HomeMy WebLinkAboutReg 2004-12-06 COMPLETE AGENDA PACKETTukwila City Council Agenda
REGULAR MEETING
Steven M. Mullet, Mayor
Rhonda Berry, City Administrator
Jim Haggerton, Council President
Monday, December 6, 2004; 7 PM
1. CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL
Introduction of new employees:
Tanya Taylor, Administrative Support, Fleet and Facilities Services, Public Works
Sandra Whiting, Urban Environmentalist, DCD
Allen Johannessen, Plans Examiner, DCD
At this time, you are invited to comment on items not included on this agenda.
To comment on an item listed on this agenda, please save your comments until
the issue is presented for discussion.
4. CONSENT a. Approval of Minutes: 11 -1 -04 (Regular), and 11 -22 -04 (Special).
AGENDA b. Approval of Vouchers.
c. Accept as complete the S. 180th Street project with Wilder Construction Co.;
authorize release of retainage subject to the standard claim and lien release
procedures (final cost of project: $16,306,697.76).
5. BID a. Award bid for installation of street trees on Tukwila International Boulevard
AWARDS Phase 1 to Buckley Nursery Company, Inc., in the amount of $90,230.02,
including sales tax.
b. Award bid for installation of mid block crosswalks on Tukwila International
Boulevard Phase 1 to Totem Electric of Tacoma, Inc., in the amount of
$115,436.80.
6. PUBLIC Request for vacation of a portion of Maule Avenue South from South 143rd
HEARING Place to South 143rd Street (Petitioner: John C. Radovich).
7. UNFINISHED Revised draft Sensitive Areas Ordinance and supporting regulations.
BUSINESS Please bring "Natural Environments Sensitive Areas Ordinance" notebook Q
8. NEW a. Budget documents:
BUSINESS 1) A resolution approving the Proposed 2005 -2010 Financial Planning
Model /Capital Improvement Program.
2) An ordinance adopting the Proposed 2005 Budget.
3) An ordinance amending the 2004 Budget.
b. Streamlined Sales Tax Cities Coalition Interlocal Agreement.
c. An amendment to the Yakima Jail Interlocal Agreement.
d. Discussion of topics for Council retreat.
e. Authorize Mayor to sign Supplemental Agreement #4 to Contract #02 -014
with Mirai Associates in the amount of $44,533.00 for additional work on the
Tukwila Urban Center Transportation Plan. (The maximum amount payable
under this agreement as supplemented inclusive of all fees and other costs is
$270,793.)
9. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
10. MISCELLANEOUS
11. EXECUTIVE SESSION
12. ADJOURNMENT
Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice by
calling the City Clerks office 206 433- 1800/TDD 206 248 -2933. This notice is available at www.ci.Tukwila.wa.us, and also in alternate
formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped.
2. SPECIAL
PRESENTA-
TIONS
3. CITIZEN
COMMENT
Councilmembers: Pam Carter Joe Duffie
Dave Fenton Joan Hernandez
Pamela Linder Dennis Robertson
Ord #2074 Res #1568
COUNCIL A GENDA SYNOPSIS
Initials
Meeting Date Prepared by I Mayor' review
12/06/04 BG
`i ITEM INFORMATION
CAS NUMBER: 04-169 ORIGINAL. AGENDA DATE: DECEMBER 06, 2004
AGENDA ITEM TITLE Accept as complete S. 180 St Grade Separation Project and release retainage bond.
CATEGORY Discussion Motion Resolution Ordinance Bid Award El Public Hearing Other
Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 12/06/04
SPONSOR Council Mayor Adm Svcs DCD El Finance Fire Legal P&R Police PW/
SPONSOR'S Wilder Construction Company, Inc. substantially completed the underpass project on May
SUMMARY 16, 2003, when South 180 Street was reopened to traffic. All closeout paperwork has
been completed and verified and the project is ready for final acceptance. Change orders
and price overruns amounted to $1,368,191.84. The total contract amounted to
$1.6,306,697.76
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/22/04
RECOMMENDATIONS:
SPONSOR /ADMIN. Accept contract as complete and authorize release of retainage bond.
COMMITTEE Accept contract and forward to Consent agenda for approval
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED
$16,306,697.76 $17,951,000.00
Fund Source: 104.01 Bridges (page 34, 2004 CIP)
Comments: $500, 000 in 2004 was contingency only and was not needed
MTG. DATE
12/06/04
MTG. DATE
12/06/04
review
RECORD OF COUNCIL ACTION
ATTACHMENTS
Information Memo dated November 16, 2004
Notice of Completion of Public Works Contract 02 -002
Transportation Committee Meeting Minutes from November 22, 2004
ITEM NO.
APPROPRIATION REQUIRED
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director
Date: November 16, 2004 U
Subject: S 18e St Grade Separation Proiect
Project No. 87 -RWO9
Project Completion and Acceptance
ISSUE
Accept construction contract as complete and authorize release of retainage bond in the amount of
$809,456.79.
BACKGROUND
The Notice to Proceed for Contract No. 02 -002 with Wilder Construction Company, Inc., of Everett,
Washington was issued on February 25, 2002. The project funding partners included FMSIB, TEA -21,
TPP, BNSF, UPRR, Port of Tacoma, Port of Seattle, King County, along with the Cities of Renton and
Tukwila. This regionally significant project constructed an underpass underneath three active railroad
lines for four lanes of traffic, an Interurban Trail Bridge, a new 1 -track UP railroad bridge, a new
3 -track BNSF railroad bridge, 2 -acre wetland mitigation site, and related work.
This contract was substantially completed on May 16, 2003, when S 180 Street was re- opened to
traffic. An extraordinary amount of federal closeout paperwork has been completed and verified,
several complex construction claims have been resolved, and the project is now ready for final
acceptance.
(P:Prgccu A- RW\87RWO9WiimI CloseoutlClosems Info Memo)
Contract Award (without sales tax) 14,820,944.00
Change Orders (see attached) 537,091.09
Overruns (see attached) 831,100.75
Sales Tax (for RR Renton Utility Work) 117,561.92
Contingency 0.00
Total Amount 16.306.697.76
ACTION TAKEN
The final payment has been issued, final records are being prepared, and this acceptance will formalize
the closeout of this project.
RECOMMENDATION
It is recommended that this contract be forwarded to the Tukwila City Council for formal acceptance
and authorize the release of the retainage bond, subject to the standard claim and lien release
procedures.
BG:ad
attachments: Notice of Completion of Public Works Contract
Quarterly Project Report Update
Change Order Log
Overruns Log
From:
State of Washington
Department of Revenue
PO Box 47474
R EVENUE Olympia WA 98504 -7474
Date 10/13/04
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notice is hereby given relative to the completion of contract or project described below
Description of Contract
South 180th Street Grade Separation, Project No. 87 RWO9
Contractor's Name
Wilder Construction Company
Contractor's Address
1525 East Marine View Drive, Everett, WA 98201 1927
Date Work Commenced Date Work Completed
2/25/02 9/25/03
Surety or Bonding Company
Travelers Casualty and Surety Company of America
Agent's Address
Bush, Cotton Scott, LLC, P.O. Box 3018, Bothell, WA 98041 -3018
Contract Amount
Additions
Reductions
Sub Total
Amount of Sales Tax Paid at 8.8
(If various rates apply, please send a breakdown)
TOTAL
Comments: Sales Tax on bid items 9, 801,
2101, 10 thru 38B, 1401, 1402 and 39 thru
1801 only.
1 K. A. C-
Retainage Bond for $809,456.79
REV 31 0020e (6- 27-01)
Contractor's Registration No. (UBI No.) 601 213 302
14,820,944.00
+1,368,191.84
0.00
$16,189,135.84
117,561.92
$16,306,697.76
Assigned To
Date Assigned
Amount Disbursed
Amount Retained
Signature
Type or Print Name Diane Jaber
Phone Number (206) 433 -1871
i n eti
Contract Number
02 002
Telephone Number
425 551 3100
Date Work Accepted
Liquidated Damages 0.00
16,306,697.76
0.00
TOTAL 16,306,697.76
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,
PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO
PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in
accordance with said certificate.
To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753 -3217. Teletype
(TTY) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http: /dor.wa.gov.
Environmental Impacts Compliance
2? Acre wetland mitigation site
Project Milestones I Scheduled 1 Attained
Project
Completion July 2003
1 1
1 1
1
1
Project Cost Summary:
Project Title Location
South 180 Street Grade Separation
Contractor /Consultant
Wilder Construction Company, Inc.
BERBER/ABAM Engineers, Inc.
Recent Progress
Settled several construction claims, final payment
Design Construction Impacts
Preliminary Engineering
;ght -of -Way
Construction
Funded Project Costs
City funds induded in
above costs
Quarterly Project Report Update for Quarter Ending November 2004
Dollars Percent
In of
Millions Total
1.352 1 5.7%
1.395 1 5.97%
16.183 1 69.3%
23.631 1 100.0
May 2003 Claims settled, final payment issued, contract closeout underway.
0.614 2.63%
City Of Tukwila
Public Works Department
Project Description
Install railroad shoofly, construct railroad bridges for
UPRR (1 track) and BNSF (2 tracks with 1 future), new 4-
lane roadway underpass, and remove existing at -grade
railroad crossing.
issued to contractor, and closed out TIB and Federal grants.
Impacts to Traffic
1 Year detour
Milestone Outlook
PE Design
ROW
Construction
Total
Planned vs. Actual Expenditures
(Total Project Cost)
Funded Actual
1,827,294.31
1,447,892.96
19,149.979.54
$23,631,000.00 $22,425,166.81
Change
Order
No.
1.00
2.00
3.00
4.00
5.00
6.00
7.00
8.00
9.00
10.00
11.00
12.00
13.00
14.00
15.00
16.00
17.00
18.00
19.00
20.00
21.00
22.00
23.00
24.00
25.00
26.00
27.00
28.00
29.00
30.00
31.00
32.00
33.00
34.00
35.00
36.00
37.00
38.00
39.00
40.00
41.00
42.00
43.00
44.00
45.00
46.00
City
Clerk
No.
02- 002fal
02 -002f bl
02 -002fc)
n/a
n/a
n/a
02- 002[dl
02- 002ff1
02- 002[41
02- 002[e)
o2- oo2lhl
02- 002rk1
02- 002fI)
02- 002[11
n/a
n/a
02- 002011
02- 0021ml
02- 002[01
02- 002fn1
02- 002fP1
02 -002[q]
02-0021r1
02- 002fsl
02- 002111
02 -002[u1
02- 002[vl
02- 0021 *l
02- 002r *1
n/a
n/a
02- 002fw1
02- 002fyl
02 -002[x1
02- 002fz1
02- 002faa)
02-002f al)]
02- 002facl
02- o02fadl
02- 002[
02- 002[
02- 002[ *1
02- 002[ *l
02- 002[
02- 0021 *l
02- 002[ *1
Revised: 11/17/2004
Reason for Change
Latent Asbestos Abatement discovered in #7220 roofing tar
Electrical revisions to #7220: temp power and new 100 amo brkr
Road Closure Period
Traffic Control Vehicle
Radio Communications for Railroads
Traffic Control Officers
Increase Diameter of Bored Casing for Waterline from 22" to 24"
Substitute Select Borrow for Common Borrow in Shoofly
SS Manhole #1 (BI #49): change from 48" cone top to 54" flat top
PCs Removal and Disposal found in S5 trench at 7220 Bldg
6 Inch Underdrain (Bid Item #2): CMP vs. HDPE design discrepancy
Credit for deletion of Springbrook Creek Landscaping
Watermain temporary thrust restraint
Relocate 12 -inch waterline: CDSM conflict
Obstruction in Horizontal Casing
Shoofly Productivity Impacts
!Disturbed CDSM area removing obstruction in shoofly
'Sanitary Sewer Unsuitable Materials
IACP Extra Depth Materials
'Wood Plank Road Removal
!Weekend Shoofly Shoring Completion/June 29th and 30th
ICDSM obstructions
ICommemorative Plague
!Pedestrian Bridge Conduits
(Credit for Pumo Station Modifications
(Time Impact Analysis 1 and 2
I Pump Station Control Building: Revise Metal Siding and Roofing
1 Pump Station Yard Light Relocation
!Generator Pad Improvements
!Electrical J-Box Modifications conflict with 18" PCCP slab deoth
IRevised Catch Basin Locations
[Credit for Cummins Generator System (City to Supply)
!Irrigation System Revisions Control Building Water Service, RP Device, Hot Box
(Traffic Signal Loop Modifications
'Control Building Exhaust Fan Modification
!Extra Asphalt Concrete Pavement
'Irrigation System Revisions Eliminate Direct Bury Lateral Lines
I Shotcrete Ledger Board
(Time Impact Analysis 3
IShotcrete Test Panel
ISubgrade Preparation for C.O. #36
(Subcontractor work (Raito) for C.O. #21
(Claim 1 Settlement
IClaim 2 Settlement
'Claim 3 Settlement
I DBE Condition of Award Revision
CITY OF TUKWILA
SOUTH 180TH STREET GRADE SEPARATION
Base Contract Amount 514,915,266.27
WCC
Ser. Mayor
Ltr. aprvd? Comments
1008 Yes NTP Issued
1009 Yes NTP Issued
1 10 Yes NTP Issued-rd closure from 365 to 389 days
1 11 Denied Wilder agreed that it was incidental to TC Items
1 12 Denied CO denied, however pay as FA
113 Denied CO denied, however pay as FA
116 Yes NTP Issued
117 Yes NTP Issued
1 019 Yes NTP Issued
1 020 Yes NTP Issued
1021 Yes NTP Issued
1022 Yes NIP Issued
1031 Yes NTP Issued
1032 Yes NTP Issued
1033 Denied CO denied for non verifiable obstruction
1035 Denied co denied, Wilder responsible for 3rd parties
1036 Yes NTP Issued
1037 Yes NTP Issued
1043 Yes NTP Issued
1044 Yes NTP Issued
1049 Yes NTP Issued
I n/a Yes NTP Issued
1055 Yes NTP Issued
1070 Yes NTP Issued
1071 Yes NTP Issued
1 n/a Yes NTP Issued
1084 Yes NTP Issued
1085 Denied Wilder did not respond to request for dots
1086 Denied wilder did not respond to request for dots
1087 Denied Paid as force account
1088 Denied Paid as force account
1089 Yes NTP Issued
1090 Yes NIP Issued
1093 Yes HIP Issued
1 094 Yes NTP Issued
1095 Yes NTP issued
I n/a Yes NIP Issued
1100 Yes NTP Issued
1091 Yes NTP Issued
I n/a Yes NIP Issued
1106 Yes NTP Issued
I n/a Yes NTP Issued
1103 Yes NTP Issued
11040 Yes NTP Issued
I Yes NTP Issued
I Yes NTP Issued
New Change Cumulative Modified
Pay Amount Change Cum. Contract
Item w/o Tax Order Amt Amount
101 $850 $850.00 0.006% $14,916,116.27
201 $1,869.00 $2,719.00 0.018% $14,917,985.27
n/a $0.00 $2,719.00 0.018% $14,917,985.27
n/a $0.00 $2,719.00 0.018% $14,917,985.27
n/a $0.00 $2,719.00 0.018% $14,917,985.27
n/a $0.00 $2,719.00 0.018% $14,917,985.27
n/a $0.00 $2,719.00 0.018% $14,917,985.27
801 $90,390.00 $93,109.00 0.624% $15,008,375.27
901 $1.109.57 $94,218.57 0.632% $15,009,484.841
1001 $5,695.00 $99,913.57 0.670% $15,015,179.841
1101 $3,702.00 $103,615.57 0.695% $15,018,881.841
1201 ($556.33) $103,059.24 0.691% $15,018,325.51
1301 $1,477.70 $104,536.94 0.701% $15,019,803.211
1401 $128,082.00 $232,618.94 1.560% $15,147,885.21
n/a $0.00 $232,618.94 1.560% $15,147,885.21
n/a $0.00 $232,618.94 1.560% $15,147,885.21
1701 $6,745.29 $239,364.23 1.605% $15,154,630.50
1801 $46,448.00 $285,812.23 1.916% $15,201,078.50
1901 $20,875.55 $306,687.78 2.056% $15,221,954.05
2001 $2,113.75 $308,801.53 2.070% $15,224,067.80
2101 $4,122.22 $312,923.75 2.098% $15,228,190.02'.
2201 $70,000.00 $382,923.75 2.567% $15,298,190.02
n/a $0.00 $382,923.75 2.567% $15,298,190.02
2401 $1,330.32 $384,254.07 2.576% $15,299,520.34
2501 ($27,365.76) $356,888.31 2.393% $15,272,15438
n/a $0.00 $356,888.31 2.393% $15,272,15438
2701 $302.14 $357,190.45 2.395% $15,272,456.72
n/a $0.00 $357,190.45 2.395% $15,272,456.72
n/a $0.00 $357,190.45 2.395% $15,272,456.72
n/a $0.00 $357,190.45 2.395% $15,272,456.72
n/a $0.00 $357,190.45 2.395% $15,272,456.72
3201 ($31,226.91) $325,963.54 2.185% $15,241,229.81
3301 $7,078.00 $333,041.54 2.233% $15,248,307.81
3401 $666.60 $333,708.14 2.237% $15,248,974.41
3501 $788.00 $334,496.14 2.243% $15,249,762.41
3601 $6,078.08 $340,574.22 2.283% $15,255,840.49
3701 ($1,043.00) $339,531.22 2.276% $15,254,797.49
3801 $2,000.00 $341,531.22 2.290% $15,256,797.49
3901 $0.00 $341,531.22 2.290% $15,256,797.49
4001 $4,000.00 $337,531.22 2.263% $15,252,797.49
4101 $2,151.00 $339,682.22 2.277% $15,254,948.49
4201 $10,408.87 $350,091.09 2.347% $15,265,357.36
4301 $12,000.00 $362,091.09 2.428% $15,277,357.36
4401 $21,000.00 $383,091.09 2.568% $15,298,357.36
4501 $175,000.00 $537,091.09 3.60% $15,452,357.36
N/A $0.00 $537,091.09 3.60% $15,452,357.36
City of Tukwila, South 180th Street Grade Separation
City Project No.: 87 -RWO9
City Contract No.: 02.002
Wilder Project H2007
Contractor. Wilder ConsWc Ion Company
ITEM NO.
39
45
47
48
DESCRIPTION
55 Traffic Control Labor (Minimum)
56 Traffic Control Supervisor
57 Construction Signs, CLASS A
59 Training
60 Property Restoration Misc. Work
12 Bank Run Gravel for Trench Badfill
13 Controlled Density Fig for Trench Backfill
16 Gate Valve 12 In Diam Valve Box
19 Standard Hydrant Assembly
20 Flush Hydrant Assembly
21 Service Connection 2 In Diam
22 Ductile Iron Pipe for Water Main Ftgs. 81n
23 Ductile Iron Pipe for Water Main Ftgs. 10 In
24 Ductile Iron Piipe for Water Main Ftgs. 12 In
25 Ductile Iron Pipe for Water Main Ftgs. 12 In
28 Remove and Salvage Gate Valve
29 Concrete Thnist Blocking Dead -man Anchor
35 Steel Casing 30 In Dram for PSE Elect. -TmcM
36 Steel Casing 38 In Diam for PSE Gas Tnalxl
Structure Excavation Class 8 Ind Haul Sank.
PVC Sanitary Sewer Pipe 8 In Diam 1
C-900 Sanitary Sewer Pipe 8 In Diam 1
Manhole 48 In Dlam Standard 1
NOTE: ONLY QUANTITIES THAT VARIED FROM ESTIMATE ARE LISTED
ESTIMATED
QUANTITY
2,000 HRS
4001 HRS
1,3001 SF
2,0001 HRS
10,0001 FA
300
150
5
2
2
4
120
350
1,115
284
7
30
83
48
295
345
250
2
CY
CY
EA
EA
EA
EA
LF
LF
LF
LF
EA
CY
LF
26.00
37.00
16.00
5.00
33,398.87
40.00
90.00
1,500.00
4,100.00
5,200.00
3,700.00
54.00
58.00
70.00
61.00
200.00
550.00
90.00
310.00
UNIT PRICE ITEM QUANTITY OVERRUNS
PERCENT QUANTITY
WILDER QUANTITY TOTAL AMOUNT PREVIOUS PREVIOUS THIS AMOUNT
1 100.00%
`NET OVERRUNS
140,985.00
128,335.00
20,784.00
9,995.00
26,402.20
3,540.00
13,140.00
9,000.00
4,100.00
5,200.00
14,800.00
6,372.00
16,588.00
72,730.00
17,324.00
800.00
22,000.00
35,940.84
19,840.00
8,976.00
15,312.00
10,660.00
6,500.00
5831,100.75
S. 180 Street Project Acceptance The project at S. 180 won several awards including an
American Public Works 2004 Project of the Year nomination. The project was originally bid
over budget, but Bob Giberson volunteered to act as construction manager, thereby saving
substantial funds and bringing the project in slightly under budget. It is now ready for
acceptance by the City and release of the retainage. Recommend project acceptance to consent
agenda of a Regular Meeting.
3. Tukwila International Boulevard (TIBI Bid Award Street trees were added to this stage of
development of TIB because they couldn't be added when the State owned the highway. Now
that the City owns that section of TIB we are ready to plant. Two bids on the small works roster
were received, with the lower bid being under budget and being won by Buckley Nursery. A drip
irrigation system will also be installed. The Committee wanted to be sure the tree leaves
wouldn't clog the drains. Norway Maples and incense cedars will be planted in January. Award
bid for trees to Buckley Nursery for $99.253.02 at a Regular Meeting.
4. Tukwila International Boulevard Mid Block Crossings Bid Award Two mid block
crossings will be added to the Phase I section of TDB. One is by the Bartell's lot and Northfield
Car Wash and the other is at S. 150 near the new KFC. The crossings will be activated by
pedestrians walking, and the lights will flash in the pavement. This project was bid in the small
works roster, and Totem Electric won the bid that came in under budget. This project will be
done between January and March, 2005 after the special poles are purchased. Award bid for
$126.980.50 to Totem Electric for mid block crossings in Phase 1 at a Regular Meeting.
Transportation Committee
November 22, 2004
Present: Joan Hernandez, Chair; Joe Duffle, Pam Carter
Frank Iriarte, Bob Giberson, Gail Labanara, Cyndy Knighton, Lucy Lauterbach
1. Tukwila Urban Center Transportation Plan Additional work is needed on the Tukwila
Urban Center (TUC) Plan. 'Viral Associates have been working on the Plan since 2002. Staff
knew these changes would be needed since 2003. As the Plan was originally going to be done in
one year, additional work is needed now. The time elapsed since 2002 as well as the public
comments have meant more studies and more project management are needed. Additional funds
of $44,533 are requested to pay for additional workshop meetings, and traffic studies of both the
TUC and Mall to Pond scenarios. No action and peak hour projections will be included. When
the studies are done they will be very useful in several ways. The contract is written to run until
December, 2005, but it is likely to be done in the spring of that year. Recommend Contract
Supplement and funding request to Regular Meeting.
Committee Chair approval
CAS NUMBER: 04-170
MTG. DATE
12/6/04
COUNCIL AGENDA SYNOPSIS
Meeting Date Prepared by 1 Mayor's review 1 o,ntl review
12/06/04 BG I 1
Fund Source: 104.02 Commercial Streets (page 38, 2004 CIP)
Comments:
Initials
ITEM INFORMATION
ORIGINAL AGENDA DATE: DECEMBER 6, 2004
AGENDA ITEM TITLE Bid Award for Street Trees on Tukwila Int'I Blvd Phase I
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Heating Other
Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 12 /6/04 Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal Pe .9.R Police PW
SPONSOR'S Two bids from the Small Works Roster were received on November 17, 2004. The Tow bid
SUMMARY of $90,230.02 was from Buckley Nursery. References indicate that Buckley Nursery has
worked on numerous Tukwila capital projects as a landscape subcontractor with very good
results.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm Planning Comm.
DATE: 11/22/04
RECOMMENDATIONS:
SPONSOR /ADMIN. Award contract to Buckley Nursery Company, Inc.
COMMIT"T"EE Recommend award bid and forward to Regular for approval
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED
$90,230.02 $150,000.00
RECORD OF COUNCIL ACTION
MTG. DATE 1 ATTACHMENTS
12/6/04 Information Memo dated November 17, 2004
Bid Results
1 Transportation Committee Meeting Minutes from November 22, 2004
1
ITEM NO.
5. o,
APPROPRIATION REQUIRED
To: Mayor Mullet
From: Public Works Director
Date: November 17, 2004
Subject: Tukwila International Boulevard Phase 1- Street Trees
BID AWARD
ISSUE
Award the bid for installation of street trees on Tukwila International Boulevard Phase 1 to
Buckley Nursery Company, Inc.
BACKGROUND
Street trees were removed from the primary federally funded Phase 1 bid documents to gain
WSDOT approval for clear zone requirements on their former Highway 99. Now that Tukwila
has taken over the highway and sufficient funds exist, the street trees will be planted in the tree
pits constructed in the Phase 1 construction, including a drip irrigation system.
ANALYSIS
INFORMATION MEMO
Two bids from the Small Works Roster were received. The bids were checked and no errors
were found. Buckley Nursery submitted the lowest bid and is within budget with adequate
contingency. Buckley Nursery has worked on numerous Tukwila capital projects as a
landscape subcontractor with very good results.
Bid Results Engineer's Estimate Budget
Bid Amount 90,230.02
Contingency (10 9.023.00
Total 99,253.02 $106,046 $150,000
RECOMMENDATION
Award the bid for the Tukwila International Boulevard Phase 1 Street Tree project to Buckley
Nursery Company, Inc., in the amount of $90,230.02, including sales tax.
attachment: Bid Results
(P:Projects1A• RW d: RS Projects \9IRWD3 UB11Sumet Trees\Award Info Memo)
BID
Y;.
PRESENT
BIDDER NAME
DATE /TIME RECEIVED
BUCKLEY NURSERY CO., INC.
11 -16 -04
11:40 A.M.
A LANDSCAPING AND
CONSTRUCTION
11 -16 -04
4:47 P.M.
CITY OF TUKWILA
OFFICE OF THE CITY CLERK
TUKWILA INTERNATIONAL BOULEVARD PHASE I
STREET TREES
PROJECT NO. 91 -RWO3
BID OPENING
November 17, 2004 10:00 a.m.
THE FOLLOWING DOES NOT REPRESENT A BID AWARD
YES
YES
TOTAL PROJECT
COST APPARENT
A DENDUMS INCLUDING RANK OF
ACKNOWLEDGED? WSST BID
YES 1
YES
/s/
Jane E. Cantu, CMC. City Clerk
$90,230.02
$97,920.00
The above figures appear as written within bid documents; and as read aloud at bid opening.
THEY DO NOT however, REPRESENT ANY BID AWARD; apparent low, or otherwise.
DATED this 17 day of November, 2004.
1
2
Robert H. Baker, CMC, Deputy City Clerk
Transportation Committee
November 22, 2004
Present: Joan Hernandez, Chair; Joe Duffie, Pam Carter
Frank Iriarte, Bob Giberson, Gail Labanara, Cyndy Knighton, Lucy Lauterbach
1. Tukwila Urban Center Transportation Plan Additional work is needed on the Tukwila
Urban Center (TUC) Plan. Mirai Associates have been working on the Plan since 2002. Staff
knew these changes would be needed since 2003. As the Plan was originally going to be done in
one year, additional work is needed now. The time elapsed since 2002 as well as the public
comments have meant more studies and more project management are needed. Additional funds
of $44,533 are requested to pay for additional workshop meetings, and traffic studies of both the
TUC and Mall to Pond scenarios. No action and peak hour projections will be included. When
the studies are done they will be very useful in several ways. The contract is written to run until
December, 2005, but it is likely to be done in the spring of that year. Recommend Contract
Supplement and funding request to Regular Meeting.
2. S. l80`" Street Proiect Acceptance The project at S. 180 won several awards including an
American Public Works 2004 Project of the Year nomination. The project was originally bid
over budget, but Bob Giberson volunteered to act as construction manager, thereby saving
substantial funds and bringing the project in slightly under budget. It is now ready for
acceptance by the City and release of the retainage. Recommend nroiect acceptance to consent
agenda of a Regular Meeting.
3. Tukwila International Boulevard (TIB) Bid Award Street trees were added to this stage of
development of TIB because they couldn't be added when the State owned the highway. Now
that the City owns that section of TIB we are ready to plant. Two bids on the small works roster
were received, with the lower bid being under budget and being won by Buckley Nursery. A drip
irrigation system will also be installed. The Committee wanted to be sure the tree leaves
wouldn't clog the drains. Norway Maples and incense cedars will be planted in January. Award
bid for trees to Buckley Nursery for $99.253.02 at a Regular Meeting.
4. Tukwila International Boulevard Mid Block Crossings Bid Award Two mid block
crossings will be added to the Phase I section of TIB. One is by the Bartell's lot and Northfield
Car Wash and the other is at S. 150 near the new KFC. The crossings will be activated by
pedestrians walking, and the lights will flash in the pavement. This project was bid in the small
works roster, and Totem Electric won the bid that came in under budget. This project will be
done between January and March, 2005 after the special poles are purchased. Award bid for
$126.980.50 to Totem Electric for mid block crossings in Phase 1 at a Regular Meeting.
Committee Chair approval
CAS NUMBER: 04-171
MTG. DATE 1
12/6/04
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date 1 Prepared by 1 Mayor's review
12/06/04 1 BG
ITEM INFORMATION
0 l ORIGINAL AGENDA DATE: DECEMBER 6, 2004
AGENDA ITEM TITLE Bid Award for Mid -Block Crosswalks on Tukwila Int'I Blvd Phase I
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Heating Other
Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 12 /6/04 Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal PoR Police PW
SPONSOR'S Three bids from the Small Works Roster were received on November 17, 2004. The low bid
SUMMARY of $115,436.80 was from Totem Electric of Tacoma, Inc. References indicate that Totem
Electric has worked on numerous Tukwila illumination and traffic signal projects with very
good results.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/22/04
RECOMMENDATIONS:
SPONSOR /ADMIN. Award contract to Totem Electric of Tacoma, Inc.
COMMITTEE Recommend award bid and forward to Regular for approval
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED
$115,436.80 $150,000.00
Fund Source: 104.02 Commercial Streets (page 38, 2004 CIP)
Comments:
view
RECORD OF COUNCIL ACTION
MTG. DATE I ATTACHMENTS
12/6/04 Information Memo dated November 17, 2004
Bid Results
Transportation Committee Meeting Minutes from November 22, 2004
ITEM No.
5. h
APPROPRIATION REQUIRED
ISSUE
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director
Date: November 17, 2004
Subject: Tukwila International Boulevard Phase 1 Mid -Block Crosswalks
BID AWARD
Award the bid for installation of mid -block crosswalks on Tukwila International Boulevard
Phase 1 to Totem Electric of Tacoma, Inc.
BACKGROUND
Mid -block crosswalks with in- pavement pedestrian push button activated flashing lights were
removed from the primary Phase 1 bid documents. The mid -block crosswalk "gaps" in the
landscape medians were provided for in the primary Phase 1 construction contract adjacent to
the new KFC /Taco Bell and the current Northfield Car Wash site across from Blockbuster
Video.
ANALYSIS
Three bids from the Small Works Roster were received. The bids were checked and no errors
were found. Totem Electric of Tacoma, Inc., submitted the lowest bid and is within budget
with adequate contingency. Totem Electric has worked on numerous Tukwila illumination and
traffic signal projects with very good results.
Bid Results Engineer's Estimate Budget
Bid Amount $115,436.80
Contingency (10 11.543.70
Total $126,980.50 $154,120 $150,000
RECOMMENDATION
Award the construction bid for the Tukwila International Boulevard Phase 1 Mid -Block
Crosswalks project to Totem Electric of Tacoma, Inc., in the amount of $115,436.80.
attachment: Bid Results
(P:Projecu A. RW RS Projecu\9IRWO3 TIBIN1id Block Xiogs\Awud Info Mono)
SIGNAL ELECTRIC, INC.
11 -16 -04
3:52 P.M.
TRANSTECH ELECTRIC, INC.
11 -16 -04
4:50 P.M.
CITY OF TUKWILA
OFFICE OF THE CITY CLERK
TUKWILA INTERNATIONAL BOULEVARD PHASE I
MID -BLOCK CROSSWALKS
PROJECT NO. 91 -RWO3
BID OPENING
November 17, 2004 10:00 a.m.
THE FOLLOWING DOES NOT REPRESENT A BID AWARD
TOTEM ELECTRIC OF TACOMA
11 -16 -04
1:18 P.M. YES
YES
YES
NONE
NONE
NONE
DATED this 17 day of November, 2004.
/s/
Jane E. Cantu, CMC, City Clerk
BID
SECURIT
Y ADDENDUMS TOTAL PROJECT APPARENT
BIDDER NAME PRESENT ACKNOWLEDGE COST RANK Of
DATE /TIME RECEIVED D? INCLUDING WSST BID
$115,436.80
$160,485.44
$166,926.00
The above figures appear as written within bid documents; and as read aloud at bid opening.
THEY DO NOT however, REPRESENT ANY BID AWARD; apparent low, or otherwise.
1
2
3
Robert H. Baker, CMC, Deputy City Clerk
Present: Joan Hernandez, Chair; Joe Duffle, Pam Carter
Frank Iriarte, Bob Giberson, Gail Labanara, Cyndy Knighton, Lucy Lauterbach
1. Tukwila Urban Center Transportation Plan Additional work is needed on the Tukwila
Urban Center (TUC) Plan. Mirai Associates have been working on the Plan since 2002. Staff
knew these changes would be needed since 2003. As the Plan was originally going to be done in
one year, additional work is needed now. The time elapsed since 2002 as well as the public
comments have meant more studies and more project management are needed. Additional funds
of $44,533 are requested to pay for additional workshop meetings, and traffic studies of both the
TUC and Mall to Pond scenarios. No action and peak hour projections will be included. When
the studies are done they will be very useful in several ways. The contract is written to run until
December, 2005, but it is likely to be done in the spring of that year. Recommend Contract
Supplement and funding request to Regular Meeting.
2. S. 180 Street Project Acceptance The project at S. 180 won several awards including an
American Public Works 2004 Project of the Year nomination. The project was originally bid
over budget, but Bob Giberson volunteered to act as construction manager, thereby saving
substantial funds and bringing the project in slightly under budget. It is now ready for
acceptance by the City and release of the retainage. Recommend project acceptance to consent
agenda of a Regular Meeting.
3. Tukwila International Boulevard (TIBI Bid Award Street trees were added to this stage of
development of TIB because they couldn't be added when the State owned the highway. Now
that the City owns that section of TIB we are ready to plant. Two bids on the small works roster
were received, with the lower bid being under budget and being won by Buckley Nursery. A drip
irrigation system will also be installed. The Committee wanted to be sure the tree leaves
wouldn't clog the drains. Norway Maples and incense cedars will be planted in January. Award
bid for trees to Buckley Nursery for $99,253.02 at a Regular Meeting.,
/4. Tukwila International Boulevard Mid Block Crossings Bid Award Two mid block
crossings will be added to the Phase I section of TIB. One is by the Bartell's lot and Northfield
Car Wash and the other is at S. 150 near the new KFC. The crossings will be activated by
pedestrians walking, and the lights will flash in the pavement. This project was bid in the small
works roster, and Totem Electric won the bid that came in under budget. This project will be
done between January and March, 2005 after the special poles are purchased. Award bid for
$126.980.50 to Totem Electric for mid block crossings in Phase 1 at a Regular Meeting.
Committee Chair approval
Transportation Committee
November 22, 2004
CAS NUMBER: REF 04-161
SPONSOR'S
SUMMARY
REVIEWED BY COW Mtg.
Utilities Cmte
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMI I"I EE
Fund Source:
Comments:
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date Prepared by 1 Mayor's review _Con !review
11/15/04 MC
12/6/04 MC AA. ..6- 1
1
ITEM INFORMATION
1 ORIGINAL AGENDA DATE: NOVEMBER 15, 2004
AGENDA ITEM TITLE Public Hearing for the Street Vacation of a portion of Maule Avenue South from
South 143 Place to South 143 Street.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date Mtg Date 11/15/04 Mtg Date Mtg Date Mtg Date 12 /6/04 Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal PAR Police P1V
Public hearing for the street vacation of a portion of Maule Avenue South, from South
143"' Place to South 144 Street. RCW 35.79.010 requires a public hearing to consider
vacating public right -of -way. This is the last section of Maule Avenue South to be vacated.
CA &P Cmte
Arts Comm.
F &S Cmte
Parks Comm.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
MTG. DATE I RECORD OF COUNCIL ACTION
11/15/04 I Approved Resolution 1564, setting public hearing for December 6, 2004
12/6/04 1
ITEM NO.
MTG. DATE 1 ATTACHMENTS
12/6/04 1 Staff Report with vicinity maps dated November 16, 2004
1 Petition
1 Resolution setting date of Public Hearing for December 6, 2004
Petition Review by Departments
1 Notice to Surrounding Property Owners (Address list available at City Clerk)
RCW 35.79 Streets Vacation
1 Minutes from 11/15/04 Council Meeting
Transportation Cmte
Planning Comm.
CONTENTS
STREET VACATION
Maule Avenue South
TAB
Staff Report 1
Vicinity Map 2
Petition 3
Resolution 4
Petition Review by Department 5
Notice Sent to Surrounding Property Owners of Upcoming Public Hearing 6
RCW 35.79 Street Vacation 7
Council Minutes of November 15, 2004, Meeting Setting Public
Hearing 8
NOVEMBER 2004
HEARING DATE:
NOTIFICATION:
APPLICATION:
REQUEST:
LOCATION:
ZONING DISTRICT:
STAFF:
ATTTACHMENTS:
STAFF REPORT
TO THE TUKWILA CITY COUNCIL
Prepared November 16, 2004
December 6, 2004
Petition for Vacation of Street filed by the Property Owner
John C. Radovich
Vacate portion of the right -of -way for Maule Avenue South
A portion of the right -of -way for Maule Avenue South
between South 143 Place and South 144 Street.
Commercial /Light Industrial (C /LI)
Bob Giberson, Acting City Engineer
1. Staff Report
2. Vicinity Map
3. Petition
4. Resolution
5. Petition Review by Department
6. Notice Sent to Surrounding Property Owners of
Upcoming Public Hearing
7. RCW 35.79 Street Vacation
8. Council Minutes of November 15, 2004, Meeting Setting
Public Hearing
Staff Report to the Tukwila City Council
November 16, 2004
FINDINGS
VICINITY /SITE INFORMATION
Proiect Description
The area of Maule Avenue South between South 143 Place to South 144 Street will
be vacated by the City of Tukwila and traded to John C. Radovich for a 20.00 foot wide
parcel along the frontage of Interurban Avenue South from South 143` Place to South
144 street.
The vacated right -of -way for Maule Avenue South will be incorporated into Mr.
Radovich's existing property fronting Interurban Avenue South. Mr. Radovich is also
the property owner of the parcel abutting the east margin of Maule Avenue South
between South 143 Place to South 144 Street.
Existing Development
Maule Avenue South is 20 feet of right -of -way. It is paved. This is the last section of
Maule Avenue South to be vacated.
Surroundina Land Use
To the north, east, and south of Maule Avenue South it is zoned commercial /light
industrial. Across the street on the other side of Interurban Avenue South it is zoned
regional commercial mixed. To the north, south, and east the existing land use is light
commercial. On the other side of Interurban Avenue South is mixed commercial and
singlefamily residence use (RCM).
Terrain Veaetation
The existing roadway is almost flat. The area between Maule Avenue South and
Interurban Avenue South is also flat with very little grade change. The ground cover is
grass and low shrubs with cherry trees planted along the right -of -way on Interurban
Avenue South.
Public Facilities
Notice of Petition and field reconnaissance have identified the presence of the following
utilities: Tukwila public sanitary sewer line, Puget Sound Energy for electricity, and
Qwest Telecommunications.
BACKGROUND
At the present time, the area of proposed street vacation is developed street between
South 143 Place and South 144 Street. The current zoning is commercial /light
industrial.
The area to be vacated on Maule Avenue South is 5853 SF The area along
Interurban Avenue South Mr. Rad ovich will exchange with the City is 5878 SF The
net difference is 25 SF No appraisal was performed for the right -of -way of Maule
Avenue South being vacated or for Mr. Radovich's frontage along Interurban Avenue
South as both parcels are near equal in size and similar value.
The 20.00' frontage along Interurban Avenue South is required for future improvements
planned for Interurban Avenue South in the 2005 CIP.
A petition for the vacation of Maule Avenue South was filed with the City on October 27,
2004 (see Tab 3
At the City Council meeting on November 15, 2004, Resolution No. 1564 was adopted
to set the date of December 6, 2004, for a Public Hearing to consider the proposed
vacation (see Tab #4).
Following the adoption of Resolution No. 1564, City staff posted the site of the proposed
street vacation and notified property owners in the immediate vicinity regarding the
Public Hearing and pending petition. A sample notice letter is provided under Tab #6.
Notices of Petition for Vacation of Street were also sent to all potentially affected City
departments and other non -city utilities. The responses received thus far to these
Notices are included under Tab #5.
DECISION CRITERIA
The procedures for street vacation are set forth in RCW 35.79.010 and reiterated in
TMC 11.60 (see Tab #6). Except in those cases involving right -of -way adjacent to a
body of water, there are no defined criteria for deciding whether or not to grant a street
vacation. In the absence of defined criteria, the City Council must consider the public
interest relative to the existing and future needs for public facilities such as utilities or
roadway improvements on the proposed vacation area.
All street vacations granted to private property owners must include compensation to
the granting jurisdiction for the vacated property. The compensation is presented as a
condition to granting the vacation.
The City Council's options in deciding on a proposed street vacation are limited to the
following:
1. deny the proposed street vacation, or
2. grant the street vacation with conditions (at the very least, conditions must include
compensation to the City for the vacated property).
CONCLUSIONS
1. Public utilities exist in the area proposed for vacation. There are two options
available: The utilities can remain in place and the applicant may grant access to
them by use of an easement, or the utilities can be relocated at the petitioner's
expense.
2. The proposed vacation is not adjacent to a body of water.
SUMMARY
Should council decide in favor of the vacation request, it is recommended that the
following condition be included:
1. The existing utilities in the area of proposed vacation should either remain in place
with an easement provided to the respective utility or be relocated at the petitioner's
expense.
Maule Avenue Street Vacation
Vicinity Map
Street Vacations along Maule Avenue Vicinity Map
TO THE TUKWILA CITY COUNCIL:
1. The undersigned petitioners hereby request vacation of the following described property located in the City of
Tukwila:
(Provide legal description. If legal description is long, please attach. Attach a site plan of the area to be vacated.)
Maule Avenue from Southerly margin of South 143' Place to the Northerly margin of S 144` Street
2. The names and addresses of ALL property owners butting
follows: (do not include City -owned property)
Owner Name Property Address
(print)
(John C. Radovich 6275 S 143r Place
6275 S 143r Place
'John C. Radovich
PETITION FOR VACATION OF STREETS
PURSUANT TO RCW 35.79
on the property to be vacated are as
3. Petitioner signatures. Only owners of property abutting the street to be vacated may petition. For the
petition to be valid, the signers must account for at least 2/3 of the property, by length, abutting the
right -of -way: (do not include City -owned property)
Owner Name Property Address Total frontage
(signature) r) 4 .1 i (feet)
John C. Radovich t 75 S 143r Place 1 287.36
John C. Radovic, 75 S 143r Place 1 298.03
I
4. In accordance with Resolution 1499, the $1200 fee for street vacation has been received.
DATE
RECEIPT NO. CLERK SIGNATURE
t 2. c� L ./—../A 1 J
IL 1L12` /C
Total frontage
(feet)
287.36
298.03
WHEREAS, the owner of the property abutting the right -of -way has petitioned to vacate
Maule Avenue from South 143r Place to South 144' Street; and
WHEREAS, RCW 35.79.010 requires setting a public hearing by resolution;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUICWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. A public hearing upon the vacation of Maule Avenue from South 143' Place
to South 144' Street shall be held before the Tukwila City Council in the City Council
Chambers at Tukwila City Hall, 6200 Southcenter Blvd., Tukwila, Washington, on December
6, 2004, which is not less than 20 nor more than 60 days from the date of passage of this
resolution, at which time all persons interested in said right -of -way vacation are invited to
appear and be heard.
Section 2. The City Clerk is directed to post written notice of pendency of the public
hearing in three public places in the City of Tukwila and in one additional conspicuous place
on the right -of -way sought to be vacated at least 20 days prior to the date set for hearing.
PASSED BY THE CITY COUNCIL OF THE CITY QQF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this 15 day of /A 2004
A'1 AUTHENTICATED:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUICWILA, WASHINGTON, FIXING THE TIME FOR A
PUBLIC HEARING FOR VACATION OF MAULE AVENUE
FROM SOUTH 143 PLACE TO SOUTH 144 STREET.
E. Cantu, CMC, City Clerk
APPROVED AS CO
oe
By:
Of If c of thsreifMttorney
Filed with the City Clerk: 1 1. 1
Passed by the City Council: 11 15 64
Resolution Number 1 n10
STR VAC-MAULE AVE -743RD 71- 04.DOC
CIty of Tukwila
Washington
Resolution No. 1 LD 14-
#4, Jim Haggerton, Council President
DATE: I Street Name Or
I Number:
Description of Property
Being Vacated:
Kroll Map Page
Petitioner's Name
And Address:
C e A D0 vi
Z AYe
-it 2e,c)
/IL:X.41A. /541/1
L.J4 g (To
RESPONSE:
Address your comments to:
Public Works Department
City TukWila
.6300 Southcenter Blvd. Suite 100
Tukwila, WA 98188
Maule Avenue from Southerly margin of South 14.3` Place to the Northerly margin of 5 144' Street
isA A u LE VE
U4CATIoni
ra
Notice of Petition
for Vacation of Street
1 A _s our1-4
Qtr: 1 Sec: I Twn: 03 A/ 1 Rge: 1 16
23 Please Respond By:
Public Hearing Date:
tr-
c,
Your comments may be limited to the following, if applicable:
O We have no objection to the vacation.
O We have utilities in the right-of-way
O We require easement prior to vacation.
ST
45 7 4 N,
Th
1 ST
I ST
T
ST
lOSFH
_FOS CR_
pk
4
s
S300
1441r1
JPATk INN.-
N
S ow
SOUTNCENTER
0
S
q1.13
Sour I:400
3-
0
449TH ST
S 150111 ST
,LIOT ST
r
'JO
RN D'
T ST
CRYSTAL T
•Lt
FRIAGS
1 i ".elli;0 4
:1; itiSY
ii sr
Public Works Development Engineering/Forms/Approved/Notice of Petition
41
Is
LEG 6
Signature:
Title
i
-;-f
REVIEW REQUESTED OF:
'IS1 Mayor's Office 0 King County
TSI, Planning Dept. Puget Sound Energy
13 Public Works Dent. 0 Seattle Citv Light
I 1 Parks/Rec. Deot. OWEST
Ica Fire Deot. 0 Water Dist.
MI Police Deot. 0 Sewer Dist.
0. co r r
("14
0l
PALL
i
,f A
S 33110 Si lTiTre
e 134n.
Ve•
4 "co
s 135TH ST
tiOA,
ST
V 5 F D P84I
BLACK -RIVE)?
RIPARIAN FQREST
PINY .1\ s
TN m ■---L,uhr-s
BAKER 4
BM a
S
City of Tukwila
Depaitntent of Public Works James E Morrow, P.E., Director
DATE: November 18, 2004.
TO: City of Tukwila Property Owners
FROM: Public Works Department
City of Tukwila
Attached is the Notice of Petition for Vacation of Street initiated by the City of Tukwila.
This notice informs local property owners of the proposed right -of -way vacation by the
City and of the public hearing on December 6, 2004, at City Hall Council Chambers.
The City conducts the public hearing to provide residents an opportunity to voice any
concerns or present any issues associated with this vacation.
Should you have questions prior to the public hearing, you may direct them to Mike
Cusick, Senior Engineer, at 206- 431 -2441.
Michael P. Cusick, P.
Steven M. Mullet, Mayor
RCW 35 79 CHAPTER Page 1 of 3
RCW SECTIONS
Chapter 35.79 RCW
STREETS VACATION
35.79.010 Petition by owners Fixing time for hearing.
35.79.020 Notice of hearing Objections prior to hearing.
35.79.030 Hearing Ordinance of vacation.
35.79.035 Limitations on vacations of streets abutting bodies of water Procedure.
35.79.040 Title to vacated street or alley.
35.79.050 Vested rights not affected.
RCW 35.79.010
Petition by owners Fixing time for hearing.
The owners of an interest in any real estate abutting upon any street or alley who may desire to vacate
the street or alley, or any part thereof, may petition the legislative authority to make vacation, giving a
description of the property to be vacated, or the legislative authority may itself initiate by resolution
such vacation procedure. The petition or resolution shall be filed with the city or town clerk, and, if the
petition is signed by the owners of more than two- thirds of the property abutting upon the part of such
street or alley sought to be vacated, legislative authority by resolution shall fix a time when the petition
will be heard and determined by such authority or a committee thereof, which time shall not be more
than sixty days nor less than twenty days after the date of the passage of such resolution.
[1965 c 7 35.79.010. Prior: 1957 c 156 2; 1901 c 84 1, part; RRS 9297, part.]
RCW 35.79.020
Notice of hearing Objections prior to hearing.
Upon the passage of the resolution the city or town clerk shall give twenty days' notice of the pendency
of the petition by a written notice posted in three of the most public places in the city or town and a like
notice in a conspicuous place on the street or alley sought to be vacated. The said notice shall contain a
statement that a petition has been filed to vacate the street or alley described in the notice, together with
a statement of the time and place fixed for the hearing of the petition. In all cases where the proceeding
is initiated by resolution of the city or town council or similar legislative authority without a petition
having been signed by the owners of more than two-thirds of the property abutting upon the part of the
street or alley sought to be vacated, in addition to the notice hereinabove required, there shall be given
by mail at least fifteen days before the date fixed for the hearing, a similar notice to the owners or
reputed owners of all lots, tracts or parcels of land or other property abutting upon any street or alley or
any part thereof sought to be vacated, as shown on the rolls of the county treasurer, directed to the
address thereon shown: PROVIDED, That if fifty percent of the abutting property owners file written
objection to the proposed vacation with the clerk, prior to the time of hearing, the city shall be
prohibited from proceeding with the resolution.
[1965 c 7 35.79.020. Prior: 1957 c 156 3; 1901 c 84 1, part; RRS 9297, part.]
RCW 35 79 CHAPTER Page 2 of 3
RCW 35.79.030
Hearing Ordinance of vacation.
The hearing on such petition may be held before the legislative authority, or before a committee thereof
upon the date fixed by resolution or at the time said hearing may be adjourned to. If the hearing is before
such a committee the same shall, following the hearing, report its recommendation on the petition to the
legislative authority which may adopt or reject the recommendation. If such hearing be held before such
a committee it shall not be necessary to hold a hearing on the petition before such legislative authority.
If the legislative authority determines to grant said petition or any part thereof, such city or town shall be
authorized and have authority by ordinance to vacate such street, or alley, or any part thereof, and the
ordinance may provide that it shall not become effective until the owners of property abutting upon the
street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does
not exceed one -half the appraised value of the area so vacated. If the street or alley has been part of a
dedicated public right -of -way for twenty -five years or more, or if the subject property or portions thereof
were acquired at public expense, the city or town may require the owners of the property abutting the
street or alley to compensate the city or town in an amount that does not exceed the full appraised value
of the area vacated. The ordinance may provide that the city retain an easement or the right to exercise
and grant easements in respect to the vacated land for the construction, repair, and maintenance of public
utilities and services. A certified copy of such ordinance shall be recorded by the clerk of the legislative
authority and in the office of the auditor of the county in which the vacated land is located. One -half of
the revenue received by the city or town as compensation for the area vacated must be dedicated to the
acquisition, improvement, development, and related maintenance of public open space or transportation
capital projects within the city or town.
[2002 c 55 1; 2001 c 202 1; 1987 c 228 1; 1985 c 254 1; 1969 c 28 4. Prior: 1967 ex.s. c 129 1; 1967 c 123 1;
1965 c 7 35.79.030: prior: 1957 c 156 4; 1949 c 14 1; 1901 c 84 2; Rem. Supp. 1949 9298.]
RCW 35.79.035
Limitations on vacations of streets abutting bodies of water Procedure.
(1) A city or town shall not vacate a street or alley if any portion of the street or alley abuts a body of
fresh or salt water unless:
(a) The vacation is sought to enable the city or town to acquire the property for port purposes, beach
or water access purposes, boat moorage or launching sites, park, public view, recreation, or educational
purposes, or other public uses;
(b) The city or town, by resolution of its legislative authority, declares that the street or alley is not
presently being used as a street or alley and that the street or alley is not suitable for any of the following
purposes: Port, beach or water access, boat moorage, launching sites, park, public view, recreation, or
education; or
(c) The vacation is sought to enable a city or town to implement a plan, adopted by resolution or
ordinance, that provides comparable or improved public access to the same shoreline area to which the
streets or alleys sought to be vacated abut, had the properties included in the plan not been vacated.
(2) Before adopting a resolution vacating a street or alley under subsection (1)(b) of this section, the
city or town shall:
RCW 35 .79 CHAPTER Page 3 of 3
(a) Compile an inventory of all rights of way within the city or town that abut the same body of water
that is abutted by the street or alley sought to be vacated;
(b) Conduct a study to determine if the street or alley to be vacated is suitable for use by the city or
town for any of the following purposes: Port, boat moorage, launching sites, beach or water access, park,
public view, recreation, or education;
(c) Hold a public hearing on the proposed vacation in the manner required by this chapter, where in
addition to the normal requirements for publishing notice, notice of the public hearing is posted
conspicuously on the street or alley sought to be vacated, which posted notice indicates that the area is
public access, it is proposed to be vacated, and that anyone objecting to the proposed vacation should
attend the public hearing or send a letter to a particular official indicating his or her objection; and
(d) Make a fording that the street or alley sought to be vacated is not suitable for any of the purposes
listed under (b) of this subsection, and that the vacation is in the public interest.
(3) No vacation shall be effective until the fair market value has been paid for the street or alley that
is vacated. Moneys received from the vacation may be used by the city or town only for acquiring
additional beach or water access, acquiring additional public view sites to a body of water, or acquiring
additional moorage or launching sites.
[1987 c 228 2.]
RCW 35.79.040
Title to vacated street or alley.
If any street or alley in any city or town is vacated by the city or town council, the property within the
limits so vacated shall belong to the abutting property owners, one -half to each.
[1965 c 7 35.79.040. Prior: 1901 c 84 3; RRS 9299.]
RCW 35.79.050
Vested rights not affected.
No vested rights shall be affected by the provisions of this chapter.
[1965 c 7 35.79.050. Prior: 1901 c 84 4; RRS 9300.]
City of Tukwila
City Council Regular Meeting Minutes
Page 2 of 6
November 15, 2004
d. Accept as complete the Cascade View Community Park construction contract with
Rodarte Construction, Inc.; authorize release of retainage subject to the standard claim
and lien release procedures.
e. Project Completions
1. Accept as complete the Duwamish Park Playground Equipment project with
Northwest Playground Equipment; authorize release of retainage subject to the
standard claim and lien release procedures (Final cost $38,976.78)
2. Accept as complete the Crystal Springs Park Playground Purchase and
Installation project with Sitelines Park and Playground Products; authorize
release of retainage subject to the standard claim and lien release procedures
(Final cost $49,153.07).
DUFFIE MOVED; HERNANDEZ SECONDED; TO APPROVE THE CONSENT AGENDA AS
PRESENTED. The motion carried 6 -0.
UNFINISHED BUSINESS:
a. A resolution setting a public hearing for request for vacation of a portion of Maule Avenue
from South 143' Place to South 144 Street
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
FIXING THE TIME FOR A PUBLIC HEARING FOR VACATION OF MAULE AVENUE
FROM SOUTH 143 PLACE TO SOUTH 144T" STREET
Jim Morrow, Director of Public Works, noted John Radovich is the applicant for this proposed street
vacation. The proposed public hearing date is December 6, 2004.
HERNANDEZ MOVED; DUFFIE SECONDED; TO HAVE THE PROPOSED RESOLUTION READ BY
TITLE ONLY. The motion carried 6 -0.
Shelley Kerslake, City Attorney, read the title of the proposed resolution.
DUFFIE MOVED; HERNANDEZ SECONDED; TO ACCEPT THE PROPOSED RESOLUTION AS
READ. The motion carried 6 -0.
APPROVED RESOLUTION #1564.
b. An ordinance providing uniform guidance to employees and elected officials on ethical
issues.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
ADOPTING A CODE OF ETHICS FOR CITY EMPLOYEES, FORMER CITY
EMPLOYEES, AND CITY OFFICIALS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE
DUFFIE MOVED; HERNANDEZ SECONDED; TO READ THE PROPOSED ORDINANCE BY TITLE
ONLY. The motion carried 6 -0.
Shelley Kerslake, City Attorney, read the title of the proposed ordinance.
HERNANDEZ MOVED; ROBERTSON SECONDED; TO ADOPT THE PROPOSED ORDINANCE AS
READ.*
Ms. Kerslake reported the proposed ordinance has been reviewed and approved by the Finance and
Safety Committee and the Committee of the Whole. Additionally, the City's bargaining units have
reviewed it. Those units made suggestions, which were incorporated into the proposed ordinance.
*Vote The motion to adopt the proposed ordinance as read carried 6 -0.
CATEGORY Discussion Motion
Mtg Date Mtg Date
SPONSOR'S
SUMMARY
Fund Source:
Comments:
EXPENDITURE REQUIRED
$N /A
MTG. DATE
9 -20 -04
10 -04 -04
10 -25 -04
11 -1 -04
MTG DAT E
12 -06 -0
NOTE:
COUNCIL AGENDA SYNOPSIS
Meeting Date
12/06/04
Initials
Prepared b"--\ 1 Mayor's review
si( 4Y
ITEM INFORMATION
CAS NUMBER: 04-130 I ORIGINAL AGENDA DATE: 9/20/04
AGENDA ITEM TITLE City Council Revisions to Planning Commission Recommended Sensitive Areas
Ordinance and supporting regulations.
Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&'R Police PW
Confirm revisions made to the draft Sensitive Areas Ordinance and other regulations at the
Council work session on November 23, 2004 and previos City Council meetings on 10/25
and 11/1.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 4/29/04; 5/13/04; 5/20/04; 6/10/04; 6/24/04; 7/22/04; 9/16/0
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMITTEE Planning Commission
COST IMPACT FUND SOURCE
AMOUNT BUDGETED
$N /A
ouncil review
AIL 1,r'
RECORD OF COUNCIL ACTION
ITEM NO.
APPROPRIATION REQUIRED
$N /A
Briefing on Natural Environment Chapter Sensitive Areas Ordinance revisions
Public Hearing on 2004 Amendments to Tukwila Comp. Plan regulations
Begin deliberations on Natural Environment Chapter regulations
Continue deliberations conclude deliberations on 11/23/04
ATTACHMENTS
Memo and Revised Draft Sensitive Areas Ordinance**
*Please bring notebook labeled "Natural Environment& Sensitve Areas Ordinance."
Sensitive Areas Ordinance is attached separately to your packets**
ISSUE
BACKGROUND
DISCUSSION
City of Tukwila
Department of Community Development Steve Lancaster, Director
INFORMATION MEMO
To: Mayor Mullet, Members of the City Council
From: Steve Lancaster, Director, Department of CommunitylDevelopment
Date: December 1, 2004
Subject: Draft Sensitive Areas Ordinance and Other Supporting Regulations
The City is required by the Growth Management Act to adopt a Comprehensive Plan and
regulations that incorporate Best Available Science.
Steven M. Mullet, Mayor
The Council met on November 23, 2004 for a work session to discuss both the questions raised
during its review of the Planning Commission recommended Sensitive Areas Ordinance and the
comments received at the public hearing on the draft ordinance.
The City Council concluded its revisions to the Planning Commission recommended Sensitive
Areas Ordinance review at its work session on November 23, 2004. The City Council has also
provided direction on revisions to the SAO at its meetings on October 25 and November 1, 2004.
One definition, "Wetland, Regulated," must be revised to reflect Council changes to the draft
sensitive areas ordinance. Council also directed that a revision be made to 18.70, the
Nonconforming Lots, Structures and Uses chapter, specifically to 18.70.050 2.
Attached to this memo are a strikeout/underline copy of the Draft Sensitive Areas Ordinance
reflecting the changes made by the Council, a clean copy of the Draft SAO in ordinance format
reflecting Council changes (the Whereas clauses are not drafted yet), Chapter 18.06, Definitions,
Chapter 18.50.110, and Chapter 18.70.050 2. for your review. The Chapters that are not in
Ordinance format as yet will be provided in your Council packets next week.
6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206 431 -3670 Fax: 206 431 -366
CAS NUMBER: 04-172
Fund Source:
Comments:
MTG. DATE
12/6/04
MTG. DATE
12/06/04
12/06/04
04-1
COUNCIL AGENDA SYNOPSIS
Initials
[Meeting Date Prepared by Mayor's review Council review
12/06/04 LL
ITEM INFORMATION
1 ORIGINAL AGENDA DATE: 10/04
AGENDA ITEM TITLE Review final changes to 2005 -2009 CIP and Fiinancial Planning Model
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 12/06/04 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S An adopting resolution and changes to the projects, funding, and Attachments are all
SUMMARY shown for your review. If they meet your approval, they will be ready for adoption
December 13
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte
Utilities Cmte Arts Comm. Parks Comm.
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN. Review changes for final adoption
COMMITTEE
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED
RECORD OF COUNCIL ACTION
ATTACHMENTS
Attachments °A -6 and CIP project summary
Draft Resolution
ITEM NO.
a 6)
Transportation Cmte
Planning Comm.
APPROPRIATION REQUIRED
To: Mayor City Council
C44
From: Alan Doerschel Kevin Fuhrer
Date: December 3, 2004
Subject: Summary of Adjustments for the 2005 -2010 Planning Model and Capital Plan
Revised Attachments AB CD E F G are provided to reflect the changes made after
the October 11, 2004 submittal.
The biggest changes were in Attachment A. There was an increase of $3.9 million in the
Planning Model by 2010. This was largely because of:
Sales Tax Increases
Permit Fees from Sound Transit
Real Estate Excise Tax increases
On the negative side, the Golf Course Fund will require an additional loan amount from the
General Fund of $250,000. This is reflected in the 2005 Budget and Planning Model.
REVENUES (See A -1)
General Revenues
Sales Tax
Property Tax
Utility Taxes
Gambling Taxes
Franchise Contract -SCL
Charges /Fees for Service
Trans. In -Other Funds
Intergovernmental Revenue
Other Taxes /Misc.
Cash Carryover
Subtotal
Dedicated Revenues (Capital)
Real Estate Taxes
Motor Vehicle Taxes
Interest Income
Property Tax
Parking Tax
Transfers From Golf Course
Subtotal
TOTAL REVENUE
AVAILABLE
EXPENDITURES
Operations Maintenance:
(See Attachment B)
Debt Service 1994
Debt Service 1999 2000
Bond Issue 2003
Admin /Engineering Overhead
Subtotal Available
Capital Attachment C
Neighborhood Revitalization
Residential Streets
Parks Trails
Economic Development
Bridges
Arterial Streets
General Government
Facilities
General Government
Subtotal Capital
Balance by Year
Carryover from 2004
ATTACHMENT A
CITY OF TUKWILA
TOTAL REVENUES EXPENDITURES
2005 -2010 Analysis in 000's
2005 2006 2007 2008 2009 2010 Totals
16,100 16,674 17,662 18,332 19,132 19,893
10,400 10,668 10,937 11,123 11,553 11,784
2,975 3,094 3,861 4,015 4,176 4,343
2,300 2,300 2,300 2,400 2,400 2,500
1,375 1,430 1,784 1,856 1,930 2,007
3,700 3,308 3,420 3,037 3,158 3,284
1,970 2,049 2,131 2,216 2,305 2,397
962 600 615 640 665 675
1,231 1,212 1,261 1,311 1,364 1,418
0 300 300 300 300 300
41,013 41,635 44,271 45,230 46,983 48,601
700 700 750 750 750 750
345 350 350 400 400 400
150 150 100 100 100 150
130 130 130 130 130 130
175 175 175 175 175 175
0 100 100 150 150 150
1,500 1,605 1,605 1,705 1,705 1,755 9,875
42,513 43,240 45,876 46,935 48,688 50,356
36,449 37,464 39,114 40,823 42,650 44,574
490 490 490 490 490 490
835 1,085 1,085 1,085 1,085 1,085
492 492 492 492 492 492
998 1,038 1,080 1,123 1,168 1,214
3,249 2,671 3,615 2,922 2,803 2,501
625 630 350 350 350 350
1,208 178 103 638 118 218
510 100 100 100 100 120
5,907 5,085 2,495 1,980 1,730 1,755
(3,020) 0 1,600 0 0 0
860 860 960 960 960 1,100
6,090 6,853 5,608 4,028 3,258 3,543
(2,841) (4,182) (1,993) (1,106) (455) (1,042)
18,601 0 0 0 0 0
Accumulated Totals 15,760 11,578 9,585 8,479 8,024 6,982
107,793
66,465
22,464
14,200
10,382
19,907
13,068
4,157
7,797
1,500
267,733
4,400
2,245
750
780
1,050
650
277,608
241,074
2,940
6,260
2,952
6,621
17,761
2,655
2,463
1,030
18,952
(1,420)
5,700
29,380
(11,619)
18,601
IV 12/03/04
Notes:
ATTACHMENT B
CITY OF TUKWILA
Notes to Operations Maintenance Expenditures
2005 -2010 Analysis in 000's
EXPENDITURES 2005 2006 2007 2008 2009 2010 Totals
City Council 230 241 251 261 271 282 1,536
Mayor, Boards 1,326 1,327 1,380 1,435 1,493 1,552 8,513
Administrative Services 1,414 1,486 1,555 1,623 1,694 1,769 9,541
Finance 1,525 1,601 1,673 1,748 1,827 1,909 10,283
City Attorney 393 412 429 446 464 482 2,626
Recreation 2,608 2,738 2,861 2,989 3,124 3,265 17,585
Parks 835 879 913 949 987 1,027 5,590
Community Development 2,556 2,375 2,482 2,594 2,710 2,832 15,549
Municipal Court 947 996 1,036 1,070 1,115 1,158 6,322
Police 10,735 11,200 11,700 12,210 12,760 13,350 71,955
Fire 8,536 8,758 9,152 9,563 9,994 10,444 56,447
Public Works 3,133 3,235 3,380 3,533 3,692 3,858 20,831
Street Maintenance 1,866 1,956 2,042 2,132 2,224 2,321 12,541
Dept. 20 Miscellaneous 345 260 260 270 295 325 1,755
TOTAL EXPENDITURES 36,449 37,464 39,114 40,823 42,650 44,574 241,074
Most departments are limited to an increase of 5.0% for 2006 and to a 4.0 -4.5% increase for the
years 2007 -2010 due to the expected increases in health care, retirement rates, and general
inflationary pressures. Most of the increases will be related to salaries and benefits. Moderate COLAS
are projected along with the normal annual step increases.
The Rainy Day contingency and the estimated ending fund balances are not shown here as budgeted
amounts because they are considered reserves to be used in emergencies.
VII
12/03/04
C City x��7���xmx Tukwila
Attachment of
CUP Project Cost 2005 2010 ^0k
Neiahborhood Revitalization
Project Page u000 u000 uoo7 0000 2009
Totals After Six
No. City Other i City Other um' Other City 1 Other City Other City Other i City Other Years
Parks mTrails/ESA 6 i
l f 1 i
pa�our�n
115 0
115 0
Cascade View Community Park 8 1 115 Tukwila City Pool 9 /r« 60 60 70 100 T�- 100 565 0 100
Rive Bend Hill 10 oo 650 0
70
r
�c wam��mwm�,Gamon 11 i 165 25 7n! 1 «m /»�1
12 620 205 100 550 i 100 100 1,370 mm,
Fort Dent Park 57th Ave 150 i i 0 150 150
Tukwila Pond Park w l i| 1 j I 0 o 500
Water Spray Park 15 1 T 0 0 200
16 i 0 0 30
Greenbelt Trails 1 0 0 90
r
i
Southgate Park Improvements 17 j 0 o mm
����~���k 19 1 o o 150 T��_ 0 o 6 4: r' 0 o zm
moovwa�amram .1_.
snuannomumneo�n��
wmmo'�nuovnoomau000mm 22 -r 33 i i �L� m 18 18 18 1 o 18 l 18 18 123 36
23 eo L 25 i
24 --1 i 0 0 197 L 0 -�nI
Southgate Creek Park Habitat II 25
am�momr�xoamo nemv,o
1 0 i 675
mv�onaam�n�om�� ...__L u q
uo 0 0
Riverton 0 o
Southgate L_- -L
1
Southgate
i�
31
Foster Riverbank 32 i 0 0 l�� �v~�.w"�"^=="`^="=
0 o� 2,047 Iumw�pvnnwo�,Quomy 33 1
ouum�/uvaoumo tuoo 438 /ro 693 103 93 mm 18 /m m mw /m 2,*63 1,378 7,58*
SUBTOTAL Total 1,6*6 Total 871 Total 196 Total 656 Total 136 Total 336 Total 3,841 7,584
12/2/2004
5R
Attachment C City of Tukwila
CIP Capital Improvement Program Project Cost 2005 2010 in 000's
Economic Development
12/2/2004
2006 2007 2008 2009
1 90
100 1 1.030 0 9,585
77- 9,465
Boeisq Access Rd Bridge BNRR i 37 1 90
100 1
100 1 4 i
FiNSF Reg. Center Access 38 I
100 1 1 i 0
Subtotal by Source 510 1 0
SUBTOTAL Total 510 Total 100 Total 100 Total 100 Total 100 Total 120 Total 1,030 9,585!
0 0 0 0 0
Attachment C City of Tukwila
CIP Project Cost 2005 2010 in 000's
Economic Develooment
12/2/2004
Project Page 2035 2006 2037 2008 2009 Totals After Six
No. City Other City 1 Other City Other City 1 Other City 1 Other City Other City Other Years
Commercial Streets 39
r _L
r
i
Southcenter Pkwy (S180 S 2001_ 40 1 104 277 1 1,000 18,500 1 1 th
i 1,104 18,777
7,675
S 178th Realignment 41 I
kiickitat/S/C pkwy/1-5 A 42 475 525 L 175 F 825 475 1,000 350 1,150 1 9,500 1 7,500 1 1,475 ?0599
Tuk Intl I■id Phase 1_038 -152) 43 I 850 850 0
Tuk Int, Blvd Phase II (116 r 44 110 4,276 i 1,286 4,200 1 1,396 8,476
TUknr1 Blvd Phase III (132 -138) 45 T 160 1,640 645 I 4,690 i
i 805 6,330
S 144th StPriaie I (TIB Military)I 46 2,068 1,016 1 2,068 1,016
S 144th St Phase II (42nd TIB) 47 220 385 753 I
r 605 753
Annual Overlay and Repair 48 1,391 1,250 1,250 1,400 1 i 1,401 1,400
0 1400
Traffic Signal Interconnect 49 470 190 244 756 i 8,091
714 946 2,400
InterurbanIS 143-Fort Dent Wy) 50 62 396
I
62 396 5,792
Green River Valley Signal Coor. 51 17 167
L 17
1,060 167
Annual Traffic Signal Program 52 140 140 i
i 185 195 200
4-H--- 200 0 205
Tukwila Urban Center Master Plar 53 I 60 I 60 0
Tukwila Urban Center Transit Cntt 54 I 650 1 T
0 3,550
Andover Pk W (Tuk Pkwy Str.) 55 100 2,900
7,000 41 100 0 700
S 144th St Bridge- Sidewalks 56 l i 1 25 1 25
0
X Southcenter Blvd (1-5 to TIB) 57 1 r 600 I,
0 7,600
Andover Pk E/Minkler Blvd 58 1
7. 200 I 200 0
E. Marginal Wy (BAR -S 112 St) 59 I I-
35 1 4 t
W Valley F11,5t/S 156th Intersectior 60 125 600 125 60 0 1,920
0 i
S 133rd St/SR599 Intersection 61 I I 5 25 I 45 275 50
300
Minkler Blvd (APW S/C Pkwy) 62
425
I 0
425
APE/ Iiidditg Intersection 63
r T. L L I 30 190 1 30 19
i
S iioikidoyer Pk W Intersection 64 -J,- I 80 130 80 130
8168th St (S/C Pki APE) 65 1 I 0 0 13,700
Southcenter Blvd (1-5 sist Ave B 66 L
I
I i 4
0 0 10,200
Tuk Int Blvii/S 116th On Rarnp 61 I
Tuk Intl Blvd (BAR S 116th Wy, 68 t J. I 0 0 3,000
West Valley (I-405-Strander Blvd) I 69 H I 0 0 580
Rockery Replacement Program 70
1 I 1 I
Nelsen Place (S 158di S 156thl 71 7 1 1 0 0 200
r
S 143 St (Interurban-Duwamish) 72 0 0 100
S 134 St (S 133 St 48 Ave S) 73 1 h, 1 0 0 100
Strander Ext. to SW 27 St 74 i 0 0
Subtotal by Source 5.907 9.137 5,085 1 36.646 2.495 2,353 1,980 11,050 1,730 1 10,125 1,755 8,520 18,952 77,831 45,497
SUBTOTAL Total 15,044 Total 41,731 Total 4,848 Total 13,030 Total 11,855 Total 10,275 Total 96,783 45,497
CIP Capital Improvement Program Cost 2005 - 2010
ATTACHMENT D
City of Tukwila
WATER ENTERPRISE FUND
2005 -2010 Analysis in 000's
REVENUES 2005 2006 2007 2008 2009 2010 Totals
Monthly Water Charges (1) 3,975 4,000 4,100 4,100 4,150 4,150 24,475
Other Miscellaneous Revenue (2) 154 160 165 165 170 170 984
Public Works Trust Fund (3) 1,322 0 0 0 0 0 1,322
Mitigation 0 215 75 0 0 0 290
Water Connection Fees (4) 20 30 30 100 100 100 380
Beginning Working Capital 4,990 0 0 0 0 0 4,990
Total Revenues 10,461 4,405 4,370 4,365 4,420 4,420 32,441
EXPENDITURES 1
Water Operations Maintenance 2,889 2,976 3,065 3,156 3,200 3,250 18,536
Debt Service (6) 709 740 487 495 500 500 3,431
Subtotal 3,598 3,716 3,552 3,651 3,700 3,750 21,967
Water Capital CIP Program (7) 2,966 450 1,659 1,400 698 95 7,268
Total Expenditures 6,564 4,166 5,211 5,051 4,398 3,845 29,235
Cash Flow Year by Year 3,897 239 (841) (686) 22 575 3,206
Accumulated Totals 3,897 4,136 3,295 2,609 2,631 3,206
XII
12/2/2004
REVENUES
Total Revenues
EXPENDITURES
ATTACHMENT E
City of Tukwila
SEWER ENTERPRISE FUND
2005 -2010 Analysis in 000's
2005 2006 2007 2008 2009 2010 Totals
Monthly Sewer Charges (1)
King County Metro Sewer 2,640 2,640 2,680 2,750 2,750 2,775 16,235
Regular City Sewer 1,000 1,165 1,195 1,363 1,383 1,546 7,652
Other Misc. Revenue (2) 125 130 130 135 140 145 805
Public Works Trust Fund (3) 2,508 0 0 0 0 0 2,508
Bond Proceeds (4) 0 0 0 0 0 3,500 3,500
Sewer Connection Fees (5) 50 70 100 150 150 150 670
Beginning Working Capital 2,000 0 0 0 0 0 2,000
8,323 4,005 4,105 4,398 4,423 8,116 33,370
Sewer Operations Maintenance
King County Metro Sewer (6) 2,648 2,648 2,688 2,775 2,775 2,785 16,319
Regular City Sewer (7) 881 921 962 1,005 1,050 1,097 5,916
Debt Service (8) 36 150 250 250 250 250 1,186
Subtotal 3,565 3,719 3,900 4,030 4,075 4,132 23,421
Sewer Capital CIP Program 3,575 670 270 555 355 3,650 9,075
Total Expenditures 7,140 4,389 4,170 4,585 4,430 7,782 32,496
Cash Flow Year by Year 1,183 (384) (65) (187) (7) 334 874
Accumulated Totals 1,183 799 734 547 540 874
XIV
,2,2/2004
ATTACHMENT F
City of Tukwila
SURFACE WATER ENTERPRISE FUND
2005 -2010 Analysis in 000's
REVENUES 2005 2006 2007 2008 2009 2010 Total
Annual Billings (Current) (1) 1,820 2,184 2,200 2,550 2,575 3,100 14,429
Other Revenues (2) 108 70 70 75 75 75 473
Public Works Loan (PWTF) (3) 3,902 210 0 0 0 0 4,112
Sale of Surplus Property (4) 670 0 0 0 0 0 670
Transfer from 103 104 Funds (5) 720 1,280 0 0 0 0 2,000
Beginning Working Capital 3,006 0 0 0 0 0 3,006
Total Revenues 10,226 3,744 2,270 2,625 2,650 3,175 24,690
EXPENDITURES 1
Operations Maintenance (5) 1,041 1,082 1,125 1,170 1,217 1,265 6,900
Debt Service (7) 114 250 370 380 380 380 1,874
Engineering Labor (8) 0 0 90 90 95 100 375
Subtotal 1,155 1,332 1,585 1,640 1,692 1,745 9,149
SSWM Capital CIP Program (9) 7,057 2,196 1,257 1,134 1,617 690 13,951
Total Expenditures 8,212 3,528 2,842 2,774 3,309 2,435 23,100
Cash Flow Year by Year 2,014 216 (572) (149) (659) 740 1,590
Accumulated Totals 2,014 2,230 1,658 1,509 850 1,590
XVI
12/2/2004
Total Revenues
EXPENDITURES
ATTACHMENT G
City of Tukwila
GOLF ENTERPRISE FUND
2005 -2010 Analysis in 000's
REVENUES 2005 2006 2007 2008 2009 2010 Total
Green Fees (1) 1,252 1,450 1,550 1,650 1,750 1,880 9,532
Concession Proceeds (2) 130 145 150 160 160 165 910
Merchandise Sales 175 190 195 200 205 220 1,185
Sales Tax (3) 230 230 230 230 0 0 920
Power Cart Rentals 120 140 140 145 145 150 840
Other Revenue (4) 139 145 150 160 85 90 769
Beginning Working Capital 51 0 0 0 0 0 51
2,097 2,300 2,415 2,545 2,345 2,505 14,207
Operations Maintenance 1,387 1,442 1,500 1,560 1,622 1,687 9,198
Debt Service (5) 624 624 624 624 395 395 3,286
Payback to General Fund (6) 100 100 150 150 150 650
Subtotal 2,011 2,166 2,224 2,334 2,167 2,232 13,134
Golf Capital CIP Program 14 120 170 170 170 230 874
Total Expenditures 2,025 2,286 2,394 2,504 2,337 2,462 14,008
Cash Flow Year by Year 72 14 21 41 8 43 199
Accumulated Totals 72 86 107 148 156 199
XVIII
12/212004
A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF
TUICWILA, WASHINGTON, ADOPTING THE 2005 -2010 FINANCIAL
PLANNING MODEL AND THE CAPITAL IMPROVEMENT
PROGRAM FOR GENERAL GOVERNMENT AND THE CITY'S
ENTERPRISE FUNDS.
WHEREAS, when used in conjunction with the annual City budget, the Capital
Improvement Program (CIP) and the Financial Planning Model for the period 2005 -2010 are
resource documents to help plan directions the City will consider for the future; and
WHEREAS, the Financial Planning Model and CO' are not permanent fixed plans, but are
rather guidelines or tools to help reflect future goals and future resources at the time annual
budgets are being planned; and
WHEREAS, the commitment of funds and resources can only be made through the annual
budget process;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The 2005 -2010 Financial Planning Model and accompanying Capital
Improvement Program are hereby adopted.
Section 2. The assumptions, revenues and expenditures will be reviewed and updated
annually or as necessary by the City Council.
Section 3. The detail of CIP projects will be reflected in the published Financial Planning
Model and Capital Improvement Program 2005 -2010.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 2004.
ATTEST /AUTHENTICATED: Jim Haggerton, Council President
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By
Office of the City Attorney
c)
l
JU ft
2005-2010 Financial Planning Model du' 12/3/04 Page 1 of 1
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
CAS NUMBER: 04-149
Fund Source:
Comments:
MTG. DATE 1
12/06/04 1
MTG. DATE
12/06/04
04 -149
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date Prepared by Mayor's review Council review
12/06/04 LL
ITEM INFORMATION
AGENDA ITEM TITLE Review of Final Changes to 2005 Budget
10RIGINAL AGENDA DATE: 12/06/04
(Ref. 10/25/04)
CATEGORY Discussion Motion Resolution Ordinance BidAsvard Public Hearing Other
Mtg Date Mtg Date Mtg Date Mtg Date 12/6/04 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW/
SPONSOR'S Review changes in 2005 Budget and recommend adoption December 13
SUMMARY
Transportation Cmte
Planning Comm.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte
Utilities Cmte Arts Comm. Parks Comm.
DATE: 10/25/04-11/29/04
RECOMMENDATIONS:
SPONSOR /ADMIN. Review budget changes for adoption of budget December 13
COMMI'I`I'EE N/A
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED
RECORD OF COUNCIL ACTION
ATTACHMENTS
Draft Ordinance Adopting 2005 Budget
ITEM NO.
S a
APPROPRIATION REQUIRED
2005 BUDGET ADJUSTMENTS
GENERAL FUND -000
Revenues:
p. 2 Est. Beg. Unres. Fund Balance 291 740 $1,377,000
p. 2 Local Retail Sales Use Tax 313 100 300,000
p. 2 CDBG Grant Nutrition/Day Care 333 140 2,274
p. 2 CDBG Grant Housing Needs Assess 333 140 1,914
p. 2 Fed. Grant: Longacres C/O 333 200 132,000
p. 2 Fed. Grant: Fire Act 333 84,000
p. 2 Homeland Security Fed. Grant Fire 333 5,700
p. 2 Homeland Security Fed.UASI 333 68,700
p. 2 Homeland Security Fed. ODPFFY04 333 29,000
p. 2 NFIRS State Grant 334 7,000
p. 2 Homeland Security Fed. Grant Police 333 5,700
p. 4 Plan Checking Fees 345 830 500,000
p. 4 Confiscation Forteited Property 369 300 65,000
Total Revenues 2,578,288
Administration
p. 30 Neighborhood Revitalization 40 $60,000
Potential Funding for Code Enforcement
Traffic Calming Efforts
p. 34 Housing Needs Assessment Grant 40 1,914
DCD
p. 74 Salaries Wages TOD Project 10 $14,000
p. 74 Supplies TOD Project 30 1,000
p. 74 Professional Services TOD Project 40 177,000
Carryover TOD Grant Funding
p. 74 CTR Correction 40 10,000
p. 74 CTR Corrections 50 10,000
p. 74 Capital Outlays Aerial Map 60 2,000
Police
p. 86 Capital Outlays Homeland Security 60 5,700
p. 92 Capital Outlays -Grant Confiscations C/O 60 60,000
Fire
New 2004 Grants Homeland Security
p. 102 Fire Act State NFIRS 60 195,000
Public Works
p. 126 Capital Outlays Aerial Map 60 $3,500
Fund Balance
p. 134 Est. Ending Fund Balance 291 840 2,058,174
Total Expenditures $2,578,288
STREET -103
Expenditures:
p. 138 Capital Outlays 60 450,000
Other Transfer to 412 Fund 597 000 450,000
Net Change $0
Transfer to 412 Fund Cascade View Project
ARTERIAL STREET 104
Revenues:
p. 8 Est. Beg. Unres. Fund Balance 291 740 $583,000
P. 8 Fed. Grant Green River Sig. 333 200 67,000
p. 8 Fed. Grant S/C Parkway 333 202 38,000
p. 8 Fed. Grant Traffic Sig. Inter. 333 202 10,000
P. 8 Fed. Grant Interurban Ave. S. 333 203 22,000
p. 8 State Grant TIB Phase III 334 030 75,000
Net Change $795,000
Expenditures
p. 140 Boeing Access Road 40 10,000
p. 141 Traffic Signal Interconnect 40 20,000
p. 141 S 144 St. TIB Military 40 30,000
p. 141 S 144 St. TIB Milita 60 194,000
p. 141 Interurban Ave. S. (S. 143 Fort Dent) 40 25,000
p. 141 TIB Phase III 40 75,000
p. 141 S. 178 St. Realignment 40 175,000
p. 141 Southcenter Parkway (S. 180 /SCL) 40 41,000
p. 141 Annual Repair Overlay 40 25,000
p. 141 Annual Repair Overlay 60 21,000
p. 141 Green River Valley Signals 60 68,000
p. 141 Transfer to 412 Fund (Cascade View) 597 270,000
p. 141 Est. Ending Fund Balance 291 840 191,000
Net Change $795,000
LAND ACQ. REC. PARK DEVEL: 301
Revenues:
p. 12 Est. Beg. Unres. Fund Balance 291 740 $260,000
Expenditures:
p. 151 Fort Dent Park C/O Eng. 40 $30,000
P. 151 Fort Dent Park C/O Cons. 60 70,000
p. 151 Est. Ending Fund Balance 291 840 160,000
Total Expenditures $260,000
FACILITY REPLACEMENT -302
Revenues:
p. 12 Est. Beg. Unres. Fund Balance 291 740 $274,000
Expenditures:
p. 152 Tukwila Village C/O Land 60 $308,000
p. 152 Connectivity Project 40 25,000
p. 152 Est. Ending Fund Balance 291 840 59,000
Total Expenditures $274,000
GENERAL GOVERNMENT -303
Revenues:
p. 14 Est. Beg. Unres. Fund Balance 291 740 $300,000
Minor Home Repair 333 2,000
Total Revenues $302,000
Expenditures:
p. 154 General Gov't. Project C/O 40 $60,000
p. 154 General Gov't. Project C/O 60 300,000
Tukwila Minor Home Repair air 00 2,000
p. 154 p
p
p. 154 Est. Ending Fund Balance 291 840 60,000
Total Expenditures $302,000
WATER -401
Revenues:
p. 14 Est. Beg. Working Capital 293 700 $588,000_
Expenditures:
p. 156 Transfer to 403 Fund 597 000 659,000
p. 156 Est. Ending Working Capital 293 800 71,000
Total Expenditures $588,000
SEWER-402
Revenues:
p. 16 Est. Beg. Working Capital 293 700 $704,000
Expenditures:
p. 158 Transfer to 403 Fund 597 000 227,000
p. 158 Est. Ending Working Capital 293 800 931,000
Total Expenditures $704,000
WATER/SEWER CONSTRUCTION -403
Revenues:
p. 16 Est. Beg. Working Capital 293 700 519,000
Public Works Trust Fund Loans 382 1,197,000
Transfer In Water 397 659,000
Transfer In Sewer 397 227,000
Total Revenue $1,110,000
Expenditures:
p. 160 Maule Ave. Water Main 60 $121,000
SC Blvd. Main Replace 40 15,000
SC Blvd. Main Replace 60 15,000
Allentown/Foster Point Water System 60 300,000
58` Ave. S. Main Replace 60 60,000
Campbell Hill Water Line 60 93,000
Allentown/Foster Point Sewer 40 125,000
Allentown/Foster Point Sewer 60 339,000
Est. Ending Working Capital 00 42,000
Total Expenditures $1,110,000
FOSTER GOLF COURSE -411
Revenues:
p. 18
Expenditures:
p. 164
SURFACE WATER -412
Revenues:
p. 18
p. 18
p. 18
p. 18
Expenditures:
p. 169
p. 169
p. 169
p. 169
EQUIPMENT RENTAL -501
Revenues:
p. 20
Expenditures:
p. 173/175
p. 173
INSURANCE -502
Revenues:
p. 20
p. 20
Expenditures:
p. 176
INSURANCE -503
Revenues:
p. 20
p. 20
Expenditures:
p. 177
p. 177
Est. Beg. Working Capital
Est. Ending Working Capital
Est. Beg. Unres. Fund Balance
Public Works Trust Fund Loan
Transfer In —103 Fund
Transfer In —104 Fund
Total Revenues
Annual Drainage Program
Allentown/Foster Point Drainage
Cascade View Drainage Imp.
Est. Ending Working Capital
Total Expenditures
Est. Beg. Working Capital
Capital Outlays 501/02
Est. Ending Working Capital
Net Change
Est. Beg. Working Capital
Trust Contributions Employer
Total Revenue
Personnel Benefits
Est. Ending Working Capital
Total Expenditures
Est. Beg. Working Capital
Trust Contributions Employer
Transfer In 502 Fund
Total Revenues
Personnel Benefits
Est. Ending Working Capital
Total Expenditures
293 700 $48,000
293 800 $48,000
293 700 $502,000
333 228,000
397 450,000
397 270,000
$1,450,000
60 $313,000
60 100,000
40 53,000
00 984,000
$1,450,000
293 700
60
293 800
293 700
366 500
517
293 800
293 700
366 500
597 000
517
293 800
$24,000
$33,000
-9,000
$24,000
553,000
120,000
673,000
194,000
479,000
673,000
$617,367
28,000
80,000
509,367
154,000
663,367
509,367
TAIT7
AN ORDINANCE OF THE Ci I Y COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING THE ANNUAL BUDGET
OF THE CITY OF TUKWILA FOR THE FISCAL YEAR 2005;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the preliminary budget of the City of Tukwila for the year was timely
submitted to the City Council; and
WHEREAS, a public hearing on the proposed budget was advertised and held on
November 22, 2004;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The budget on file with the City Clerk entitled "City of Tukwila Budget,
2005," is hereby adopted by reference as though fully set forth in accordance with RCW
35A.33.075.
Section 2. The totals of the estimated revenues and appropriations for each separate
fund, and the aggregate totals are as follows:
FIND EXPENDITURES REVENUES
000 General $44,501,288 $44,501,288
101 Hotel /Motel Tax 1,404,000 1,404,000
102 Valley Narcotics Enforcement Team (VNET) 758,000 758,000
103 City Street 990,000 990,000
104 Arterial Street 17,172,000 17,172,000
105 Contingency 784,000 784,000
107 Fire Equipment Cumulative Reserve 610,000 610,000
207 Limited Tax G.O. Bonds, 1999 1,226,000 1,226,000
208 Limited Tax G.O. Bonds, 2000 401,000 401,000
209 Limited Tax G.O. Bonds, 2003 566,000 566,000
210 Limited Tax G.O. Refunding Bonds, 2003 788,000 788,000
301 Land Acquisition, Recreation Park Develpmt. 2,512,000 2,512,000
302 Facility Replacement 5,675,000 5,675,000
303 General Government Improvements 1,562,000 1,562,000
401 Water 9,139,000 9,139,000
402 Sewer 5,815,000 5,815,000
403 Water /Sewer Construction 7,851,000 7,851,000
404 Water /Sewer Revenue Bonds 688,579 688,579
405 Bond Reserve 577,587 577,587
411 Foster Golf Course 2,097,000 2,097,000
412 Surface Water 10,058,000 10,058,000
501 Equipment Rental 4,682,000 4,682,000
502 Insurance Fund 3,774,000 3,774,000
503 Insurance LEOFF 1 Fund 1,049,367 1,049,367
611 Firemen's Pension 1,355,000 1,355,000
TOTAL ALL FUNDS COMBINED
Budget 2005 12/3/04
Page 1 of 2
$126,035,821 $126,035,821
Section 3. A complete copy of the final budget for 2005, as adopted, together with a copy
of this adopting ordinance shall be transmitted by the City Clerk to the Division of Municipal
Corporations of the Office of the State Auditor and to the Association of Washington Cities.
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.
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 and effect five (5)
days after passage 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 2004.
ATTEST /AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Budget 2005 12/2/04 Page 2 of 2
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Steven M. Mullet, Mayor
CAS NUMBER: 04-174
Meeting Date Prepared by
12/06/04 KAF
AGENDA ITEM TITLE 2004 Proposed Budget Amendments
EXPENDITURE REQUIRED
$See attached Ordinance
Fund Source:
Comments:
12/6/04
COUNCIL AGENDA SYNOPSIS
Initials
Mayo „Council review
1%1)
ITEM' INFORMATION
I ORIGINAL AGENDA DATE: 12/6/04
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date Mtg Date Mtg Date 12/6/04 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD El Finance Fire Legal P&R El Police PW
SPONSOR'S Attached is the Budget Amendment worksheet of changes.
SUMMARY
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte El Arts Comm Parks Comm. Planning Comm.
DATE: 12/6/04
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve as submitted
COMMITTEE Finance Safety Committee on December 6, 2004
AMOUNT BUDGETED
ATTACHMENTS
Staff Report dated December 1, 2004
Proposed 2004 Budget Amendment Ordinance
ITEM No.
3 a (3)
APPROPRIATION REQUIRED
GENERAL FUND -000
Revenues:
p. 2 CDBG Grant Housing Needs Assess 333 140 $12,587
Fed. Grant Fire Act 333 111,000
Homeland Security Fed. Grant Fire 333 117,180
Homeland Security Fed. Grant Police 333 111,000
NFIRS State Grant 334 21,000
Total Revenues $372,767
New Grants added during 2004
Expenditures:
2004 BUDGET ADJUSTMENTS
Staff Report
Administration 2004
p. 34 'Mousing Needs Assessment Grant 40 12,587
City Attomev
p. 56 Special Matters Legal Services 40 $60,000
Extraordinary Legal Costs Regarding
Lawsuits, etc.
Police
p. 86 Capital Outlays Homeland Security Grant 60 $111,000
Fire
p. 102 Capital Outlays Homeland Security 60 $249,000
Fire Act State Grants
p. 102 Salaries Wages Overtime 10 150,000
p. 102 Personnel Benefits 20 80,000
Contributions Fund Balance
p. 134 Transfer to 501 Fund 00 70,000
Confiscation Funds for Police Car Upgrades
p. 134 Est. Ending Unres. Fund Balance 00 359,820
Total Expenditures $372,767
EQUIPMENT RENTAL -501
Revenues:
p. 20 Transfers In from General Fund 00 $70,000
Police Car Upgrades
Expenditures:
p. 173 Est. Ending Working Capital 00 $70,000
Use of Police Confiscation Revenues
INSURANCE -502
Revenues:
p. 20 Trust Contributions Employer 366 430,000
Expenditures:
p. 176 Transfers Out 503 Fund 397 457,367
p. 176 Personnel Benefits 517 270,000
Est. Ending Working Capital 00 617,367
Total Expenditures 430,000
INSURANCE LEOFF I -503
Revenues:
p. 20 Transfer In 502 Fund 397 $457,367
p. 20 Trust Contributions Employer 366 430,000
Total Revenues $887,367
Expenditures:
p. 177 Personnel Benefits 517 $270,000
Est. Ending Working Capital 00 617,367
Total Expenditures $887,367
The above adjustments for the 502 and 503 Funds reflect the revised equity transfers for the
respective Funds. Also, it reflects the Budget for each Fund for the entire 2004 year.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING THE 2004 BUDGET ADOPTED BY ORDINANCE
NO. 2036, PROVIDING FOR UNANTICIPATED REVENUE TRANSFERS, AND
EXPENDITURES IN THE GENERAL, EQUIPMENT RENTAL, INSURANCE,
AND INSURANCE LEOFF -I FUNDS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the General Fund received several unanticipated grants during 2004, and
several expenditure items required additional funding; and
WHEREAS, the Equipment Rental Fund requires additional funding for police car
purchases; and
WHEREAS, the Insurance Fund and newly established Insurance LEOFF 1 Fund
require transfers of assets and budget for the 2004 budget year;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The following program categories in the 2004 budget, as adopted by
Ordinance No. 2036, are hereby amended to read as follows:
GENERAL FUND 000
Revenues:
CDBG Grant Housing Needs Assessment 333 000 00 $12,587
Federal Grant Fire Act 333 000 00 111,000
Federal Grant Homeland Security -Fire 333 000 00 117,180
Federal Grant Homeland Security -Police 333 000 00 111,000
State Grant NFIRS 334 000 00 21,000
Total Revenues 372.767
Expenditures:
Administration
Housing Needs Assessment Grant 557 20140 $12587
City Attorney
Special Matters Legal Services 515 200 40 60,000
Police
Capital Outlays Homeland Security 594 212 60 111,000
Fire
Capital Outlays Grants 594 222 60 249,000
Salaries Wages Overtime Suppression 522 20010 150,000
Personnel Benefits 522 200 20 80,000
Contributions /Fund Balance
Transfers -Out to 501 Fund 597 000 00 70,000
Estimated Ending Unres. Fund Balance 291 840 00 (359,820)
Total Expenditures 72 767
EQUIPMENT RENTAL FUND 501
Revenues:
Transfers -In from General Fund 397 000 00 $70.000
Expenditures:
Estimated Ending Working Capital 293 800 00 $70.000
Budget Amendment 2004 12/3/04 Page 1 of 2
INSURANCE 502
Revenues:
Trust Contributions Employer 366 500 00 ($430.000)
Expenditures:
Transfers -Out to 503 Fund 597 000 00 $457,367
Personnel Benefits 517 370 00 (270,000)
Estimated Ending Working Capital 293 800 00 (617,367)
Total Expenditures
($13M00)
INSURANCE LEOFF I 503
Revenues:
Transfers -In from 502 Fund 397 000 00 $457,367
Trust Contributions Employer 366 500 00 430,000
Total Revenues $887.367
Expenditures:
Personnel Benefits 517 370 00 $270,000
Estimated Ending Working Capital 293 800 00 617.367
Total Expenditures $037,3_67
Section 2. Ordinance No. 2036 is hereby amended by revising the summary of totals of
estimated revenues and appropriations and the aggregate total to reflect the foregoing
increases in revenues and appropriations as set forth in Section 1 of this ordinance.
Section 3. The Finance Director is hereby authorized and instructed to effectuate the
necessary changes in the 2004 budget, and to make all necessary and appropriate line item
entries and adjustments in order to reflect the increases to revenues and appropriations as set
forth in this ordinance.
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.
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 and effect five (5)
days after passage 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 2004.
ATTEST /AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Budget Amendment 2004 12/3/04 Page 2 of 2
Steven M. Mullet, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
CAS NUMBER: 04-175
CATEGORY
SPONSOR
SPONSOR'S
SUMMARY
EXPENDITURE REQUIRED
$Approximatly 5,000
Fund Source: MAYOR'S DISCRETIONARY FUNDING
Comments:
12/6/04
COUNCIL AGENDA SYNOPSIS
Meeting Date Prepared by
12/06/04 ARD
Discussion Motion Resolution
Mtg Date Mtg Date 12/6/04 Mtg Date
Council Mayor Adm Svcs DCD
Initials
Mayor's review
t
EM INFORMATION
AGENDA ITEM TITLE Interlocal Agreement with City of Kent
Interlocal Agreement is necessary to protect the Sales Tax Revenue in Tukwila.
See Staff Report.
REVIEWED BY COW Mtg. CA &P Cmte
Utilities Cmte Arts Comm.
DATE: 12/6/04
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve as Presented
COMMTFI'hE N/A
AMOUNT BUDGETED
I ORIGINAL AGENDA DATE: 12/6/04
F &S Cmte
Parks Comm
(^Corul review
IAN
V ENTS
Staff Report from Alan Doerschel dated December 2, 2004
Proposed Interlocal Agreement
IrEMNo.
Bb
Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date Mtg Date Mtg Date
Finance Fire Legal P&'R Police PW
Transportation Cmte
Planning Comm.
APPROPRIATION REQUIRED
To: Mayor Tukwila City Council
From: Alan R. Doerschel
Date: December 2, 2004
Subject: Interlocal Agreement Regarding Streamline Sales Tax Project
The attached Interlocal Agreement is necessary to provide a coordinated response related
to the maintenance of certain Cities Sales Tax generation ability. Approximately forty
cities with attached group in the Interlocal Agreement being the principal players have
been working for nearly two years to fashion a strategy that would protect our respective
Sales Tax base.
The Interlocal Agreement will allow us to generate resources to lobby for legislative
relief. The potential negative impact on Tukwila is huge. This Interlocal is essential to
provide a coordinated response.
The City Attorney and WCIA have received this Interlocal Agreement and they have no
problem with this document.
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KENT AND THE CITIES OF AUBURN,
BOTHELL, BURLINGTON, COLLEGE PLACE, EVERETT,
ISSAQUAH, OLYMPIA, PUYALLUP, REDMOND, RENTON,
SEDRO WOOLEY, TUKWILA, AND WOODINVILLE,
REGARDING PAYMENT AND SUPERVISION FOR SALES TAX
SOURCING LOBBYIST SERVICES
THIS INTERLOCAL A GREEMENT "Agreement) i s e ntered i nto b etween t he
CITY OF KENT, "Kent and the Cities of AUBURN, BOTHELL, BURLINGTON,
COLLEGE PLACE, EVERETT, ISSAQUAH, OLYMPIA, PUYALLUP, REDMOND,
RENTON, SEDRO WOOLEY, TUKWILA, WOODINVILLE, and other cities that later
join this Agreement (collectively, the "cities
RECITALS
1. The cities are public agencies as defined by Ch. 39.34 of the Revised Code
of Washington, and may enter into interlocal agreements on the basis of mutual
advantage to provide services and facilities in the manner and pursuant to forms of
governmental organization that will accord best with geographic, economic, population,
and other factors influencing the needs and development of local communities.
2. The cities have determined that proposed legislation intended to be
presented to the state legislature in 2005, commonly referred to as "Sales Tax
Streamlining" "SST legislation, poses a real economic threat to their tax structure and
revenue base.
3. The potential revenue loss that this legislation may cause is so severe that
the cities have determined to hire one or more lobbyists to monitor SST legislation and to
assist the cities to develop and propose alternative legislation.
NOW THEREFORE, in consideration of the terms and provisions contained
herein, the cities agree as follows:
SST LOBBYIST INTERLOCAL AGREEMENT Page 1 of 11
AGREEMENT
4. Purpose. It is the purpose of this Agreement to collectively pay for the
lobbying services needed to represent the cities' interests in any proposed SST
legislation.
5. Duration. This Agreement will take effect on the last date entered under
the signature blocks listed at the end of this Agreement. Unless terminated by any party
in accordance with Section 8, Termination, this Agreement shall remain in full force and
effect for not more than three (3) years. This Agreement may be extended by mutual
written agreement of the parties.
6. Administration of Agreement. Kent will administer this Agreement to
carry out its purpose. Kent, through an independent contractor, will provide the lobbying
services addressed in this Agreement, and will be responsible for compliance with all
laws, rules, and regulations, specifically including, without limitation, complying with all
reporting requirements of the Washington State Public Disclosure Commission. A
general description of these services is attached and incorporated as Exhibit A.
7. Payment. In consideration of this Agreement and the administrative
services provided by Kent, each participating city will pay Kent its proportionate share
for lobbying services obtained by Kent.
7.1 The proportionate share of each city shall be equal to the
proportionate share of all other participating cities regardless of the city's
population.
7.2 The projected quarterly cost of services described in Exhibit A is
$25,800, which amount includes maximum allowable reimbursement expenses.
There are currently fourteen (14) cities that wish to participate in this Agreement.
Therefore, based upon the current estimate of the quarterly cost of services, and
the number of cities currently participating in this Agreement, each city will
contribute an equal amount of these costs per quarter based on the number of
participating cities. This is the maximum monthly amount to be paid under this
Agreement and shall not be exceeded without the prior written authorization of
the participating cities.
7.3 In the event additional cities join this Agreement, the proportionate
share of each city shall be reduced accordingly. In the event fewer cities
participate in this Agreement or a city or cities terminate their participation, the
proportionate share of each remaining participating city shall increase
accordingly.
7.4 Kent will deliver a quarterly invoice to the participating cities,
which will be due and payable to Kent no later than forty-five (45) calendar days
from the date of billing. Kent intends to commence lobbying services on
November 15, 2004. The first quarterly billing statement shall be based on the
services provided b etween the dates of November 15, 2004, and December 31,
2004.
7.5 While it is recognized that some cities may not be able to sign this
Agreement before November 15, 2004, it is agreed that the cities will benefit from
the services provided as of November 15. Therefore, it is presumed that a city
which enters and signs this Agreement agrees to pay for services performed as of
November 15, 2004, regardless of the date of signing.
SST LOBBYIST INTERLOCAL AGREEMENT Page 2 of 11
8. Termination.
8.1 Termination by Notice. Any p articipating c ity m ay t erminate i is
participation in this Agreement by providing at least thirty (30) calendar days
prior written notice to all other participating cities. The terminating city must pay
the full share of fees due for the quarter within which the withdrawal becomes
effective, even if the terminating city does not use or benefit from those services
for the entire quarterly period. Except as provided in section 8.2, the termination
of participation by a city shall not result in the termination of this Agreement with
respect to the other cities.
8.2 Termination by Mutual Written Agreement. This Agreement may
be terminated at any time by mutual written agreement of a majority of the then
participating cities.
8.3 Termination by Expiration of Term. In any event, this Agreement
will terminate three (3) years from its effective date.
8.4 Distribution of Assets upon Termination. It is not anticipated that
any assets will be acquired as a result of participating in this Agreement. If,
however, any assets are acquired with joint funds of the cities, those assets will be
equally divided among the cities at the asset's fair market value upon termination.
The value of the assets shall be determined by using commonly accepted methods
of valuation.
9. Miscellaneous.
9.1 Amendments. This Agreement may only be amended by mutual
written agreement of the participating cities.
9.2 Severability. If any section of this Agreement is adjudicated to be
invalid, such action shall not affect the validity of any section not so adjudicated.
9.3 Interpretation. The legal presumption that an ambiguous term of
this Agreement should be interpreted against the party who prepared the
Agreement shall not apply.
9.4 Ownership of Property. Any property owned and used by Kent in
connection with this Agreement shall remain the property of Kent, and any
property owned and used by any other participating city shall remain the property
of that city, unless otherwise specifically provided for in this Agreement.
9.5 Notice. All communications regarding this Agreement will be sent
to the parties at the addresses listed on the signature page of the Agreement,
unless n otified t o t he c ontrary. A ny w ritten notice will become effective upon
SST LOBBYIST INTERLOCAL AGREEMENT Page 3 of 11
personal service or three (3) business days after the date of mailing by registered
or certified mail, and will be deemed sufficiently given if sent to the addressee at
the address stated in this Agreement or any other address if later specified in
writing.
9.6 Counterparts. This Agreement may be entered into any number of
counterparts which, when taken collectively, will constitute one entire agreement.
7. Ratification and Confirmation. All acts taken prior to the effective date of
this Agreement that are consistent with the intent and purpose of same are hereby ratified
and confirmed, retroactive to November 15, 2004.
IN WITNESS, the parties below execute this Agreement, which shall become
effective on the last date entered below.
AUBURN: KENT:
CITY OF AUBURN CITY OF KENT
By: By:
(signature)
(Title)
Print Name:
Its
DATE:
SST LOBBYIST INTERLOCAL AGREEMENT Page 4 of 11
Print Name: Jim White
Its Mayor
DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(telephone) (telephone)
(facsimile) (facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
BOTHELL: BURLINGTON:
CITY OF BOTHELL CITY OF BURLINGTON
By: By:
(signature) (signature)
Print Name: Print Name:
Its Its
(Title) (Title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(telephone) (telephone)
(facsimile) (facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
SST LOBBYIST INTERLOCAL AGREEMENT Page 5 of 11
COLLEGE PLACE: EVERETT:
CITY OF COLLEGE PLACE CITY OF EVERETT
By: By:
(signature) (signature)
Print Name: Print Name:
Its Its
(Title) (Title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(telephone)
(facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
SST LOBBYIST INTERLOCAL AGREEMENT Page 6 of 11
1
(telephone)
(facsimile)
ISSAQUAH: OLYMPIA:
CITY OF ISSAQUAH CITY OF OLYMPIA
By: By:
(signature) (signature)
Print Name: Print Name:
Its Its
(Title) (Title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(telephone) (telephone)
(facsimile) (facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
SST LOBBYIST INTERLOCAL AGREEMENT Page 7 of 11
PUYALLUP: REDMOND:
CITY OF PUYALLUP CITY OF REDMOND
By: By:
(signature) (signature)
Print Name: Print Name:
Its Its
(Title) (Title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(telephone) (telephone)
(facsimile) (facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
SST LOBBYIST INTERLOCAL AGREEMENT Page 8 of 11
RENTON: SEDRO WOOLEY:
CITY OF RENTON CITY OF SEDRO WOOLEY
By: By:
(signature)
Print Name: Print Name:
Its Its
(Title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(telephone)
(facsimile)
SST LOBBYIST INTERLOCAL AGREEMENT Page 9 of 11
(signature)
(Title)
(telephone)
(facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
TUKWILA: WOODINVILLE:
CITY OF TUKWILA CITY OF WOODINVILLE
By: By:
(signature) (signature)
Print Name: Print Name:
Its Its
(Title) (Title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(telephone) (telephone)
(facsimile) (facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
P: \Civi ATTORNBYSTat\ SST. Lobbylnterlocal .111004.DRAFT.doc
SST LOBBYIST INTERLOCAL AGREEMENT Page 10 of 11
EXHIBIT "A" GENERAL SCOPE OF SERVICES
A. Provide general lobbying assistance to the City of Kent and cities working in coalition with Kent,
regarding the issue of "Streamlined Sales Tax" (SST) and particularly with regard to the local sales
tax "sourcing" provisions of SST.
B. Assist the City of Kent, and cities working in coalition with Kent, with development of an overall
strategy and plan related to legislation, stakeholder outreach, informational materials, and financial
modeling.
C. Participate in strategy sessions and discussions regarding the SST /sourcing issue with officials of the
City of Kent and other cities working in coalition with Kent, prior to the start of the 2005 Session of
the Washington State Legislature.
D. Attend meetings with key state legislators that may take part prior to the start of the 2005 Session of
the Washington State Legislature.
E. Represent the interests of Kent and other cities working in coalition with Kent, on SST /sourcing in
Olympia, particularly with regard to: communication with legislative leadership; lawmakers who chair
and/or have membership of fiscal committees with jurisdiction over the SST /sourcing issue; the
Governor's Office and Office of Financial Management; the State Department of Revenue; the
Association of Washington Cities (AWC) as necessary; and other parties as jointly determined to be
necessary by the City and Contractor.
F. Assist the City of Kent and cities working in coalition with Kent on preparation, background, and
information that may be necessary for any legislative hearing or meeting, or any Executive Branch
meeting, with respect to SST /sourcing.
G. Develop a main point of contact for regular reporting on the progress and status of the SST /sourcing
issue, as well as a regular pattern of reporting in writing or verbally. Main point of reporting contact in
Olympia shall be the City of Kent's Government Affairs Consultant Doug Levy, Owner /Consultant,
Outcomes By Levy. Main point of reporting contact for SST /sourcing matters outside of Olympia
shall be Mike Martin, Chief Administrative Officer, City of Kent.
H. Complete in a timely and accurate fashion all forms and reports required of lobbyists by the state and
other lawful jurisdictions.
I. Provide timely telephone or e-mail updates as jointly determined necessary by the City and Contractor.
SST LOBBYIST INTERLOCAL AGREEMENT Page 11 of 11
ITEM INFORMATION
CAS Number: 04-176
Original Agenda Date: December 6,2004
Agenda Item Title: Amendment to Interlocal Agreement with Yakima County for Jail Services
I Original Sponsor:
Timeline:
$ponsor's Summary:
Recommendations:
Sponsor:
Committee:
Administration:
Cost Impact:
Fund Source (if known)
Meeting Date
Meeting Date
COUNCIL AGENDA SYNOPSIS
Meeting Date Prepared by
12/06/04 RAB
Council Admin.X
Initials ITEM No.
I Mayor's,� I Council review I
I I
I 1 I
1 I I
I I I
This second amendment to the contract for jail services clarifies the responsibilities of
party cities with respect to billing and payment, the annual reconciliation, the daily fee
forunused beds, and the medical premium.
Review and forward to December 13, 2004 meeting
This amendment will result in cost savings over the original contract
RECORD OF COUNCIL ACTION
Action
APPENDICES
Attachments
X c
12/6/04 I Memo to Finance Safety Committee dated 11/30/04 with copy of proposed amendment
Is] Li 'Minutes from First Annual Jail Oversight Assembly meeting
DATE: November 30, 2004
TO: Finance and Safety Committee
FROM: Rhonda Berry
MEMORANDUM
SUBJECT: Second Amendment to Interlocal Agreement with Yakima County for Jail
Services
Purpose
The purpose of this Second Amendment to the Interlocal Agreement with Yakima County for
Jail Services is to clarify the responsibilities of the parties with respect to billing and payment,
the annual reconciliation, the daily fee for unused beds, and the medical premium.
If approved, this agreement will reduce the fee for up to 100 beds of the 440 bed commitment.
This fee reduction will result in an annual savings of approximately $1.3 million total for all
consortium cities in 2005. The savings could increase to more than $1.8 million of annual
savings by year 2010. In addition, this amendment creates a process for quarterly and annual
reconciliation, and establishes appropriate medical and therapeutic charges.
Staff recommends Council approval of this agreement in substantially the same form as provided
in Attachment A. The Jail Oversight Assembly of elected officials from King County
consortium cities met on November 10 2004 and unanimously approved a motion that
recommended approval of this agreement by the membership. The minutes and original
information packet from this Jail Assembly meeting are provided in Attachment B and C.
Backeround
This amendment was negotiated on behalf of the consortium cities during the past 18 months in
response to the current low usage of the Yakima beds. The negotiating team included the
following representatives:
Penny Bartley Manager, Staff and Auxiliary Services Divisions, City of Renton
Diane Carlson Director of Intergovernmental Relations, City of Bellevue
David Cline, Assistant City Manager, Burien
Jay Covington City Administrator, Renton
Catherine Cornwall Senior Policy Analyst, Seattle
Jim Kelly Police Chief, Auburn
Pete Lewis Mayor of Auburn
Gary Long City Manager, Burien (Chair of the City JAG)
Jim Montgomery Police Chief, Bellevue
David Moseley City Manager, Federal Way
C: \Documents and Settings \Rhonda\My Documents \WORD \Yakima Jail ILA Amdmt.DOC
Page 1
Nina Rivkin Senior Policy Analyst, City of Redmond
All of these representatives recommend approval of this amendment. Yakima County
Commissioners approved the amendment on November 9, 2004. Cities are being asked to
provide formal approval prior to December 31, 2004, the proposed effective date of the
amendment.
Proposed Amendment
The proposed amendment makes the following changes to the interlocal agreement with Yakima
County.
Duration: The current interlocal agreement with Yakima County ends December 31, 2010. The
proposed amendment allows for a two year extension of the interlocal agreement if agreeable to
both Yakima County and to the cities. If the cities want to extend the contract, they need to
notify Yakima County by July 1, 2009.
Billing and Payment: Payment shall be due to Yakima County within thirty days from the date
the statement is received. Payments not received by the 30 day shall bear interest at the rate of
1% per month until payment is received.
Daily Fee: The proposed amendment reduces the amount cities will pay for up to 100 unused
beds by 48 Under the terms of the amendment, cities will pay the full Bed Maintenance Fee
on 340 beds, even if they are unused, and for all city inmates over 340. Retroactive to October 1,
2003, cities shall pay the Reduced Rate Fee for each unused bed up to a maximum of 100 beds.
The cities will not pay the medical premium fee on unused beds.
Year
2002
2003
2004
2005
2006
2007
2008
2009
2010
New
Bed
Maintenance Fee
(340 bed min.)
$51.00
$53.55
$56.23
$59.04
$61.99
$65.09
$68.34
$71.76
$75.35
Fee Schedule
Medical
Premium
$5.00
$5.25
$5.51
$5.79
$6.08
$6.38
$6.70
$7.04
$7.39
This rate change will collectively save the cities over $1.3 million a year. The 100 Reduced Rate
beds will be allocated to consortium members who fail to meet their minimum bed commitment
and will be based on each city's share of the 440 total bed purchase.
Reconciliation: Retroactive to October 1, 2003, Yakima will bill each city quarterly for unused
beds (the difference between the city's minimum bed commitment and its actual use). A portion
C: \Documents and Settings \Rhonda\My Documents \WORD \Yakima Jail ILA Amdmt.DOC
Reduced Rate Fee
(up to 100 unused
beds)
$27.75
$27.75
$28.45
$29.19
$29.96
$30.77
$31.62
$32.51
Page 2
of the unused beds shall be charged at the Reduced Rate Fee. The number of each city's unused
beds that will be charged at the Reduced Rate Fee is shown in Attachment B to the amendment.
The payment for beds will work as follows:
Each month, the city pays Yakima County for its actual bed use.
Each quarter, the city pays for the difference (if any) between its actual bed use and its
bed commitment. This payment is a combination of the city's share of the reduced rate
beds and the full rate beds.
At the end of the year, cities which exceeded their bed commitment are identified. Any
overage is applied as a credit against all the cities which did not meet their bed
commitment. Cities which did not use all of their reduced rate beds are also identified;
any surplus reduced rate beds are reallocated to the rest of the cities.
Medical Premium: The proposed amendment makes clear that cities will pay the medical
premium only on used beds. It also clarifies that Yakima County may charge the cities for
psychiatric services for their inmates which are either court ordered or meet a Diagnostic
Statistical Manual IV Diagnosis and are deemed medically necessary by a mental health
professional. These charges would come out of the Medical Premium fee the cities pay to
Yakima (similar to other medical and dental charges).
Attachments:
A. Second Amendment to Yakima County Jail Interlocal agreement
B. Jail Oversight Assembly Meeting Minutes from November 10 2005
C: \Documents and Settings \Rhonda\My Documents \WORD \Yakima Jail ILA Amdmt.DOC
Page 3
SECOND AMENDMENT TO
INTERLOCAL AGREEMENT BETWEEN YAKIMA COUNTY, WASHNGTON AND
THE CITIES OF ALGONA, AUBURN, TOWN OF BEAUX ARTS VILLAGE,
BELLEVUE, BLACK DIAMOND, BOTHELL, BURIEN, CARNATION, CLYDE
HILL, COVINGTON, DES MOINES, DUVALL, FEDERAL WAY, ISSAQUAH,
KENMORE, KIRKLAND, LAKE FOREST PARK, MAPLE VALLEY, MEDINA,
MERCER ISLAND, NEWCASTLE, NORMANDY PARK, NORTH BEND, PACIFIC,
REDMOND, RENTON, SAMMAMISH, SEATAC, SEATTLE, SHORELINE,
SKYKOMISH, SNOQUALMIE, TUKWILA, WOODINVILLE, AND TOWN OF
YARROW POINT, WASHINGTON FOR THE HOUSING OF INMATES BY
YAKIMA COUNTY DEPARTMENT OF CORRECTIONS AND SECURITY
THIS SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT FOR THE
HOUSING OF INMATES BY YAKIMA COUNTY DEPARTMENT OF
CORRECTIONS AND SECURITY "Second Amendment") is entered into and is
effective the 31st day of December 2004 by and between the Cities of Algona, Auburn,
Town of Beaux Arts Village, Bellevue, Black Diamond, Bothell, Burien, Carnation,
Clyde Hill, Covington, Des Moines, Duvall, Federal Way, Issaquah, Kenmore, Kirkland,
Lake Forest Park, Maple Valley, Medina, Mercer Island, Newcastle, Normandy Park,
North Bend, Pacific, Redmond, Renton, Sammamish, SeaTac, Seattle, Shoreline,
Skykomish, Snoqualmie, Tukwila, Woodinville and Town of Yarrow Point, Washington
"Cities and Yakima County, Washington "Yakima County
Whereas, Yakima County and the Cities above named have entered into an Interlocal
Agreement for housing of City inmates by Yakima County on August 27, 2002
(Agreement); and
Whereas Yakima County and the Cities entered into an addendum to the Interlocal
Agreement for Housing of Inmates by Yakima County effective October 31, 2002
(Addendum) and
Whereas, the parties desire to amend the Agreement and Addendum to further clarify the
responsibilities of the respective parties;
NOW THEREFORE, the Parties agree as follows:
1. Section 3 of the Addendum is amended in its entirety as follows:
DURATION: The term of this Agreement shall commence upon the Effective Date and
shall end at 11:59 p.m. on December 31, 2010, subject to earlier termination as provided
by Section 4 of the Agreement. Yakima County agrees to extend the Agreement, as
amended, for an additional two years if mutually agreeable to Yakima County and the
Cities and the Cities notify Yakima County at least 18 months prior to December 31,
C: \My Documents \WORD\2nd Amdnmt.DOC
-1-
2010. Thereafter, this Agreement may be renewed for any successive period by written
addendum under terms and conditions acceptable to all of the parties.
2. Section 7c of the Agreement is amended in its entirety as follows:
(c) Billing and Payment. Yakima County shall provide each of the Cities with individual
monthly statements itemizing the names of each City Inmate who is receiving care from
Yakima County, the case or citation number, and the number of days of care, including
the date and time booked into the Yakima County jail facilities and the date and time
released from the Yakima County jail facilities. Yakima County shall pro -rate the Bed
Maintenance Fee and the Medical Premium (hereinafter "Daily Fee of any City Inmate
that has multiple charges among the Cities by dividing the Daily Fee pro -rata among
those Cities with such multiple charges. Each City's individual monthly statement shall
also include a statement showing the number of bed days used by all other Cities. Yakima
County agrees to provide said statement for each month on or about the 10th day of the
following month. Payment shall be due to Yakima County within thirty (30) days from
the date the statement is received. Payments not received by the 30th day shall bear
interest at the rate of 1 per month until payment is received.
3. A new Section 7d of the Agreement is added as follows:
a. Reconciliation: Effective October 1, 2003, Yakima will bill each city quarterly for
unused beds (the difference between the City's minimum daily bed commitment as
provided in Attachment A to this Second Addendum and the City's actual Average Daily
Population (ADP) for the quarter). The rate for the unused beds will be the Bed
Maintenance Fee as provided in Section 6 (a) of this Second Amendment below, except a
portion of the unused beds shall be charged at the Reduced Rate Fee. The number of
each city's unused beds that will be charged at the Reduced Rate Fee are as provided in
Attachment B (Unused Bed Allocation Chart created by the Cities).
b. Yakima County will annually reconcile each City's unused beds (the difference
between the City's Minimum Bed Commitment and the City's actual ADP per quarter)
on a calendar year basis. Through the annual reconciliation process, Yakima County will
provide credits in the fourth quarter bill to each city to the extent that the actual annual
ADP paid exceeds the City's Minimum Bed Commitment up to the fee paid by said city
per quarter for unused beds. If a City's annual ADP exceeds the annual minimum daily
bed commitment hereinafter "net overage Yakima County will allocate the total net
overage as a credit on a pro rata basis to those Cities whose annual ADP did not meet
their annual minimum daily bed commitment. If a City did not fully use their share of the
Reduced Rate Fee beds as specified in Attachment B, those beds will be allocated on a
pro rata basis to Cities that did not meet their Minimum Bed Commitment. The Cities
will provide Yakima County with the appropriate allocation to each city of credits and
division of the annual reconciliation bill for unused beds based on separate agreement
among the Cities. Attachment C shows a method for this annual reconciliation.
Reconciliation payments, both quarterly and annual will be due 30 days from the date the
C:\My Documents \WORD\2nd Amdnmt.DOC
-2-
billing is received. There will be no interest payments charged on any 2003 or 2004
Reconciliation bills issued prior to the effective date of this addendum.
c. 2003 Reconciliation:
The 2003 reconciliation will be based on Section 7 (d) of the Agreement and Section 6
(a) of the Addendum. Under this agreement, Cities will pay $568,391to Yakima for the
fourth quarter 2003 reconciliation pursuant to Cities Allocation Agreement. (Attachment
C shows the method for the payment by individual cities of the unused beds for the 2003
Reconciliation). There will be no interest payments charged on the 2003 Reconciliation,
provided 2003 reconciliation is paid within 30 days of receipt of billing.
Section 6 of the Addendum is hereby amended in its entirety to provide as follows:
a. Daily Fee. In consideration of Yakima County's commitment to provide care for City
Inmates, the Cities agree to pay Yakima County fees for the housing and care of each
City Inmate, as provided in this Amendment as follows:
Year Bed Medical Reduced Rate Fee
Maintenance Premium
Fee
1 2002
2003
1 2004
1 2005
2006
2007
2008
2009
1 2010
$51.00
$53.55
$56.23
$59.04
$61.99
$65.09
$68.34
$71.76
$75.35
1. Yakima County shall not charge a booking fee or any other fees in
connection with the care of City Inmates except as specifically
provided in the Interlocal Agreement between Yakima County and
Cities, as amended.
2. Effective October 1, 2003, the Cities shall pay the Bed Maintenance
Fee set forth in Paragraph 2 above on 340 beds, even if they are unused
and for all inmates exceeding the 340 bed Cities Inmate population.
3. Effective October 1, 2003, the Cities shall pay the Reduced Rate Fee in
Paragraph 2 above for each unused bed exceeding 340 up to a
maximum of the 440 bed commitment. Provided however, that
payment for unused beds exceeding 340 shall not be required for any
period of time when the total Yakima County jail population (including
all contract inmates) exceeds 1,500. At such time, Yakima County shall
not charge Cities for unused beds. Yakima County intends to use the
Reduced Rate Fees solely for debt service payments and operational
costs related to Yakima County Department of Corrections and
C:\My Documents \WORD\2nd Amdnmt.DOC
$5.00
$5,25 $27.75
$5.51 $27.75
$5.79 $28.45
$6.08 $29.19
$6.38 $29.96
$6.70 $30.77
$7.04 $31.62
$7.39 $32.51
-3-
Security. At the end of each year, Yakima County will provide an
annual report which shows the cost of debt service payments and
operational costs for Yakima County Department of Corrections and
Security exceeds the total Reduced Rate Fees collected.
4. Medical Premium:
A. Yakima County shall pay for all medical, dental and psychiatric
(including therapeutic) costs as authorized in this Addendum of the
City's Inmates in exchange for the above listed Medical Premium.
B. Effective October 1, 2003, Cities will pay the Medical Premium per
City Inmate only on used beds. The Medical Premium shall not be
paid on unused beds.
C. Yakima County shall be permitted to use the Medical Premiums for
psychiatric services including in- custody therapeutic services which 1)
are court ordered, or 2) a) meet a Diagnostic Statistical Manual IV
Diagnosis, and b) are deemed medically necessary by a Mental Health
Professional and c) for which the inmate agrees to treatment. Medical
Premiums shall not be used for psychiatric services which do not meet
the conditions above except where such services are approved by the
City in writing prior to the service being rendered.
D. Yakima County shall provide monthly reports with its billing
statement describing its medical, psychiatric, and dental account
balance(s) and payments made from each such account, including
provider name, inmate name, name of City being charged for such
inmate, dollar amount paid, and description of medical, psychiatric or
dental service provided. Yakima County will provide detailed
information regarding the description and total cost of therapeutic
services and the approximate proportionate share of use of the services
consumed by Cities inmates. In- custody therapeutic costs for Cities
will be calculated by applying the percentage of the Cities' inmates
proportionate share of use of the services provided by Yakima
County's behavioral health service provider, which is currently Central
Washington Comprehensive Mental Health, to the actual cost of the
total contract for Yakima County's behavioral health service provider.
E. Each quarter Yakima County shall send to the Cities an accounting of
the Medical Premium Fund.
F. In the event Yakima County's actual authorized medical, psychiatric,
and dental costs for a quarter exceed the funds available in the Medical
Premium fund at the close of the quarter, the Cities agree to
compensate Yakima County for all said costs exceeding the funds
available at the end of the quarter within 30 days following receipt of
said medical billing.
G. Upon the effective date of this Second Amendment, Yakima County
shall have and shall maintain a Pharmacy Agreement or in -house
pharmacy.
C:\My Documents \WORD\2nd Amdnmt.DOC
-4-
H. An ongoing review process will be established between Yakima
County and the Cities to address concerns about accountability for
costs and services.
BOARD OF YAKIMA COUNTY ATTEST:
COMMISSIONERS
By: Carla Ward, Clerk of the Board of
Ronald F. Gamache, Chairman Yakima County Commissioners
James M. Lewis, Commissioner
By: Ronald S. Zirkle
Jesse S. Palacios, Commissioner Yakima County Prosecuting Attorney
CITY OF ALGONA, WA Approved as to Form:
By:
Glenn Wilson, Mayor George Kelley, Algona City Attorney
Estimated ADP:
CITY OF AUBURN, WA Approved as to Form:
By:
Pete Lewis, Mayor Daniel B. Heid, Auburn City Attorney
Estimated ADP:
TOWN OF BEAUX ARTS VILLAGE, WA Approved as to Form:
By:
Charles R. Lowry, Mayor Wayne Stewart, Town Attorney
Estimated ADP:
CITY OF BELLEVUE, WA Approved as to Form:
By:
Steve Sarkozy, City Manager Lori Riordan, Acting City Attorney
Estimated ADP:
CITY OF BLACK DIAMOND, WA Approved as to Form:
By:
By:
Howard Botts, Mayor Loren D. Combs, City Attorney
Estimated ADP:
C:\My Documents \WORD\2nd Amdnmt.DOC
5
Approved as to Form:
CITY OF BOTHELL, WA
By:
Jim Thompson, City Manager
Estimated ADP:
CITY OF BURIEN, WA
By:
Gary P. Long, City Manager
Estimated ADP:
CITY OF CARNATION, WA
By:
Woody Edvalson, City Manager
Estimated ADP:
CITY OF CLYDE HILL, WA
By:
George S. Martin, Mayor
Estimated ADP:
CITY OF COVINGTON, WA
By:
Andy Dempsey, City Manager
Estimated ADP:
CITY OF DES MOINES, WA
By
City Manager
Estimated ADP:
CITY OF DUVALL, WA
By:
Becky Nixon, Mayor
Estimated ADP:
CITY OF FEDERAL WAY, WA
By:
David H. Moseley, City Manager
C:\My Documents \WORD\2nd Amdnmt.DOC
6
Approved as to Form:
Michael E. Weight, Bothell City Attorney
Approved as to Form:
Lisa Marshall, Burien City Attorney
Approved as to Form:
Phil A. Olbrechts, Carnation City Attorney
Approved as to Form:
Clyde Hill City Attorney
Approved as to Form:
Duncan C. Wilson, Covington City Attorney
Approved as to Form:
Des Moines City Attorney
Approved as to Form:
John L. O'Brien, Duvall City Attorney
Approved as to Form:
Federal Way City Attorney
Estimated ADP:
CITY OF ISSAQUAH, WA Approved as to Form:
By:
Ava Frisinger, Mayor
Estimated ADP:
By:
By:
Douglas J. Schulze, City Manager
Estimated ADP:
CITY OF MERCER ISLAND, WA
By:
C: \My Documents \WORD\2nd Amdnmt.DOC
7
Wayne D. Tanaka, Issaquah City Attorney
CITY OF KENMORE, WA Approved as to Form:
By:
Stephen L. Anderson, City Manager Michael R. Kenyon, Kenmore City Attorney
Estimated ADP:
CITY OF KIRKLAND, WA Approved as to Form:
By:
David Ramsay, City Manager Gail Gorud, Kirkland City Attorney
Estimated ADP:
CITY OF LAKE FOREST PARK, WA Approved as to Form:
By:
David R. Hutchinson, Mayor Michael P. Ruark, Lake Forest Park
Estimated ADP: City Attorney
CITY OF MAPLE VALLEY, WA Approved as to Form:
John F. Starbard, City Manager Maple Valley City Attorney
Estimated ADP:
CITY OF MEDINA Approved as to Form:
Kirk R. Wines, Medina City Attorney
Approved as to Form:
Richard M. Conrad, City Manager
Estimated ADP: Londi K. Lindell, Mercer Island City Attorney
CITY OF NEWCASTLE, WA
Andrew J. Takata, City Manager
Estimated ADP:
CITY OF NORMANDY PARK, WA
By:
Merlin MacReynold, City Manager
Estimated ADP:
CITY OF NORTH BEND, WA
By:
Joan Simpson, Mayor
Estimated ADP:
CITY OF PACIFIC, WA
By:
Howard Erickson, Mayor
Estimated ADP:
CITY OF REDMOND, WA
Rosemarie Ives, Mayor
Estimated ADP:
CITY OF RENTON, WA Approved as to Form:
By:
Kathy Keolker Wheeler, Mayor
Estimated ADP:
CITY OF SAMMAMISH, WA Approved as to Form:
By
By:
C:\My Documents \WORD\2nd Amdnmt.DOC
-s
Approved as to Form:
Newcastle City Attorney
Approved as to Form:
Susan Rae Sampson, Normandy Park
City Attorney
Approved as to Form:
Michael R. Kenyon, North Bend City Attorney
Approved as to Form:
Bruce Disend, Pacific City Attorney
Approved as to Form:
Redmond City Attorney
Lawrence J. Warren, Renton City Attorney
Ben Yazici, City Manager Bruce Disend, Sammamish City Attorney
Estimated ADP:
CITY OF SEATAC, WA Approved as to Form:
Estimated ADP:
CITY OF SEATTLE, WA
CITY OF SHORELINE, WA
CITY OF SKYKOMISH, WA
By:
Skip Mackner, Mayor
Estimated ADP:
CITY OF TUKWILA, WA
By:
Steve Mullet, Mayor
Estimated ADP:
City Manager
By:
Gregory J. Nickels, Mayor
Estimated ADP:
By:
Steven Burkett, City Manager
Estimated ADP:
CITY OF SNOQUALMIE, WA
By:
Randy Fuzzy Fletcher, Mayor
Estimated ADP:
CITY OF WOODINVILLE, WA
By:
Pete Rose, City Manager
Estimated ADP:
TOWN OF YARROW POINT
By:
Jeanne R. Berry, Mayor
Estimated ADP:
C: \My Documents \WORD\2nd Amdnmt.DOC
9
Robert L. McAdams, SeaTac City Attorney
Approved as to Form:
Thomas A. Carr, Seattle City Attorney
Approved as to Form:
Ian Sievers, Shoreline City Attorney
Approved as to Form:
Skykomish City Attorney
Approved as to Form:
Pat Anderson, Snoqualmie City Attorney
Approved as to Form:
Shelley Kerslake, City Attorney
Approved as to Form:
Wayne D. Tanaka, Woodinville City Attorney
Approved as to Form:
Wayne Stewart, Yarrow Point Town Attorney
STATE OF WASHINGTON
ss.
COUNTY OF
On this day personally appeared before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn,
to me known to be the City Manager/Mayor of the
City /Town of a Washington municipal corporation, the
corporation that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that he /she was authorized to execute said
instrument.
2002.
Washington
Given under my hand and official seal this day of
Interlocal to be filed with the Yakima County Auditor
C:\My Documents \WORD\2nd Amdnmt.DOC
(typed/printed name of notary)
Notary Public in and for the State of
My commission expires:
10
(notary signature)
C:\My Documents \WORD\2nd Amdnmt.DOC
Attachment A
Minimum Daily Bed Commitment by City
Yakima
City Commitment
Algona 3.0
Auburn 88.5
Bellevue 27.0
Bothell 2.0
Burien 4.0
Covington 2.4
Des Moines 17.0
Duvall 1.0
Federal Way 29.0
Issaquah 2.0
Kenmore 3.0
Kirkland 12.5
Lake Forest Park 2.5
Medina 0.7
Mercer Island 4.0
Normandy Park 0.4
North Bend 2.0
Redmond 20.0
Renton 27.0
Sammamish 1.5
SeaTac 4.1
Seattle 155.0
Shoreline 18.0
Snoqualmie 1.0
Tukwila 11.0
Woodinville 1.5
Total 440.1
Note: as part of the annual reconciliation, reduced rate beds initially allocated to cities
that only need part or none of their share will be reallocated to the remaining cities.
Attachment B
Initial Allocation of 100 Reduced Rate Beds
Initial
Yakima 100 Bed
Agencies Commitment Share Distribution
Algona 3.0 0.7% 0.7
Auburn 88.5 20.1% 20.1
Bellevue 27.0 6.1% 6.1
Bothell 2.0 0.5% 0.5
Burien 4.0 0.9% 0.9
Covington 2.4 0.5% 0.5
Des Moines 17.0 3.9% 3.9
Duvall 1.0 0.2% 0.2
Federal Way 29.0 6.6% 6.6
Issaquah 2.0 0.5% 0.5
Kenmore 3.0 0.7% 0.7
Kirkland 12.5 2.8% 2.8
Lake Forest Park 2.5 0.6% 0.6
Medina 0.7 0.2% 0.2
Mercer Island 4.0 0.9% 0.9
Newcastle 0.0 0.0% 0.0
Normandy Park 0.4 0.1% 0.1
North Bend 2.0 0.5% 0.5
Redmond 20.0 4.5% 4.5
Renton 27.0 6.1% 6.1
Sammamish 1.5 0.3% 0.3
SeaTac 4.1 0.9% 0.9
Seattle 155.0 35.2% 35.2
Shoreline 18.0 4.1% 4.1
Snoqualmie 1.0 0.2% 0.2
Tukwila 11.0 2.5% 2.5
Woodinville 1.5 0.3% 0.3
Total 440.1 100.0% 100.0
C: \My Documents \WORD\2nd Amdnmt.DOC
12
Attachment C Table
2003 Reconciliation and Payment of Unused Beds and Method for Annual Allocation and Reconciliation of Unused Beds
Allocation of All Unused Beds Including 100 beds at Reduced Rate
Final Year End Reconciliation
2003 4th Quarter
Step 1 Step 2 Step 3 Step 4 4th Quarter
EADP EADP Additional Payment Due on Unused Beds
EADP 2003 Cities Revised Preliminary Cities Still Allocate Final Beds at Beds (no medical fees since only paid on used beds)
Yakima 4th Qtr Over Their Bed Surplus Over/ 100 Bed Surplus Their Bed Surplus 100 Bed Full Reduced Full Reduced Total
Agencies Commitment ADP (Under) Commitment Share Beds (Under) Distribution Beds Commitment Beds Distribution Price Price Price Price Charge
Bellevue 27.00 27.63 0.63 0.0% 0.6 6.1 6.1 0.0 0.0 27.6 0 0 0
Issaquah 2.00 2.10 0.10 0.0% 0.1 0.5 0.5 0.0 0.0 2.1 0 0 0
Newcastle 0.00 0.25 0.25 0.0% 0.3 0.0 0.0 0.0 0.0 0.0 0.3 0.0 0 0 0
Tukwila 11.00 12.80 1.80 0.0% 1.8 2.5 2.5 0.0 0.0 12.8 0 0 0
Algona 3.00 1.16 (1.84) 3.0 0.7% (1.8) 0.7 0.0 3.0 0.1 0.8 2.2 0.8 5,082 2,003 7,085
Auburn 88.50 62.67 (25.83) 88.5 22.1% (25.2) 20.1 0.0 88.5 3.0 23.1 64.7 23.1 10,172 59,092 69,263
Bothell 2.00 1.79 (0.21) 2.0 0.5% (0.2) 0.5 0.3 0.0 0.2 1.8 0.2 0 492 492
Burien 4.00 1.85 (2.15) 4.0 1.0% (2.1) 0.9 0.0 4.0 0.1 1.0 2.9 1.0 5,312 2,671 7,983
Covington 2.40 0.00 (2.40) 2.4 0.6% (2.4) 0.5 0.0 2.4 0.1 0.6 1.8 0.6 8,649 1,602 10,252
Des Moines 17.00 7.72 (9.28) 17.0 4.2% (9.2) 3.9 0.0 17.0 0.6 4.4 12.4 4.4 23,245 11,351 34,596
Duvall 1.00 0.00 (1.00) 1.0 0.2% (1.0) 0.2 0.0 1.0 0.0 0.3 0.7 0.3 3,604 668 4,272
Federal Way 29.00 14.24 (14.76) 29.0 7.2% (14.6) 6.6 0.0 29.0 1.0 7.6 21.2 7.6 34,361 19,363 53,725
Kenmore 3.00 0.00 (3.00) 3.0 0.7% (3.0) 0.7 0.0 3.0 0.1 0.8 2.2 0.8 10,812 2,003 12,815
Kirkland 12.50 12.24 (0.26) 12.5 3.1% (0.2) 2.8 2.7 0.0 0.2 12.2 0.2 0 444 444
Lake Forest Park 2.50 0.26 (2.24) 2.5 0.6% (2.2) 0.6 0.0 2.5 0.1 0.7 1.8 0.7 7,724 1,669 9,394
Medina 0.70 0.53 (0.17) 0.7 0.2% (0.2) 0.2 0.0 0.7 0.0 0.2 0.5 0.2 0 467 467
Mercer Island 4.00 1.26 (2.74) 4.0 1.0% (2.7) 0.9 0.0 4.0 0.1 1.0 2.9 1.0 8,204 2,671 10,874
Normandy Park 0.40 0.11 (0.29) 0.4 0.1% (0.3) 0.1 0.0 0.4 0.0 0.1 0.3 0.1 906 267 1,173
North Bend 2.00 0.21 (1.79) 2.0 0.5% (1.8) 0.5 0.0 2.0 0.1 0.5 1.5 0.5 6,190 1,335 7,526
Redmond 20.00 7.70 (12.30) 20.0 5.0% (12.2) 4.5 0.0 20.0 0.7 5.2 14.6 5.2 34,164 13,354 47,518
Renton 27.00 15.23 (11.77) 27.0 6.7% (11.6) 6.1 0.0 27.0 0.9 7.1 19.8 7.1 22,280 18,028 40,308
Sammamish 1.50 0.39 (1.11) 1.5 0.4% (1.1) 0.3 0.0 1.5 0.1 0.4 1.1 0.4 3,478 1,002 4,480
SeaTac 4.10 3.99 (0.11) 4.1 1.0% (0.1) 0.9 0.8 0.0 0.1 4.0 0.1 0 210 210
Seattle 155.00 90.93 (64.07) 155.0 38.7% (63.0) 35.2 0.0 155.0 5.3 40.5 113.4 40.5 110,624 103,494 214,118
Shoreline 18.00 10.53 (7.47) 18.0 4.5% (7.3) 4.1 0.0 18.0 0.6 4.7 13.2 4.7 12,979 12,019 24,998
Snoqualmie 1.00 0.96 (0.04) 1.0 0.2% (0.0) 0.2 0.2 0.00 0.04 1.0 0.04 0 93 93
Woodinville 1.50 0.00 (1.50) 1.5 0.4% (1.5) 0.3 0.0 1.5 0.1 0.4 1.1 0.4 5,406 1,002 6,407
Total 440.10 276.55 (163.55) 400.1 100.0% 2.8 (163.6) 100.0 13.1 380.5 13.1 100.0 340.1 100.0 313,091 255 .300 568,391
"EADP" is the Estimated Average Daily Population also known as the Yakima Minimum Daily Bed Commitment
Cities with no minimum hed commitment and no tail days (and thus not included shovel
Beaux Arts Clyde Hill Kent Pacific
Black Diamond Enumclaw Maple Valley Skykomish
Carnation Hunts Point Milton Yarrow Point
C:\My Documents \WORD\2nd Amdnmt.DOC
13
2003 Cost Per Bed
IFull Price !Reduced Price
I 53.55 1 27.75
Attachment C: Explanation of Annual Reconciliation Per Amendment 2, Section 3 b.
City A
Minimum bed commitment: 27 beds
Estimated share of reduced rate beds: 6.1
2004 Actual Use: 25 first quarter; 27 second quarter; 30 third quarter; 38 fourth quarter; 30
for the whole year.
By the end of 2004; City A has averaged 30 beds for the whole year; however, its use has fluctuated
from quarter to quarter. Each month, City A pays for its actual bed use. At the end of the first
quarter, City A pays for two additional beds at the reduced rate (the difference between its actual bed
use and its minimum commitment). The second and third quarters, City A pays for its actual bed use
(which equaled or exceeded its bed commitment). As part of the fourth quarter reconciliation, City A
is given a credit for its first quarter payment for the two additional beds so that the total City A pays
for 2004 equals 30 beds (its actual use). Since City A has fully met its bed commitment, it has no
need for its share of the reduced rate beds (it was entitled to 6.1 reduced rate beds). Accordingly, the
6.1 reduced rate beds are reallocated to the cities which did not meet their bed commitment.
City B:
Minimum bed commitment: 2 beds
Estimated share of reduced rate beds: .5
2004 Actual Use: 2 (however, it fluctuates between 1 and 3 from month to month)
By the end of 2004, City B has averaged two beds for the whole year (its minimum bed
commitment). However, in January, it used one bed, in February, it used two beds, and in March it
used three beds averaging out to two beds for the quarter. City B pays for one bed in January, two
beds in February, and three beds in March. Since City B has fully met its bed commitment, it has no
need for its share of the reduced rate beds (it was entitled to .5 of a reduced rate bed). Accordingly,
this .5 reduced rate bed is reallocated to the cities which did not meet their bed commitment.
City C:
Minimum bed commitment: 155 beds
Estimated share of reduced rate beds: 35
2004 Actual Use: 80 (for the purposes of simplicity, assume every month equals 80 beds).
City C's actual use falls short of its minimum bed commitment. Under this proposal, each month,
City C pays for the 80 beds it actually used. At end of each quarter, City C pays the difference
between its actual use and its minimum bed commitment (in this case, 35 beds at the reduced rate and
40 beds at the full rate).
At the end of the year, a final reconciliation is performed which not only takes into account City C's
bed use, but also incorporates any overages from other cities which exceeded their bed commitment.
Based on this final calculation, City C receives 5 more of the reduced rate beds (not all of the cities
used their reduced rate beds). By the end of the year, City C will have paid for 40 beds at the reduced
rate (35 from the original allocation plus 5 more beds from cities which didn't need the reduced rate
beds) and 115 beds at the full rate for a total of 155 beds.
C: \My Documents \WORD\2nd Amdnmt.DOC Page 14
FIRST ANNUAL MEETING
JAIL OVERSIGHT ASSEMBLY
Wednesday, November 10, 2004
City of Renton, Council Chambers, 7th Floor
4:30 p.m.
Minutes
Call to Order:
Burien City Manager, Gary Long, Co -Chair of the Jail Administration Group,
called the Jail Oversight Assembly meeting to order at 4:45 p.m. He
acknowledged the work over the last couple of years that led to the formation
of the Assembly and the interlocal agreement and thanked all those
responsible.
II. Introductions Gary Long, City Manager, City of Burien
All those present introduced themselves. Cities represented were: Auburn,
Bellevue, Burien, Covington, Des Moines, Federal Way, Issaquah, Lake
Forest Park, Maple Valley, Mercer Island, Newcastle, Redmond, Renton,
Sammamish, SeaTac, Seattle, Shoreline, Tukwila and Woodinville. A sign -in
sheet is attached to this record.
Jan Roegner from Burien filled -in for Jane Cantu of Tukwila to record the
actions of the Assembly.
III. Jail Assembly and Jail Administration Group Purpose and Overview
Burien City Manager, Gary Long, reviewed the work of the Jail Advisory
Group (JAG) and the Jail Operations Group (JOG) which has led to the Jail
Interlocal Agreement.
IV. New Business
A. Election of Executive Committee Representatives
The interlocal agreement provides for 4 -7 members on the executive
board. The interlocal establishes Seattle, Bellevue and Auburn as three of
the members. Representing Seattle is Deputy Mayor Tim Ceis;
representing Bellevue is Councilmember Grant Degginger, and
representing Auburn is Mayor Pete Lewis. Additional nominations are:
Issaquah, Mayor Ava Frisinger; Federal Way, Councilmember Jim Ferrell,
Lake Forest Park, Councilmember Dwight Thompson; and Renton, Mayor
Kathy Keolker Wheeler.
Mr. Long asked for additional nominations from the floor.
C:\ WINDOWS\ TEMP\ JAGAssemblyMeetingminutes111004doc .doc Page 1 of 5
Shoreline Councilmember Bob Ransom asked to be considered for the
nominations, representing northern King County. He stated his experience
with criminal justice issues.
Lake Forest Park Councilmember Dwight Thompson also stated his
experience.
There were no other nominations from the floor. Mr. Long closed the
nominations. It was moved and seconded to accept the ballot.
Ballots were distributed and tallied according to the weighted votes
designated to each city. The following were elected to the Executive
Board.
Seattle, Mayor Tim Ceis
Bellevue, Councilmember Grant Degginger
Auburn, Mayor Pete Lewis
Issaquah, Mayor Ava Frisinger
Federal Way, Councilmember Jim Ferrell
Lake Forest Park, Councilmember Dwight Thompson
Renton, Mayor Kathy Keolker Wheeler
Election of Chairperson and Vice Chairperson
Mr. Long opened nominations for the Chairperson of the Executive Board.
Issaquah Mayor Ava Frisinger was nominated for the Chairperson. There
were no other nominations and Mr. Long closed the nominations.
Motion Carried Unanimously in favor of Mayor Frisinger.
Mayor Frisinger took her seat as Chairperson and opened nominations for
Vice Chairperson.
Lake Forest Park Councilmember Dwight Thompson was nominated.
Renton Mayor Kathy Keolker Wheeler was nominated.
There being no other nominations, Mayor Frisinger closed the
nominations.
Renton Mayor Kathy Keolker Wheeler withdrew her name from the
nominations.
Motion Unanimously Carried in favor of Councilmember Thompson.
C: \WINDOWS\ TEMP\ JAGAssemblyMeetingminutes111004doc .doc Page 2 of 5
B. Appointment of Fiscal Agent
Motion and second to appoint the City of Tukwila as the fiscal agent for
the Jail Interlocal Agreement.
Motion and second to amend the motion that the status of the fiscal agent
be reviewed every two years and adjusted as necessary. The amendment
was accepted as a friendly amendment.
Motion Carried Unanimously on the amended motion.
C. Yakima County Update
1. Yakima County Agreement
Mr. Long stated that the proposed Second Amendment was negotiated on
behalf of the consortium cities during the past 18 months in response to
the current low usage of the Yakima beds.
The purpose of this amendment was to give financial relief to the cities, to
agree to the bed commitment of 440 beds, and to resolve other financial
and operational issues such as the process for reconciliation and billing for
medical expenses.
The agreement provides a reduced cost of beds for up to 100 of the 440
bed commitment. This is estimated to result in savings of approximately
$1.3 million for all consortium cities in 2005 and increases to more than
$1.8 million of annual savings by year 2010.
In addition, this amendment creates a process for quarterly and annual
reconciliation, and establishes appropriate medical and therapeutic
charges.
Burien Assistant City Manager, David Cline noted that the Yakima
County Commission has stated that they will recommend approval of this
agreement. The cities need to each ratify the agreement by the end of the
year.
Motion and second that the Second Amendment to the Interlocal
Agreement between Yakima County, Washington and the Consortium
Cities be recommended for approval by the membership in substantially
the form attached.
Motion Carried Unanimously.
C: \WINDOWS\ TEMP\ JAGAssemblyMeetingminutes111004doc .doc Page 3 of 5
2. Overview of Usage and Costs
Mr. Cline gave an overview of the current situation. A review of all jail
capacity and current usage for the past three years indicates there should
be sufficient demand for the Yakima capacity in the next 2 years,
especially once King County implements its population caps at the King
County jail for consortium cities.
D. King County Jail Population Caps
Per the agreement with King County for jail services, in 2005, King
County has the right to limit the cities to 250 beds effective January 1 and
to 220 beds effective July 1. Staff from King County has stated they will
impose the 250 bed cap for cities effective January 1, but probably won't
need to impose the 220 bed cap in 2005. The cities need to collectively
reduce their bed use by 11 -15% to meet the 250 bed cap. The JAG and
JOG will work for the remainder of 2004 to ensure cities collectively meet
King County's caps.
E. Review of 2005/2005 Work Program Budget and Assessments
(subsection b.i).
Mr. Cline noted the correct number for the 2005 Assessment is $145,484
(not $145,324 as emailed in packets earlier).
Motion and second that the proposed 2004 and 2005 Work Program, Budget
and Assessments described below be approved by the Assembly and
recommend referral to each of the member Cities for its acceptance.
A. The 2005 JAG Budget Authority shall be up to $228,484.
B. The 2005 Assessment will be up to $145,484 ($228,484 less $83,000
carry over from 2004). The initial billing to cities will be limited to
$67,250 to fund a part-time jail administrative consultant and a jail
planning study.
C. With a recommendation from the JAG to revise the scope of work or
address professional services costs that may exceed the available funds
the Assembly Executive Committee may authorize a second billing to
cities up to a total of $145,484.
There was no discussion on the motion.
Motion Carried Unanimously.
F. Schedule for Next Meeting
C:\ WINDOWS\ TEMP\ JAGAssemblyMeetingminutes111004doc .doc Page 4 of 5
Mr. Cline explained that the assembly must meet at a time early enough in
the year to set a budget that will allow cities to prepare for their own
budget cycles.
Motion and second that the annual assembly meeting be held in June on a
date set by the Executive Committee.
Discussion followed on meeting more than once before approval is
required. It was noted that the motion on the floor does not preclude
holding more meetings to work on the budget prior to the Assembly
meeting if necessary. Any member can ask the Executive Committee to
meet additional times.
Motion carried unanimously.
Mayor Frisinger, on behalf of those present, thanked Burien City Manager
Gary Long and Burien Assistant City Manager David Cline, for their work
over the past several months to bring the interlocal agreement on this issue
together.
V. Adjournment
Motion and second to adjourn the meeting.
Motion carried unanimously
The meeting was adjourned at 5:25 p.m.
Original
C: \WINDOWS\ TEMP\ JAGAssemblyMeetingminutes111004doc .doc Page 5 of 5
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date Prepared by 1 Mayor's review I rounciLreview
12/06/04 LL ,4- I ,q<
1
I
ITEM INFORMATION
CAS NUMBER: 04-177 I ORIGINAL AGENDA DATE: 12/6/04
AGENDA ITEM TITLE Discussion of topics for and location of City Council retreat
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 12/4/04 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire p Legal P &R Police PW
SPONSOR'S The retreat is scheduled for Saturday, January 22, 2005, though if you need more time
SUMMARY you can add Friday, January 21 noon -5, or Sunday, January 23 9 -noon in addition to
Saturday.
In any case, discuss the topics you'd like to talk about and the best location for the
meeting.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte
Utilities Cmte Arts Comm. p Parks Comm.
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN. Decide date, place and tentative list of topics
COMMIIT E N.A.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$$0- $1,000
Fund Source: CITY COUNCIL TRAVEL BUDGET
Comments:
MTG. DATE
12/6/04
MTG. DATE
12/6/04
RECORD OF COUNCIL ACTION
ATTACHMENTS
Memo from 1. Lauterbach dated November 30, 2004
Transportation Cmte
Planning Comm.
ITEM No.
To: City Council
From: Lucy Lauterbach
11/30/04
City Council Retreat
Your Council retreat will be Saturday, January 22, 2005. If you choose, you can also
meet Sunday half day, or Friday late afternoon for 2 -3 hours. It will be hard to justify a
city -paid dinner unless you're extending the Saturday meeting into Saturday night.
The topics you have suggested this far might benefit from having staff available, though
in the past you've been able to use information papers prepared ahead of time to base
your discussions on. At this point, I'm planning for the Council to meet, with the mayor
joining you for the morning session and you meeting by yourselves in the afternoon.
Discussion topics:
Utility rate increases water, sewer, surface water
City costs for Starfire
Mandatory garbage
Property maintenance code
Reactive or proactive enforcement
Homes? Apartments?
Traffic Calming Projects
AWC Budget Workshop
Prioritization of Unfunded Projects
Council group processes /strategies facilitator
Conference Facilities
You can meet in a room as simple as City Hall's Conference Room #3 to a hotel or
conference center. The rooms listed below are available as of Tuesday, November
30 If you choose a site Monday night, they will hopefully still be open. I have not
reserved any at this time. Again, the date for the retreat is January 22
Dumas Bay Conference Center 3200 Dash Point Road Federal Way
Daily charge $210; $35 /hour partial days
Tukwila Community Center 12424 42 Ave. S.
You've been there before: Conference Rooms A and B are open at this time. The right
price (free).
Washington Mutual Cedarbrook Leadership Lodge 18525 36 Ave. S. Sea Tac
$75/ person /day includes a continental breakfast and a lunch. Perhaps $750 with food
included.
Gordy's 13500 Interurban Ave S.
We would be in the conference rooms that are larger than we need. As of November
30, a large group needs the room by 4:30, but they are trying to get it a week earlier,
thereby clearing that date. I'll know by Monday's meeting time if it's available all day.
Marriott Courtyard 400 Andover Park West
The cost of a conference room is $250, and they can provide either a full or continental
breakfast, and lunch if you choose (for an additional cost).
CAS NUMBER: 04-178
MTG. DATE
12/06/04
MTG. DATE
12/06/04
COUNCIL AGENDA SYNOPSIS
Meeting Date
12/06/04
Prepared by
CK
Initials
Mayor's review
ITEM INFORMATION
review
ORIGINAL AGENDA DATE: DECEMBER 6, 2004
AGENDA ITEM TITLE Tukwila Urban Center Master Plan Consultant's Supplement
CATEGORY Discussion El Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 12/06/04
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S Mirai Associates contract No. 02 -014 was to conduct transportation planning and modeling
SUMMARY services in conjunction with the Urban Center Sub -Area Plan Update, updates to the
Transportation Element of the Comprehensive Plan, and revise the City's Concurrency
Ordinance and Impact Fee Schedule. Additional work is needed for contract administration
beyond the timeframe and public outreach.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm Parks Comm. Planning Comm.
DATE: 11/22/04
RECOMMENDATIONS:
SPONSOR /ADMIN. Authorize Mayor to sign Supplement with Mirai Associates
COMMITTEE Approve supplement and forward to Regular Council
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED CITY FUNDS REQUIRED
$270,793.00 $313,000.00 $313,000.00
Fund Source: 104.02 Commercial Streets (page 53, 2005 Proposed CIP)
Comments:
RECORD OF COUNCIL ACTION
ATTACHMENTS
Information Memo dated November 16, 2004
Consultant's Supplement
Transportation Committee Meeting Minutes from November 22, 2004
ITEM NO.
e
To: Mayor Mullet
From: Public Works Directo cri)T
Date: November 16, 2004 ((__JJ'""
Subject: Tukwila Urban Center Transportation: Additional Modeling, FEIS,
and Budget Needs
Project No. 01 -RWO6
Contract No. 02 -014
SunDiement No. 4 Mirai Associates
ISSUE
Additional work is necessary for the TUC Plan, and additional budget is necessary for
the new work as well as to cover the expense of the extended project time from the
existing contract with Mirai Associates.
BACKGROUND
INFORMATION MEMO
In February 2002, Consultant Agreement No. 02 -014 was signed with Mirai Associates
to conduct transportation planning and modeling services in conjunction with the Urban
Center Sub -Area Plan update, updates to the Transportation Element of the
Comprehensive Plan, and revise the City's Concurrency Ordinance and Impact Fee
Schedule. Three supplements to the original contract have been issued: a time
extension, the "Klickitat Area" report, and an analysis of impacts surrounding the
future I-405 work under design by WSDOT.
ANALYSIS
During the TUC work process, several issues have combined that have created a need
for both additional scope and budget. Originally, this work was contracted to be
completed by December 31, 2002. Delays in the planning process have extended the
timeframe by over two years at this point. Additional budget is necessary for the
contract administration. Further, some of the delays were due to an extended public
outreach process. Additional budget and time is necessary to account for the workload
and staffing impacts. And finally, during the TUC process, the need for additional
work arose to complete the study in a logical, effective manner. Budget needs to be
increased to accommodate the additional work.
RECOMMENDATION
Approve and execute Supplement No. 4 with Mirai Associates.
h:\pubworks \cyndy \tuc \information memo mirai supplement #4 -feis and additional scope &budget.doc
SUPPLEMENTAL AGREEMENT NO. 4
to
CONSULTANT AGREEMENT NO. 02 -014
THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila,
Washington, herein -after referred to as "the City," and Mirai Associates, hereinafter referred
to as "the Consultant," in consideration of the mutual benefits, terms, and conditions
hereinafter specified.
The City desires to supplement the agreement entered into with the Consultant and executed
on, February 8, 2002, and identified as Agreement No. 02 -014. All provisions in the basic
agreement remain in effect except as modified by this supplement.
The changes to the agreement are described as follows:
1. Scope of Services, is hereby changed to include performance of the services, identified
on Exhibit "A" attached hereto, including the provision of all labor materials,
equipment and supplies.
2. Payment, shall be amended as follows:
DATED this
Payment for the work provided by the Consultant as part of this supplement shall be
made as provided on Exhibit "B" attached hereto, provided that the total amount of
payment to the Consultant for Supplement No. 4 shall not exceed $44,533 without
express written modification of the Agreement signed by the City.
The maximum amount payable under this agreement as supplemented inclusive of all
fees and other costs is now $270,793.
3. Time for Performance, is amended to change the number of calendar days for
completion of the work to read:
Work under this contract shall commence upon the giving or written notice by the City
to the Consultant to proceed. The Consultant shall perform all services and provide all
work product required pursuant to this Agreement by December 3L 2005, unless an
extension of such time is granted in writing by the City.
day of 20
CITY OF TUKWILA MIRAI ASSOCIATES
Steven M. Mullet, Mayor
By:
Print Name:
Title:
Exhibit "A"
Tukwila Urban Center Subarea Plan /Supplemental EIS
(Tukwila Urban Center /CBD Master Plan)
Scope of Work for Transportation
Amendment #4
(Supplement No. 4)
The Scope of Work for Transportation (Exhibit A), attached to the Consultant Agreement
between the City of Tukwila and Mirai Associates, for Urban Center Subarea
Plan/Supplemental EIS, executed on February 8, 2002, as amended, will be amended as
follows:
Phase 0. Project Management
The following paragraphs will be added to Project 0, Project Management section:
The time for performance in the Consultant Agreement between the City and the
Consultant will be extended from December 31, 2002 to December 31, 2005.
Mirai project manager will continue to carry out the task for coordinating with city's
project manager, Public Works staff and Community Development staff for all
aspects of Mirai tasks, including producing high quality products and meeting the
agreed schedule.
Mirai project manager and his support staff will prepare materials necessary for
presentations to staff/consultant team workshops, coordination meetings, and
community /public workshops as instructed by the City project manager. The
consultant will attend 14 additional coordination/workshop meetings.
Budget Amendment:
Project management: (36 month x 4 hours per month of Project Manager x $139.59
per hour $21,100.96)
Additional coordination/workshops (4 hours of Project Manager per workshop x 14
times x $139.59 per hour=$7,817.04)
Subtotal: $28,918.00 ($21,100.96+$7,817.04)
Phase 1. Existing Conditions, Issues and Opportunities
Task lc. Develop Travel Demand Forecasting Model
The third paragraph in Task 1 c will be replaced with the following:
Page 1
The Consultant will develop an initial 2020 No- Action Traffic Model based on the
land use forecasts provided by Community Development staff and the roadway
network that reflects the committed road facility improvements for the entire City.
This initial 2020 No- Action model will be used to formulate needed traffic
mitigations that will support Tukwila Urban Center (TUC) land use concepts. Mirai
will focus on the development of the model for the PM peak hour.
The Consultant will refine the initial 2020 TUC No Action Model and create the 2020
No Action Model that can be used for the Tukwila Urban Center EIS. The Consultant
will develop the 2020 No Action Model based on revised land use forecasts provided
by the Community Development staff. The City project manager will provide clear
direction related to the 2020 No Action roadway network.
The Consultant will process the revised 2020 No Action traffic volumes from the
model for level of service (LOS) calculations. Applying the post processed 2020 No
Action volumes, the consultant will calculate intersection levels of service for the
TUC area, using Synchro software.
The Consultant will update the 2020 TUC Mall to Pond Alternative Traffic Model.
This model is referred to as the revised 2020 TUC preferred alternative model. The
Community Development staff will provide a set of revised 2020 land use for the
preferred alternative.
Budget Amendment:
Revised No- Action Model and refined Preferred Alternative Model: $7,935.00 (75
hours of Senior Modeler x $105.80 per hour)
Revised No Action LOS calculations: $3,840.00 (64 hours of Engineer x $60.00 per
hour)
Subtotal: $11,775.00 ($7,935.00 +$3,840.00)
Phase 2. Alternatives Analysis
Task 3a Conduct Impact Analysis Preferred Alternative —2 Analysis will be replaced with
the following:
2. Analysis
The consultant will identify the magnitude of 2020 transportation problems with No
Action and evaluate transportation facility needs for two TUC development
alternatives. The consultant will identify impacts to arterial intersections and
roadways within the TUC area and develop a list of recommended improvements to
support TUC alternatives. The consultant will assist the land use consultant to select
a preferred alternative based on the transportation facility needs. For the impact
analysis on the roadway system, Mirai will use the Tukwila model developed in Task
lc.
Page 2
The consultant will calculate PM peak hour levels of service and simulate the existing
and future conditions with a traffic operational model, using Synchro software. The
operational model will be developed for arterial corridors. The consultant will carry
out five sets of levels of service calculations: 1) Initial No Action Alternative, 2)
Mall -to -Pond Alternative, 3) Mall -to Station Alternative (Preferred Alternative), 4)
Revised No- Action Alternative, and 5) Revised Preferred Alternative.
Budget Amendment:
Revised Preferred Alternative LOS calculations: $3,840.00 (64 hours of Engineer
x $60.00 per hour)
Total Added Budget Amount:
Project management:
Revised No- Action Model:
Revised Preferred Alternative LOS calculations:
Total
$28,918.00
$11,775.00
$3.840.00
$44,533.00
Page 3
Title
Project Manager
Task Management Project Manager
Phase O. Project M Issues
1 Existing Conditions
Phase
and Oppor tunities
P hase 2. Alternatives Analysis
E "B" ntat EIS
Ian�Supp
Urban Center Subarea M Plan)
'Tukwila Urb Center
(Tukwila Urban F
Amen dment #4
(Supplement No. 4)
Eng ineer
Enginee
Hours
200 hours
75 hours
64 hours
64 hours
Rate
$139.
$139.
$60.0
$60.00
TOTAL
Amount
$28,918.
$7 ,935.
$3,840.0
$3,840.0
$44,533.0
Page 4
Transportation Committee
November 22, 2004
Present: Joan Hernandez, Chair; Joe Duffle, Pam Carter
Frank Iriarte, Bob Giberson, Gail Labanara, Cyndy Knighton, Lucy Lauterbach
1. Tukwila Urban Center Transportation Plan Additional work is needed on the Tukwila
Urban Center (TUC) Plan. Mirai Associates have been working on the Plan since 2002. Staff
knew these changes would be needed since 2003. As the Plan was originally going to be done in
one year, additional work is needed now. The time elapsed since 2002 as well as the public
comments have meant more studies and more project management are needed. Additional funds
of $44,533 are requested to pay for additional workshop meetings, and traffic studies of both the
TUC and Mall to Pond scenarios. No action and peak hour projections will be included. When
the studies are done they will be very useful in several ways. The contract is written to run until
December, 2005, but it is likely to be done in the spring of that year. Recommend Contract
Supplement and funding request to Regular Meeting.
2. S. 180 Street Project Acceptance The project at S. 180` won several awards including an
American Public Works 2004 Project of the Year nomination. The project was originally bid
over budget, but Bob Giberson volunteered to act as construction manager, thereby saving
substantial funds and bringing the project in slightly under budget. It is now ready for
acceptance by the City and release of the retainage. Recommend project acceptance to consent
agenda of a Regular Meeting.
3. Tukwila International Boulevard (TIB) Bid Award Street trees were added to this stage of
development of TIB because they couldn't be added when the State owned the highway. Now
that the City owns that section of TIB we are ready to plant. Two bids on the small works roster
were received, with the lower bid being under budget and being won by Buckley Nursery. A drip
irrigation system will also be installed. The Committee wanted to be sure the tree leaves
wouldn't clog the drains. Norway Maples and incense cedars will be planted in January. Award
bid for trees to Buckley Nursery for $99.253,02 at a Regular Meeting.
4. Tukwila International Boulevard Mid Block Crossings Bid Award Two mid block
crossings will be added to the Phase I section of TIB. One is by the Bartell's lot and Northfield
Car Wash and the other is at S. 150 near the new KFC. The crossings will be activated by
pedestrians walking, and the lights will flash in the pavement. This project was bid in the small
works roster, and Totem Electric won the bid that came in under budget. This project will be
done between January and March, 2005 after the special poles are purchased. Award bid for
$126,980.50 to Totem Electric for mid block crossings in Phase 1 at a Regular Meeting.
Committee Chair approval
Dec.
24th
Christmas Day
observed
31st New
Year's Day
observed
(City offices
closed)
Jan.
17th M.L.
King, Jr. Day
(City offices
closed)
Feb. 7
21st
Presidents'
Day (City
offices
closed)
Tentative Agenda Schedule
SEE AGENDA
PACKET FOR THIS
WEEK'S AGENDA
3 10
Special
Presentation:
Update on 2004-
2005 activities,
Julia Patterson
New Business:
Election of new
Council
President
13
Special Presentation:
Connectivity, David Lumen
Special Meeting to follow COW
Unfinished Business:
a) Ordinance approving street
vacation for Maule Avenue
(Radovich piece between 143rd
144th)
b) Sensitive Areas Ordinance
c) Ordinance adopting the
Proposed 2005 Budget
d) Resolution approving the 2005-
2010 Financial Planning Model
and Capital Improvement
Program
14
20
27
18 (Tues.) 24
22 (Tues.) 28
COW to be
immediately
followed by a Special
Meeting to approve
vouchers
31
5TH MONDAY OF THE
MONTH;
No Council Mtg.
Scheduled
f ionddj;-
Finance Safety,
5:05 PM
City Council
Regular, 7 PM
Transportation,
5 PM
Civil Service Cmsn,
5 PM
City Council COW,
7 PM
SWKCC, NOON
Arts Cmsn, 5 PM
Utilitie&,
CANCELLED
Community
Affairs Parks,
5 PM
Library Advisory
Board, 7 PM
Hwy 99 Action,
7 PM (HOLIDAY
POTLUCK)
8 :0007 0:04
COPCAB,
6:30 PM
x5MVesda
Crime Hot
Spots Task
Force, 10 AM
Parks Cmsn,
5:30 PM
9_Thursday
Planning Cmsn,
7 PM
ember
iFriday 11- Saturday
Tltursday I ridgy E I$ Saturday
Domestic
Violence Task
Force, NOON
Apt. Mgrs'
Networking
Lunch, NOON
Chipper Day
lAt Court notations are made to alert City of Tukwila employees /citizens of potential parking difficulty only.
Apartment Managers' Networking Lunch (3rd Thurs), NOON, (bring own lunch). TCC, contact Robbie Burns 206 242 -8084.
Arts Commission (1st Tues), 5 PM. TCC, contact Kimberly Matej 206 767 -2342.
Chipper Days, sponsored by the Washington State Dept. of Agriculture, (3rd Sat), 10 AM, Foster HS Main Parking Lot. Dispose
of prunings /plant materials from the Longhorned Beetle quarantine area. Drive your truckload of materials to the parking lot and
we'll help unload, chip, and dispose of materials free of charge. Be sure to bring ID w /quarantine area address.
City Council Committee of Whole (COW) Meeting (2nd 4th Mon), 7 PM, Council Chambers.
City Council Regular Meeting (1st 3rd Mon), 7 PM, Council Chambers.
Civil Service Commission (2nd Mon), 5 PM, Conf Rm #3, contact Bev Willison 206 433 -1844.
Community Affairs Parks Committee (2nd 4th Tues), 5 PM, Conf Rm #3.
Community Oriented Policing Citizens Adv. Brd. (COPCAB) (2nd Wed), 6:30 PM, Conf Rm #5, Marja Murray 206 433 -7175.
Crime Hot Spots Task Force (3rd Wed), 10 AM, CRC, Marja Murray 206 433 -7175.
➢Domestic Violence Task Force (3rd Th), Noon -1:30 PM, Conf Rm #5, Evie Boykan 206 -433 -7180 or Dave Haynes 206 433 -1812.
Equity Diversity Commission (1st Th), 5:15 PM, Showalter Middle School Library, call Lucy Lauterbach 206 -433 -1834.
Finance Safety Committee (1st 3rd Mon), 5:05 PM, Conf Rm #3; 12/6 Mtg.: a) Ordinance amending the 2004 Budget;
b) Ordinance adopting the Proposed 2005 Budget; c) Resolution approving the Proposed 2005 -2010 Financial Planning
Model/Capital Improvement Program; d) Streamlined Sales Tax Cities Coalition Interlocal Agreement; e) Amendment to Yakima
County Jail Interlocal Agreement.
➢Hwy 99 Action Committee, (2nd Tue), 7 PM, TCC, contact Dave Haynes 206 433 -1812.
Human Services Advisory Board (2nd Fri of odd months only), 10 AM, Human Srvcs Conf Rm, call Evie Boykan 206 433 -7180.
>Human Services Providers, 11:30 AM; 3/19, 6/18, 9/17, 12/3 (tentative), TCC, call Evie Boykan 206 433 -7180.
Library Advisory Board (2nd Tues), 7 PM, Foster Library, call Bruce Fletcher 206 767 -2343.
Parks Commission (3rd Wed), 5:30 PM, TCC Sr. Game Rm, contact Kimberly Matej 206 767 -2342.
Planning Commission /Board of Architectural Review (Public Hrg on 4th Th; Nov Dec 2nd Th), 7 PM, Council Chambers,
contact Wynetta Bivens 206 -431 -3670.
Sister City Committee (as needed), Conf. Rm #3, contact Lucy Lauterbach 206 -433 -1834.
➢Transportation Committee (2nd 4th Mon), 5 PM, 6300 Southcenter Blvd, Conf Rm #1.
Tukwila Government Affairs (SWKCC) (1st Tues), Noon, Chamber Offices, contact Nancy Damon 206 -575 -1633.
Tukwila Citizen Patrol (4th Mon), 7 PM, TCC. Everett Parr 206 762- 9219/Roy Steinauer 206 243 -9191, Tukcp @hotmail.com.
Utilities Committee (1st 3rd Tues), 5 PM, 6300 Southcenter Blvd, Conf Rm #1.
COUNCIL RECOMMENDED SENSITIVE AREAS ORDINANCE
NOVEMBER 23, 2004
Chapter 18.45
ENVIRONMENTALLY SENSITIVE AREAS
PAGE NUMBER
EXPLANATION
Sections:
The revised table of contents illustrates how the
18.45.010 Purpose
2
chapter has been reorganized to break up the "mega -
18.45.020 Best Available Science
3
sections" that currently exist in TMC 18.45 Several
18.45.030 Sensitive Area Applicability, Maps and Inventories
4
new sections have also been added to address Best
18.45.040 Sensitive Area Special Studies
6
Available Science and Fish and Wildlife Habitation
Conservation Areas.
18.45.050 Interpretation
10
18.45.060 Procedures
10
18.45.070 Sensitive Area Permitted Uses
12
18.45.080 Wetland Designations, Ratings and Buffers
16
18.45.090 Wetland Uses, Alterations and Mitigation
20
18.45.100 Watercourse Designations, Ratings and Buffers
25
18.45.110 Watercourse Uses, Alterations and Mitigation
29
18.45.120 Areas of Potential Geologic Instability Designations, Ratings and
34
Buffers
18.45.130 Areas of Potential Geologic Instability Uses, Exemptions, Alterations
and Mitigation
35
18.45.140 Abandoned Mine Areas
39
18.45.150 Fish and Wildlife Habitat Conservation Areas
40
18.45.160 Sensitive Area Master Plan Overlay
41
18.45.170 Sensitive Areas Tracts
44
18.45.180 Exceptions
44
18.45.190 Appeals
47
18.45.200 Recording Required
47
18.45.210 Assurance Device
47
18.45.220 Assessment Relief
48
q: \1 -04 SAO Update \Council Narrated Draft SAO -Table of Contents.doc
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
18.45.010 Purpose
A. The purpose of TMC 18.45 is to protect the
environment, human life and property, designate and classify
ecologically sensitive areas such as regulated wetlands and
watercourses and geologically hazardous areas and to protect these
areas and their functions and values, 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 to 925 and protect
critical areas as defined by WAC 365 -190 -080.
Wording of this section revised to incorporate reference to Best
Available Science and the Growth Management Act (GMA). The new
wording also introduces the terms "functions and values" in referring to
the characteristics of sensitive areas to be protected. The term
"regulated wetland" has been included to tie the definition in 18.06 to
the sensitive area regulations. See also page 16 for another reference to
"regulated wetlands."
B. Standards are hereby established to meet the following goals of
protecting environmentally sensitive areas:
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 sensitive 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 preserve or enhance anadromous fisheries.
10. Incorporate the use of best available science in the
regulation and protection of sensitive areas as required by the state
Growth Management Act, according to WAC 365 -195 -900 through
365- 195 -925.
#9 and 10 are new goals added to reflect (1) the requirement to use Best
Available Science in the development of regulations as well as in the
review of proposed uses in sensitive areas; and (2) the need to protect
anadromous fish as specified in the GMA (RCW 36.70A.172 (1) and
WAC 365 -195 -900) and endangered species as identified by the federal
government.
2
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
18.45.020 Best Available Science
A. Policies, regulations and decisions concerning sensitive areas shall
rely on Best Available Science to protect the functions and values
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 sensitive 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 sensitive areas or replace their functions.
This new section identifies the requirement of RCW 36.70A and WAC
365 -195 -900 to use Best Available Science (BAS) both when preparing
policies and regulations governing sensitive areas.
3
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
18.45.030 Sensitive Area Applicability, Maps and Inventories
A. Applicability The provisions of TMC 18.45 shall
apply to all land uses and all development activities in a sensitive area
or a sensitive area buffer as defined in the Definitions chapter of this
title. The provisions of this-chapter TMC 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 sensitive area or
buffer except as consistent with the purposes and requirements of this
chapter TMC 18.45. The following are sensitive areas regulated by this
chapter TMC 18.45:
1. Abandoned coal mines;
2. Areas of potential geologic instability: Class 2, 3, and 4 (as
defined in the Definitions chapter of this title and TMC 18.45.120 A.);
3. Wetlands;
4. Watercourses;
5. Fish and Wildlife Habitat Conservation Areas.
The Growth Management Act also identifies frequently flooded
areas and areas of seismic instability as critical areas. Regulations
governing frequently flooded areas are found in TMC 16.52, Flood
Zone Management. Areas of seismic instability are defined and
regulated through the Washington State Building Code.
TMC 18.45.020 has been modified to remove the more detailed
discussion of the designation of wetlands, watercourses, areas of
potential geologic instability, sensitive area special studies. These have
been moved to their own sections, in part to break -up the mega- sections
organization of the current code.
The applicability of TMC 18.45 has been revised to better identify
when the Sensitive Areas Ordinance (SAO) applies. The current code
applies the SAO to all lands even if only a small portion of a sensitive
area is on the site and the proposed development would be located
completely away from the sensitive area.
Reference to seismic instability is deleted as the Washington State
Building Code will be used to govern these sensitive areas.
"Areas of archaeological remnants" have been removed from coverage
as sensitive areas as these are not a "critical area" as identified by the
Growth Management Act. These areas continue to be protected through
the proposed amendment to TMC 18.50.110, MIC/L and MIC/H Zone
Archaeological/Paleontological Information Preservation Requirements
and State Environmental Policy Act (SEPA) review.
Wildlife habitat conservation areas have been added as the GMA
identifies these as critical areas.
Identifies where the regulations for flood hazard and seismic instability
areas can be found, as they are not addressed in the SAO.
B. The City shall not approve any permit or otherwise issue any
authorization to alter the condition of sensitive area land, water
or vegetation or to construct or alter any structure or
improvement in, over, or on a sensitive area or its buffer,
without first ensuring compliance with the requirements of this
chapter TMC 18.45.
Language is added to make clear the City is to ensure compliance with
the SAO.
4
q: \1 -04 SAO Update \11-23 SAO PC Revisions Accepted- Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
C. Approval of a permit or development proposal pursuant to the
provisions of TMC 18.45 this chapter does not release the
applicant from any obligation to comply with the provisions of
TMC 18.45 this-chapter.
Makes clear applicants must comply with all aspects of the SAO.
D. When TMC 18.45 imposes greater restrictions or
higher standards upon the development or use of land than other laws,
ordinances or restrictive covenants, the provisions of TMC 18.45 this
chapter shall prevail.
This language currently is found in TMC 18.45.020 G (after Sensitive
Area Special Studies).
E. It is the obligation of the property owner to comply with
all relevant provisions of this Code.
Formerly found in TMC 18.45.020 H (after Sensitive Area Special
Studies). New language makes clear that property owners are
responsible for compliance with this Code.
F. Sensitive Areas Maps and Inventories
1. The distribution of many sensitive areas in Tukwila is
displayed on the Sensitive 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.
2. Studies, preliminary inventories and ratings of potential
sensitive areas are on file with DCD.
3. The location of many sensitive areas in Tukwila is
identified on the City's Sensitive Areas Map, which is hereby adopted
by reference. The map is used to alert the public of the potential
location of sensitive areas in Tukwila. As new environmental
information related to sensitive areas becomes available, the Director is
hereby designated to add periodically new information to the Sensitive
Areas Map. Removal of any information from the sensitive area maps
must be approved by the City Council.
4. Regardless of whether a sensitive area is shown on the
Sensitive Areas Map, the actual physical presence or absence of the
features defined in this code as sensitive areas shall govern. The
Director may require an applicant to submit technical information to
indicate whether sensitive areas actually exist on or adjacent to the
applicant's site, based on the definitions of sensitive areas in this code.
5. All revisions, updates and reprinting of sensitive areas
maps, inventories, ratings and buffers shall conform to TMC 18.45 this
fir.
Updated source of information for Sensitive Area Maps and inventories.
Reference to the Sensitive Areas Notebook is removed, as there was
never one notebook but rather a variety of source information for the
current SAO. SAO related background information will continue to be
kept on file with the Department.
The revisions to #3 make clear that information may be added to the
SAO map without Council approval, but the removal of any identified
sensitive area from the map requires Council review and approval.
Language in #4 is to cover situations where we haven't identified a
sensitive area on or adjacent to a property but there is one.
5
q: \1 -04 SAO Update \11-23 SAO PC Revisions Accepted- Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
18.45.040 Sensitive Areas Special Studies
A. Required. An applicant for a development proposal that may
include a sensitive area and /or its buffer shall submit those studies
as required by the City and specified below to adequately identify
and evaluate the sensitive area and its buffers.
1. A required sensitive areas study shall be prepared by a
person with experience and training in the scientific
discipline appropriate for the relevant sensitive area 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,
engineering, environmental studies, fisheries, geotechnical
or related field, and two years of related work experience.
a. A qualified professional for Fish and Wildlife Habitat
Conservation Areas or wetlands must have a degree in
ecology or related sciences and professional experience
related to the subject species.
b. A qualified professional for wetland sensitive area
studies must be a certified Professional Wetland Scientist or
a noncertified professional wetland scientist with at least
two years of full -time work experience as a wetlands
professional, including delineating wetlands using the state
or federal manuals, preparing wetland reports, conducting
function assessments, and developing and implementing
mitigation plans.
b.c. A qualified professional for a geological hazard study
must be a professional geotechnical engineer, as defined in
TMC 18.06.ee licensed in the state of Washington.
e:d: A qualified professional for watercourses means a
hydrologist, geologist, engineer or other scientist with
experience in preparing watercourse assessments.
A new section has been created to describe the requirements of sensitive
area special studies. Currently, limited guidance on the contents of a
sensitive areas study is found in Subsection F, of TMC 18.45.020. The
requirements for geotechnical studies have been moved to this section
from its current location in TMC 18.45.080 E.4.
This section spells out what qualifications a person must have to
prepare certain special studies. The State does not have a license for a
geotechnical engineer, so it is proposed to revise the definition currently
in TMC 18.06 to reflect the definition of a geotechnical engineer as
used by Public Works.
Reference to the wetland studies has been removed from the section and
a new subsection created below in b.
In response to a recommendation by Richard Robohn, Department of
Ecology, this new subsection has been added to address the
qualifications for individuals preparing wetland sensitive area studies
rather than adding the language to subsection a.
Reference to TMC 18.06ee will be corrected when the Definitions
Chapter is reformatted and new subsection numbers are applied.
2. The sensitive areas study shall use scientifically valid
methods and studies in the analysis of sensitive area data
and shall use field reconnaissance and reference the source
This subsection links the required sensitive area study to the use of
scientifically valid information as required by Best Available Science.
6
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted- Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
7
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
of science used. The sensitive area study shall evaluate the
proposal and all probable impacts to sensitive areas in
accordance with the provisions of TMC 18.45 this chapter.
B.
Wetland and Watercourse Sensitive Area Studies The sensitive
The current SAO does not specify the information items to be included
area study shall contain the following information, as
as part of a sensitive area study, except for geotechnical studies. This
applicable:
section provides guidance on the items that should be included in
1. The name and contact information of the applicant, a
description of the proposal, and identification of the
permit requested;
sensitive area studies for wetlands and watercourses.
2. A copy of the site plan for the development proposal
showing: sensitive areas and buffers; 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 sensitive areas,
water bodies, and buffers adjacent to the proposed
project area or potentially impacted by the proposed
project;
5. A statement specifying the accuracy of the study and
assumptions used in the study;
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
sensitive 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 sensitive 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; and
7
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
11. Any technical information required by the director to
assist in determining compliance with TMC 18.45 this
fir.
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 unless waived pursuant to TMC 18.45.040
D.
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.
Subsurface exploration of site conditions is at the discretion of the
geotechnical engineer.
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, 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 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 appropriate City department. Where
appropriate, a geologist must be included as part of the geotechnical
consulting team. The report shall make specific recommendations
concerning development of the site.
5. The geotechnical engineers required under this
Geotechnical report requirements are from TMC 18.45.080 E.4.
Language correction to use the correct terminology for who can prepare
geotechnical reports.
For the new language in #3: Typically infiltration is required for storm
water on -site — however for areas with slopes an assessment is needed
to determine if this form of storm water control is appropriate.
Seismic hazards are addressed through the building code rather than the
SAO.
City Council deleted #5 as the language duplicates earlier language in
18.45.040 A 1.b., above.
8
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
approved by the Director. If the
engineers' credentials are not
sufficient, the City to different
may require- applicants use a engineer or
firm which that does meet the City's standards.
56. 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.
D. Sensitive Area Study - Modifications to Requirements
1. The Director may limit the required geographic area of the
sensitive area study as appropriate if:
a. The applicant, with assistance from the city, cannot
obtain permission to access properties adjacent to the
project area; or
b. The proposed activity will affect only a limited part of
the site.
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
sensitive area impacts and required mitigation.
Subsection D. is new and explains the limitations and modifications
permitted to study requirements
E. Waiver. If there is written agreement between the Director and the
applicant concerning the sensitive area classification and type, the
Director may waive the requirement for sensitive area studies provided
that no adverse impacts to sensitive areas or buffers will result. There
must be substantial evidence that the sensitive areas classification is
correct, that there will be no detrimental impact to the sensitive areas or
buffers, and that the goals, purposes, objectives and requirements of
TMC 18.45 will be followed.
The proposed change in language is to strengthen this section to make
sure that a waiver won't impact sensitive areas or buffers. Without the
language, a waiver could result in a decision process whereby scientific
information is not used or required.
9
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
F Review of Studies. The DCD will review the information
submitted in the sensitive area studies to verify the information, confirm
the nature and type of the sensitive area, and ensure the study is
consistent with TMC 18.45 this-ehaptef. At the discretion of the
Director, sensitive area studies may undergo peer review, at the expense
of the applicant.
Change in location within section. Currently 18.45.080.E 4.h. requires
independent review only of geotechnical reports and links to TMC
21.04.140, the City's SEPA requirements that authorizes peer review
for geotechnical reports, seismic and coal mine hazard areas. This
section broadens the authority of the Director to require peer review for
any sensitive area study if necessary.
18.45.050 Interpretation
The provisions of TMC 18.45 shall be held to be minimum
requirements in their interpretation and application and shall be liberally
construed to serve the purposes of TMC 18.45 this chapter.
No change from current ordinance.
18.45.060 Procedures
When an applicant submits an application for any building permit,
subdivision, short subdivision or any other land use review which
approves a use, development or future construction, the location and
dimensions of all sensitive areas and buffers on the site shall be
indicated on the plans submitted. When a sensitive area is identified,
the following procedures apply. The Director may waive item numbers
1, 2, 4 and 5 of the following if the size and complexity of the project
does not warrant that step in the procedures and the Director grants a
waiver pursuant to TMC 18.45.040 D.
Minor word change to this section and correction to TMC reference.
1. Sensitive areas study and geotechnical report -
a. The applicant shall submit the relevant study as
required in TMC 21.04.140 and TMC 18.45 this chapter.
b. It is intended that sensitive areas studies and
information be utilized by applicants in preparation of their proposals
and therefore shall be undertaken early in the design stages of a project.
2. Planned residential development permit - Any new
residential subdivision or multiple family residential proposal that
includes a wetland or watercouse or its buffer on the site may apply
for a planned residential development permit and meet the
requirements of the Planned Residential Development District
chapter of this title.
3. Denial of use or development - A use or development
Revisions to #2 make this subsection consistent with TMC 18.46, the
Planned Residential Development (PRD) chapter, which specifies that
the application of the PRD process is optional, not mandatory and may
be used only in sensitive areas with wetlands or watercourses, not areas
of potential geologic instability.
10
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
will be denied if the Director determines that the applicant cannot
ensure that potential dangers and costs to future inhabitants of the
development, adjacent and local properties, and Tukwila are
minimized and mitigated to an acceptable level.
4. Pre - construction meeting - The applicant, specialist(s) of
record, contractor, and department representatives will be required to
attend preconstruction meetings prior to any work on the site.
5. Construction monitoring - The specialist(s) of record
shall be retained to monitor the site during construction.
6. On -site Identification - The Director may require the
boundary between a sensitive area and its buffer and any
development or use to be permanently identified with fencing, or
with a wood or metal sign with treated wood, concrete or metal
posts. Size will be determined at the time of permitting, and
wording shall be as follows:
"Protection of this natural area is in your care. Alteration or
disturbance is prohibited pursuant to TMC Chapter 18.45.
Please call the City of Tukwila for more information."
Terminology is revised to be consistent with what the meetings are
called.
11
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
18.45.070 Sensitive Area Permitted Uses
A. General Uses - The uses set forth in this entire section,
including subsections A through D, and the following general uses, may
be located within a sensitive area or buffer, subject to the provisions of
TMC 21.04 and of the mitigation requirements of TMC 18.45 this
chapter:
1. Maintenance and repair of existing uses and facilities
provided no alteration or additional fill materials will be placed or
heavy construction equipment used in the sensitive area or buffer;
2. Nondestructive education and research;
3. Passive recreation and open space;
4. Maintenance and repair of essential streets, roads, rights -of-
way, or utilities;
5. Actions to remedy the effects of emergencies that threaten
the public health, safety or welfare.
6. Maintenance activities of existing landscaping and gardens
in a sensitive area buffer, including but not limited to mowing lawns,
weeding, harvesting and replanting of garden crops and pruning and
planting of vegetation. The use of herbicides and pesticides is
discouraged, particularly in buffers to salmonid watercourses. The
removal of established native trees and shrubs is not permitted.
A new section has been created to consolidate uses that are permitted
regardless of the sensitive area. Uses specific to wetlands, watercourses
and areas of potential geologic instability will be placed under new
sections devoted to uses permitted only in those sensitive areas.
Subsections B, numbers 6 -9 below previously appeared separately
under both Wetland and Watercourse permitted uses in TMC 18.45.080
C. and D.
The new language in #6 is proposed to address concerns that routine
yard maintenance activities of existing landscaping and gardens would
not be permitted under the SAO. There is a recent federal district court
distance of a salmonid bearing stream. The last sentence of #f6
. .. . . • . The use of herbicides and pesticides is
discouraged but State and Federal regulations will be used to control
pesticide and herbicide use. The new sentence was recommended by
Richard Robohm, Dept. of Ecology and the Council concurred.
B. Permitted Uses Subject To Administrative Review - The
following uses may be permitted only after administrative review and
approval 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;
2. Construction of new essential streets and roads, rights -of-
way and utilities;
3. New surface water discharges to sensitive areas or their
buffers from detention facilities, presettlement ponds or other surface
water management structures may be allowed provided that the
Most of the changes from current code are to change references to
specific sensitive areas (i.e. wetlands, watercourses) to the more general
term "sensitive area."
The language changes proposed in #3 are meant to clarify the impacts
that storm water discharge may not generate.
12
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted- Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
discharge meets the clean water standards of RCW 90.48 and WAC
173.200 and 173.201 as amended, and does not adversely affect water
level fluctuations in the wetland or adversely affect watercourse habitat
and watercourse flow conditions relative to the existing rate;
4. Regional storm water detention areas may be allowed in a
Type -3 wetland, Type 3 or 4 watercourse sensitive areas and/or their
buffers per the standards of 18.45.090 and 1845.110. Design shall be
subject to the standards of this section and other applicable City
standards, including mitigation. Type 1 wetlands and Type 1 and 2
watercourses shall not be used for regional storm water detention:
5. Enhancement or other mitigation including landscaping
with native plants.
The language revision in #4 is proposed to permit the use of sensitive
areas and their buffers for regional detention facilities. The use of
sensitive areas for this purpose is a public policy decision that will
weigh the public benefits of using a sensitive area for this purpose
against the change that will be caused to the sensitive area. The impacts
would be analyzed and mitigation required if a sensitive area is used for
a regional detention facility. Language has been added to restrict the
location of regional storm water detention to Type 3 wetlands and Type
3 or 4 watercourses only.
The language addition in 5. was recommended by Richard Robohm,
DOE, and the Council concurred.
6G. Essential Utilities.
a. Essential utilities must be constructed to minimize, or
where possible avoid, disturbance of the sensitive area and its buffer.
b. All construction must be designed to protect the
sensitive 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.
c. Upon completion of installation of essential utilities,
sensitive areas and their buffers must be restored to pre - project
configuration, replanted as required and provided with maintenance
care until newly planted vegetation is established.
d. All crossings must be designed for shared facilities in
order to minimize adverse impacts and reduce the number of crossings.
7D. Essential Streets, Roads and Rights -of -Way.
a. Essential streets, roads and rights -of -way must be
designed and maintained to prevent erosion and avoid restricting the
natural movement of groundwater.
b. Essential streets, roads and rights -of -way must be
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.
The permitted uses common to all sensitive areas have been
consolidated under B., Permitted. Uses Subject to Administrative
Review the new subsections C, D, E and F. Those uses that apply only
to watercourses, such as piping, are now found in 18.45.110, page 28
below.
13
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
c. Essential streets, roads and rights -of -way must be
constructed in a way that does not adversely affect the hydrologic
quality of the wetland or interrelated stream habitat, or the hydrologic
quality of the watercourse and its buffer. Where feasible, crossings
must allow for combination with other essential utilities.
d. Upon completion of construction, the area affected
must be restored to an appropriate grade, replanted according to a plan
approved by the Director, and provided with care until newly planted
vegetation is established.
8.E.Public Use and Access.
No change from current code other than to change references to specific
sensitive areas (i.e. wetlands, watercourses) to the more general term
a. Public access shall be limited to trails, boardwalks,
covered or uncovered viewing and seating areas, and displays and must
be located in areas which have the lowest sensitivity to human
disturbance or alteration.
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
"sensitive area."
Plan.
c. No motorized vehicle is allowed within a sensitive
area or its buffer except as required for necessary maintenance,
agricultural management or security.
d. Any public access or interpretive displays developed
along a sensitive 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 sensitive
areas and their buffers by limiting access to designated public use or
interpretive areas.
f. Access trails must incorporate design features and
materials that protect water quality and allow adequate surface water
and groundwater movement.
g. Access trails 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.
14
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
9F. Dredging, Digging or Filling.
a. Dredging, digging or filling within a sensitive area or
its buffer may occur only with the permission of the Director and only
for the following purposes:
(1) Uses permitted by TMC 18.45.070, 18.45.090,
18.45.110, 18.45.130;
(2) Maintenance of an existing watercourse;
(3) Enhancement or restoration of habitat in
conformance with an approved mitigation plan identified in a sensitive
area study;
(4) Natural system interpretation, education or
research when undertaken by, or in cooperation with, the City;
(55 Flood control or water quality enhancement by the
City;
(6) Maintenance of existing water quality controls, for
normal maintenance needs and for any diversion, rerouting, piping or
other alteration permitted by TMC 18.45 this chapter;
(7) Filling of abandoned mines.
b. Any dredging, digging or filling shall be performed in
a manner that will minimize sedimentation in the water. Every effort
will be made to perform such work at the time of year when the impact
can be lessened.
c. Upon completion of construction, the area affected must
be restored to an appropriate grade, replanted according to a plan
approved by the Director, and provided with care until newly - planted
vegetation is established
No change from current code other than to change references to specific
sensitive areas (i.e. wetlands, watercourses) to the more general term
"sensitive area" and to correct references in 1. (a) to other sections of
chapter 18.45.
The Council added the filling of abandoned mines as an additional
permitted use during their review of the SAO.
C.G. Permitted Uses Subject to Exception Approval! Other uses
may be permitted upon receiving a reasonable use exception pursuant to
TMC 18.45.180. A use permitted through a reasonable use exception
shall conform to the procedures of TMC 18.45 and be
consistent with the underlying zoning.
This language is currently found in 18.45.080 G. There are no
proposed revisions to the text.
1D. Uses allowed under a Sensitive Area Master Plan prepared and
approved under the provisions of TMC 18.45.160.
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted- Council Actions Narrated
12/1/04
This new subsection links the permitted uses in TMC 18.45.080 with
the new Master Plan Overlay District found in 18.45.KK, page 68
15
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
16
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
below.
18.45.80 Wetlands Designations, Ratings and Buffers
A. Wetland Designations. For the purposes of TMC 18.45
This new section addresses wetland designations, ratings and buffers.
Currently, this language is found in subsection C. of TMC 18.45. 020.
A reference to "regulated wetlands" has been added as a tie into the
this-ehapter, "wetlands" and "regulated wetlands" is are
definition in 18.06 for regulated wetlands. An additional reference if
defined in the Definitions chapter of this title. A wetland
boundary is the line delineating the outer edge of a wetland
established by using the Washington State Wetland and
Delineation Manual, as required by RCW 36.70A.175
(Ecology Publication #96 -94) and consistent with the 1987
Corps of Engineers Wetland Delineation Manual.
For the purposes of this section, the U.S. Fish and Wildlife
Service's "Classification of Wetlands and Deepwater Habitats of the
United States FWS /OBS- 79/31" (Cowardin et al., 1979), contains the
descriptions of wetland classes and subclasses.
Wetland areas within the City of Tukwila have certain
characteristics, functions and values and have been influenced
by urbanization and related disturbances. Wetland functions
include, but are not limited to the following:
• Improving water quality;
• Maintaining hydrologic functions (reducing peak flows,
decreasing erosion, recharging groundwater); and
• Providing habitat for plants, mammals, fish, birds and
found in TMC 18.45.010. Purpose section.
The source reference has been updated to use the Department of
Ecology manual rather than the EPA and Army Corps of Engineer data.
This language has been moved from subsection B, below to this
location so that all references to scientific sources related to wetland
ratings are in the same place.
This new language identifies some of the key functions provided by
wetlands. The source of the information is Volume 1, Synthesis of the
Science, Freshwater Wetlands in Washington State, prepared by the
Department of Ecology.
amphibians.
B. Wetland Ratings. Wetlands shall be designated Type 1, Type 2, or
Type 3 as listed below:
1. Type 1 wetlands are those wetlands that meet any of the
following criteria:
a. The wetland is characterized by the presence of
species listed by the federal government or State as endangered or
threatened, or the presence of critical or outstanding habitat for those
species,
b. The wetland has 40% to 60% permanent open water in
This language was formerly located in TMC 18.45.020 C. The
thresholds for Type 2 and 3 wetlands have been revised.
16
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
dispersed patches with two or more classes of vegetation,
c. The wetland is equal to or greater than five acres in
size and has three or more wetland classes, one of which may be
substituted by permanent or open water; or
d. The wetland is documented as habitat for regionally
significant waterfowl or shorebird areas by the Washington State
Department of Fish and Wildlife.
2. Type 2 wetlands are those wetlands that meet any of the
following criteria:
a. The wetland is equal to or greater than one acre in
size,
b. The wetland has three or more wetland classes and is
less than 5 acres;
c. The wetland is characterized by the presence of
nesting sites for priority species as listed by the Washington State
Department of Fish and Wildlife. ; or
d. The wetland is hydrologically connected n(n-
Regardless of the size of the wetland, if it is hydrologically connected
with a Type 1 or 2 watercourse (characterized by having salmonids)
then it should be a Type 2 wetland.
At its work session on 11/23, the Council returned the threshold for
isolated) to a Type 1 or Type 2 watercourse.
3. Type 3 wetlands are those wetlands that are greater than
2,500 1000 ft. less than in two fewer
Type 3 wetlands to the current 1,000 sq. ft.
sq. and one acre size with or
wetland classes.
C. Wetland Buffers — A buffer area shall be established adjacent to
designated wetland areas. The purpose of the buffer area shall be to
protect the integrity, functions and values 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;
Language on wetland buffers is currently located in TMC 18.45.040
A.1.
Items 1 -8 are consolidated from TMC 18.45.040 A.1. and A.2.
17
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted- Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
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 sensitive area from human and domestic animal
disturbance.
An undisturbed sensitive area or buffer may substitute for the yard
setback and landscape requirements of TMC 18.50 and TMC 18.52.
The code citations for the Supplemental Development Standards
chapter and Landscape chapter are used here rather than the chapter
titles.
D. Special Buffer Studies - Applicants for a use or development
within a wetland or its buffer shall be required to conduct a sensitive
area study to provide a buffer analysis for the sensitive area. This study
may be waived by the Director pursuant to TMC 18.45.040 D.
This language is currently located in TMC 18.45.040 B. It will be
repeated under each sensitive area section (wetland, watercourses, areas
of potential geologic instability). The reference to legal lot of record is
deleted so as to require sensitive area studies for all uses or
development, period.
E. Wetland Buffer Widths. The following standard buffers shall be
established from the wetland edge:
1. Type 1 Wetland, 100 -foot buffer;
2. Type 2 Wetland, 50 80 -foot buffer
The Planning Commission retained the current buffer widths as
identified in TMC 18.45.040 C.1. The Council at its work session on
11 /23/04 revised the buffer widths for Type 2 and 3 wetlands based on
3. Type 3 Wetland, 25 50 -foot buffer
the original staff recommendations to the Planning Commission.
F. Buffer Setbacks.
1. All commercial and industrial buildings shall be set
back 15 feet and all other development shall be set back ten fie
This language has been revised to make sure there is room to
accommodate maintenance activities without encroaching into the
wetland buffer. At the 11/23/04 work session, the Council returned the
ten feet. The building setbacks shall be measured from the
foundation to the buffer's edge. Building plans shall also
setback for other development to ten feet. . The new sentence at the
end of 1. addresses a comment by Ms. Lynn Kohn, Department of
identify a 20 -foot area beyond the buffer setback within which
Community, Trade and Economic Development.
the impacts of development will be reviewed.
The setback only applies to "development," which is anything that
requires a building permit.
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. (See Figure 18 -2.)
G. Variation of Standard Wetland Buffer Width
1. The Director may reduce the standard wetland
buffers on a case -by -case basis,_ provided the reduced buffer area does
At their meeting on September 16, 2004, the Planning Commission
affirmed that their intent with changes to the language in subsection
18
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted- Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
not contain slopes 15% or greater. The approved buffer width shall not
in than 50% in the buffer
G.1. was to reestablish a minimum reduced buffer of 15 feet and to
retain the other staff recommended revisions to this section. The
language in G.1. has been clarified as it relates to slopes in the buffer
area; the percent slope has been revised to reflect the new threshold of
regulated slope, which is 15% or greater.
The struck language is no longer needed, - it is redundant, as the 50%
result greater a reduction width. and reduced
be less than 25 15 feet for
shall not any wetland.
reduction will determine the minimum buffer width..
2. Buffer reduction with enhancement may be allowed by
the Director as a Type 2 permit if:
a. Additional protection to wetlands will be provided
through the implementation of a buffer enhancement plan;
b. The existing condition of the buffer is degraded;
c. Buffer enhancement includes, but is not limited to the
following:
(1) Planting vegetation that would increase value for
fish and wildlife habitat, or improve water quality,; or provide
This new language provides guidance on the circumstances under which
the Director will consider buffer reductions.
NOTE: this language is struck as providing aesthetic or recreational
values is not consistent with Best Available Science.
/recreational
aesthetic value;
(2) Enhancement of wildlife habitat by incorporating
structures that are likely to be used by wildlife, including wood duck
boxes, bat boxes, nesting platforms, snags, rootwads /stumps, birdhouses
and heron nesting areas; or
(3) Removing non - native plant species and noxious
weeds from the buffer area and replanting the area subject to 2.c. (1)
above.
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 specialist 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 habitat for endangered,
threatened, sensitive or monitor species listed by the federal
This language is currently found in TMC 18.45.040 C.4.b.
19
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
government or the State.
4. Every reasonable effort shall be made to maintain the
existing viable native plant life in the buffers. 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 disturbance of the buffers
for wetlands shall be replanted with a diverse plant community of
native northwest species that are appropriate for the specific site as
determined by the Director.
If the vegetation must be removed, or because of the
alterations of the landscape the vegetation becomes damaged or dies,
then the applicant for a permit must replace existing vegetation along
wetlands with comparable specimens, approved by the Director, which
will restore buffer functions within five years.
4. The Director shall require subsequent corrective actions
and long -term monitoring of the project if adverse impacts
to regulated wetlands or their buffers are identified.
This language is currently found in TMC 18.45.040 C.4.c. and 4.d.
18.45.090 Wetlands Uses, Alterations and Mitigation
A. No use or development may occur in a Type 1, Type 2 or Type
3 wetland or its buffer except as specifically allowed by TMC 18.45
New section to address only wetland uses, alteration and mitigation.
Most of the text is from TMC 18.45.080.C.1.
Text makes clear that Director must review and approve any use or
development in a wetland or its buffer and when a mitigation or
enhancement plan is required, it must comply with the standards of
TMC 18.45.
this-ehaptef. Any use or development allowed is subject to review and
approval by the Director. Where required, a mitigation or enhancement
plan must be developed and must comply with the standards of
mitigation required in TMC 18.45 this chapter.
B. Alterations.
1. Alterations of 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 mademet:
This section adds criteria (a -f) that must be met for any alteration to a
wetland and establishes a mitigation ratio for alterations to Type 2
wetlands.
a. The alteration will not adversely affect water quality;
b. The alteration will not adversely affect fish, wildlife, or
20
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
their habitat;
c. The alteration will not have an adverse effect on drainage
and/or storm water detention capabilities;
d. The alteration will not lead to unstable earth conditions
or create an erosion hazard or contribute to scouring actions;
e. The alteration will not be materially detrimental to any
other property; and
f. The alteration will not have adverse effects on any other
sensitive areas.
2. Alterations are not permitted to Type 1 wetlands unless
specifically exempted under the provisions of TMC 18.45 this-shapter
3. Alterations to Type 2 wetlands are prohibited except
where the location or configuration of the wetland provides practical
difficulties that can be resolved by modifying up to .10 (one- tenth) of
an acre of wetland. Mitigation for any alteration to a Type 2 wetland
must be provided at a ratio of 1.5:1 for creation or restoration and 3:1
for enhancement and must be located contiguous to the altered wetland.
4. Isolated Type 3 wetlands may be altered or relocated,
only with the permission of the Director. A mitigation or enhancement
plan must be developed and must comply with the standards of
mitigation required in TMC 18.45 this chapter.
5. Mitigation plans shall be completed for any proposals
for dredging, filling, alterations and relocation of wetland habitat
allowed in TMC 18.45
6. Isolated wetlands formed on fill material in highly
disturbed environmental conditions and assessed as having
low overall wetland functions may be altered and/or
relocated under TMC 18.45 this chapter. These wetlands
may include artificial hydrology or wetlands
unintentionally created as the result of construction
activities. The determination that a wetland is isolated is
made through the Type 2 permit process. A mitigation or
enhancement plan must be developed and must comply
with the standards of mitigation required in TMC 18.45 this
ehaPter
Item #3 is a major change from our current code. This subsection
introduces the possibility of altering a Type 2 wetland to some extent
without having to go through the reasonable use exception process. The
.10 -acre comes from the threshold for a Corps permit. The addition of
this language makes the - mitigation ratios consistent with subsection D
below.
#6 permits the alteration or relocation of certain isolated wetlands. The
addition of "overall" provides further guidance on the characteristics of
the isolated wetland.
21
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted- Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
22
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted- Council Actions Narrated
12/1/04
C. Mitigation Sequencing. Applicants shall demonstrate that
This is a new subsection that establishes a hierarchy of preference for
reasonable efforts have been examined with the intent to avoid and
minimize impacts to wetlands and wetland buffers. When an alteration
to a wetland or its required buffer is proposed, such alteration shall be
avoided, minimized or compensated for in the following order of
preference:
wetland mitigation actions.
a. Avoidance of wetland and wetland buffer impacts, whether
by finding another site or changing the location of the
proposed activity on -site.
b. Minimizing wetland and wetland buffer impacts by limiting
the degree of impact on site;
c. Mitigation actions that require compensation by replacing,
enhancing, or substitution shall occur in the following order
of preference:
i. Restoring wetlands on upland sites that were
formerly wetlands;
ii. Enhancing significantly degraded wetlands.
iii. Creating wetlands on disturbed upland sites such
as those with vegetative cover consisting
primarily of exotic introduced species or noxious
weeds.
D. Mitigation Plans.
1. The mitigation plan shall be developed as part of a
sensitive area study by a specialist approved by the Director. 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 follow the performance standards of TMC
#1 and 2 are currently found in TMC 18.45.080 C.2. a. and 2.b.
18.45 and show how water quality, wildlife and fish habitat,
Enhancement of wetlands as mitigation is separated out in #3 to require
and general wetland quality would be improved.
2. In order to achieve the City's goal of no net loss of
wetland functions and acreage, alteration of wetlands will require the
applicant to provide a restoration, or creation plan to compensate for the
impacts to the wetland and will compensate at a ratio of 1.5 to 1.
3. Impacts to wetlands may be mitigated by enhancement
22
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted- Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
of existing significantly degraded wetlands, however, in order to
achieve the City's goal of no net loss of wetland functions and acreage,
mitigation through enhancement must be compensated at a ratio of 3:1.
Applicants proposing to enhance wetlands must produce a sensitive
area study that identifies how enhancement will increase the functions
of the degraded wetland and how this increase will adequately mitigate
for the loss of wetland area and function at the impact site. An
enhancement proposal must also show whether existing wetland
functions will be reduced by the enhancement actions.
a higher compensation ratio of 3:1. This higher compensation ratio
reflects the scientific data that shows enhancement is not the same as
restoration or creation, and has a lower success rate as mitigation than
restoration or creation and therefore should have a higher compensation
ratio.
E. Mitigation Location.
(1) On -site mitigation shall be provided, except where
the applicant can demonstrate that:
(a) On -site 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 functional values at the site of the
proposed restoration are significantly greater than lost wetland
functional values; or
(d) That established regional goals for flood
storage, flood conveyance, habitat or other wetland functions have been
established and strongly justify location of mitigation measures at
another site.
(2) Off -site mitigation shall occur within the same
watershed where the wetland loss occurred
(3) Mitigation sites located within the Tukwila city
limits are preferred. However, the Director may approve 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 mitigations site and
(b) Adequate coordination with the other affected local
jurisdiction has occurred.
(4) ( In selecting mitigation sites, applicants shall
pursue siting in the following order of preference:
(a) Upland sites which were formerly wetlands;
(b) Idled upland sites generally having bare ground
The language in this section is from TMC 18.45.080 C.2.c.
The term "compensation" is deleted and "mitigation" is substituted as
much of the code talks in terms of mitigation plans.
The new language in (3) is provided to state a preference for in-City
mitigation and to ensure any mitigation located outside the City limits
will remain a mitigation site and undeveloped.
(3)(d) is new and is added to indicate that enhancement on -site is the
least preferred in the hierarchy of selecting sites for compensation.
23
q: \1 -04 SAO Update \11-23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
or vegetative cover consisting primarily of exotic introduced species,
weeds or emergent vegetation;
(c) Other disturbed upland;
(d) Existing degraded wetland.
F. Mitigation Standards.
The scope and content of a mitigation plan shall be decided
Language is unchanged from that currently found in TMC 18.45.080
on a case -by -case basis. As the impacts to the sensitive area increase,
the mitigation measures to offset these impacts will increase in number
and complexity. The components of a complete wetlands mitigation
plan are as follows:
C.2.d.
(1) 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;
(2) 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;
(3) 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;
(4) A dDetailed construction plan of the written
Section 18.45.210 addresses assurance devices (bonds etc) for ensuring
specifications and descriptions of mitigation techniques. This plan
should include the proposed construction sequence and construction
management, and be accompanied by detained site diagrams and
blueprints that are an integral requirement of any development proposal;
(5) Monitoring and/or evaluation program that
outlines the approach for assessing a completed project. 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;
(6) Contingency plan identifying potential courses of
action, and any corrective measures to be taken when monitoring or
compliance with the mitigation plan. Language is proposed to clarify
evaluation indicates project performance standards have not been met;
under what circumstances the assurance device will be refunded. See
24
q: \1 -04 SAO Update \11-23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
(7) Performance security or other assurance devices as
described in TMC 18.45.210.
Section 18.45.210., pg. 48, below.
G. 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.
2. Mitigation is occurring off site.
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.
The revisions to this section make it clear that mitigation is expected
prior to the permanent disturbance of the wetland. The Director is
given discretion to allow the mitigation to occur later under very limited
circumstances.
The revisions proposed to this section are to clarify under what
circumstances mitigation does not have to be provided prior to
construction of a project and to address Council concerns about
wording.
H. Permitted Uses Subject to Exception Approval. Other uses may be
permitted upon receiving a reasonable use exception pursuant to TMC
18.45.180. A use permitted through a reasonable use exception shall
conform to the procedures of TMC 18.45 this chapter and be consistent
with the underlying zoning.
This language is currently found in TMC 18.45.080 H.
18.45.100 Watercourse Ratings, and Buffers
A. Watercourse Ratings:
Watercourse ratings are based on the existing habitat functions
and are rated as follows:
1. Type 1 Watercourse: Watercourses inventoried as
Shorelines of the State under RCW 90.58. These
watercourses shall be regulated under TMC 18.44,
Shoreline Overlay.
2. Type 2 Watercourse: Those watercourses that have
New section establishing watercourse ratings and buffers. Current
watercourse designation language is found in TMC 18.45.020 D.
The watercourse ratings have been simplified and no longer follow the
rating system established through the Jones and Stokes work from May,
1990. There are now 4 types of watercourses as the GreenlDuwamish
River has been added as a Type 1 watercourse. Watercourses are
distinguished by whether salmonid fish use it and whether the
25
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted- Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
perennial (year- round) or intermittent flows and support
salmonid fish use.
3. Type 3 Watercourse: Those watercourses that have
perennial flows and are not used by salmonid fish.
4. Type 4 Watercourse: Those watercourses that have
intermittent flows and are not used by salmonid fish.
watercourse is perennial or intermittent. The new rating system is more
consistent with the State's watercourse rating system.
B. Watercourse Buffers.
Any land alteration must be located out of the
These buffer functions are currently found in TMC 18.45.040 A. 1. and
buffer areas as required by this section. Watercourse buffers are
intended in general to:
2.
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
10. Protect the sensitive area from human and domestic
animal disturbance.
An undisturbed sensitive area or buffer may substitute for the yard
The code citations for the Supplemental Development Standards
setback and landscape requirements of TMC 18.50 and 18.52.
chapter and Landscape chapter and are used here rather than the chapter
titles.
26
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
C. Special Buffer Studies - Applicants for a use or development
within a watercourse or its buffer shall be required to conduct a
sensitive area study to provide a buffer analysis for the sensitive
area. This study may be waived by the Director pursuant to TMC
18.45.040 E.
This language currently appears in TMC 18.45.040 B. The reference to
legal lot of record is deleted so as to require sensitive area studies for all
uses or development, regardless of legal lot status.
D. Watercourse Buffer Widths: the following buffer widths
apply to each side of a watercourse:
1. Type 1 Watercourse: Regulated under TMC 18.44, Shoreline
Overlay.
2. Type 2 Watercourse: 70 100- foot -wide buffer
3. Type 3 Watercourse: 35 80- foot -wide buffer
4. Type 4 Watercourse: -1-5 50- foot -wide buffer
The Planning Commission retained the existing buffer widths for
watercourses currently found in TMC 18.45.040C.2. The majority of
the City Council at its work session on 11/23/04 approved staff
recommended buffer widths for watercourses.
E. Buffer Setbacks
1. All commercial and industrial buildings shall be set back 15
feet and all other development shall be set back five ten 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. (See Figure
18 -2.)
Language is revised to be consistent with the revisions made under
wetland setbacks. This language was formerly located in TMC
18.45.040 C.3. The setbacks apply to "development' which is any
activity that requires a building permit. The City Council restored the
current ten -foot buffer set back for all buildings other than commercial
and industrial. The new sentence at the end of 1. addresses a comment
by Ms. Lynn Kohn, Department of Community , Trade and Economic
Development.
F. Variation of Standard Watercourse Buffer Width.
1. The Director may reduce the standard watercourse
buffers on a case -by -case basis, provided the reduced buffer area does
not contain slopes 15% or greater. The approved buffer width shall not
result in greater than a 50% reduction in width_, and the reduced buffer
Any buffer
reduction proposal must demonstrate to the satisfaction of the Director
that it will not result in direct, or indirect or long -term adverse impacts
to watercourses, and that:
(a) The buffer is vegetated and includes an
enhancement plan as may be required to improve the buffer function
and value; or
At their meeting on September 16, 2004, the Planning Commission
affirmed that their intent with changes to the language in subsection G.1
was to reestablish a minimum reduced buffer of 10 feet and to retain the
other staff recommended revisions to this section. The language in G.1.
has been clarified as it relates to slopes in the buffer area; the percent
slope has been revised to reflect the new threshold of regulated slope,
which is 15% or greater. The struck language is no longer needed - it is
redundant, as the 50% reduction will determine the minimum buffer
width.
27
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
(b) If there is no significant vegetation in the buffer, a
buffer may be reduced only if an enhancement plan is provided. The
plan must include using a variety of native vegetation that improves the
functional attributes of the buffer and provides additional protection for
the wetland or watercourse functions and values.
2. 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 specialist or expert
that documents the basis for such increased width. An increase in
buffer width may be appropriate when:
This language is currently found in 18.45.040 C.4.b.
(a) The development proposal has the demonstrated
potential for significant adverse impacts upon the wetland or
watercourse which 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.
3. Every reasonable effort shall be made to maintain the
existing viable plant life in the buffers. Vegetation may be removed
from the buffer as part of an enhancement plan approved by the
This language is currently found in 18.45.040 C.4.c.
Director. Enhancements will ensure that slope stability and watercourse
quality will be maintained or improved. Any disturbance of the buffers
for watercourses shall be replanted with a diverse plant community of
native northwest species that are appropriate for the specific site as
determined by the Director.
If the vegetation must be removed, or because of the
alterations of the landscape the vegetation becomes damaged or dies,
then the applicant for a permit must replace existing vegetation along
watercourses with comparable specimens, approved by the Director,
that will restore buffer functions within five years.
4. The Director shall require subsequent corrective actions
and long -term monitoring of the project if adverse impacts to regulated
watercourses or their buffers are identified.
This language is currently found in 18.45.040 C.4.d.
28
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
29
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
18.45.110 Watercourse Use, Alterations and Mitigation
A. Permitted Uses.
General uses permitted in all sensitive areas have been moved to
1. The uses set forth in this entire section, including subsections A
Section 18.45.CC, so a reference is included to tie this new section with
through G. and Section 18.45.070 may be located within a
the one that addresses overall permitted uses. The language of A. 1 -2 is
watercourse or its buffer, subject to the provisions of TMC
currently found in TMC 18.45.080 D.
21.04 and TMC 18.45
2. No use or development may occur in a watercourse or its buffer
except as specifically allowed by TMC 18.45 this-ehapter. Any
use or development allowed is subject to the standards of TMC
18.45 this - chapter.
B. Alterations
A new subsection B is added with the heading "Alterations."
1. Diverting or rerouting may only occur with the permission of
the Director and an approved mitigation plan.
2. Any watercourse that has critical wildlife habitat, or is
necessary for the life cycle or spawning of salmonids, shall not
be rerouted unless it can be shown that the habitat will be
improved for the benefit of the species.
3. A watercourse may be rerouted or daylighted as a mitigation
The language in #3 is included to indicate that altering a watercourse to
to improve function.
daylight it (remove it from a pipe) is an acceptable mitigation measure.
measure restore watercourse
C. Piping.
Piping of any watercourse should be avoided. Relocation of a
Piping is currently found in TMC 18.45.030 D.6. The first two
watercourse is preferred to piping; if piping occurs in a watercourse
sentences of this subsection have been drawn from other portions of the
sensitive area, it shall be limited and shall require approval of the
section.
Director.
1. Piping of Type 1 watercourses shall not be permitted.
The revisions to this section reflect the new Type 1 watercourse, and
2. Piping may be allowed in Type 2, 3 or 4 watercourses if
make allowance under 3 for the situation of the few intermittent
it is necessary for access purposes.
watercourses in Tukwila that provide little to no habitat functions that
3. Piping may be allowed in Type 4 watercourses if the
watercourse has a degraded buffer, is located in a highly
developed area and does not provide shade, temperature
control etc. for habitat. The applicant must comply with
the conditions of this section, including:
would not be harmed by piping.
a. Providing excess capacity to meet needs of the
3.a. and 3.b. are currently found in TMC 18.45.080 D.6. a. (1) and (2).
29
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
flow, or as specified by the State Department of Fish and Wildlife.
i. 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.
D. Permitted Uses Subject to Exception Approval. Other uses may be
permitted upon receiving a reasonable use exception pursuant to TMC
18.45.180. A use permitted through a reasonable use exception shall
conform to the procedures of TMC 18.45 and be consistent
with the underlying zoning.
This language is currently found in TMC 18.45.080 H.
E. Mitigation All impacts to a watercourse that degrade the
functions and values of the watercourse shall be avoided. If alteration
to the watercourse is unavoidable, all adverse impacts to the
watercourse and its buffer resulting from a development proposal or
alteration shall be mitigated in accordance with an approved mitigation
plan as described below.
1. Plans. Mitigation plans shall be completed for any
proposals of dredging, filling, diverting, piping and rerouting of
watercourses.
2. Plan Contents. The mitigation plan shall be developed
as part of a sensitive area study by a specialist approved by the
Director. The plan must show how water quality, treatment,
erosion control, pollution reduction, wildlife and fish habitat,
and general watercourse quality would be maintained or
improved. All such plans must be approved by the Director.
This text makes clear that all adverse impacts due to watercourse
alterations if they cannot be avoided shall be mitigated. The language
in D.1. and D.2. is currently found in TMC 18.45.080 D. 2.a. and 2.b.
3. Mitigation Standards. The scope and content of a
mitigation plan shall be decided on a case -by -case basis. As the
impacts to the sensitive area increase, the mitigation measures
to offset these impacts will increase in number and complexity.
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
This language is currently found in TMC 18.45.080 D.2.c.
31
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted- Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
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. The following shall be considered the
minimum performance standards for approved stream
alterations:
(1) Maintenance or improvement of stream
channel habitat and dimensions such that the
fisheries habitat functions of the compensatory
stream reach meet or exceed that of the original
stream,
(2) Bank and buffer configuration should be
restored to an equal or enhanced state of the
original stream,
(3) The channel, bank and buffer areas shall be
replanted with native vegetation which replicates
restores or improves the original in species, sizes
and densities,
(4) The stream channel bed and the biofiltration
systems shall be equivalent to or better than in the
original stream,
(5) The original fish and wildlife habitat shall be
maintained or enhanced, and
(6) Relocation of a watercourse shall not result in
the new sensitive area or buffer extending beyond
the development site and onto adjacent property
without the agreement of the affected property
owners.
d. Detailed construction plan of the written
specifications and descriptions of mitigation techniques. This plan
Currently found in TMC 18.45.080.D.2. (4).
32
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
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. 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;
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 18.45.210.
Currently found in TMC 18.45.080.D.2.c. (5).
Currently found in TMC 18.45.080.D.2.c. (6).
F. Mitigation Timing. DCD approved plans 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. The timing of implementation time of year implementation
would be required; or
2. Mitigation is occurring off site.
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.
This section has been modified to allow the Director to vary the time
when mitigation is implemented under very limited circumstances
The language has been revised to clarify when mitigation does not have
to occur prior to construction of the permittesIsroject and to address
concerns raised during Council review..
G. Permitted Uses Subject to Exception Approval, Other uses
may be permitted upon receiving a reasonable use exception
pursuant to TMC 18.45.180. A use permitted through a
reasonable use exception shall conform to the procedures of
TMC 18.45 and be consistent with the underlying
zoning.
This language is currently found in TMC 18.45.080.H.
33
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
TMC 18.45.040 B and 18.45.060. 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
that are adjacent.
The "legal lot of record" wording is deleted, as in other portions of
TMC 18.45 this-ehapter. Development proposals shall then include the
TMC 18.45, to apply the provisions to all areas regardless of legal lot
buffer distances as defined within the geotechnical report.
status.
D. Buffers may be increased by the Director when an area is
No change to current language found in TMC 18.45.040 D.2. except
determined to be particularly sensitive to the disturbance created by a
that the word "consultant" is changed to "engineer" to be consistent
development. Such a decision will be based on a City review of the
with the terminology used for the type of professional who may prepare
report as prepared by a qualified geotechnical eenstiltailt engineer and
geotechnical reports.
by a site visit.
18.45.130 Areas Of Potential Geologic Instability Uses,
New section consolidating uses, exemptions, alterations and mitigation
Exemptions, Alterations and Mitigation.
for areas of potential geologic instability.
A. General The uses permitted in the underlying zoning district may
be undertaken on sites that contain areas of potential geologic
Geotechnical reports almost always make recommendations rather than
instability subject to the standards of this section and the
recommendations of a geotechnical study.
state requirements.
B. Exemptions The following areas are exempt from regulation as
geologically hazardous areas:
1. Temporary stockpiles of topsoil, gravel, beauty bark or other
The new language in #1 -5 provides exemptions for activities commonly
similar landscaping or construction materials;
not defined as slopes.
2. Slopes related to materials used as an engineered pre -load for a
building pad;
3. Any temporary slope that has been created through legal
grading activities under an approved permit may be regraded
without application of TMC 18.45 this chapter under an
approved permit.
4. Roadway embankments within right -of -way or road easements;
and
5. Slopes retained by approved engineered structures.
35
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
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 tree replanting with an equal mix of evergreen and
deciduous trees, preferably native, and approved by the
Director. Replacement vegetation shall be sufficient to provide
erosion and stabilization protection.
This language is currently found in TMC 18.45.080 E. 3. Only minor
changes to current code are proposed in C.1. (a).
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 which 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
No change to current code.
Background information:
D.1. has been enforced through the plan review by our structural code
review. The International Building Code (IBC) goes further and
requires quality assurance plans for soil preparation and for seismic
resisting elements of the structural design.
D.2. Required during structural plan review.
36
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
37
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
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
D.3. The plans and specifications that are approved will bear the seal
City, with the plans and specifications, a letter of notation
and signature of the structural engineer in responsible charge of the
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.
design. This is confirmed during the plan review.
4. The owner shall execute a Sensitive Areas Covenant and
The complete title of the covenant used by the City is spelled out here.
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 Elections 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
No changes proposed. Language is currently located in TMC 18.45.080
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 18.45.210.
E.6.
F.
Construction Monitoring.
1.
Where recommended by the geotechnical report, the applicant shall
No substantive changes proposed to existing language, which is located
retain a geotechnical engineer to monitor the site during
currently in 18.45.080E.7. Language is added in F. l.to tie the need for
37
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
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.
18.45140 Abandoned Mine 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 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 Sensitive 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 Elections at the expense of the
applicant or owner. A copy of the recorded covenant will be
forwarded to the owner.
A new section is created to address abandoned mine areas. No major
change in language that is currently found in TMC 18.45.080 F — the
text is just moved to a new section. The phrase "legal lot of record" is
deleted, as in earlier portions of TMC 18.45, as whether a parcel is a
legal lot of record or not is not relevant to compliance with the
Sensitive Areas Ordinance.
Text added to require a hold harmless agreement to protect the City's
interests when development occurs in abandoned mine areas. The
language is the same as that proposed above in TMC 18.45.080 E. 5.e.
39
q: \1 -04 SAO Update \l 1 -23 SAO PC Revisions Accepted- Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
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:
1. Areas with which endangered, threatened, and sensitive species
have a primary association;
2. Habitats and species of local importance, including but not
limited to bald eagle habitat, heron rookeries;
3. Commercial and recreational shellfish areas;
4. Kelp and eelgrass beds;
5. Mudflats and marshes;
6. Naturally occurring ponds under 20 acres and their submerged
aquatic beds that provide fish or wildlife habitat;
7. Waters of the State;
8. State natural area preserves and natural resource conservation
areas; and
9. Areas critical for habitat connectivity.
B. Mapping.
1. The approximate location and extent of known fish and wildlife
habitat conservation areas are identified by the City's Sensitive
Areas Maps, inventories, open space zones, and Natural
Environment Background Report. The City designates 1, 2, 5,
6, 7, and 9 above as known fish and wildlife habitats within its
current limits.
2. Fish and wildlife habitat conservation areas correlate closely
with the areas identified as regulated watercourses and wetlands
and their buffers in Tukwila. The Green/Duwamish River is
recognized as the most significant fish and wildlife habitat
corridor. In addition to the Sensitive 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 Species Maps;
b. Anadromous and resident salmonid distribution maps
A new section has been added to address the GMA requirement to
protect fish and wildlife habitat conservation areas.
40
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
contained in the Habitat Limiting Factors reports published
by the Washington Conservation Commission; and
c. Washington State Digital Coastal and Coastal Zone
Management Program.
C. Uses and Standards
Fish and wildlife habitat conservation areas will be regulated through
TMC 18.44, Shoreline Overlay District and the regulations in TMC
18.45 this chapter related to wetlands and watercourses.
18.45.160 Sensitive Area Master Plan Overlay
The purpose of this Section is to provide an alternative to preservation
This new section is proposed to permit flexibility in the application of
of existing individual wetlands, watercourses and their buffers in
the sensitive areas ordinance under limited circumstances. The main
situations where an area -wide plan for alteration and mitigation will
goal of providing this flexibility is to achieve a better result
result in improvements to water quality, fish and wildlife habitat and
environmentally than would occur with the site -by -site application of
hydrology beyond those that would occur through the strict application
specific environmental regulations the ordinance normally requires
of the provisions of TMC 18.45 this chapter.
while at the same time providing better development opportunities.
A. The City Council may designate certain areas as Sensitive Area
Master Plan Overlay districts for the purpose of allowing and
The revisions made to this section reflect testimony received at the
encouraging a comprehensive approach to sensitive area protection,
restorations enhancement and creation in appropriate circumstances
utilizing best available science. Designation of Sensitive Area
Planning Commission public hearing on 5/20/04.
Master Plan Overlay districts shall occur through the Type 5
decision process established by TMC 18.104.
B. Criteria for designating a Sensitive Area Master Plan Overlay
district shall be as follows:
1. The overlay area shall be at least 10 acres.
2. The City Council shall find that preparation and implementation
of a Sensitive Area Master Plan is likely to result in net
improvements in sensitive area functions and values when
compared to development under the general provisions of TMC
18.45 this-chapter.
41
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted- Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
C. Within a Sensitive Area Master Plan Overlay district, only those
uses permitted under TMC 18.45.070, 18.45.090 and 18.45.110
shall be allowed within a Type 1 wetland, a Type 1 watercourse, or
their buffers.
D. Within a Sensitive Area Master Plan Overlay district, the uses
permitted under TMC 18.45.070, 18.45.090 and 18.45.110 and
other uses as identified by an approved Sensitive Area Master Plan
shall be permitted within Type 2 and Type 3 wetlands and their
buffers; and within Type 2, 3 and 4 watercourses and their buffers,
provided that such uses are allowed by the underlying zoning
designation.
E. A Sensitive 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 Sensitive Area Overlay District for the purpose of allowing
and encouraging a comprehensive approach to sensitive areas
protection, creation, and enhancement that results in environmental
benefits that may not be otherwise achieved through the application
of the requirements of TMC 18.45 this chapter.
F. The Director shall consider the following factors when determining
whether a proposed Sensitive Areas Overlay and Master Plan results in
an overall net benefit to the environment and is consistent with best
available science:
a. Whether the Master Plan is consistent with the goals and
policies of the Natural Environment Element of the Tukwila
Comprehensive Plan.
b. Whether the decisions concerning sensitive areas
; Whether the Master PIan is
consistent with the purposes of TMC 18.45 as
stated in TMC 18.45.010.
c. Whether the Master Plan includes a Mitigation Plan that
incorporates stream or wetland restoration, enhancement or
creation meeting or exceeding the requirements of TMC
42
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
18.45.090 D. and/or TMC 18.45.110 D, as appropriate.
d. Whether proposed alterations or modifications to sensitive
areas and their buffers and/or alternative mitigation result in an
overall net benefit to the natural environment and improves
sensitive area functions and values;
e. Whether the Mitigation Plan gives special consideration to
conservation and protection measures necessary to preserve or
enhance anadromous fisheries; and
- . .
chapter as stated in TMC 18.15.010.
£ 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 sensitive areas could be achieved
at an alternative location within the same watershed.
11:g. Where feasible, mitigation shall occur prior to grading,
filling or relocation of wetlands or watercourses.
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.
G. A Sensitive 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 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 18.45 this-ehaptec. The Director shall
approve the Sensitive 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.
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted- Council Actions Narrated
12/1/04
43
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
18.45.170 Sensitive Areas 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 sensitive
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 18.45.170 A, on parcels containing sensitive areas
or their buffers, may elect to establish a sensitive areas tract or
easement, which shall be:
1. If under one ownership, owned and maintained by the
ownership;
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 title or plat that sensitive area
tracts or easements shall remain undeveloped in perpetuity.
The only substantive revision to this section is to permit easements to
be used in addition to tracts. The language identifying responsibility for
maintaining sensitive area tracts or easements is simplified.
A requirement to record a notice on the property that notifies potential
owners that the sensitive area tract or easement shall remain
undeveloped makes it clear that the area cannot be developed.
18.45.180 Exceptions
A. Wetlands 2,500 1,000 sq. ft. and less that do not meet any of the
criteria of TMC 18.45.090 B. are exempt from the requirements of
TMC 18.45 this chapter.
This language revises the threshold for wetlands that are exempt from
the Sensitive Areas Ordinance. The Council retained the threshold of
1,000 sq. ft. contained in the current SAO, 18.45.115.
B. Reasonable Use Exceptions.
1. If application of TMC 18.45 this chapter would deny all
reasonable use of the property containing wetlands, watercourses 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
4 decision and shall be processed pursuant to TMC 18.104.
3. If the applicant demonstrates to the satisfaction of the
The majority of the language revisions in this subsection are based on
recent court cases related to reasonable use exceptions.
44
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
Planning Commission that application of the provisions of TMC 18.45
this chapter would deny all reasonable use of the property, development
may be allowed which is consistent with the general purposes of TMC
18.45 this- chapter and the public interest.
4. The Commission, 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 sensitive
area;
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 sensitive areas has been minimized by
locating any necessary alterations in the buffers to the greatest extent
feasible;
f. The inability to derive reasonable use of the property
is not the result of: chapter:
(i) A segregation or division of a larger parcel on which a
reasonable use was permittable after the effective
date of the sensitive areas ordinance #1599, June
10, 1991;
(ii) 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
sensitive areas ordinance provisions that prevents
or interferes with the reasonable use of the
property; or
45
q: \1 -04 SAO Update \l 1 -23 SAO PC Revisions Accepted- Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
(iii) A violation of the sensitive areas ordinance; and
g. The Commission, 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 assure that the
development:
(i) Complies with the standards and policies of the
sensitive areas ordinance to the extent feasible, and
(ii) 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.
C. 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. Any alteration
undertaken as an emergency shall be reported within one (1) business
day to the Department of Community Development. 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 sensitive 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 8.45 shall apply.
New section added to handle emergency situations.
46
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
18.45.190 Appeals
A. Any appeal of a final decision of DCD made pursuant to TMC
18.45 shall be an appeal of the underlying permit or
approval and shall be taken to the Planning Commission. Any such
appeal shall be a Type 2 decision and shall be processed pursuant to
TMC 18.108.020 and TMC 18.116.
B. In considering appeals of decisions or conditions, the following
shall be considered:
1. The intent and purposes of the sensitive areas ordinance;
2. Technical information and reports considered by the DCD;
and
3. Findings of the Director, which shall be given substantial
weight.
Minor changes are proposed to the language of A and B.1. In
18.45.125 A., the appeals process is clarified to be an appeal of the
underlying permit or approval. A link is provided to the Appeal
Processes chapter (TMC 18.116) to ensure it is clear what the
requirements are for filing an appeal and what the contents of the appeal
application are.
18.45.200 Recording Required
The property owner receiving approval of a use or development
pursuant to TMC 18.45 this chapter 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 18.45.080, 18.45.100, 18.45120, and- 18.45.140 -and 18.45.150
with the King County Division of Records and Elections. The face of
the site plan must include a statement that the provisions of the chapter,
as of the effective date of the ordinance from which TMC 18.45 this
chapter derives or 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.
No change proposed other than to correct the references to the sections
of the code that govern buffers.
18.45.210 Assurance Device
A. .In appropriate circumstances, the Director may require a letter of
credit or other security device acceptable to the city, to guarantee
performance and maintenance requirements of TMC 18.45 this-chapter.
All assurances shall be on a form approved by the City Attorney.
B. When alteration of a sensitive area is approved, the Director may
A minimum of three years is needed for a mitigation area to become
established, so a language revision is proposed to clarify the minimum
47
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
CITY COUNCIL RECOMMENDED SENSTIVE AREAS ORDINANCE
NOVEMBER 23, 2004
require an assurance device, on a form approved by the City Attorney,
to cover the monitoring costs and correction of possible deficiencies.
Monitoring of buffer alterations shall be required for three to five years.
All other alterations shall be monitored for five years.
C. The assurance device shall be released by the City upon receipt of
written confirmation from the applicant's qualified professional 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.
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 the law.
length of time the assurance device would be held. At the 11/23/2004
work session, the Council agreed buffer alterations could be monitored
for 3 -5 years, while any other alterations should be monitored for at
least 5 years.
Subsection C is new, adding language to indicate when the assurance
device would be returned early and when it would be held for a longer
period of time.
Minor wording change proposed to D.
18.45.220Assessment Relief
A. Fair Market Value. The King County Assessor considers
sensitive area regulations in determining the fair market value of land
under RCW 84.34.
B. Current Use Assessment. Established sensitive area tracts or
easements, as defined in the Definitions chapter of this title and
provided for in TMC 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.
C. Special Assessments. Landowners who qualify under TMC
18.45.220B shall also be exempted from special assessments on the
sensitive area tract or easement to defray the cost of municipal
improvements such as sanitary sewers, storm sewers and water mains.
The word "shall" has been deleted as the City does not control how the
King County Assessor's office classifies land for assessment purposes.
The word "easement" is added to make subsections B. and C. consistent
with TMC 18.45.090 above.
48
q: \1 -04 SAO Update \11 -23 SAO PC Revisions Accepted - Council Actions Narrated
12/1/04
Sections:
18.06.005 General Definitions
18.06.010 Abandoned Mine Areas
18.06.015 Access Road
18.06.aa Adaptive Management
18.06.bb Adiacent
18.06.020 Adult Day Care
18.06.025 Adult Entertainment Practices
18.06.035 Alley
18.06.037 Amusement Device
18.06.045 Applicant
18.06.050 Area, Site
18.06.055 Areas of Potential Geologic Instability
18.06.060 Basement
18.06.065 Bed and Breakfast Lodging
18.06.cc Best Available Science
18.06.070 Best Management Practices
18.06.071 Binding Site Improvement Plan
18.06.072 Block
18.06.073 Boarding House
18.06.074 Brew Pub
18.06.075 Buffer
18.06.080 Building
18.06.085 Building, Accessory
18.06.090 Building Area
18.06.095 Building, Detached
18.06.097 Building Footprint
18.06.100 Building Height
18.06.105 Building Line
18.06.110 Building, Nonconforming
18.06.115 Building Permit
18.06.118 Bulk Retail
18.06.120 Bus Station
18.06.125 Caliper
18.06.130 Canopy
18.06.135 Canopy Cover
18.06.137 Cargo Container
18.06.140 Certified Arborist
18.06.145 Clearing
18.06.150 Clinic
18.06.152 Closed Record Appeal
18.06.155 Club
18.06.165 Comprehensive Plan
18.06.173 Convalescent/Nursing Home
18.06.175 Cooperative Parking Facility
MOVED
Chapter 1 8.06
DEFINITIONS
MOVED
Sensitive Areas Ordinance Definitions
18.06.178 Correctional Institution
18.06.180 Coverage
18.06.183 Cul -De -Sac
18.06.185 Curb -Cut
18.06.190 Dangerous Waste
18.06.dd Davlighting
18.06.195 Day Care Center
18.06.198 Dedication
18.06.200 Density Transfer
18.06.202 Department
18.06.203 Design Criteria
18.06.204 Design Guidelines
18.06.205 Designated Facility Zone
18.06.210 Development
18.06.215 Development Area
18.06.220 Diameter/Diameter Breast Height (D.B.H.)
18.06.225 Director
18.06.230 District
18.06.235 District, Overlay
18.06.237 Dormitory
18.06.240 Driveway
18.06.245 Dwelling, Manufactured or Mobile Home
18.06.250 Dwelling, Multi Family
18.06.255 Dwelling, Single- Family
18.06.260 Dwelling Unit
18.06.265 Emergent Wetland MOVED
18.06.ee Engineer. Geotechnical
18.06.ff Engineer. Professional
18.06.ea Engineering. Geotechnical
18.06.270 Essential Public Facilities
18.06.275 Essential Root Zone
18.06.280 Essential Use
18.06.285 Essential Street, Road, Right -of -Way or Utility
18.06.290 Extremely Hazardous Waste
18.06.300 Family Child Care Home
18.06.310 Fence
18.06.315 Filling
18.06.318 Final Plat
18.06.320 Fire Lane
18.06.325 Floor Area
18.06.32 MOVED
18.06.340 Fraternal Organization
18.06.345 Garage, Private
18.06.353 General Retail
18.06.355 Geologist
18.06.365 Grade
18.06.370 Grading
18.06.3 80 Groundcover
18.06.385 Hazardous Substance
MOVED
q:\mydoes \1 -04 SAO \18.06 Definition for Kelly formatting
Reflects Council Revisions
12/1/04
2
Sensitive Areas Ordinance Definitions
18.06.390 Hazardous Substance Processing or Handling
18.06.395 Hazardous Tree
18.06.400 Hazardous Waste
18.06.405 Hazardous Waste Storage
18.06.410 Hazardous Waste Treatment
18.06.415 Hazardous Waste Treatment and Storage Facility, Off -Site
18.06.420 Hazardous Waste Treatment and Storage Facility, On -Site
18.06.425 High Impact Environment
18.06.430 Home Occupation
18.06.435 Hospital
18.06.440 Hotel
18.06.445 Impervious Surface
18.06.450 Infrastructure
18.06.453 Integrated Site
18.06.454 Internet Data/Telecommunication Center
18.06.4E5 MOVED
18.06.460 Junk Yard
18.06.465 Kennel
18.06.470 Laboratory, Medical And Dental
18.06.473 Land Surveyor
18.06.475 Land Altering Activity
18.06.480 Land Altering Permit
18.06.485 Landscape Architect
18.06.490 Landscaping or Landscaped Areas
18.06.493 Lease
18.06.495 Loading Space
18.06.500 Lot
18.06.505 Lot Area
18.06.510 Lot, Corner
18.06.515 Lot Coverage
18.06.520 Lot Depth
18.06.525 Lot Frontage
18.06.530 Lot Lines
18.06.535 Lot, Interior
18.06.540 Lot, Through
18.06.545 Lot Width
18.06.550 Low Impact Environment
18.06.555 Major Adjustment
18.06.560 Mall
18.06.565 Manufactured/Mobile Home Park
18.06.567 Manufacturing
18.06.568 Mass Transit Facilities
18.06.570 Mean High Water Mark
18.06.575 Mining And Quarrying
18.06.580 Minor Adjustment
18.06.hh ensatery- Mitigation
18.06.583 Modular Home
18.06.585 Motel
18.06.590 Nonconforming Use
18.06.592 Office
q:\mydocs \1 -04 SAO \18.06 Definition for Kelly formatting
Reflects Council Revisions
12/1/04
3
Sensitive Areas Ordinance Definitions
18.06.593 Open Record Appeal
18.06.594 Open Record Hearing
18.06.595 Open Space
18.06.600 Open Space Tract
18.06.605 Ordinary High Water Mark
18.06.610 Parcel
18.06.611 Park and Ride
18.06.613 Parking, Commercial
18.06.615 Parking Space
18.06.617 Pawnbroker
18.06.618 Performance Bond or Guarantee
18.06.620 Performance Standards
18.06.625 Person
18.06.630 Plan
18.06.632 Planned Residential Development (PRD)
18.06.633 Planning Commission
18.06.635 Plat
18.06.636 Preliminary Plat
18.06.637 Principal Building
18.06.638 Private Access Road
18.06.640 Property Owner
18.06.645 Protected Tree/Protected Vegetation
18.06.650 Protection Measure
18.06.655 Protective Fencing
18.06.657 Public Meeting
18.06.660 Reach
18.06.665 Recreation Space
18.06.670 Recreation Space, Covered
18.06.675 Recreation Space, Uncovered
MOVED
18.06.685
18.06.687
18.06.688
18.06.689
18.06.690
18.06.695
18.06.697
18.06.700
18.06.705
18.06.706
18.06.707
18.06.708
18.06.710
18.06.715
18.06.720
18.06.725
18.06.730
18.06.735
18.06.740
18.06.743
Residence
Restaurant
Restaurant, Fast Food
Right -of -Way
River Channel
River Environment
Roadway
Sanitarium
Screening
Secure Community_ Transitional Facility
Self Storage Facility
Senior Citizen Housing
Sensitive Area Buffer
Sensitive Area Regulated Activities
Sensitive Areas
Sensitive Areas Ordinance
Sensitive Area Tract or Easement
Service Station
Setbacks
Shelter
q:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
Sensitive Areas Ordinance Definitions
18.06.745 Shelter Station
18.06.750 Shopping Center, Planned
18.06.760 Shoreline
18.06.765 Shoreline Zone
18.06.767 Short Plat
18.06.768 Short Subdivision
18.06.769 Short Subdivision Committee
18.06.770 Sign
18.06.775 Significant Tree
18.06.780 Site
18.06.785 Solid Planting
18.06.790 Story
18.06.795 Street
18.06.800 Structure
18.06.805 Structural Alteration
18.06.810 Studios
18.06.813 Subdivision
18.06.815 Substantial Construction
18.06.820 Surveyor
18.06.823 Theater
18.06.825 Tract
18.06.830 Trailer Court or Park
18.06.835 Trailer, Travel
18.06.840 Transit Center
18.06.845 Tree
18.06.850 Tree Clearing Permit
18.06.855 Turbidity
18.06.860 Understory Vegetation
18.06.863 Usable Floor Area
18.06.865 Use
18.06.870 Use, Accessory
18.06.875 Use, Conditional
18.06.880 Use, Permitted
18.06.885 Use, Primary or Principal
18.06.890 Use, Unclassified
18.06.895 Unlisted Use
18.06.900 Utilities
18.06.905 Variance
18.06.910 Vegetation
18.06.915 Vehicles
18.06.918 Warehouse
18.06.920 Watercourse
18.06.925 Wetland edge
18.06.930 Wetlands
18.06.ii Constructed Wetlands or Watercourses. Constructed
18.06.ii Wetland. Emergent
18.06.kk Wetland. Forested
18.06.11 Wetland. Isolated
18.06.mm Wetland. Regulated
18.06.nn Wetland. Scrub -Shrub
q:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
5
Sensitive Areas Ordinance Defmitions
18.06.935 Yard
18.06.940 Yard, Front
18.06.945 Yard, Rear
18.06.950 Yard, Second Front
18.06.955 Yard, Side
18.06.005 General Definitions
Except where specifically defined in this chapter, all words used in this title shall carry their
customary meanings. Words used in the present tense include the future, and the plural includes
the singular; the word "he" or "his" shall also refer to "she" or "her," the word "shall" is always
mandatory, the word "may" denotes a use of discretion in making a decision; the words "used" or
"occupied" shall be considered as though followed by the words "or intended, arranged or
designed to be used or occupied."
18.06.010 Abandoned Mine Areas
"Abandoned mine areas" means those areas directly underlain by, adjacent to, or affected by
mine workings such as adits, tunnels, drifts, or air shafts.
(Ord. 1758 §1(part), 1995)
18.06.015 Access Road
"Access road" means that portion of a driveway which provides access to one or more parking lot
or area, provides access to more than one property or lot, or may provide internal access from one
street to another. This shall not include that portion of driveways whose primary function is to
provide direct access to adjacent parking spaces and which, as a secondary function, also
provides circulation within parking areas.
18.06.020Adult Day Care
q:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
6
(Ord. 1758 1(part), 1995)
(Ord. 1758 §1(part), 1995)
18.06.aa Adaptive Management
"Adaptive management" means the use of scientific methods to evaluate how well regulatory and
non- regulatory actions protect a sensitive area.
18.06.cc Adjacent
"Adjacent" means lying near or close to; sometimes, contiguous; neighboring. Adjacent implies
that the two obiects are not widely separated, though they may not actually touch.
"Adult day care" means a facility which provides supervised daytime programs where up to six
frail and/or disabled adults can participate in social, educational, and recreational activities led by
paid staff and volunteers.
(Ord. 1758 §1(part), 1995)
Sensitive Areas Ordinance Definitions
18.06.025 Adult Entertainment Establishments
A. "Adult entertainment establishments" means adult motion picture theaters, adult drive -in
theaters, adult bookstores, adult cabarets, adult video stores, adult retail stores, adult massage
parlors, adult sauna parlors or adult bathhouses, which are defined as follows:
1. "Adult bathhouse" means a commercial bathhouse which excludes any person by virtue of
age from all or any portion of the premises.
2. "Adult bookstore" means a retail establishment in which:
a. 30% or more of the "stock -in- trade" consists of books, magazines, posters, pictures,
periodicals or other printed materials distinguished or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified anatomical areas and /or
b. Any person is excluded by virtue of age from all or part of the premises generally held
open to the public where such material is displayed or sold.
3. "Adult cabaret" means a commercial establishment which presents go -go dancers, strippers,
male or female impersonators, or similar types of entertainment and which excludes any person by virtue
of age from all or any portion of the premises.
4. "Adult massage parlor" means a commercial establishment in which massage or other
touching of the human body is provided for a fee and which excludes any person by virtue of age from all
or any portion of the premises in which such service is provided.
5. "Adult motion picture theater" means a building, enclosure, or portion thereof, used for
presenting material distinguished or characterized by an emphasis on matter depicting, describing or
relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons
therein.
6. "Adult retail store" means retail establishment in which:
a. 30% or more of the "stock -in- trade" consists of items, products or equipment distin-
guished or characterized by an emphasis on or simulation of "specified sexual activities" or "specified
anatomical areas and /or
b. Any person is excluded by virtue of age from all or part of the premises generally held
open to the public where such items, products or equipment are displayed or sold.
7. "Adult sauna parlor" means a commercial sauna establishment which excludes any person by
virtue of age from all or any portion of the premises.
8. "Adult video store" means a retail establishment in which:
a. 30% or more of the "stock -in- trade" consists of prerecorded video tapes, disks, or
similar material distinguished or characterized by an emphasis on matter depicting, describing or relating
to "specified sexual activities" or "specified anatomical areas and /or
b. Any person is excluded by virtue of age from all or any part of the premises generally
held open to the public where such prerecorded video tapes, disks or similar material are displayed or
sold.
B. "Specified anatomical areas" means:
1. Less than completely and /or opaquely covered human genitals, pubic region, buttock, or
female breast below a point immediately above the top of the areola;
2. Human male genitals in a discernibly turgid state even if completely or opaquely covered.
C. "Specified sexual activities" means:
1. Acts of human masturbation, sexual intercourse or sodomy; or
2. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast;
or
3. Human genitals in a state of sexual stimulation or arousal.
D. "Stock in trade" means:
1. The dollar value of all products, equipment, books, magazines, posters, pictures, periodicals,
prerecorded video tapes, discs, or similar material readily available for purchase, rental, viewing or use
q:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
7
Sensitive Areas Ordinance Definitions
by patrons of the establishment, excluding material located in any storeroom or other portion of the
premises not regularly open to patrons; or
2. The number of titles of all products, equipment, books, magazines, posters, pictures, period-
icals, other printed materials, prerecorded video tapes, discs, or similar material readily available for
purchase, rental, viewing or use by patrons of the establishment, excluding material located in any
storeroom or other portion of the premises not regularly open to patrons.
(Ord. 1758 §1(part), 1995)
18.06.035 Alley
"Alley" means a public thoroughfare or way usually having a width of not more than 20 feet which
affords only a secondary means of access to abutting property and is not intended for general traffic
circulation.
(Ord. 1834 §1, 1998; Ord. 1758 §1(part), 1995)
18.06.037 Amusement Device
"Amusement device" means a structure such as a ferris wheel, roller coaster or climbing wall.
(Ord. 1815 §1, 1997)
18.06.045 Applicant
"Applicant" means a property owner or a public agency or public or private utility which owns a
right -of -way or other easement, or has been adjudicated the right to an easement pursuant to
RCW 8.12.090, or any person or entity designated in writing by the property or easement owner
to be the applicant for a project permit, and who requests approval for a project permit.
(Ord. 1768 §1(part), 1996; Ord. 1758 §1(part), 1995)
18.06.050 Area, Site
"Site area" means the total two dimensional horizontal area within the property lines excluding
external streets.
(Ord. 1758 §1(part), 1995)
18.06.055 Areas of Potential Geologic Instability
"Areas of potential geologic instability" means those areas subject to potential landslides and /or
potential seismic instabilities.
(Ord. 1758 §1(part), 1995)
18.06.060 Basement
"Basement" means that portion of a building between floor and ceiling which is all or partly
below grade. If the finished floor level directly above a basement is more than two feet above
grade for more than 20% of the total perimeter or is twelve feet above grade as defined at any
point, such basement shall be considered as a story.
(Ord. 1758 §1(part), 1995)
18.06.065 Bed and Breakfast Lodging
"Bed- and breakfast" means an owner- occupied dwelling unit that contains guest rooms where
lodging is provided for compensation.
(Ord. 1976 §3, 2001; Ord. 1758 §1(part), 1995)
18.06cc Best Available Science
"Best Available Science:" means that scientific information applicable to the sensitive area
prepared by appropriate local, state, or federal agencies, a Qualified scientist or team of Qualified
8
q:\mydocs \1 -04 SAO \18.06 Definition for Kelly formatting
Reflects Council Revisions
12/1/04
Sensitive Areas Ordinance Defmitions
scientists and 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 Hermit 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. Ouantitative analysis.
5. Proper context is established.
6. References are included that cite relevant, credible literature and other pertinent
information.
18.06.070 Best Management Practices
"Best management practices (BMPs)" means conservation practices and management measures
which serve to protect trees, including the following practices:
1. Avoiding physical damage to tree trunk, branches, foliage and roots;
2. Restricting the movement, operation, and location of construction materials and equipment to
avoid the area under a tree canopy;
3. Minimizing adverse changes in drainage conditions around tree roots;
4. Minimizing adverse changes to the chemical, physical, structural, and organic characteristics
of soil around tree roots;
5. Those conservation practices defined by the State of Washington Department of Agriculture,
Washington State Department of Ecology, and International Society of Arborists as intended to protect
trees.
(Ord. 1758 §1(part), 1995)
18.06.071 Binding Site Improvement Plan
"Binding Site Improvement Plan" means an improvement plan processed in accordance with
Chapter 17.16, which is legally binding on the land owner, his heirs, successors and assigns.
(Ord. 1834 §2(part), 1998)
18.06.072 Block
"Block" means a group of lots, tracts or parcels, which have been subdivided, and are entirely
surrounded by highways or streets or in part by a well defined or fixed boundary.
(Ord. 1834 §2(part), 1998)
18.06.073 Boarding House
"Boarding house" means a residential building or use which provides housing on a short term
commercial basis for tenants. The following uses are excluded: Bed and breakfast facilities,
hotels and motels, shelters, and facilities which provide short- or long -term care for tenants
suffering from physical, mental or other disabilities.
18.06.074 Brew Pub
"Brew pub" means a restaurant -type establishment that meets the following criteria:
1. Sells beer for consumption on site and sale in sealed containers;
2. Restaurant portion can be no larger than 8,000 square feet;
3. Produces beer in batch sizes not less than seven U.S. barrels (thirty one gallons);
9
q:\mydocs \1 -04 SAO \18.06 Definition for Kelly formatting
Reflects Council Revisions
12/1/04
(Ord. 1976 §12, 2001)
Sensitive Areas Ordinance Defmitions
4. Produces no more than 2,000 barrels of beer per year;
5. The brew house is enclosed with an air treatment system;
6. Revenue from food sales must comprise at least 60% of total business revenues
(Ord. 1.814 §1, 1997)
18.06.075 Buffer
"Buffer" means an area separating two different types of uses or environments for the purpose of
reducing incompatibilities between them, or reducing the potential adverse impacts of one use or
environment upon the other.
(Ord. 1758 §1(part), 1995)
18.06.080 Building
"Building" means a structure as defined in this definitions chapter. When a total structure is
separated by division walls without openings, each portion so separate shall be considered a
separate building.
(Ord. 1758 §1(part), 1995)
18.06.085 Building, Accessory
"Accessory building" means a subordinate building, the use of which is incident to the use of the
main building on the same lot.
(Ord. 1758 §1(part), 1995)
18.06.090Building Area
"Building area" means the total ground coverage of a building or structure which provides
shelter, measured from the outside of its external walls or supporting members or from a point
four feet in from the outside edge of a cantilevered roof.
(Ord. 1758 §1(part), 1995)
18.06.095 Building, Detached
"Detached building" means a building surrounded on all sides by open space.
(Ord. 1758 §1(part), 1995)
18.06.097Building Footprint
"Building footprint" means the square footage contained within the foundation perimeter of all
structures located on a lot, plus overhangs projecting in excess of 18 inches, but excluding decks
less than 18 inches above grade.
(Ord. 1971 §1, 2001)
18.06.100 Building Height
"Building height" means the height of a building as calculated by the method in the Washington
State Building Code.
(Ord. 1971 §2, 2001; Ord. 1758 §1(part), 1995)
18.06.105 Building Line
"Building line" means the line of face or corner of part of a building nearest the property line.
(Ord. 1758 §1(part), 1995)
q:\mydocs \1 -04 SAO \18.06 Definition for Kelly formatting
Reflects Council Revisions
12/1/04
10
Sensitive Areas Ordinance Definitions
18.06.110 Building, Nonconforming
"Nonconforming building" means a building or structure which does not conform in its
construction, area, yard requirements or height to the regulations of the district in which it is
located.
(Ord. 1758 §1(part), 1995)
18.06.115 Building Permit
"Building permit" means a permit for construction in accordance with specific approved plans
that are on file with the DCD.
(Ord. 1758 §1(part), 1995)
18.06.118 Bulk Retail
"Bulk Retail" is a business or store that specializes in the sale of large goods, requiring large on-
site storage. Bulk retail is further distinguished by a lower trip generation rate than other retail
stores, as evidenced by a traffic study or other appropriate analysis. Examples include furniture
stores, appliance stores and other uses as approved by the Director.
(Ord. 1795 §1(part), 1997)
18.06.120 Bus Station
"Bus station" means a facility providing connections between buses serving different inter -city
routes.
(Ord. 1758 §1(part), 1995)
18.06.125 Caliper
"Caliper" means the American Association of Nurserymen standard for measurement of trunk
size of nursery stock. Caliper of the trunk shall be taken 6 inches above the ground.
(Ord. 1758 §1(part), 1995)
18.06.130 Canopy
"Canopy" means an area encircling the base of a tree, the minimum extent of which is delineated
by a vertical line extending from the outer limit of a tree's branch tips down to the ground.
(Ord. 1758 §1(part), 1995)
18.06.135 Canopy Cover
"Canopy cover" means the cumulative areal extent of the canopy of all trees on the site.
(Ord. 1758 MIN (part), 1995)
18.06.137 Cargo Container
"Cargo container" means a standardized, reusable vessel that was:
1. Originally, specifically or formerly designed for or used in the packing, shipping, movement
or transportation of freight, articles, goods or commodities; and /or,
2. Designed for or capable of being mounted or moved on a rail car; and /or
3. Designed for or capable of being mounted on a chassis or bogie for movement by truck
trailer or loaded on a ship.
(Ord. 1989 §1, 2002)
18.06.140 Certified Arborist
"Certified arborist" means an arborist certified by the International Society of Arboriculture or
National Arborist Association.
(Ord. 1758 §1(part), 1995)
q:\mydocs \1 -04 SAO \18.06 Definition for Kelly formatting
Reflects Council Revisions
12/1/04
11
Sensitive Areas Ordinance Definitions
18.06.145 Clearing
"Clearing" means removal or causing to be removed, through either direct or indirect actions, any
vegetation from a site. Actions considered to be clearing include, but are not limited to, causing
irreversible damage to roots or trunks; poisoning; destroying the structural integrity; and/or any
filling, excavation, grading, or trenching in the root area of a tree which has the potential to cause
irreversible damage to the tree.
(Ord. 1758 §1(part), 1995)
18.06.150 Clinic
"Clinic" means a building designed and used for the medical, dental and surgical diagnosis and
treatment of patients under the care of doctors and nurses and/or practitioners.
(Ord. 1758 §1(part), 1995)
18.06.152 Closed Record Appeal
"Closed record appeal" means a quasi-judicial appeal to a hearing body designated by this
chapter from a decision regarding a project permit application that was made after an open record
hearing. Testimony and submission of relevant evidence and information shall not be permitted
at a hearing on such an appeal. The hearing on such an appeal shall be limited to argument based
on the testimony, evidence and documents submitted at the open record hearing conducted on the
project permit application.
(Ord. 1768 §1(part), 1996)
18.06.155 Club
"Club" means an incorporated or unincorporated association of persons organized for a social,
education, literary or charitable purpose.
MOVED see "Mitiaation"
(Ord. 1758 §1(part), 1995)
impacts, and includes, but is not limitcd to, the following:
1. Restoration: Actions porformcd to reestablish wetland and its buffer functional character
3. Enhancement: Actions porformcd to improve the condition of an existing degraded wetland
or its buffer so that the functions it provides arc of a higher quality.
(Ord. 1758 §1(part), 1995)
18.06.165 Comprehensive Plan
"Comprehensive Plan" means the adopted City of Tukwila Comprehensive Plan.
(Ord. 1758 §1(part), 1995)
18.06.170 Constructed Wetlands or Watercourses Moved see "Wetland or Watercourse.
Constructed"
"Constructed wetlands" or "constructed watercourses" m ans those wetlands or watercourses
nonwatcrcoursc sites, including, but not limitcd to, irrigation and drainage ditch:,s, grass lined
stewater treatment facilities, farm ponds and landscape
12
q:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
Sensitive Areas Ordinance Definitions
18.06.173 Convalescent/Nursing Horne
"Convalescent /nursing home" means a residential facility, such as a hospice, offering 24 -hour
skilled nursing care for patients suffering from an illness, or receiving care for chronic
conditions, mental or physical disabilities or alcohol or drug detoxification, excluding
correctional facilities. Care may include in- patient administration of special diets, bedside
nursing care, and treatment by a physician or psychiatrist.
18.06.175 Cooperative Parking Facility
"Cooperative parking facility" means an off street parking facility shared by two or more
buildings or uses.
18.06.178 Correctional Institution
"Correctional institution" means public and private facilities providing for:
1. the confinement of adult offenders; or
2. the incarceration, confinement or detention of individuals arrested for or convicted of crimes
whose freedom is partially or completely restricted other than a jail owned and operated by the City of
Tukwila; or
3. the confinement of persons undergoing treatment for drug or alcohol addictions whose
freedom is partially or completely restricted; or
4. transitional housing, such as halfway houses, for offenders who are required to live in such
facilities as a condition of sentence or release from a correctional facility, except secure community
transitional facilities as defined under RCW 71.09.020.
18.06.180 Coverage
"Coverage" means the percentage of the area of a lot which is built upon or used for business or
commercial purposes.
18.06.183 Cul -de -Sac
"Cul -de -sac" means a street having one end open to traffic and being terminated at the other end
by a circular vehicular turn- around.
18.06.185 Curb -Cut
"Curb -cut" means a depression in the roadside curb for driveway purposes which provides access
to a parking space on private premises from a public street.
18.06.190 Dangerous Waste
"Dangerous waste" means those solid wastes designated in WAC 173 303 -070 through 173 -303-
103 as dangerous waste.
q:\mydocs \1 -04 SAO \18.06 Definition for Kelly formatting
Reflects Council Revisions
12/1/04
13
(Ord. 1758 §1(part). 1995)
(Ord. 1976 §13, 2001)
(Ord. 1758 §1(part), 1995)
(Ord. 1991 §1, 2002; Ord. 1976 §14, 2001)
(Ord. 1758 §1(part), 1995)
(Ord. 1834 §2(part), 1998)
(Ord. 1758 §1(part), 1995)
(Ord. 1758 §1(part), 1995)
Sensitive Areas Ordinance Definitions
18.06.dd Davliahtina
"Davliahtina" means removing pined sections of a watercourse to create open channels for
watercourse conveyance.
18.06.195 Day Care Center
"Day care center" means a state licensed agency which regularly provides care for a group of
children during part of the 24 -hour day.
18.06.198Dedication
"Dedication" means a deliberate appropriation of land by its owner for any general and public
uses, reserving to himself no other rights than such as are compatible with the full exercise and
enjoyment of the public uses to which the property has been devoted.
18.06.200 Density Transfer
"Density transfer" means a percentage number which represents a credit for housing units which
are not allowed to be built in wetlands, watercourses or their buffers. The density transfer is used
in a formula for determining the number of residential units allowed on the buildable portion of a
lot containing wetlands, watercourses and their buffers.
18.06.202 Department
"Department" means the Department of Community Development.
(Ord. 1758 §1(part), 1995)
(Ord. 1834 §2(part), 1998)
(Ord. 1758 §1(part). 1995)
(Ord. 1768 §1 (part), 1996)
18.06.203 Design Criteria
"Design Criteria" explains mandatory design requirements for development proposals. They are
the decision criteria by which the Board of Architectural Review decides whether to approve,
condition or deny a project.
(Ord. 1865 §1, 1999)
18.06.204Design Guidelines
"Design Guidelines" consist of advisory or recommended descriptions and illustrations that
augment each Design Criteria, provide guidance to the project applicant developing the project,
to City staff in reviewing a project proposal, and to the Board of Architectural Review in
determining whether the project meets the Design Criteria.
(Ord. 1865 §2. 1999)
18.06.205 Designated Facility Zone
"Designated facility zone" means a zoning district in which hazardous waste treatment and
storage facilities are allowed uses, subject to the State siting criteria designated in RCW 70.105.
(Ord. 1758 §1(part), 1995)
18.06.210 Development
"Development" means the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any structure that requires a building permit.
(Ord. 17.58 §1(part), 1995)
q:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
14
Sensitive Areas Ordinance Definitions
18.06.215 Development Area
"Development area" means the impervious surface area less the following surfaces: the footprint
of an exclusive recreational facility; a proportion of a recreational facility footprint when
contained within a general use building as follows: the portion of the footprint area occupied by
a recreational facility divided by the number of floors in that portion of the building; vehicle
circulation aisles between separate parking areas; sidewalks; paths; and other
pedestrian/recreation facilities clearly designed to enhance the pedestrian environment.
(Ord. 1758 §1(part), 1995)
18 .06.220 Diameter/Diameter- Breast Height (d.b.h.)
"Diameter /diameter breast height" (d.b.h.) means the diameter of any tree trunk, measured at 4.5
feet above average grade.
18.06.225 Director
"Director" means the Director of the Department of Community Development.
(Ord. 1758 §1(part), 1995)
18.06.230District
"District" means an area or district accurately defined as to boundaries and location on the
official zoning map (Figure 18 10) and within which district only certain types of land uses are
permitted.
q:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
(Ord. 1758 §1(part), 1995)
18.06.235 District, Overlay
"District, overlay" means a set of zoning requirements that is described in the title text, mapped,
and is imposed in addition to those of the underlying district
18.06.237Dormitory
"Dormitory" means a residential building or use which provides housing for students attending
an affiliated school or housing for members of a religious order. Dormitories may include
kitchens, cafeterias, meeting rooms, laundry rooms and other accessory facilities to serve the
residents of the facility.
Ord. 1976 1 4..'!?
18.06.240 Driveway
"Driveway" means a private road giving access from a public way to a building or abutting
grounds.
(Ord. 1758 §1(part), 1995)
18.06.245 Dwelling, Manufactured Home or Mobile Home
"Manufactured home dwelling" or "mobile home dwelling" means a detached residential
dwelling unit fabricated in an off -site manufacturing facility for installation or assembly at the
building site, bearing an insignia issued by the State of Washington certifying that it is built in
compliance with the Federal Manufactured Housing Construction and Safety Standards for
manufactured homes.
(Ord. 1758 §1(part), 1995)
15
Sensitive Areas Ordinance Definitions
18.06.250 Dwelling, Multi Family
"Multi family dwelling" means a building designed to contain two or more dwelling units.
Duration of tenancy in multi family dwellings is not less than one month.
(Ord. 1976 §4, 2001; Ord. 1758 §1 (part), 1995)
18.06.255 Dwelling, Single Family
"Single family dwelling" means a building or modular home, other than a mobile or
manufactured home, designed to contain no more than one dwelling unit plus one accessory
dwelling unit.
18.06.260Dwelling Unit
"Dwelling unit" means the whole of a building or a portion thereof providing complete
housekeeping facilities for a group of individuals living together as a single residential
community, with common cooking, eating and bathroom facilities, other than transitory housing
or correctional facilities as defined in this code, which is physically separated from any other
dwelling units which may be in the same structure.
18.06.265 Emcrgcnt Wetland MOVED see "Wetland. Emergent"
(Ord. 1976 §5, 2001; Ord. 1758 §1(part), 1995)
(Ord. 1976 §7, 2001: Ord. 1758 §1(part), 1995)
(Ord. 1758 §1(part), 1995)
18.06.ee Engineer, Geotechnical
"Engineer. Geotechnical" means a professional engineer who can document at least four years of
employment as a professional engineer in the field of geotechnical engineering.
18.06.ff Engineer, Professional
"Engineer. Professional" means an engineer licensed in Washington State.
18.06.gg Engineering, geotechnical
"Engineering, geotechnical" means the application of civil engineering technology that combines
the basic physical sciences, geology and pedology, with hydraulic, structural, transportation,
construction and mining engineering as each relates to the natural materials found at or near the
earth's surface (soils and rock). Geotechnical engineering includes:
a) soils mechanics kinematics, dynamics, fluid mechanics, and mechanics of material
applied to soils in order to build with or on soils.
b) Foundation engineering applied geology, soil mechanics, rock mechanics. structural
engineering to design and construction of civil engineering and other structures. Evaluate
foundation performance (static and dynamic loading), stability of natural and excavated
slopes, stability of permanent and temporary earth retaining structures, construction
problems. control of water movement and soil pressures, maintenance and rehabilitation
of old buildings.
c) Rock engineering buildings, dams. deep excavations, tunnels.
q:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
16
Sensitive Areas Ordinance Definitions
18.06.270Essential Public Facility
"Essential public facility" means a facility which provides a basic public service, provided in one
of the following manners: directly by a government agency, by a private entity substantially
funded or contracted for by a government agency, or provided by a private entity subject to
public service obligations (i.e., private utility companies which have a franchise or other legal
obligation to provide service within a defined service area).
18.06.275 Essential Root Zone
"Essential root zone" means the area located on the ground between the tree trunk and 10 feet
beyond the canopy.
18.06.280 Essential Use
"Essential use" means that use for the preservation or promotion of which the use district was
created and to which all other permitted uses are subordinate.
18.06.285 Essential Street, Road, Right -of -Way or Utility
"Essential street, road, right -of -way or utility" means a utility facility, utility system, street, road
or right -of -way where no feasible alternative location exists based on an analysis of technology
and system efficiency.
q:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
17
(Ord. 1758 §1(part), 1995)
(Ord. 1758 §1(part), 1995)
(Ord. 1758 §1(part), 1995)
(Ord. 1758 §1(part), 1995)
18.06.290 Extremely Hazardous Waste
"Extremely hazardous waste" means those solid wastes designated in WAC 173- 303 -070 through
173 303 -103 as extremely hazardous waste.
(Ord. 17.58 §1(part), 1995)
18.06.300Family Child Care Home
"Family child care home" means a "family day -care provider" as defined in RCW 74.15.020: a
state- licensed facility in the family residence of the licensee providing regularly scheduled care
for 12 or fewer children, including children who reside at the home, within an age range of birth
through 11 years, exclusively for periods less that 24 hours per day. An off street parking space
shall be made available for any non resident employee.
(Ord. 1976 §10, 2001; Ord. 1758 §1(part), 1995)
18.06.310Fence
"Fence" means a wall or barrier for the purpose of enclosing space, separating parcels of land or
acting as a screen or protective barrier.
(Ord. 1758 §1(part), 1995)
18.06.315 Filling
"Filling" means the act of transporting or placing (by any manner or mechanism) fill material
from, to, or on any soil surface, natural vegetative covering of soil surface, or fill material
(including temporary stockpiling of fill material).
(Ord. 1758 §1(part), 1995)
Sensitive Areas Ordinance Definitions
18.06.318 Final Plat
"Final Plat" means the final drawing of the subdivision and dedication prepared for filing for
record with the Department of Records and Elections, and containing all elements and
requirements set forth in the subdivision code.
(Ord. 1834 §2(part), 1998)
18.06.320 Fire Lane
"Fire lane" means an aisle, lane or roadway on an improved site which is designed, constructed
and required for emergency access of fire and aid unit vehicles.
18.06.325 Floor Area
"Floor area" means the sum of the gross horizontal areas of the floors of a building or buildings,
measured from the exterior walls and from the centerline of divisions walls. Floor area includes
basement space, elevator shafts and stairwells at each floor, mechanical equipment rooms or attic
spaces with headroom of 7 feet 6 inches or more, penthouse floors, interior balconies and
mezzanines, enclosed porches, and malls. Floor area shall not include accessory water tanks and
cooling towers, mechanical equipment or attic spaces with headroom of less than 7 feet 6 inches,
exterior steps or stairs, terraces, breezeways and open spaces.
18.06.335 Forested Wetland MOVED See "Wetland. Forested"
trees gretor than 20 fcct in hcight.
0
(Ord. 1758 §1(part), 1995)
(Ord. 1758 1(part), 1995)
(Ord. 1758 §1(part), 1995)
18.06.340 Fraternal Organization
"Fraternal organization" means a group of people formally organized for a common interest,
usually cultural, religious or entertainment, with regular meetings, rituals and formal written
membership requirements.
(Ord. 1758 §1(part), 1995)
18.06.345 Garage, Private
"Private garage" means sheltered or enclosed space designed and used for the storage of motor
vehicles or boats of the residents of the premises.
(Ord. 1758 §1(part), 1995)
18.06.353 General Retail
"General Retail" is a business or a store which engages in the sale of goods and /or services to the
general public. Examples include department stores and personal service shops.
(Ord. 1795 §1(part), 1997)
18.06.355 Geologist
"Geologist" means a person licensed to practice as a geologist in the State of Washington who
has earned a degree in geology, engineering geology, hvdrogeologv or one of the related
geological sciences from an accredited college or university, or a person who has equivalent
educational training and has experience as a practicing geologist.
q:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
18
(Ord. 1758 §1(part), 1995)
Sensitive Areas Ordinance Definitions
_18.06.360 Gcotcchnical Engineer MOVED see "Engineer, Geotechnical"
99
18.06.365 Grade
"Grade" (adjacent ground elevation) means the lowest point of elevation of the finished surface
of the ground between the exterior wall of a building and a point five feet distant from said wall,
or the lowest point of elevation of the finished surface of the ground between the exterior wall of
a building and the property line, if it is less than five feet distant from said wall. In case walls are
parallel to and within five feet of a public sidewalk, alley, or other public way, the grade shall be
the elevation of the sidewalk, alley or public way.
(Ord. 1758 §1(part), 1995)
18.06.370 Grading
"Grading" means any excavating, filling, clearing, or the creation of impervious surface, or any
combination thereof, which alters the existing surface of the earth.
(Ord. 1758 §1(part), 1995)
18.06.3 80 Groundcover
"Groundcover" means trees, shrubs and any other plants or natural vegetation which covers or
shades in whole or in part the earth's surface.
18.06.385 Hazardous Substance
"Hazardous substance" means any liquid, solid, gas or sludge, including any material, substance,
product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or
criteria of hazardous waste as defined by WAC 173 -303.
18.06.390 Hazardous Substance Processing or Handling
"Hazardous substance processing or handling" means the use, storage, manufacture, production,
or other land use activity involving hazardous substances. Hazardous substances processing and
handling activities do not include individually packaged household consumer products or
quantities of hazardous substances of less than five gallons in volume per container.
(Ord. 1758 §1(part), 1995)
18.06.395 Hazardous Tree
"Hazardous tree" means a tree with a structural defect or disease, or which impedes safe vision or
traffic flow, or otherwise currently poses a threat to life or property.
18.06.400 Hazardous Waste
"Hazardous waste" means and includes all waste as defined in this definitions chapter and all
extremely hazardous waste as defined in this definitions chapter.
q:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
19
(Ord. 1758 §1(part), 1995)
(Ord. 1758 §1(part), 1995)
(Ord. 1758 §1(part), 1995)
(Ord. 1758 §1(part), 1995)
(Ord. 1758 §1(part), 1995)
Sensitive Areas Ordinance Definitions
18.06.405 Hazardous Waste Storage
"Hazardous waste storage" means the holding of hazardous waste for a temporary period.
Accumulation of waste on the site of generation is not storage as long as the storage complies
with applicable requirements of WAC 173 -303.
18.06.410 Hazardous Waste Treatment
"Hazardous waste treatment" means the physical, chemical, or biological processing of
dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, or
amenable for energy or material resource recovery.
18.06.415 Hazardous Waste Treatment and Storage Facility, Off -Site
"Off -site hazardous waste treatment and storage facility" means the treatment and storage of
hazardous wastes from generators on properties other than that on which the off -site facility is
located.
18.06.420Hazardous Waste Treatment and Storage Facility, On -Site
"On -site hazardous waste treatment and storage facility" means the treatment and storage of
hazardous wastes generated on the same site.
18.06.425 High Impact Environment
"High impact environment" means the area between the low impact environment and a point 200
feet landward from the mean high water mark.
18.06.430Home Occupation
"Home occupation" means an occupation or profession which is customarily incident to or
carried on in a dwelling place, and not one in which the use of the premises as a dwelling place is
largely incidental to the occupation carried on by a resident of the dwelling place; provided, that:
1. There shall be no change in the outside appearance of the surrounding residential develop-
ment;
2. No home occupation shall be conducted in any accessory building;
3. Traffic generated by such home occupations shall not create a nuisance;
4. No equipment or process shall be used in such home occupation which creates noise,
vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot;
5. The business involves no more than one person who is not a resident of the dwelling; and
6. An off street parking space shall be made available for any non resident employee.
(Ord. 1974 §11, 2001; Ord. 1758 §1(part), 1995)
18.06.435 Hospital
"Hospital" means a building designed and used for the medical and surgical diagnosis, treatment
and housing of persons under the care of doctors and nurses. Rest homes, nursing homes,
convalescent homes and clinics are not included.
(Ord. 1758 §1(part), 1995)
q:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
20
(Ord. 1758 §1 (part), 1995)
(Ord. 1758 §1(part), 1995)
(Ord. 1758 §1(part), 1995)
(Ord. 1758 §1(part), 1995)
(Ord. 1758 §1(part), 1995)
Sensitive Areas Ordinance Definitions
18.06.440 Hotel
"Hotel" means a building or portion thereof designed or used for the transient rental of five or
more units for sleeping purposes. A central kitchen and dining room and accessory shops and
services catering to the general public can be provided. Not included are institutions housing
persons under legal restraint or requiring medical attention or care.
18.06.445 Impervious Surface
"Impervious surface" means those hard surfaces which prevent or retard the entry of water into
the soil in the manner that such water entered the soils under natural conditions prior to
development; or a hard surface area which causes water to run off the surface in greater
quantities or at an increased rate of flow from the flow present under natural conditions prior to
development. Such surfaces include, but are not limited to, rooftops, asphalt or concrete paving,
compacted surfaces or other surfaces which similarly affect the natural infiltration or runoff
patterns existing prior to development.
18.06.450Infrastructure
"Infrastructure" means the basic installations and facilities on which the continuance and growth
of a community depend, such as roads, public buildings, schools, parks, transportation, water,
sewer, surface water and communication systems.
18.06.453 Integrated Site
"Integrated site" means a commercial or industrial zoned property for which a Binding Site
Improvement Plan is being or has been approved and recorded. The site typically contains within
it multiple tracts of land under separate leasehold or ownership, but functions as a single center.
Characteristics of an integrated site includes commonly shared access, parking, utilities, signage
and landscaping; the site is not bisected by a public or private street; and zoning and sign
regulations are applied to the entire site, as if there were no interior property lines.
(Ord. 1834 §2(part). 1998)
18.06.454 Internet Data/Telecommunication Center
"Internet data/telecommunication center" means a secure, climate- controlled facility with
emergency backup power that contains interne data transmission and switching equipment
and/or telecommunication transmission and switching equipment. This equipment may include
computer network routers, switches and servers for one or more companies.
18.06.455 Isolated Wetlands
1. Aro outsido of and not contiguous to any lako, river or strum, in accordance with currcnt
2. Have no contiguous hydric soil and hydrophytic vcg
q:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
MOVED see Wetland, Isolated
21
(Ord. 17.58 1(part), 1995)
(Ord. 1758 §1(part), 1995)
(Ord. 1758 1(part), 1995)
(Ord. 1974 §1, 2001)
(Ord. 1758 §1(part), 1995)
Sensitive Areas Ordinance Definitions
18.06.460Junk Yard
"Junk yard" means a lot, land or structure, or part thereof, used for the collection, storage and
sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling,
storage, salvaging and sale of parts of machinery or vehicles not in running condition.
(Ord. 1758 §1(part), 1995)
18.06.465 Kennel
"Kennel" means a place where four or more dogs or cats or any combination thereof are kept.
(Ord. 1758 §1(part), 1995)
18.06.470 Laboratory, Medical and Dental
"Medical or dental laboratory" means premises devoted to sample testing or product
development in any branch of medicine or dentistry, including the application of scientific
principles in testing, analysis, or preparation of drugs, chemicals or other products or substances
but specifically excluding the commercial manufacturing or storage and distribution operations in
excess of 20,000 square feet of floor area.
18.06.473 Land Surveyor
"Land surveyor" means an individual registered in accordance with the provisions of RCW 18.43
and licensed to perform land surveys in the State of Washington.
18.06.475 Land Altering Activity
"Land- altering activity" means any activity that results in change of the natural cover or
topography, as defined in TMC 16.54, Land Altering.
q:\mydocs \1 -04 SAO \18.06 Definition for Kelly formatting
Reflects Council Revisions
12/1/04
22
(Ord. 1758 §1(part), 1995)
(Ord. 1834 §2(part), 1998)
(Ord. 1 758 §1(part), 1995)
18.06.480 Land Altering Permit
"Land- altering permit" means a permit for land altering activity issued by the City of Tukwila
pursuant to TMC 16.54, Land Altering.
(Ord. 1758 §1(part), 1995)
18.06.485 Landscape Architect
"Landscape architect" means a person licensed by the State of Washington to engage in the
practice of landscape architecture as defined by RCW 18.96.030.
(Ord. 1758 §1(part), 1995)
18.06.490 Landscaping or Landscaped Areas
"Landscaping or landscaped areas" means natural vegetation such as trees, shrubs, groundcover,
and other landscape materials arranged in a manner to produce an aesthetic effect appropriate for
the use to which the land is put.
758 ;1tp _.19)
18.06.493 Lease
"Lease" means a contract or agreement whereby one party grants to another party general or
limited rights, title or interest in real property. This definition is intended to apply to those
agreements which are ordinarily considered "ground leases and shall not apply to those which
are ordinarily considered "space leases."
(Ord. 1834 §2(part), 1998)
Sensitive Areas Ordinance Definitions
18.06.495 Loading Space
"Loading space" means a space which is on the same site with the principal use served and which
provides for the temporary parking of a vehicle while loading or unloading merchandise,
materials or passengers.
7 1(pa
18.06.500Lot
"Lot" means a physically separate and distinct parcel of property which has been created by plat,
short plat or binding site plan, or which by reason of its ownership history, was used as a separate
legal building site prior to the requirement that lots be created by plat, short plat or binding site
plan.
(Ord. 1758 §1(part), 1995)
18.06.505 Lot Area
"Lot area" means the total horizontal area within the boundary lines of a lot and exclusive of street
right -of -way, street easement, or private access roads serving more than one lot authorized pursuant
to the subdivision ordinance.
(Ord. 1834 §3, 1998; Ord. 1758 §1(part), 1995)
18.06.510Lot, Corner
"Corner lot" means a lot abutting two or more streets or parts of the same street forming an
interior angle of less than 135 degrees within the lot lines.
(Ord. 1758 §1(part), 1995)
18.06.515 Lot Coverage
"Lot coverage" means the surface of the subject property covered with impervious surface, other
than outdoor pools.
(Ord. 1758 §1(part), 1995)
18.06.520Lot Depth
"Lot depth" means the mean dimension of the lot from the front street line to the rear line.
(Ord. 1758 §1(part), 1995)
18.06.525 Lot Frontage
"Lot frontage" means that front portion of a lot nearest the street, except on a corner lot in which
case the front yard shall be considered the narrowest part of the lot that abuts a street.
(Ord. 1758 §1(part), 1995)
18.06.530Lot Lines
"Lot lines" means the property lines bounding the lot; except that in MDR and HDR zones, lot
lines shall also include the curbline or edge or easement, whichever provides a greater width, of
any adjacent `access roads'.
(Ord. 1758 §1(part), 1995)
18.06.535Lot, Interior
"Interior lot" means a lot other than a comer lot with only one frontage on a street.
(Ord. 1758 1(part). 1995)
18.06.540 Lot, Through
"Through lot" means a lot fronting on two streets that do not intersect on the parcel's lot lines.
q:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
23
Sensitive Areas Ordinance Definitions
18.06.545 Lot Width
"Lot width" means the mean horizontal distance between lot side lines.
(Ord. 1758 §1(part), 1995)
(Ord. 1758 §1(part), 1995)
18.06.550Low Impact Environment
"Low impact environment" means the area between the River Environment and a point 100 feet
landward from the mean high water mark having environmentally protective land use regulations
as established in the Shoreline Overlay District chapter of this title.
(Ord. 1758 §1(part), 1995)
18.06.555 Major Adjustment
"Major adjustment" means an adjustment determined by the Director as a major change in a final
development plan which changes the basic design, density, open space or other substantive
requirements or provisions.
(Ord. 1758 §1(part), 1995)
18.06.560 Mali
"Mall" means an enclosed public area, typically a concourse, designed as a pedestrian walkway
along rows of shops and often set with landscaping and /or seating.
(Ord. 1758 §1(part), 1 995)
18.06.565 Manufactured/Mobile Home Park
"Manufactured /mobile home park" means a master planned development consisting of a
grouping of manufactured or mobile home dwellings, and may include park management offices
and accessory community facilities for the exclusive use of park residents, such as recreation,
laundry or storage facilities.
(Ord. 1758 §1(part), 1995)
1 8.06.5 67 Manufacturing
"Manufacturing" is a building or group of buildings which specializes in the manufacturing of
products or in the research and testing of products. Examples include factories, testing
laboratories, creameries, bottling establishments, bakeries, canneries, printing and engraving
shops.
(Ord. 1795 §1(part), 1997)
18.06.568 Mass Transit Facilities
"Mass transit facilities" shall include structures and infrastructure for public or private
transportation systems having established routes and schedules such as transit centers, commuter
and light rail facilities, both rail lines and stations, monorails, people movers and other similar
mass transit facilities but not including incidental improvements such as bus stops.
(Ord. 1865 §3, 1999)
18.06.570Mean High Water Mark
"Mean high water mark" means the elevation of the surface of Green River and Duwamish River
waters when the discharge rate at the U. S. Geological Survey Stream Gauging Station, Green
River near Auburn (121130), is 9,000 cfs and as determined by maps on file with the City Clerk.
(Ord. 1758 §1(part), 1995)
q:\mydocs \1 -04 SAO \18.06 Definition for Kelly formatting
Reflects Council Revisions
12/1/04
Sensitive Areas Ordinance Definitions
18.06.575 Mining and Quarrying
"Mining and quarrying" means removal and processing of sand, gravel, rock, peat, black soil, and
other natural deposits, greater than 50,000 cubic yards cumulative.
(Ord. 1.758 §1(part), 1995)
18.06.580 Minor Adjustment
"Minor adjustment" means any change which is not determined by the Director to be a major
change.
(Ord. 1758 §1(part), 1995)
18.06.hh Compensatory Mitigation
"Mitigation" means replacing project induced wed- sensitive area and buffer losses or impacts,
and includes but is not limited to the following:
1. Restoration: Actions performed to reestablish wetland sensitive area and its buffer functional
characteristics and processes which have been lost by alterations, activities or catastrophic events
within an area which no longer meets the definition of a wetland sensitive area:
2. Creation: Actions performed to intentionally establish a wetland sensitive 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 wetland
sensitive area or its buffer so that the functions it provides are of higher quality.
(Ord. 1758 §1(part), 1995)
18.06.583 Modular Home
"Modular home" means a factory -built residential structure, transportable in one or more
sections, which meets the requirements of the Uniform Building Code.
q:\mydocs \1 -04 SAO \18.06 Definition for Kelly formatting
Reflects Council Revisions
12/1/04
(Ord. 1974 §6, 2001)
18.06.585 Motel
"Motel" includes tourist cabins, tourist court, motor lodge, auto court, cabin court, motor inn and
similar names. A motel is a building or buildings, detached or in connected units or designed as
a single structure, the units of which are used as individual sleeping or dwelling units having
their own private toilet facilities, and may or may not have their own kitchen facilities, and are
designed primarily for the accommodation of transient automobile travelers. Accommodations
for travel trailers are not included.
(Ord. 1758 §1(part), 1995)
18.06.590 Nonconforming Use
"Nonconforming use" means the use of land which does not conform to the use regulations of the
district in which the use exists.
(Ord. 1758 §1(part), 1995)
18.06.592 Office
"Office" is a building or a group of buildings dedicated to non manufacturing types of work that
are for the use of employees but may or may not be for use by the general public. Examples
include services such as accounting, advertising, architectural /engineering, consulting,
information processing, legal, medical and/or dental.
(Ord. 1795 1(part), 1997)
25
1
Sensitive Areas Ordinance Definitions
18.06.593 Open Record Appeal
"Open record appeal" means a quasi-judicial appeal to a hearing body designated by this chapter
from a decision regarding a project permit application that was made without an open record
hearing. Testimony and submission of relevant evidence and information shall be permitted at
the hearing on such an appeal.
(Ord. 1768 1(part). 1996)
18.06.594 Open Record Hearing
"Open record hearing" means a quasi-judicial hearing conducted by a hearing body which
creates the official record regarding a permit application. Oral testimony and submission of
relevant evidence and documents shall be permitted at such a hearing.
(Ord. 1768 1(part), 1996)
18.06.595 Open Space
"Open space" means that area of a site which is free and clear of building and structures and is
open and unobstructed from the ground to the sky.
(Ord. 1758 1(part), 1995)
18.06.6000pen Space Tract
"Open space tract" means a tract that is established to preserve open space, and which is recorded
on all documents of title of record for all affected lots and subsequent owners.
d. 1 758 1€ r(), 19(}3
18.06.605 Ordinary High Water Mark
"Ordinary high water mark (OHWM)" means the mark that will be found by examining the bed
and banks of a stream and ascertaining where the presence and action of waters are so common
and usual as to distinctly mark the soil from that of the abutting upland, in respect to vegetation.
18.06.610Parcel
"Parcel" means a tract or plat of land of any size which may or may not be subdivided or
improved.
18.06.611 Park and Ride
"Park and Ride" means a facility for temporarily parking automobiles, the occupants of which
transfer to public transit to continue their trips.
18.06.613 Parking, Commercial
"Commercial parking" is a use of land or structure for the parking of motor vehicles as a
commercial enterprise for which hourly, daily or weekly fees are charged.
q:\mydocs \1 -04 SAO \18.06 Definition for Kelly formatting
Reflects Council Revisions
12/1/04
(Ord, 17.58 1(part
(Ord.
18.06.615 Parking Space
"Parking space" means an off street parking space which is maintained and used for the sole
purpose of accommodating a temporarily parked motor vehicle and which has access to a street
or alley.
(Ord. 1':=8 ,1i, dr 1.. :995)
Sensitive Areas Ordinance Defmitions
18.06.617 Pawnbroker
"Pawnbroker" is an establishment engaged in the buying or selling of new or secondhand
merchandise and offering loans in exchange for personal property.
18.06.618 Performance Bond or Guarantee
"Performance bond or guarantee" means that security to ensure installation of certain required
improvements which may be accepted to defer those improvements when such a deferment is
warranted and acceptable to the City.
(Ord. 183
�C. 1 97 2, 2001
18.06.620 Performance Standards
"Performance standards" means specific criteria for fulfilling environmental goals, and for
beginning remedial action, mitigation or contingency measures, which may include water quality
standards or other hydrological, geological or ecological criteria.
(Ord. 1758 §1(part), 1995)
18.06.625 Person
"Person" means any legal entity recognized by the State of Washington for the purpose of
assigning legal responsibility, to include but not limited to individuals, partnerships,
corporations, associations, commissions, boards, utilities, institutions, and estates.
(Ord. 1758 §1(part), 1995)
18.06.630Plan
"Plan" means a sketch, survey or other drawing, photograph or similar document which may be a
part of the set of permit drawings or construction documents, sufficient for the Director to make a
final permit decision.
(Ord. 1758 §1(part), 1995)
18.06.632 Planned Residential Development (PRD)
"Planned residential development (PRD)" means a form of residential development characterized
by a unified site design for a number of dwelling units, clustered buildings, common open space,
and a mix of building types. The PRD is an overlay district which is superimposed over the
underlying district as an exception to such district regulations, as processed through procedures
specified in the Planned Residential Development District chapter of this title.
(Ord. 1758 §1(part), 1995)
18.06.633 Planning Commission
"Planning Commission" means that body as defined under Title 2.36 of the Tukwila Municipal
Code.
(Ord. 1834 §2(part), 1998)
18.06.635 Plat
"Plat" means a map or representation of a subdivision, showing thereon the division of a tract or
parcel of land into lots, blocks, streets, and alleys or other divisions and dedications.
(Ord. 1834 §2(part), 1998)
18.06.636 Preliminary Plat
"Preliminary plat" means a neat and approximate drawing of a proposed subdivision or short
plat, showing the general layout of streets and alleys, lots, blocks, utilities, and restrictive
27
q:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
Sensitive Areas Ordinance Definitions
covenants to be applicable to the proposal, and other elements of a plat which shall furnish a
basis for the approval or disapproval of the application.
(Ord. 1834 §2(part). 1998)
18.06.637 Principal Building
"Principal building" means the principal structure on a lot or building site designed or used to
accommodate the primary use to which the premises are devoted.
(Ord. 1834 §2(part), 1998)
18.06.63 8 Private Access Road
"Private access road" means a minor, privately owned and maintained road which serves to
provide access to lots as authorized pursuant to TMC 17.24.030 and 17.28.050.
(Ord. 1834 §2(part), 1998)
18.06.640 Property Owner
"Property owner" means the owner of record for a site, or his or her authorized representative.
(Ord. 1758 §1(part), 1995)
18.06.645 Protected Tree /Protected Vegetation
"Protected tree /protected vegetation" means tree or area of understory vegetation identified on an
approved landscape plan to be retained and protected during construction.
(Ord. 1758 §1(part), 1995)
18.06.650Protection Measure
"Protection measure" means the practice or combination of practices (e.g. construction barriers,
protective fencing, tree wells, etc.) used to control construction or development activity, where
such activity may impact vegetation which is approved for retention in a Tree Clearing Permit.
(Ord. 1758 §1(part), 1995)
18.06.655 Protective Fencing
"Protective fencing" means the temporary fence or other structural barrier installed to prevent
permitted clearing or construction activity from adversely affecting vegetation which is approved
for retention in a Tree Clearing Permit.
18.06.660 Reach
"Reach" means a segment of a watercourse with uniform characteristics.
q:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
28
(Ord. 1758 §1(part), 1 995)
18.06.657Public Meeting
"Public meeting" means an informal meeting or workshop to provide public information
regarding a project permit application and to obtain comments about the application from the
public. The information gathered at such a meeting does not constitute part of the official record
regarding a project permit application.
(Ord. 1768 §1(part), 1996)
(Ord. 1758 §1(part), 1995)
18.06.665 Recreation Space
"Recreation space" means covered and uncovered space designed and intended for active and/or
passive recreational activity including but not limited to tennis courts, swimming pools, cabanas,
Sensitive Areas Ordinance Definitions
playgrounds, playfields, or wooded areas, and specifically excluding any parking area, driveway,
or rockery.
(Ord. 1758 §1(part), 1995)
18.06.670Recreation Space, Covered
"Covered recreation space" means an area of ground covered or overlaid by an artificial or
manmade surface, such as rooftops or pavement.
(Ord. 1758 §1(part), 1995)
18.06.675 Recreation Space, Uncovered
"Uncovered recreation space" means an area of ground characterized by a natural surface, such as
lawn, forests, or sandboxes (for children's play).
.4* MOVED see Wetland, Regulated
"Regulated wetlands" m ans ponds or lakes 30 acres or 12:s and those lands subject to the
"wetland" definition containcd in this chapter. Isolated wetlands that arc 1,000 square feet or
mailer in arca may not require compensatory mitigation.
(Ord. 1758 §1(part), 1995)
(Ord. 1758 §1(part), 1995)
18.06.685 Residence
"Residence" means a building or structure, or portion thereof, which is designed for and used to
provide a place of abode for human beings.
(Ord. 1758 1(part), 1995)
18.06.687 Restaurant
"Restaurant" is an establishment whose principal business is the sale of foods to be eaten on the
premises, including either indoor or outdoor seating, which may also include an area reserved for
the sale of alcoholic beverages.
(Ord. 1795 1(part), 1997)
18.06.688 Restaurant, Fast Food
"Restaurant, Fast Food" means an establishment whose principal business is the sale of foods,
frozen desserts, or beverages served in or on disposable containers for consumption while seated
within the building or in a vehicle or incidentally within a designated outdoor area, or for takeout
with consumption off the premises.
(Ord. 1795 1(pare), 1997)
18.06.689 Right -of -Way
"Right -of -way" means a right belonging to a party to pass over land of another.
(Ord. 1834 §2(part). 1998)
18.06.690 River Channel
"River channel" means that area of the river environment lying riverward of the mean high water
mark.
(Ord. 1758 §1(part), 1995)
q:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
29
Sensitive Areas Ordinance Defmitions
18.06.695 River Environment
"River environment" means the area between the mean high water mark and a point 40 feet
landward from the mean high water mark, having the most environmentally protective land use
regulations as established in the Shoreline Overlay District chapter of this title.
(Ord. 1758 §1(part), 1 995)
18.06.697 Roadway
"Roadway" means that improved portion of a street intended for the accommodation of vehicular
traffic, generally within curb lines.
18.06.700 Sanitarium
"Sanitarium" means a facility designed and used for the care, treatment and housing of persons
with specific chronic diseases. Convalescent homes are not included.
(Ord. 1758 1(part), 1995)
18.06.705 Screening
"Screening" means a continuous fence and/or evergreen landscaped planting that effectively
conceals the property it encloses.
18.06.706 Secure Community Transitional Facility
"Secure community transitional facility" means a secure community transitional facility as
defined under RCW 71.09.020, which defines it as "a residential facility for persons civilly
committed and conditionally released to a less restrictive alternative under this chapter. A secure
community transition facility has supervision and security, and either provides or ensures the
provision of sex offender treatment services. Secure community transition facilities include but
are not limited to the facilities established pursuant to RCW 71.09.250 and any community -based
facilities established under this chapter and operated by the DSHS secretary or under contract
with the secretary."
18.06.707 Self Storage Facility
"Self Storage Facility "means a building designed and used for the purpose of renting or leasing
individual indoor storage space to customers who are to have access to the space for the purpose
of storing or removing personal property on a self service basis.
18.06.708 Senior Citizen Housing
"Senior Citizen Housing" is housing in a building or group of buildings with two or more
dwelling and/or sleeping units, restricted to occupancy by at least one senior citizen per unit, and
may include Food Preparation and Dining activities, Group Activity areas, Medical Supervision
or other similar activities. Such housing is further distinguished by the use of funding
restrictions, covenants between the developer, tenants, operators and /or the City or other
agreements that restrict the development to those individuals over 60 years of age. Senior
Citizen Housing strategies may include provisions for units dedicated to persons under 60 years
of age that have medical conditions consistent with definitions in the Americans with Disabilities
Act; however, the population of disabled individuals may not exceed 20% of the residents.
q:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
30
(Ord. 1834 §2(part), 1998)
(Ord. 1758 §1(part), 1995)
(Ord. 1991 §2, 2002; Ord. 1758 §1(part), 1995)
(Ord. 2021 §1, 2003
Sensitive Areas Ordinance Definitions
These facilities may not include populations requiring convalescent or chronic care, as defined
under RCW 18.51.
(Ord. 1795 §1(part), 1997)
18.06.710 Sensitive Area Buffer
"Sensitive area buffer" means an area lying adjacent to but outside a sensitive area as defined by
this Title, whose function is to protect sensitive areas from the potential adverse impacts of
development, land use, or other activities. A wetland or watercourse sensitive area buffer also
provides critical habitat value, bank stabilization, and or water overflow area functions.
(Ord. 1758 §1(part), 1995)
18.06.715 Sensitive Area Regulated Activities
"Sensitive area regulated activities" means any of the following activities which 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, harvest-
ing, 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.
(Ord. 1758 §1(part), 1 995)
18.06.720 Sensitive Areas
"Sensitive areas" means wetlands, watercourses, areas of potential geologic instability (other
than Class I areas), abandoned coal mine areas, and fish and wildlife habitat conservation areas
important geological or archaeological sites.
(Ord. 17CE ;'.(part), 1995)
18.06.725 Sensitive Areas Ordinance
"Sensitive Areas Ordinance" means the Environmentally Sensitive Areas Overlay District
chapter of this title or as amended hereafter which establishes standards for land development on
lots with sensitive areas (e.g. steep slopes, wetlands, watercourses, etc.).
(Ord. 1758 §1(part), 1995)
18.06.730Sensitive Area Tract or Easement
"Sensitive area tract or easement" means a tract or nortion of a parcel which -that is created to
protect the sensitive 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.
(Ord. 1758 §1(part), 1995)
y:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
31
Sensitive Areas Ordinance Definitions
18.06.735 Service Station
"Service station" means any area of land, including structures thereon, that is used for the sale of
gasoline or other motor fuels, oils, lubricants, and auto accessories which may or may not include
washing, lubricating, tune -ups, and other minor servicing incidental to this use, but no painting or
major repair operations.
(Ord. 1758 §1(part), 1995)
18.06.740 Setbacks
"Setbacks" means the distances that buildings or uses must be removed from their lot lines
except that roof eaves may intrude a maximum of 18 inches into this area.
(Ord. I758 §1(part), 1995)
18.06.743 Shelter
"Shelter" means a building or use providing residential housing on a short-term basis for victims
of abuse and their dependents, or a residential facility for runaway minors (children under the age
of 18).
(Ord. 1976 §16, 2001)
18.06.745 Shelter station
"Shelter station" means a shelter for protection from the elements for the waiting customers of a
public transportation system.
(Ord. 1758 §1(part), 1995)
18.06.750 Shopping Center, Planned
"Planned shopping center" means a group of architecturally unified commercial establishments
built on a site which is planned, developed, owned, and managed as an operating unit related in
its location, size, and type of shops to the trade area that the unit serves. The unit provides on-
site parking in definite relationship to the types and total size of the stores.
(Ord. 1758 1(part). 1995)
18.06.760 Shoreline
"Shoreline" means the line at mean high water surrounding any body of water of 20 acres or
larger or where the mean flow is 20 cubic feet per second or greater.
(Ord. 1758 §1(part), 1995)
18.06.765 Shoreline zone
"Shoreline zone" means a 200 -foot area surrounding any shoreline in Tukwila composed of three
zones: (1) river environment, (2) low impact environment, and (3) high impact environment.
(Ord. 1758 §1(part), 1995)
18.06.767 Short plat
"Short plat" means the map or representation of a short subdivision.
(Ord. 1834 §2(part), 1998)
18.06.768 Short Subdivision
"Short subdivision" means the division of land into nine or less lots, tracts, parcels, sites or
divisions.
q:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
(Ord. 1834 §2(part), 1998)
Sensitive Areas Ordinance Definitions
18.06.769 Short Subdivision Committee
The Short Subdivision Committee (SSC) shall consist of the Director of the Department of
Community Development who shall be the chair, the Public Works Director, and the Fire Chief,
or their designated representatives.
(Ord. 1834 §2(part), 1998)
18.06.770 Sign
"Sign" means any medium, including paint on walls, merchandise, or visual communication
device, its structure and component parts, which is used or intended to be used to attract attention
to the subject matter for advertising or identification purposes. Bulletin boards and readerboards
are considered to be signs.
(Ord. 1758 §1(part), 1995)
18.06.775 Significant Tree
A "significant tree" means a tree (Cottonwood excluded) which is 4 inches or more in diameter
as measured 4.5 feet above grade.
(Ord. 1775 §1, 1996; Ord. 1758 §1(part), 1995)
18.06.780 Site
"Site" means any legally defined section of real property, whose boundaries are recorded for
purposes of assessing taxes with the County Assessor's Office.
(Ord. 1758 §1(part), 1995)
18.06.785 Solid Planting
"Solid planting" means a planting of evergreen trees and /or shrubs which will prevent a through
and unobscured penetration of sight or light.
(Ord. 1758 §1(part), 1995)
18.06.790 Story
"Story" means story as defined in the Washington State Building Code.
(Ord. 1971 §3, 2001; Ord. 1758 1(part), 1995)
18.06.795 Street
"Street" means a public thoroughfare which affords the principal means of access to abutting
properties.
(Ord. 1758 §1(part), 1995)
18.06.800 Structure
"Structure" means a combination of materials constructed and erected permanently on the ground
or attached to something having a permanent location on the ground, but excluding all forms of
vehicles even though immobilized. Not included are residential fences, retaining walls less than
three feet in height, rockeries and similar improvements of minor character.
(Ord. 1758 §1(part), 1995)
18.06.805 Structural Alteration
"Structural alteration" means any change in load or stress of the loaded or stressed members of a
building or structure.
q:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
(Ord. 1758 §1(part), 1995)
33
Sensitive Areas Ordinance Definitions
18.06.810 Studios
"Studios" means a building or portion of a building used as a place of work by an artist,
photographer, or artisan, or used for dance instruction.
(Ord. 1758 §1(part), 1995)
18.06.813 Subdivision
"Subdivision" means the division or redivision of land into ten or more lots, tracts, parcels, sites
or divisions.
(Ord. 1834 §2(part), 1998)
18.06.815 Substantial Construction
"Substantial construction" means completion of more than 50% of the cost of work described in
specified and approved plans.
q:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
34
(Ord. 1758 §1(part), 1995)
18.06.820 Surveyor
"Surveyor" means a person licensed by the State of Washington to engage in the practice of land
surveying, as defined by RCW 18.43.020.
(Ord. 1758 §1(part). 1 995)
18.06.823 Theater
"Theater" is a building or part of a building devoted to showing motion pictures or for dramatic,
dance, musical or other live performances.
(Ord. 1795 §1(part), 1997)
18.06.825 Tract
"Tract" means a parcel of land proposed for subdivision or a distinct parcel designated for a specific
use.-
(Ord. 1834 §4, 1998; Ord. 1758 §1(part), 1995)
18.06.830 Trailer Court Or Park
"Trailer court or park" means any area of land occupied or designed for the occupancy of two or
more travel trailers or mobile homes.
(Ord. 1758 §1(part), 1995)
18.06.835 Trailer, Travel
"Travel trailer" means a vehicular portable structure built on a chassis, designed to be used as a
temporary dwelling for travel and recreational purposes.
(Ord. 1758 §1(part), 1995)
18.06.840 Transit Center
"Transit center" means a location where groups of buses or other public transportation vehicles
can be brought together at the same time, allowing patrons to transfer between the routes.
(Ord. 1758 §1(part). 1995)
18.06.845 Tree
"Tree" means any self supporting woody plant, which at maturity is usually 20 feet or more in
height and generally has characterized by one main trunk, with a potential diameter breast height
of 2 inches or more, and potential minimum height of 10 fect.
(Ord. 1758 §1(part), 1995)
Sensitive Areas Ordinance Defmitions
18.06.850Tree Clearing Permit
"Tree clearing permit" means a permit issued by the Director authorizing tree clearing activities,
pursuant to the general permit provisions of this title.
(Ord. 1758 §1(part), 1995)
18.06.855 Turbidity
"Turbidity" means a cloudy condition in water due to the suspension of silt, finely divided
organic matter, or other pollutants.
(Ord. 1758 1. (part), 1995)
18.06.860 Understory Vegetation
"Understory vegetation" means small trees, shrubs, and groundcover plants, growing beneath and
shaded by the canopy of a significant tree, which affect and are affected by the soil and hydrology
of the area surrounding the significant tree roots.
(Ord. 1758 §1(part), 1995)
18.06.863 Usable Floor Area
"Usable Floor area" means that part of the floor area of any structure which is actually used from
time to time for any commercial purposes, such as a sales area, display area, walkways or storage
area. Parking calculation shall not include common corridors designed for the circulation of
people at non retail establishments, restrooms, elevator shafts and stairwells at each floor,
mechanical equipment rooms or attic spaces and exterior covered loading docks.
(Ord. 1795 1(part). 1997)
18.06.865 Use
"Use" means the nature of the occupancy, the type of activity, or the character and form of
improvements to which land is devoted or may be devoted.
(Ord. 1758 §1(part). 1995)
18.06.870 Use, Accessory
"Accessory use" means a use incidental and subordinate to the principal use and located on the
same lot or in the same building as the principal use.
18.06.875 Use, Conditional
"Conditional use" means an unusual and /or unique type of land use which, due to its nature,
requires special consideration of its impacts on the neighborhood and land uses in the vicinity.
(Ord. 1758 §1(part), 1995)
18.06.880Use, Permitted
"Permitted use" means any use authorized or permitted alone or in conjunction with any other
use in a specified district and subject to the limitation of the regulations of such use district.
(Ord. 1758 §1(part), 1995)
18.06.885 Use, Primary or Principal
"Primary or principal permitted use" means the use for which a lot, structure or building, or the
major portion thereof, is designed or actually employed.
q:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
35
(Ord. 1758 §1(part), 1995)
(Ord. 1758 §1(part), 1995)
Sensitive Areas Ordinance Definitions
18.06.890Use, Unclassified
"Unclassified use" means an unusual, large- scale, unique and/or special type of land use which,
due to its nature, requires special review of its impacts on the community and land uses in the
vicinity.
(Ord. 1758 §1(part), 1995)
18.06.895 Unlisted Use
"Unlisted use" means uses which are not specifically named as permitted in any use classification
contained within this title.
(Ord. 1758 §1(part), 1995)
18.06.900Utilities
"Utilities" means all lines and facilities related to the provision, distribution, collection,
transmission or disposal of water, storm and sanitary sewage, oil, gas, power, information,
telecommunication and telephone cable, or refuse, and includes facilities for the generation of
electricity.
(Ord. 1758 §1(part), 1995)
18.06.905 Variance
"Variance" means an adjustment in the specific regulation of this title regarding a particular piece
of property as provided in the Variance chapter of this title.
(Ord. 1758 §1(part), 1995)
18.06.910 Vegetation
"Vegetation" means living trees, shrubs or groundcover plants.
(Ord. 1758 §1(part), 1995)
18.06.915 Vehicles
"Vehicles" means mechanical devices capable of movement by means of wheels, skids or
runners of any kind, specifically including, but not limited to, all forms of trailers, recreational
vehicles or mobile homes of any size whether capable of supplying their own motive power or
not, without regard to whether the primary purpose of which device is or is not the conveyance of
persons or objects, and specifically including all such automobiles, buses, trucks, cars, vans,
recreational vehicles, trailers and mobile homes even though they may be at any time
immobilized in any way and for any period of time of whatever duration.
(Ord. 1758 §1(part), 1995)
18.06.918 Warehouse
"Warehouse" is a building or group of buildings that are primarily for the storage of goods.
(Ord. 1795 §1(part), 1997)
18.06.920 Watercourse
"Watercourse" means a course or route formed by nature or modified by man, generally
consisting of a channel with a bed and banks or sides substantially throughout its length along
which surface water flows naturally other than includina the Green/Duwamish River. The
channel or bed need not contain water year- round. Watercourses do not include irrigation
ditches, stormwater runoff channels or devices, or other entirely artificial watercourses unless
they are used by salmonids or to convey or pass through stream flows naturally occurring prior to
construction of such devices.
q:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
36
Sensitive Areas Ordinance Definitions
(Ord. 1758 §1(part), 1995)
18.06.925 Wetland Edge
"Wetland edge" means the boundary of a wetland as delineated based on the 1987 manual in use
January 1, 1995 by the U.S. Environmental Protection Agency and the U.S. Army Corps of
Engineers.
(Ord. 1758 §1(part), 1995)
18.06.930 Wetlands
"Wetlands" means those areas that are inundated or saturated by groundwater or surface water at
a frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include bogs, swamps, marshes, ponds, lakes and similar areas. Wetlands do not
include those artificial wetlands intentionally created from non wetland sites, including but not
limited to irrigation and drainage ditches, grass -lined swales, canals, detention facilities.
wastewater treatment facilities, farm ponds, landscape amenities or those wetlands created after
July 1. 1990 that were unintentionally created as a result of the construction of a road, street or
highway.
However, those artificial wetlands intentionally created from nonwetland areas to mitigate
conversion of wetlands as permitted by the City shall be considered wetlands.
(Ord. 1758 §1(part), 1995)
18.06.ii Constructed Wetlands or Watercourses. Constructed
"Constructed wetlands" or "constructed watercourses" means those wetlands or watercourses
which an applicant can demonstrate were intentionally created from nonwetland or
nonwatercourse sites, including, but not limited to, irrigation and drainage ditches, grass -lined
swales, canals, detention facilities, wastewater treatment facilities, farm ponds and landscape
amenities; and does not mean those wetlands and watercourses created through compensatory
mitigation.
18.06.jj. Emergent Wetland. Emergent
"Emergent wetland" means a regulated wetland with at least 30% of the surface area covered by
erect, rooted, herbaceous vegetation as the uppermost vegetative stratum.
(Ord. 1758 §1(part), 1995
18.06.kk Wetlands. Forested
"Forested wetland" means a regulated wetland with at least thirty (30) 20 percent of the
surface area covered by trcca woody vegetation greater than 20 feet or greater in height that is at
least partially rooted within the wetland.
18.06.11 Wetland, Isolated
"Isolated wetlands" means those wetlands that:
1. Are not hydrologically connected to, outside of and not contiguous to any 100 year
floodplain of a lake, river or stream, in accordance with current State and federal
regulations; and
q:\mydocs \1 -04 SAO \18.06 Definition for Kelly formatting
Reflects Council Revisions
12/1/04
37
Sensitive Areas Ordinance Definitions
2. Have no contiguous hydric soil and hydrophytic vegetation between the wetland and any
regulated surface water.
18.06.mm Wetlands. Regulated
"Regulated wetlands" means ponds or lakes 30 acres or less and those lands subject to the
"wetland" definition contained in this chapter. Isolatcd wetlands that are 1,000 sauarc fret or
.Wetlands 2.500 1.000 so. ft. and less
that do not meet anv of the criteria of TMC 18.45.110 B are not regulated.
18.06.nn Wetland. scrub -shrub
"Wetland, scrub shrub" means a wetland with at least thirty percent (30 of its surface area
covered by woody vegetation less than twenty (20) feet in height as the unnermost strata.
18.06.935 Yard
"Yard" means a required open space unoccupied and unobstructed by any structure or portion of
a structure from 30 inches above the general ground level of the graded lot upward.
(Ord. 1758 §1(part), 1 995)
18.06.940 Yard, Front
"Front yard" means a yard extending between side lot lines across the front of a lot. In MDR and
HDR zones, this shall also include areas adjacent to `access roads'.
(Ord. 1758 §1(part), 1995)
18.06.945 Yard, Rear
"Rear yard" means a yard extending across the rear of the lot between inner side yard lines.
(Ord. 1758 §1(part), 1995)
18.06.950Yard, Second Front
"Second front yard" means any yard adjacent to a public street that is not a front yard as defined
in the Definitions chapter of this title. (See also the Supplemental Development Regulations
chapter of this title and Figure 18 -4.)
(Ord. 1758 §1(part), 1995)
18.06.955 Yard, Side
"Side yard" means a yard extending from the rear line of the required front yard to the rear lot
line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the
intersection of the lot line involved with the public street.
q:\mydocs \1 -04 SAO \18.06- Definition for Kelly formatting
Reflects Council Revisions
12/1/04
38
COUNCIL RECOMMENDED REVISIONS TO TMC 18.50.110
18.50.110 Archaeological/ Paleontological Information
Preservation Requirements
The following provisions shall apply in the MICA, and MICA I all zones:
1. If there is reason to believe that archaeological resources will be disturbed, a cultural
resources assessment shall be conducted and, if warranted, an archaeological response plan and
provisions for excavation monitoring by a professional archaeologist shall be made prior to beginning
construction. The assessment should address the existence and significance of archaeological remains,
buildings and structures on the State or Federal historic registers, observable paleontological deposits and
may include review by the State Archaeologist.
2. It is recommended that the applicant coordinate a predetermination study by a professional
archaeologist during the geotechnical investigation phase, to determine site archaeological potential and
the likelihood of disturbing archaeological resources.
3. Excavations into historically native soil, when in an area of archaeological potential, shall
have a professional archaeologist on site to ensure that all State statutes regarding archaeological
conservation/ preservation are implemented. The applicant shall provide a written commitment to stop
work immediately upon discovery of archaeological remains and to consult with the State Office of
Archaeology and Historic Preservation (OAHP) to assess the remains and develop appropriate treatment
measures. These may include refilling the excavation with no further responsibility.
4. An applicant who encounters Indian burials shall not disturb them and shall consult with
OAHP and affected tribal organizations pursuant to State statutes.
5. The Director is authorized to:
a. conduct studies to generally identify areas of archaeological /paleontological potential;
b. make determinations to implement these provisions; and
c. waive any and all the above requirements, except for TMC 18.50.110 -4 (reporting of
discovered Indian burials), if the proposed action will have no probable significant impact on
archaeological or historical resources that are eligible for listing in the National Register of Historic
Places, or on observable paleontological resources. Examples of such actions include excavation of fill
materials, disturbance of less than 10,000 square feet of native soils to a depth of 12 inches, penetration of
native soils with pilings over a maximum 8% of the building footprint, and paving over native soils in a
manner which does not damage cultural resources. The above examples are illustrative and not
determinative. A case -by -case evaluation of archaeological /paleontological potential value and proposed
disturbance must be made.
(Ord. 1853 §5, 1998)
q: \1 -04 SAO Update \Council Review \TMC 18.50.110.doc
UU n
Chapter 18.70
NONCONFORMING LOTS,
STRUCTURES AND USES
Sections:
18.70.010 Purpose
18.70.020 Construction Approved Prior to Adoption of Title
18.70.030 Preexisting Legal Lots of Record
18.70.040 Nonconforming Uses
18.70.050 Nonconforming Structures
18.70.055 Mobile and Manufactured Homes
18.70.060 Repairs and Maintenance
18.70.070 Building Safety
18.70.080 Nonconforming Parking Lots
18.70.090 Nonconforming Landscape Areas
18.70.100 Conditional and Unclassified Uses
18.70.110 Nonconforming Adult Entertainment Establishment
18.70.120 Sidewalk Dedication
18.70.130 Cargo Containers
18.70.010 Purpose
It is the purpose of this chapter to establish limitations on the expansion and extension of
nonconforming uses and structures which adversely affect the development and perpetuation of
desirable residential, commercial, and industrial areas with appropriate groupings of compatible
and related uses.
(Ord. 1819 1(part). 1997)
18.70.020 Construction Approved Prior to Adoption of Title
To avoid undue hardship, nothing in this title shall be deemed to require a change in plans,
construction or designated use of any building on which actual construction was lawfully begun
prior to adoption of this title and upon which actual building construction has been carried on in
a diligent manner. Actual construction shall consist of materials in permanent positions and
fastened in a permanent manner, and demolition, elimination and removal of one or more
existing structures in connection with such construction; providing, that actual construction work
shall be diligently carried on until the completion of the structure involved.
(Ord. 1819 1(part), 1997)
18.70.030 Preexisting Legal Lots of Record
Any lot not meeting current minimum development standards in its zone may continue to have
uses that are permitted in its zone, if
1. The lot size was legally established before the effective date of incorporation of the City of
Tukwila, or,
2. The lot was a legal lot when annexed by the City of Tukwila, or,
3. The lot was legally established prior to the effective date of any City of Tukwila ordinance
that caused the lot to become nonconforming.
(Ord. 1819 1(part), 1997)
18.70.040Nonconforming Uses
Any preexisting lawful use of land made nonconforming under the terms of this title may be
continued as a nonconforming use, defined in TMC Chapter 18.06, so long as that use remains
lawful, subject to the following:
1. No such nonconforming use shall be enlarged, intensified, increased 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 title;
2. No nonconforming use shall be moved or extended in whole or in part to any other portion of
the lot or parcel occupied by such use at the effective date of adoption or amendment of this title;
3. If any such nonconforming use ceases for any reason for a period of more than six
consecutive months, or a total of 365 days in a three -year time period, whichever occurs first, any
subsequent use shall conform to the regulations specified by this title for the district in which such use is
located;
4. No existing structure devoted to a use not permitted by this title in the zone in which it is
located shall be structurally altered, except in changing the use of the structure to a use permitted in the
zone in which it is located; except where minor alterations are made, pursuant to TMC 18.70.050(1),
TMC 18.70.060, or any other pertinent section, herein;
5. If a change of use is proposed to a use deteEmined to be nonconforming by application of
provisions in this title, the proposed new use must be a permitted use in its zone or a use approved under
a Conditional Use or Unclassified Use Permit process, subject to review and approval by the Planning
Commission and /or the City Council. For purposes of implementing this section, a change of use
constitutes a change from one Permitted, Conditional or Unclassified Use category to another such use
category as listed within the zoning code.
6. Any structure, or structure and land in combination, in or on which a nonconforming use is
superseded by a permitted use, shall thereafter conform to the regulations for the zone in which such
structure is located, and the nonconforming use may not thereafter be resumed.
(Ord. 1819 §1(part). 1997)
18.70.050Nonconforming 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, lot coverage, 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 a way which increases its degree of noncon-
formity. Ordinary maintenance of a nonconforming structure is permitted, pursuant to TMC 18.70.060,
including but not limited to painting, roof repair and replacement, plumbing, wiring, mechanical equip-
ment 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.
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, which have
legally nonconforming building setbacks, shall be allowed to expand along the existing building line(s) if
the existing distance from the nearest point of the structure to the property line is not reduced.
7. In wetlands, watercourses and their buffers, existing structures that do not meet the
requirements of the Sensitive 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
sensitive area or the required buffer;
b. The new construction does not threaten the public health, safety or welfare; and
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 Sensitive 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
Section 18.45.080E and 080F;
b. The new construction does not threaten the public health, safety or welfare;
c. The new construction does not increase the potential for soil erosion or result in
unacceptable risk or damage to existing or potential development or to neighboring properties; and
d. The structure otherwise meets the requirements of this chapter.
9. A nonconforming use, within a nonconforming structure, shall not be allowed to expand into
any other portion of the nonconforming structure.
(Ord. 1819 1(part). 1997)
18.70.055 Mobile and Manufactured Homes
Legally preexisting mobile and manufactured homes may be replaced. The replacement must, at
a minimum, be with a HUD approved manufactured home and must also meet the following
standards:
1. Shall have roofing material that is residential in appearance including, but not limited to,
approved wood, asphalt composition shingles or fiberglass, but excluding corrugated aluminum,
corrugated fiberglass or metal roof;
2. Shall have a minimum roof pitch of three inch rise for each twelve inches of run, or about
25
3. Shall be installed in accordance with manufacturer's instructions, which shall include design
specifications for Seismic Zone 3 and wind load factor of 80 miles per hour;
4. Shall have exterior siding that is residential in appearance including, but not limited to,
clapboards, simulated clapboards such as conventional vinyl or metal siding, wood shingles, shakes or
similar material, but excluding smooth, ribbed, or corrugated metal or plastic panels;
5. Shall have the hitch, axles and wheels removed.
(Ord. 1819 1(part), 1997)
18.70.060 Repairs and Maintenance
If any building is devoted in whole or in part to any nonconforming use, work may be done in
any period of twelve consecutive months on ordinary repairs, or on repair or replacement of
nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 25% of the current
replacement value of the building.
(Ord. 1819 §1(part), 1997)
18.70.070Building Safety
A. Nothing in this title shall be deemed to prevent the strengthening or restoring to a safe
condition of any nonconforming building or part thereof declared to be unsafe by order of any
City official charged with protecting the public safety.
B. Alterations or expansion of a nonconforming use which 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.
(Ord. 1819 1(part), 1997)
18.70.080Nonconforming Parking Lots
A. Nothing contained in the Off street Parking and Loading Regulations chapter of this title
shall be construed to require a change in any aspect of a structure or facility covered thereunder
including, without limitation, parking lot layout, loading space requirements and curb -cuts, for
any structure or facility which existed on the date of adoption of this title.
B. If a change of use takes place, or an addition is proposed, which requires an increase in the
parking area by an increment less than 100%, the requirements of the Off street Parking and
Loading Regulations chapter of this title shall be complied with for the additional parking area.
C. If a change of use takes place, or an addition is proposed, which requires an increase in the
parking area by an increment greater than 100 the requirements of the Off street Parking and
Loading Regulations chapter of this title shall be complied with for the entire parking area.
(Ord. 1819 §1(part), 1997)
18.70.090Nonconforming Landscape Areas
A. Adoption of the landscaping regulations contained in this title shall not be construed to
require a change in the landscape improvements for any legal landscape area which existed on
the date of adoption of this title, unless and until a change of use or alteration of the structure
requiring design review approval is proposed (see TMC Chapter 18.60).
B. At such time as a change requiring design review approval is proposed for a use or
structure, and the associated premises does not comply with the landscape requirements of this
title, a landscape plan which conforms to the requirements of this title shall be submitted for
approval along with the design review application. The BAR (or DCD Director in the case of
administrative design review) may modify the standards imposed by this title when, in their judg-
ment, strict compliance with the landscaping standards of this code would create substantial
practical difficulties, the existing and proposed additional landscaping and screening materials
together will adequately screen or buffer possible use incompatibilities, soften the barren
appearance of parking or storage areas, and/or adequately enhance the premises appropriate to the
use district and location of the site.
(Ord. 2005 §19, 2002; Ord. 1872 §15, 1999;
Ord. 1819 1(part), 1997)
18.70.100 Conditional and Unclassified Uses
A legal use does not become nonconforming because the zone in which it is located is changed to
a zone which requires a conditional or unclassified use permit for the use, or because the use is
changed from an allowed use to a conditional or unclassified use within the same zone; provided,
however, the use may not be expanded nor may buildings be enlarged, altered or modified
without first obtaining a conditional or unclassified use permit if required pursuant to
requirements of TMC Chapters 18.64 or 18.66.
(Ord. 1819 1(part), 1997)
section;
18.70.110Nonconforming Adult Entertainment Establishments
Notwithstanding any other provision of this chapter, any adult entertainment use or establishment
which is rendered nonconforming by the provisions of any ordinance of the City shall be
terminated or discontinued within 90 days from the effective date of that ordinance.
1. The owner or operator of any adult entertainment use or establishment which is rendered
nonconforming by the provisions of any ordinance of the City may appeal the 90 -day termination
provision of this section by filing a notice of appeal with the City Clerk within 60 days of the effective
date of this section.
2. Within ten days of receipt of a notice of appeal, the City Clerk shall schedule a hearing on
the appeal before a hearing examiner. The hearing shall be no later than 20 days from the date of receipt
by the City of the notice of appeal, unless extended by mutual agreement of the parties. The hearing
examiner shall be the City Clerk or his /her designee.
3. Within ten days, excluding weekends and holidays recognized by the City, from the date of
the hearing on an appeal under this section, the hearing examiner shall issue a written decision, which
shall set forth the hearing examiner's findings of fact and conclusions of law. The hearing examiner
shall consider the following factors and any other factors that he /she determines to be relevant or helpful
in reaching a decision:
a. The harm or hardship to the appellant caused by the 90 -day termination provision of this
b. The benefit to the public to be gained from termination of the use;
c. The nature of the leasehold or other ownership interest that an appellant may have in
premises occupied by the adult entertainment use;
d. Restrictions or lack of same imposed on an appellant's use of such premises by a lease
or other binding agreement;
e. Amounts expended by an appellant for improvements to such premises or for necessary
equipment and the extent to which those amounts have been recovered through depreciation, tax savings,
or whether such improvements are contemplated to be left as property of the lessor; and
f. Any clear evidence of substantial economic harm caused by enforcement of the 90 -day
termination provision of this section.
4. Any appeal of the 90 -day termination provision filed pursuant to this section shall be
classified as a Type 1 decision to be rendered by the Hearing Examiner pursuant to the provisions of
TMC Chapters 18.104 and 18.108.
(Ord. 1819 1 (part), 1997)
18.70.120 Sidewalk Dedication
No building setback or landscape area on the subject lot at the time of donation or easement to
the City for sidewalk purposes shall become nonconforming by reasons of such donation or
easement.
(Ord. 1819 1(part), 1997)
18.70.130Cargo Containers
A. All cargo containers that have been installed in the LDR, MDR, HDR, MUO, 0, RCC,
NCC, RC, RCM, TUC or C /LI zones as of April 15, 2002 must either receive Type 2 special
permission approval or be removed by April 15, 2003. Criteria for approval are as follows:
1. Only one cargo container will be allowed per lot.
2. The cargo container is sufficiently screened from adjacent properties, parks, trails and rights
of -way, as determined by the Director. Screening may be a combination of solid fencing, landscaping, or
the placement of the cargo containers behind, between or within buildings.
3. If located adjacent to a building, the cargo container must be painted to match the building's
color.
4. Cargo containers may not occupy any required off street parking spaces.
5. Cargo containers shall meet all setback requirements for the zone.
6. Outdoor cargo containers may not be stacked.
B. All containers so approved will be considered legal structures and may remain in place so
long as the location and screening are not altered. If an approved cargo container is moved off a
residential zoned property containing a residential use, no new container may be moved onto the
property.
(Ord. 1989 §10, 2002)
c U�
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS the state Growth Management Act (GMA) requires the adoption of
development regulations that protect the functions and values of sensitive areas,
including wetlands, watercourses, fish and wildlife habitat conservation areas, and
areas of potential geological instability; and
WHEREAS RCW 36.70A.172 requires local governments to include the best
available science (BAS) in developing policies and development regulations to
protect the functions and values of sensitive areas, and to give special considerations
to conservation or protection measures necessary to preserve or enhance anadromous
fisheries; and
WHEREAS the City's efforts to accommodate growth and to protect sensitive
areas are guided by Countywide Planning Policies and the Tukwila Comprehensive
Plan as recently updated by Ordinance adopted November 2004; and
WHEREAS the City uses a combination of regulatory and nonregulatory
approaches to protect the functions and values of sensitive areas, including storm
water controls and clearing and grading regulations; and habitat restoration projects,
and public education activities; and
WHEREAS the City participates in the Water Resource Inventory Area 9 planning
process for the Green Duwamish River, which is expected to be completed in 2005,
and will identify specific priorities for habitat investments, monitoring and adaptive
management needs at a watershed scale and will help guide future habitat protection
actions in the urban area; and
WHEREAS the City contracted with professional experts at Adolfson Associates
and Landau Associates to prepare a review of best available science for wetlands,
watercourses and areas of potential geologic instability, which are found as
Attachments A, B and C to this ordinance; and
WHEREAS the Planning Commission and City Council reviewed the BAS studies
prepared by the professional experts along with other BAS material noted in
Attachment D
WHEREAS
WHEREAS
WHEREAS
WHEREAS
WHEREAS
q: \1 -04 SAO Update\SAO Adoption Format.doc
12/1/04
1 of 1
Section 1. Regulations established. Tukwila Municipal Code Chapter 18.45
(Environmentally Sensitive Areas), is hereby established to read as follows:
Sections:
18.45.010 Purpose
18.45.020 Best Available Science
18.45.030 Sensitive Area Applicability, Maps and Inventories
18.45.040 Sensitive Area Special Studies
18.45.050 Interpr etation
18.45.060 Procedures
18.45.070 Sensitive Area Permitt ed Uses
18.45.080 Wetland Designations, Ratings and Buffers
18.45.090 Wetland Uses, Alterati ons and Mitigation
18.45.100 Watercourse Designati ons, Ratings and Buffers
18.45.110 Watercourse Uses, Alt erations and Mitigation
18.45.120 Areas of Potential Geol ogic Instability Designations, Ratings and Buffers
18.45.130 Areas of Potential Geologic Instability Uses Exemptions, Alterations, and
Mitigation
18.45.140 Abandoned Mine Areas
18.45.150 Fish and Wildlife Habitat Conservation Areas Designation, Mapping, Uses
and Standards
18.45.160 Sensitive Area Maste r Plan Overlay
18.45.170 Sensitive Areas Tracts and Easements
18.45.180 Exceptions
18.45.190 Appeals
18.45.200 Recording Required
18.45.210 Assurance Device
18.45.220 Assess ment Relief
18.45.010 Purpose
A. The purpose of TMC Chapter 18.45 is to protect the environment, human life and
property, designate and classify ecologically sensitive areas such as regulated wetlands
and watercourses and geologically hazardous areas and to protect these areas and their
functions and values, 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 to 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 sensitive areas:
1. Minimize developmental impacts on the natural functions and values of these
areas.
WHEREAS
NOW THEREFORE
q: \1 -04 SAO Update\SAO Adoption Format.doc
12/1/04
Chapter 18.45
ENVIRONMENTALLY SENSITIVE 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.
2 of 2
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 sensitive 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 best available science in the regulation and protection
of sensitive areas as required by the state Growth Management Act, according to WAC
365- 195 -900 through 365- 195 -925 and WAC 365- 190 -080.
18.45.020 Best Available Science
A. Policies, regulations and decisions concerning sensitive areas shall rely on Best
Available Science to protect the functions and values 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 sensitive 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 sensitive
areas or replace their functions.
18.45.030 Sensitive 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 sensitive area or a sensitive 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 sensitive area or buffer except as
consistent with the purposes and requirements of TMC Chapter 18.45. The following
are sensitive areas regulated by TMC Chapter 18.45:
1. Abandoned coal mines;
2. Areas of potential geologic instability: Class 2, 3, 4 areas (as defined in the
Definitions chapter of this title and TMC 18.45.120.A);
3. Wetlands;
4. Watercourses;
5. Fish and Wildlife Habitat Conservation Areas.
The Growth Management Act also identifies frequently flooded areas and areas
of seismic instability as critical areas. Regulations governing frequently flooded areas
are found in TMC 16.52, Flood Zone Management. Areas of seismic instability are
defined and regulated through the Washington State Building Code.
B. The City shall not approve any permit or otherwise issue any authorization to alter
the condition of sensitive area land, water or vegetation or to construct or alter any
structure or improvement in, over, or on a sensitive area or its buffer, without first
ensuring compliance with the requirements of TMC Chapter 18.45.
q: \1 -04 SAO Update\SAO Adoption Format.doc
12/1/04
3 of 3
C. Approval of a permit or development proposal pursuant to the provisions of
TMC Chapter 18.45 does not release the applicant from any obligation to comply
with the provisions of TMC Chapter 18.45.
D. When TMC Chapter 18.45 imposes greater restrictions or higher standards upon
the development or use of land than other laws, ordinances or restrictive covenants, the
provisions of TMC Chapter 18.45 shall prevail.
E. It is the obligation of the property owner to comply with all relevant provisions
of this Code.
F. Sensitive Areas Maps and Inventories
1. The distribution of many sensitive areas in Tukwila is displayed on the Sensitive
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.
2. Studies, preliminary inventories and ratings of potential sensitive areas are on
file with DCD.
3. As new environmental information related to sensitive areas becomes
available, the Director is hereby designated to periodically add new information to the
Sensitive Areas Map. Removal of any information from the sensitive area maps must
be approved by the City Council.
4. Regardless of whether a sensitive area is shown on the sensitive areas map,
the actual presence or absence of the features defined in the code as sensitive areas shall
govern. The Director may require the applicant to submit technical information to
indicate whether sensitive areas actually exist on or adjacent to the applicant's site,
based on the definitions of sensitive areas in this code.
5. All revisions, updates and reprinting of sensitive areas maps, inventories,
ratings and buffers shall conform to TMC Chapter 18.45.
18.45.040 Sensitive Areas Special Studies
A. Required An applicant for a development proposal that may include a
sensitive area and /or its buffer shall submit those studies as required by the City and
specified below to adequately identify and evaluate the sensitive area and its buffers.
1. A required sensitive areas study shall be prepared by a person with
experience and training in the scientific discipline appropriate for the relevant sensitive
area 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, engineering,
environmental studies, fisheries, geotechnical or related field, and two years of related
work experience.
a. A qualified professional for Fish and Wildlife Habitat Conservation Areas
or wetlands must have a degree in ecology or related sciences and professional
experience related to the subject species.
b. A qualified professional for wetland sensitive area studies must be a
certified Professional Wetland Scientist or a noncertified professional wetland scientist
with at least two years of full -time work experience as a wetlands professional,
including delineating wetlands using the state or federal manuals, preparing wetland
reports, conducting function 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 means a hydologist, geologist,
engineer or other scientist with experience in preparing watercourse assessments.
q: \1 -04 SAO Update4SA0 Adoption Format.doc
12/1/04
4 of 4
2. The sensitive areas study shall use scientifically valid methods and studies in
the analysis of sensitive area data and shall use field reconnaissance and reference the
source of science used. The sensitive area study shall evaluate the proposal and all
probable impacts to sensitive areas in accordance with the provisions of TMC Chapter
18.45.
B. Wetland and Watercourse Sensitive Area Studies The sensitive 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: sensitive
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 sensitive areas, water bodies, and
buffers adjacent to the proposed project area or potentially impacted by the proposed
project;
5. A statement specifying the accuracy of the study and assumptions used in the
study;
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 sensitive 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 sensitive 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; and
11. Any technical information required by the director to assist in determining
compliance with TMC Chapter 18.45.
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 unless waived pursuant to
TMC 18.45.040.D.
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. 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, 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
q: \1 -04 SAO Update\SAO Adoption Format.doc
12/1/04
5 of 5
appropriate City department. Where appropriate, a geologist must be included as part
of the geotechnical consulting team. The report shall make specific recommendations
concerning development of the site.
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.
D. Sensitive Area Study Modifications to Requirements
1. The Director may limit the required geographic area of the sensitive area
study as appropriate if:
a. The applicant, with assistance from the city, cannot obtain permission to
access properties adjacent to the project area; or
b. The proposed activity will affect only a limited part of the site.
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 sensitive area impacts and required mitigation.
E. Waiver If there is written agreement between the Director and the applicant
concerning the sensitive area classification and type, the Director may waive the
requirement for sensitive area studies provided that no adverse impacts to sensitive
areas or buffers will result. There must be substantial evidence that the sensitive areas
classification is correct, that there will be no detrimental impact to the sensitive areas or
buffers, and that the goals, purposes, objectives and requirements of TMC Chapter 18.45
will be followed.
F. Review of Studies The DCD will review the information submitted in the
sensitive area studies to verify the information, confirm the nature and type of the
sensitive area, and ensure the study is consistent with TMC Chapter 18.45. At the
discretion of the Director, sensitive area studies may undergo per review, at the expense
of the applicant.
18.45.050 Interpretation
The provisions of TMC Chapter 18.45 shall be held to be minimum requirements in
their interpretation and application and shall be liberally construed to serve the
purposes of TMC Chapter 18.45.
18.45.060 Procedures
When an applicant submits an application for any building permit, subdivision,
short subdivision or any other land use review which approves a use, development or
future construction, the location and dimensions of all sensitive areas and buffers on the
site shall be indicated on the plans submitted. When a sensitive area is identified, the
following procedures apply. The Director may waive item numbers 1, 2, 4 and 5 of the
following if the size and complexity of the project does not warrant that step in the
procedures and the Director grants a waiver pursuant to TMC 18.45.040 D.
1. Sensitive areas study and geotechnical report.
a. The applicant shall submit the relevant study as required in TMC
21.04.140 and TMC Chapter 18.45.
b. It is intended that sensitive areas studies and information be utilized by
applicants in preparation of their proposals and therefore shall be undertaken early in
the design stages of a project.
q: \1 -04 SAO Update \SAO Adoption Format.doc
12/1/04
6 of 6
2. Planned residential development permit Any new residential subdivision
or multiple family residential proposal that includes a wetland or watercourse or its
buffer on the site may apply for a planned residential development permit and meet the
requirements of the Planned Residential Development District chapter of this title.
3. Denial of use or development A use or development will be denied if the
Director determines that the applicant cannot ensure that potential dangers and costs to
future inhabitants of the development, adjacent properties, and Tukwila are minimized
and mitigated to an acceptable level.
4. Preconstruction meeting The applicant, specialist(s) of record, contractor,
and department representatives will be required to attend pre construction meetings
prior to any work on the site.
5. Construction monitoring The specialist(s) of record shall be retained to
monitor the site during construction.
6. On -site Identification The Director may require the boundary between a
sensitive area and its buffer and any development or use to be permanently identified
with fencing, or with a wood or metal sign with treated wood, concrete or metal posts.
Size will be determined at the time of permitting, and wording shall be as follows:
"Protection of this natural area is in your care. Alteration or disturbance is
prohibited pursuant to TMC Chapter 18.45. Please call the City of Tukwila for more
information."
18.45.070 Sensitive Area Permitted Uses
A. General Uses The uses set forth in this entire section, including subsections A.
through D, and the following general uses, may be located within a sensitive area or
buffer, subject to the provisions of TMC 21.04 and of the mitigation requirements of
TMC Chapter 18.45:
1. Maintenance and repair of existing uses and facilities provided no alteration
or additional fill materials will be placed or heavy construction equipment used in the
sensitive area or buffer;
2. Nondestructive education and research;
3. Passive recreation and open space;
4. Maintenance and repair of essential streets, roads, rights -of -way, or utilities;
5. Actions to remedy the effects of emergencies that threaten the public health,
safety or welfare.
6. Maintenance activities of existing landscaping and gardens in a sensitive area
buffer including but not limited to mowing lawns, weeding, harvesting and replanting
of garden crops and pruning and planting of vegetation.
B. Permitted Uses Subject To Administrative Review The following uses may be
permitted only after administrative review and approval 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;
2. Construction of new essential streets and roads, rights -of -way and utilities;
3. New surface water discharges to sensitive 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 173.201 as amended, and does not adversely affect water
level fluctuations in the wetland or adversely affect watercourse habitat and
watercourse flow conditions relative to the existing rate;
4. Regional storm water detention areas may be allowed in a Type 3 wetland,
Type 3 or 4 watercourse and or their buffers per the standards of 18.45.090 and
q:11 -04 SAO Update\SAO Adoption Format.doc
12/1/04
7 of 7
18.45.110. Design shall be subject to the standards of this section and other applicable
City standards, including mitigation. Type 1 wetlands and Type 1 and 2 watercourses
shall not be used for regional storm water detention;
5. Enhancement or other mitigation including landscaping with native plants.
6. Essential Utilities
a. Essential utilities must be constructed to minimize, or where possible
avoid, disturbance of the sensitive area and its buffer.
b. All construction must be designed to protect the sensitive 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.
c. Upon completion of installation of essential utilities, sensitive areas and
their buffers must be restored to pre project configuration, replanted as required and
provided with maintenance care until newly planted vegetation is established.
d. All crossings must be designed for shared facilities in order to minimize
adverse impacts and reduce the number of crossings.
7. Essential Streets, Roads and Rights -of -Way
a. Essential streets, roads and rights -of -way must be designed and
maintained to prevent erosion and avoid restricting the natural movement of
groundwater.
b. Essential streets, roads and rights -of -way must be 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. Essential streets, roads and rights -of -way must be 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.
d. Upon completion of construction, the area affected must be restored to an
appropriate grade, replanted according to a plan approved by the Director, and
provided with care until newly planted vegetation is established.
8. Public Use and Access
a. Public access shall be limited to trails, boardwalks, covered or uncovered
and must be located in areas that have the
viewing and seating areas, and displays d t b e
e e
g g s a P Y
lowest sensitivity to human disturbance or alteration.
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.
c. No motorized vehicle is allowed within a sensitive area or its buffer
except as required for necessary maintenance, agricultural management or security.
d. Any public access or interpretive displays developed along a sensitive
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 sensitive areas and their buffers by limiting
access to designated public use or interpretive areas.
f. Access trails must incorporate design features and materials that protect
water quality and allow adequate surface water and groundwater movement.
g. Access trails must be located where they do not disturb nesting, breeding
and rearin g areas and must be designed so that sensitive plant and critical wildlife
species are protected.
q: \1 -04 SAO Update\SAO Adoption Format.doc
12/1/04
8 of 8
9. Dredging, Digging or Filling
a. Dredging, digging or filling within a sensitive area or its buffer may occur
only with the permission of the Director and only for the following purposes:
(a.) Uses permitted by TMC 18.45.080, 18.45.090, 18.45.110, 18.45.130;
(b.) Maintenance of an existing watercourse;
(c.) Enhancement or restoration of habitat in conformance with an
approved mitigation plan identified in a sensitive area study;
(d.) Natural system interpretation, education or research when
undertaken by, or in cooperation with, the City;
(e.) Flood control or water quality enhancement by the City;
(f.) Maintenance of existing water quality controls, for normal
maintenance needs and for any diversion, rerouting, piping or other alteration
permitted by TMC Chapter 18.45;
(g.) Filling of abandoned mines.
b. Any dredging, digging or filling shall be performed in a manner that will
minimize sedimentation in the water. Every effort will be made to perform such work
at the time of year when the impact can be lessened.
c. Upon completion of construction, the area affected must be restored to an
appropriate grade, replanted according to a plan approved by the Director, and
provided with care until newly planted vegetation is established.
C. Permitted Uses Subject to Exception Approval Other uses may be permitted
upon receiving a reasonable use exception pursuant to TMC 18.45.180. A use permitted
through a reasonable use exception shall conform to the procedures of TMC Chapter
18.45 and be consistent with the underlying zoning.
D. Uses allowed under a Sensitive Area Master Plan prepared and approved under
the provisions of TMC 18.45.160.
18.45.080 Wetlands Designations, Ratings and Buffers
A. Wetland Designations. For the purposes of TMC Chapter 18.45, "wetlands" and
"regulated wetlands" are defined in the Definitions chapter of this title. A wetland
boundary is the line delineating the outer edge of a wetland established by using the
Washington State Wetland and Delineation Manual, as required by RCW 36.70A.175
(Ecology Publication #96 -94) and consistent with the 1987 Corps of Engineers Wetland
Delineation Manual.
For the purposes of this section, the U.S. Fish and Wildlife Service's
"Classification of Wetlands and Deepwater Habitats of the United States FWS /OBS-
79/31" (Cowardin et al., 1979), contains the descriptions of wetland classes and
subclasses.
Wetland areas within the City of Tukwila have certain characteristics, functions
and values and have been influenced by urbanization and related disturbances.
Wetland functions include, but are not limited to the following:
1. Improving water quality;
2. Maintaining hydrologic functions (reducing peak flows, decreasing erosion,
groundwater); and
3. Providing habitat for plants, mammals, fish, birds, and amphibians.
B. Wetland Ratings. Wetlands shall be designated Type 1, Type 2 or type 3 as listed
below:
1. Type 1 wetlands are those wetlands that meet any of the following criteria:
q: \1 -04 SAO Update\SAO Adoption Format.doc
12/1/04
9 of 9
a. The wetland is characterized by the presence of species listed by the
federal government or State as endangered or threatened, or the presence of critical or
outstanding habitat for those species;
b. The wetland has 40 -60% permanent open water in dispersed patches with
two or more classes of vegetation;
c. The wetland is equal to or greater than five acres in size and has three or
more wetland classes, one of which may be substituted by permanent or open water; or
d. The wetland is documented as regionally significant waterfowl or
shorebird areas by the State Department of Fish and Wildlife.
2. Type 2 wetlands are those wetlands that meet any of the following criteria:
a. The wetland is equal to or greater than one acre in size;
b. The wetland has three or more wetland classes and is less than 5 acres;
c. The wetland is characterized by the presence of nesting sites for priority
species as listed by the Washington State Department of Fish and Wildlife; or
d. The wetland is hydrologically connected (non isolated) to a Type 1 or
Type 2 watercourse.
3. Type 3 wetlands are those wetlands that are greater than 1,000 sq. ft. and less
than one acre in size with two or fewer wetland classes.
C. Wetland Buffers A buffer area shall be established adjacent to designated
wetland areas. The purpose of the buffer area shall be to protect the integrity, functions
and values 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 toallow 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 sensitive area from human and domestic animal disturbances.
An undisturbed sensitive area or buffer may substitute for the yard setback and
landscape requirements of the TMC 18.50 and 18.52.
D. Special Buffer Studies Applicants for a use or development within a wetland or
its buffer shall be required to conduct a sensitive area study to provide a buffer analysis
for the sensitive area. This study may be waived by the Director pursuant to TMC
18.45.040 D.
E. Wetland Buffer Widths The following standard buffers shall be established
from the wetland edge:
1. Type 1 Wetland, 100 foot buffer.
2. Type 2 Wetland, 80 -foot buffer.
3. Type 3 Wetland, 50 -foot buffer.
q: \1 -04 SAO Update\SAO Adoption Format.doc
12/1/04
10 of 10
F. Buffer Setbacks
1. All commercial and industrial buildings shall be set back 15 feet and all other
development shall be set back ten 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 (see Figure 18 -2).
G. Variation of Standard Wetland Buffer Width
1. The Director may reduce the standard wetland buffers on a case -by -case
basis, provided the reduced buffer area does not contain slopes 15% or greater. The
approved buffer width shall not result in greater than a 50% reduction in width.
2. Buffer reduction with enhancement may be allowed by the Director as a Type
2 permit if:
a. Additional protection to wetlands will be provided through the
implementation of a buffer enhancement plan;
b. The existing condition of the buffer is degraded;
c. Buffer enhancement includes, but is not limited to the following:
(1) Planting vegetation that would increase value for fish and wildlife
habitat or improve water quality;
(2) Enhancement of wildlife habitat by incorporating structures that are
likely to be used by wildlife, including wood duck boxes, bat boxes, snags,
rootwads/ stumps, birdhouses and heron nesting areas; or
(3) Removing non -native plat species and noxious weeds from the buffer
area and replanting the area subject to 2.c.(1) above.
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 specialist 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 habitat for endangered, threatened, sensitive or monitor
species listed by the federal government or the State.
4. Every reasonable effort shall be made to maintain the existing viable native
plant life in the buffers. 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 disturbance of the
buffers for wetlands shall be replanted with a diverse plant community of native
northwest species that are appropriate for the specific site as determined" by the
Director.
If the vegetation must be removed, or because of the alterations of the
landscape the vegetation becomes damaged or dies, then the applicant for a permit
must replace existing vegetation along wetlands with comparable specimens, approved
by the Director, which will restore buffer functions within five years.
5. The Director shall require subsequent corrective actions and long -term
monitoring of the project if adverse impacts to regulated wetlands or their buffers are
identified.
q: \1 -04 SAO Update\SAO Adoption Format.doc
12/1/04
11 of 11
18.45.090 Wetlands Uses, Alterations and Mitigation
A. No use or development may occur in a Type 1, Type 2 or Type 3 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
or enhancement plan must be developed and must comply with the standards of
mitigation required in TMC Chapter 18.45.
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 will not adversely affect water quality;
b. The alteration will not adversely affect fish, wildlife, or their habitat;
c. The alteration will not have an adverse effect on drainage and /or storm
water detention capabilities;
d. The alteration will not lead to unstable earth conditions or create an
erosion hazard or contribute to scouring actions;
e. The alteration will not be materially detrimental to any other property;
and
f. The alteration will not have adverse effects on any other sensitive areas.
2. Alterations are not permitted to Type 1 wetlands unless specifically exempted
under the provisions of TMC Chapter 18.45.
3. Alterations to Type 2 wetlands are prohibited except where the location or
configuration of the wetland provides practical difficulties that can be resolved by
modifying up to .10 (one tenth) of an acre of wetland. Mitigation for any alteration to a
Type 2 wetland must be provided at a ratio of 1.5:1 for creation or restoration and 3:1
for enhancement and must be located contiguous to the altered wetland.
4. Isolated Type 3 wetlands may be altered or relocated only with the
permission of the Director. A mitigation or enhancement plan must be developed and
must comply with the standards of mitigation required in TMC Chapter 18.45.
5. Mitigation plans shall be completed for any proposals for dredging, filling,
alterations and relocation of wetland habitat allowed in TMC Chapter 18.45.
6. Isolated wetlands formed on fill material in highly disturbed environmental
conditions and assessed as having low overall wetland functions may be altered and /or
relocated under TMC Chapter 18.45. These wetlands may include artificial hydrology
or wetlands unintentionally created as the result of construction activities. The
determination that a wetland is isolated is made through the Type 2 permit process. A
mitigation or enhancement plan must be developed and must comply with the
standards of mitigation required in TMC Chapter 18.45.
C. Mitigation Sequencing. Applicants shall demonstrate that reasonable efforts
have been examined with the intent to avoid and minimize impacts to wetlands and
wetland buffers. When an alteration to a wetland or its required buffer is proposed,
such alteration shall be avoided, minimized or compensated for in the following order
of preference:
1. Avoidance of wetland and wetland buffer impacts, whether by finding
another site or changing the location of the proposed activity on -site;
2. Minimizing wetland and wetland buffer impacts by limiting the degree of
impact on site;
q:11 -04 SAO Update\SAO Adoption Format.doc
12/1/04
12 of 12
3. Mitigation actions that require compensation by replacing, enhancing, or
substitution shall occur in the following order of preference:
a. restoring wetlands on upland sites that were formerly wetlands;
b. enhancing significantly degraded wetlands;
c. creating wetlands on disturbed upland sites such as those with vegetative
cover consisting primarily of exotic introduced species or noxious weeds.
D. Mitigation Plans.
1. The mitigation plan shall be developed as part of a sensitive area study by a
specialist approved by the Director. 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 follow the performance standards of TMC Chapter 18.45 and show how
water quality, wildlife and fish habitat, and general wetland quality would be
improved.
2. In order to achieve the City's goal of no net loss of wetland functions and
acreage, alteration of wetlands will require the applicant to provide a restoration or
creation plan to compensate for the impacts to the wetland and will compensate at a
ratio of 1.5 to 1.
3. Impacts to wetlands may be mitigated by enhancement of existing
significantly degraded wetlands, however, in order to achieve the City's goal of no net
loss of wetland functions and acreage, mitigation through enhancement must be
compensated at a ratio of 3:1. Applicants proposing to enhance wetlands must produce
a sensitive area study that identifies how enhancement will increase the functions of the
degraded wetland and how this increase will adequately mitigate for the loss of
wetland area and function at the impact site. An enhancement proposal must also show
whether existing wetland functions will be reduced by the enhancement actions.
E. Mitigation Location.
1. On -site mitigation shall be provided, except where the applicant can
demonstrate that:
(a) On -site 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 functional values created at the site of the proposed restoration
are significantly greater than lost wetland functional values; or
(d) That established regional goals for flood storage, flood conveyance,
habitat or other wetland functions have been established and strongly justify location of
mitigation at another site.
2. Off -site mitigation shall occur within the same watershed where the wetland
loss occurred.
3. Mitigation sites located within the Tukwila city limits are preferred.
However, the Director may approve 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.
4. In selecting mitigation sites, applicants shall pursue siting in the following
order of preference:
(a) Upland sites that were formerly wetlands;
q: \1 -04 SAO Update\SAO Adoption Format.doc
12/1/04
13 of 13
(b) Idled upland sites generally having bare ground or vegetative cover
consisting primarily of exotic introduced species, weeds or emergent vegetation;
(c) Other disturbed upland;
(d) Existing degraded wetland.
F. Mitigation Standards. The scope and content of a mitigation plan shall be
decided on a case -by -case basis. As the impacts to the sensitive area increase, the
mitigation measures to offset these impacts will increase in number and complexity.
The components of a complete wetlands mitigation plan are as follows:
1. 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;
2. 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;
3. 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;
4. A 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;
5. Monitoring and or evaluation program that outlines the approach for
assessing a completed project. 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;
6. 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;
7. Performance security or other assurance devices as described in TMC
18.45.210.
G. 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- vegation 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.
H. Permitted Uses Subject to Exception Approval. Other uses may be permitted
upon receiving a reasonable use exception pursuant to TMC 18.45.180. A use permitted
through a reasonable use exception shall conform to the procedures of TMC Chapter
18.45 and be consistent with the underlying zoning.
18.45.100 Watercourse Designations, Ratings and Buffers
A. Watercourse Ratings: Watercourse ratings are based on the existing habitat
functions and are rated as follows:
q: \1 -04 SAO Update\SAO Adoption Format.doc
12/1/04
14 of 14
1. Type 1 Watercourse: Watercourses inventoried as Shorelines of the State,
under RCW 90.58. These watercourses shall be regulated under TMC 18.44, Shoreline
Overlay.
2. Type 2 Watercourse: Those watercourses that have perennial (year- round) or
intermittent flows and support salmonid fish use.
3. Type 3 Watercourse: Those watercourses that have perennial flows and are
not used by salmonid fish.
4. Type 4 Watercourse: Those watercourses that have intermittent flows and are
not used by salmonid fish.
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
10. Protect the sensitive area from human and domestic animal disturbance.
An undisturbed sensitive area or buffer may substitute for the yard setback and
landscape requirements of TMC 18.50 and 18.52.
C. Special Buffer Studies Applicants for a use or development within a
watercourse or its buffer shall be required to conduct a sensitive area study to provide a
buffer analysis for the sensitive area. This study may be waived by the Director
pursuant to TMC 18.45.040 E.
D. Watercourse Buffer Widths the following buffer widths apply to each side of a
watercourses:
1. Type 1 Watercourse: Regulated under TMC 18.44, Shoreline Overlay.
2. Type 2 Watercourse: 100 foot -wide buffer.
3. Type 3 Watercourse: 80- foot -wide buffer.
4. Type 4 Watercourse: 50- foot -wide buffer.
E. Buffer Setbacks
1. All commercial and industrial buildings shall be setback 15 feet and all other
development shall be setback ten 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 (see Figure 18 -2).
q: \1 -04 SAO Update\SAO Adoption Format.doc
12/1/04
15of15
F. Variation of Standard Watercourse Buffer Width.
1. The Director may reduce the standard watercourse buffers on a case -by -case
basis, provided the buffer does not contain slopes 15% or greater. The approved buffer
width shall not result in greater than a 50% reduction in width. 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 watercourses, and that:
(a) The buffer is vegetated and includes an enhancement plan as may be
required to improve the buffer function and value; or
(b) If there is no significant vegetation in the buffer, a buffer may be reduced
only if an enhancement plan is provided. The plan must include using a variety of
native vegetation that improves the functional attributes of the buffer and provides
additional protection for the watercourse functions and values.
2. Buffers for all types of watercourses will be increased when they are deter-
mined 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 specialist 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.
3. Every reasonable effort shall be made to maintain the existing viable plant life
in the buffers. Vegetation may be removed from the buffer as part of an enhancement
plan approved by the Director. Enhancements will ensure that slope stability and
watercourse quality will be maintained or improved. Any disturbance of the buffers for
watercourses shall be replanted with a diverse plant community of native northwest
species that are appropriate for the specific site as determined by the Director.
If the vegetation must be removed, or because of the alterations of the
landscape the vegetation becomes damaged or dies, then the applicant for a permit
must replace existing vegetation along watercourses with comparable specimens,
approved by the Director, that will restore buffer functions within five years.
4. The Director shall require subsequent corrective actions and long -term
monitoring of the project if adverse impacts to regulated watercourses or their buffers
are identified.
18.45.110 Watercourse Uses, Alterations and Mitigation
A. General Permitted Uses
1. The uses set forth in this entire section, including subsections A through G.
and Section 18.45.070 may be located within a watercourse or its buffer, subject to the
provisions of TMC 21.04 and of TMC Chapter 18.45.
2. No use or development may occur in a watercourse or its buffer except as
specifically allowed by TMC Chapter 18.45. Any use or development allowed is subject
to the standards of TMC Chapter 18.45.
B. Alterations.
1. Diverting or rerouting may only occur with the permission of the Director
and an approved mitigation plan.
2. Any watercourse that has critical wildlife habitat, or is necessary for the life
cycle or spawning of salmonids, shall not be rerouted unless it can be shown that the
habitat will be improved for the benefit of the species.
q: \1 -04 SAO Update\SAO Adoption Format.doc
12/1/04
16 of 16
3. A watercourse may be rerouted or daylighted as a mitigation measure to
improve watercourse function.
C. Piping. Piping of any watercourse should be avoided. Relocation of a
watercourse is preferred to piping; if piping occurs in a watercourse sensitive area, it
shall be limited and shall require approval of the Director.
1. Piping of Type 1 watercourses shall not be permitted.
2. Piping may be allowed in Type 2, 3 or 4 watercourses if it is necessary for
access purposes.
3. Piping may be allowed in Type 4 watercourses if the watercourse has a
degraded buffer, is located in a highly developed area and does not provide shade,
temperature control etc. for habitat. The applicant must comply with the conditions of
this section, including:
a. Providing excess capacity to meet needs of the system during a 100-year
flood event; and
b. Providing flow restrictors, and complying with water quality and existing
habitat-enhancement procedures.
4. No process that requires maintenance on a regular basis will be acceptable
unless this maintenance process is part of the regular and normal facilities maintenance
process or unless the applicant can show funding for this maintenance is ensured for as
long as the use remains.
5. Piping projects shall be performed pursuant to the following applicable
standards:
a. The conveyance system shall be designed to comply with the standards in
current use and recommended by the Department of Public Works.
b. Where allowed, piping shall be limited to the shortest length possible as
determined by the. Director to allow access onto a property.
c. 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.
d. When required by the Director, watercourses under drivable surfaces shall
be contained in an arch culvert using oversize or superspan culverts for rebuilding of a
stream bed. These shall be provided with check dams to reduce flows, and shall be
replanted and enhanced according to a plan approved by the Director.
e. All watercourse crossing shall be designed to accommodate fish passage.
Watercourse crossings shall not block fish passage where the streams are fish bearing.
f. Storm water runoff shall be detained and infiltrated to preserve the
watercourse channel's dominant discharge,
g. All construction shall be designed to have the least adverse impact on the
watercourse, buffer and surrounding environment,
h. Piping shall be constructed during periods of low flow, or as specified by
the State Department of Fish and Wildlife.
i. 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.
D. Permitted Uses Subject to Exception Approval -- Other uses may be permitted
upon receiving a reasonable use exception pursuant to TMC 18.45.180. A use permitted
through a reasonable use exception shall conform to the procedures of TMC Chapter
18.45 and be consistent with the underlying zoning.
E. Mitigation -- All impacts to a watercourse that degrade the functions and values
of the watercourse shall be avoided. If alteration to the watercourse is unavoidable, all
adverse impacts to the watercourse and its buffer resulting from a development
17 of 17
q:\1-04 SAO Update\SAO Adoption Format.doc
12/1104
proposal or alteration shall be mitigated in accordance with an approved mitigation
plan as described below.
1. Plans. Mitigation plans shall be completed for any proposals of dredging,
filling, diverting, piping and rerouting of watercourses.
2. Plan Contents -- The mitigation plan shall be developed as part of a sensitive
area study by a specialist approved by the Director. The plan must show how water
quality, treatment, erosion control, pollution reduction, wildlife and fish habitat, and
general watercourse quality would be maintained or improved. All such plans must be
approved by the Director.
3. Mitigation Standards -- The scope and content of a mitigation plan shall be
decided on a case-by-case basis, As the impacts to the sensitive area increase, the
mitigation measures to offset these impacts will increase in number and complexity.
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. The following shall be
considered the minimum performance standards for approved stream alterations:
(1) Maintenance or improvement of stream channel habitat and
dimensions such that the fisheries habitat functions of the compensatory stream reach
meet or exceed that of the original stream;
(2) Bank and buffer configuration should be restored to an equal or
enhanced state of the original stream,
(3) The channel, bank and buffer areas shall be replanted with native
vegetation which restores or improves the original in species, sizes and densities,
(4) The stream channel bed and the biofiltration systems shall be
equivalent to or better than in the original stream,
(5) The original fish and wildlife habitat shall be maintained or
enhanced, and
(6) Relocation of a watercourse shall not result in the new sensitive area
or buffer extending beyond the development site and onto adjacent property without
the agreement of the affected property owners.
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. 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;
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
18.45.210.
18 of 18
q:\1-04 SAO Update\SAO Adoption Format.doc
1211/04
F. Mitigation Timing - DCD-approved plans must have the mitigation construction
completed before the existing watercourse can be modified. The Director may allow
activities that pc:uuanently 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.
G. Permitted Uses Subject to Exception Approval -- Other uses may be permitted
upon receiving a reasonable use exception pursuant to TMC 18.45.180. A use permitted
through a reasonable use exception shall conform to the procedures of TMC Chapter
18.45 and be consistent with the underlying zoning,
18.45.120 Areas of Potential Geologic Instability Designation, Rating and Buffers
A. Designation. Areas of potential geologic instability are classified as follows:
1. Class 1 areas, where landslide potential is low, and which slope is less than
15%;
2. Class 2 areas, where landslide potential is moderate, which slope is between
15% and 40%, and which are underlain by relatively permeable soils;
3. Class 3 areas, where landslide potential is high, 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, where landslide potential is very high, which include sloping
areas with mappable zones of groundwater seepage, and which also include existing
mappable landslide deposits regardless of slope;
B. Buffers -- Buffers for areas of potential geologic instability are intended to:
1. Minimize long-term impacts of development on properties containing
sensitive areas;
2. Protect sensitive 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
storm water runoff; and
6. Reduce loss of or damage to property.
An undisturbed sensitive area or buffer may substitute for the yard setback and
landscape requirements of TMC 18.50 and 18.52.
C. 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 18.45.040 Band 18.45.060. 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 TMC Chapter 18.45,
Development proposals shall then include the buffer distances as defined within the
geotechnical report.
D. 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 geotechnical engineer
and by a site visit.
19 of 19
q:\1-04 SAO Update\SAO Adoption Format.doc
12/1104
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.
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;
2. Slopes related to materials used as an engineered pre-load for a building pad;
3. Any temporary slope that has been created through legal grading activities
under an approved permit may be regraded without application of TMC Chapter 18.45
under an approved permit;
4. Roadway embankments within right-of-way or road easements; and
5. 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 tree replanting with an equal
mix of evergreen and deciduous trees, preferably native, and approved by the Director.
Replacement vegetation shall be sufficient to provide erosion and stabilization
protection.
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 which 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 engmeer
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
200f20
q:\1-04 SAO Update\SAO Adoption Format.doc
12/1/04
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 Sensitive 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 Elections 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 18.45:210.
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 recom-
mendations 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.
18.45.140 Abandoned Mine 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
21 of 21
q:\1-04 SAO Update\SAO Adoption Format.doc
12/1104
mine workings can be eliminated or mitigated so that the site is safe. Approval shall be
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 Sensitive 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 Elections at the
expense of the applicant or owner. A copy of the recorded covenant will be forwarded
to the owner.
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:
1. Areas with which endangered, threatened, and sensitive species have a
primary association;
2. Habitats and species of local importance, including but not limited to bald
eagle habitat, heron rookeries;
3. Commercial and recreational shellfish areas;
4. Kelp and eelgrass beds;
5. Mudflats and marshes;
6. Naturally occurring ponds under 20 acres and their submerged aquatic beds
that provide fish or wildlife habitat;
7. Waters of the State;
8. State natural area preserves and natural resource conservation areas; and
9. Areas critical for habitat connectivity.
B. Mapping.
1. The approximate location and extent of known fish and wildlife habitat
conservation areas are identified by the City's Sensitive Areas Maps, inventories, open
space zones, and Natural Environment Background Report. The City designates 1, 2, 5,
6, 7, and 9 above as known fish and wildlife habitats within its current limits.
2. Fish and wildlife habitat conservation areas correlate closely with the areas
identified as regulated watercourses and wetlands and their buffers in Tukwila. The
Green/ Duwamish River is recognized as the most significant fish and wildlife habitat
corridor. In addition to the Sensitive 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
Species Maps;
b. Anadromous and resident salmonid distribution maps contained in the
Habitat Limiting Factors reports published by the Washington Conservation
Commission; and
c. Washington State Digital Coastal and Coastal Zone Management
Program.
C. Uses and Standards. Fish and wildlife habitat conservation areas will be
regulated through TMC 18,44, Shoreline Overlay District and the regulations in TMC
Chapter 18.45 related to wetlands and watercourses.
22 of 22
q:\l-04 SAO Update\SAO Adoption Format.doc
12/1/04
18.45.160 Sensitive Area Master Plan Overlay
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,
A. The City Council may designate certain areas as Sensitive Area Master Plan
Overlay districts for the purpose of allowing and encouraging a comprehensive
approach to sensitive area protection, restoration, enhancement and creation in
appropriate circumstances utilizing best available science. Designation of Sensitive
Area Master Plan Overlay districts shall occur through the Type 5 decision process
established by TMC 18.104.
B. Criteria for designating a Sensitive Area Master Plan Overlay district shall be as
follows:
1. The overlay area shall be at least 10 acres.
2. The City Council shall find that preparation and implementation of a
Sensitive Area Master Plan is likely to result in net improvements in sensitive area
functions and values when compared to development under the general provisions of
TMC Chapter 18.45.
C. Within a Sensitive Area Master Plan Overlay district, only those uses permitted
under TMC 18.45.070, 18.45.090 and 18.45.110 shall be allowed within a Type 1 wetland,
a Type 1 watercourse, or their buffers,
D. Within a Sensitive Area Master Plan Overlay district, the uses permitted under
TMC 18.45.070, 18.45.090 and 18,45.110 and other uses as identified by an approved
Sensitive Area Master Plan shall be permitted within Type 2 and Type 3 wetlands and
their buffers; and within Type 2, 3 and 4 watercourses and their buffers, provided that
such uses are allowed by the underlying zoning designation,
E. A Sensitive 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 Sensitive Area Overlay District for the purpose
of allowing and encouraging a comprehensive approach to sensitive 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.
F. The Director shall consider the following factors when determining whether a
proposed Sensitive Areas Overlay and Master Plan results in an overall net benefit to
the environment and is consistent with best available science:
a. Whether the Master Plan is consistent with the goals and policies of the
Natural Environment Element of the Tukwila Comprehensive Plan.
b. Whether the Master Plan is consistent with the purposes of TMC Chapter
18.45 as stated in TMC 18.45.010;
c. Whether the Master Plan includes a Mitigation Plan that incorporates
stream or wetland restoration, enhancement or creation meeting or exceeding the
requirements of TMC 18.45.090 D. and/ or TMC 18.45.110 D., as appropriate,
d. Whether proposed alterations or modifications to sensitive areas and their
buffers and/ or alternative mitigation results in an overall net benefit to the natural
environment and improves sensitive area functions and values;
e. Whether the Mitigation Plan gives special consideration to conservation
and protection measures necessary to preserve or enhance anadromous fisheries; and
f. 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 sensitive areas could be achieved at an
alternative location within the same watershed.
g. Where feasible, mitigation shall occur prior to grading, filling or relocation
of wetlands or watercourses.
h. 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
230f23
q:\1-04 SAO Update\SAO Adoption Format.doc
12/1104
source of input to be utilized by the Director in making a final decision on the proposed
action.
G. A Sensitive 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 (BIS)
under the requirements of TMC 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 Sensitive 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.
18.45.170 Sensitive Areas 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 sensitive 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 18.45.170A, on parcels containing sensitive areas or their buffers, may elect to
establish a sensitive areas tract or easement which shall be:
1. If under one ownership, owned and maintained by the ownership;
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 title or plat that sensitive area tracts or easements
shall remain undeveloped in perpetuity.
18.45.180 Exceptions
A. Wetlands 1,000 sq. ft. and less that do not meet any of the criteria of TMC
18.45.090.B are exempt from the requirements of TMC Chapter 18.45.
B. Reasonable Use Exceptions.
1. If application of TMC Chapter 18.45 would deny all reasonable use of the
property containing wetlands, watercourses 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 4 decision and
shall be processed pursuant to TMC 18,104.
3. If the applicant demonstrates to the satisfaction of the Planning Commission
that application of the provisions of TMC Chapter 18.45 would deny all reasonable use
of the property, development may be allowed which is consistent with the general
purposes of TMC Chapter 18.45 and the public interest.
4, The Commission, 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 sensitive area;
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;
24 of24
q:\1-04 SAO Update\SAO Adoption Format.doc
12/1104
e. Disturbance of sensitive areas has been minimized by locating any
necessary alterations in the buffers to the greatest extent possible;
f. 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 the sensitive areas ordinance number 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 sensitive areas ordinance provisions that prevents or interferes with the reasonable
use of the property; or
(3) a violation of the sensitive areas ordinance;
g. The Commission, when approving a reasonable use exception, may
impose conditions, induding but not limited to a requirement for submission and
implementation of an approved mitigation plan designed to assure that the
development:
(1) complies with the standards and policies of the sensitive areas
ordinance to the extent feasible; and
(2) does not create a risk of damage to other property or to the public
health, safety and welfare; and
h. 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. Any alteration undertaken as an emergency shall be reported within
one business day to the Depa.l ~Hlent of Community Development. 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 sensitive 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 8.45 shall apply,
18.45.190 Appeals
A. Any appeal of a final decision of DCD made pursuant to TMC Chapter 18.45
shall be an appeal of the underlying permit or approval and shall be taken to the
Planning Commission. Any such appeal shall be processed pursuant to TMC 18.108.020
and TMC 18.116.
B. In considering appeals of decisions or conditions, the following shall be
considered:
1. The intent and purposes of the sensitive areas ordinance;
2. Technical information and reports considered by the DCD; and
3. Findings of the Director, which shall be given substantial weight.
18.45.200 Recording Required
The property owner receiving approval of a use or development 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 18.45.080, 18.45.DD, 18.45.100, 18.45.120 18.45.140 and 18,45.150
with the King County Division of Records and Elections. 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 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.
25 of 25
q:\1-04 SAO Update\SAO Adoption Format.doc
12/1/04
18.45.210 Assurance Device
A. In appropriate circumstances, 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.
B. When alteration of a sensitive area is approved, the Director may require an
assurance device, on a form approved by the City Attorney, to cover the monitoring
costs and correction of possible deficiencies. Monitoring of buffer alterations shall be
required for three to five years. All other alterations shall be monitored for five years.
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
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.
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.
18.45.220 Assessment Relief
A. Fair Market Value -- The King County Assessor considers sensitive area
regulations in determining the fair market value of land under RCW 84.34.
B. Current Use Assessment. Established sensitive area tracts or easements, as
defined in the Definitions chapter of this title and provided for in TMC 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 set-
back or lot size adjustments as provided in the Planned Residential Development
District chapter of this title.
C. Special Assessments. Landowners who qualify under TMC 18.45.220B shall also
be exempted from special assessments on the sensitive area tract or easement to defray
the cost of municipal improvements such as sanitary sewers, storm sewers and water
maIns.
Section 2. Repealer. Ordinance No.
is hereby repealed.
Section 3. 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 4. 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 five days
after passage 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 , 2004.
ATTEST! AUTHENTICAlbU:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Published:
260f26
q:\l-04 SAO Update\SAO Adoption Format.doc
12/1104
Office of the City Attorney
Effective Date:
Ordinance Number:
270f27
q:\1-04 SAO Update\SAO Adoption Fonnat.doc
12/1104