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Home My WebLink AboutReg 2009-06-01 Item 6D.6 - Ordinance - Designate Sensitive Area Master Plan Overlay District to Tukwila South Boundaries COUNCIL ACENDA SYNOPSIS ------------------------- Illiti a/J __________________n___________ ITEM No. iV1eettilO Date Lt,Q.&. OS/26/09 06/01/09 ITEM INFORMATION C\S Nu~mER: oct- O, ( I ORIGINAL AGENDA DATE: MAY 26,2009 "-\c; ":ND.\ ITE~I TITLE 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\Tlt(;ORY cg] Disi'lI.fJion o lvlotion o Resolution cg] Ordinance o Bid Av./ard cg] Public Hearing o Other Mtg Dole 5/26/09 i\ltg Dale Mtg Dote lHtg Dale 06-01-09 Mtg Date Mtg Dale 5/26/09 Altg Dale 5\'( )NS( m o Countil cg] j\rlqyor o Adm Svcs cg] DCD o Finance o Fire o Legal Dp&R o Police DpW S]'( lNS( m's Per TMC 18.45.160, City Council may designate certain areas as Sensitive Area Master Plan SL1\IM.\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 Mav 26. RL\'IE\X"!-:D BY cg] COW Mtg. o CA&P Cmte o F&S Cmte o Transportation Cmte o Utilities Cmte DArts Comm. o Parks Comm. o Planning Comm. DATE: OS/26/09 RECOMMENDATIONS: Sl'ONSORjADi\fIN. Administration recommends adoption of the proposed ordinance C< ) l\Ii\fITrEE COST IMPACT I FUND SOURCE EXPI:NDITURI: RI':l.2UIRIm AMOUNT BUDGETED ApPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG.DATE RECORD OF COUNCIL ACTION OS/26/09 ~ 1:n OEi/Ol/Oq Rpnlll~r Mpp1:inn MTG.DATE ATTACHMENTS OS/26/09 Informational Memorandum dated 5/26/09 Draft Ordinance with exhibit. 06/01/09 Same as above, with ordinance in strike-through/underline fonnat I City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Council Council FROM: Lisa Verner, Mayor's Office DATE: May 26, 2009 SUBJECT: Tukwila South Project: Sensitive Area Master Plan Overlay District QUASI-JUDICIAL DECISION BY CITY COUNCIL ISSUE 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. BACKGROUND Section 18.45.160 of the Tukwila Municipal Code addresses the 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 Environmentally Sensitive Areas. 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 occurs through the Type 5 (City Council, after an open record public hearing) decision process (TMC 18.104). The criteria are: 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 After the Council designates an overlay district, a Sensitive Area Master Plan is prepared. The Director of Community Development approves the Plan based on consideration of factors listed in TMC 8.45.160.G and H. INFORMATIONAL MEMO Page 2 DISCUSSION La Pianta LLC, the Tukwila South Project applicant, has requested the designation of the Tukwila South Project area as a Sensitive Area Master Plan Overlay District. The site is approximately 512 acres. La Pianta previously prepared a draft Sensitive Areas Master Plan (SAMP) that was formed on the basis of the wetland and sensitive area mitigation. La Pianta discussed the plan with the City, Washington State Department of Ecology (DOE) and the US Army Corps of Engineers (COE). The proposal is to fill 8.26 acres of on-site wetlands. There will also be a net loss of 5.64 acres of on-site wetlands. Compensation for the fill and loss, as allowed by the City, DOE and the Corps, will provide mitigation in the form of enhancing 29.16 acres of on-site wetlands and creating 1.99 acres of on-site wetlands. DOE issued a "401" Water Quality Certification based on this proposal in 2005. COE is currently processing an application from La Pianta for a "404" permit based on this plan. The Director of Community Development, on behalf of the City, will formally evaluate this proposal after Council applies the "Sensitive Areas Master Plan Overlay District" designation to the site and the property is annexed into the City. The existing sensitive areas (wetlands, step slopes, etc) are scattered across the 500 acre site. The opportunity to comprehensively address the wetlands, relocation of Johnson Creek (considered salmon-bearing), other small creeks on site, and the steep hillsides on the eastern side of property through a Master Plan is expected to result in a net improvement to the sensitive areas on the site. A public hearing on application of the Sensitive Area Master Plan Overlay to the Tukwila South Project site is scheduled for May 26, 2009. RECOMMENDATION The Administration recommends Council approve the ordinance designating the Tukwila South Project property as a Sensitive Area Master Plan Overlay District at the Regular Meeting on June 1,2009. ATTACHMENTS Draft Ordinance and Exhibit. W:\2009 InfoMemos\lnfomemo SAMP 5-26-09.doc n~AbT M.d.~-". " ~Iil.... _'" d AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWlLA, WASHINGTON, DESIGNATING THE TUKvVILA SOUTH PROJECT AREA AS A SENSITIVE AREA MASTER PLA1'\1 OVERLAY DISTRICT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE 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 vVHEREAS, 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 vVHEREAS, 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 TulG'lila 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 Tune , 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 TUKWlLA, WASHINGTON, at a Regular Meeting thereof this day of ,2009. AITEST/ AUlHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Oerk Office of the City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: APPROVED AS TO FORlvI BY: Attachment Exhibit A - Sensitive Area Master Plan Overlay District Map W:\ Word Processing\ Ordinances\ Tukwila South Sensitive Area.doc LV:ksn OS/28/2009 Page 1 of 1 m=m J ,'/ I'" 'I "I' H H ~ Ilj ~ ; ~ ~li ) OIITJ," II I IHAnlnnlllll1 ) EHffiR= lJ == ~~ II 'I ~ /I - 'w rt!: ~Iil , HI- TIT I . 1:?' Ij, , LbUJ :1 IT I ~~ W~ ~~~R 'rTr-l1l I Ir, v II ~IIII IITI ""\ ' ::!l:!=! ~~ ~ I -b f 3= l- -~ \: 1--tTl, I I f- Tl'- !=l= r-- '; nT\ I-J- f-l=j .l. I-J f-- HFI ~ ~ 1--1\ rrn != ~ f=fr j ~ ~ 1 ..J" I-L)- FI- . ! I I c--r. ~ II W. /;,:,,' -j II f~ ' i I r'1-r'T . IIIIIIR L--t~ - (E3~';::" ,- ..r?~ "'" I\\>"~I r~ ) ~. ' \\\ r~~I~ D ~~ ~m~ . ~ PROJ~IBOU1NDARY '\. . 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