HomeMy WebLinkAboutReg 2013-10-21 Item 4A - Ordinance - Comprehensive Plan AmendmentCOUNCIL AGENDA SYNOPSIS
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08/12/13
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10/14/13
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10/21/13
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ITEM INFORMATION
ITEM No.
99
STAFF SPONSOR: JACK PACE
ORIGINAL AGENDA DATE: 8/12/13
AC31:ND;1 Iri iTITLE
An ordinance amending the Tukwila
requirements of the Growth Management
Comprehensive
Act,
Plan
per RCW 36.70A.130.
in compliance
with the
-12/ 10-1-1
❑ Motion
Mtg Date
❑ Resolution
Mii Date
❑ Bid _Award
:'6ftg Date
❑ Other
Mt Date
C.1'1'1 GORY II Disarseaon
I2. Ordinance
I Public Flear;i
Mr Date8
Mtg Date 10 /21/13
Mts Date 08/12/13
SPONSOR ❑ Council ❑ Maayor ❑ FIR ►i. DCD ❑ Finance ❑ Fire ❑ IT • PAR Police ❑ Pir
SPONSOR'S
SUMMARY
Tukwila is reviewing and updating its Comprehensive Plan as required
Management Act. The update is being done in phases over several
before the June 30, 2015 deadline. In 2013, the Capital Facilities,
Southcenter /Urban Center, Natural Environment and Shoreline
being considered. The City Council has held a public hearing and
being asked to review the ordinance and take action at the 10/21
❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm.
DATE: COMMITTEE CHAIR:
by the
years, to be
Utilities, Transportation,
(narrative) elements
work sessions
Regular Meeting.
Growth
completed
are
and is
Cmte
RF\ 'IFMID BY
• Transportation
❑ Planning Comm.
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Department of Community Development
Work Sessions were conducted on 7/30, 7/31, 9/9, and 9/19
COST IMPACT / FUND SOURCE
EXPI NDrru1tE REQUIRIM AMOUNT BUDGETED APPROPRIATION REQUIRED
$ $
Fund. Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
08/12/13
Forward to Special Work Session
08/14/13
Forward to next Regular meeting, with language rha ng s to exhibits
MTG. DATE
ATTACHMENTS
08/12/13
Informational Memorandum dated 08/05/13
Ordinance in Draft form
10/14/13
Informational Memorandum dated 10/4/13
Ordinance in draft form, with Exhibits (Exhibits also available in Dig_ ital Records Center)
*PLEASE BRING YOUR COMPREHENSIVE PLAN BINDER*
10/21/13
Ordinance in final form, with exhibits showing language changes to pages 6 & 12
99
100
Citv of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING THE CITY OF
TUKWILA COMPREHENSIVE PLAN IN COMPLIANCE WITH
THE REQUIREMENTS OF THE GROWTH MANAGEMENT
ACT, PER RCW 36.70A.130; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila is required to plan under RCW 36.70A.040; and
WHEREAS, every seven years, RCW 36.70A.130(1) requires the City of Tukwila
to take legislative action to review and, if needed, revise its Comprehensive Plan and
development regulations, including its policies and regulations designating and
conserving natural resource lands and designating and protecting critical areas to
comply with the requirements in Chapter 36.70A RCW; and
WHEREAS, under the schedule established in RCW 36.70A.130(5)(a), the deadline
for the City of Tukwila to comply with the update required by RCW 36.70A.130(1) is
June 30, 2015; and
WHEREAS, per RCW 36.70A.130, amendments to the Comprehensive Plan shall
not be considered more frequently than once every year, except in cases of emergency
or to amend the Shoreline Master Program; and
WHEREAS, the City of Tukwila is conducting its required update per RCW
36.70A.130(5)(a) in phases over several years; and
WHEREAS, during 2013 the City of Tukwila reviewed and updated the
Transportation, Capital Facilities, Utilities, Natural Environment, and Southcenter/
Tukwila Urban Center Elements, and the narrative portion of the Shoreline Element; and
WHEREAS, during 2014, the City of Tukwila will review and update as necessary
the Transportation Corridors, Residential Neighborhoods, Tukwila South, Housing,
Community Image, Economic Development, Annexation and Roles and Responsibilities
Elements; and
WHEREAS, prior to June 30, 2015, all necessary review and updating will be
completed; and
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WHEREAS, all recommended amendments have been found to be consistent with
each other and to conform overall to the Comprehensive Plan's provisions through the
current planning period; and
WHEREAS, the Growth Management Act requires each jurisdiction to establish
public participation procedures, whereby amendments and updates to the Comprehen-
sive Plan are considered by the City of Tukwila (RCW 36.70A.130(2); and
WHEREAS, on March 18, 2013, the City of Tukwila passed Resolution No. 1792
adopting a Work Plan and Public Participation Program for updating the Comprehensive
Plan and development regulations during 2013 through 2015, consistent with RCW
36.70A.035; and
WHEREAS, during the Comprehensive Plan and development regulations review
and update process, the City of Tukwila solicited public input and publicized the update
efforts through special direct mailings and emails, and articles in "The Hazelnut"
community newsletter, the "Tukwila Reporter" and on the City's website per the adopted
Public Participation Program; and
WHEREAS, the City of Tukwila has followed its adopted Public Participation
Program, and duly noticed and held an open house, public meetings, work sessions,
and public hearings, and participated in community -wide events to solicit input from the
community; and
WHEREAS, a Tukwila Tree and Environment Advisory Committee composed of
citizens, business representatives, environmental professionals and City officials met
from September 2012 through May 2013 to analyze the Natural Environment Element of
the Comprehensive Plan for consistency with the requirements of Chapter 36/0A RCW
and Tukwila's vision for its natural areas, and the Committee's recommended revisions
were forwarded to the Tukwila Planning Commission for review; and
WHEREAS, the City has evaluated the Comprehensive Plan for consistency with
best available science and has cited the best available science resources in the Natural
Environment Element Background Report for wetlands, watercourses and fish and
wildlife habitat areas and incorporated best available science into revised goals and
policies; and
WHEREAS, on March 27, 2013, the City of Tukwila issued an addendum to the
Tukwila Comprehensive Plan Environmental Impact Statement (File #E13 -004,
previously issued October 9, 1995, as File #L92- 0053), which analyzed the potential
impact of various Comprehensive Plan amendments, pursuant to SEPA (Chapter 197-
11 WAC) and the Tukwila Municipal Code, Title 21; and
WHEREAS, staff prepared an analysis of the Comprehensive Plan and
development regulations currently in effect in Tukwila for consistency with the
requirements of Chapter 36.70A RCW and, based on this analysis, staff prepared
proposed revisions it concluded are needed to comply with Chapter 36.70A RCW. This
analysis and proposed revisions were reviewed by the Tukwila Planning Commission at
work sessions and public hearings in April, May and June 2013; and
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Page 2 of 4
WHEREAS, the Tukwila Planning Commission reviewed the analysis and proposed
revisions prepared by staff and the Tree and Environment Advisory Committee and held
public hearings on April 25, May 23 and June 27, 2013 to receive public comments on
the analysis and proposed revisions. Based on its review of the requirements of Chapter
36.70A RCW, the analysis and proposed revisions prepared by staff and the Tree and
Environment Advisory Committee, and the public comments received, the Planning
Commission modified the analysis and proposed revisions to more fully comply with
Chapter 36.70A RCW and forwarded recommended findings on review and proposed
revisions to the City Council; and
WHEREAS, the City of Tukwila provided the required 60 -day notification of
proposed amendments to the Comprehensive Plan to the Washington State
Department of Commerce (DOC) under RCW 36.70A.106; and
WHEREAS, on August 12, 2013, the Tukwila City Council held a duly noticed public
hearing to receive public comments on the recommended changes to the Utilities,
Capital Facilities, Transportation, Natural Environment, and Southcenter/Tukwila Urban
Center Dements, and the narrative portion of the Shoreline Element as the 2013 portion
of Tukwila's phased periodic update per RCW 36.70A.130(5); and
WHEREAS, the City of Tukwila intends to complete its review and to finalize and
adopt any required revisions to the remaining elements of the Comprehensive Plan not
later than June 30, 2015 per RCW 36.70A.130(5); and
WHEREAS, based on its review of the requirements of Chapter 36.70A RCW, the
analysis and proposed revisions prepared by staff, the proposed revisions forwarded by
the Planning Commission, and the public comments received, the City Council finds and
declares that the review and needed revisions have been prepared in conformance with
applicable law; and
WHEREAS, at the conclusion of its review and deliberations on October 21, 2013,
the City Council approved the amendments to the Comprehensive Plan as shown in the
attached Exhibits A through F, hereby incorporated by this reference;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. The Transportation Element of the City of Tukwila Comprehensive
Plan is hereby amended as shown in Exhibit A.
Section 2. The Utilities Element of the City of Tukwila Comprehensive Plan is
hereby amended as shown in Exhibit B.
Section 3. The Capital Facilities Element of the City of Tukwila Comprehensive
Plan is hereby amended as shown in Exhibit C.
Section 4. The Southcenter/Tukwila Urban Center Element of the City of Tukwila
Comprehensive Plan is hereby amended as shown in Exhibit D.
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Section 5. The Natural Environment Element of the City of Tukwila Comprehen-
sive Plan is hereby amended as shown in Exhibit E.
Section 6. The Shoreline Element of the City of Tukwila Comprehensive Plan is
hereby amended as shown in Exhibit F.
Section 7. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 8. 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 9. 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 , 2013.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachments: Exhibit A — Transportation Element
Exhibit B — Utilities Element
Exhibit C — Capital Facilities Element
Exhibit D — Southcenter/Tukwila Urban Center Element
Exhibit E — Natural Environment Element
Exhibit F — Shoreline Element
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14
le+
Fd
..S
I TM RevWBTaboo Plan 1
(Last adapted 19581
CAPITAL FACILITIES
• Surface Water Fund The Surface Water Enterprise Fund accounts for operations and capital
improvements for the management of the City's storm drainage and surface water. Surface
Water capital projects are required to correct deficiencies and to meet Federal, State and
local mandates. Required infrastructure is paid for by developers, local improvement districts,
and possibly grants, but the largest fund contribution comes from the utility's ratepayers.
• Foster Golf Course — This is a publicly -owned facility funded by operating revenues,
primarily user fees but also citizens' general obligation bonds, Councilmanic bonds, and
transfers in from the General Fund, The City has chosen to account for the Golf Course
as an enterprise fund for a number of reasons. Enterprise funds may be used to report
any activity for which a fee is charged to users for good or services, and the enterprise
fund structure provides transparent accounting of costs and revenues. Within the current
The Golf Course is expected to meet its capital and operating needs over
the 20 -year planning period and maintain a rate structure competitive with nearby municipal
courses. Capital improvements will be funded from the above- mentioned revenues. The
Golf Course Enterprise Fund accounts for operation, maintenance, and improvements of the
municipal golf facility. The difference between the Golf Course Enterprise Fund and other
utility enterprise funds is that the Golf Fund serves voluntary customers as opposed to the
users of the water, sewer, and surface water funds who have no choice in service provider.
RELATIONSHIP TO OTHER PLANS
Capital facility planning is related to a variety of other long- range, sub -area, and system plans
adopted by the City. Figure 14 -3 illustrates how these various plans are interrelated.
Figure 14-3:
Relationship of
Adopted
City of Tukwila
Planning Documents
IONS. RANGE PLANS
Strategic Plan
lAd'yard 70!71
.r
Comprehensive
Plan
Mato' update 900d,
adopted 1995]
SYSTE4 PLANS
walar
(Les! adopwd 7977)
Sewer
(Last adapted 7904)
Ttertspectstion
(tot adoped :+m)
Parts, Ric & Dpen Spate
(Last adapted 2c65.1
StolmwWt Management
{last adopted 20D3)
C9y Facilities
(Oran version)
Soarikeertted Trnspartwon
(tall adapted 7159)
Flee
(Las! adapla17L08)
SUB -AREA PLANS
MIC
(Iasi adoplad 7t)!Jj
Tukwila Urban Cellar
(Oran wxaan)
Shoreline Master Proven,
!lad adopted 2009)
Toted& Valley South
11 fuel adgpfed MI)
r.4
—+
WPtEMENIING
DOCUMENTS; NECULAtIQNS
Capital Improvement Program
nw,:ated at/RAW
Tukwila Uw*lpal Code
(Orchrwices and R.. hints
adepSsd by Carr/ as ■rmdedl
TUKWILA COMPREHENSIVE PLAN — OCTOBER 2013
PAGE 14 -6
105
14
CAPITAL FACILITIES
ISSUES
The following issues are based upon City experiences as well as from likely events that could
impact Tukwila's ability to pay for its future.
DECREASES IN CAPITAL SPENDING
Figure 14-4 shows 10 years in operations and maintenance spending versus capital spending.
There is a trend line that shows the increasing percentage of City revenues being spent on
operations and maintenance and less on Capital.
12036
10096
80%
60%
40%
20%
0%
Operations vs. Capital Spending
2003 -2012
03 04 05 06 07 08 09 10 11 12
O & M Cap dal Linear (O & M) - Linear (Capital)
Figure 14 -4: Operations vs. Capital Spending Trend (2003- 2012).
EXTERNAL FORCES REDUCING AVAILABLE LOCAL REVENUES
In 2002 the voters of Washington State approved a property tax initiative that limits annual
revenues to no more than one percent over previous years' revenues or Implicit Price Deflator
(IPD), whichever is lower.
TUKWILA COMPREHENSIVE PLAN - OCTOBER2013 PAGE 14 -7
106
14
CAPITAL FACILITIES
14.1.1 0 Late -comer agreements shall be considered an acceptable means of funding capital
projects, improvements and replacements, in whole or in part when requested by a
developer .
14.1.11 The City shall initiate property negotiations with a request for donation of the property
needed for rights -of -way and easements in all projects.
14.1.12
Arterial street improvements listed in the six -year CIP/FPM may be funded through
an LID or financing external to the City. The City may participate using operating
revenues, grants or bonds based on health and safety needs or public benefit.
consider paying
14.1.13 If funds arc availablc The City shall for local improvement district formation costs
in addition to the preliminary and construction engineering costs, in order to provide
a more timely option for residential street improvements. To initiate this action, a
majority of affected property owners must petition the City for creation of a local
improvement district. Residents shall pay the other costs such as, for undergrounding
utilities in the street and undergrounding from the street to their house, for the actual
construction contract cost, and for any improvements on private property such as
rockeries, paved driveways, or roadside plantings. The process and requirement for
initiating a local improvement district by petition are set forth in state and local law.
14.1.14 The City shall, whenever practical and advantageous, apply for grants, loans, or other
external financing sources. Grant applications for capital facilities shall:
• Be made only for projects listed in the CIP/FPM, and
• Be made after approval of the appropriate Council Committee,
who shall report to the full Council on any pending grant.
14.1.15 Full Council approval is required for any grant acceptance.
TUKWILA COMPREHENSIVE PLAN - OCTOBER 2013 PAGE 14 -12
107
14
CAPITAL FACILITIES
14.1.16 The City shall continue to target a minimum of 33 percent of total sales tax proceeds
to pay for capital projects,
14.1.17 Transportation, fire and parks impact fees shall be collected so that "growth may pay
for growth" and growth- caused improvements may be constructed.
14.1.18 Impact fees shall be adjusted periodically based upon an appropriate capital cost
index and or other relevant data, to ensure that the fees reflect the cost of planned
system improvements related to growth and shall be subject to City Council approval.
14.1.19 The City shall consider issuance of bonds for facilities if repayment can be made from
revenue allocations and if it is more cost - effective.
14.1.20
The City shall consider projects identified in the CIP /FPM for general operating
revenues if substantial funding from grants, developers, other jurisdictions, or other
funding sources becomes available.
14.1.21 Non- transportation capital projects and improvements (i.e. new fire station, parks,
trails, City offices) shall be funded by general revenues, impact fees, grants or bonds
as determined in the biennial CIP /FPM review process.
14.1.22
The first % -cent real estate transfer tax shall be dedicated to park and open space
land acquisition. The second % -cent tax, along with the parking tax revenues, shall be
used for arterial streets
Prioritizing Facility Construction
14.1.23 Residential streets with safety issues, high traffic volumes, high pedestrian activity
and poor roadway conditions shall be considered the highest priority projects.
TUKWILA COMPREHENSIVE PLAN - OCTOBER 2013 PAGE 14 -13
108