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Home My WebLink AboutReg 2009-06-01 Item 6D.5 - Ordinance - Amend Shoreline Master Plan COUNCIL ACENDA SYNOPSIS ___n_________n_nn________n__ Initials _____________n____________nnn ITEj}I No. 1\-Ieetilla Date P,., ared by LV LV iHayor's review (p. D. 5. OS/26/09 06/01/09 C\S NUi\!RI':R: OCf- DIG I ORIGINi\L AGENDA Dr\TE: MAY 26,2009 "-\(; I.:ND \ ITEM Trru.: An ordinance amending Tukwila's Shoreline Master Plan Map. C\TEC;()RY [g] DiJi'IIJJion o lvlotion o ReJolution [g] Ordinailte o Bid Aivard [g] Publit Heming o Other Mtg Dote 5/26/09 Mtg Dote Mtg Dote Mtg Dote 06/01/09 Mtg Dote Mtg Dote OS/26/09 },Jtg Dote SI'()NS()R o Coundl [g] iVlqyor OAdmSvts ODCD o Fina!lte o Fire o Legal OP&R o Polite OPW SI'( )''is< )R'S As part of the Tukwila South Project approval process, adoption of the amendment to the Sl:\f\L\RY Shoreline Master Plan map will pre-designate the shoreline as "Urban Environment" and become effective upon annexation. The Planning Commission held a public hearing on September 29,2005 and reviewed the proposal and voted unanimously on a recommendation of approval to City Council at its September 29, 2005 meeting. Public hearing on this issue has been scheduled for May 26, 2009. E.Jo:YIF\,\'I':D BY [g] COW 1\Itg. o CA&P Cmte o F&S Cmte o Transportation Cmte I o Utilities Cmte o Arts Comm. o Parks Comm. o Planning Comm. D~-\TE: OS/26/09 RECOMMENDATIONS: SPONSOR/ADMIN. Mavor's Office Cc )I\fMITfEE COST IMPACT I FUND SOURCE EXPI':NDITURI': RI':C,2UllUm AMOUNT BUDGETED ApPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG.DATE RECORD OF COUNCIL ACTION OS/26/09 Forward to 06/01/09 Regular Meeting MTG.DATE ATTACHMENTS . OS/26/09 Informational Memorandum dated OS/26/09, STAFF REPORT L05-030 Draft Ordinance with Exhibit. 06/01/09 Same as above, with ordinance in strike-through format ITEM INFORMATION City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton City Council FROM: Lisa Verner, Mayor's Office DATE: May 26, 2009 SUBJECT: Tukwila South Project: 1) Tukwila South Master Plan, 2) amendments to Title 18 (Zoning Code), 3) amendments to Title 17 (Binding Site Plan), and 4) amendment to Shoreline Master Plan map ISSUE Four actions went before the Planning Commission for review and are now before the City Council for action. These are related to the Tukwila South Project: 1) Tukwila South Master Plan (file L05-041), 2) amendments to Title 18, TMC (Zoning Code) (file L05-029A), 3) amendments to Title 17, TMC (Binding Site Plan) (file L05-029B), and 4) amendment to Shoreline Master Plan map (L05-030) BACKGROUND Staff reports for each of these actions have been prepared and are attached to this Informational Memorandum. The Planning Commission held four public hearings on September 29, 2005, reviewed all four proposals and voted unanimously to recommend approval to City Council. DISCUSSION Public hearings on all four issues have been scheduled for May 26,2009. Deliberations on these issues, as well as on the Tukwila South Project Development Agreement, have also been scheduled for the May 26,2009 Committee of the Whole meeting. RECOMMENDATION The Council is being asked to conduct deliberations on these issues after the public hearings at the May 26,2009 Committee of the Whole meeting and forward subsequent to the June 1,2009 Regular meeting for action. ATTACHMENTS Staff Report Regarding Tukwila South Master Plan (file L05-041). Staff Report Regarding Zoning Code Amendments (file L05-029A). Staff Report Regarding Amendments to the Subdivision (file L05-029B). Staff Report Regarding Shoreline Master Plan Map Amendment (L05-030). Ordinance adopting Tukwila South Master Plan. Ordinance adopting amendments to Title 18, TMC (Zoning Code). Ordinance adopting amendments to Title 17, TMC (Binding Site Plan). Ordinance adopting Shoreline Master Plan map amendment. STAFF REPORT TO THE CITY COUNCIL REGARDING SHORELINE MASTER PLAL~ MAP AMENDMENT PUBLIC HEARING: May 26, 2009 NOTIFICATION: Notice of the City Council public hearing was published in the newspaper on May 11,2009. The Notice was mailed to property owners and occupants within 500 feet of the Tukwila South Project boundaries on May 7, 2009. It was posted at two locations on the Tukwila South property. FILE NUl\1BER: L05-030 APPLICANT: Segale Properties (aka La Pianta, LLC) REQUEST: Amend Tubvila's Shoreline Master Plan to pre-designate the shoreline area located within the Tukwila South Potential Annexation Area as within the "Urban Environment." The "Urban Environment" shoreline designation would take effect upon annexation. LOCATION: 200 feet wide strip ofland lying generally west of the Green River, between the current south Tukwila city limit and South 204th Street, in unincorporated King County. See Exhibit L05-041-1. SEPA DETERMINATION: Tukwila South Project Draft Environmental Impact Statement (DETS) was issued AprilS, 2005. The Final EIS was issued on July 7,2005. An Addendum to the Final EIS was issued on September 23,2005. COMPREHENSIVE PLAN DESIGNATION: Industrial (King County Comprehensive Plan). Tukwila Valley South (Tukwila Comprehensive Land Use Plan). SHORELINE DESIGNATION: Rural Environment (King County Shoreline Master Program). STAFF: Lisa Verner ATTACHMENTS: Site Map Staff Report to City Council L05-030 Page 2 of5 FINDINGS Description of Request The applicant requests an amendment to the Tukwila Shoreline Master Plan pre-designating the shoreline area within the Tukwila South Potential Annexation Area (P AA) to the "Urban Environment" classifIcation. Under "pre-designation," the Urban Environment classifIcation would become effective only upon annexation. Pre-designation is allowed under the Washington State Shoreline Management rules (WAC 173-26-150). The applicant requests the City designate "Urban Environment" as the appropriate shoreline environment now so that upon annexation this designation will take effect immediately. Then Applicant can apply for a Substantial Development Permit (SDP) from the City for proposed work in the area of shoreline jurisdiction, which it needs in order to obtain various other permits it has applied for in conjunction with the Tukwila South Project. Background and Site Information The affected property is part ofthe proposed Tukwila South Project. The Tukwila South Project proposes a mixed-use, master planned development of up to 10.3 million square feet in a large- scale, campus setting on approximately 500 contiguous acres (located generally south of the Tukwila City limit, west of the Green River, north of South 204th Street and east of OrilliaRoad/I-5). The Tukwila South Project proposal is described in detail by the Tukwila South EIS. Approximately 211 ofthe 492 acres are currently located with the City of Tukwila, and the portion ofthat area within the regulated shoreline is designated "Urban Environment." Approximately 259 acres are located in Tu1..rwila's South Potential Annexation Area (P AA), which is currently in unincorporated King County. The regulated shoreline portion of the PAA is designated "Rural Environment" by the King County Shoreline Master Program. It is this unincorporated shoreline area that is subject to this application (see Exhibit L05-041-1, attached). Approximately 22 acres of the Tukwila South project area lie within the City of Kent and are not directly affected by the requested shoreline pre-designation. At the request of Washington State Department of Ecology, La Pianta acquired a permanent easement to retain wetlands on an additional 11 acres in Kent (Zagragen property). Current land uses within the area subject to this request include the Green River levee, agricultural lands and stormwater facilities. Surrounding land uses include commerciaVindustrial uses to the north, commerciaVindustrial and public park uses to the east (across the Green River), and agricultural uses to the south and west. The area subject to this shoreline pre-designation request is owned by the applicant, with the exception of a surface water management pond owned by King county and located just north of C:\temp\XPgrpwise\STAFF REPORT FOR COUNCIL - sJ'v1P Amend.doc Staff Report to City Council L05-030 Page 3 of5 South 200th Street, and a corridor containing the green River outfall for Johnson Ditch located between South 200th and South 204th Streets, owned by King County Drainage District #1. Existing King County "Rural Environment" The unincorporated portion of the applicant's property currently has a Rural Environment designation under the King County Shoreline Master Program, but is zoned I/Industrial under the county's zoning code. Table 1 describes key aspects of King County's applicable regulations and compares them with the proposed Urban designation under Tukwila's shoreline program. TABLE 1 COMPARISON OF ALLOWABLE DEVELOPMENT U1\T])ER KING COUNTY "RURAL" DESIGNATION AND TUKWILA "URBAN" DESIGNATION Development allowed Yes, but only if "water related" Yes, but only structures or waterward of ordinary high and no hazard to navigation. accessory facilities that "protect water mark? or promote the public interest." Height limit for structures 35 feet, but may be increased 35 feet within 100 feet of mean up to 75 feet with additional high water mark; otherwise 125 setback; may exceed 75 feet in feet "mixed-use" developments. Open space 50 feet adjacent to a "natural 40 feet landward of mean high environment" must be left as water mark limited to open space. recreational use, pedestrian access and essential facilities. Public access Setback incentives provided to Public access encouraged. encourage public access. Provision of public access or "private natural area" required (Comp Plan policy). Allowed uses All uses allowed by underlying All uses allowed by proposed Industrial zoning. TSO zoning. Setbacks from high water - No setback required for 40 feet, except recreational, mark "water-dependent" uses. public access and essential - 20 to 50 feet for "water- facilities. related" uses, depending on provision of public access. - 20 to 75 feet, depending on provision of public access King County "Rural" With "Industrial" zoning Tukwila "Urban" with "TSO" zoning C:\ternp\XPgrpwise\STAFF REPORT FOR COUNCIL - SMP Amend.doc Staff Report to City Council L05-030 Page 4 of5 Review Process The SMP calls for amendments to be reviewed under TMC 18.80, "Amendments to the Comprehensive Plan and Development Regulations." After review at a public meeting on June 20,2005, the Tukwila City Council forwarded the proposed amendment to the Planning Commission for a recommendation. The Planning Commission held a public hearing to review the application, deliberated and made a recommendation to the City Council on September 29, 2005. Now the City Council will hold a public hearing and review the Commission's recommendation; if the City Council approves the amendment, the amendment must also go to the Department of Ecology for review and approval before taking effect. Chapter 18.80 TMC implements requirements of the Washington State Growth Management Act (GMA) concerning consolidation of Comprehensive Plan amendment proposal for consideration no more than once per year. Shoreline master program amendments are exempt from this requirement under the provisions of Section 36.70A 130(2)(a)(ii) Revised Code of Washington. Review Criteria Amendments to the Shoreline Master Program are legislative decisions. . . The Council used the following criteria found at TMC 18.80.050(B) in it's determination to forward the SMP amendment to the Planning Commission for a recommendation. 1. Is the issue already adequately addressed in the Comprehensive Plan? The issue is addressed by the Tukwila Comprehensive Land Use Plan, but is not adequately addressed by the Tukwila Shoreline Master Plan. The Tukwila Comprehensive Land Use Plan designates the Green River shoreline upstream (south) from the SR99 Bridge to South 204th Street as "Urban/Open space Environment". This designation includes the subject area. The Tukwila Shoreline Master Plan provides no designation for the subject area. Designating the subject area "Urban" under the Shoreline Master Plan would implement the policy established by the Comprehensive Plan for this area. 2. Jfthe issue is not addressed in the Comprehensive Plan, is there a public needfor the proposed change? Yes. The subject area lies within Tukwila's recognized Potential Annexation Area (PAA) and is proposed for annexation to the City of Tukwila. Under the Washington State Shoreline Management Act (SMA) shorelines must be designated Urban, Rural, Conservancy or Natural within one year of annexation, and may be pre-designated prior to annexation (WAC 173-62- 150). Pre-designating the subject area "Urban" under Tukwila's Shoreline Master Plan will ensure that appropriate management ofthe shoreline is in place immediately upon annexation. C:\temp\XPgrpwise\STAFF REPORT FOR COUNCIL - SMP Amend.doc Staff Report to City Council L05-030 Page 5 of5 3. Is the proposed change the best means for meeting the identified need? Yes. The Tukwila Comprehensive Land Use Plan, updated in 2004, has determined that the area is appropriate for an "Urban/Open Space" designation. The "Urban Environment" designation is the appropriate designation under the City's Shoreline Management Plan to ensure implementation of the City's Comprehensive Plan. 4. Will the proposed change result in a net benefit to the community? Yes. The proposed pre-designation ofthe subject area "Urban" is an important element in achieving the City's vision and policies for future development of the area, consistent with the Tukwila Comprehensive Land Use Plan (see especially the Tukwila South element, pages 103- 108 of the Tukwila Comprehensive Land Use Plan). CONCLUSION Pre-designation of the subject area as "Urban Environment" under the Tukwila Shoreline Master Plan will ensure that appropriate shoreline use and development controls, consistent with the Tukwila Comprehensive Land Use Plan, are in place immediately upon annexation. STAFF RECOMlVIENDA TION TO PLANNING COlVILVIISSION That the Planning Commission recommend to the City Council the approval of the amendment to the Shoreline Master Plan pre-designating as "Urban Environment" the shoreline area west of the Green River between the existing city limits and S 204th Street in anticipation of annexation of the property into' the City ofTukwila. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL That the City Council approve the amendment to the Shoreline Master Plan pre-designating as "Urban Environment" the shoreline area west of the Green River between the existing city limits and S 204th Street in anticipation of annexation ofthe property into the City of Tukwila. ADMINISTRATION RECOMMENDATION TO CITY COUNCIL That the City Council approve the amendment to the Shoreline Master Plan pre-designating as "Urban Environment" the shoreline area west of the Green River between the existing city limits and S 204 th Street in anticipation of annexation of the property into the City of Tukwila. C:\temp\XPgrpwise\STAFF REPORT FOR COUNCIL - SlYfP Amend.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUIG\lILA, WASHINGTON, AMENDING TUKWILA'S SHORELINE l'vIASTER PLAt'l MAP TO PRE-DESIGNATE THE SHORELINE AREA LOCATED WITHIN THE TUKWILA SOUTH POTENTIAL ANNEXATION AREA AS "URBAN ENVIRONMENT" AND FOR SUCH DESIGNATION TO BE EFFECTIVE UPON ANNEXATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. "WHEREAS, the City desires to amend the Tukwila Shoreline Master Plan Map to pre- designate the shoreline area within the Tukwila South Potential Annexation Area CP AA") to the "Urban Environment" classification; and WHEREAS, pre-designation of the subject area as "Urban Environment" under the Tubvila Shoreline Master Plan will ensure that appropriate shoreline use and development controls, consistent with the Tukwila Comprehensive Land Use Plan, are in place immediately upon annexation of the P AA; and WHEREAS, under "pre-designation," the Urban Environment classification would become effective only upon annexation; and "WHEREAS, pre-designation is allowed under the Washington State Shoreline Management rules fYV AC 173-26-150); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Shoreline Master Plan Map Amended. The Tukwila Shoreline Master Plan Map is hereby amended to pre-designate the shoreline area located within the Tukwila South Potential Annexation Area as "Urban Environment" The potential annexation area for which this pre-designation applies is set forth in Exhibit A, incorporated by this reference as if fully set forth herein. 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 set forth in "Exhibit A" is within the municipal boundaries of the City of Tukwila. PASSED BY TIIE CITY COUNCIL OF TIIE CITY OF TlJK1.VILA, WASHINGTON, at a Regular Meeting thereof this day of .2009. ATTEST/ AUIHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORt\1 BY: Filed with the City Oerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Attachment: Exhibit A - Tukwila South Shoreline Master Program Map Amendment W:\ Word Processing\Ordinances\ Tubvila South Shoreline Master Plan Amend.doc LV:ksn OS/28/2009 Page 1 of 1 Il.~ '" f~~' '~, ~'T' '?rli~ / ~h ~ HrrnBIDif1F\?=i- I" " ~l=i H Hm~'IT ; ~m ~ n.. HI l 'w W ~ ~ _ a_~~; -~I.RBLVD 'T~ II~~ TI r-C -~ ~ ~I( J- illIIIJ~mJl Oll ,/ 11 3 \~ f-I I r/./ lilllD willllilIlIllmrrm3:=,.Jl,l I ~ , ) ''}f ~ ~/,': iI~~ W r LI \ ~c-_~ :/' ( ~ J-l- [I IH R -'-j- J ~ /') /" I ~>.J u f-~ -;--11-1 EFIMd).,. ~ J ~:I b m h/ - ftl m Y ff 2UO' It!/- 1 wm /'-" $ ~,,~ I;;~ST,V L ~ l l ..~. WI/ JfDP;[ 1. ~\\ \ //J;1/~~~;2 \~. I \, ~C#"""<A 'v, I I \~! ~ ~~L.l&':../:.w ~E L_/ L -'~ an .~I/ f r---r " ~: --''\IJ f-/ ("I ,I , 'j r' _ll~ ; \] . I 0r :-'.~i{1- ! l l' LEGEND:' = _ _ _ _ _ TUKWlLA MUNICIPAL BOUNDARY '1// I AFTER LA PlAlITA ANNEXATION L b - - - - - EXlSTlNG TUKWILAI KING COUNTY UNE =o""~'~ - ~ ~~ff;:;~1.~~ ~~r~~~~~~~~~~ ff / 15;;:;Z{",vS:;;<<~ PROPOSED TUKWILA SHOREUNE H - 8-;v.,_",X'Syx3 JURISDICTION AREA (20o-FEET) I~ (J " ~ I :,,: ~. :- '1 AREA TO BE ANNEXED li L3~. Ll ~ ''t l Exhibit A . ~_! '- r '> I ~Ne\_,'''." f-~~~\~ J f- !/' i;~ ~~h(C ~Lu~ \-- ,,,"- / ,,' .' a h ~ \ I \7\~ f f I I o e GOLDSMITH '''XCI ~"UCl'''UU "......:Il -=--~~ TUK'MLA SOUTH PROJECT TUKWILA SOUTH SHORELINE MASTER PROGRAM MAP AMENDMENT TUK'/~LA. KING COUNTY. \,{AShl~=ON