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HomeMy WebLinkAboutSpecial 2009-06-08 Item 3F - Designate Sensitive Area Master Plan Overlay District to Tukwila South Project Boundaries COUNCIL AGENDA SYNOPSIS �1La w w 4 Initials ITEMNO. 4 i I lleetin Date Prepared by tlla or''s review I Council reciesr 4- 7-' 1 0 1 05/26/09 1 LV 1 e-' 1 r 1 S 'E 4 1 06/01/09 1 LV 1 A� 1 171, :1/1 1 06/0009 I LV I I a 49v 1 r. 290E I I 1 u ITEM INFORMATION CAS NUMBER: 09-071 I ORIGINAL. AGENDA DATE: MAY 26, 2009 AGI:ND.\ I'rI:MTrrl.l:. Apply the designation of "Sensitive Area Master Plan Overlay District" to Tukwila South Project property boundaries as one of the decisions made by Council as part of its review of the Tukwila South Project C.vi'I :G()RY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other 6/8 0 9 109 illtg Date 5/26/09 Aftg Date Date tilt; Date 0 01 Alt; !llt; Date Alts Date 5/26/09 ditg Date 1SPONSOR Council Mayor Adni Svcs DCD Finance Fire Legal P&R Police PLY/ SP( SOR'S Per TMC 18.45.160, City Council may designate certain areas as Sensitive Area Master Plan SLIM. \RY Overlay districts for the purpose of encouraging a comprehensive approach to sensitive area protection, restoration, enhancement and creation. Designation of Sensitive Area Master Plan Overlay districts occur through the Type 5 (City Council, after an open record public hearing) decision process (TMC 18.104). A public hearing (Quasi Judicial) is scheduled for May 26. RI: vII•: \VI.D BY COWMtg. CA &P Cmte F &S Cmte Transportation Cmte n Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA 1'E: 05/26/09 RECOMMENDATIONS: SPONSOR /ADmIN. Administration recommends adoption of the proposed ordinance C()\I\IIITEE I COST IMPACT FUND SOURCE EIPI?N DITURI{ RI ;c?UIRI'.D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Continents: 1 MTG. DATE RECORD OF COUNCIL ACTION 05/26/09 Forward to 06/01/09 Regular Meetinn 06/01/09 Forward to 06/08/09 Special Meeting I I 1 MTG. DATE ATTACHMENTS 05/26/09 Informational Memorandum dated 5/26/09 Draft Ordinance with exhibit. I 06/01/09 Same as above, with ordinance in strike through /underline format 06/08/09 Ordinance in Final Form Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DESIGNATING THE TUKWILA SOUTH PROJECT AREA AS A SENSITIVE AREA MASTER PLAN OVERLAY DISTRICT; PROVIDING FOR SEVERABILTTY; AND ESTABLISHING AN El±ECTI VE DATE. WHEREAS, 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; and WHEREAS, the preparation and implementation of a Sensitive Area Master Plan for the Tukwila South Project area is likely to result in net improvements in sensitive area functions and values when compared to development under the general provisions of Tukwila Municipal Code Chapter 18.4; and WHEREAS, the Tukwila South Project site is approximately 500 acres, well above the 10- acre minimum for an area to be designated a Sensitive Area Master Plan Overlay District; and WHEREAS, an open record public hearing on the designation of the Tukwila South Project area as a Sensitive Area Master Plan Overlay District was held on May 26, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Sensitive Area Approved. The City of Tukwila hereby approves designation of the Tukwila South Project area, as shown on the attached Exhibit A, as a Sensitive Area Master Plan Overlay District. Section 2. 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 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force upon the date on which all the property shown on the map attached hereto as "Exhibit A" is within the municipal boundaries of the City of Tukwila. Section 4. Expiration. The City of Tukwila and La Pianta LLC have entered into a Development Agreement dated June J 2009 (the "Development Agreement regarding the property shown on the map attached hereto as "Exhibit A. If the Development Agreement terminates prior to the expiration of its term in accordance with the terms therein, this Ordinance shall expire without further legislative action and be of no further force or effect. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKFIWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST /AUTHENTICATED: Attachment: Exhibit A Sensitive Area Master Plan Overlay District Map \Word Processing Ordinances Tukwila South Sensitive Area.doc LV:ksn 06 /02/2009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Fffective Date: Ordinance Number: Page 1 of 1 Exhibit A Tukwila South Project Development Agreement Tukwila South Master Plan Sensitive Area Master Plan