttressing at the toe, and lack habitat -enhancing features such as overhanging vegetation
or in -water large woody debris. Because of these design and construction shortcomings,
the protection to riverbanks has not always performed as intended. Instead, there have
been bank failures that have threatened structures and infrastructure; erosion of banks —
making them even steeper; and damage to levees that has required a series of repair
projects.
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The damage to the levee system in storm events led to discussions among the City, U.S.
Army Corps of Engineers and the King County Flood Control District to determine the
best levee design to prevent the recurring problem of continued levee repairs. The criteria
used to design a levee profile are:
• Public safety;
• Maintaining levee certification;
• Solutions that eliminate or correct factors that have caused or contributed to the
need for the levee repair;
• Levee maintenance needs; and
• Environmental considerations.
To overcome the existing problems and to reduce future maintenance and repair costs, the
Corps chose to lessen the overall slope to a stable grade. This selected method is consistent
with recommendations set forth in the Corps of Engineers' Manual for Design and
Construction of Levees (EM 1110-2-1913) for slope stability. It also is consistent with the
levee rehabilitation project constructed on the nearby Briscoe School levee that has proven
to be a very effective solution to scour problems —the design slows the river down,
provides additional flood storage and allows a vegetated mid -slope bench for habitat
improvements. This profile was used to repair two areas of the federally -certified levee in
Tukwila —the Lily Point project and the Segale project, which were about 2,000 linear feet
of repairs. Costs of these repairs were around $7 million dollars, not including any costs
of land acquisition for laying back the levees. It is expected that the use of this levee design
or an environmentally superior solution will reduce the need to continually repair the levee
in those areas, thus avoiding such high expenditures in the future and saving money in the
long run.
The profile discussed above is illustrated in Figure 2 below:
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Typical Shoreline Buffer in Leveed Areas -Width Will Vary
Reconfigured Levee
18'
10' �$� Willows
2 L_2�
1�„ 1
15'
pe averages 2.5:1 with bench "" '° ` hr�� ,11��
='nr—
Minimum Levee Profile
Not To Scale
OH
Vegetated Bench
Maintenance Easement
` Reconfigured Slo
1.5 Existing Levee
�1
Ordinary High
w 2' Water Mark
WM
Figure 2. Briscoe Levee Profile
Because of the similarities in the soil conditions and taking into consideration the tidal
influence, the Green/Duwamish River can be divided into three areas —South of I-405;
North of I-405; and areas around residential neighborhoods. Looking at the slope geometry
and the difference in height between the ordinary high water mark and the 100-year flood
elevation for these three areas, it was found that 125 feet of setback distance (buffer) is
needed to accommodate the "lay back" of the levee in the area south of I-405 and around
Fort Dent Park.2 During high flow events, the water surface can be as much as 16 feet
above the OHWM in these areas. At locations further downriver, the water surface
elevation difference is much less pronounced due to the wider channel and proximity to
Puget Sound. For areas without levees, north of I-405 and those areas south of I-405 on
the east side of the river (right bank), a 100-foot setback distance is required to
accommodate the slopes needed for bank stability. Within residential neighborhoods, a
minimum 50-foot setback is justified because of the less intense land use associated with
single-family home construction and the estimated amount of space needed to achieve the
natural angle of repose for a more stable slope.
Even though the above explanation for determining appropriate buffer distance used levee
design as the example, the same problems exist where there are no levees. The river makes
no distinction between an over -steepened slope associated with a levee or a riverbank.
Scouring within the river will cause sloughing and slope stability will be weakened,
potentially resulting in the loss of structures. In fact, the non -leveed riverbank can be more
2 The 125 foot distance includes a slope no steeper than 2 5.1 with a mid -slope bench incorporated 18 feet
at the top of the levee and 10 feet on the back side of the levee for access and inspection.
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prone to these problems since they tend to be steeper and consist mainly of sand and silt.
This makes them susceptible to erosion. Because the non -leveed riverbanks are for the
most part privately owned, they are not actively monitored for damage by the City or
County.
C. Conclusions
The determination of buffer widths was based on two important criteria:
(1) the need to achieve bank stability and protect structures along the shoreline from
damage due to erosion and bank failures; and
(2) to protect and enhance shoreline ecological function.
Applying the 200 to 250 foot buffer widths recommended by WDFW and WDNR would
not be practical given the developed nature of the shoreline. It was also felt that a buffer
less than that already established for Type 2 Watercourses under the City's Critical Areas
Ordinance would not be sufficiently protective of shoreline functions, unless those
functions were enhanced through various restoration options. Therefore, 100 feet was
established as the starting point for considering buffer widths from the standpoint of
shoreline ecological function in each of the Shoreline Environments. Between 100 and
125 feet was the starting point for buffer widths from the standpoint of bank stability and
property protection.
Thus buffers were established taking into account (as explained in the following sections)
the characteristics of each Shoreline Environment, needs for protection/restoration of
shoreline ecological functions, and needs for stable banks and protection of human life and
property.
7.6 Shoreline Residential Environment
A. Designation Criteria
All properties zoned for single-family use from the ordinary high water mark landward 200
feet. In addition, those areas zoned for single family use but developed for public
recreation or open space within 200 feet of the shoreline shall also be designated Shoreline
Residential, except Fort Dent Park.
B. Purpose of Environment and Establishment of River Buffer
The purpose of the Shoreline Residential Environment is to accommodate urban density
residential development, appurtenant structures, public access and recreational activities.
However, within the 200 foot shoreline jurisdiction in the Shoreline Residential
Environment there will be a protective buffer along the river, where development will be
limited to protect shoreline function.
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The purpose of the river buffer in the shoreline residential environment is to:
• Ensure no net loss to shoreline ecological functions;
• Help protect water quality and habitat function by limiting allowed uses;
• Protect existing and new development from high river flows by ensuring
sufficient setback of structures;
• Promote restoration of the natural character of the shoreline environment; and
• Allow room for reconstructing over -steepened riverbanks to achieve a more
stable slope and more natural shoreline bank conditions and avoid the need for
shoreline armoring.
C. Analysis of Development Character of Residential Shoreline
An analysis was prepared that looked at the residential properties along the shoreline and
identified the number of parcels with structures within 50 feet and 100 feet of the OHWM.
This analysis showed the following:
Number of
Number of
Number of
Number of
Number of
Number of
ZONE
parcels
vacant
parcels with
parcels
vacant
parcels with
within 50
parcels
structures
within
parcels
structures
feet of
within
within
100 feet of
within
within
OHWM
50 feet
50 feet / %
OHWM
100 feet
100 feet / %
LDR
135
12
67 / 49%
201
25
165 / 82%
As can be seen from the chart above, almost half of the parcels in the residential
neighborhoods have a structure within 50 feet of the OHWM—a direct result of the current
King County regulations. To apply a buffer width that is consistent with the City's Critical
Areas Ordinance of 100 feet would create a situation where 82% of the properties along
the river would have nonconforming structures as they relate to the proposed shoreline
buffer.
Expansion of single family nonconforming structures in the proposed SNIP buffer would
be governed by Tukwila Municipal Code Section 18.44.110, which permits an expansion
of only 50% of the square footage of the current area that intrudes into the buffer and only
along the ground floor of the structure. For example, if 250 square feet of a building
extended into the proposed buffer, the ground floor could be expanded a maximum of 125
feet in total area along the existing building line.
A buffer of 100 feet was considered for the shoreline residential properties, with the
potential of a property owner applying for a buffer reduction of 50%; however, under the
Shoreline Management Act, this would have required an application for a shoreline
variance for each requested buffer reduction, a process that requires review and approval
both at the local and state level (Ecology must review and approve the variance in addition
to the City of Tukwila). This did not seem a reasonable process to require of so many
property owners.
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The riverbank in the Shoreline Residential Environment is typically in a modified and
degraded state but generally not stabilized with revetments, dikes or levees. Based on an
analysis of the river elevations and existing banks, a 50-foot minimum buffer in the
Shoreline Residential Environment would allow room to achieve a 2.5:1 bank slope with
an additional 20-foot setback from the top of the slope —a distance that will allow for bank
stability and, in -turn, protection of new structures from high flows, and bank failures. A
schematic of the shoreline jurisdiction showing the buffer is provided in Figure 3.
200'
Shoreline Residential
Environment 50'
min
20 feet from top of Buffer
reconfigured river bank
-- 20'
Ordinary High Water Ma
Figure 3. Schematic of Shoreline Residential Environment and Buffer
The proposed buffer area for the Shoreline Residential Environment will allow for removal
of invasive plants, planting of native vegetation in the riparian zone and inclusion of other
features to improve shoreline habitat. It also will prevent the placement of any structures
in an area that could potentially prove unstable. In the event of bank erosion or slope
failures, the buffer will provide sufficient space for re -sloping the bank to a more stable
2.5:1 slope, either through bank stabilization projects or through natural bank failures that
result in the natural angle of repose (2.5:1 or greater).
7.7 Urban Conservancy Environment
A. Designation Criteria
This environment will be designated in the area between the Ordinary High Water Mark
and 200 feet landward as regulated under the Shoreline Management Act and applied to all
shorelines of the river except the Shoreline Residential Environment and the High Intensity
Environment. The Urban Conservancy Environment areas are currently developed with
dense urban multifamily, commercial, industrial and/or transportation uses or are
designated for such uses in the proposed south annexation area. This environment begins
at the southern end of the Turning Basin and includes portions of the river where levees
and revetments generally have been constructed and where the river is not navigable to
large watercraft. Uses will be restricted immediately adjacent to the river by establishment
of a minimum protective buffer.
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B. Purpose of Environment
The purpose of the Urban Conservancy Environment is to protect ecological functions
where they exist in urban and developed settings, and restore ecological functions where
they have been previously degraded, while allowing a variety of compatible uses.
C. Establishment of River Buffers
The Urban Conservancy environment will have two different buffers, depending on the
location along the river and whether or not the shoreline has a flood control levee. The
purpose of Urban Conservancy River Buffers is to:
• Protect existing and restore degraded ecological functions of the open space,
floodplain and other critical areas in the developed urban settings;
• Ensure no net loss of shoreline function when new development or re-
development is proposed;
• Provide opportunities for restoration and public access;
• Allow for adequate flood and channel management to ensure protection of
property, while accommodating shoreline habitat enhancement and promoting
restoration of the natural character of the shoreline environment, wherever
possible;
• Avoid the need for new shoreline armoring; and
• Protect existing and new development from high river flows.
Buffer in Non -Levee Areas:
A buffer width of 100 feet is established for the Urban Conservancy Environment for all
non-residential areas without levees. This buffer width is consistent with that established
by the City's Critical Areas Ordinance for Type 2 streams that support salmonid use, which
is based on Best Available Science. In addition, as noted above, looking at the slope
geometry and the difference in height between the ordinary high water mark and the 100-
year flood elevation for these areas, it was found that a 100-foot setback distance is required
to accommodate the slopes needed for bank stability.
The buffer width of 100 feet allows enough room to reconfigure the riverbank to achieve a
slope of 3:1, the "angle of repose" or the maximum angle of a stable slope and allow for
some restoration and improvement of shoreline function through the installation of native
plants and other habitat features. The actual amount of area needed to achieve a 3:1 slope
may be less than 100 feet, depending on the character of the riverbank and can only be
determined on a site -by -site basis.
As an alternative to the 100-foot buffer, a property owner may re -slope the riverbank to be
no steeper than 3:1, provide a 20-foot setback from the top of the new slope and vegetate
both the riverbank and the 20-foot setback area in accordance with the standards in the
Vegetation Protection and Landscaping Section. Any buffer reduction proposal must
demonstrate to the satisfaction of the Director that it will not result in direct, indirect or
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long-term adverse impacts to shoreline ecosystem functions. In all cases a buffer
enhancement plan must also be approved and implemented as a condition of the reduction.
The plan must include removal of invasive plants, and plantings using a variety of native
vegetation that improves the functional attributes of the buffer and provides additional
protection for the watercourse functions. In no case shall the buffer be less than 50 feet.
In areas of the river where this condition currently exists or where the property owner has
constructed these improvements, the buffer width will be the actual distance as measured
from the ordinary high water mark to the top of the bank plus 20 feet.
The shoreline jurisdiction and buffers for the Urban Conservancy Environment are
depicted in the schematic in Figures 4 and 5 below.
I 1
200' -1
1 Urban Conservancy Environment I
I
Allow room to j 100,
reconfigure I I
river bank to I I
3:1 slope Buffer
I I I
I
Ordinary High Water Mark"," Rivera
Figure 4. Schematic of Shoreline Jurisdiction and Buffers for the Urban
Conservancy Environment in Areas without Levees
Buffer in Levee Areas:
For properties located behind the Army Corps of Engineers (ACOE) Certified 205 levee
and County constructed levees, the buffer will extend 125 feet landward from the ordinary
high water mark, determined at the time of development or redevelopment of the site or
when levee replacement or repair is programmed. This buffer width is the maximum
needed to reconfigure the riverbank to the minimum levee profile and to achieve an overall
slope of 3:1, the "angle of repose" or the maximum angle of a stable slope. The
establishment of the 3:1 slope along the Corps certified 205 levee in the Tukwila Urban
Center will allow for incorporating a mid -slope bench that can be planted with vegetation
to improve river habitat. The mid -slope bench also will allow access for maintenance
equipment, when needed. An easement to allow access for levee inspection is required on
the landward side of the levee at the toe.
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I I
I 200'
Urban Conservancy Environment
I I
I IF 125'
I I I
I Allow room -J
I for levee I I
repairor I Buffer
replacement I I
I I I
I
Ordinary High Water Mark Rl1ef
Figure 5. Schematic of Shoreline Jurisdiction and Buffers for the
Urban Conservancy Environment in Areas with Levees
As an alternative to the 125 foot buffer for leveed areas, a property owner may construct
levee or riverbank improvements that meet the Army Corps of Engineers, King County
Flood Control District, and City of Tukwila minimum levee standards. These standards at
a minimum shall include an overall slope no steeper than 3:1 from the toe of the levee to
the riverward edge of the crown, 16-foot access across the top of the levee, a 2:1 back
slope, and an additional no -build area measured from the landward toe for inspection and
repairs. In instances where an existing building that has not lost its nonconforming status
prevents achieving an overall slope of 3:1, the slope should be as close to 3:1 as possible.
A floodwall is not the preferred back slope profile for a levee but may be substituted for
all or a portion of the back slope where necessary to avoid encroachment or damage to a
structure legally constructed prior to the date of adoption of this Master Program which has
not lost its nonconforming status and to preserve access needed for building functionality.
The floodwall shall be designed to provide 15-foot clearance between the levee and the
building or to preserve access needed for building functionality while meeting all
engineering safety standards. A floodwall may also be used where necessary to avoid
encroachment on a railroad easement or to provide area for waterward habitat restoration.
In areas of the river where the property owner or a government agency has constructed a
levee with an overall waterward slope of 3:1 or flatter, the buffer will be reduced to the
actual distance as measured from the ordinary high water mark to the landward toe of the
levee or face of a floodwall, plus 15 feet. In the event that the owner provides the City
and/or applicable agency with a levee maintenance easement measured landward from the
landward toe of the levee or levee wall (which easement prohibits the construction of any
structures and allows the City and/or applicable agency to access the area to inspect the
levee), then the buffer shall be reduced to the landward toe of the levee, or landward edge
of the levee floodwall, as the case may be.
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In cases where fill is placed along the back slope of the levee, the shoreline buffer may be
further reduced to the point where the ground plane intersects the back slope. The area
between the landward edge of the buffer and a point 15 feet landward of the underground
levee toe shall be covered by an easement prohibiting the construction of any structures
and allowing the City and/or applicable agency to access the area to inspect the levee and/or
floodwall and make any necessary repairs. See Figure 6 below.
Buffer that could
Be Replaced
by Easements
New Ground 10 2
Plane ,\ s�
Fill
Buffer Reduction
Landward
Levee Toe
2*
Proposed Levee
18' Top Width
Buffer Reduction with Backfill Option
Not To Scale
Figure 6. Schematic of Buffer Reduction Through
Placement of Fill on Levee Back Slope
7.8 High Intensity Environment
A. Designation Criteria
The High Intensity Shoreline Environment area is currently developed with high intensity
urban commercial, industrial and/or transportation uses or is designated for such uses in
the proposed north annexation area. This environment begins at the Ordinary High Water
Mark and extends landward 200 feet and is located from the southern edge of the Turning
Basin north to the City limits and includes the North PAA. This Environment is generally
located along portions of the Duwamish River that are navigable to large watercraft. Uses
will be restricted immediately adjacent to the river by establishment of a minimum
protective buffer.
The Transition Zone is located partly in the High Intensity Environment. The Transition
Zone is the location where freshwater from a river and saltwater from the marine salt wedge
mix creating brackish conditions. Often it is also where the river widens, stream velocities
decrease and estuarine mudflats begin to appear. Habitat associated with the Transition
Zone is critically important for juvenile Chinook and chum smolts making the transition to
salt water. The Transition Zone moves upstream and downstream in response to the
combination of stream flow and tidal elevations and as a result varies over a 24-hour period
and seasonally. The Transition Zone is a crucial habitat for salmonids.
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B. Purpose of Environment and Establishment of River Buffer
The purpose of the Urban High Intensity Environment is to provide for high intensity,
commercial, transportation and industrial uses and to promote water dependent and water
oriented uses while protecting existing shoreline ecological functions and restoring
ecological functions in areas that have been previously degraded.
The purposes of the High Intensity River Buffer are to:
• Protect existing and restore degraded ecological functions of the open space,
floodplain and other critical areas in the developed urban settings;
• Ensure no net loss of shoreline function when new development or re-
development occurs;
• Provide opportunities for shoreline restoration and public access;
• Allow for adequate flood and channel management to ensure protection of
property, while accommodating shoreline habitat enhancement and promoting
restoration of the natural character of the shoreline environment, wherever
possible;
• Avoid the need for new shoreline armoring; and
• Protect existing and new development from high river flows.
A buffer of 100 feet is established, which allows enough room to reconfigure the riverbank
to achieve a slope of 3:1 (starting at the OHWM rather than the toe), the "angle of repose"
or the maximum angle of a stable slope and allow for some restoration and improvement
of shoreline function through the installation of native plants and other habitat features.
The actual amount of area needed to achieve a 3:1 slope may be less than 100 feet,
depending on the character of the riverbank, and can only be determined on a site -by -site
basis.
I I
200' >1
I High Intensity Environment I
I I
K 104'--_4
Allow room to I I I
reconfigure I I
river bank to Buffer
3:1 slope I I I
I
Ordinary High Water Mark Rive
Figure 7. Schematic Showing the Proposed Shoreline Jurisdiction
and Buffer for the High Intensity Environment
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As an alternative to the 100-foot buffer, a property owner may re -slope the riverbank to a
maximum 3:1, provide a 20-foot setback from the top of the new slope and vegetate both
the riverbank and the 20-foot setback area in accordance with the standards in the
Vegetation Protection and Landscaping Section. The property owner must also
demonstrate that this approach will not result in a loss of ecological functions of the
shoreline. In areas of the river where this condition currently exists or where the property
owner has constructed these improvements, the buffer width will be the actual distance as
measured from the Ordinary High Water Mark to the top of the bank plus 20 feet. In no
case shall the buffer be less than 50 feet.
In any shoreline environment where an existing improved street or road runs parallel to the
river through the buffer, the buffer would end on the river side of the street or road.
7.9 Aquatic Environment
A. Designation Criteria
All water bodies within the City limits and its potential annexation area under the
jurisdiction of the Shoreline Management Act waterward of the ordinary high water mark.
The aquatic environment includes the water surface together with the underlying lands and
the water column.
B. Purpose
The purpose of this designation is to protect the unique characteristics and resources of the
aquatic environment by managing use activities to prioritize preservation and restoration
of natural resources, navigation, recreation and commerce, and by assuring compatibility
between shoreland and aquatic uses.
8. SHORELINE USE REGULATIONS AND DEVELOPMENT
STANDARDS
Uses that are permitted outright, permitted as a Conditional Use, or prohibited altogether
for each Shoreline Environment are provided in TMC Section 18.44.030 along with special
conditions and general requirements controlling specific uses. These regulations are
intended to implement the purpose of each Shoreline Environment designation adopted
with this SMP. Development standards such as setbacks, height limitations, water quality
regulations, flood hazard reduction, shoreline stabilization, protection of archaeological
resources, environmental impact mitigation, parking and over water structures
requirements are codified in TMC Chapter 18.44.
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The Administrative procedures codified in TMC Chapter 18.44 are designed to:
• Assign responsibilities for implementation of the Master Program and Shoreline
Permits.
• Establish an orderly process by which to review proposals and permit
applications.
• Ensure that all persons affected by this Master Program are treated in a fair and
equitable manner.
These procedures include permit application requirements, conditional use approval
criteria, variance approval criteria, and regulations for non -conforming development.
9. ENVIRONMENTALLY CRITICAL AREAS WITHIN THE
SHORELINE JURISDICTION
9.1 Applicable Critical Areas Regulations
A. The following critical areas shall be regulated in accordance with the provisions of the
Critical Areas Ordinance (TMC Chapter 18.45), Ordinance No. 2625, March 2, 2020,
which is herein incorporated by reference into this SMP, except for the provisions excluded
in subsection B of this section:
1. Wetlands
2. Watercourses (Type F, Type Np, Type Ns)
3. Areas of potential geologic instability
4. Fish and wildlife habitat conservation areas
Such critical area provisions shall apply to any use, alteration, or development within
shoreline jurisdiction whether or not a shoreline permit or written statement of exemption
is required. Unless otherwise stated, no development shall be constructed, located,
extended, modified, converted, or altered, or land divided without full compliance with the
provision adopted by reference and the Shoreline Master Program. Within shoreline
jurisdiction, the regulations of TMC Chapter 18.45 shall be liberally construed together
with the Shoreline Master Program to give full effect to the objectives and purposes of the
provisions of the Shoreline Master Program and the Shoreline Management Act. If there
is a conflict or inconsistency between any of the adopted provisions below and the
Shoreline Master Program, the most restrictive provisions shall prevail.
B. The following provisions of TMC Chapter 18.45 do not apply within the Shoreline
jurisdiction:
1. Critical Area Master Plan Overlay (TMC Section 18.45.160)
2. Reasonable Use Exceptions (TMC Section 18.45.180)
3. Time Limitation, Appeals and Vesting (TMC Section 18.45.190)
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4. Wetlands Uses, Alterations and Mitigation (TMC Section 18.45.090). Activities
and alterations to wetlands and their buffers located within shoreline jurisdiction
shall be subject to the provisions and permitting mechanisms of this Master
Program.
C. Critical areas comprised of frequently flooded areas and areas of seismic instability are
regulated by the Flood Zone Management Code (TMC Chapter 16.52) and the Washington
State Building Code, rather than by TMC Chapter 18.44.
9.2 Purpose
A. The Growth Management Act (RCW 36.70A) and Shoreline Management Act (RCW
90.58) require protection of critical areas, defined as wetlands, watercourses, frequently
flooded areas, geologically hazardous areas, critical aquifer recharge areas, and fish and
wildlife conservation areas.
B. The purpose of protecting environmentally critical areas within the shoreline
jurisdiction is to:
1. Minimize developmental impacts on the natural functions and values of these
areas.
2. Protect quantity and quality of water resources.
3. Minimize turbidity and pollution of wetlands and fish -bearing waters and
maintain wildlife habitat.
4. Prevent erosion and the loss of slope and soil stability caused by the removal of
trees, shrubs, and root systems of vegetative cover.
5. Protect the public against avoidable losses, public emergency rescue and relief
operations cost, and subsidy cost of public mitigation from landslide, subsidence,
erosion and flooding.
6. Protect the community's aesthetic resources and distinctive features of natural
lands and wooded hillsides.
7. Balance the private rights of individual property owners with the preservation of
environmentally critical areas.
8. Prevent the loss of wetland and watercourse function and acreage, and strive for
a gain over present conditions.
9. Give special consideration to conservation or protection measures necessary to
protect or enhance anadromous fisheries.
10. Incorporate the use of the most current, accurate, and complete scientific and
technical information available in the regulation and protection of critical areas
as required by the state Shoreline Management Act, according to WAC 173-26-
201 and WAC 173-26-221.
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C. The goal of these critical area regulations is to provide a level of protection to critical
areas located within shorelines of the state that assures no net loss of shoreline ecological
functions necessary to sustain shoreline natural resources. Critical areas currently
identified in the shoreline jurisdiction are discussed in the Shoreline Inventory and
Characterization Report, which forms part of this Shoreline Master Program. The locations
are mapped on the Critical Areas in the Shoreline Map (Map 4). This map is based on
assessment of current conditions and review of the best available information. However,
additional critical areas may exist within the shoreline jurisdiction and the boundaries of
the critical areas shown are not exact. It is the responsibility of the property owner to
determine the presence of critical areas on the property and to verify the boundaries in the
field.
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i
may' 1i. rilot- to
Turning Basin
Legend
Tukwila City Limits
Type F Shoreline Wetland
Type F Shoreline Wetland Buffer (80')
®
Fish & Wildlife Habitat Conservation Area
Fish & Wildlife Habitat Buffer (100')
o o vfl
Type F Stream
s
Type F Stream in Pipe
Type Np Stream
Type Np Stream in Pipe
Type Ns Stream
r�
Type Ns Stream in Pipe
Type F Watercourse Buffer (100')
Type Np Watercourse Buffer (80')
QType
Ns Watercourse Buffer (50')
200ft River Buffer
Landslide potential is moderate; slope is between 15 % and 40
2 and underlain by relatively permeable soils.
Landslide potential is high; slope is between 15 % and 40 % and
3 underlain by relatively impermeable soils or by bedrock: also
includes all areas slopinq more than 40%.
4 Landslide potential is very high; includes sloping
areas with mappable zones of groundwater 2120 Source:
seepage and existing mappable landslide City of Tukwila GIS
deposits regardless of slope. Kiaq County GIs
*Fish and Wildlife Habitat Conservation Areas shown are salmon
habitat enhancement projects completed or underway. The river
itself is also a Fish and Wildlife Habitat Conservation Area.
IN'.
r
11;
N !
slwm
The mapping of
areas of potential
geologic instability
is approximate. On
site verification of
topography and
geology is
necessary.
Wetland and
locations are
approximate only
and watercourses
shown on this map
have not been
surveyed.
L
i
i
1
1":5 MILE
234
10. PUBLIC ACCESS TO THE SHORELINE
Public access to the shorelines of the state is one of the key goals of the Shoreline
Management Act. Of the seven uses identified in RCW 90.58.020 as having preference in
the shoreline, two relate to public access and recreational opportunities along the shoreline.
The City of Tukwila is fortunate to have a number of public access sites already along the
Green/Duwamish River in addition to the Green River Trail, which runs along almost the
entire length of the river through the City. Other public access points are available at the
North Winds Wier, the Tukwila Community Center, Codiga Park, Bicentennial Park at
Strander Boulevard and parking available on Christianson Road, and at S. 180th Street. A
habitat restoration project is underway at Duwamish Riverbend Hill on South 115th Street,
which also includes public access to the river. The Shoreline Public Access Map (Map 5)
identifies several street ends that could be improved or to which amenities could be added
that would offer opportunities for neighborhood access to the river and/or the Green River
Trail.
The Shoreline Public Access map identifies several potential trail sites on the river to
supplement the existing Green River trail system. The largest stretch of potential trail runs
from S. 180th on the left bank to the end of the south annexation area. A pedestrian bridge
to link the area south of S. 180th Street to the existing trail on the right bank is being
discussed as well. A second area where improvement is needed in public access relates to
boat launches for small hand -launched boats. Several potential sites have been identified
in the Tukwila Parks Department Capital Improvement Program to address this need at
City -owned sites. A comprehensive regional inventory of public access points to the River
should be completed to identify gaps and opportunities.
Requirements for public access to shorelines have been codified in TMC Chapter 18.44.
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Turning Basin "
Legend
Tukwila City Limits
t ! Potential Annexation Areas
- City of Tukwila Property
+•.—• Interurban Trail
Green River Trail
Potential New Trail
Street Ends Potential
Public Access
Map 5
I&
Shoreline
Public Access
Potential
Trail
Green River
Trail
` Interurban
a � Trail
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50
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11. SHORELINE DESIGN GUIDELINES
The Green/Duwamish River is an amenity that should be valued and celebrated when
designing projects that will be located along its length. The river and its tributaries support
salmon runs and resident trout, including the ESA -listed Chinook salmon, Bull Trout and
Steelhead. If any portion of a project falls within the shoreline jurisdiction, then the entire
project will be reviewed under the shoreline specific guidelines codified in TMC Chapter
18.44, as well as the relevant sections of the Design Review Chapter of the Zoning Code
(TMC Chapter 18.60). The standards of TMC Chapter 18.60 shall guide the type of review,
whether administrative or by the Board of Architectural Review.
The standards apply to development, uses and activities in the Urban Conservancy and
High Intensity Environments and non-residential development in the Shoreline Residential
Environment.
12. SHORELINE RESTORATION
The Shoreline Restoration Plan, found in Appendix B, identifies the sites that have been
identified to -date as possible locations for habitat restoration along the Green/Duwamish
River. The City will continue to add sites to the Restoration Plan as they are identified and
will include them in the City's Capital Improvement Program for acquisition and
improvement. Project sites in the Transition Zone have the highest priority for acquisition.
Amendments or revisions to the Shoreline Restoration Plan do not require an amendment
to the Shoreline Master Program.
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13. ADMINISTRATION
The Administrative procedures below are designed to:
• Assign responsibilities for implementation of the Master Program and Shoreline
Permit
• Establish an orderly process by which to review proposals and permit applications
• Ensure that all persons affected by this Master Program are treated in a fair and
equitable manner.
13.1 Applicability of Shoreline Master Program and Substantial Development Permit
A. Development in the Shoreline Jurisdiction
Based on guidelines in the Shoreline Management Act for a minimum shoreline
jurisdiction, Tukwila's Shoreline Jurisdiction is defined as follows:
The Tukwila Shoreline Jurisdiction includes the channel of the
Green/Duwamish River, its banks, the upland area which extends from
the ordinary high water mark landward for 200 feet on each side of the
river, floodways and all associated wetlands within its floodplain. The
floodway shall not include those lands that have historically been
protected by flood control devices and therefore have not been subject to
flooding with reasonable regularity.
B. Applicability
The Tukwila Shoreline Master Program applies to uses, change of uses, activities or
development that occurs within the above -defined shoreline jurisdiction. All proposed uses
and development occurring within the shoreline jurisdiction must conform to Chapter 90.58
RCW, the Shoreline Management Act, and this Master Program whether or not a permit is
required. Except that requirements to obtain a substantial development permit, conditional
use permit, variance, letter of exemption, or other review to implement the Shoreline
Management Act do not apply to the following described in WAC 173-27-044 and WAC
173-27-045:
Remedial actions. Pursuant to RCW 90.58.355, any person conducting a
remedial action at a facility pursuant to a consent decree, order, or agreed order
issued pursuant to Chapter 70.105D RCW, or to the Department of Ecology when
it conducts a remedial action under Chapter 70.105D RCW.
2. Boatyard improvements to meet NPDES permit requirements. Pursuant to
RCW 90.58.355, any person installing site improvements for storm water
treatment in an existing boatyard facility to meet requirements of a national
pollutant discharge elimination system storm water general permit.
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3. WSDOT facility maintenance and safety improvements. Washington State
Department of Transportation projects and activities meeting the conditions of
RCW 90.58.356 are not required to obtain a substantial development permit,
conditional use permit, variance, letter of exemption, or other local review.
4. Projects consistent with an environmental excellence program agreement
pursuant to RCW 90.58.045.
5. Projects authorized through the Energy Facility Site Evaluation Council process,
pursuant to Chapter 80.50 RCW.
13.2 Relationship to Other Codes and Regulations
1. Compliance with this Master Program does not constitute compliance with other
federal, state, and local regulations and permit requirements that may apply. The
applicant is responsible for complying with all other applicable requirements.
2. Where this Master Program makes reference to any RCW, WAC, or other state
or federal law or regulation, the most recent amendment or current edition shall
apply.
3. When any provision of this Master Program or any other federal, state, or local
provision conflicts with this Master Program, the provision that is most protective
of shoreline resources shall prevail, except when constrained by federal or state
law, or where specifically provided otherwise in this Master Program.
4. Relationship to Critical Areas Regulations.
(a) For protection of critical areas where they occur in shoreline jurisdiction, this
Master Program adopts by reference the City's Critical Areas Ordinance,
which is incorporated into this Master Program with specific exclusions and
modifications in Section 9 of this SMP.
(b) All references to the Critical Areas Ordinance are for the version adopted
March 2, 2020. Pursuant to WAC 173-26-191(2)(b), amending the
referenced regulations in the Master Program for those critical areas under
shoreline jurisdiction will require an amendment to the Master Program and
approval by the Department of Ecology.
(c) Within shoreline jurisdiction, the Critical Areas Ordinance shall be liberally
construed together with this Master Program to give full effect to the
objectives and purposes of the provisions of this Master Program and
Chapter 90.58 RCW.
14. APPEALS
Any appeal of a decision by the City on a Shoreline Substantial Development Permit,
Shoreline Conditional Use, Unclassified Use or Shoreline Variance must be appealed to
the Shoreline Hearing Board.
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15. MASTER PROGRAM REVIEW AND AMENDMENTS
15.1. This Master Program shall be periodically reviewed and adjustments shall be made as
are necessary to reflect changing local circumstances, new information or improved data, and
changes in State statutes and regulations. This review process shall be consistent with WAC
173-26 and shall include a local citizen involvement effort and public hearing to obtain the
views and comments of the public.
15.2 Any provision of this Master Program may be amended as provided for in RCW
90.58.080 and WAC 173-26-090 and 173-26-100. Amendments or revisions to the Master
Program, as provided by law, do not become effective until 14 days following written
approval by the Washington State Department of Ecology.
15.3 Proposals for shoreline environment re -designations (i.e. amendments to the shoreline
maps and descriptions) must demonstrate consistency with the criteria set forth in WAC 173-
26 and this program.
16. LIABILITY
16.1. Liability for any adverse impacts or damages resulting from work performed in
accordance with a permit issued on behalf of the City within the City limits, shall be the sole
responsibility of the owner of the site for which the permit was issued.
16.2 No provision of or term used in the Master Program is intended to impose any duty
upon the City or any of its officers or employees that would subject them to damages in a civil
action.
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City of Tukwi*la
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON; REPEALING VARIOUS DEFINITIONS
AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) CHAPTER
18.06, "DEFINITIONS"; REPEALING ORDINANCE NO. 2346 AND
2549 §23; REENACTING TMC CHAPTER 18.44, "SHORELINE
OVERLAY," TO ESTABLISH NEW REGULATIONS RELATED TO
SHORELINE USES; AMENDING VARIOUS ORDINANCES AS
CODIFIED IN TMC SECTIONS 18.52.030, 18.60.050 AND
18.104.010 TO UPDATE ZONING REGULATIONS RELATED TO
SHORELINE USES; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 90.58 finds that shorelines of the state are among the most
valuable and fragile of its natural resources and that unrestricted construction on privately
and publicly owned shorelines of the state is not in the best public interest; and
WHEREAS, RCW 90.58 establishes a hierarchy of preference for uses in shorelines
of state-wide significance: recognizing and protecting the state-wide interest over local
interest; preserving the natural character of the shoreline; resulting in long term over short
term benefit; protecting the resources and ecology of the shoreline; increasing public
access to publicly owned areas of the shorelines; increasing recreational opportunities
for the public in the shoreline; and providing for any other element as defined in RCW
90.58.100 deemed appropriate or necessary; and
WHEREAS, RCW 90.58.080 directs local governments to develop and administer
local shoreline master programs for regulation of uses on shorelines of the state; and
WHEREAS, the Green/Duwamish River, a shoreline of the state regulated under
RCW 90.58, runs through the entire length of the City of Tukwila; and
WHEREAS, Puget Sound Chinook Salmon and Bull Trout have been listed as
Threatened under the Federal Endangered Species Act, and the Green/Duwamish River
throughout Tukwila is a critical resource for these species, making shoreline habitat
protection and restoration crucial, particularly in the Transition Zone portion of the river
that extends from the East Marginal Way South bridge through the north City limits; and
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WHEREAS, Tukwila's current Shoreline Master Program was adopted in 2009 and
revised per Department of Ecology comments in 2011; and
WHEREAS, the City is conducting a required periodic update of its Shoreline Master
Program per RCW 90.58.080 (4)(b)(i) using the joint review process with the Department
of Ecology; and
WHEREAS, the City Council adopted a Public Outreach Plan that incorporated a
variety of methods to notify the general public and property owners along the shoreline of
the proposed Shoreline Master Program update including an open house, mailings to
property owners and tenants, notice in a stormwater bill, postings on the City's web site,
creation of a broadcast e-mail group who received updates of the shoreline review
process and articles in the City's newsletter "The Hazelnut;" and
WHEREAS, the Planning Commission reviewed a public review draft Shoreline
Master Program, held a public hearing on March 28, 2019, and recommended adoption
of a revised Shoreline Master Program to the City Council on April 25, 2019; and
WHEREAS, an environmental checklist was prepared for the draft Shoreline Master
Program update as recommended by the Planning Commission and a Determination of
Non -Significance was issued May 15, 2019; and
WHEREAS, the City Council held a public hearing on June 24, 2019, to review the
Planning Commission recommended draft Shoreline Master Program; and
WHEREAS, the City Council reviewed written and verbal testimony and approved
revisions to the Planning Commission recommended draft Shoreline Master Program to
address issues raised by interested parties, individual councilmembers, staff and the
Department of Ecology; and
WHEREAS, notice has been provided to the Washington State Department of
Commerce pursuant to RCW 36.70A.106;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 2347 §8,
as codified in Tukwila Municipal Code (TMC) Chapter 18.06, "Definitions," under the
subparagraph entitled "Development, Shoreline," is hereby amended to read as follows:
Development, Shoreline
"Development, shoreline" means, when conducted within the Shoreline Jurisdiction
on shorelands or shoreland areas as defined herein, a use consisting of the construction
or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand,
gravel, or minerals; construction of bulkheads; driving of piling; placing of obstructions; or
any project of a permanent or temporary nature that interferes with the normal public use
of the waters overlying lands subject to the Shoreline Management Act at any stage of
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water level. "Development, Shoreline" does not include dismantling or removing
structures if there is no other associated development or re -development.
Section 2. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 2347
§15, as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled
"Floodway," is hereby amended to read as follows:
Floodway
"Floodway" means the area that has been established in effective federal emergency
management agency flood insurance rate maps or floodway maps. The floodway does
not include lands that can reasonably be expected to be protected from flood waters by
flood control devices maintained by or maintained under license from the federal
government, the state, or a political subdivision of the state.
Section 3. TMC Section Adopted. A new section is hereby added to TMC Chapter
18.06, "Definitions," as follows:
Nonconforming Structure, Shoreline
"Nonconforming Structure, Shoreline" means a structure legally established prior to
the effective date of the Shoreline Master Program, but which does not conform to present
regulations or standards of the program.
Section 4. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1
(part), as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled
"River Channel," is hereby amended to read as follows:
River Channel
"River Channel" means that area of the river lying riverward of the mean high water
mark.
Section 5. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 2347 §33,
as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled
"Shoreline Areas," is hereby amended to read as follows:
Shorelines or Shoreline Areas
"Shorelines" or "Shoreline areas" means all "shorelines of the state" and "shorelands"
as defined in RCW 90.58.030.
Section 6. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 2347 §41,
as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled
"Substantial Development," is hereby amended to read as follows..
Substantial Development
"Substantial development" means any development of which the total cost or fair
market value exceeds $7,047.00 or any development that materially interferes with the
normal public use of the water or shorelines of the state. The dollar threshold established
in this definition must be adjusted for inflation by the Office of Financial Management
every five years, beginning July 1, 2007, based upon changes in the Consumer Price
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Index during that time period. "Consumer Price Index" means, for any calendar year, that
year's annual average Consumer Price Index, Seattle, Washington area, for urban wage
earners and clerical workers, all items, compiled by the Bureau of Labor and Statistics,
United States Department of Labor. In accordance with WAC 173-27-040, as it now reads
and as hereafter amended, the following shall not be considered developments which
require a shoreline substantial development permit, although shall still comply with the
substantive requirements of the Shoreline Master Program:
1. Normal maintenance or repair of existing structures or developments,
including repair of damage caused by accident, fire, or elements.
2. Emergency construction necessary to protect property from damage by the
elements.
3. Construction and practices normal or necessary for farming, irrigation, and
ranching activities, including agricultural service roads and utilities on shorelands, and the
construction and maintenance of irrigation structures including but not limited to head
gates, pumping facilities, and irrigation channels. A feedlot of any size, all processing
plants, other activities of a commercial nature, and alteration of the contour of the
shorelands by leveling or filling other than that which results from normal cultivation, shall
not be considered normal or necessary farming or ranching activities. A feedlot shall be
an enclosure or facility used or capable of being used for feeding livestock hay, grain,
silage, or other livestock feed, but shall not include land for growing crops or vegetation
for livestock feeding and/or grazing, nor shall it include normal livestock wintering
operations.
4. Construction or modification of navigational aids such as channel markers
and anchor buoys.
5. Construction on shorelands by an owner, lessee, or contract purchaser of a
single family residence for his own use or for the use of his or her family, which residence
does not exceed a height of 35 feet above average grade level and which meets all
requirements of the state agency or local government having jurisdiction thereof, other
than requirements imposed pursuant to this chapter.
6. Construction of a dock, including a community dock, designed for pleasure
craft only, for the private non-commercial use of the owner, lessee, or contract purchaser
of single and multiple family residences. This exception applies if either:
or
(a) In salt waters, the fair market value of the dock does not exceed $2,500;
(b) in fresh waters, the fair market value of the dock does not exceed:
(1) $20,000 for docks that are constructed to replace existing docks,
and are of equal or lesser square footage than the existing dock being replaced; or
(2) $10,000 for all other docks constructed on fresh waters.
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(3) However, if subsequent construction occurs within five years of
completion of the prior construction, and the combined fair market value of the
subsequent and prior construction exceeds the amount specified above, the subsequent
construction shall be considered a substantial development for the purpose of this
chapter.
7. Operation, maintenance, or construction of canals, waterways, drains,
reservoirs, or other facilities that now exist or are hereafter created or developed as a part
of an irrigation system for the primary purpose of making use of system waters, including
return flow and artificially stored groundwater for the irrigation of lands.
8. The marking of property lines or corners on state owned lands, when such
marking does not significantly interfere with normal public use of the surface of the water.
9. Operation and maintenance of any system of dikes, ditches, drains, or other
facilities existing on September 8, 1975, which were created, developed, or utilized
primarily as a part of an agricultural drainage or diking system.
10. Site exploration and investigation activities that are prerequisite to
preparation of an application for development authorization under this chapter, if:
a. The activity does not interfere with the normal public use of the surface
waters;
b. The activity will have no significant adverse impact on the environment
including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and
aesthetic values;
c. The activity does not involve the installation of a structure, and upon
completion of the activity the vegetation and land configuration of the site are restored to
conditions existing before the activity;
d. A private entity seeking development authorization under this section
first posts a performance bond or provides other evidence of financial responsibility to the
local jurisdiction to ensure the site is restored to preexisting conditions; and
e. The activity is not subject to the permit requirements of RCW 90.58.550
(Oil and Natural Gas exploration in marine waters).
11. The process of removing or controlling an aquatic noxious weed, as defined
in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable
to weed control that are recommended by a final environmental impact statement
published by the Department of Agriculture or the department jointly with other state
agencies under chapter 43.21 C RCW.
12. Watershed restoration projects, which means a public or private project
authorized by the sponsor of a watershed restoration plan that implements the plan or a
part of the plan and consists of one or more of the following activities:
a. A project that involves less than 10 miles of stream reach, in which less
than 25 cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged,
and in which no existing vegetation is removed except as minimally necessary to facilitate
additional plantings.
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b. A project for the restoration of an eroded or unstable stream bank that
employs the principles of bioengineering, including limited use of rock as a stabilization
only at the toe of the bank, and with primary emphasis on using native vegetation to
control the erosive forces of flowing water.
c. A project primarily designed to improve fish and wildlife habitat, remove
or reduce impediments to migration of fish, or enhance the fishery resource available for
use by all of the citizens of the state, provided that any structure, other than a bridge or
culvert or instream habitat enhancement structure associated with the project, is less than
200 square feet in floor area and is located above the ordinary high water mark of the
stream.
13. Watershed restoration plan, which means a plan, developed or sponsored
by the Department of Fish and Wildlife, the Department of Ecology, the Department of
Natural Resources, the Department of Transportation, a federally recognized Indian tribe
acting within and pursuant to its authority, a city, a county or a conservation district that
provides a general program and implementation measures or actions for the preservation,
restoration, re-creation, or enhancement of the natural resources, character, and ecology
of a stream, stream segment, drainage area or watershed for which agency and public
review has been conducted pursuant to the State Environmental Policy Act.
14. A public or private project that is designed to improve fish or wildlife habitat
or fish passage, when all of the following apply:
a. The project has been approved in writing by the Department of Fish and
Wildlife;
b. The project has received hydraulic project approval by the Department
of Fish and Wildlife pursuant to Chapter 77.55 RCW; and
c. The local government has determined the project is substantially
consistent with the local Shoreline Master Program. The local government shall make
such determination in a timely manner and provide it by letter to the project proponent.
Additional criteria for determining eligibility of fish habitat projects are found in WAC
173-27-040 2 (p) and apply to this exemption.
15. The external or internal retrofitting of an existing structure for the exclusive
purpose of compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101 et seq.) or to otherwise provide physical access to the structure by individuals with
disabilities.
Section 7. Section Numbers within TMC Chapter 18.06, "Definitions," Amended.
As a result of amendments contained herein, the section number for some definitions
in TMC Chapter 18.06, "Definitions," may be changed as part of codification of this
ordinance including, but not limited to, the following:
Current Section Number
18.06.330
18.06.472
18.06.590
Definition
Floodplain
Large Woody Debris (LWD)
Nonconforming Use
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18.06.591
Non -Water -Oriented Uses
18.06.592
Office
18.06.593
Open Record Appeal
18.06.594
Open Record Hearing
18.06.595 Open Space
Section 8. Repealer. Ordinance No. 1758 §1 (part), as codified in TMC Chapter
18.06, "Definitions," under the subparagraph entitled "High -Impact Environment," is
hereby repealed.
Section 9. Repealer. Ordinance No. 2347 §19, as codified in TMC Chapter 18.06,
"Definitions," under the subparagraph entitled "Levee, Minimum Profile," is hereby
repealed.
Section 10. Repealer. Ordinance No. 1758 §1 (part), as codified in TMC Chapter
18.06, "Definitions," under the subparagraph entitled "Low -Impact Environment," is
hereby repealed.
Section 11. Repealer. Ordinance No. 1758 §1 (part), as codified in TMC Chapter
18.06, "Definitions," under the subparagraph entitled "River Environment," is hereby
repealed.
Section 12. Repealer. Ordinance No. 1758 §1 (part), as codified in TMC Chapter
18.06, "Definitions," under the subparagraph entitled "Shoreline," is hereby repealed.
Section 13. Repealer. Ordinance No. 2346 as codified in Tukwila Municipal Code
Chapter 18.44 is hereby repealed in its entirety.
Section 14. Repealer. Ordinance No. 2549 §23, as codified at Tukwila Municipal
Code Section 18.44.150, "Enforcement and Penalties," is hereby repealed.
Section 15. TMC Chapter 18.44 Reenacted. Tukwila Municipal Code (TMC)
Chapter 18.44, "Shoreline Overlay," is hereby reenacted to read as follows:
CHAPTER 18.44
SHORELINE OVERLAY
Sections:
18.44.010
Purpose and Applicability
18.44.020
Shoreline Environment Designations
18.44.030
Principally Permitted Uses and Shoreline Use and
Modification Matrix
18.44.040
Shoreline Buffers
18.44.050
Development Standards
18.44.060
Vegetation Protection and Landscaping
18.44.070
Environmentally Critical Areas within the Shoreline
Jurisdiction
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18.44.080
Public Access to the Shoreline
18.44.090
Shoreline Design Guidelines
18.44.100
Shoreline Restoration
18.44.110
Administration
18.44.120
Appeals
18.44.130
Enforcement and Penalties
18.44.140
Liability
Section 16. TMC Section 18.44.010 is hereby reenacted to read as follows:
18.44.010 Purpose and Applicability
A. The purpose of this chapter is to implement the Shoreline Management Act of
1971, as amended, and the rules and regulations thereunder as codified in the
Washington Administrative Code; and to provide for the regulation of development that
affects those areas of the City under the jurisdiction of the Shoreline Management Act.
In particular, the purpose of this chapter is to:
1. Recognize and protect shorelines of State-wide significance;
2. Preserve the natural character of the shoreline;
3. Protect the resources and ecology of the shoreline;
4. Increase public access to publicly -owned areas of the shoreline;
5. Increase recreational opportunities for the public in the shoreline:
6. Protect and create critical Chinook salmon habitat in the Transition Zone of
the Green River.
B. Applicability of Amended Zoni
ordinance, Chapter 18.44 of the Zoning C
properties subject to the shoreline overlay,
be deemed to override any vested rights c
use or non -conforming structure, except as
Zoning Code, as amended.
ig Code. After the effective date of this
)de, as hereby amended, shall apply to all
provided that nothing contained herein shall
require any alteration of a non -conforming
specifically provided in Chapter 18.44 of the
C. Pursuant to WAC 173-26-191 (2)(c), this chapter, together with the Shoreline
Element of the Comprehensive Plan, constitutes the City of Tukwila's Shoreline Master
Program. Any modifications to these documents will be processed as a Shoreline Master
Program Amendment and require approval by the Department of Ecology.
Section 17. TMC Section 18.44.020 is hereby reenacted to read as follows:
18.44.020 Shoreline Environment Designations
All shoreline within the City is designated "urban" and further identified as follows:
1. Shoreline Residential Environment. All lands zoned for residential use as
measured 200 feet landward from the Ordinary High Water Mark (OHWM).
Im
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2. Urban Conservancy Environment. All lands not zoned for residential use
upstream from the Turning Basin as measured 200 feet landward from the OHWM.
3. High Intensity Environment. All lands downstream from the Turning Basin
as measured 200 feet landward from the OHWM.
4. Aquatic Environment. All water bodies within the City limits and its
potential annexation areas under the jurisdiction of the Shoreline Management Act
waterward of the Ordinary High Water Mark. The Aquatic Environment includes the water
surface together with the underlying lands and the water column.
Section 18. TMC Section 18.44.030 is hereby reenacted to read as follows:
18.44.030 Principally Permitted Uses and Shoreline Use and Modification Matrix
A. TMC Section 18.44.030.A, including the Use Matrix (Figure 18-1), specifies the
uses that are permitted outright, permitted as a Conditional Use or prohibited altogether
for each Shoreline Environment. Also included are special conditions and general
requirements controlling specific uses. These regulations are intended to implement the
purpose of each Shoreline Environment designation.
B. In the matrix, shoreline environments are listed at the top of each column and
the specific uses are listed along the left-hand side of each horizontal row. The cell at the
intersection of a column and a row indicates whether a use may be allowed in a specific
shoreline environment and whether additional use criteria apply. The matrix shall be
interpreted as follows:
1. If the letter "P" appears in the box at the intersection of the column and the
row, the use may be allowed within the shoreline environment if the underlying zoning
also allows the use. Shoreline (SDP, CUP and Variance) permits may be required.
2. If the letter "C" appears in the box at the intersection of the column and the
row, the use may be allowed within the shoreline environment subject to the shoreline
conditional use review and approval procedures specified in TMC Section 18.44.110.E.
3. If the letter "X" appears in the box at the intersection of the column and the
row, the use is prohibited in that shoreline environment.
C. In addition to the matrix, the following general use requirements also apply to all
development within the shoreline jurisdiction. Additional requirements controlling specific
uses are set forth for each Shoreline Environment designation, to implement the purpose
of the respective Shoreline Environment designations.
1. The first priority for City -owned property, other than right-of-way, within the
shoreline jurisdiction shall be reserved for water -dependent uses including but not limited
to habitat restoration, followed by water -enjoyment uses, public access, passive
recreation, passive open space uses, or public educational purposes.
2. No hazardous waste handling, processing or storage is allowed within the
SMA shoreline jurisdiction, unless incidental to a use allowed in the designated shoreline
environment and adequate controls are in place to prevent any releases to the
shoreline/river.
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3. Overwater structures, shall not cause a net loss of ecological function,
interfere with navigation or flood management, or present potential hazards to
downstream properties or facilities. They shall comply with the standards in the
Overwater Structures Section of TMC Section 18.44.050.K.
4. Parking as a primary use is not permitted, except for existing Park and Ride
lots, where adequate stormwater collection and treatment is in place to protect water
quality. Parking is permitted only as an accessory to a permitted or conditional use in the
shoreline jurisdiction.
5. All development, activities or uses, unless it is an approved overwater, flood
management structure or shoreline restoration project, shall be prohibited waterward of
the OHWM.
SHORELINE USE MATRIX* (FIGURE 18-1)
P = May be permitted subject to
development standards.
C = May be permitted as a Shoreline
Conditional Use.
X = Not Allowed in Shoreline Jurisdiction.
Shoreline Residential
Urban Conservancy
High
Intensity
Aquatic
Environment
Buffer
Non-
Buffer
Buffer
Non-
Buffer
Buffer
Non -
Buffer
AGRICULTURE
Farming and farm -related activities
X
X
X
P
X
X
X
Aquaculture
X
X
X
X
X
X
X
COMMERCIAL (1)
General
X
X
X
P
X
P (2)
P (3)
Automotive services, gas (outside pumps
allowed), washing, body and engine repair
shops (enclosed within a building)
X
X
X
C
X
C (2)
X
Contractors storage yards
X
I X
X
C
X
C (2)
X
Water -oriented uses
C
P
C
P
C
P
C
Water -dependent uses
P (4)
P (5)
P (4)
P
P (4)
P
P
Storage
P (6)
P (5)
P (6)
P
P (6)
P
X
CIVIC/INSTITUTIONAL
General
X
P
X
P
X
P
X
DREDGING
Dredging for remediation of contaminated
substances
C (7)
NA
C (7)
NA
C (7)
NA
C (7)
Dredging for maintenance of established
navigational channel
NA
NA
NA
NA
NA
NA
P (8)
Other dredging for navigation
NA
NA
NA
NA
NA
NA
C (9)
Dredge material disposal
X
X
X
X
X
X
X
Dredging for fill
NA
NA
NA
NA
NA
NA
X :1
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Page 10 of 64
P = May be permitted subject to
development standards.
C = May be permitted as a Shoreline
Conditional Use.
X = Not Allowed in Shoreline Jurisdiction.
Shoreline Residential
Urban Conservancy
High
Intensity
Aquatic
Environment
Buffer
Non-
Buffer
Buffer
Non-
Buffer
Buffer
Non -
Buffer
ESSENTIAL PUBLIC FACILITY (Water
Dependent)
P
P
P
P
P
P
P
ESSENTIAL PUBLIC FACILITY (Nonwater
Dependent) (10)
C
C
C
C
C
C
C
FENCES
P (11)
P
C (11)
P
C (11)
P
X
FILL
General
C (12)
P
C (12)
P
C (12)
P
C (12)
Fill for remediation, flood hazard reduction
or ecological restoration
P (13)
P
P (13)
P
P (13)
P
P (13)
FLOOD HAZARD MANAGEMENT
Flood hazard reduction (14)
P
P
P
P
P
P
P
Shoreline stabilization (15)
P
P
P
P
P
P
P
INDUSTRIAL (16)
General
X
X
P (3)
P
P (3)
P (2)
P (3)
Animal rendering
X
X
X
C
X
X
X
Cement manufacturing
X
X
X
C
X
C (2)
X
Hazardous substance processing and
handling & hazardous waste treatment and
storage facilities (on or off -site) (17)
X
X
X
X
X
X
X
Rock crushing, asphalt or concrete batching
or mixing, stone cutting, brick manufacture,
marble works, and the assembly of products
from the above materials
X
X
X
C
X
C (2)
X
Salvage and wrecking operations
X
X
X
C
X
C (2)
X
Tow -truck operations, subject to all
additional State and local regulations
X
X
X
C
X
P (2)
X
Truck terminals
X
X
X
P
X
P (2)
X
Water -oriented uses
X
X
C
P
C
P
C
Water -dependent uses (17)
X
X
P (4)
P
P (4)
P
P
MINING
General
X
X
X
X
X
X
X
OVERWATER STRUCTURES (18)
Piers, docks, and other overwater structures
P (19)
NA
P (20)
NA
P (20)
NA
P (20,21)
Vehicle bridges (public)
P (31, 4)
P (31)
P (31, 4)
P (31)
P (31, 4)
P (31)
P (31)
Vehicle bridges (private)
C
C
C
C
C
C
C
Public pedestrian bridges
P
P
P
P
P
P
P
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P = May be permitted subject to
development standards.
C = May be permitted as a Shoreline
Conditional Use.
X = Not Allowed in Shoreline Jurisdiction.
Shoreline Residential
Urban Conservancy
High
Intensity
Aquatic
Environment
Buffer
Non-
Buffer
Buffer
Non-
Buffer
Buffer
Non -
Buffer
PARKING — ACCESSORY
Parking areas limited to the minimum
necessary to support permitted or
conditional uses
X
P (5)
X
P
X
P
X
RECREATION
Recreation facilities (commercial — indoor)
X
X
X
P
X
P (22)
X
Recreation facilities (commercial — outdoor)
X
X
C (23,
24)
C (24)
C (23,
24)
C (24)
X
Recreation facilities, including boat launching
(public)
P (23)
P
P (23,24,
25)
C
P (23,
25)
P
P (3)
Public and private promenades, footpaths, or
trails
P
P
P (26)
P
P (26)
P
X
RESIDENTIAL —SINGLE FAMILY/MULTI-FAMILY
Dwelling
X (27)
P
X
P
X
X
X
Houseboats
X
X
X
X
X
X
X
Live-aboards
X
X
X
X
X
X
P (21,28)
Patios and decks
P (29)
P
P (29)
P
P
P
X
Signs (30)
P
P
P
P
P
P
X
Shoreline Restoration
P
P
P
P
P
P
P
TRANSPORTATION
General
C
C
C
C
C
C
C (3)
Park & ride lots
X
X
X
C (9)
X
C (9)
X
Levee maintenance roads
P (32)
P (32)
P (32)
P (32)
P (32)
P (32)
NA
Railroad
X
P
X
X
X
X
X
UTILITIES
General (10)
P (4)
P
P (4)
P
P (4)
P
C
Provision, distribution, collection,
transmission, or disposal of refuse
X
X
X
X
X
X
X
Hydroelectric and private utility power
generating plants
X
X
X
X
X
X
X
Wireless towers
X
X
X
X
X
X
X
Support facilities, such as outfalls
P (33)
P
P (33)
P
P (33)
P
C (33)
Regional detention facilities
X
X
P (34)
P (34)
P (34)
P (34)
X
USES NOT SPECIFIED
C
C
C
C
C
C
C
*This matrix is a summary. Individual notes modify standards in this matrix. Permitted or
conditional uses listed herein may also require a shoreline substantial development permit and
other permits.
(1) Commercial uses mean those uses that are involved in wholesale, retail, service and
business trade. Examples include office, restaurants, brew pubs, medical, dental and
veterinary clinics, hotels, retail sales, hotel/motels, and warehousing.
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(2) Nonwater-oriented uses may be allowed as a permitted use where the City determines that
water -dependent or water -enjoyment use of the shoreline is not feasible due to the
configuration of the shoreline and water body.
(3) Permitted only if water dependent.
(4) Structures greater than 35 feet tall require a conditional use permit.
(5) Permitted if located to the most upland portion of the property and adequately screened
and/or landscaped in accordance with the Vegetation Protection and Landscaping section.
(6) Outdoor storage within the shoreline buffer is only permitted in conjunction with a water -
dependent use.
(7) Conditionally allowed when in compliance with all federal and state regulations.
(8) Maintenance dredging of established navigation channels and basins is restricted to
maintaining previously dredged and/or existing authorized location, depth and width.
(9) Conditionally allowed when significant ecological impacts are minimized and mitigation is
provided.
(10) Allowed in shoreline jurisdiction when it is demonstrated that there is no feasible alternative
to locating the use within shoreline jurisdiction.
(11) The maximum height of the fence along the shoreline shall not exceed four feet in residential
areas or six feet in commercial areas where there is a demonstrated need to ensure public
safety and security of property. The fence shall not extend waterward beyond the top of the
bank. Chain -link fences must be vinyl coated.
(12) Fill minimally necessary to support water -dependent uses, public access, or for the alteration
or expansion of a transportation facility of statewide significance currently located on the
shoreline when it is demonstrated that alternatives to fill are not feasible is conditionally
allowed.
(13) Landfill as part of an approved remediation plan for the purpose of capping contaminated
sediments is permitted.
(14) Any new or redeveloped levee shall meet the applicable levee requirements of this chapter.
(15) Permitted when consistent with TMC Section 18.44.050.F.
(16) Industrial uses mean those uses that are facilities for manufacturing, processing, assembling
and/or storing of finished or semi -finished goods with supportive office and commercial uses.
Examples include manufacturing processing and/or assembling such items as electrical or
mechanical equipment, previously manufactured metals, chemicals, light metals, plastics,
solvents, soaps, wood, machines, food, pharmaceuticals, previously prepared materials;
warehousing and wholesale distribution; sales and rental of heavy machinery and equipment;
and internet data centers.
(17) Subject to compliance with state siting criteria RCW Chapter 70.105 (See also Environmental
Regulations, Section 9, SMP).
(18) Permitted when associated with water -dependent uses, public access, recreation, flood
control or channel management.
(19) Permitted when the applicant has demonstrated a need for moorage and that the following
alternatives have been investigated and are not available or feasible:
(a) commercial or marina moorage;
(b) floating moorage buoys;
(c) joint use moorage pier/dock.
(20) Permitted if associated with water -dependent uses, public access, recreation, flood control,
channel management or ecological restoration.
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(21) Boats may only be moored at a dock or marina. No boats may be moored on tidelands or in
the river channel.
(22) Limited to athletic or health clubs.
(23) Recreation structures such as benches, tables, viewpoints, and picnic shelters are permitted
in the buffer provided no such structure shall block views to the shoreline from adjacent
properties.
(24) Permitted only if water oriented.
(25) Parks, recreation and open space facilities operated by public agencies and non-profit
organizations are permitted.
(26) Plaza connectors between buildings and levees, not exceeding the height of the levee, are
permitted for the purpose of providing and enhancing pedestrian access along the river and
for landscaping purposes.
(27) Additional development may be allowed consistent with TMC Section 18.44.110.G.2.f. A
shoreline conditional use permit is required for water oriented accessory structures that
exceed the height limits of the Shoreline Residential Environment.
(28) Permitted in only in the Aquatic Environment and subject to the criteria in TMC Section
18.44.050. K.
(29) Patios and decks are permitted within the shoreline buffer so long as they do not exceed 18
inches in height and are limited to a maximum of 200 square feet and 50% of the width of
the river frontage, whichever is smaller. Decks or patios must be located landward of the top
of the bank and be constructed to be pervious and of environmentally -friendly materials. If a
deck or patio will have an environmental impact in the shoreline buffer, then commensurate
mitigation shall be required.
(30) Permitted when consistent with TMC Section 18.44.0501.
(31) Permitted only if connecting public rights -of -way.
(32) May be co -located with fire lanes.
(33) Allowed if they require a physical connection to the shoreline to provide their support function,
provided they are located at or below grade and as far from the OHWM as technically
feasible.
(34) Regional detention facilities that meet the City's Infrastructure Design and Construction
Standards along with their supporting elements such as ponds, piping, filter systems and
outfalls vested as of the effective date of this program or if no feasible alternative location
exists. Any regional detention facility located in the buffer shall be designed such that a fence
is not required, planted with native vegetation, designed to blend with the surrounding
environment, and provide design features that serve both public and private use, such as an
access road that can also serve as a trail. The facility shall be designed to locate access
roads and other impervious surfaces as far from the river as practical.
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Section 19. TMC 18.44.040 is hereby reenacted to read as follows:
18.44.040 Shoreline Buffers
Buffer widths. The following shoreline buffer widths apply in shoreline jurisdiction.
Environment
Buffer width (1)(2)
Modification
Shoreline Residential 50 feet OR the area needed to (3)
achieve a slope no steeper than
2.5:1, measured from the toe of the
bank to the top of the bank, plus 20
linear feet measured from the top of
the bank landward, whichever is
greater
Urban
Conservancy
High Intensity
Aquatic
Areas without 100 feet
levees
Areas with levees 125 feet
100 feet
Not Applicable
(4)
(5)
(4)
(1) Unless otherwise noted, all buffers are measured landward from the OHWM.
(2) In any shoreline environment where an existing improved street or road runs parallel to the
river through the buffer, the buffer ends on the river side of the edge of the improved right-
of-way.
(3) Removal of invasive species and replanting with native species of high habitat value is
voluntary unless triggered by requirement for a Shoreline Substantial Development permit.
(4) The Director may reduce the standard buffer on a case -by -case basis by up to 50% upon
construction of the following cross section:
(a) Reslope bank from toe to be no steeper than 3:1 in the Urban Conservancy
Environment or reslope bank from OHWM (not toe) to be no steeper than 3:1 in the
High Intensity Environment, using bioengineering techniques; and
(b) Minimum 20-foot buffer landward from top of bank; and
(c) Bank and remaining buffer to be planted with native species with high habitat value.
Maximum slope is reduced due to measurement from OHWM and to recognize location in
the Transition Zone where pronounced tidal influence makes work below OHWM difficult.
Any buffer reduction proposal must demonstrate to the satisfaction of the Director that it will
not result in direct, indirect or long-term adverse impacts to the river. In all cases a buffer
enhancement plan must also be approved and implemented as a condition of the reduction.
The plan must include using a variety of native vegetation that improves the functional
attributes of the buffer and provides additional protection for the shoreline ecological
functions.
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(5) Upon reconstruction of levee to the levee standards of this chapter, the Director may reduce
the buffer to actual width required for the levee. If fill is placed along the back slope of a new
levee, the buffer may be reduced to the point where the ground plane intersects the back
slope of the levee. If the property owner provides a levee maintenance easement landward
from the landward toe of the levee or levee wall which: 1) meets the width required by the
agency providing maintenance; 2) prohibits the construction of any structures; and 3) allows
the City to access the area to inspect the levee and make any necessary repairs, then the
Director may place that area outside of the shoreline buffer and allow incidental uses in the
area, such as parking.
Section 20. TMC 18.44.050 is hereby reenacted to read as follows:
18.44.050 Development Standards
A. Applicability. The development standards of this chapter apply to work that
meets the definition of substantial development except for vegetation removal per TMC
Section 18.44.060, which applies to all shoreline development. The term "substantial
development" applies to non -conforming, new or re -development. Non -conforming uses,
structures, parking lots and landscape areas, will be governed by the standards in TMC
Section 18.44.110.G, "Non -Conforming Development."
B. Shoreline Residential Development Standards. A shoreline substantial
development permit is not required for construction within the Shoreline Residential
Environment by an owner, lessee or contract purchaser of a single family residence for
his/her own use or for the use of a family member. Such construction and all normal
appurtenant structures must otherwise conform to this chapter. Short subdivisions and
subdivisions are not exempt from obtaining a Shoreline Substantial Development Permit.
1. Shoreline Residential Environment Standards. The following standards
apply to the Shoreline Residential Environment:
a. The development standards of the applicable underlying zoning district
(Title 18, Tukwila Municipal Code) shall apply.
b. New development and uses must be sited so as to allow natural bank
inclination of 3:1 slope with a 20-foot setback from the top of the bank. The Director may
require a Riverbank Analysis as part of any development proposal.
c. Utilities such as pumps, pipes, etc., shall be suitably screened with
native vegetation per the standards in the Vegetation Protection and Landscaping
Section, TMC Section 18.44.060.
d. New shoreline stabilization, repair of existing stabilization or
modifications to the river bank must comply with the standards in the Shoreline
Stabilization Section, TMC Section 18.44.050.F.
e. Short plats of five to nine lots or formal subdivisions must be designed
to provide public access to the river in accordance with the Public Access Section, TMC
Section 18.44.080. Signage is required to identify the public access point(s).
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f. Parking facilities associated with single family residential development
or public recreational facilities are subject to the specific performance standards set forth
in the Off -Street Parking Section, TMC Section 18.44.050.1.
g. Fences, freestanding walls or other structures normally accessory to
residences must not block views of the river from adjacent residences or extend
waterward beyond the top of the bank. Chain link fencing must be vinyl coated.
h. Recreational structures permitted in the buffer must provide buffer
mitigation.
i. The outside edge of surface transportation facilities, such as railroad
tracks, streets, or public transit shall be located no closer than 50 feet from the OHWM,
except where the surface transportation facility is bridging the river.
j. Except for bridges, approved above ground utility structures, and water -
dependent uses and their structures, the maximum height for structures shall be 30 feet.
For bridges, approved above ground utility structures, and water -dependent uses and
their structures, the height limit shall be as demonstrated necessary to accomplish the
structure's primary purpose. Bridges, approved above ground utility structures, and
water -dependent uses and their structures greater than 35 feet in height require approval
of a Shoreline Conditional Use Permit.
2. Design Review. Design review is required for non-residential development
in the Shoreline Residential Environment.
C. High Intensity, Urban Conservancy and Aquatic Environment Development
Standards.
1. - Standards. The following standards apply in the High Intensity, Urban
Conservancy and Aquatic Environments.
a. The development standards for the applicable underlying zoning district
(Title 18, Tukwila Municipal Code) shall apply.
b. All new development performed by public agencies, or new multi -family,
commercial, or industrial development shall provide public access in accordance with the
standards in the Public Access to the Shoreline Section, TMC Section 18.44.080.
c. Development or re -development of properties in areas of the shoreline
armored with revetments or other hard armoring other than levees, or with non -armored
river banks, must comply with the Vegetation Protection and Landscaping Section, TMC
Section 18.44.060.
d. Any new shoreline stabilization or repairs to existing stabilization must
comply with Shoreline Stabilization Section, TMC Section 18.44.050.F.
e. Over -water structures shall be allowed only for water -dependent uses
and the size limited to the minimum necessary to support the structure's intended use
and shall result in no net loss to shoreline ecological function. Over -water structures must
comply with the standards in the Over -water Structures Section, TMC Section
18.44.050. K.
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2. Setbacks and Site Configuration.
a. The yard setback adjacent to the river is the buffer width established for
the applicable shoreline environment.
b. A fishing pier, viewing platform or other outdoor feature that provides
access to the shoreline is not required to meet a setback from the OHWM.
3. Height Restrictions. Except for bridges, approved above ground utility
structures, and water -dependent uses and their structures, to preserve visual access to
the shoreline and avoid massing of tall buildings within the shoreline jurisdiction, the
maximum height for structures shall be as follows:
a. 15 feet where located within the Shoreline Buffer;
b. 65 feet between the outside landward edge of the Shoreline Buffer and
200 feet of the OHWM.
c. 35 feet above average grade level on shorelines of the State that will
obstruct the view of a substantial number of residences on areas adjoining such
shorelines. For any building that is proposed to be greater than 35 feet in height in the
shoreline jurisdiction, the development proponent must demonstrate the proposed
building will not block the views of a substantial number of residences. The Director may
approve a 15 foot increase in height for structures within the shoreline jurisdiction if the
project proponent provides restoration and/or enhancement of the entire shoreline buffer,
beyond what may otherwise be required including, but not limited to, paved areas no
longer in use on the property in accordance with the standards of TMC Section 18.44.060,
"Vegetation Protection and Landscaping." If the required buffer has already been
restored, the project proponent may provide a 20% wider buffer, planted in accordance
with TMC Section 18.44.060, "Vegetation Protection and Landscaping," in order to obtain
the 15-foot increase in height.
4. Lighting. In addition to the lighting standards in TMC Chapter 18.60, "Board
of Architectural Review," lighting for the site or development shall be designed and
located so that:
a. The minimum light levels in parking areas and paths between the
building and street shall be one -foot candle.
b. Lighting shall be designed to prevent light spillover and glare on adjacent
properties and on the river channel to the maximum extent feasible, be directed
downward so as to illuminate only the immediate area, and be shielded to eliminate direct
off -site illumination.
c. The general grounds need not be lighted.
Cl. The lighting is incorporated into a unified landscape and/or site plan.
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D. Surface Water and Water Quality. The following standards apply to all
shoreline development.
1. New surface water systems shall not discharge directly into the river or
streams tributary to the river without pre-treatment to reduce pollutants and meet State
water quality standards. Such pre-treatment may consist of biofiltration, oil/water
separators, or other methods approved by the City of Tukwila Public Works Department.
2. Shoreline development, uses and activities shall not cause any increase in
surface runoff, and shall have adequate provisions for storm water detention/infiltration.
3. Stormwater outfalls must be designed so as to cause no net loss of shoreline
ecological functions or adverse impacts where functions are impaired. New stormwater
outfalls or maintenance of existing outfalls must include shoreline restoration as part of
the project.
4. Shoreline development and activities shall have adequate provisions for
sanitary sewer.
5. Solid and liquid wastes and untreated effluents shall not be allowed to enter
any bodies of water or to be discharged onto shorelands.
6. The use of low impact development techniques is required, unless such
techniques conflict with other provisions of the SMP or are shown to not be feasible due
to site conditions.
E. Flood Hazard Reduction. The following standards apply to all shoreline
development.
1. New structural flood hazard reduction structures shall be allowed only when
it can be demonstrated by a Riverbank Analysis that:
a. They are necessary to protect existing development;
b. Non-structural measures are not feasible; and
c. Impacts to ecological functions and priority species and habitats can be
successfully mitigated so as to assure no net loss.
2. Flood hazard structures must incorporate appropriate vegetation restoration
and conservation actions consistent with the standards of the Vegetation Protection and
Landscaping Section, TMC Section 18.44.060.
3. Publicly -funded structural measures to reduce flood hazards shall improve
public access or dedicate and provide public access unless public access improvements
would cause unavoidable health or safety hazards to the public, inherent and unavoidable
security problems, or significant ecological impacts that cannot be mitigated.
4. Rehabilitation or replacement of existing flood control structures, such as
levees, with a primary purpose of containing the 1 % to 0.02% annual chance flood event,
shall be allowed where it can be demonstrated by an engineering analysis that the existing
structure:
a. Does not provide an appropriate level of protection for surrounding
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b. Does not meet a 3:1 riverside slope or other appropriate engineering
design standards for stability (e.g., over -steepened side slopes for existing soil and/or
flow conditions); and
c. Repair of the existing structure will not cause or increase significant
adverse ecological impacts to the shoreline.
5. Rehabilitated or replaced flood hazard reduction structures shall not extend
the toe of slope any further waterward of the OHWM than the existing structure.
6. New structural flood hazard reduction measures, such as levees, berms and
similar flood control structures shall be placed landward of the floodway as determined
by the best information available.
7. New, redeveloped or replaced structural flood hazard reduction measures
shall be placed landward of associated wetlands, and designated fish and wildlife habitat
conservation areas.
8. No commercial, industrial, office or residential development shall be located
within a floodplain without a Flood Control Zone Permit issued by the City. No
development shall be located within a floodway except as otherwise permitted.
9. New, redeveloped or replaced flood hazard reduction structures must have
an overall waterward slope no steeper than 3:1 unless it is not physically possible to
achieve such as slope. A floodwall may be substituted for all or a portion of a levee back
slope where necessary to avoid encroachment or damage to a structure legally
constructed prior to the date of adoption of this subsection, if structure has not lost its
nonconforming status, or to allow area for waterward habitat restoration development.
The floodwall shall be designed to provide 15 feet of clearance between the levee and
the building, or to preserve access needed for building functionality while meeting all
engineering safety standards. A floodwall may also be used where necessary to prevent
the levee from encroaching upon a railroad easement recorded prior to the date of
adoption of this subsection.
F. Shoreline Stabilization. The provisions of this section apply to those structures
or actions intended to minimize or prevent erosion of adjacent uplands and/or failure of
riverbanks resulting from waves, tidal fluctuations or river currents. Shoreline stabilization
or armoring involves the placement of erosion resistant materials (e.g., large rocks and
boulders, cement, pilings and/or large woody debris (LWD)) or the use of bioengineering
techniques to reduce or eliminate erosion of shorelines and risk to human infrastructure.
This form of shoreline stabilization is distinct from flood control structures and flood
hazard reduction measures (such as levees). The terms "shoreline stabilization,"
"shoreline protection" and "shoreline armoring" are used interchangeably.
1. Shoreline protection shall not be considered an outright permitted use and
shall be permitted only when it has been demonstrated through a Riverbank Analysis and
report that shoreline protection is necessary for the protection of existing legally
established structures and public improvements.
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2. New development and re -development shall be designed and configured on
the lot to avoid the need for new shoreline stabilization. Removal of failing shoreline
stabilization shall be incorporated into re -development design proposals wherever
feasible.
3. Replacement of lawfully established, existing bulkheads or revetments are
subject to the following priority system:
a. The first priority for replacement of bulkheads or revetments shall be
landward of the existing bulkhead.
b. The second priority for replacement of existing bulkheads or revetments
shall be to replace in place (at the bulkhead's existing location).
4. When evaluating a proposal against the above priority system, at a minimum
the following criteria shall be considered:
a. Existing topography;
b. Existing development;
c. Location of abutting bulkheads;
d. Impact to shoreline ecological functions; and,
e. Impact to river hydraulics, potential changes in geomorphology, and to
other areas of the shoreline.
5. Proponents of new or replacement hard shoreline stabilization (e.g.
bulkheads or revetments) must demonstrate through a documented Riverbank Analysis
that bioengineered shoreline protection measures or bioengineering erosion control
designs will not provide adequate upland protection of existing structures or would pose
a threat or risk to adjacent property. The Study must also demonstrate that the proposed
hard shoreline stabilization will not adversely affect other infrastructure or adjacent
shorelines.
6. Shoreline armoring such as riprap rock revetments and other hard shoreline
stabilization techniques are detrimental to river processes and habitat creation. Where
allowed, shoreline armoring shall be designed, constructed and maintained in a manner
that does not result in a net loss of shoreline ecological functions, including fish habitat,
and shall conform to the requirements of the 2004 Washington State Department of Fish
and Wildlife (as amended) criteria and guidelines for integrated stream bank protection
and shall conform to the requirements of the 2004 Washington State Department of Fish
and Wildlife criteria and guidelines for Integrated Stream Bank Protection (2003 as
amended), the U. S. Army Corps of Engineers standards (if required), and other
regulatory requirements. The hard shoreline stabilization must be designed and
approved by an engineer licensed in the State of Washington and qualified to design
shoreline stabilization structures.
7. Shoreline armoring shall be designed to the minimum size, height, bulk and
extent necessary to remedy the identified hazard.
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8. An applicant must demonstrate the following in order to qualify for the RCW
90.58.030(3)(e)(ii) exemption from the requirement to obtain a shoreline substantial
development permit for a proposed single family bulkhead and to insure that the bulkhead
will be consistent with the SMP:
a. Erosion from currents or waves is imminently threatening a legally
established single family detached dwelling unit or one or more appurtenant structures;
and
b. The proposed bulkhead is more consistent with the City's Master
Program in protecting the site and adjoining shorelines and that non-structural
alternatives such as slope drainage systems, bioengineering or vegetative growth
stabilization, are not feasible or will not adequately protect a legally established residence
or appurtenant structure; and
c. The proposed bulkhead is located landward of the OHWM or it connects
to adjacent, legally established bulkheads; and
d. The maximum height of the proposed bulkhead is no more than one foot
above the elevation of extreme high water on tidal waters as determined by the National
Ocean Survey published by the National Oceanic and Atmospheric Administration.
9. Bulkheads or revetments shall be constructed of suitable materials that will
serve to accomplish the desired end with maximum preservation of natural
characteristics. Materials with the potential for water quality degradation shall not be
used. Design and construction methods shall consider aesthetics and habitat protection.
Automobile bodies, tires or other junk or waste material that may release undesirable
chemicals or other material shall not be used for shoreline protection.
10. The builder of any bulkhead or revetment shall be financially responsible for
determining the nature and the extent of probable adverse effects on fish and wildlife or
on the property of others caused by his/her construction and shall propose and implement
solutions approved by the City to minimize such effects.
11. When shoreline stabilization is required at a public access site, provision for
safe access to the water shall be incorporated in the design whenever possible.
12. Placement of bank protection material shall occur from the top of the bank
and shall be supervised by the property owner or contractor to ensure material is not
dumped directly onto the bank face.
13. Bank protection material shall be clean and shall be of a sufficient size to
prevent its being washed away by high water flows.
14. When riprap is washed out and presents a hazard to the safety of
recreational users of the river, it shall be removed by the owner of such material.
15. Bank protection associated with bridge construction and maintenance may
be permitted subject to the provisions of the SMP and shall conform to provisions of the
State Hydraulics Code (RCW Chapter 77.55) and U.S. Army Corps of Engineer
regulations.
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G. Archaeological, Cultural and Historical Resources. In addition to the
requirements of TMC 18.50.110, Archaeological/Paleontological Information
Preservation Requirements, the following regulations apply.
1. All land use permits for projects within the shoreline jurisdiction shall be
coordinated with affected tribes.
2. If the City determines that a site has significant archaeological, natural
scientific or historical value, a substantial development that would pose a threat to the
resources of the site shall not be approved.
3. Permits issued in areas documented to contain archaeological resources
require a site inspection or evaluation by a professional archaeologist in coordination with
affected Indian tribes. The City may require that development be postponed in such areas
to allow investigation of public acquisition potential, retrieval and preservation of
significant artifacts and/or development of a mitigation plan. Areas of known or suspected
archaeological middens shall not be disturbed and shall be fenced and identified during
construction projects on the site.
4. Developers and property owners shall immediately stop work and notify the
City of Tukwila, the Washington Department of Archaeology and Historic Preservation
and affected Indian tribes if archaeological resources are uncovered during excavation.
5. In the event that unforeseen factors constituting an emergency, as defined
in RCW 90.58.030, necessitate rapid action to retrieve or preserve artifacts or data
identified above, the project may be exempted from any shoreline permit requirements.
The City shall notify the Washington State Department of Ecology, the State Attorney
General's Office and the State Department of Archaeology and Historic Preservation
Office of such an exemption in a timely manner.
6. Archaeological excavations may be permitted subject to the provision of this
chapter.
7. On sites where historical or archaeological resources have been identified
and will be preserved in situ, public access to such areas shall be designed and managed
so as to give maximum protection to the resource and surrounding environment.
8. Interpretive signs of historical and archaeological features shall be provided
subject to the requirements of TMC Section 18.44.080, "Public Access to the Shoreline,"
when such signage does not compromise the protection of these features from tampering,
damage and/or destruction.
H. Environmental Impact Mitigation.
1. All shoreline development and uses shall at a minimum occur in a manner
that results in no net loss of shoreline ecological functions through the careful location
and design of all allowed development and uses. In cases where impacts to shoreline
ecological functions from allowed development and uses are unavoidable, those impacts
shall be mitigated according to the provisions of this section; in that event, the "no net
loss" standard is met.
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2. To the extent Washington's State Environmental Policy Act of 1971 (SEPA),
chapter 43.21 C RCW, is applicable, the analysis of environmental impacts from proposed
shoreline uses or developments shall be conducted consistent with the rules
implementing SEPA (TMC Chapter 21.04 and WAC 197-11).
3. For all development, mitigation sequencing shall be applied in the following
order of priority:
a. Avoiding the impact altogether by not taking a certain action or parts of
an action.
b. Minimizing impacts by limiting the degree or magnitude of the action
and its implementation by using appropriate technology or by taking affirmative steps to
avoid or reduce impacts.
C. Rectifying the impact by repairing, rehabilitating, or restoring the
affected environment.
d. Reducing or eliminating the impact over time by preservation and
maintenance operations.
e. Compensating for the impact by replacing, enhancing, or providing
substitute resources or environments.
f. Monitoring the impact and the compensation projects and taking
appropriate corrective measures.
4. In determining appropriate mitigation measures applicable to shoreline
development, lower priority measures shall be applied only where higher priority
measures are determined by the City to be infeasible or inapplicable.
5. When mitigation measures are appropriate pursuant to the priority of
mitigation sequencing above, preferential consideration shall be given to measures that
replace the impacted functions directly and in the immediate vicinity of the impact.
However, if mitigation in the immediate vicinity is not scientifically feasible due to
problems with hydrology, soils, waves or other factors, then off -site mitigation within the
Shoreline Jurisdiction may be allowed if consistent with the Shoreline Restoration Plan.
Mitigation for projects in the Transition Zone must take place in the Transition Zone. In
the event a site is not available in the Transition Zone to carry out required mitigation, the
project proponent may contribute funds equivalent to the value of the required mitigation
to an existing or future restoration project identified in the CIP to be carried out by a public
agency in the Transition Zone.
I. Off Street Parking and Loading Requirements. In addition to the parking
requirements in TMC Chapter 18.56, the following requirements apply to all development
in the shoreline jurisdiction.
1. Any parking, loading, or storage facilities located between the river and any
building must incorporate additional landscaping in accordance with TMC Section
18.44.060, "Vegetation Protection and Landscaping," or berming or other site planning or
design techniques to reduce visual and/or environmental impacts from the parking areas
utilizing the following screening techniques:
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a. A solid evergreen screen of trees and shrubs a minimum of six feet high;
or
b. Decorative fence a maximum of six feet high with landscaping. Chain
link fence, where allowed, shall be vinyl coated and landscaped with native trailing vine
or an approved non-native vine other than ivy, except where a security or safety hazard
may exist; or
c. Earth berms at a minimum of four feet high, planted with native plants in
accordance with the Vegetation Protection and Landscaping Section, TMC Section
18.44.060.
2. Where a parking area is located in the shoreline jurisdiction and adjacent to
a public access feature, the parking area shall be screened by a vegetative screen or a
built structure that runs the entire length of the parking area adjacent to the amenity. The
landscape screening shall comply with the Vegetation Protection and Landscaping
Section, TMC Section 18.44.060.
3. Where public access to or along the shoreline exists or is proposed, parking
areas shall provide pedestrian access from the parking area to the shoreline.
4. Parking facilities, loading areas and paved areas shall incorporate low
impact development techniques wherever feasible, adequate storm water retention
areas, oil/water separators and biofiltration swales, or other treatment techniques and
shall comply with the standards and practices formally adopted by the City of Tukwila
Public Works Department.
J. Land Altering Activities. All land altering activities in the shoreline jurisdiction
shall be in conjunction with an underlying land development permit, except for shoreline
restoration projects. All activities shall meet the following standards. -
Clearing, Grading and Landfill.
a. Land altering shall be permitted only where it meets the following criteria:
(1) The work is the minimum necessary to accomplish an allowed
shoreline use;
affected;
(2) Impacts to the natural environment are minimized and mitigated;
(3) Water quality, river flows and/or fish habitat are not adversely
(4) Public access and river navigation are not diminished,
(5) The project complies with all federal and state requirements;
(6) The project complies with the vegetation protection criteria of the
Vegetation Protection and Landscaping Section, TMC Section 18.44.060;
(7) The project will achieve no net loss of shoreline ecological functions
or processes. In cases where impacts to shoreline ecological functions from an otherwise
allowed land altering project are unavoidable, those impacts shall be mitigated according
to the provisions of TMC Section 18.44.050.H above. In that event, the "no net loss"
standard is met; and
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(8) Documentation is provided to demonstrate that the fill comes from
a clean source.
b. Clearing, grading and landfill activities, where allowed, shall include
erosion control mechanisms, and any reasonable restriction on equipment, methods or
timing necessary to minimize the introduction of suspended solids or leaching of
contaminants into the river, or the disturbance of wildlife or fish habitats in accordance
with the standards in TMC Chapter 16.54, "Grading."
2. Dredging.
a. Dredging activities must comply with all federal and state regulations.
Maintenance dredging of established navigation channels and basins must be restricted
to maintaining previously dredged and/or existing authorized location, depth, and width.
b. Where allowed, dredging operations must be designed and scheduled
so as to ensure no net loss to shoreline ecological functions or processes. In cases where
impacts to shoreline ecological functions from allowed dredging are unavoidable, those
impacts shall be mitigated according to the provisions of TMC Section 18.44.050.1-1
above; in that event, the "no net loss" standard is met.
K. Marinas, Boat Yards, Dry Docks, Boat Launches, Piers, Docks and Other
Over -water Structures.
General Requirements.
a. A dock may be allowed when the applicant has demonstrated a need for
moorage to the satisfaction of the Director of Community Development and that the
following alternatives have been investigated and are not available or feasible:
(1) commercial or marina moorage;
(2) floating moorage buoys;
(3) joint use moorage pier/dock.
The Director shall use the following criteria to determine if the applicant
has demonstrated a need for moorage:
(a) Applicant has provided adequate documentation from a
commercial marina within 5 river miles that moorage is not available.
(b) Floating moorage buoy is technically infeasible as determined
by a professional hydrologist.
(c) Applicant has provided adequate documentation from any
existing moorage pier/dock owner within 5 river miles that joint use is not possible.
b. Prior to issuance of a Shoreline Substantial Development Permit for
construction of piers, docks, wharves or other over -water structures, the applicant shall
present proof of application submittal to State or Federal agencies, as applicable.
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c. Structures must be designed by a qualified engineer and must
demonstrate the project will result in no net loss of shoreline ecological function and will
be stable against the forces of flowing water, wave action and the wakes of passing
vessels.
d. In -water structures shall be designed and located to minimize shading
of native aquatic vegetation and fish passage areas. Removal of shoreline, riparian and
aquatic vegetation shall be limited to the minimum extent necessary to construct the
project. All areas disturbed by construction shall be replanted with native vegetation as
part of the project.
e. New or replacement in -water structures shall be designed and located
such that natural hydraulic and geologic processes, such as erosion, wave action or
floods will not necessitate the following:
(1) reinforcement of the shoreline or stream bank with new bulkheads
or similar artificial structures to protect the in -water structure; or
(2) dredging.
f. No structures are allowed on top of over -water structures except for
properties located north of the Turning Basin.
g. Pilings or other associated structures in direct contact with water shall
not be treated with preservatives unless the applicant can demonstrate that no feasible
alternative to protect the materials exists and that non -wood alternatives are not
economically feasible. In that case, only compounds approved for marine use may be
used and must be applied by the manufacturer per current best management practices
of the Western Wood Preservers Institute. The applicant must present verification that
the best management practices were followed. The preservatives must also be approved
by the Washington Department of Fish and Wildlife.
h. All over -water structures shall be constructed and maintained in a safe
and sound condition. Abandoned or unsafe over -water structures shall be removed or
repaired promptly by the owner. Accumulated debris shall be regularly removed and
disposed of properly so as not to jeopardize the integrity of the structure. Replacement
of in -water structures shall include proper removal of abandoned or other man-made
structures and debris.
i. Boat owners who store motorized boats on -site are encouraged to use
best management practices to avoid fuel and other fluid spills.
2. Marinas, Boat Yards and Dry Docks.
a. All uses under this category shall be designed to achieve no net loss of
shoreline ecological functions. In cases where impacts to shoreline ecological functions
from uses allowed under this category are unavoidable, those impacts shall be mitigated
according to the provisions of TMC Section 18.44.050.H above; in that event, the "no net
loss" standard is met.
b. Commercial/industrial marinas and dry docks shall be located no further
upriver than Turning Basin #3.
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c. Marinas shall be located, designed, constructed and operated to avoid
or minimize adverse impacts on fish, wildlife, water quality, native shoreline vegetation,
navigation, public access, existing in -water recreational activities and adjacent water
uses.
d. Marinas shall submit a fuel spill prevention and contingency plan to the
City for approval. Haul -out and boat maintenance facilities must meet the City's
stormwater management requirements and not allow the release of chemicals, petroleum
or suspended solids to the river.
e. Marinas, boat yards and dry docks must be located a minimum of 100
feet from fish and wildlife habitat areas.
f. New marinas, launch ramps and accessory uses must be located where
water depths are adequate to avoid the need for dredging.
3. Boat Launches and Boat Lifts.
a. Boat launch ramps and vehicle access to the ramps shall be designed
to not cause erosion; the use of pervious paving materials, such as grasscrete, are
encouraged.
b. Boat launch ramps shall be designed to minimize areas of landfill or the
need for shoreline protective structures.
c. Access to the boat ramp and parking for the ramp shall be located a
sufficient distance from any frontage road to provide safe maneuvering of boats and
trailers.
d. Launching rails shall be adequately anchored to the ground.
e. Launch ramps and boat lifts shall extend waterward past the OHWM
only as far as necessary to achieve their purpose.
f. Boat lifts and canopies must meet the standards of the U.S. Army Corps
of Engineers Regional General Permit Number 1 for Watercraft Lifts in Fresh and
Marine/Estuarine Waters within the State of Washington.
4. Over -water Structures. Where allowed, over -water structures such as
piers, wharves, bridges, and docks shall meet the following standards:
a. The size of new over -water structures shall be limited to the minimum
necessary to support the structure's intended use and to provide stability in the case of
floating docks. Structures must be compatible with any existing channel control or flood
management structures.
b. Over -water structures shall not extend waterward of the OHWM any
more than necessary to permit launching of watercraft, while also ensuring that watercraft
do not rest on tidal substrate at any time.
c. Adverse impacts of over -water structures on water quality, river flows,
fish habitat, shoreline vegetation, and public access shall be minimized and mitigated.
Mitigation measures may include joint use of existing structures, open decking or piers,
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replacement of non-native vegetation, installation of in -water habitat features or
restoration of shallow water habitat.
d. Any proposals for in -water or over -water structures shall provide a pre -
construction habitat evaluation, including an evaluation of salmonid and bull trout habitat
and shoreline ecological functions, and demonstrate how the project achieves no net loss
of shoreline ecological functions.
e. Over -water structures shall obtain all necessary state and federal
permits prior to construction or repair.
f. All over -water structures must be designed by a qualified engineer to
ensure they are adequately anchored to the bank in a manner so as not to cause future
downstream hazards or significant modifications to the river geomorphology and are able
to withstand high flows.
g. Over -water structures shall not obstruct normal public use of the river for
navigation or recreational purposes.
h. Shading impacts to fish shall be minimized by using grating on at least
30% of the surface area of the over -water structure on residential areas and at least 50%
of the over -water structure on all other properties. This standard may be modified for
bridges if necessary to accommodate the proposed use. The use of skirting is not
permitted.
i. If floats are used, the flotation shall be fully enclosed and contained in a
shell (such as polystyrene) that prevents breakup or loss of the flotation material into the
water, damage from ultraviolet radiation, and damage from rubbing against pilings or
waterborne debris.
j. Floats may not rest on the tidal substrate at any time and stoppers on
the piling anchoring the floats must be installed to ensure at least 1 foot of clearance
above the substrate. Anchor lines may not rest on the substrate at any time.
k. The number of pilings to support over -water structures, including floats,
shall be limited to the minimum necessary. Pilings shall conform to the pilings standards
contained in the US Army Corps of Engineers Regional General Permit No. 6.
I. No over -water structure shall be located closer than five feet from the
side property line extended, except that such structures may abut property lines for the
common use of adjacent property owners when mutually agreed upon by the property
owners in an easement recorded with King County. A copy of this agreement shall be
submitted to the Department of Community Development and accompany an application
for a development permit and/or Shoreline Permit.
5. Live-Aboards. New over -water residences are prohibited. Live-aboards
may be allowed provided that:
a. They are for single-family use only.
b. They are located in a marina that provides shower and toilet facilities on
land and there are no sewage discharges to the water.
c. Live-aboards do not exceed 10 percent of the total slips in the marina.
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d. They are owner -occupied vessels.
e. There are on -shore support services in proximity to the live-aboards.
L. Signs in Shoreline Jurisdiction.
1. Signage within the shoreline buffer is limited to the following:
a. Interpretative signs and restoration signage, including restoration
sponsor acknowledgment.
b. Signs for water -related uses.
c. Signs installed by a government agency for public safety along any
public trail or at any public park.
d. Signs installed within the rights of way of any public right-of-way or
bridge within the shoreline buffer.
e. Signs installed on utilities and wireless communication facilities denoting
danger or other safety information, including emergency contact information.
2. Billboards and other off -premise signs are strictly forbidden in the shoreline
buffer.
Section 21. TMC 18.44.060 is hereby reenacted to read as follows:
18.44.060 Vegetation Protection and Landscaping
A. Purpose.
1. The purpose of this section is to:
a. Regulate the protection of existing trees and native vegetation in the
shoreline jurisdiction;
b. Establish requirements for removal of invasive plants at the time of
development or re -development of sites;
c. Establish requirements for landscaping for new development or re-
development;
d. Establish requirements for the long-term maintenance of native
vegetation to prevent establishment of invasive species and promote shoreline
ecosystem processes.
2. The City's goal is to:
a. Preserve as many existing trees as possible and increase the number
of native trees, shrubs and other vegetation in the shoreline because of their importance
to shoreline ecosystem functions as listed below:
(1) Overhead tree canopy to provide shade for water temperature
control;
(2) Habitat for birds, insects and small mammals;
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shelter;
the river; and
(3) Vegetation that overhangs the river to provide places for fish to
(4) Source of insects for fish;
(5) Filtering of pollutants and slowing of stormwater prior to its entering
(6) A long-term source of woody debris for the river.
b. In addition, trees and other native vegetation are important for
aesthetics. It is the City's goal that unsightly invasive vegetation, such as blackberries,
be removed from the shoreline and be replaced with native vegetation to promote greater
enjoyment of and access to the river.
c. The City will provide information to property owners for improving
vegetation in the shoreline jurisdiction and will work collaboratively with local citizen
groups to assist property owners in the removal of invasive vegetation and planting of
native vegetation, particularly for residential areas.
B. Applicability.
1. This chapter sets forth rules and regulations to control maintenance and
clearing of trees and other vegetation within the City of Tukwila for properties located
within the shoreline jurisdiction. For properties located within a critical area or its
associated buffer, the maintenance and removal of trees shall be governed by TMC
Chapter 18.45. TMC Chapter 18.54, "Urban Forestry and Tree Regulations" chapter,
shall govern tree removal on any undeveloped land and any land zoned Low Density
Residential (LDR) that is developed with a single family residence. TMC Chapter 18.52,
Landscape Requirements,'shall govern the maintenance and removal of trees on
developed properties that are zoned commercial, industrial, or multifamily, and on
properties located in the LDR zone that are developed with a non -single family residential
use. The most stringent regulations shall apply in case of a conflict.
2. With the exception of residential development/re-development of 4 or fewer
residential units, all activities and developments within the shoreline environment must
comply with the landscaping and maintenance requirements of this section, whether or
not a shoreline substantial development permit is required. Single family residential
projects are not exempt if implementing a shoreline stabilization project or overwater
structure.
3. The tree protection and retention requirements and the vegetation
management requirements apply to existing uses as well as new or re -development.
C. Minor Activities Allowed without a Permit or Exemption.
1. The following activities are allowed without a permit or exemption:
a. Maintenance of existing, lawfully established areas of crop vegetation,
landscaping (including paths and trails) or gardens within shoreline jurisdiction. Examples
include, mowing lawns, weeding, harvesting and replanting of garden crops, pruning, and
planting of non-invasive ornamental vegetation or indigenous native species to maintain
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the general condition and extent of such areas. Cutting down trees and shrubs within the
shoreline jurisdiction is not covered under this provision. Excavation, filling, and
construction of new landscaping features, such as concrete work, berms and walls, are
not covered in this provision and are subject to review;
b. Noxious weed control within shoreline jurisdiction, if work is selective only
for noxious species; is done by hand removal/spraying of individual plants; spraying is
conducted by a licensed applicator (with the required aquatic endorsements from the
Washington State Department of Ecology if work is in an aquatic site); and no area -wide
vegetation removal or grubbing is conducted. Control methods not meeting these criteria
may still be approved under other provisions of this chapter.
D. Tree Retention and Replacement.
Retention.
a. As many significant trees and as much native vegetation as possible are
to be retained on a site proposed for development or re -development, taking into account
the condition and age of the trees. As part of a land use application such as but not
limited to subdivision or short plat, design review, or development permit review, the
Director of Community Development or the Board of Architectural Review may require
alterations in the arrangement of buildings, parking or other elements of proposed
development in order to retain significant non-invasive trees, particularly those that
provide shading to the river.
b. Topping of trees is prohibited and will be regulated as removal with tree
replacement required.
c. Trees may only be pruned to prevent interference with an overhead
utility line with prior approval by the Director. The pruning must be carried out under the
direction of a Qualified Tree Professional or performed by the utility provider under the
direction of a Qualified Tree Professional. The crown shall be maintained to at least 2/3
the height of the tree prior to pruning. Pruning more than 25% of the canopy in a 36 month
period shall be regulated as removal with tree replacement required.
2. Permit Requirements. Prior to any tree removal or site clearing, a Type 2
Shoreline Tree Removal and Vegetation Clearing Permit application must be submitted
to the Department of Community Development (DCD) containing the following
information:
a. A vegetation survey on a site plan that shows the diameter, species and
location of all significant trees and all existing native vegetation.
b. A site plan that shows trees and native vegetation to be retained and
trees to be removed and provides a table showing the number of significant trees to be
removed and the number of replacement trees required.
c. Tree protection zones and other measures to protect any trees or native
vegetation that are to be retained for sites undergoing development or re -development.
d. Location of the OHWM, shoreline buffer, Shoreline Jurisdiction
boundary and any critical areas with their buffers.
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e. A landscape plan that shows diameter, species name, spacing and
planting location for any required replacement trees and other proposed vegetation.
f. An arborist evaluation justifying the removal of hazardous trees if
required by DCD.
g. An application fee per the current Land Use Permit Fee resolution.
3. Criteria for Shoreline Tree Removal. A Type 2 Shoreline Tree Removal
and Vegetation Clearing Permit shall only be approved by the Director of Community
Development if the proposal complies with the following:
a. The site is undergoing development or redevelopment;
b. The proposal complies with tree retention, replacement, maintenance,
and monitoring requirements of this chapter; and
utilities;
c. Either:
(1) Tree poses a risk to structures;
(2) There is imminent potential for root or canopy interference with
(3) Trees interfere with the access and passage on public trails;
(4) Tree condition and health is poor; the City may require an evaluation
by an International Society of Arborists (ISA) certified arborist; or
(5) Trees present an imminent hazard to the public. If the hazard is not
readily apparent, the City may require an evaluation by an International Society of
Arborists (ISA) certified arborist; and
4. Tree Replacement Requirements.
a. Significant trees that are removed, illegally topped, or pruned by more
than 25 percent in 36 month period within the shoreline jurisdiction shall be replaced
pursuant to the tree replacement requirements shown below, up to a density of 100 trees
per acre (including existing trees).
b. Significant trees that are removed as part of an approved landscape plan
on a developed site are subject to replacement per TMC Chapter 18.52. Dead or dying
trees removed from developed or landscaped areas shall be replaced 1:1 in the next
appropriate season for planting.
c. Dead or dying trees located within the buffer or undeveloped upland
portion of the Shoreline Jurisdiction shall be left in place as wildlife snags, unless they
present a hazard to structures, facilities or the public. Removal of non -hazardous trees
as defined by TMC Chapter 18.06 in non -developed areas are subject to the tree
replacement requirements listed in the table below.
d. The Director or Planning Commission may require additional trees or
shrubs to be installed to mitigate any potential impact from the loss of this vegetation as
a result of new development.
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Tree Replacement Requirements
Diameter* of Tree Removed (*measured at
height of 4.5 feet from the round)
Number of Replacement
Trees Required
4 - 6 inches (single trunk);
2 inches (any trunk of a multi -trunk tree
3
Over 6 - 8 inches
4
Over 8 - 20 inches
6
Over 20 inches
8
e. The property owner is required to ensure the viability and long-term
health of trees planted for replacement through proper care and maintenance for the life
of the project. Replaced trees that do not survive must be replanted in the next
appropriate season for planting.
f. If all required replacement trees cannot be reasonably accommodated
on the site, off -site tree replacement within the shoreline jurisdiction may be allowed at a
site approved by the City. Priority for off -site tree planting will be at locations within the
Transition Zone. If no suitable off -site location is available, the applicant shall pay a fee
into a tree replacement fund per the adopted fee resolution.
5. Large Woody Debris (LWD). When a tree suitable for use as LWD is
permitted to be removed from the shoreline buffer, the tree trunk and root ball (where
possible) will be saved for use in a restoration project elsewhere in the shoreline
jurisdiction. The applicant will be responsible for the cost of moving the removed tree(s)
to a location designated by the City. If no restoration project or storage location is
available at the time, the Director may waive this requirement. Trees removed in the
shoreline jurisdiction outside the buffer shall be placed as LWD in the buffer (not on the
bank), if feasible. Priority for LWD placement projects will be in the Transition Zone.
E. Tree Protection During Development and Redevelopment. All trees not
proposed for removal as part of a project or development shall be protected using Best
Management Practices and the standards below.
1. The Critical Root Zones (CRZ) for all trees designated for retention, on site
or on adjacent property as applicable, shall be identified on all construction plans,
including demolition, grading, civil and landscape site plans.
2. Any roots within the CRZ exposed during construction shall be covered
immediately and kept moist with appropriate materials. The City may require a third -party
Qualified Tree Professional to review longterm viability of the tree.
3. Physical barriers, such as 6-foot chain link fence or plywood or other
approved equivalent, shall be placed around each individual tree or grouping at the CRZ.
Minimum distances from the trunk for the physical barriers shall be based on the
approximate age of the tree (height and canopy) as follows:
a. Young trees (trees which have reached less than 20% of life
expectancy): 0.75 per inch of trunk diameter.
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b. Mature trees (trees which have reached 20-80% of life expectancy): 1
foot per inch of trunk diameter.
c. Over mature trees (trees which have reached greater than 80% of life
expectancy): 1.5 feet per inch of trunk diameter.
4. Alternative protection methods may be used that provide equal or greater
tree protection if approved by the Director.
5. A weatherproof sign shall be installed on the fence or barrier that reads:
"TREE PROTECTION ZONE — THIS FENCE SHALL NOT BE REMOVED
OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping
or burning of materials is allowed within the Critical Root Zone. The value of
this tree is $ [insert value of tree as determined by a Qualified Tree
Professional here]. Damage to this tree due to construction activity that
results in the death or necessary removal of the tree is subject to the
Violations section of TMC Chapter 18.44."
6. All tree protection measures installed shall be inspected by the City and, if
deemed necessary a Qualified Tree Professional, prior to beginning construction or earth
moving.
7. Any branches or limbs that are outside of the CRZ and might be damaged
by machinery shall be pruned prior to construction by a Qualified Tree Professional. No
construction personnel shall prune affected limbs except under the direct supervision of
a Qualified Tree Professional.
8. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall
not be placed directly against the trunk. A 6-inch area around the trunk shall be free of
mulch. Additional measures, such as fertilization or supplemental water, shall be carried
out prior to the start of construction if deemed necessary by the Qualified Tree
Professional's report to prepare the trees for the stress of construction activities.
9. No storage of equipment or refuse, parking of vehicles, dumping of materials
or chemicals, or placement of permanent heavy structures or items shall occur within the
CRZ.
10. No grade changes or soil disturbance, including trenching, shall be allowed
within the CRZ. Grade changes within 10 feet of the CRZ shall be approved by the City
prior to implementation.
11. The applicant is responsible for ensuring that the CRZ of trees on adjacent
properties are not impacted by the proposed development.
12. A pre -construction inspection shall be conducted by the City to finalize tree
protection actions.
13. Post -construction inspection of protected trees shall be conducted by the
City and, if deemed necessary by the City, a Qualified Tree Professional. All corrective or
reparative pruning will be conducted by a Qualified Tree Professional.
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F. Landscaping.
1. General Requirements. For any new development or redevelopment in the
Shoreline Jurisdiction, except single family residential development of 4 or fewer lots,
invasive vegetation must be removed and native vegetation planted and maintained in
the Shoreline Buffer, including the river bank.
a. The landscaping requirements of this subsection apply for any new
development or redevelopment in the Shoreline Jurisdiction, except: single family
residential development of 4 or fewer lots. The extent of landscaping required will depend
on the size of the proposed project. New development or full redevelopment of a site will
require landscaping of the entire site. For smaller projects, the Director will review the
intent of this section and the scope of the project to determine a reasonable amount of
landscaping to be carried out.
b. Invasive vegetation must be removed as part of site preparation and
native vegetation planted, including the river bank to OHWM.
c. On properties located landward of publicly maintained levees, an
applicant is not required to remove invasive vegetation or plant native vegetation on the
levees, however the remaining buffer landward of the levee shall be improved and
invasive vegetation planted.
d. Removal of invasive species shall be done by hand or with hand-held
power tools. Where not feasible and mechanized equipment is needed, the applicant
must obtain a Shoreline Tree Removal and Vegetation Clearing Permit and show how the
slope stability of the bank will be maintained. A plan must be submitted indicating how
the work will be done and what erosion control and tree protection features will be utilized.
Federal and State permits may be required for vegetation removal with mechanized
equipment.
e. Trees and other vegetation shading the river shall be retained or
replanted when riprap is placed, as specified in the approved tree permit if a permit is
required.
f. Removal of invasive vegetation may be phased over several years prior
to planting, if such phasing is provided for by a plan approved by the Director to allow for
alternative approaches, such as sheet mulching and goat grazing. The method selected
shall not destabilize the bank or cause erosion.
g. A combination of native trees, shrubs and groundcovers (including
grasses, sedges, rushes and vines) shall be planted. The plants listed in the Riparian
Restoration and Management Table of the 2004 Washington Stream Habitat Restoration
Guidelines (Washington Department of Fish and Wildlife, Washington Department of
Ecology, and U.S. Fish and Wildlife Service, Olympia, Washington, as amended) shall
provide the basis for plant selection. Site conditions, such as topography, exposure, and
hydrology shall be taken into account for plant selection. Other species may be approved
if there is adequate justification.
h. Non-native trees may be used as street trees or in approved developed
landscape areas where conditions are not appropriate for native trees (for example where
there are space or height limitations or conflicts with utilities).
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i. Plants shall meet the current American Standard for Nursery Stock
(American Nursery and Landscape Association — ANLA).
j. Plant sizes in the non -buffer areas of all Shoreline Environments shall
meet the following minimum size standards:
Deciduous trees............ 2-inch caliper
Conifers ........................ 6 — 8 foot height
Shrubs.! ........................ 24-inch height
Groundcover/grasses ... 4-inch or 1 gallon container
k. Smaller plant sizes (generally one gallon, bareroot, plugs, or stakes,
depending on plant species) are preferred for buffer plantings. Willow stakes must be at
least 1/2-inch in diameter.
I. Site preparation and planting of vegetation shall be in accordance with
best management practices for ensuring the vegetation's long-term health and survival.
m. Plants may be selected and placed to allow for public and private view
corridors and/or access to the water's edge.
n. Native vegetation in the shoreline installed in accordance with the
preceding standards shall be maintained by the property owner to promote healthy growth
and prevent establishment of invasive species. Invasive plants (such as blackberry, ivy,
knotweed, bindweed) shall be removed on a regular basis, according to the approved
maintenance plan.
o. Areas disturbed by removal of invasive plants shall be replanted with
native vegetation where necessary to maintain the density shown in TMC Section
18.44.060.B.4. and must be replanted in a timely manner, except where a long term
removal and re -vegetation plan, as approved by the City, is being implemented.
p. Landscape plans shall include a detail on invasive plant removal and
soil preparation.
q. The following standards apply to utilities and loading docks located in
the shoreline jurisdiction.
(1) Utilities such as pumps, pipes, etc. shall be suitably screened with
native vegetation;
(2) Utility easements shall be landscaped with native groundcover,
grasses or other low -growing plants as appropriate to the shoreline environment and site
conditions;
(3) Allowed loading docks and service areas located waterward of the
development shall have landscaping that provides extensive visual separation from the
river.
2. Shoreline Buffer Landscaping Requirements in all Shoreline
Environments. The Shoreline Buffer in all shoreline environments shall function, in part,
as a vegetation management area to filter sediment, capture contaminants in surface
water run-off, reduce the velocity of water run-off, and provide fish and wildlife habitat.
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a. A planting plan prepared by an approved biologist shall be submitted to
the City for approval that shows plant species, size, number and spacing. The
requirement for a biologist may be waived by the Director for single family property owners
(when planting is being required as mitigation for construction of overwater structures or
shoreline stabilization).
b. Plants shall be installed from the OHWM to the upland edge of the
Shoreline Buffer unless the Director determines that site conditions would make planting
unsafe.
c. Plantings close to and on the bank shall include native willows, red osier
dogwood and other native vegetation that will extend out over the water, to provide shade
and habitat functions when mature. Species selected must be able to withstand seasonal
water level fluctuations.
d. Minimum plant spacing in the buffer shall follow the Shoreline Buffer
Vegetation Planting Densities Table shown in TMC Section 18.44.060.C.2. Existing non-
invasive plants may be included in the density calculations.
e. Irrigation for buffer plantings is required for at least two dry seasons or
until plants are established. An irrigation plan is to be included as part of the planting
plan.
f. In the event that a development project allows for setback and benching
of the shoreline along an existing levee or revetment, the newly created mid -slope bench
area shall be planted and maintained with a variety of native vegetation appropriate for
site conditions.
g. The Director, in consultation with the City's Urban Environmentalist, may
approve the use of shrub planting and installation of willow stakes to be counted toward
the tree replacement standard in the buffer if proposed as a measure to control invasive
plants and increase buffer function.
River Buffer Vegetation Planting Densities Table
Plant Material Type
Planting Density
Stakes/cuttings along river bank
willows, red osier dogwood)
1 - 2 feet on center or per bioengineering
method
Shrubs
3 - 5 feet on center, depending on species
Trees
15 — 20 feet on center, depending on species
Groundcovers, grasses, sedges,
rushes, other herbaceous plants
1 — 1.5 feet on center, depending on species
Native seed mixes
5 - 25 Ibs per acre, depending on species
3. Landscaping Requirements for the Urban Conservancy and High
Intensity Environments — Outside of the Shoreline Buffer. For the portions of
property within the Shoreline Jurisdiction landward of the Shoreline Buffer the landscape
requirements in the General section of this chapter and the requirements for the
underlying zoning as established in TMC Chapter 18.52 shall apply except as indicated
below.
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a. Parking Lot Landscape Perimeters: One native tree for each 20 lineal
feet of required perimeter landscaping, one shrub for each 4 lineal feet of required
perimeter landscaping, and native groundcovers to cover 90% of the landscape area
within 3 years, planted at a minimum spacing of 12 inches on -center.
b. Interior Parking Lot Landscaping: Every 300 square feet of paved
surface requires 10 square feet of interior landscaping within landscape islands separated
by no more than 150 feet between islands.
c. Landscaping shall be provided at yards not adjacent to the river, with the
same width as required in the underlying zoning district. This standard may be reduced
as follows:
(1) Where development provides a public access corridor between off -
site public area(s) and public shoreline areas, side yard landscaping may be reduced by
25 percent to no less than 3 feet; or
(2) Where development provides additional public access area(s) (as
allowed by the High Intensity and Urban Conservancy Environment Development
Standards) equal in area to at least 2.5% of total building area, front yard landscaping
may be reduced by 25 percent.
G. Vegetation Management in the Shoreline Jurisdiction. The requirements of
this section apply to all existing and new development within the shoreline jurisdiction.
1. Trees and shrubs may only be pruned for safety, to maintain views or access
corridors and trails by pruning up or on the sides of trees, to maintain clearance for utility
lines, and/or for improving shoreline ecological function. No more than 25% may be
pruned from a tree within a 36 month period without prior City review and is subject to
replacement ratios of this chapter. This type of pruning is exempt from any permit
requirements. Topping of trees is prohibited and shall be regulated as removal with tree
replacement required except where absolutely necessary to avoid interference with
existing utilities.
2. Plant debris from removal of invasive plants or pruning shall be removed
from the site and disposed of properly.
3. Use of pesticides.
a. Pesticides (including herbicides, insecticides, and fungicides) shall not
be used in the shoreline jurisdiction except where:
(1) Alternatives such as manual removal, biological control, and cultural
control are not feasible given the size of the infestation, site characteristics, or the
characteristics of the invasive plant species;
(2) The use of pesticides has been approved through a comprehensive
vegetation or pest management and monitoring plan;
(3) The pesticide is applied in accordance with state regulations;
(4) The proposed herbicide is approved for aquatic use by the U.S.
Environmental Protection Agency; and
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(5) The use of pesticides in the shoreline jurisdiction is approved in
writing by the Department of Ecology or Washington Department of Agriculture.
b. Self-contained rodent bait boxes designed to prevent access by other
animals are allowed.
c. Sports fields, parks, golf courses and other outdoor recreational uses that
involve maintenance of extensive areas of turf shall provide and implement an integrated
turf management program or integrated pest management plan designed to ensure that
water quality in the river is not adversely impacted.
4. Restoration Project Plantings: Restoration projects may overplant the site
as a way to discourage the re-establishment of invasive species. Thinning of vegetation
to improve plant survival and health without a separate shoreline vegetation removal
permit may be permitted five to ten years after planting if this approach is approved as
part of the restoration project's maintenance and monitoring plan.
H. Maintenance and Monitoring. The property owner is required to ensure the
viability and long term health of vegetation planted for replacement or mitigation through
proper care and maintenance for the life of the project subject to the permit requirements
as follows:
Tree Replacement and Vegetation Clearing Permit Requirements:
a. Schedule an inspection with the City's Urban Environmentalist to
document planting of the correct number and type of plants.
b. Submit annual documentation of tree and vegetation health to the City
for three years.
2. Restoration and Mitigation Project Requirements:
a. A five-year maintenance and monitoring plan must be approved by the
City prior to permit issuance. The monitoring period will begin when the restoration is
accepted by the City and as -built plans have been submitted.
b. Monitoring reports shall be submitted annually for City review up until
the end of the monitoring period. Reports shall measure survival rates against project
goals and present contingency plans to meet project goals.
c. Mitigation will be complete after project goals have been met and
accepted by the City's Urban Environmentalist.
d. A performance bond or financial security equal to 150% of the cost of
labor and materials required for implementation of the planting, maintenance and
monitoring shall be submitted prior to City acceptance of project.
Section 22. TMC 18.44.070 is hereby reenacted to read as follows:
18.44.070 Environmentally Critical Areas within the Shoreline Jurisdiction
A. Applicable Critical Areas Regulations. The following critical areas, located in
the shoreline jurisdiction, shall be regulated in accordance with the provisions of the
Critical Areas Ordinance TMC Chapter 18.45, (Ordinance No. 2625, March 2, 2020),
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which is herein incorporated by reference into this SMP, except as provided in TMC
Section 18.44.070.13. Said provisions shall apply to any use, alteration, or development
within shoreline jurisdiction whether or not a shoreline permit or written statement of
exemption is required. Unless otherwise stated, no development shall be constructed,
located, extended, modified, converted, or altered, or land divided without full compliance
with the provisions adopted by reference and the Shoreline Master Program. Within
shoreline jurisdiction, the regulations of TMC Chapter 18.45 shall be liberally construed
together with the Shoreline Master Program to give full effect to the objectives and
purposes of the provisions of the Shoreline Master Program and the Shoreline
Management Act. If there is a conflict or inconsistency between any of the adopted
provisions below and the Shoreline Master Program, the most restrictive provisions shall
prevail.
Wetlands
2. Watercourses (Type F, Type Np, Type Ns)
3. Areas of potential geologic instability
4. Fish and wildlife habitat conservation areas
B. The following provisions in TMC Chapter 18.45 do not apply to critical areas in
the shoreline jurisdiction:
1. Critical Area Master Plan Overlay (TMC Section 8.45.160).
2. Reasonable Use Exception (TMC Section 18.45.180). Exceptions within
shoreline jurisdiction shall require a shoreline variance based on the variance criteria
listed in TMC Section 18.44.110.F and WAC 173-27-170.
3. Time Limitation, Appeals, and Vesting (TMC Section 18.45.190).
4. Wetlands Uses, Alterations and Mitigation (TMC Section 18.45.090).
Activities and alterations to wetlands and their buffers located within shoreline jurisdiction
shall be subject to the provisions and permitting mechanisms of this Master Program.
C. Shoreline buffer widths are defined in TMC Section 18.44.040.
D. Future amendments to the Critical Areas Ordinance require Department of
Ecology approval of an amendment to this Master Program to incorporate updated
language.
E. If provisions of the Critical Areas Ordinance conflict with provisions of this Master
Program, the provisions that are the most protective of the ecological resource shall
apply, as determined by the Director.
F. If there are provisions of the Critical Areas Ordinance that are not consistent with
the Shoreline Management Act, Chapter 90.58 RCW, and supporting Washington
Administrative Code chapters, those provisions shall not apply.
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G. Areas of seismic instability are also defined as critical areas. These areas are
regulated by the Washington State Building Code, rather than by TMC Section 18.44.070.
Additional building standards applicable to frequently flooded areas are included in the
Flood Zone Management Code (TMC Chapter 16.52).
Section 23. TMC 18.44.080 is hereby reenacted to read as follows:
18.44.080 Public Access to the Shoreline
A. Applicability.
1. Public access shall be provided on all property that abuts the
Green/Duwamish River shoreline in accordance with this section as further discussed
below where any of the following conditions are present:
a. Where a development or use will create increased demand for public
access to the shoreline, the development or use shall provide public access to mitigate
this impact. For the purposes of this section, an "increase in demand for public access"
is determined by evaluating whether the development reflects an increase in the land use
intensity (for example converting a warehouse to office or retail use), or a significant
increase in the square footage of an existing building. A significant increase is defined
as an increase of at least 3,000 square feet.
b. Where a development or use will interfere with an existing public access
way, the development or use shall provide public access to mitigate this impact. Impacts
to public access may include blocking access or discouraging use of existing on -site or
nearby accesses.
c. Where a use or development will interfere with a public use of lands or
waters subject to the public trust doctrine, the development shall provide public access to
mitigate this impact.
d. Where the development is proposed by a public entity or on public lands.
e. Where identified on the Shoreline Public Access Map in the Shoreline
Master Program.
f. Where a land division of five or greater lots, or a residential project of
five or greater residential units, is proposed.
2. The extent of public access required will be proportional to the amount of
increase in the demand for public access. For smaller projects, the Director will review
the intent of this section and the scope of the project to determine a reasonable amount
of public access to be carried out. Depending on the amount of increase, the project may
utilize the alternative provisions for meeting public access in TMC Section 18.44.080.F.
The terms and conditions of TMC Sections 18.44.080.A and 18.44.080.B shall be deemed
satisfied if the applicant and the City agree upon a master trail plan providing for public
paths and trails within a parcel or group of parcels.
3. The provisions of this section do not apply to the following:
a. Short plats of four or fewer lots;
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b. Where providing such access would cause unavoidable health or safety
hazards;
c. Where an area is limited to authorized personnel and providing such
access would create inherent and unavoidable security problems that cannot be mitigated
through site design or fencing; or
d. Where providing such access would cause significant ecological
impacts that cannot be mitigated.
An applicant claiming an exemption under items 3(b) - (d) above must
comply with the procedures in TMC Section 18.44.080.F.
B. General Standards.
1. To improve public access to the Green/Duwamish River, sites shall be
designed to provide:
a. Safe, visible and accessible pedestrian and non -motorized vehicle
connections between proposed development and the river's edge, particularly when the
site is adjacent to the Green River Trail or other approved trail system; and
b. Public pathway entrances that are clearly visible from the street edge
and identified with signage; and
c. Clearly identified pathways that are separate from vehicular circulation
areas. This may be accomplished through the use of distinct paving materials, changes
in color or distinct and detailed scoring patterns and textures.
d. Site elements that are organized to clearly distinguish between public
and private access and circulation systems.
2. Required public access shall be fully developed and available for public use
at the time of occupancy in accordance with development permit conditions except where
the decision maker determines an appropriate mechanism for delayed public access
implementation is necessary for practical reasons. Where appropriate, a bond or cash
assignment may be approved, on review and approval by the Director of Community
Development, to extend this requirement for 90 days from the date the Certificate of
Occupancy is issued.
3. Public access easements and related permit conditions shall be recorded on
the deed of title or the face of the plat, short plat or approved site plan as a condition tied
to the use of the land. Recording with the County shall occur prior to the issuance of an
Occupancy Permit or final plat approval. Upon re -development of such a site, the
easement may be relocated to facilitate the continued public access to the shoreline.
4. Approved signs indicating the public's right of access and hours of access,
if restricted, shall be constructed, installed and maintained by the applicant in
conspicuous locations at public access sites. Signs should be designed to distinguish
between public and private areas. Signs controlling or restricting public access may be
approved as a condition of permit approval.
5. Required access must be maintained in perpetuity.
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6. Public access features shall be separated from residential uses through the
use of setbacks, low walls, berms, landscaping, or other device of a scale and materials
appropriate to the site.
7. Shared public access between developments is encouraged. Where access
is to be shared between adjacent developments, the minimum width for the individual
access easement may be reduced, provided the total width of easements contributed by
each adjacent development equals a width that complies with Fire Department
requirements and/or exceeds the minimum for an individual access.
8. Public access sites shall be connected directly to the nearest public area
(e.g., street, public park, or adjoining public access easement). Where connections are
not currently possible, the site shall be designed to accommodate logical future
connections.
C. Requirements for Shoreline Trails. Where public access is required under
TMC Section 18.44.080.A.1, the requirement will be met by provision of a shoreline trail
as follows:
1. Development on Properties Abutting Existing Green River Trail. An
applicant seeking to develop property abutting the existing trail shall meet public access
requirements by upgrading the trail along the property frontage to meet the standards of
a 12-foot-wide trail with 2-foot shoulders on each side. If a 12-foot-wide trail exists on
the property, it shall mean public access requirements have been met if access to the trail
exists within 1,000 feet of the property.
2. Development on Properties Where New Regional Trails are Planned.
An applicant seeking to develop property abutting the river in areas identified for new
shoreline trail segments shall meet public access requirements by dedicating a 16-foot-
wide trail easement to the City for public access along the river.
3. On -site Trail Standards. Trails providing access within a property, park or
restoration site shall be developed at a width appropriate to the expected usage and
environmental sensitivity of the site.
D. Publicly -Owned Shorelines.
1. Shoreline development by any public entities, including but not limited to the
City of Tukwila, King County, port districts, state agencies, or public utility districts, shall
include public access measures as part of each development project, unless such access
is shown to be incompatible due to reasons of safety, security, impact to the shoreline
environment or other provisions listed in this section.
2. The following requirements apply to street ends and City -owned. property
adjacent to the river.
a. Public right-of-way and "road -ends," or portions thereof, shall not be
vacated and shall be maintained for future public access.
b. Unimproved right-of-ways and portions of right-of-ways, such as street
ends and turn -outs, shall be dedicated to public access uses until such time as the portion
becomes improved right-of-way. Uses shall be limited to passive outdoor recreation,
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hand carry boat launching, fishing, interpretive/educational uses, and/or parking that
accommodates these uses, and shall be designed so as to not interfere with the privacy
of adjacent residential uses.
c. City -owned facilities within the Shoreline Jurisdiction shall provide new
trails and trail connections to the Green River Trail in accordance with approved plans
and this SMP.
d. All City -owned recreational facilities within the Shoreline Jurisdiction,
unless qualifying for an exemption as specified in this chapter, shall make adequate
provisions for:
(1) Non -motorized and pedestrian access;
(2) The prevention of trespass onto adjacent properties through
landscaping, fencing or other appropriate measures;
(3) Signage indicating the public right-of-way to shoreline areas; and
(4) Mechanisms to prevent environmental degradation of the shoreline
from public use.
E. Public Access Incentives.
1. The minimum yard setback for buildings, uses, utilities or development from
non-riverfront lot lines may be reduced as follows:
a. Where a development provides a public access corridor that connects
off -site areas or public shoreline areas to public shoreline areas, one side yard may be
reduced to a zero lot line placement; or
b. Where a development provides additional public access area(s) equal
in area to at least 2.5% of total building area, the front yard (the landward side of the
development) may be reduced by 50%.
2. The maximum height for structures within the shoreline jurisdiction may be
increased by 15 feet when:
a. Development devotes at least 5% of its building or land area to public
shoreline access; or
b. Development devotes at least 10% of its land area to employee
shoreline access.
3. The maximum height for structures within the shoreline jurisdiction may be
increased by 15 feet for properties that construct a 12-foot-wide paved trail with a 2-foot-
wide shoulder on each side for public access along the river in areas identified for new
shoreline trail segments, or where, in the case of properties containing or abutting existing
public access trails, the existing trail either meets the standard of a 12-foot-wide trail with
2-foot-wide shoulders on either side or the property owner provides any necessary
easements and improvements to upgrade the existing trail to that standard along the
property frontage.
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4. During the project review, the project proponent shall affirmatively
demonstrate that the increased height for structures authorized in subparagraphs E.2 and
E.3 of this section will:
a. Not block the views of a substantial number of residences;
b. Not cause environmental impacts such as light impacts adversely
affecting the river corridor;
c. Achieve no net loss of ecological function; and
d. Not combine incentives to increase the allowed building height above
the maximum height in the parcel's zoning district.
F. Exemptions from Provision of On -Site Public Access.
1. Requirements for providing on -site general public access, as distinguished
from employee access, will not apply if the applicant can demonstrate one or more of the
following:
a. Unavoidable health or safety hazards to the public exist such as active
railroad tracks or hazardous chemicals related to the primary use that cannot be
prevented by any practical means.
b. The area is limited to authorized personnel and inherent security
requirements of the use cannot be satisfied through the application of alternative design
features or other solutions.
c. The cost of providing the access, easement or other public amenity on
or off the development site is unreasonably disproportionate to the total long-term cost of
the proposed development.
d. Unavoidable environmental harm or net loss of shoreline ecological
functions that cannot be adequately mitigated will result from the public access.
e. Access is not feasible due to the configuration of existing parcels and
structures, such that access areas are blocked in a way that cannot be remedied
reasonably by the proposed development.
f. " Significant undue and unavoidable conflict between the proposed
access and adjacent uses would occur and cannot be mitigated.
g. Space is needed for water -dependent uses or navigation.
2. In order to meet any of the above -referenced conditions, the applicant must
first demonstrate, and the City determine in its findings through a Type II decision, that all
reasonable alternatives have been exhausted including, but not limited to:
a. Regulating access by such means as maintaining a gate and/or limiting
hours of use;
b. Designing separation of uses and activities through fencing, terracing,
hedges or other design features; or
c. Providing access on a site geographically separate from the proposal
such as a street end cannot be accomplished.
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3. If the above conditions are demonstrated, and the proposed development is
not subject to the Parks Impact Fee, alternative provisions for meeting public access are
required and include:
a. Development of public access at an adjacent street end, or
b. Protection through easement or setbacks of landmarks, unique natural
features or other areas valuable for their interpretive potential; or
c. Contribution of materials and/or labor toward projects identified in the
Parks and Recreation Master Plan, the Shoreline Restoration Plan, or other City adopted
plan; or
d. In lieu of providing public access under this section, at the Director's
discretion, a private applicant may provide restoration/enhancement of the shoreline
jurisdiction to a scale commensurate with the foregone public access.
Section 24. TMC 18.44.090 is hereby reenacted to read as follows:
18.44.090 Shoreline Design Guidelines
The Green/Duwamish River is an amenity that should be valued and celebrated when
designing projects that will be located along its length. If any portion of a project falls
within the shoreline jurisdiction, then the entire project will be reviewed under these
guidelines as well as the relevant sections of the Design Review Chapter of the Zoning
Code (TMC Chapter 18.60). The standards of TMC Chapter 18.60 shall guide the type
of review, whether administrative or by the Board of Architectural Review.
A. The following standards apply to development, uses and activities in the Urban
Conservancy and High Intensity Environments and non-residential development in the
Shoreline Residential Environment.
1. Relationship of Structure to Site. Development within the shoreline
jurisdiction shall demonstrate compliance with the following:
a. Reflect the shape of the shoreline;
b. Orient building elements to site such that public river access, both visual
and physical is enhanced;
c. Orient buildings to allow for casual observation of pedestrian and trail
activity from interior spaces;
d. Site and orient buildings to provide maximum views from building
interiors toward the river and the shoreline;
e. Orient public use areas and private amenities towards the river;
f. Clearly allocate spaces, accommodating parking, vehicular circulation
and buildings to preserve existing stands of vegetation or trees so that natural areas can
be set aside, improved, or integrated into site organization and planning;
g. Clearly define and separate public from non-public spaces with the use
of paving, signage, and landscaping.
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2. Building Design. Development within the shoreline jurisdiction shall
demonstrate compliance with the following:
a. To prevent building mass and shape from overwhelming the desired
human scale along the river, development shall avoid blank walls on the public and river
sides of buildings.
b. Buildings should be designed to follow the curve of the river and respond
to changes in topography; buildings must not "turn their back" to the river.
c. Design common areas in buildings to take advantage of shoreline views
and access; incorporate outdoor seating areas that are compatible with shoreline access.
d. Consider the height and scale of each building in relation to the site.
e. Extend site features such as plazas that allow pedestrian access and
enjoyment of the river to the landward side of the buffer's edge.
f. Locate lunchrooms and other common areas to open out onto the water -
ward side of the site to maximize enjoyment of the river.
g. Design structures to take advantage of the river frontage location by
incorporating features such as:
(1) plazas and landscaped open space that connect with a shoreline
trail system;
(2) windows that offer views of the river; or
(3) pedestrian entrances that face the river.
h. View obscuring fencing is permitted only when necessary for
documentable use requirements and must be designed with landscaping per TMC
Section 18.44.060, "Vegetation Protection and Landscaping." Other fencing, when
allowed, must be designed to complement the proposed and/or existing development
materials and design; and
i. Where there are public trails, locate any fencing between the site and
the landward side of the shoreline trail.
3. Design of Public Access. Development within the shoreline jurisdiction
shall demonstrate compliance with the following:
a. Public access shall be barrier free, where feasible, and designed
consistent with the Americans with Disabilities Act.
b. Public access landscape design shall use native vegetation, in
accordance with the standards in TMC Section 18.44.060, "Vegetation Protection and
Landscaping." Additional landscape features may be required where desirable to provide
public/private space separation and screening of utility, service and parking areas.
c. Furniture used in public access areas shall be appropriate for the
proposed level of development, and the character of the surrounding area. For example,
large urban projects should provide formal benches; for smaller projects in less -
developed areas, simpler, less formal benches or suitable alternatives such as boulders
are appropriate.
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d. Materials used in public access furniture, structures or sites shall be:
(1) Durable and capable of withstanding exposure to the elements;
(2) Environmentally friendly and take advantage of technology in
building materials, lighting, paved surfaces, porous pavement, etc, wherever practical;
and
use.
(3) Consistent with the character of the shoreline and the anticipated
e. Public -Private Separation.
(1) Public access facilities shall look and feel welcoming to the public,
and not appear as an intrusion into private property.
(2) Natural elements such as logs, grass, shrubs, and elevation
separations are encouraged as means to define the separation between public and
private space.
4. Design of Flood Walls. The exposed new floodwalls should be designed
to incorporate brick or stone facing, textured concrete block, design elements formed into
the concrete or vegetation to cover the wall within 3 years of planting.
Section 25. TMC 18.44.100 is hereby reenacted to read as follows:
18.44.100 Shoreline Restoration
A. Shoreline Substantial Development Permit Not Required. Shoreline
restoration projects shall be allowed without a Shoreline Substantial Development Permit
when these projects meet the criteria established by WAC 173-27-040(2)(o) and (p) and
RCW 90.58.580.
B. Changes in Shoreline Jurisdiction Due to Restoration.
1. Relief may be granted from Shoreline Master Program standards and use
regulations in cases where shoreline restoration projects result in a change in the location
of the OHWM and associated Shoreline Jurisdiction on the subject property and/or
adjacent properties, and where application of this chapter's regulations would preclude or
interfere with the uses permitted by the underlying zoning, thus presenting a hardship to
the project proponent.
a. Applications for relief, as specified below, must meet the following
criteria:
(1) The proposed relief is the minimum necessary to relieve the
hardship;
(2) After granting the proposed relief, there is net environmental benefit
from the restoration project; and
(3) Granting the proposed relief is consistent with the objectives of the
shoreline restoration project and with the Shoreline Master Program.
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(4) Where a shoreline restoration project is created as mitigation to
obtain a development permit, the project proponent required to perform the mitigation is
not eligible for relief under the provisions of this section.
b. The Department of Ecology must review and approve applications for
relief.
c. For the portion of property that moves from outside Shoreline
Jurisdiction to inside Shoreline Jurisdiction as a result of the shoreline restoration project,
the City may consider the following, consistent with the criteria in TMC Section
18.44.100.B.1.a.
(1) permitting development for the full range of uses of the underlying
zoning consistent with the Zoning Code, including uses that are not water oriented,
(2) waiving the requirement to obtain a shoreline substantial
development permit if it is otherwise exempt from the requirement for a substantial
development permit,
(3) waiving the provisions for public access;
(4) waiving the requirement for shoreline design review; and
(5) waiving the development standards set forth in this chapter.
d. The intent of the exemptions identified in TMC Section
18.44.100.B.1.c.(1) through 18.44.100.B.1.c.(5) is to implement the restoration projects
of the Shoreline Master Program Restoration Plan, which reflects the projects identified
in the Water Resource Inventory Area (WRIA) 9 Plan pursuant to Goals and Policies 5.2
of the Tukwila Comprehensive Plan.
2. Consistent with the provisions of TMC Section 18.44.100.B.1.a, 1.b and 1.c,
the Shoreline Residential Environment, High Intensity, Urban Conservancy Environment
Shoreline Buffer width may be reduced to no less than 25 feet measured from the new
location of the OHWM for the portion of the property that moves from outside the
Shoreline Jurisdiction to inside Shoreline Jurisdiction as a result of the shoreline
restoration project, subject to the following standards:
a. The 25-foot buffer area must be vegetated according to the
requirements of TMC Section 18.44.060, "Vegetation Protection and Landscaping," or as
otherwise approved by the City; and
b. The proponents of the restoration project are responsible for the
installation and maintenance of the vegetation.
3. The habitat restoration project proponents must record with King County a
survey that identifies the location of the OHWM location prior to implementation of the
shoreline restoration project, any structures that fall within the Shoreline Jurisdiction, and
the new location of the OHWM once construction of the shoreline restoration project is
completed.
4. Shoreline restoration projects must obtain all U.S. Army Corps of Engineers
and Washington State Department of Fish and Wildlife approvals as well as written
approval from the City.
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C. Shoreline Restoration Building Height Incentive.
1. Consistent with provisions in TMC Section 18.44.050.C, building heights
within shoreline jurisdiction may be increased if the project proponent provides additional
restoration and/or enhancement of the shoreline buffer, beyond what may otherwise be
required in accordance with the standards of TMC Section 18.44.060, "Vegetation
Protection and Landscaping." Additional restoration and/or enhancement shall include:
a. creation of shallow -water (maximum slope 5H:1V) off channel rearing
habitat and/or
b. removal of fish passage barriers to known or potential fish habitat, and
restoration of the barrier site.
Section 26. TMC 18.44.110 is hereby reenacted to read as follows:
18.44.110 Administration
A. Applicability of Shoreline Master Program and Substantial Development
Permit.
1. Development in the Shoreline Jurisdiction. Based on guidelines in the
Shoreline Management Act (SMA) for a Minimum Shoreline Jurisdiction, Tukwila's
Shoreline Jurisdiction is defined as follows: The Tukwila Shoreline Jurisdiction includes
the channel of the Green/Duwamish River, its banks, the upland area which extends from
the OHWM landward for 200 feet on each side of the river, floodways and all associated
wetlands within its floodplain. The floodway shall not include those lands that have
historically been protected by flood control devices and therefore have not been subject
to flooding with reasonable regularity.
2. Applicability. The Tukwila SMP applies to uses, change of uses, activities
or development that occurs within the above -defined Shoreline Jurisdiction. All proposed
uses and development occurring within the Shoreline Jurisdiction must conform to
Chapter 90.58 RCW, the SMA, and this chapter whether or not a permit is required.
B. Relationship to Other Codes and Regulations.
1. Compliance with this Master Program does not constitute compliance with
other federal, state, and local regulations and permit requirements that may apply. The
applicant is responsible for complying with all other applicable requirements.
2. Where this Master Program makes reference to any RCW, WAC, or other
state or federal law or regulation, the most recent amendment or current edition shall
apply.
3. In the case of any conflict between any other federal, state, or local law and
this Master Program, the provision that is most protective of shoreline resources shall
prevail, except when constrained by federal or state law, or where specifically provided in
this Master Program.
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4. Relationship to Critical Areas Regulations:
(a) For protection of critical areas where they occur in shoreline jurisdiction,
this Master Program adopts by reference the City's Critical Areas Ordinance, which is
incorporated into this Master Program with specific exclusions and modifications in TMC
Section 18.44.070.
(b) All references to the Critical Areas Ordinance are for the version adopted
March 2, 2020. Pursuant to WAC 173-26-191(2)(b), amending the referenced regulations
in the Master Program for those critical areas under shoreline jurisdiction will require an
amendment to the Master Program and approval by the Department of Ecology.
(c) Within shoreline jurisdiction, the Critical Areas Ordinance shall be
liberally construed together with this Master Program to give full effect to the objectives
and purposes of the provisions of this Master Program and Chapter 90.58 RCW.
C. Developments not required to obtain shoreline permits or local reviews.
Requirements to obtain a substantial development permit, conditional use permit,
variance, letter of exemption, or other review to implement the Shoreline Management
Act do not apply to the following as described in WAC 173-27-044 and WAC 173-27-045:
1. Remedial actions. Pursuant to RCW 90.58.355, any person conducting a
remedial action at a facility pursuant to a consent decree, order, or agreed order issued
pursuant to Chapter 70.105D RCW, or to the Department of Ecology when it conducts a
remedial action under Chapter 70.105D RCW.
2. Boatyard improvements to meet NPDES permit requirements. Pursuant
to RCW 90.58.355, any person installing site improvements for storm water treatment in
an existing boatyard facility to meet requirements of a national pollutant discharge
elimination system storm water general permit.
3. WSDOT facility maintenance and safety improvements. Pursuant to
RCW 90.58.356, Washington State Department of Transportation projects and activities
meeting the conditions of RCW 90.58.356 are not required to obtain a substantial
development permit, conditional use permit, variance, letter of exemption, or other local
review.
4. Projects consistent with an environmental excellence program agreement
pursuant to RCW 90.58.045.
5. Projects authorized through the Energy Facility Site Evaluation Council
process, pursuant to chapter 80.50 RCW.
D. Substantial Development Permit Requirements.
1. Permit Application Procedures. Applicants for a Shoreline Substantial
Development Permit shall comply with permit application procedures in TMC Chapter
18.104.
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2. Exemptions.
a. To qualify for an exemption, the proposed use, activity or development
must meet the requirements for an exemption as described in WAC 173-27-040, except
for properties that meet the requirements of the Shoreline Restoration Section, TMC
Section 18.44.100. The purpose of a shoreline exemption is to provide a process for uses
and activities which do not trigger the need for a Substantial Development Permit, but
require compliance with all provisions of the City's SMP and overlay district.
b. The Director may impose conditions to the approval of exempted
developments and/or uses as necessary to assure compliance of the project with the SMA
and the Tukwila SMP, per WAC 173-27-040(e). For example, in the case of development
subject to a building permit but exempt from the shoreline permit process, the Building
Official or other permit authorizing official, through consultation with the Director, may
attach shoreline management terms and conditions to building permits and other permit
approvals pursuant to RCW 90.58.140.
3. A substantial development permit shall be granted only when the
development proposed is consistent with:
a. The policies and procedures of the Shoreline Management Act;
b. The provisions of Chapter 173-27 WAC; and
c. This Shoreline Master Program.
E. Shoreline Conditional Use Permit.
1. Purpose. As stated in WAC 173-27-160, the purpose of a Conditional Use
Permit (CUP) is to allow greater flexibility in the application of use regulations of this
chapter in a manner consistent with the policies of RCW 90.58.020. In authorizing a
conditional use, special conditions may be attached to the permit by the City or the
Department of Ecology to prevent undesirable effects of the proposed use and/or assure
consistency of the project with the SMA and the City's SMP. Uses which are specifically
prohibited by the Shoreline Master Program shall not be authorized with approval of a
CUP.
2. Application. Shoreline Conditional Use Permits are a Type 4 Permit
processed under TMC Chapter 18.104.
3. Application requirements. Applicants must meet all requirements for
permit application and approvals indicated in TMC Chapter 18.104 and this chapter.
4. Approval Criteria.
a. Uses classified as shoreline conditional uses may be authorized,
provided that the applicant can demonstrate all of the following:
(1) The proposed use will be consistent with the policies of RCW
90.58.020 and the policies of the Tukwila Shoreline Master Program;
(2) The proposed use will not interfere with the normal public use of
public shorelines;
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(3) The proposed use of the site and design of the project will be
compatible with other permitted uses within the area and with uses planned for the area
under the Comprehensive Plan and this chapter;
(4) The proposed use will cause no significant adverse effects to the
shoreline environment in which it is to be located; and
(5) The public interest suffers no substantial detrimental effect.
b. In the granting of all Conditional Use Permits, consideration shall be
given to the cumulative impact of additional requests for like actions in the area. For
example, if Conditional Use Permits were granted to other developments in the area
where similar circumstances exist, the total of the conditional uses shall also remain
consistent with the policies of Chapter 90.58 RCW and all local ordinances and shall not
produce substantial adverse effects to the shoreline environment.
F. Shoreline Variance Permits.
1. Purpose. The purpose of a Shoreline Variance Permit is strictly limited to
granting relief from specific bulk, dimensional, or performance standards set forth in this
chapter where there are extraordinary or unique circumstances relating to the physical
character or configuration of property such that the strict implementation of this chapter
will impose unnecessary hardships on the applicant or thwart the Shoreline Management
Act policies as stated in RCW 90.58.020. Reasonable use requests that are located in
the shoreline must be processed as a variance, until such time as the Shoreline
Management Act is amended to establish a process for reasonable uses. Variances from
the use regulations of this chapter are prohibited.
2. Application requirements. Applicants must meet all requirements for a
Type 3 permit application and approvals indicated in TMC Chapter 18.104.
3. Shoreline Variance Permits should be granted in circumstances where
denial of a permit would result in inconsistencies with the policies of the Shoreline
Management Act (RCW 90.58.020). In all instances, the applicant must demonstrate that
extraordinary circumstances exist and the public interest will suffer no substantial
detrimental effect.
4. Shoreline Variance Permits Landward of OHWM and Landward of
Wetlands. A Shoreline Variance Permit for a use, activity or development that will be
located landward of the ordinary high water mark and/or landward of any wetland may be
authorized provided the applicant can demonstrate all of the following:
a. The strict application of the bulk, dimensional, or performance standards
set forth in this chapter preclude or significantly interfere with a reasonable use of the
property not otherwise prohibited by this chapter.
b. The hardship for which the applicant is seeking the variance is
specifically related to the property and is the result of unique conditions such as irregular
lot shape, size, or natural features and the application of this chapter, and not from the
owner's own actions or deed restrictions; and that the variance is necessary because of
these conditions in order to provide the owner with use rights and privileges permitted to
other properties in the vicinity and zone in which the property is situated.
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c. The design of the project will be compatible with other authorized uses
within the area and with uses planned for the area under the Comprehensive Plan and
SMP and will not cause adverse impacts to adjacent properties or the shoreline
environment.
d. The variance will not constitute a grant of special privilege not enjoyed
by other properties in the area.
e. The variance is the minimum necessary to afford relief.
f. The public interest will suffer no substantial detrimental effect.
g. In the granting of all variance permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area such that the total of
the variances would remain consistent with RCW 90.58.020 and not cause substantial
adverse effects to the shoreline environment.
5. Shoreline Variance Permits Waterward of OHWM or Within Critical
Areas.
a. Shoreline Variance Permits for development and/or uses that will be
located either waterward of the ordinary high water mark or within any critical area may
be authorized only if the applicant can demonstrate all of the following:
(1) The strict application of the bulk, dimensional or performance
standards set forth in this Master Program preclude all reasonable permitted use of the
property;
(2) The proposal is consistent with the criteria established under TMC
Section 18.44.110.F.4., "Approval Criteria;" and
(3) The public rights of navigation and use of the shorelines will not be
adversely affected by the granting of the variance.
G. Non -Conforming Development.
1. Non -Conforming Uses. Any non -conforming lawful use of land that would
not be allowed under the terms of this chapter may be continued as an allowed, legal,
non -conforming use, defined in TMC Chapter 18.06 or as hereafter amended, so long as
that use remains lawful, subject to the following:
a. No such non -conforming use shall be enlarged, intensified, increased,
moved or extended to occupy a greater use of the land, structure or combination of the
two, than was occupied at the effective date of adoption of this chapter except as
authorized in TMC Section 18.66.120 or upon approval of a conditional use permit.
b. If any such non -conforming use ceases for any reason for a period of
more than 24 consecutive months, the non -conforming rights shall expire and any
subsequent use shall conform to the regulations specified in this chapter for the shoreline
environment in which such use is located, unless re-establishment of the use is
authorized through a Shoreline Conditional Use Permit, which must be applied for within
the two-year period when the non -conforming use ceases to exist. Water -dependent
uses should not be considered discontinued when they are inactive due to dormancy, or
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where the use is typically seasonal. Upon request of the owner, prior to the end of the 24
consecutive months and upon reasonable cause shown, the City may grant an extension
of time beyond the 24 consecutive months using the criteria set forth in TMC Section
18.44.110.G.4.
c. If a change of use is proposed to a use determined to be non -conforming
by application of provisions in this chapter, the proposed new use must be a permitted
use in this chapter or a use approved under a Type 2 permit with public notice process.
For purposes of implementing this section, a change of use constitutes a change from
one permitted or conditional use category to another such use category as listed within
the Shoreline Use Matrix.
d. A structure that is being or has been used for a non -conforming use may
be used for a different non -conforming use only upon the approval of a Type 2 permit
subject to public notice. Before approving a change in non -conforming use, the following
findings must be made:
(1) No reasonable alternative conforming use is practical.
(2) The proposed use will be at least as consistent with the policies and
provisions of the SMP and as compatible with the uses in the area as the non -conforming
use.
(3) The use or activity is enlarged, intensified, increased or altered only
to the minimum amount necessary to achieve the intended functional purpose.
(4) The structure(s) associated with the non -conforming use shall not
be expanded in a manner that increases the extent of the non -conformity.
(5) The change in use will not create adverse impacts to shoreline
ecological functions and/or processes.
(6) The applicant restores and/or enhances the entire shoreline buffer,
including but not limited to, paved areas no longer in use on the property, to offset the
impact of the change of use per the vegetation management standards of this chapter.
This may include the restoration of paved areas to vegetated area if no longer in use.
(7) The preference is to reduce exterior uses in the buffer to the
maximum extent possible.
2. Non -Conforming Structures. Where a lawful structure exists on the
effective date of adoption of this chapter that could not be built under the terms of this
chapter by reason of restrictions on height, buffers or other characteristics of the structure,
it may be continued as an allowed, legal structure so long as the structure remains
otherwise lawful subject to the following provisions:
a. Such structures may be repaired, maintained, upgraded and altered
provided that:
(1) The structure may not be enlarged or altered in such a way that
increases its degree of nonconformity or increases its impacts to the functions and values
of the shoreline environment except as authorized in TMC Section 18.66.120; and
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(2) If the structure is located on a property that has no reasonable
development potential outside the shoreline buffer, there shall be no limit on the cost of
alterations, provided the applicant restores and/or enhances the shoreline buffer from
above the Ordinary High Water Mark to at least 12 feet landward of the top of the slope
along the entire length of the subject property to meet the vegetation management
standards of this chapter (TMC Section 18.44.060). If the structure is located on a
property that has reasonable development potential outside the shoreline buffer, the cost
of the alterations may not exceed an aggregate cost of 50% of the value of the building
or structure in any 3-year period based upon its most recent assessment, unless the
amount over 50% is used to make the building or structure more conforming, or is used
to restore to a safe condition any portion of a building or structure declared unsafe by a
proper authority.
(3) Maintenance or repair of an existing private bridge is allowed
without a conditional use permit when it does not involve the use of hazardous
substances, sealants or other liquid oily substances.
b. Should such structure be destroyed by any accidental means, the
structure may be reconstructed to its original dimensions and location on the lot provided
application is made for permits within two years of the date the damage occurred and all
reconstruction is completed within two years of permit issuance. In the event the property
is redeveloped, such redevelopment must be in conformity with the provisions of this
chapter.
c. Should such structure be moved for any reason or any distance, it must
be brought as closely as practicable into conformance with the applicable master program
and the act.
d. When a non -conforming structure, or structure and premises in
combination, is vacated or abandoned for 24 consecutive months, the structure, or
structure and premises in combination, shall thereafter be required to be in conformance
with the regulations of this chapter. Upon request of the owner, prior to the end of the 24
consecutive months and upon reasonable cause shown an extension of time beyond the
24 consecutive months may be granted using the criteria in TMC Section 18.44.110.G.4.
e. Residential structures located in any Shoreline Residential Environment
and in existence at the time of adoption of this chapter shall not be deemed
nonconforming in terms of height, residential use, or location provisions of this title. Such
buildings may be rebuilt after a fire or other natural disaster to their original dimensions,
location and height, but may not be changed except as provided in the non -conforming
uses section of this chapter.
f. Single-family structures in the Shoreline Residential Environment that
have legally non -conforming setbacks from the OHWM per the shoreline buffer shall be
allowed to expand the ground floor only along the existing building line(s) as long as the
existing distance from the nearest point of the structure to the OHWM is not reduced and
the square footage of new intrusion into the buffer does not exceed 50% of the square
footage of the current intrusion. As a condition of building permit approval, a landscape
plan showing removal of invasive plant species within the entire shoreline buffer and
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replanting with appropriate native species must be submitted to the City. Plantings should
be maintained through the establishment period.
3. For the purposes of this section, altered or partially reconstructed is defined
as work that does not exceed 50% of the assessed valuation of the building over a three-
year period.
4. Requests for Time Extension —Non -conforming Uses and Structures.
a. A property owner may request, prior to the end of the two-year period,
an extension of time beyond the two-year period. Such a request shall be considered as
a Type 2 permit under TMC Chapter 18.104 and may be approved only when:
(1) For a non -conforming use, a finding is made that no reasonable
alternative conforming use is practical;
(2) For a non -conforming structure, special economic circumstances
prevent the lease or sale of said structure within 24 months; and
(3) The applicant restores and/or enhances the shoreline buffer on the
property to offset the impact of the continuation of the non -conforming use. For non-
conforming uses, the amount of buffer to be restored and/or enhanced will be determined
based on the percentage of the existing building used by the non -conforming use for
which a time extension is being requested. Depending on the size of the area to be
restored and/or enhanced, the Director may require targeted plantings rather than a linear
planting arrangement. The vegetation management standards of TMC Section 18.44.060
shall be used for guidance on any restoration/enhancement. For non -conforming
structures, for each six-month extension of time requested, 15% of the available buffer
must be restored/enhanced.
b. Conditions may be attached to the City -approved extension that are
deemed necessary to assure compliance with the above findings, the requirements of the
Shoreline Master Program and the Shoreline Management Act and to assure that the use
will not become a nuisance or a hazard.
5. Building Safety. Nothing in this SMP shall be deemed to prevent the
strengthening or restoring to a safe condition of any non -conforming building or part
thereof declared to be unsafe by order of any City official charged with protecting the
public safety.
a. Alterations or expansion of a non -conforming structure that are required
by law or a public agency in order to comply with public health or safety regulations are
the only alterations or expansions allowed.
b. Alterations or expansions permitted under this section shall be the
minimum necessary to meet the public safety concerns.
6. Non -Conforming Parking Lots.
a. Parking lot regulations contained in this chapter shall not be construed
to require a change in any aspect of a structure or facility that existed on the date of
adoption of this chapter covered thereunder including parking lot layout, loading space
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requirements and curb -cuts, except as necessary to meet vegetation protection and
landscaping standards consistent with TMC Section 18.44.110.E.7.
b. If a change of use takes place or an addition is proposed that requires
an increase in the parking area by an increment less than 100%, the requirements of this
chapter shall be complied with for the additional parking area.
c. If a property is redeveloped, a change of use takes place or an addition
is proposed that requires an increase in the parking area by an increment greater than
100%, the requirements of this chapter shall be complied with for the entire parking area.
An existing non -conforming parking lot, which is not otherwise subject to the requirements
of this chapter, may be upgraded to improve water quality or meet local, state, and federal
regulations provided the upgrade does not result in an increase in non -conformity.
d. The area beneath a non -conforming structure may be converted to a
contiguous parking lot area if the non -conforming structure is demolished and only when
the contiguous parking is accessory to a legally established use. The converted parking
area must be located landward of existing parking areas.
7. Non -Conforming Landscape Areas.
a. Adoption of the vegetation protection and landscaping regulations
contained in this chapter shall not be construed to require a change in the landscape
improvements for any legal landscape area that existed on the date of adoption of this
chapter, unless and until the property is redeveloped or alteration of the existing structure
is made beyond the thresholds provided herein.
b. At such time as the property is redeveloped or the existing structure is
altered beyond the thresholds provided herein and the associated premises does not
comply with the vegetation protection and landscaping requirements of this chapter, a
landscape plan that conforms to the requirements of this chapter shall be submitted to
the Director for approval.
H. Revisions to Shoreline Permits. Revisions to previously issued shoreline
permits shall be reviewed under the SMP in effect at the time of submittal of the revision,
and not the SMP under which the original shoreline permit was approved and processed
in accordance with WAC 173-27-100.
Time Limits on Shoreline Permits.
1. Consistent with WAC 173-27-090, shoreline permits are valid for two years,
and the work authorized under the shoreline permit must be completed in five years.
Construction activity must begin within this two-year period. If construction has not begun
within two years, a one-time extension of one year may be approved by the Director based
on reasonable factors. The permit time period does not include the time during which
administrative appeals or legal actions are pending or due to the need to obtain any other
government permits and approvals for the project.
2. Upon a finding of good cause, based on the requirements and circumstances
of a proposed project, and consistent with the City's Shoreline Master Program, the City
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may adopt a different time limit for a shoreline substantial development permit as part of
an action on a shoreline substantial development permit.
Section 27. TMC 18.44.120 is hereby reenacted to read as follows:
18.44.120 Appeals
Any person aggrieved by the granting, denying, or rescinding of a Shoreline
Substantial Development Permit, Shoreline Conditional Use Permit, or Shoreline
Variance may seek review from the Shorelines Hearings Board by filing a petition for
review within 21 days of the date of filing of the decision as provided in RCW 90.58.140(6).
Section 28. TMC 18.44.130 is hereby reenacted to read as follows:
18.44.130 Enforcement and Penalties
A. Violations. The following actions shall be considered violations of this chapter:
1. To use, construct or demolish any structure, or to conduct clearing, earth -
moving, construction or other development not authorized under a Substantial
Development Permit, Conditional Use Permit or Variance Permit, where such permit is
required by this chapter.
2. Any work which is not conducted in accordance with the plans, conditions,
or other requirements in a permit approved pursuant to this chapter, provided that the
terms or conditions are stated in the permit or the approved plans.
3. To remove or deface any sign, notice, complaint or order required by or
posted in accordance with this chapter.
4. To misrepresent any material fact in any application, plans or other
information submitted to obtain any shoreline use or development authorization.
5. To fail to comply with the requirements of this chapter.
B. Enforcement. This chapter shall be enforced subject to the terms and conditions
of TMC Chapter 8.45.
C. Inspection Access.
1. For the purpose of inspection for compliance with the provisions of a permit
or this chapter, authorized representatives of the Director may enter all sites for which a
permit has been issued.
2. Upon completion of all requirements of a permit, the applicant shall request
a final inspection by contacting the planner of record. The permit process is complete
upon final approval by the planner.
D. Penalties.
1. Any violation of any provision of the SMP, or failure to comply with any of the
requirements of this chapter shall be subject to the penalties prescribed in TMC Chapter
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8.45 of the Tukwila Municipal Code ("Enforcement") and shall be imposed pursuant to the
procedures and conditions set forth in that chapter.
2. Penalties assessed for violations of the SMP shall be determined by TMC
Chapter 8.45.120, Penalties.
3. It shall not be a defense to the prosecution for failure to obtain a permit
required by this chapter, that a contractor, subcontractor, person with responsibility on
the site, or person authorizing or directing the work, erroneously believed a permit had
been issued to the property owner or any other person.
4. Penalties for Tree Removal:
a. Each unlawfully removed or damaged tree shall constitute a separate
violation.
b. The amount of the penalty shall be $1,000 per tree or up to the
marketable value of each tree removed or damaged as determined by an ISA certified
arborist. The Director may elect not to seek penalties or may reduce the penalties if
he/she determines the circumstances do not warrant imposition of any or all of the civil
penalties.
c. Any illegal removal of required trees shall be subject to obtaining a tree
permit and replacement with trees that meet or exceed the functional value of the
removed trees. In addition, any shrubs and groundcover removed without City approval
shall be replaced.
d. To replace the tree canopy lost due to the tree removal, additional trees
must be planted on -site. Payment may be made into the City's Tree Fund if the number
of replacement trees cannot be accommodated on -site. The number of replacement trees
required will be based on the size of the tree(s) removed as stated in TMC Section
18.44.060.13.4.
E. Remedial Measures Required. In addition to penalties provided in TMC
Chapter 8.45, the Director may require any person conducting work in violation of this
chapter to mitigate the impacts of unauthorized work by carrying out remedial measures.
1. Remedial measures must conform to the policies and guidelines of this
chapter and the Shoreline Management Act.
2. The cost of any remedial measures necessary to correct violation(s) of this
chapter shall be borne by the property owner and/or applicant.
F. Injunctive Relief.
1. Whenever the City has reasonable cause to believe that any person is
violating or threatening to violate this chapter or any rule or other provisions adopted or
issued pursuant to this chapter, it may, either before or after the institution of any other
action or proceeding authorized by this ordinance, institute a civil action in the name of
the City for injunctive relief to restrain the violation or threatened violation. Such action
shall be brought in King County Superior Court.
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2. The institution of an action for injunctive relief under this section shall not
relieve any party to such proceedings from any civil or criminal penalty prescribed for
violations of the Master Program.
G. Abatement. Any use, structure, development or work that occurs in violation of
this chapter, or in violation of any lawful order or requirement of the Director pursuant to
this section, shall be deemed to be a public nuisance and may be abated in the manner
provided by the TMC Section 8.45.100.
Section 29. TMC 18.44.140 is hereby reenacted to read as follows:
18.44.140 Liability
No provision of or term used in this chapter is intended to impose any duty upon the
City or any of its officers or employees that would subject them to damages in a civil
action.
Section 30. TMC 18.52.030 Amended. Ordinance Nos. 2580 §6, 2523 §8, 2442
§1, 2251 §61, 2235 §13, and 1872 §14 (part), as codified in the first paragraph at TMC
Section 18.52.030 (above TABLE A — Perimeter and Parking Lot Landscaping
Requirements by Zone District), are hereby amended for the first paragraph to read as
follows:
18.52.030 Perimeter and Parking Lot Landscaping Requirements by Zone District
In the various zone districts of the City, landscaping in the front, rear and side yards
and parking lots shall be provided as established by the various zone district chapters of
this title. These requirements are summarized in the following table (Table A), except for
Tukwila Urban Center (TUC) requirements, which are listed in TMC Chapter 18.28.
Additional landscape requirements apply in the Shoreline Overlay District, as directed by
TMC 18.44.060, "Vegetation Protection and Landscaping."
Section 31. TMC 18.60.050 Amended. Ordinance Nos. 2580 §7 and §8, 2442 §5,
2368 §62, 2235 §16 and §17, 2199 §20, 1986 §16, 1865 §51, and 1758 §1 (part), as
codified at TMC Section 18.60.050, are hereby amended to add Section H to read as
follows:
18.60.050 Board of Architectural Review
H. Shoreline Design Criteria. The criteria contained in the Shoreline Design
Guidelines (TMC Section 18.44.090) shall be used whenever the provisions of this title
require a design review decision on a proposed or modified development in the Shoreline
Overlay District.
302
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Section 32. TMC 18.104.010 Amended. Ordinance Nos. 2442 §6, 2368 §70, 2294
§1, 2251 §75, 2235 §19, 2135 §19, and 2119 §1, as codified at TMC Section 18.104.010,
"Classification of Project Permit Applications," subparagraph 3, "Type 3 Decisions," are
hereby amended to read as follows:
3. TYPE 3 DECISIONS are quasi-judicial decisions made by the Hearing
Examiner following an open record hearing. Type 3 decisions may be appealed only to
Superior Court, except for shoreline variances and shoreline conditional uses that may
be appealed to the State Shorelines Hearings Board pursuant to RCW 90.58.
TYPE 3 DECISIONS
INITIAL
APPEAL BODY
TYPE OF PERMIT
DECISION
(closed record
MAKER
appeal)
Resolve uncertain zone district
Hearing
Superior Court
boundary
Examiner
Variance (zoning, shoreline,
Hearing
Superior Court
sidewalk, land alteration, sin)
Examiner
TSO Special Permission Use
Hearing
Superior Court
TMC Section 18.41.060
Examiner
Conditional Use Permit
Hearing
Superior Court
Examiner
Modifications to Certain Parking
Hearing
Superior Court
Standards
Examiner
TMC Chapter 18.56
Reasonable Use Exceptions
Hearing
Superior Court
under Critical Areas Ordinance
Examiner
TMC Section 18.45.180
Variance for Noise in excess of
Hearing
Superior Court
60 days
Examiner
TMC Section 8.22.120)
Variance from Parking Standards
Hearing
Superior Court
over 10%
Examiner
TMC Section 18.56.140
Subdivision - Preliminary Plat
Hearing
Superior Court
with no associated Design
Examiner
Review application
TMC Section 17.14.020
Wireless Communication Facility,
Hearing
Superior Court
Major or Waiver Request
Examiner
(TMC Chapter 18.58
Shoreline Conditional Use Permit
Hearing
State Shorelines
Examiner
Hearings Board
Section 33. Codification Clarification. Due to amendments to TMC Chapter 18.44
as stated in this ordinance, TMC sections formerly numbered 18.44.150 and 18.44.160
no longer exist.
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Section 34. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
Section 35. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 36. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force upon approval
of the Shoreline Master Program by the Washington State Department of Ecology and
publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 12020.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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City of Tukwila Allan Ekberg, Mayor
Mayor's Office - David Cline, City Administrator
The City of opportunity, the community of choice
TO: Mayor Ekberg
Councilmembers
FROM: David Cline, City Administrator
DATE: February 26, 2020
SUBJECT: City Administrator's Report
The City Administrator Report is meant to provide the Council, staff and community an update on
the activities of the City and on issues that concern Tukwila. Please let me know if you have any
questions or need additional information about any of the following items.
Intergovernmental Update
• Association of Washington Cities City Action Days: Mayor Ekberg, Councilmember
Hougardy and City Administrator David Cline attended the Association of Washington Cities
City Action Days January 28-29 in Olympia.
• Sound Transit Meeting: Mayor Ekberg attended a Sounder South Capacity Expansion
Program Corridor Leadership meeting on January 29 at Auburn City Hall.
• King County City Managers/City Administrators Meeting: City Administrator David Cline
hosted the monthly King County City Managers/City Administrators meeting on February
where the AWC Government Affairs Director, WCMA/ICMA and Sound Cities Association all
provided updates and the group participated in a small group activity to discuss what is
currently going on their respective cities.
• Entertainment Experience Evolution Conference: Councilmember McLeod and Business
Relations Manager Brandon Miles attended an Entertainment Experience Evolution
conference which focused on the convergence of entertainment and retail and future trends.
This may inform the City's plans for the future of the Southcenter District.
• Association of Washington Cities Mayor's Exchange: Mayor Ekberg attended an Association
of Washington Cities Mayor's Exchange in Olympia on February 13.
• Meeting with King County Councilmember Upthegrove: Mayor Ekberg met with King
County Councilmember Upthegrove on February 14 to discuss the King County Flood Control
District.
• Sound Cities Association South End Mayor's Monthly Meeting: Mayor Ekberg attended the
Sound Cities Association South End Mayor's monthly meeting on February 18.
• King Count/ Regional Transit Committee: Councilmember Hougardy and Community
Development staff attended the monthly meeting of the King County Regional Transit
Tukwila City Hall • 6200 Southcenter Boulevard a Tukwila, WA 98188 • 206-433-1800 , Website: TukwilaWA.gov
305
City Administrator's Report
February 26, 2020
Page 2
Committee (RTC). The RTC received a briefing on the proposed work plan for the year, a
progress report on Metro Connects.
II. Community Events
• Youth Action Day in Olympia: Nate Robinson and Shannon Fisher joined Teens for Tukwila in
Olympia for Youth Action Day February 2 -3. The group met with elected officials to discuss
current issues.
• US Census Event: Mayor Ekberg offered welcoming remarks to attendees at a US Census
hosted event for faith -based community organizations held at the Tukwila Community
Center on February 19.
III. Staff Updates
Public Safety
• International Rescue Committee Orientation: The Community Police Team conducted
outreach briefings for the International Rescue Committee orientation during the week of
February 17.
• Community Academy: The Community Police Team's Community Academy will be held on
Wednesdays from 6pm-7:30pm starting March 11 through April 29. It is open to those that
live and/or work in Tukwila and is a great opportunity for those wanting to see behind the
scenes of how the department runs. Officers will cover information about case law,
recruiting, SWAT, K-9, investigations, patrol and other functions as well as local hot topics
such as mail theft, vehicle prowling, community outreach and more. Applications must be
received by March 6. City Councilmembers are invited to attend. Please contact Chief Linton
for additional information.
• Bullyproof Training Class at Foster High School: School Resource Officer Joseph Tran is
offering a bullyproof training class for Foster High School students on February 26. City
Councilmembers are invited to attend. Please contact Chief Linton for additional
information.
Project Updates
• 53rd Ave S: Estimated Completion: May 2020
Seattle City Light (SCL) ran into four power service connection issues that were unknown to
SCL previously. The materials needed to fix the connection issues have become available for
the project use. We are waiting for to respond and schedule a date to fix these service
connection issues. SCL's overhead to underground conversion works are currently on hold
because of these unanticipated service connection issues. Because of this unanticipated
delay and its impact on the critical path, the estimated construction completion date has
been changed to May 2020.
• Green the Green: Estimated Completion: December 2020
Crews planted 70 evergreen trees and 140 ferns along the Southcenter Plaza shoreline. On
February 18 crews returned to the JSH site to plant Sala[ and low Oregon grape along the
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
306
City Administrator's Report
February 26, 2020
Page 3
upper slope. High waters from the previous week washed out some planted Cedars at both
sites and left sediments within planting areas.
• Traffic Calming/Residential Safety: 2019 accomplishments scheduled for review at the
March 2 Transportation and Infrastructure Committee meeting. The Street department has
begun deploying pedestrian crossing safety flags at selected locations throughout the City.
Southcenter Blvd at 65th and 62"d were the first two locations to receive new flags with ten
additional locations coming soon. Speed cushions on 53rd were adjusted to better
accommodate the Fire response vehicles while in route to calls.
• Public Works Fleet and Facilities Building: The architects, SHKS, are presenting the 30%
design review for this project at the March 2 Transportation & Infrastructure Committee (TIC)
meeting.
• Minkler Shop Improvements: Staff are working with Saybr to provide cost effective
alternative design solutions by the March 2 TIC meeting.
• West Valley Highway (1-405 to Strander): Environmental work continues to produce the
necessary reports for the future NEPA decision. Work continues on confirming where the 60-
in SPU water main has protective sleeving as this will determine what methods can be used
to expand the road and sidewalk over the perpendicular SPU ROW.
• Boeing Access Rd over Airport Way Bridge: WSDOT headquarters has authorized $2.6M for
the obligation of construction funding through the BRAC grant for this seismic retrofit project.
The grant is 100% covered through the construction phase with no matching funds required
from the City. With the funds now obligated, the City has six weeks to advertise the project to
be in compliance with WSDOT Local Programs guidelines. The project will be advertised in
March 2020.
• TIB Channelization Study: The Channelization Report is scheduled to go before the Planning
and Economic Development Committee on March 16.
• Water/Sewer Comprehensive Plan: The City is working with Carollo to resolve minor
exceptions taken by the consultant to the City's standard contract prior to execution.
• 2020 Small Drainage Program: Staff met with KPG to develop a draft project list and design
scope of work for the 2020 projects. Consultant agreement will be presented to the
Transportation and Infrastructure Committee
• Storm Water Quality Retrofit: City staff met with the KPG design team to select the four
preferred sites for water quality retrofit. Sites selected are Site 5 at S. 58th and Interurban
Ave.; Site 8 - Tukwila International Blvd and the SR 599 offramp at Riverton Creek, Site 7 -
East Marginal Way S. near Duwamish Gardens and Site 4 - Fort Dent Way. KPG will move
forward with surveys and site investigations.
• Riverton Creek Flapgate Removal: The design team is working on 90% plans &
specifications. Staff sent draft right -of -entry easements to the property manager at Gateway
North. A consultant amendment is forthcoming for extra permitting, geotechnical, and
bidding services.
• Chinook Wind: The City is working with King County on defining the easement dimensions
that will allow the public access component of the project.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
307
City Administrator's Report
February 26, 2020
Page 4
Gilliam Creek Fish Barrier Removal Project: Staff submitted a proposal to qualify for State
funding through the Brian Abbott Fish Barrier Removal Program and will meet with the
Salmon Recovery Funding Board to get early feedback. This project will be an alternate for
this year, as the funds are allocated through and prioritized by WRIA 9.
Tukwila Village: On February 11 Mayor Ekberg and Economic Development staff met with
the property owner and King County Library Director of Facilities to discuss the lack of
parking due to construction of Building B. The property owner agreed to allow Library and
Kona Kai employees to park inside the garage of Building E and to let Library patrons park in
the surface stalls of Building D after 5 PM on weekdays and all day on weekends. This will
offset the number of stalls temporarily lost to construction. The property owner also agreed
to post new parking signs for the stalls surrounding the plaza limiting the duration to 2 hours
(except by permit) and let the Library issue permits to patrons who need to park longer. A
recommendation from the City and Library to not rent the Sullivan Center during library
hours until Building opens (anticipated May 2020) is still under consideration.
2019 Annual Awards
2019 Department Employee of the Year Award Recipients
Wynetta Bivens, Community Development
Captain Patrick O'Brien, Fire Department
Hodo Hussein, Internal Services
Andy You n, Mayor's Office
Amy Bell, Municipal Court
Shannon Kaopua, Parks & Recreation
Officer Matthew Valdez, Police Department
Joshua Allen and Han Kirkland, Public Works
2019 Citywide Award Recipients
The Mayor's Award: Rachel Bianchi, Administrative Services
The Big Idea Award - The Sheldon Project: Joseph Todd, Marcus Chinn, Mike Marcum and Trish
Kinlow
The Leadership Award: Trish Kinlow, Municipal Court and Cheryl Thompson, Mayor's Office
Spirit Award: Sergeant Zachary Anderson, Police Department
Pride in Service Award, Matthew Czuleger, Fire Department and Barbara Saxton, City Clerk's
Office
The Teamwork in Action Award -Neighborhood Traffic Calming Program: Mark Allen, David
DeGroot, Tim Kirkland, Scott Mitchell, Scott Bates, Cyndy Knighton, Bill Devlin, Eric Hines
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
09
City Administrator's Report
February 26, 2020
Page 5
Boards, Commissions and Committees
• Arts Commission: No vacancies.
The next meeting is scheduled for February 26, 2020.
• Civil Service Commission: No vacancies.
The next meeting is scheduled for March 9, 2020.
• COPCAB: Vacant Position: Student Representative.
The next meeting is scheduled for March 12, 2020.
• Equity & Social Justice Commission: Vacant Positions: #2 Education Representative and
Student Representative.
The next meeting is scheduled for March 5, 2020.
• Human Services Advisory Board: No vacancies.
The next meeting is scheduled for April 23, 2020.
• Library Advisory Board: Vacant Position: Student Representative.
At the February 4 meeting they discussed their 2020 workplan, meeting schedule, and
parking concerns.
The next meeting is scheduled for April 14, 2020.
• Lodging Tax Advisory Committee: No vacancies.
The Lodging Tax Advisory Committee met and recommended forwarding a funding request
from Virtual Sports to City Council for approval. Staff also presented a plan for the creation of
a digital marketing program for the City.
The next meeting is scheduled for March 13, 2020.
• Park Commission: Vacant Positions: Position #2 Community Representative and Student
Representative.
On February 19 the Commission reviewed the Parks, Recreation and Open Space (PROS)
Plan.
The next meeting is scheduled for March 11, 2020.
• Planning Commission: No vacancies.
The next meeting is scheduled for February 27, 2020.
• Public Safety Bond Financial Oversight Committee: Vacant Positions: #2, Resident - vacant
effective April 1, 2020.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
309
310
TUKWILA PUBLIC SAFETY PROJECTS
Fire Station 51
SOJ
Construction Management Monthly Report
February 2020
Report Reviewed bv: Justine Kim
Owner's Representative: Shiels Obletz Johnsen (SOJ)
Architect: Weinstein A+ U
GCCM: Lydig
Construction Progress:
• Brick veneer masonry complete.
• Grading for curbs and hardscapes currently ongoing.
• Flashing being completed on the south side of building.
• App Bay Nederman steel is arriving onsite.
• Painting of the upper structural steel in the App Bay is complete prior to window installation.
• Windows are being installed starting on the west side of the App Bay.
Upcoming Activities:
• High strength concrete driveway pours to start.
• Pervious concrete work to start in March.
• Security Fencing work to start in March.
Budget Status:
• See overall TPSP budget summary updated monthly and included in monthly report package.
Change Order Status:
• Change Order#1 issued in October.
o $153,903
• Change Order #2 issued in November.
o $73,707
• Change Order #3 issued in November.
o $133,452
• Change Order #4 issued in December.
o $19,073
• Change Order #5 issued in January.
o $34,756.77
• No Change Order issued in February.
Tukwila Public Safety Plan - Fire Station 51- Monthly Report
1
311
Schedule Status:
• See TPSP master project schedule updated monthly and included in monthly report package.
Critical Issues:
None.
Underground Utility Installation Progress
Tukwila Public Safety Plan - Fire Station 51- Monthly Report
312
raw-
--.
OR:e; k
314
TUKWILA PUBLIC SAFETY PROJECTS
Fire Station 52
SOJ
Construction Management Monthly Report
February 2020
Rewrt Reviewed bv: Justine Kim
Owners Representative: Shiels Obletz Johnsen (SOJ)
Architect: Weinstein A+ U
GCCM: Lydig
Construction Progress:
• Level 1 South Slab on Grade complete.
• Mechanical, Electrical and Plumbing rough -in starting.
• Vapor barrier installation underway.
• Exterior walls and framing work started.
• Watermain connection complete.
Upcoming Activities:
• Level 1 North Slab on Grade scheduled in March.
• Masonry arriving onsite March/April.
• Roof curbs to be installed early March.
• Exterior weather barrier to start in March.
Budget Status:
• See overall TPSP budget summary updated monthly and included in monthly report package.
Change Order Status:
• Change Order#1 issued in October.
o $64,214
• Change Order#2 issued in November.
o $57,172
• Change Order #3 issued in December.
o $67,062
• Change Order#4 issued in January.
o $30,583
Schedule Status:
• See TPSP master project schedule updated monthly and included in monthly report package.
Critical Issues:
• None.
Tukwila Public Safety Plan - Fire Station 52 - Monthly Report
1
315
Structural Progress
Framing Progress South Side
SIINRFIT RFNTRIIt_
Underground Sewer Install
Tukwila Public Safety Plan -Fire Station 52- Monthly Report
2
316
Tukwila Public Safety Plan - Fire Station 52 - Monthly Report
7
317
318
TUKWILA PUBLIC SAFETY PROJECTS
Justice Center
SOJ
Construction Management Monthly Report
February 2020
Report Prepared by: Ethan Bernau
ReiDort Reviewed bv: Justine Kim
Owner's Representative: Shiels Obletz Johnsen (SOJ)
Architect: DLR Group
GCCM: BNBuilders
Construction Progress:
• Completed underground electrical ductbank installation.
• Continued interior framing andsheetrock/drywall.
• Continued window glazing.
• Continued doorframe installation.
• Continued exterior metal panel installation (finish panels).
• Continued site utility connections in ROW for fire and domestic water service, gas service,
communications service.
• Continued exterior curbs and sidewalk installation.
• Started concrete floor polishing.
• Started interior ceiling grid.
• Started interior painting.
Upcoming Activities:
• SCL to set transformer and energize permanent power.
Budget Status:
• See overall TPSP budget summary updated monthly and included in monthly report package.
Change Order Status:
• Change Order #5 for $46,848 issued in January.
Schedule Status:
• See TPSP master project schedule updated monthly and included in monthly report package.
Critical Issues:
• None at this time.
Tukwila Public Safety Plan -Justice Center - Monthly Report
1
319
Exterior Perforated Panels, Area B
Police Briefing Room, 1st Floor, Area A
Tukwila Public Safety Plan - Justice Center - Monthly Report
320
2
Exercise Room, 2nd Floor, Area A
H u b (Break Room), Area B
Tukwila Public Safety Plan - Justice Center - Monthly Report
321
Courtroom, Area C
Sidewalk at North Parking Lot
Tukwila Public Safety Plan - Justice Center- Monthly Report
322
City of Tukwila
Lydig Construction, Inc Fire Station #51 GC Contract Value $ 9,587,314.00
Updated 2.24.20 Award Amount: $ 2,219,102.00
WMBE Participation
Scopes of Work that you Intend to
Award to WMBEs
Sub/Supplier Name
Certification
Approximate
Subcontract $
Amount
City of
Seattle Self-
Certification
OMWBE State
Certification
OMWBE
Federal
Certification
SCS
Roofing
Axiom Division 7
SCS
$ 217,945
Site Concrete
Caliber Concrete Const
WBE
$ 394,500
Masoonry
Cascade Construction
SCS
$ 310,097
Fencing
Secure -A -Site
WBE
$ 299,000
Steel Erection
CHG Building Systems
SCS
$ 168,922
Overhead Doors
Crawford Door Company
SB, VOSB
$ 102,261
Fire Protection
Emerald Fire LLC
WBE
$ 49,750
Bituminous Waterproofing
Inland Waterproofing
WBE
$ 10,850
Striping
Stanley Patrick Striping
SCS
$ 4,834
Plumbing
Adept Mechanical
MBE
MBE / DBE
SCS
$ 659,596
Concrete Sawing
Salinas Sawing & Sealing
MBE
$ 1,347
Trucking
SilverStreak Inc
WBE
T/M
Site Services
Construction Site Services
MBE
WBE
T/M
Office Supplies
Keeney Office Supply
WBE
T/M
Total Amount Intended to be Performed by DBE to Date:
$ 2,219,102
Percentage of Contract Amount:
23%
Scopes where the sub/supplier is not
yet determined or committed
When do you anticipate making a selection?
Do you
anticipate
using a SCS
Is this a
Spread the
Work SCS
Can only aApproximate
Sole Source
do the
work?
Subcontract $
Amount
$
$
$
$
Total Amount Not Yet Committed to a Sub/Supplier:
$
Paget/3 323
W
N
Apprentice Utilization Plan - Updated 2.24.2020
List the prime and all subcontractors scheduled to work on this project, and indicate the estimated number of hours to be performed by journey level and
apprentice workers for each. Apprentice utilization must equal or exceed 15% of the total labor hours.
Estimated information
Prime Contractor and all Subcontractors
Journey
Labor Hours
1,361
313
183
236
1,736
49
136
2,748
2,144
83
23
2,768
70
Apprentice
Labor Hours
Total Labor
Hours for
Project
Apprentice
percentage
Number of
Apprentices
Axiom Division 7
0
154
0
19
1,025
0
0
130
1,057
0
0
0
1 40
1,361
0.00%
0
Emerald Fire
467
32.98%
2
ESM Consulting Engineers
183
0.00%
0
0
Facade Tech
255
7.35%
GK Knutson
2,761
37.13%
6
Inland Waterproofing
49
0.00%
0
0
5
LaRusso Concrete
136
0.00%
Lydig Construction
2,878
4.52%
Mckinstry
3,201
33.02%
3
0
0
0
3
Miles Sand & Gravel
83
0.00%
Ralph's Concrete Pumping
23
0.00%
SCllnfrastucture
2,768
0.00%
West Wind Reinforcing
110
36.36%
0
0
TOTALS: 11,849 2,425 F 14,274 16.99% 19
Apprenticeship Utilization Requirement: 15%
FS 51
Page 3/3
City of Tukwila
Lydig Construction, Inc Fire Station #52 GC Contract Value $ 16,029,260.00
Updated 2.24.20 Award Amount: $ 4,058,090.00
WMBE Participation
Scopes of Work that you Intend to
p
Award to WMBEs
Sub/Supplier Name
Certification
Approximate
Subcontract $
Amount
City of
Seattle Self-
Certification
OMWBE State
Certification
OMWBE
Federal
Certification
SCS
Structural Steel Erection
Corona Steel
MBE
$ 217,892
Damp & Waterproofing
Inland Waterproofing
WBE
$ 29,850
Masonry
R&D Masonry
VOB
$ 442,970
Fencing
Secure -A -Site
WBE
$ 194,150
Roofing
Axiom Division 7
SCS
$ 267,309
Metal Siding
Axiom
SCS
$ 337,919
Earthwork
Pellco
SCS
$ 2,226,000
Structural Steel Supply
B&B Fabricators
WBE
$ 342,000
'"`Note: Not all contracts are bought out yet, and Mini-MACC does not include all scopes.
Total Amount Intended to be Performed by DBE to Date:
$ 4,058,090
Percentage of Contract Amount:
Y5%
Scopes where the sub/supplier is not
yet determined or committed
When do you anticipate making a selection?
Do you
anticipate
using a SCS
Is this a
Spread the
Work SCS
Can only aApproximate
Sole Source
do the
work?
Subcontract $
Amount
$
$
$
$
Total Amount Not Yet Committed to a Sub/Supplier:
$
Page 2/3 325
W
N
O')
Apprentice Utilization Plan - Updated 212412020
List the prime and all subcontractors scheduled to work on this project, and indicate the estimated number of hours to be performed by journey level and
apprentice workers for each. Apprentice utilization must equal or exceed 15% of the total labor hours.
Estimated information
Prime Contractor and all Subcontractors
Journey
Labor Hours
Apprentice
Labor Hours
Total Labor
Hours for
Project
48
Apprentice
percentage
Number of
Apprentices
Conco
48
190
1,390
10
92
58
483
3,931
16
379
4,080
114
9
45
0
0
0
0
0
0
0
1,864
0
206
466
0
0
1 0
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0.00%
0
ESM Consulting Engineers
190
0
Grady Excavating
1,390
0
Ground Up Road Construction
10
92
0
Inland Waterproofing Services
0
Innovative Vacuum Services
58
483
5,795
0
Kulchin Foundation Drilling Co
0
Lydig Construction
0.00%
4
Miles Sand & Gravel
16
585
0.00%
0
Morse Steel Reinforcing
0.00%
10.25%
0.00%
7
Pellco
4,546
2
Ralph's Concrete Pumping
114
0
RL Clearing
9
0.00%
0.00%
0
Sky High Tree Removal
1 45
1 0
TOTALS: 10,844 2,536 13,380 18.95% 13
Apprenticeship Utilization Requirement: 15%
FS 52
Page 3/3
City of Tukwila
BNB - Justice Center GC Contract Value $ 29,098,053.00
812012019 Award Amount:Fs 4,645,946
WMBE Participation
Scopes of Work that you Intend to
p Award to WMBEs
Sub/Supplier Name
Certification
Approximate
Subcontract $
Amount
Cityof
Seattle Self-
Certification
OMWBE State
Certification
OMWBE
Federal
Certification
SCS
Supplier of Hardware, Doors and Frames
Contract Hardware Inc.
SBE
$ 310,362
Site Concrete
Caliber Concrete
WBE
$ 520,550
Signage
Sign Wizards
SDBE/WSB
E
$ 36,236
Supplier
SnapTex
SBE/WBE/
MBE
$ 33,875
Shelving
Workpointe
SBE
$ 454,003
Plumbing
Redline Mechanical
X
$ 809,002
Controls
C&C Solutions
VOSBE
$ 235,700
Marble Supply
Skyline Marble
WBE
$ 88,000
Rubber Base Install
Zombie Base
WSBE
$ 4,758
Roofing Systems
Axiom
#1027
$ 583,020
Painting and Coatings
Halili
WBE
$ 219,450
Fire Protection
Columbia Fire
#1599
$ 287,890
Iri ation and Landscaping
RE Sides Landscaping
#1054 1
$ 1,020,000
Temp Sanitation (NSS)
Construction Site Services
$ 22,000
Waterproofing
Inland Waterproofing
WBE
$ 21,100
Outreach Coordinator
Darling Nava Consultinq
M4F0026198
In Progress Participation:
$ 4,645,94s
Percentage of Award Amount:
16%
Scopes where the sub/supplier is not
yet determined or committed
When do you anticipate making a
selection?
Do you anticipate
using a SCS
Is this a
Spread the
Work SCS
Can only a
Sole Source
do the
work?
Approximate
Subcontract $
Amount
$ -
$ -
Total Amount Not Yet Committed to a Sub/Supplier:
$ -
Page 2/3 327
W
IV
Do
Justice Center
Apprentice Utilization Plan
List the prime and all subcontractors scheduled to work on this project, and indicate the estimated number of hours to be performed by journey level and
apprentice workers for each. Apprentice utilization must equal or exceed 15% of the total labor hours.
Estimated information
Prime Contractor and all Subcontractors
This Month
,tourney Labor
Hours
This Month
Apprentice
Labor Hours
Total Labor
Hours for
Project
Total
Apprentice
Percentage
Number of
Apprentices
BNBuilders
1,105
296
19,730
21.53%
3
Apex Steel
1
1
9,985
11.26%
Ascendent, LLC
8,262
2.51 %
Axiom Division 7
0
0
831
0.00%
Caliber Concrete
2,239
20.34%
General Storefronts
424
327
1,038
44.22%
3
Gonsalves & Santucci DBA Conco
0
01
2,573
8.67%
Harris Rebar (Central Steel)
0
0
6,343
6.02%
Iliad, Inc
764
0
14,796
1.06%
0
Inland Waterproofing
206
0.00%
Johansen Mechanical
2,077
793
4,634
27.28%
8
Lakeside Industries
1,180
5.21%
Northshore Exteriors
701
778
4,775
40.11 %
9
Northwest Partitions
1,290
197
6,550
15.85%
5
Performance Contracting
155
5.16%
Rhine
2,090
11.10%
Valley Electric
712
632
3,054
20.70%
6
Columbia Fire
0
0.00%
Johansen Mechanicla (Redline Mech)
687
687
0.00%
NW Complete Contracting
659
0
659
0.00%
0
Northshore Exteriors (Pape)
7
0
7
0.000
0
Northwest Partitions (InsulPro)
544
187
731
25.58%
3
0
0.00%
TOTALS: 8,970 3,210 90,5211 37
'newly added this month Apprenticeship Utilization Requirement. 10%
Page 3/3
City of Tukwila - Facilities Plan
TOTAL PROJECT
COUNCIL REPORTINGSWIMARY-
A/E Services (both Design & CA)
$ 3,278,125
$ 171,875
$ 3,450,000
$ 3,210,300
Permits/Fees
$ 700,000
$ 150,000
$ 850,000
$ 8111262
Construction (Pre -Con, Const & Tax)
$ 38,739,678
$ 309,970
$ 39,048,648
$ 38,359,445
Construction Related Costs (incl Bond)
$ 2,112,639
$ 254,773
$ 2,367,412
$ 2,138,340
PM Services (incl Other Professional Svcs)
$ 1,815,875
$ 216,721
$ 2,032,596
$ 1,988,766
Contingency (incl Construction & Project)
$ 6,507,731
$ (3,158,257)
$ 3,349,474
$ -
Contingency for Site Contamination (soils,hazmat)
$ -
$ 550,000
$ 550,000
$ 684,518
Land Acquisition
$ 14,133,295
$ (416,714)
$ 13,716,581
$ 13,716,462
Contin enc for Land Acquisition
$ I,250,000
$ 250,0001,491,500
TOTAL
$ 68,536,343
$ 1,671,632)
$ 66,864,711
$ 62,400,593
COUNCIL REPORTEVG,VUJM,1Rl'-
A/E Services (both Design & CA)
$ 1,070,000
$ 295,956
..............
$ 1,365,956
....... .......
$ 1,324,985
Land Acquisition
$ -
$ -
$ -
$ -
Permits/Fees
$ 234,000
$ 100,000
$ 334,000
$ 154,185
Construction (Pre -Con, Const & Tax)
$ 9,396,000
$ 1,771,427
$ 11,167,426
$ 11,167,426
Construction Related Costs (incl Bond)
$ 931,000
$ (190,837)
$ 740,163
$ 318,833
PM Services (incl Other Professional Svcs)
$ 526,000
$ (133,000)
$ 393,000
$ 363,412
Contingency (incl Construction & Project)
$ 1,116,000
1 $ (431,913)
$ 684,097
$
TOTAL
$ 13,273,000
1 $ 1,411,631
S 14,684,632
$ 13,328,842
MONTHLY Budget Report
(REVISED Budgets; D-20 Plan Adopted by Council)
Life to Date Costs
as ojFebruary 24,, 2010 (reconciled w/aceig Ihru Feb 12, 2020 GL)
COUNCIL REPORTING SUALWARY -
A/E Services (both Design & CA)
$ 1,415,000
$ 355,172
$ 1,770,172
$ 1,679,567
$ 1,407,314
S 272,253
$ 90,605
$ -
Land Acquisition
$ 16,000
$ 9, 160
$ 25,160
$ 17,157
$ 17,157
$ -
$ 8,003
$ -
Permits/Fees
$ 353,000
$ S0,000
$ 403,000
$ 359,339
$ 299,162
$ 60,177
$ 43,661
$ -
Construction (Pre -Con, Const & Tax)
$ 13,298,000
$ 4,663,278
$ 17,961,278
$ 17,961,278
$ 5,794,900
$ 12,166,377
$ 0
$ -
Construction Related Costs (incl Bond)
$ 1,398,000
$ (82,660)
$ 1,315,340
$ 723,747
$ 202,944
S 520,803
$ 591,593
$ -
PM Services (incl Other Professional Svcs)
$ 787,000
$ (50,000)
$ 737,000
$ 553,315
$ 342,861
$ 210,454
$ 183,685
$
Contingency (incl Construction & Pro ect)
$ 1,343,000
$ 195,050
$ 1.538,050
$
S
$
$ 1,538,050
$
TOTAL
$ 18,610,000
$ 5,140,000
S 23,750,000
$ 2la94,402
$ 8,064,338
IS 13,230,064
S 2,455,598
$
A/E Services (both Design & CA)
$ 150,000
$ (15,505)
$ 134,495
$ 134,495
$ 132,995
$ 1,5007$:.1,2,1
$ -
Land Acquisition
S 902,668
$ 31,206
$ 933,874
$ 933,875
$ 933,775
$ 100
$ -
Permits/Fees
$ 20,000
$ (12,827)
$ 7,173
$ 4,100
$ 4,100
$ -
$ -
Construction (Pre -Con, Const & Tax)
$ 230,000
$ (123,300)
$ 106,700
$ 106,700
S 67,856
S 38,844$
-
Construction Related Costs (incl Bond)
$ 50,000
$ (2,698)
$ 47,302
$ 42,302
$ 29,145
$ 13, 157
$ -
PM Services (incl Other Professional Svcs)
$ 107,500
$ (835)
$ 106,665
$ 106,665
S 86,066
$ 20,599$
Contingency (incl Construction & Project)
$ 41,832
$ 113,259
S I65,791
$
$
$
TOTAL
S 1502000
S -
$ 1,502,000
$ 1,328,137
$ 1,253,936
$ 74,201
$ t73
S
,A)
$ 767,385
$ 15,000
$ 782,385
$ 335,382
$ 293,363
$ 42,019
S 447,003
S -
$ 22,000,046
$ 3.374,913
$ 25,374,959
$ 25,373,239
$ 25,371,146
$ 2,093
$ 1,720
$ -
$ 110,000
$ (20,000)
$ 90,000
$ 123
$ 123
$ -
$ 89,877
$ -
& Tax)
$ 4,950,000
$ (1,895,000)
$ 3,055,000
$ -
$ -
S -
S 3,055,000
$ -
iclBond)
$ 529,036
$ (404,793)
$ 124,243
$ 81,598
$ 66,431
$ 15,168
$ 42,645
$ -
isional Svcs)
$ 668,426
$ (348,426)
$ 320,000
$ 280,545
S 177,282
$ 103,263
$ 39,455
$ -
i & Project)
$ 975,107
$ (721,694)
$ 253,413
$
$
$
S 253,413
$
S 30,000,000
$
1 30,000,000
$ 26,070,887
S 25,908,345
S 162,543
$ 3,929,113
S
W
W
O
STATIONFIRE
A/E PROCUREMENT
PROGRAMMING
DESIGN/PERMITTING
BIDDING/CONSTRUCTION
MOVE-IN/OCCUPANCY
A/E PROCUREMENT
PROGRAMMING
DESIGN/PERMITTING
BIDDING/CONSTRUCTION
MOVE-IN/OCCUPANCY
A/E PROCUREMENT
PROGRAMMING
DESIGN/PERMITTING
BIDDING/CONSTRUCTION
MOVE-IN/OCCUPANCY
A/E PROCUREMENT
MASTER SITE PLAN
DESIGN PHASE 1
BIDDING/CONSTRUCTION PHASE 1
MOVE-IN/OCCUPANCY PHASE 1
2016
2017
2018
2019
2020
LuffluHululluuml
I�I
PROJECT
A/E PROCUREMENT M
PROGRAMMING
DESIGN/PERMITTING
BIDDING/CONSTRUCTION
MOVE-IN/OCCUPANCY
UPCOMING MEETINGS AND EVENTS
MARCH 2O20
MAR 2 MONDAY
MAR 3 TUESDAY
MAR 4 WEDNESDAY
MAR 5 THURSDAY
MAR 6 FRIDAY
MAR 7 SATURDAY
➢ Transportation &
➢ 6ibrag Advisory
TRANSPORTATION
➢ Equity & Social
FREE TAX
Infrastructure
Committee
Beard
Cancelled
DROP -IN
.. # Q .
Justice Commission
5:15 PM
PREPARATION
5:30 PM
Foster Conference
Talk to representatives from
Hazelnut Conference
Room
am
King County Metro's ORCA
Room
r T R v
C TAX
To -Go, King County Public
If you make less than $66,000,
PREPARATION
Health's Access and
FREE COMMUNITY
POLICE ACADEMY
United Way will help you
➢ Planning &Economic
_ _
Outreach, South King County
Application due
prepare and file your taxes for
Development
WE
Transportation Options and
today.
FREE. No appointment is
Committee
p�
Hopelink to learn about riding
This is an 8-week
required. If you do not need in-
5:30 PM
If you make less than
the light rail, bus or bicycle,
opportunity for people
person tax help, simply visit
Hazelnut Conference
$66'000, United Way will
shuttles, or to get an ORCA
who work or live in
MyFreeTaxes.com where you
Room
help you prepare and file
card
can quickly and easily file your
your taxes for FREE. No
Tukwila to learn about
taxes online for free.
appointment is required. If
1:30 PM — 3:30 PM
the Tukwila Police
��ff
you do not need in -person
Department and what
10 AM- 2 PM
C
tax help, simply visit
Tukwila Library
officers have to know
Saturdays
MyFreeTaxes.comwhsre
14380 Tukwila Intl Blvd
to do theirjob and also
Riverton Park United
you can quickly and easily
hear about whatofficers
Methodist Church
New Employee Meet and
file your taxes online for
see and
3118 S 140'h St
Greet in the Lobby
free.
experience here i
n our
6:30 PM
City.
For information on what to
➢ City Council
5 PM - 8 PM
Tuesdays & Thursdays
Y y
March 11 —April 29
bring and other locations, visit
uwkc.org/need-help/tax-
Regular Meeting
Riverton Park United
Wednesdays
6 PM— 7:30 PM
help/.
7:00 PM
Methodist Church
Flyers are also available in
Council Chambers
3118 S 140 m St
For more information,
other languages.
visit
For information on what
tukwilawa.gov/depart
to bring and other
ments/police/crime-
locations, visit
prevention
ON
uwkc.org/need-help/tax-
or contact Sergeant
help/.
Anderson at
Deadline for comments
Flyers are also available in
206-433-7187.
on the Parks, Recreation
other languages.
and Open Space Plan.
More information below.
MAR 9 MONDAY
MAR 10 TUESDAY
MAR 11 WEDNESDAY
MAR 12 THURSDAY
MAR 13 FRIDAY
MAR 14 SATURDAY
➢ Civil Service
➢ Tukwila
➢ Park Commission
➢ Community
Commission
International
5:30 PM
Oriented Policing
K C1�t1ty
5:00 PM
Boulevard Action
Community Center
Citizens Advisory
School -to -Work Transition
Human Resources
Committee
Board
Resource Fair
Conference Room
7:00 PM
6:30 PM
For students with
Valley View Sewer
District
King County
Duwamish
Conference Room
developmental disabilities,
➢ ServiGes
their families, caregivers,
Safety- Committee
3460 S 148th
Hiring Fair
teachers, agencies and
Cancelled
A partnership between the
employers. Meet
following King County
representatives from 40+
➢ FIA-RG- COmMitt-P
programs/initiatives: King
organizations, Developmental
Cancelled
County Veterans, King
Disabilities Administration,
County Jobs Initiative, Career
Division of Vocational
Connections, and
Rehabilitation and King County
➢ city counisil
Communities of Opportunity.
School -to -Work.
CommitteeofFeaturing
16 local employers
9:00 AM — 3:30 AM
WholeMeetinghiring
nowforjob openings in
Cancelled
Seattle and South King
Highline College
County. Some employers will
Student Union Building
also conduct onsite interviews
2400 S 240' St
at the event!
Des Moines
9:00 AM — 11:30 AM
Pre -register at
bit.ly/highlinereg.
645 Andover Park W
Plenty of free parking.
Interpreter services and
materials in alternate formats
For more information, visit
are available. Submit your
www.eventbrite.com/e/
request while registering for
south -king -county -hiring-
the fair. For more information,
fair-tickets-89630008769
contact Rob Van Oss with
Language interpreters
Wise at
available upon request. Email
206-501-9977 or
dan.bernard@kingcounty.gov
rob@gow!se.org.
Parks, Recreation and Open Space (PROS) Plan — Comments accepted through March 2
City of Tukwila has been collaborating with the community to develop an updated plan for the city's parks, recreation, and open space system (the
PROS Plan). The plan establishes a vision for investments, and ongoing maintenance and management of this system for the next six -plus years. The
draft PROS Plan is available for review. The City will use your comments for consideration in refining the final plan. You can download materials and
provide comments online by visiting the following link: www.tukwilawa.gov/departments/parksand-recreation/pros
ii&w Ca City of Opportunity Schofarshtp AppCication due March 31
The Tukwila Scholarship Program was established in 2014. The mission of the scholarship is to provide financial assistance to individuals enrolled for
undergraduate study in community colleges, colleges, trade schools and universities. This program principally targets two and four year academic programs,
_ however, certificate/licensing programs are also eligible. Awards will range from $1,000 to $5,000 as determined by the City of Tukwila Selection Committee.
Must be a resident of Tukwila and be equivalent to a senior in high school.
For more information and criteria, visit records.tukwilawa.gov/WebLink/l/edoc/328044Ipagel.aspx.
➢ Arts Commission: 4th Wed., 6:00 PM, Tukwila Community Center. Contact Tracy Gallaway at 206-767-2305.
➢ Civil Service Commission: 2nd Mon., 5:00 PM, Human Resources Conference Room. Contact Michelle Godyn at 206-431-2187.
➢ COPCAB (Community Oriented Policing Citizens Advisory Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Sergeant Anderson at 206-433-7187.
➢ Community Services and Safety Committee: 2nd & 4th Mon., 5:30 PM, 6300 Building Suite 100 - Foster Conference Room. Contact Laurel Humphrey at 206433-8993.
➢ Equity and Social Justice Commission: 1st Thurs., 5:15 PM, Hazelnut Conference Room. Contact Niesha Fort -Brooks at 206454-7564.
➢ Finance Committee: 2nd & 4th Mon., 5:30 PM, City Hall — Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993.
➢ Library Advisory Board: 1 st Tues., 5:30 PM, Community Center. Contact Stephanie Gardner at 206-767-2342.
➢ Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206-767-2332.
➢ Planning and Economic Development Committee: 1 st & 3rd Mon., 5:30 PM, City Hall — Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993.
(1A) Lodging Tax 6-Year Financial Model. (1 B) Application for lodging tax funds for Virtual Sports in the amount of $30,000. (IC) Resolution relating to Senate House
Bill 1406 and sales tax revenue program for affordable housing. (2D) Interim zoning changes to support Tukwila International Boulevard Plan. (1E) Review of the draft
Parks, Recreation and Open Space (PROS) Plan.
➢ Planning Commission / Board of Architectural Review: 4th Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670.
➢ Transportation and Infrastructure Committee: 1st & 3rd Mon., 5:30 PM, 6300 Building Suite 100 - Foster Conference Room. Contact Laurel Humphrey at 206-433-8993.
(2A) Project Update and 30% Design Review for Public Works Fleet & Facilities Building. (2B) Amendment #5 for Additional Design of Riverton Creek Flapgate Removal
Project. (2C) Design Consultant Selection and Agreement for 2020 Annual Small Drainage Program. (2D) 2019 Year -End Report on Neighborhood Traffic Calming Program.
(2E) Grant Applications for Walker and Bicyclist Safety Enhancement Projects. (3F) 2020 Transportation & Infrastructure Committee Work Plan. (3G) Topics for City Council 3 31
Town Hall.
Tentative Agenda Schedule
MONTH
MEETING 1 —
MEETING 2 —
MEETING 3 —
MEETING 4 —
REGULAR
C.O.W.
REGULAR
C.O.W.
March
2
9
16
23
See agenda packet
Special Presentation
Special Presentations
cover sheet for this
Committee of the Whole
Artist in Residency Program
Update on the Public Safety
week's agenda:
Meeting to be
Year in Review.
Plan Disadvantaged Business
cancelled due to
Enterprise (DBE)
March 2, 2020
lack of quorum.
Consent Agenda
Apprenticeship and Local Hire.
Regular Meeting
Authorize the Mayor to sign
to be followed by a
Amendment #5 with OTAK
Special Issues
Special Meeting.
forthe Riverton Creek
- An ordinance on the draft
Flapgate Removal Project in
Parks, Recreation and Open
the amount of $98,112.
Space (PROS) Plan.
Authorize the Mayor to sign
A resolution related to House
an agreement for the 2020
Bill 1406 and a sales tax
Annual Small Drainage
revenue program for
Program design consultant in
affordable housing.
the amount of $92,472.
2019 Police Annual Report.
Update on Public Works
Unfinished Business
Fleet & Facilities Building
Authorize the Mayor to sign a
Project and 30 % Design
contract for City Attorney
Review.
services.
C.O.W. Meeting
to be followed by a
Special Meeting.
MEETING 1 —
MEETING 2 —
MEETING 3 —
MEETING 4 —
MONTH
REGULAR
C.O.W.
REGULAR
C.O.W.
April
6
13
20
27
Unfinished Business
Unfinished Business
A resolution related to
An update on the City's Permit
House Bill 1406 and a
Process.
sales tax revenue program
for affordable housing.
An ordinance adopting a
new Parks, Recreation and
Open Space (PROS) Plan.
332