HomeMy WebLinkAboutPCD 2026-05-11 Item 1B - Resolution - Public Benefit Rating System Open Space Classification for 4447 S 148th St PropertyCity of Tukwila
Thomas McLeod, Mayor
Marty Wine, City Administrator
AGENDA BILL
ITEM NO.
1.B.
Agenda Item
Sponsor
Public Benefit Rating System Resolution
Nora Gierloff, DCD Director
Legislative History May 11, 2026 Planning & Community Development Committee
May 18, 2026 Regular Meeting
Recommended Motion ❑ Discussion Only ❑x Action Requested
MOVE TO approve the Public Benefit Rating System open space
classification of the property at 4447 S 148th Street subject to the
conditions enumerated in the staff report, attached as Exhibit A to the
resolution, and authorize filing of the approval with the King County
Council.
EXECUTIVE SUMMARY
A Tukwila property owner is seeking Council approval to preserve his property under the King County
Public Benefit Rating System (PBRS). Staff is requesting this item be forwarded to the May 18, 2026
Regular Meeting for a Public Hearing.
DISCUSSION
Peter Schilling is the owner of a property located at 4447 S 148th Street and has applied to have that
property classified under King County's PBRS. If approved by the City and the County the property
would be assessed to reflect current use of the property, rather than "highest and best use" thereby
reducing the appraised land value for the portion of the property enrolled. This tax reduction is an
incentive for property owners to retain, rather than develop, tracts of environmentally valuable open
space. Failure to comply with the PBRS requirements can result in removal from the program and
penalty, tax, and interest payments.
Heidi Watters, Tukwila's Urban Environmentalist, has inspected the property with her County
counterpart and they have concluded that preservation of 1.21 acres of forested land from development
will provide habitat, watershed, and open space benefits to the City. If approved Mr. Schilling would be
required to implement a plan to remove and control invasive plant species as well as maintain and
replace the current tree canopy.
FINANCIAL IMPACT
Much like the Multifamily Tax Exemption (MFTE) Program the PBRS program would not reduce the
City's overall tax revenues.
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MAP OF LOCATION
Location of Subject Property
ATTACHMENTS
• Resolution with Exhibit A — KC DNRP Staff Report
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, APPROVING THE PUBLIC
BENEFIT RATING SYSTEM OPEN SPACE
CLASSIFICATION OF THE SCHILLING PROPERTY
LOCATED AT 4447 S 148TH STREET.
WHEREAS, Peter Schilling is the owner of a property located in the City of Tukwila
and has applied to have that property classified under King County's Public Benefit Rating
System (PBRS); and
WHEREAS, Mr. Schilling's property is located at 4447 S 148th Street, parcel
numbers 004200-0048 and 004200-0052; and
WHEREAS, the public benefit rating system is administered in accordance with
Revised Code of Washington Chapter 84.34.037, WAC 458-30, and King County Code
Chapter 20.36 providing for assessment practices to reflect current use of property, rather
than "highest and best use", as an incentive for property owners to retain tracts of open
space; and
WHEREAS, RCW 84.34.037(1) states an application for PBRS shall be acted upon
after separate public hearings and affirmative acts by both the county and city legislative
bodies affirming the entirety of an application without modification, or both bodies affirm
an application with identical modifications; and
WHEREAS, on May 18, 2026 the Tukwila City Council held a properly noticed public
hearing to consider the application; and
WHEREAS, the City Council considered the King County and City staff
recommendations and public testimony; and
WHEREAS, the Council finds that preservation of 1.21 acres of forested land from
development will provide habitat, watershed, and open space benefits to the City; and
WHEREAS, the King County Council Hearing Examiner will hold a related public
hearing on May 28, 2026, to consider the application, with the goal for the County Council
to act on the application in June 2026;
2026 Legislation: Schilling PBRS Application
Version: 04/30/2026
Staff. N. Gierloff Page 1 of 2
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council hereby approves the Public Benefit Rating System open
space classification of the Peter Schilling property at 4447 S 148th Street, parcel numbers
004200-0048 and 004200-0052, subject to the conditions enumerated in the King County
Department of Natural Resources and Parks, Water and Land Resources Division staff
report, attached as Exhibit A, and authorizes filing of the approval with the King County
Council for the county -held public hearing.
Section 2. This resolution has been approved by affirmative act of the City Council
in accordance with RCW 84.34.037(1).
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2026.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, CMC, City Clerk Armen Papyan, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Office of the City Attorney
Exhibit A: King County Department of Natural Resources and Parks, Water and
Land Resources Division Staff Report
2026 Legislation: Schilling PBRS Application
Version: 04/30/2026
Staff. N. Gierloff
Page 2of2
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KING COUNTY
DEPARTMENT OF NATURAL RESOURCES AND PARKS
WATER AND LAND RESOURCES DIVISION
Report to the City of Tukwila for
Property Enrollment in the Public Benefit Rating System (PBRS)
May 18, 2026
APPLICANT: Peter Schilling File No. E25CT026T
A. GENERAL INFORMATION:
1. Owner: Peter Schilling
4447 S 148th Street
Tukwila, WA 98168
2. Property location: 4447 S 148th Street
Tukwila, WA 98168
3. Zoning: CR
4. STR: NE-22-23-04
5. PBRS categories requested by applicant and suggested by staff
Open space resources
*Buffer to public or current use classified land
*Significant wildlife or fish habitat
Surface water quality buffer
*Urban open space
* Watershed protection area
Bonus category
*Resource restoration
NOTE: *Staff recommends credit be awarded for these PBRS categories.
Enrollment in PBRS for property within an incorporated area requires approval
by impacted granting authorities following public hearing(s). For this
application, the granting authorities are the King County Council and the City of
Tukwila. King County will hear this application on May 28, 2026.
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6. Parcel:
Total acreage:
Requested PBRS:
Home site/excluded area:
Recommended PBRS:
004200-0048 004200-0052
1.14 0.29
0.89 0.29
0.22 0.00
0.92 0.29
NOTE: The portion recommended for enrollment in PBRS is the entire property less the
excluded areas as measured. The attached 2023 aerial photo outlines the parcels
in yellow and the areas proposed to be excluded from PBRS in blue. The
portion recommended for enrollment in PBRS (1.21 acres) is the entire property
(1.43 acres) less the excluded areas as measured (0.22 acres). In the event the
Assessor's official parcel size is revised, PBRS acreage should be
administratively adjusted to reflect that change.
B. FACTS:
1. Zoning in the vicinity: Properties in the vicinity are zoned CR.
2. Development of the subject property and resource characteristics of open space area: Parcel
-0048 contains a single-family residence, lawn, shed, and landscaping. Parcel -0052 is
undeveloped. The open space is a mix of coniferous and deciduous forest with mostly
native understory. There are areas of the parcels that are impacted by noxious weeds
(English holly, English laurel, English ivy, Himalayan blackberry, etc.) but their required
control will be addressed in the approved restoration plan.
3. Site use: The property is used as a single-family residence
4. Access: The property is accessed from S 148th Street and 46th Avenue S.
5. Appraised value for 2025 (based on Assessor's information dated 4/14/2026):
Parcel #004200-0048 Land Improvements Total
Appraised value $371,000 $99,000 $470,000
Tax applied $4,076 $1,087 $5,163
Parcel #004200-0052 Land Improvements Total
Appraised value $90,000 $0 $90,000
Tax applied $989 $0 $989
NOTE: Participation in PBRS reduces the appraised land value for the portion of the
property enrolled resulting in a lower taxable value.
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C. REQUIREMENTS SPECIFIED BY KING COUNTY CODE (KCC):
KCC 20.36.010 Purpose and intent.
It is in the best interest of the county to maintain, preserve, conserve and otherwise
continue in existence adequate open space lands for the production of food, fiber and forest
crops, and to assure the use and enjoyment of natural resources and scenic beauty for the
economic and social well-being of the county and its residents.
It is the intent of this chapter to implement chapter 84.34 RCW, as amended, by
establishing procedures, rules and fees for considering applications for public benefit rating
system assessed valuation on open space land and for current use assessment on farm and
agricultural land as those lands are defined in RCW 84.34.020. Chapter 84.34 RCW, and the
regulations adopted thereunder, govern matters not expressly covered in this chapter.
KCC 20.36.100 Public benefit rating system for open space land — definitions and
eligibility.
A. The definitions in this section apply throughout this section, as well as in K.C.C.
20.36.040 and K.C.C. 20.36.190, unless the context clearly requires otherwise.
B. To be eligible for open space classification under the public benefit rating system, a
property shall contain one or more qualifying open space resources and have at least five
points as determined under this section. The department shall review each application and
recommend award of credit for current use of the property. In making the
recommendation, the department shall utilize the point system described in subsections
C. and D. of this section.
C. The following open space resources are each eligible for the points indicated:
1. Active trail linkage — fifteen or twenty-five points
2. Aquifer protection area — five points
3. Buffer to public or current use classified land — three points
4. Ecological enhancement land — eighteen points
5. Equestrian -pedestrian -bicycle trail linkage — thirty-five points
6. Faint and agricultural conservation land — five points
7. Forest stewardship land — five points
8. Historic landmark or archaeological site: buffer to a designated site — three points
9. Historic landmark or archaeological site: designated site — five points
10. Historic landmark or archaeological site: eligible site — three points
11. Public recreation area — five points
12. Rural open space — five points
13. Scenic resource, viewpoint, or view corridor — five points
14. Significant plant or ecological site —five points
15. Significant wildlife or fish habitat — five points
16. Special animal site — three points
17. Surface water quality buffer — five points, eight or ten total points
18. Urban open space — five points
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19. Watershed protection area — five points
D. Property qualifying for an open space category in subsection B. of this section may
receive credit for additional points as follows:
1. Conservation easement or historic preservation easement — eighteen points
2. Contiguous parcels under separate ownership — minimal two points
3. Easement and access — thirty-five points
4. Public access - points dependent on level of access
a. Unlimited public access - five points
b. Limited public access because of resource sensitivity - five points
c. Seasonal limited public access - three points
d. Environmental education access — three points
e. None or members only — zero points
5. Resource restoration — five points
D. 2024 COMPREHENSIVE PLAN POLICIES AND TEXT:
E-102 In addition to its regulatory authority, King County should use incentives to protect
and restore the natural environment. Incentives should be monitored and periodically
reviewed to determine their effectiveness at protecting and restoring natural
resources.
NOTE: Monitoring of participating lands is the responsibility of both department PBRS
staff and the landowner. This issue is addressed in the Resource Information
document (page 4) and detailed below in Recommendation #B 12 and 13.
E-105 The protection of lands where development would pose hazards to health and safety,
property, important ecological functions, or environmental quality shall be achieved
through acquisition, enhancement, incentive programs, and appropriate regulations.
The foll owing critical areas and their buffers are particularly susceptible and shall be
protected in King County:
a. Critical aquifer recharge areas;
b. Fish and wildlife habitat conservation areas;
c. Frequently flooded areas, regulated as flood hazard areas;
d. Geologically hazardous areas; and e. Wetlands.
E-323 King County should promote voluntary wildlife habitat enhancement projects by
private individuals and businesses through educational, active stewardship, and
incentive programs.
E-325 Through a coordinated approach of incentives and acquisitions, King County should
prioritize, enhance, and protect a variety of ecosystems, including urban open space
uplands, riparian areas, floodplains, and aquatic systems with the highest
conservation value and those supporting equitable access to quality open space.
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E25CT026T Schilling.report
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E-329 King County shall protect Species of Local Importance through measures such as
regulations, incentives, capital projects, or purchase, as appropriate.
E-339 King County should seek to support Water Resource Inventory Area salmon recovery
plan goals of maintaining intact natural landscapes through: a. Promoting Current Use
Taxation and other incentives; b. Promoting stewardship programs including
development and implementation of Forest Plans and Faun Plans; and c. Acquiring
property or conservation easements in areas of high ecological importance with
unique or otherwise significant habitat values.
NOTE: The implementation of an approved forest stewardship, farm management or
ecological enhancement plan benefits natural resources, such as wildlife habitat,
stream buffers and groundwater protection, and can address invasive plant and
noxious weed control and removal within enrolled portions of a property.
E-350 King County should provide incentives for landowners who are seeking to remove
invasive plants and noxious weeds, such as providing technical assistance or access to
native or climate -smart plants.
NOTE: Lands participating in PBRS provide valuable resource protection and promote the
preservation or enhancement of native vegetation. Addressing nonnative vegetation
(invasive plant species), through control and eradication is a PBRS requirement.
E-406 King County should identify upland areas of native vegetation that connect wetlands
to upland habitats and that connect upland habitats to each other. The County should
seek protection of these areas through acquisition, stewardship plans, and incentive
programs such as the Public Benefit Rating System and the Transfer of Development
Rights Program.
E-503 King County shall promote retention of forest cover and significant trees using a mix
of regulations, incentives, and technical assistance.
R-206 King County shall prioritize conservation of forest land and forestry throughout the
Rural Area. Landowner property tax incentives, technical assistance, permit
assistance, regulatory actions, and community -based education shall be used
throughout the Rural Area to sustain the forest land base and forestry activities. King
County should ensure that its regulations, permitting processes, and incentive
programs facilitate and encourage active forest management and implementation of
forest stewardship plans.
R-775 King County shall provide incentives, educational programs, and other methods to
encourage agricultural practices and technological improvements that maintain water
quality, protect public health, protect fish and wildlife habitat, protect historic
resources, maintain flood conveyance and storage, reduce greenhouse gas emissions,
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control noxious weeds, prevent erosion of valuable agricultural soils, and increase
soil water holding capacity while maintaining the functions needed for agricultural
production.
E. PBRS CATEGORIES REQUESTED and DEPARTMENT RECOMMENDATIONS:
Open space resources
• Buffer to public or current use classified land
The property is adjacent to a short public trail (Parks and Trails map, attached) along the
east property line of parcel -0052. The trail is used by the public and provides a portion of
a pedestrian throughfare between Foster High School and Thomdyke Elementary School.
The enrolling open space area is providing a buffer of native vegetation of more than 50
feet to this adjacent land, which exceeds the category's requirement. Credit for this
category is recommended.
• Significant wildlife or fish habitat
Although credit for this category was not requested, the property contains habitat for
numerous wildlife species, including foraging and nesting habitat for the pileated
woodpecker, which is identified in King County's Comprehensive Plan as a Species of
Local Importance (E-328(e)). Upon conducting a site visit, program staff deteiuiined
areas of the forest on the property are of sufficient age and diversity to support the
species regular use of the property and staff have made visual observations of pileated
woodpeckers actively utilizing the property (nesting cavities). Award of this category is
consistent with habitat as defined by KCC 20.36.100, section B.15.a (1). Credit for this
category is recommended.
• Surface water quality buffer
In order to be eligible for this category, the enrolling land must be providing a qualifying
buffer of native vegetation to a lake, pond, stream, wetland or shoreline within the
enrolling portion of a property. The property does not contain any aquatic features.
Credit for this category cannot be recommended.
• Urban open space
The property is located within the urban growth boundary and the landowner is enrolling
one or more acres of contiguous native forest. Credit for this category is recommended.
• Watershed protection area
Although credit for this category was not requested, to be eligible for this category, the
enrolling forested area must consist of additional forest cover beyond that required by
county or applicable local government regulation and must be at least one acre or sixty-
five percent of the property acreage, whichever is greater. The enrolling open space
contains 1.21_acres of native forest cover which is more than 65% of the total property
acreage and there are no additional forest retention regulations in place for this property.
Credit for this category is recommended.
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Bonus category
• Resource restoration
The owners are interested in improving the health and diversity of their forest, including
weed and invasive species removal. The owners have provided a resource restoration
plan (Forest Stewardship Plan, attached) that has been approved by PBRS staff. Credit
for this category is recommended. Award of this category may allow restoration activities
to occur in the participating open space area. It is the landowner's responsibility to apply
for and receive the necessary approvals from the applicable state and local governmental
agencies for forestry/restoration activities that require a permit or approval, such as
clearing and grading. It should be noted that this restoration activity must be completed
within a three-year period. Award of this category requires an annual progress report
from the landowner (see below, Section B. 11.), which should be sent to PBRS staff by
either email or other agreed to method
NOTE: It is important to note that enrollment in the PBRS program requires the control and
removal of invasive plant species. This issue is addressed in the Resource
Infoiiiiation document (page 3) and below in Recommendation #B6.
CONCLUSIONS AND RECOMMENDATIONS
A. CONCLUSIONS:
1. Approval of the subject request would be consistent with the specific purpose and intent
of KCC 20.36.010.
2. Approval of the subject request would be consistent with policy E-101 of the King
County Comprehensive Plan.
3. Of the points recommended, the subject request meets the mandatory criteria of KCC
20.36.100 as indicated:
Open space resources
Buffer to public or current use classified land 5
Significant wildlife or fish habitat 5
Surface water quality buffer 0
Urban open space 5
Watershed protection area 5
Bonus category
Resource restoration 5
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TOTAL 25 points
E25CT026T Schilling.report
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PUBLIC BENEFIT RATING
For the purpose of taxation, 25 points result in 20% of market value and an 80% reduction
in taxable value for the portion of land enrolled.
B. RECOMMENDATION:
APPROVE the request for current use taxation "Open space" classification with a Public
Benefit Rating of 25 points, subject to the following requirements:
Requirements for Property Participating in the
Public Benefit Rating System Current Use Assessment Program for Open Space
1. Compliance with these requirements is necessary for property participating ("Property")
in King County's Public Benefit Rating System ("PBRS"), a current use assessment
program for open space. Failure to abide by these requirements can result in removal of
PBRS designation and subject Property owner ("Owner") to penalty, tax, and interest
provisions of RCW 84.34. King County Department of Assessments ("DoA") and King
County Water and Land Resources Division, Agriculture, Forestry, and Incentives Unit,
PBRS Program or its successor ("PBRS Program") may re-evaluate Property to
determine whether removal of PBRS designation is appropriate. Removal shall follow the
process in Chapter 84.34 RCW, Chapter 458.30 WAC and Chapter 20.36 KCC.
2. Revisions to any of these requirements may only occur upon mutual written approval of
Owner and granting authority. These conditions shall apply so long as Property retains its
PBRS designation. If a conservation easement acceptable to and approved by City of
Tukwila and King County is granted by Owner in interest to Department of Natural
Resources and Parks, King County or a grantee approved by King County, these
requirements may be superseded by the terms of such easement, upon written approval by
PBRS Program.
3. The PBRS designation for Property will continue so long as it meets the PBRS criteria
for which it was approved. Classification as open space will be removed upon a
determination by PBRS Program that Property no longer meets PBRS criteria for which it
was approved. A change in circumstances, which diminishes the extent of public benefit
from that approved by City of Tukwila and King County Council in the open space
taxation agreement, will be cause for removal of the PBRS designation. It is Owner's
responsibility to notify DoA and PBRS Program of a change in Property circumstance,
which may impact PBRS participation.
4. When a portion of Property is withdrawn or removed from the program, the remaining
Property shall be re-evaluated by PBRS Program and DoA to determine whether it still
meets the criteria for PBRS categories as approved.
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5. Notwithstanding the provisions of Section 13, tree(s) posing a hazard to a structure, road
or property access may be removed from Property, provided that Owner shall first notify
the PBRS Program prior to taking such action. Native vegetation must be introduced for
any tree(s) removed and must be planted within a reasonable location of where the
tree(s) previously existed. It is Owner's responsibility to apply for and receive any
necessary consent from applicable state and local governmental agencies for activities
that may require a permit or approval.
6. If an area of Property becomes or has become infested with noxious weeds or non-
native species, Owner may be required to submit a control and enhancement plan to
PBRS Program in order to remove such vegetation and, if necessary, replace with
native vegetation.
7. If it is determined by PBRS Program that Property vegetation near structures is prone to
wildland fire and poses a fire hazard, management activities as allowed under KCC
16.82.051 may be implemented as long as those activities do not cause significant
adverse impact to the resource values of awarded PBRS categories. Prior to undertaking
any wildfire risk reduction activities on Property, a summary of any proposed work must
first be submitted to and approved by PBRS Program.
8. There shall be no motorized vehicle driving or parking allowed on Property, except
for medical, public safety or police emergencies, or for an approved management
activity (such as forestry, faun, or restoration activities) detailed in an approved plan.
9. Grazing of livestock is prohibited unless Property is receiving credit for the farm and
agricultural conservation land or resource restoration PBRS categories. In those cases,
grazing may occur in areas being farmed as defined in the approved farm management
plan or to be restored as defined in the approved resource restoration plan.
10. For Property receiving credit for ecological enhancement land, farm and agricultural
conservation land, forest stewardship land, rural stewardship land, or resource restoration,
activities that are defined in associated approved plan(s) shall be permitted as long as
those activities do not cause significant adverse impact to the resource values of other
awarded PBRS categories.
11. Owner of Property receiving credit for farm and agricultural conservation land,
ecological enhancement land, forest stewardship land, or rural stewardship land must
provide an annual monitoring report that describes progress of implementing associated
approved plan(s). The report must include a brief description of activities taken to
implement the plan and photographs from established points on Property. Owner must
submit this report to the PBRS Program by email or other mutually agreed upon method
annually by December 31 or as directed by the PBRS Program. An environmental
consultant need not prepare this report.
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12. No alteration of Property or resources shall occur without prior written approval (such as
an approved plan) by PBRS Program, except for selective cutting for personal firewood,
maintaining areas for approved passive recreational uses (such as walking or horseback
riding trails) or for removal of non-native species. Any unapproved alteration may
constitute a departure from an approved open space use and be deemed a change of
use, and subject Owner to the additional tax, interest, and penalty provisions of
RCW 84.34.080. "Alteration" means any human -induced action that adversely impacts
the existing condition of Property or resources including, but not limited to, the following:
a. erecting structures;
b. grading;
c. filling;
d. dredging;
e. channelizing;
f. modifying land or hydrology for surface water management purposes;
g. cutting, pruning, limbing or topping, clearing, mowing, or removing native
vegetation;
h. introducing non-native species (as defined in KCC 21A.06.790);
i. applying herbicides or pesticides or any hazardous or toxic substance, without
prior written approval;
j. discharging pollutants except for stormwater;
k. paving or application of gravel;
1. storing or dumping equipment, construction materials, garbage, vehicles,
household supplies, or compost;
m. engaging in any other activity that adversely impacts existing native vegetation,
hydrology, wildlife, wildlife habitat, or awarded program categories.
13. Participation in PBRS does not exempt Owner from obtaining any required permit or
approval for activity or use on Property.
TRANSMITTED to the parties listed hereafter:
Peter Schilling, applicant
Heidi Watters, Urban Environmentalist, ISA Certified Arborist, TRAQ
Elenore Bonyeau, King County Department of Assessments
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