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Home My WebLink AboutCOW 2009-05-26 Item 4E.5 - Ordinance - Tukwila South Project as Sensitive Area Master Plan Overlay District COUNCIL AGENDA SYNOPSIS VJtLA yy ITENtNO, 0'-4 q Initials tt 1% I 11leetina Date 1 Prepared by I ttilayor s review I Council review El 1 05/26/09 1 LV ay„xiki 3 S a I 06/01/09 1 LV 1 I 290; 1 I I I t4. ITEM INFORMATION I CAS NUMBER: 09-071 {ORIGINAL AGENDA DATE: MAY 26, 2009 AG1:ND. I EM TITI,I. 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.\ Dise-uision Motion Resolution Ordinance n Bid Award Public Hearing Other I Date 5/26/09 dltg Date hltg Date lbltg Date 06 -01 -09 Mtg Date illtg Date 5 /26/09 Altg Date I SPONsOR n Council Major n Adm Svcs -1 DCD Finance Fire E Legal n P&R Police PIYI SPONSOR'S Per TMC 18.45.160, City Council may designate certain areas as Sensitive Area Master Plan SUMMARY 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. ,D BY COW Mtg. n CA &P Cmte F &S Cmte n Transportation Cmte li tilities Cmte Arts Comm. Parks Comm. n Planning Comm. DATE: 05/26/09 RECOMMENDATIONS: SPONSOR /AD\IIN. Administration recommends adoption of the proposed ordinance COMI\IIITEE COST IMPACT FUND SOURCE EXPI:NDITURI RI:OUIRIiD AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE 1 RECORD OF COUNCIL ACTION 05/26/09 1 MTG. DATE I ATTACHMENTS 05/26/09 1 Informational Memorandum dated 5/26/09 1 Draft Ordinance with exhibit. 06/01/09 1 I i !A k �ti City of Tukwila I o f Jim Haggerton, Mayor �d94) 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 Toss, 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 \Infomemo SAMP 5- 26- 09.doc DRAFT 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 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 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 five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASH NGTON, at a Regular Meeting thereof this day of 2009. Al PEST /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 Sensitive Area Master Plan Overlay District Map W:\ Word Processing Ordinances 2008 \Tukwila South Sensitive Areadoc LV ;ksn os /n/2009 Page 1 of 1 1 11 111111111 1 H11111-1.1 I 1 ii 71 flung,. Arm man %go V NW __J -1 u 1 _fee ...-E_L=7_-__ I L./ ,6 4 I 4/ 1 b3i i g n .4 I Oa .1 ,:1:„ fe .1:_ ;,f, 2 ±=4 i -c.' r i ,z 0 0 4, Wm PmOJECT BOUNDARY E i 1 o -p, F 1 7. k_ -5 /.:,=.---__I:=± :ti i lay: __N=T-- 1 I i t ii i 1 -i_- 7 t il:====';:':= 1 =.=,_-7 I I v TUKWILA SOUTH PROJECT TUKWILA SOUTH PROJECT DEVELOPMENT AGREEMENT 'TUKWILA SOUTH MASTER PLAN Exhibit A SENSITNE AREA MASTER PLAN TUKWILA, KING COUNTY, WASHINGTON