HomeMy WebLinkAboutCOW 2009-11-23 Item 4I.1 - Shoreline Master Program - Ordinance - Adopt SMP UpdateDAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, APPROVING AND ADOPTING A SHORELINE MASTER
PROGRAM UPDATE FOR THE CITY OF TUKWILA TO INCORPORATE
NEW STATE REQUIREMENTS; REPEALING THE SHORELINE MASTER
PROGRAM ADOPTED BY REFERENCE IN SECTION 5 OF THE
COMPREHENSIVE PLAN AND ADOPTED IN SECTION 1.A OF
ORDINANCE NO. 1757; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City adopted a new Comprehensive Plan in 1995 to implement the
goals and policies of the Growth Management Act of 1990 and the King County
County -wide Planning Policies; and
WHEREAS, the Green /Duwamish River, a shoreline of the State, regulated
pursuant to RCW 90.58, runs through the entire length of the City of Tukwila; and
WHEREAS, due to the presence of the Green River in the City, the 1995
Comprehensive Plan included policies addressing shorelines; and
WHEREAS, as set forth in RCW 90.58.020, the State Legislature has found that
shorelines of the State are among the most valuable and fragile of its natural resources
and unrestricted construction on privately -owned and publicly -owned shorelines of the
State is not in the best public interest; and
WHEREAS, in RCW 90.58.020 the State Legislature directed local governments
developing Shoreline Master Programs for shorelines of State -wide significance to give
preference to the following uses which, in order of preference, which. 1) recognize and
protect State -wide interests over local interests; 2) preserve the natural character of the
shoreline; 3) result in long -term over short -term benefit; 4) protect the resources and
ecology of the shoreline; 5) increase public access to publicly -owned areas of shoreline;
6) increase recreational opportunities for the public in the shoreline; and 7) provide for
any other element, as defined in RCW 90.58.100, deemed appropriate or necessary; and
WHEREAS, in 2003 the Washington State Department of Ecology (DOE) adopted
new rules, pursuant to RCW 90.58.200, to carry out provisions of the Shoreline
Management Act; and
WHEREAS, DOE's new rules are set forth in WAC 173 -26, and these new rules
provide direction to local jurisdictions concerning the regulation of uses on shorelines
of the State; and
WHEREAS, RCW 90.58.080 directs local governments to develop or amend their
shoreline master programs consistent with the required elements of the guidelines
adopted by DOE, in accordance with a schedule established in that section; and
WHEREAS, the timetable set forth in RCW 90.58.080(2)(a)(ii) requires the City of
Tukwila to amend its Shoreline Master Program by December 1, 2009; and
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WHEREAS, the City began an update of its Shoreline Master Program in 1998,
established a Citizens Advisory Panel for initial policy and regulation guidance,
prepared background studies and used consultant services to prepare technical
documents; and
WHEREAS, the City renewed and continued its updating of the Shoreline Master
Program in 2008; and
WHEREAS, an environmental checklist was prepared for the staff draft Shoreline
Master Program update, accompanied by a draft "Cumulative Impacts Analysis," an
"Inventory and Characterization Report" and draft "Restoration Plan," and a
Determination of Non Significance was issued August 13, 2008; and
WHEREAS, the Planning Commission reviewed a staff draft Shoreline Master
Program, held a public hearing on August 27, 2008, continued the hearing to October 9,
2008 to allow additional public input, and recommended adoption of a revised
Shoreline Master Program to the City Council in February 2009; and
WHEREAS, the City Council held a public hearing on April 20, 2009, continued the
hearing to July 13, 2009 and July 20, 2009 and conducted ten in -depth work sessions to
review the Planning Commission Recommended Draft Shoreline Master Program; and
WHEREAS, pursuant to WAC 173 -26 -186, City staff has analyzed the cumulative
impacts of the staff draft Shoreline Master Program, the Planning Commission
Recommended Draft Shoreline Master Program, and the Council revisions to the
Planning Commission Recommended Draft Shoreline Master Program and determined
that the Shoreline Master Program and accompanying goals, policies and regulations
will achieve no net loss of shoreline ecological functions, as compared to current
"baseline" conditions; and
WHEREAS, pursuant to WAC 173 -26 -186, the proposed Shoreline Master Program
contains policies and regulations to ensure to net loss of shoreline ecological functions,
to address adverse cumulative impacts and to fairly allocate the burden of addressing
cumulative impacts among development opportunities; and
WHEREAS, the City Council reviewed written and verbal testimony and approved
revisions to the Planning Commission Recommended Draft Shoreline Master Program
to address issues raised by interested parties, individual Councilmembers, staff and the
Department of Ecology; and
WHEREAS, throughout the process of updating the Shoreline Master Program, a
variety of methods were used to notify the general public and property owners along
the shoreline of the proposed Shoreline Master Program update, including mailings to
property owners and tenants, notice boards along the Green River Trail, postings on the
City's web site, creation of a broadcast email group who received updates of the
shoreline review process and articles in the City's newsletter; and
WHEREAS, notice has been provided to the Washington State Department of
Commerce, pursuant to RCW 36.70A.106;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Shoreline Master Program Established. The Shoreline Master Program,
with accompanying maps, attached hereto as "Attachment A," is hereby adopted and
shall become binding, as of the effective date of this ordinance, on all properties within
the shoreline jurisdiction.
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Section 2. Repealer. The Shoreline Master Program, adopted by reference in
Section 5 of the 1995 Comprehensive Plan, adopted in Section 1.A of Ordinance No
1757, is hereby repealed.
Section 3. 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 4. 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, or approval of the Shoreline Master
Program set forth in "Attachment A" by the Washington State Department of Ecology
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Special Meeting thereof this day of 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published.
Effective Date:
Ordinance Number:
Attachment: "Attachment A" Shoreline Master Program
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