HomeMy WebLinkAboutRes 2146 - Public Benefit Rating System Open Space Classification of Schilling Property (4447 S 148th St)City of Tukwila
Washington
Resolution No. 2145
AN ORDINANCE 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 (PARS); 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, UVAC 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 en incentive for property owners to retain tracts of open
space; and
WHEREAS, RCW 84,34.037(1) stales an application for PARS 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
2026 Legislation° Schilling PERS Application
Version: .04J31 02C
Stall. N. Giertof
Page of 2
WHEREAS, the King County Council Hearing Examiner will hold a related public
hearing on May 28, 2026, to consider the application, with the goal fcrthe County Council
to act on the application in June 2026;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The CityCouncil 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 beer approved by affirmative act of the City Council
in accordance with RCW84.34.037(1).
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this 18th day of May, 2026.
ATTEST/AUTHENTICATED:
kik\\ \
-A dw Yo -Barnett, CMC, City Clerk Armen Papyan,� c President
APP OV D AS TO FORM BY:
Office of the City Attorney
Filed with the City Crerk: 05/12/2026
Passed by the City Council: 05/18!2026
Resolution Number: 2146
Exhibit A: King County Department of Natural Resources and Parks, Water and
Land Resources Division Staff Report
242 Legislation: Schirling P6R5 Application
Version: 54/3O/2O25
Staff. N. Gierioff
Page 2 of 2
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.
6. Parcel:
Total ucccugc:
NcoucstedPBRS:
|{onne site/excluded area:
Recommended PBRS:
004200-0040 004200-0052
|.|4 0.29
0.89 0.29
0.22 0.00
0.92 0.29
NOTE: The portion recommended for enrollment in PE}RS is the entire property less the
excluded areas unmeasured, The attached 2O23aerial photo Outlines the parcels
inyellow and the areas proposed to hoexcluded frorn PBQS inblue, The
portion recommended for enrollment inY0F<S(i2| acres) isthe entire property
(1.43 acres) |cos the excluded urcux as measured (0.22 acres). In the event the
Assessor's official parcel size is revised, PBKSacreage should be
administratively adjusted to reflect that change.
B. FACTS:
Zoning inthe 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 ying)c'torni|y n:oidcnoc, |nvvn, 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 ofthe parcels that are impacted by noxious weeds
(English holly, English laurel, English ivy, ||inno|nyon blackberry, etc.) but their required
control will be addressed in the approved restoration plan.
3 Site use: The property isused osasingle-family residence
4. Access: The property ioaccessed from 8 |40thStreet and 461hAvenue S.
5. Appraised value for 2025 (based on Assessor's information dated 4/14/2026):
Purcn|#OO420O-O048 Luo6 |n!prnvcnnuntx Total
Appraised value $371J080 $99,000 $470,000
Paroe|#004200-0O52 Land Improvements Total
Appraised value $90'800 $0 $90^000
Tax applied S989 $O $989
NOTE: Participation in PBR3 reduces the appraised land value for the portion of the
property enrolled resulting in a lower taxable value.
C. REQUIREMENTS SPECIFIED BY KING COUNTY CODE(KCK):
KCC%8.3W.KlO 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 novucc the use and enjoyment of natural resources and scenic beauty for the
crnnonnicand social well-being oFthe county and its residents.
It is the intent of this chapter to implement chapter 84.34 RCW, as amended, by
establishing procedures, rules and {ecy for considering applications for public benefit rating
system assessed valuation on open space land and for current use assessment on farm and
agricultural land onthose lands are defined inPLCW8434.020.Chapter 84.34RCVV,and the
regulations adopted thereunder, govern inatters not expressly covered in this chapter.
KCC 28.36.100 Public benefit rating system for open space land —deUmbhonnand
A. The definitions in this section apply throughout this section, aswell 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, n
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 ovvonj of credit for current use ofthcproperty. In nuuNng the
recommendation, the department shall utilize the point oyoienn described in subsections
C.and D.ofthis section.
C. The following open xpuuo resources are each eligible for the points indicated:
i. Active Uni| linkage — fifteen or twenty-five points
2. Aquifer protection arcu—Dvc points
3. Buffer to public or Current use classified land —three points
4. Ecological enhancement |und—oightccn points
5. Equestrian -pedestrian -bicycle trail |inknge—thirty-five points
h. Farm and agricultural conservation land — five points
7. Forest stewardship |und—five points
D. Historic landmark or archaeological site: buffer to u designated sito—tbrcn points
9. Historic landmark orarchaeological site: designated oitc—Fivc points
10. Historic landmark or archaeological site: eligible site — three points
11. Public recreation orou—Ove points
12. Rural open spaoe—fivopoints
13. Scenic resource, viewpoint, n,view corridor — five points
14. Significant plant orecological site —five points
15. Significant vvi|d|i6: or fish habitat —Ove points
16. Special uninna! site — three points
17. Surface water quality buffer— five points, eight or ten tokzl points
lA. Urban open space — five points
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19. Watershed protection area — five points
D. Property qualifying for an open space cuke@p[y in suhaection B. of this section may
receive credit for additional points as follows:
|. Conservation euscnncrK or historic preservation cmscnneni— 6gbtcoo points
2.Contiguous parcels under separate ownership —,nininno|two points
]. Eoscnocntunducccuo—\hidy'fivcpuintn
4. Public access ' points dependent oil level o[access
o. Un|innitedpuhUcococus-§vcpoinis
b. Limited public access because oyresource sensitivity 'five points
c. Seasonal limited public access ' three points
d. Envi,unrnnnio| education ucccsn—\h,cc points
*. Nonenrnocnnberson\y—zzvnpuints
5. Reoourccrcstorudon—fivcpointx
D. 2824COMPR0HEN0IVPLAN POLICIES AND TEXT;
E-|02 In addition to its regulatory authority, King County should use incentives to protect
and restore the nut4ul environment. Incentives should bcmonitored 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 inthe Resource Information
document (page 4)and detailed below inRecommendation #8|2and 13.
E- 105 The protection oflands where development would pose hazards to health and safety,
property, important ecological functions, or environmental quality shall be achieved
through acquisition, enhancement, incentive pnngrunoo,and appropriate regulations.
The foll owing critical areas and their buffers are particularly susceptible and shall be
protected in King County:
o.Critical aquifer recharge areas;
h. Fish and wildlife habitat conservation o,cus�
,
o.Frequently flooded areas, regulated aofloodhazard areas;
d.Geologically hazardous areas; and c. Wetlands.
E-323 King County should promote voluntary wildlife habitat enhancement projects by
private individuals and businesses through educational, active stewardship, and
inccndvepnogrurns.
E-325 Through a coordinated approach of incentives and acquisitions, King County should
prioritize, enhance, and protect variety ofcrooystcrnx' including urban open space
uplands, riparian areas, floodp|uins, and aquatic systems with the highest
conservation value and those Supporting equitable access ioquality open space.
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F25CT026T8chiUiog.remil
E'329 King County xhuU protect Species of Local Importance through nnconurcs 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 ofmaintaining intact natural landscapes through: u. Promoting Current Use
Taxation and other incentives; b. Promoting stewardship programs including
development and implernentation of Forest Plans and Farm Plans; and c. Acquiring
property or conservation eaxerncnix in u,coa 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-350King County should provide incentives for landowners who are seeking to remove
invasive plants and noxious weeds, such oxproviding technical assistance nraccess to
native or clirnate-smart plants.
NOTE: Lands participating in YBR9 provide vu}uah|c 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,
G-40hKing County Should identify upland areas nfnative 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
n[regulations, incentives, and technical assistance.
R-206King County shall prioritize conservation o[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 [<uru) 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.
N,775King 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 v/iN|ibc habitat, protect historic
resources, maintain flood conveyance and storage, reduce greenhouse gas emissions,
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E25CT026TSohiUing.rqmn
control noxious weeds, prevent erosion o[valuable agricultural soils, and increase
soil water holding capacity while maintaining the functions needed for agricultural
production.
E. PBRSCATEGORDES REQUESTED and DEPARTMENT RECOMMENDATIONS:
Open space resources
* Buffer topublic orCurrent use c|onsifird land
The property is adjacent to oshort public hai| (Parks and Trails map, attached) along the
east property line opparcel '0O52.The trail isused bythe public and provides uportion of
opedestrian thvoughfhrebetween Foster High School ondThurndyke Elementary School.
The enrolling open space area is providing nbuffer o[native vegetation ofmore than 50
feet to this adjacent land, which cscccdu the cutcgo?y`s nrquincnncn\. 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 vviN!ift species, including foraging and nesting habitat for the pi|cn1cd
woodpecker, which in identified in King CountY`sComprehensive Plan mvaSpecies nf
Lnru| Importance (G'328(c)).Upon conducting usite visit, program staff determined
areas of the forest on the property are of sufficient age and diversity to support the
species regular use o[the property and u<ufyhovo made visuul observations nfpi|cutcd
woodpeckers actively utilizing the property (nesting cavities). Award o[this category is
consistent with habitat uudefined by &CC 20,36.100, section 8.|5.o(l). Credit for this
category iorccnrnrnendcd.
° Surface water quality buffer
In order to be c|igih|c for this category, the enrolling land muot he providing o qualifying
buffer ofnative vegetation iou lake, pond, st,cnnn,wetland orshoreline within the
enrolling portion nfaproperty. The property does not contain any aquatic features.
Credit for this category cannot be cccornnncnded.
• Urban open space
The property is located within the urban growth boundary and the landowner isenrolling
one ormore acres ofcmniiguous native forest. Credit for this category is rcconurnrndcd.
~ Watershed protection area
Although credit for this category was not requested, in be eligible for this category, the
enrolling forested area must consist o[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 \.2|_acres of native forest cover v/hich is more than 65Y6o[the total property
ocrcagc and there are no additional forest retention regulations in place for this property,
Credit for this category is rccornnncndcd.
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Bonus category
* Resource restoration
The owners are interested in improving the health and diversity oftheir 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. /\v/unJ of this category may a||ovv restoration activities
tooccur iothe participating open space area. |tisthe |ondov/ncr`aresponsibility ioapply
for and receive the necessary approvals from the applicable state and local governmental
agencies forfbrenby/reotoraiion activities that require opermit orapproval, such as
clearing and grading, It should he noted that this restoration activity must hecompleted
within uthree-year period. Award nfthis category requires onannual progress report
from the landowner (see below, Section B. \ |.), which should be sent to PB8S staff hy
either email nrother agreed in nno\hnd
NOTE: It is important (nnote that enrollment in ihcP8llS pnngrurn requires the control and
removal of invasive plant species. This issue is addressed in the Resource
Information document (page 3) and below in Recommendation #136.
CONCLUSIONS AND RECOMMENDATIONS
A. CONCLUSIONS:
|. Approval of the subject request would be consistent with the specific purpose and intent
ofKCC 20.36.010.
2. Approval ofthe subject request would hcconsistent with policy B'\0| ofthe 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 orfish habitat 5
Surface water quality buffer 0
Urban open space 5
Watershed protection area 5
Bonus category
Resource restoration 5
TOTAL %5points
E25CT026TSchiUinA.repmrt
PUBLIC BENEFIT RATING
For the purpose of taxation, 25 points result in 20% of market value and an 80% reduction
intaxable value for the portion oFland enrolled,
B. RECOMMENDATION:
APPROVE the request for current use taxation "()ncn space" classification with uPub|ic
Benefit Rating of25 points, subject kzthe following requirements:
Requirements for Property Participating in the
Public Benerit Rating System Current Use Assessment Program for Open Space
Compliance with these requirements is necessary for property participating ("Property")
in King Coun1y`oPublic Benefit Rating System (^^PU8S"), oCurrent use assessment
program for open space. Failure toabide bythese requirements can result inremoval nf
PBRS designation and subject Property owner ("Owner") to penalty, tax, and interest
provisions ofBCVV84.34. King County Department of Assessments (^'IJo/\")and King
County Water and Lund llcsou,rcx 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
pnnccox in Chapter 84.34 RCW, Choptcr458.30 YVf\C and Choptmr20.36 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 ofNatural
Resources and Parks, King County or a grantee approved by King County, these
requirements may bcsuperseded by the terms ofsuch easement, upon written approval hy
PB8Sprog,uno.
3. The PBKS designation for Property will continue so long as it meets the P8RLB criteria
for which it was approved. Classification as open space will be removed upon a
determination by PBK3progrurn that Property no longer meets PBR5 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 P8RSparticipation.
4. When a portion of Property is withdrawn or removed from the program, the remaining
Property ohn\| be re-evaluated by PBKS Program and Do/\todetermine whether it still
meets the criteria for PQKScategories onapproved.
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B25CT026T8chU|iog.,qxxt
5. Notwithstanding the provisions of Section 13, tree(s) posing o hazard to o akootu,u, 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 tile
tree(s) previously existed. It is Owner's responsibility to apply for and receive any
ncocsaucy consent from applicable state and local gnvcononeoto| agencies for activities
that may require upermit orapproval.
0. }fanarea ofProperty becomes ochas become infested with noxious weeds ornon-
native spccico,Ovvnc,nnuy berequired krsubmit xcontrol and enhancement plan k/
PBRS Program in order to remove such vegetation and, if necessary, replace with
native vegetation.
7. lfitindetermined ky PB88Program that Property vegetation near structures isprone ho
wildland fire and poses a fire hazard, managernent activities as allowed Linder KCC
16.02.051 may bcimplemented oslong nsthose activities d*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 bcSubmitted toand approved hYPDFlSProgram.
& 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, farm, or restoration activities) detailed in an approved plan.
9. Grazing of livestock is prohibited unless Property is receiving credit for the tbcm and
agricultural conservation land orresource restoration P0Q8categories. lnthose cases,
grazing may occur inareas being farmed aadofined inthe approved [oom nnanugcnncn1
plan or to he restored as defined in the approved resource restoration plan.
10. For Property receiving credit for ecological enhancement |ond, 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 \othe resource values ofother
awarded PBR8categories.
11. Owner of Property receiving credit for farril and agricultural conservation land,
cco|ngioo\ onhonocnncrU land, forest stewardship land, or rural stewardship land must
provide on annual monitoring report that describes progress ofinnp|crneuting oxuoriaLcd
opprovcdp|an(o). The report must include abrief description nfactivities taken to
implement the plan and photographs from established points on Property. Owner must
Submit this report to the PBRS Program by ernail 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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|2.Noalteration o[Property orresources shall Occur without priorwritten approval (such ns
an approved plan) by PBRS Program, except for selective Cutting for personal firewood,
maintaining areas for approved passive recreational uses (such os walking orhorseback
riding trails) nrfor removal ofnon-native species. Any unapproved alteration may
constitute udeparture from uoapproved open space use and be deemed uchange wf
use, and subject Owner to the additional tax, interest, and penalty provisions of
RCW04,34.*00. "/\\icrotion"means any human -induced action that adversely impacts
the existing condition of Property or resources including, but not limited to, the following:
o. erecting structures;
h. grading;
o. filling;
d. dredging;
c rhuonc|izing;
[ modifying land orhydrology for Surface water management purposes;
g. cutting, pruning, Unnhingnrtopping, clearing, mowing, or removing native
vegetation;
h. introducing non-native species (as defined inKCC2|A.O8.79C);
i. applying herbicides or pesticides or any hazardous or toxic substance, without
prior written approval;
'. discharging pollutants except for xkonnwutcr;
k paving nrapplication ofgravel;
|. storing or dumping equipment, construction materials, garbage, vehicles,
household Supplies, orcompost;
ro. engaging in any other activity that adversely impacts existing native vegetation,
hydrology, wildlife, wildlife habitat, or awarded progrann categories.
13. Participation inPBK5does not exempt Owner from obtaining any required permit or
approval for activity or use on Property.
TRANSMITTED to the pat -ties listed hereafter:
Peter Schilling, applicant
Heidi VVotkro,Urban Environmentalist, I9&Certified /\rbodd,TRAU
E|enon:Bnnycau,King County Department ofAssessments
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