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Home My WebLink AboutCOW 2009-05-26 Item 3.4 - Public Hearing - Ordinance Amending Shoreline Master Plan (SMP) Map COUNCIL AGENDA SYNOPSIS r S -4 y Initials ITElvMNo. I i Ieetina Date Prepared by 1 _lla or'.s review 1 Council review I� 05/26/09 LV 1 1 j 1 3 i---1 y 06/01/09 1 LV 1 1/ ITEM INFORMATION I CAS NUMBER: 09-070 'ORIGINAL AGENDA DATE: MAY 26, 2009 AGI;ND.1 ITI?M TITLE An ordinance amending Tukwila's Shoreline Master Plan Map. C. Discussion I 1 Motion I I Resolution Orclinance 1 1 Bid Award P Irbil c Heari ng Other AItg Date 5 /26/09 lftg Date Aitg Date lftg Date 06/01/09 Aft Date lftg Date 05/26/09 lltg Date IS1)( )NSOR Carnal A/Iayor _Adrn Sva DCD Finance Fire Lega1 P &R Police I 1 PW SPONSOR'S As part of the Tukwila South Project approval process, adoption of the amendment to the SUMMARY 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. RI :\'II? \C'I .0 BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte I 1 Utilities Cmte 1 I Arts Comm. n Parks Comm. n Planning Comm. DA 1E: 05/26/09 RECOMMENDATIONS: SPONS( /ADMIN. Mayor's Office C( )MMY r1E COST IMPACT FUND SOURCE Expi NDITURE REQUIRI%D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: 1 MTG. DATE RECORD OF COUNCIL ACTION 1 05/26/09 MTG. DATE ATTACHMENTS 05/26/09 Informational Memorandum dated 05/26/09, STAFF REPORT L05 -030 Draft Ordinance with Exhibit. 06/01/09 41.. ILA 4, Q City of Tukwila G Y• a i Jim Haggerton, Mayor 90 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 PLAN 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 NUMBER: L05 -030 APPLICANT: Segale Properties (aka La Pianta, LLC) REQUEST: Amend Tukwila'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 of land lying generally west of the Green River, between the current south Tukwila city limit and South 204 Street, in unincorporated King County. See Exhibit L05- 041 -1. SEPA DETERMINATION: Tukwila South Project Draft Environmental Impact Statement (DEIS) was issued April 5, 2005. The Final EIS was issued on July 7, 2005. An Addendum to the Final EIS was issued on September 23, 2005. COMPREHENSIVE Industrial (King County Comprehensive Plan). PLAN DESIGNATION: 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 Page2of5 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 (PAA) 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 of the 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 204 Street and east of OrilliaRoad/I -5). The Tukwila South Project proposal is described in detail by the Tukwila South EIS. Approximately 211 of the 492 acres are currently located with the City of Tukwila, and the portion of that area within the regulated shoreline is designated "Urban Environment." Approximately 259 acres are located in Tukwila's South Potential Annexation Area (PAA), 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 stomuwater facilities. Surrounding land uses include commerciallindustrial uses to the north, commerciallindustrial 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:ltemp \XPgrpwise\STAFF REPORT FOR COUNCIL SMP Amend.doc Staff Report to City Council L05 -030 Page 3 of 5 South 200 Street, and a corridor containing the green River outfall for Johnson Ditch located between South 200 and South 204 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 UNDER KING COUNTY "RURAL" DESIGNATION AND TUKWTT,A "URBAN' DESIGNATION King County "Rural" Tukwila "Urban" With "Industrial" zoning with "TSO" zoning 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 C: \temp\XPgrp« ise\STAFF REPORT FOR COUNCIL SMP Amend.doc Staff Report to City Council L05 -030 Page 4 of 5 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 204 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. If the issue is not addressed in the Comprehensive Plan, is there a public need for 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 of the shoreline is in place immediately upon annexation. C: \temp\XPupwise\STAFF REPORT FOR COUNCIL SMP Amend.doc Staff Report to City Council L05 -030 Page 5 of 5 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 of the 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 RECOMVIMENDATION TO PLANNING COMMISSION 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 204 Street in anticipation of annexation of the property into the City of Tukwila. PLANNING COMMISSION RECOWEV ENDATION 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 Street in anticipation of annexation of the 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 Street in anticipation of annexation of the property into the City of Tukwila. C:\temp\XPerpwise\STAFF REPORT FOR COUNCIL SNIP Amend.doc DRAFT AN ORDINANCE OF THE Cl'1 Y COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA'S SHORELINE MASTER PLAN 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 "PAA to the "Urban Environment" classification; and WHEREAS, 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 of the PAA; 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 (WAC 173 -26 -150); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Shoreline Master PIan 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 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 2009. ATTEST /AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: Attachment Exhibit A Tukwila South Shoreline Master Program Map Amendment VJ:\ Word Processing \Ordinances \Tukwila South Shoreline Master Plan Amend.doc LIkksn 05/21/2009 Page 1 of 1 I, II Ilu r 11 Lipm =BF 1 lin um wal■ ■•11 I 1 I i L- I NM= —1 1 t___, nirm .A.-aw Ing 1 1 ur- ...imam MIMI' WI WI 1: r._•: 2 7 1 -1 I i-J-7j)1-1/7----"\--; •if Mama =nun 1 pd., n I liilim U.RWEEMMIIIIMILI nt...nk-i- L I I _A (I Inn -mama wz.mina-a 1 I IP 1111H MIIIIIIIIM .1111.11111d I I wirar n BR En -4 III '..71 I, i-c-- i' _In. miuse&-uipminor 1— 1 ilimmumm, ludINIMINIIIIII ionl..,■•• i I 1 1 um tuipplimanimmumm mum ••:11.1." -c----, nr. mIl I am- r -7.11Pendipa% lipullmunom 1 L li_4114_FR 81 VD 1 1 1 I m 11 a d 1111111MIME III I r .1 t—i •111111 El 1 m, 1 I I ir■ Ins. 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I I I I ANGLE l l' N n i PROJECT 1 II ,--'1 1 I I i 1 0 PERITER IL 1 Of .4.54-'-------------;---; 476 0 IB :V Rwto, _7. -_=.1:- 0 ,'s- 17 -Z-4A k a q 5-' -,7-, 1 -.-L----- \AAP j 1 LEGEND: ■23 r --'-'-'-1 TUKWILA ,-;--17-,--7-5------==-7-__-===T---.1** MUNICIPAL BOUNDARY _:= Tr=-._ Xi Z=7:- lei AFTER LA PIANTA ANNEXATION l 4 ,t*/ r W. k EXISTING TUKWILA KING COUNTY LINE rt//// 1 JURISDICTION AREA (200-FEET) AREA TO BE ANNEXED 1 i 1 I t I I I 1 I Exhibit A 1 11 1 0 TUKWILA SOUTH PROJECT GOLDSMITH TUKWILA SOUTH SHORELINE MASTER PROGRAM MAP AMENDMENT TUKAILA, KING COUNTY, WASHINGTON