HomeMy WebLinkAboutCOW 2009-11-23 Item 4I.1 - Shoreline Master Program - Attachment A.01: IntroductionTUKWILA SHORELINE MASTER PROGRAM
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December 14. 2009
Prepared by Tukwila Department of Community Development
with the assistance of ESA Adolfson
Attachment A
This report was funded in part through a grant from the Washington State Department of
Ecology.
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TABLE OF CONTENTS
1. INTRODUCTION 1
1.1 Purpose and Background 1
1.2 Shoreline Jurisdiction 2
2. TUKWILA'S SHORELINE MASTER PROGRAM 5
2.1 SMP Components 5
2.2 SMP Elements 5
2.3 History of SMP Planning in Tukwila 6
2.4 Current SMP Update Process 6
2.5 Citizen Review Processes 7
3. DEFINITIONS 9
4. SHORELINE INVENTORY AND CHARACTERIZATION SUMMARY 19
4.1 Watershed Context and Shoreline Modifications 19
4.2 Biological Resources and Shoreline Functions 20
4.3 Land Use 21
4.4 Restoration Opportunities and Potential Use Conflicts 23
4.5 Conclusions 25
5. SHORELINE RESTORATION PLAN SUMMARY 27
5.1 Background 27
5.2 Assessment of Shoreline Functions 27
5.3 Plans, Programs, and Completed Projects 29
5.4 Restoration Opportunities 30
5.5 Potential Projects and Priorities 30
6. SHORELINE GOALS AND POLICIES 33
6.1 Shoreline Environment Designations, Comprehensive Plan Goal 5.1 33
6.2 Shoreline Planning and Management, Comprehensive Plan Goal 5.2 35
6.3 Land Development Use and Economic Vitality, Comprehensive Plan
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Goal 5.3 36
6.4 Private Property Rights, Comprehensive Plan Goal 5.4 37
6.5 Shoreline Design Quality, Comprehensive Plan Goal 5.5 38
6.6 Access and Recreational Use, Comprehensive Plan Goal 5.6 39
6.7 Transportation within the Shoreline Jurisdiction, Comprehensive Plan
Goal5.7 42
6.8 Historical Resource Use and Archaeological Protection,
Comprehensive Plan Goal 5.8 43
6.9 Natural Environment and Habitat Use, Comprehensive Plan Goal 5.9 43
6.10 Water Quality, Surface Water and Flood Control Use, Comprehensive
Plan Goal 5.10 44
6.11 Public Health, Safety and Welfare, Comprehensive Plan Goal 5.11 45
7. SHORELINE ENVIRONMENT DESIGNATIONS 47
7.1 Existing Regulatory Framework 47
7.2 Key Findings of the Shoreline Inventory Characterization Report and
Restoration Plan 48
7.3 State Environment Designation System 49
7.4 Proposed Environment Designations 51
7.5 Determination of Shoreline Buffers 55
7.6 Shoreline Residential Environment 60
7.7 Urban Conservancy Environment 63
7.8 High Intensity Environment 67
8. SHORELINE USE REGULATIONS 71
8.1 General Use Regulations 71
8.2 Shoreline Residential Environment -Uses 71
8.3 Urban Conservancy Environment Uses 74
8.4 High Intensity Environment Uses 76
9. SHORELINE DEVELOPMENT STANDARDS 79
9.1 Applicability 79
9.2 Shoreline Residential Development Standards 79
9.3 High Intensity and Urban Conservancy Environment Development
Standards 80
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9.4 Surface Water and Water Quality 82
9.5 Flood Hazard Reduction 83
9.6 Shoreline Stabilization 84
9.7 Archaeological, Cultural and Historical Resources 86
9.8 Environmental Impact Mitigation. 87
9.9 Off Street Parking and Loading Requirements 88
9.10 Vegetation Protection and Landscaping 89
9.11 Land Altering Activities 97
9.12 Marinas, Boat Yards, Dry Docks, Boat Launches, Piers, Docks and
Other Over -water Structures 98
10. ENVIRONMENTALLY SENSITIVE AREAS WITHIN THE SHORELINE
JURISDICTION. 103
10.1 Purpose 103
10.2 Applicability, Maps and Inventories 103
10.3 Best Available Science 104
10.4 Sensitive Area Studies 104
10.5 Procedures 107
10.6 Wetland Determinations and Classifications 107
10.7 Watercourse Designation and Ratings 109
10.8 Fish and Wildlife Habitat Conservation Areas 110
10.9 Wetland Watercourse, and Fish and Wildlife Habitat Conservation
Area Buffers 110
10.10 Areas of Potential Geologic Instability 113
10.11 Sensitive Areas Permitted Uses and Alterations. 116
10.12 Sensitive Areas Mitigation 120
11. PUBLIC ACCESS TO THE SHORELINE 126
11.1 Applicability 127
11.2 General Standards 128
11.3 Requirements for Shoreline Trails 129
11.4 Publicly -Owned Shorelines 129
11.5 Public Access Incentives 130
11.6 Exemptions from Provision of On -Site Public Access 131
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12. SHORELINE DESIGN GUIDELINES 133
12.1 Relationship of Structure to Site 133
12.2 Building Design 134
12.3 Design of Public Access 134
13. SHORELINE RESTORATION 137
13.1 Shoreline Substantial Development Permit Not Required 137
13.2 Changes in Shoreline Jurisdiction due to Restoration 137
14. ADMINISTRATION 141
14.1 Applicability of Shoreline Master Program and Substantial
Development Permit 141
14.2 Substantial Development Permit Requirements 141
14.3 Shoreline Conditional Use Permit 142
14.4 Shoreline Variance Permits 144
14.5 Non conforming Development 146
15. APPEALS 153
16. ENFORCEMENT AND PENALTIES 153
16.1 Violations 153
16.2 Enforcement 153
16.3 Inspection Access 153
16.4 Penalties 154
16.5 Remedial Measures Required 154
16.6 Injunctive Relief 154
16.7 Abatement 155
17. MASTER PROGRAM REVIEW AND AMENDMENTS 155
18. LIABILITY 155
LIST OF FIGURES
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Figure 1. Current Tukwila SMP Shoreline Management Zones (1974 SMP, TMC 18.44) 48
Figure 2. Minimum Levee Profile 60
Figure 3. Schematic of Proposed Shoreline Residential Environment and Buffer 62
Figure 4. Schematic of Proposed Shoreline Jurisdiction and Buffers for the Urban
Conservancy Environment in Areas without Levees 64
Figure 5. Schematic Showing the Proposed Shoreline Jurisdiction and Buffer for the High
Intensity Environment 68
LIST OF TABLES
Table 1. General Restoration Potential within the Shorelines of Tukwila 28
Table 2. State Recommended Environment Designation System WAC 173 -26 -211 (5) 50
Table 3: Summary of Buffer Widths 53
Table 4. Tree Replacement Requirements 92
Table 5. River Buffer Vegetation Planting Densities 96
LIST OF MAPS
Map 1. Potential Annexation Areas
Map 2. Transition Zone
Man 3. Annexation History
Map 311. Proposed Shoreline Environments
Map 45. Shoreline Armoring
Map 56: Sensitive Areas in the Shoreline
Map 67. Shoreline Public Access
APPENDICES
4-A. Shoreline Inventory and Characterization Report
2,B. Shoreline Restoration Plan
Cumulative Impacts Analysis
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1. INTRODUCTION
February, 2009 Planning Commission Recommended
Shoreline Master Program
1.1 Purpose and Background
This document presents the Shoreline Master Program (SMP) for the City of Tukwila. It is
an update to Tukwila's existing SMP, originally adopted in 1974. The SMP is intended to
guide new shoreline development, redevelopment and promote reestablishment of natural
shoreline functions, where possible. It was prepared in conformance with the Washington
State Shoreline Management Act (Chapter 90.58 RCW) and its implementing regulations
(WAC 173 -26).
This Shoreline Master Program represents the first substantial amendment to the existing
SMP since its adoption in 1974, and reflects changes n.aocal .conditions and priorities and
the evolving State regulatory environment. An example of changes in local conditions is
that Tukwila has annexed significant amounts of shoreline:s,.from 42nd Avenue South
northward and is evaluating additional annexation of King County shoreline areas upstream
of the southern City limits (Potential Annexation Area Map, Map 1). On these portions
of the shoreline, since the SMP was not Updated concurrently with the annexations,
regulators still use the King County SMP and not T ikWlla's.
An example of changes in the State's regulatory environment is seen in the series of
regulations adopted in 19951?y the Washington State Legislature intended to simplify and
streamline the development process. This effort included amendments to RCW 36.70A
requiring that goals and policies of local SMPs be integrated into local Growth Management
Act (GMA) supportive> plans. 'Consistency between the Shoreline Master Program, the
Comprehensive Plan and implementing regulations is required. The GMA also requires that
land use planning efforts be coordinated among all involved citizens, local, regional and
Tribal goveriitiirits and businesses. The new Tukwila Master Program complies with these
state requirements..
New guidance issued by the Department of Ecology for local governments updating their
SMPs adds newrequirements to the preparation process, including a Shoreline Restoration
Plan and a Cuitulative Impacts Analysis.
This Shoreline Master Program presents background information on the Shoreline
Management Act, describes shoreline jurisdiction in Tukwila, summarizes the amendment
process carried out to date, presents a summary of the Shoreline Inventory and
Characterization, presents a summary of the Shoreline Restoration Plan, proposes shoreline
environments, and establishes goals, policies and regulations, which apply to all activities on
all affected lands and waters within the shoreline jurisdiction. In addition, there is a chapter
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that establishes design guidelines. Maps are provided to illustrate shoreline jurisdiction and
environments. The Shoreline Inventory and Characterization Report is provided in
Appendix A. The Restoration Plan is provided in Appendix B. A Cumulative Impacts
Analysis is provided as a stand -alone document.
1.2 Shoreline Jurisdiction
A. Jurisdiction under the Shoreline Management Act
The Shoreline Management Act, or SMA, (RCW 90.58) establishes regulations for the
management and protection of the state's shoreline resources and requires planning for
reasonable and appropriate uses. The Act calls for a joint planning effort between state and
local jurisdictions, requiring local government to develop its own Shoreline Master Program
based on state guidelines.
The SMA requires that local governments establish shoreline jurisdiction for those bodies
of water and lands that are considered to be "shorelines of the state" or "shorelines of
statewide significance." Shorelines of the state include rivers with a mean annual flow of
at least 20 cubic feet per second (cfs). Shorelines of statewide significance in western
Washington include rivers with a mean annual flow of at least 1,000 cubic feet per
second (cfs). The minimum shoreline environment required by the SMA includes all
lands 200 feet from the "ordinary high water mark" or floodway of a state shoreline,
whichever is greater, and all wetlands associated with these state shorelines and located
within the 100 -year floodplain. The following graphic illustrates the jurisdiction of the
Shoreline Management Act.
Ordinary high
water mark
(OHWM)
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1111 1111 =1111
1111. =1111_1111 -1111- 1111 °1111 -11
1111 1111 1111 011 011 011 III
1 200'
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200' from OHWM or flood way and
all marshes, bogs, and swamps in
100 year flood plain
Wetland in 100 year
Flood plain
IIII =IIII= III =IIII= _III =IIII =1111
1111 1111 1111 1111 1111 1111 1111 1111 =1111:
200' from OHWM and 100 year flood plain
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1111 1111 1111 111 IIII IIII IIII 1111 IIII
200'
Flood wav
100 Year Flood Rain
Figure 1.1 Lands and waters under the jurisdiction of the Shoreline Management Act
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B. Shoreline Jurisdiction in Tukwila
The Green/Duwamish River is the only "shoreline of statewide significance" in the city
(RCW 98.58.030). Throughout the SMP document, the term "Shoreline Jurisdiction" is
used to describe the water and land areas subject to shoreline jurisdiction in Tukwila.
Based on SMA guidelines for shoreline jurisdiction, Tukwila's Shoreline Jurisdiction is
defined as follows:
The Tukwila Shoreline Jurisdiction includes the channel of the
Green/Duwamish River, its banks, the upland area which extends
from the ordinary high water mark landward for 200 feet on each
side of the river, floodways and all associated wetlands within its
floodplain. For the vurvose of determininz shoreline jurisdiction
only. the floodwav shall not include those lands that have
historically been vrotected by flood control devices and, therefore,
have not been subject to flooding with reasonable rezularity.
The Tukwila SMP applies to all development activity occurring within the Shoreline
Jurisdiction, which corresponds to the Shoreline Overlay District as established by
Chapter 18.44 of the Tukwila Municipal Code.
The use of the ordinary high water mark, or OHWM, represents a change from the
previous Master Program, which used the mean- high -water mark (MHWM). The
MHWM is the elevation of the surface of Green River and Duwamish River waters when
the discharge rate at the U.S. Geological survey Stream Gauging Station near Auburn is
9,000 cfs. Locating the MHWM requires the skills of a surveyor. The OHWM is used to
define the usual height of water, as evidenced by soil and vegetation conditions. It may
be visually located based on the line between flood tolerant and non flood tolerant
vegetation along the riverbank. Due to the relative ease of locating the OHWM, this
measure is preferred and therefore implemented in this SMP. The Shoreline
Management Act also requires the use of the OHWM as the means by which location of
the shoreline environment is determined.
All proposed uses and activities under its jurisdiction must be reviewed for compliance with
the goals, policies and regulations herein. All proposed uses and development occurring
within shoreline jurisdiction must conform to chapter 90.58 RCW, the Shoreline
Management Act and this Master Program whether or not a permit is required.
This Master Program includes the two proposed annexation areas indicated in the
Comprehensive Plan (Map 1). The north annexation area is located between the
Green/Duwamish River on the east, Military Road to the west, and from S. 128th Street
north to S. 96th Street. The south annexation area is located between I -5 and the Green
River, south of the City limits to S. 204th Street. Adoption of shoreline policies and
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environment designations for newly annexed areas would require an amendment to the
Shoreline Master Program. To avoid having to amend the SMP later, these potential
annexation areas are considered here and the environmental designations and regulations
will apply upon annexation.
In response to regional policies of the King County Growth Management Planning Council,
Tukwila designated two key areas as its Urban Center and its Manufacturing Industrial
Center (MIC). The Southcenter area, from I -405 south to S. 180 Street was designated the
"Urban Center," and the Duwamish Corridor, an area where existing industrial employment
is concentrated, was designated as Tukwila's "Manufacturing Industrial Center." Both of
these areas have lands adjacent to the river and are identified on Map 1.
The Tukwila Urban Center is continuing to expand and intensify the Westfield Southcenter
Mall recently completed the addition of 475,000 sq. ft. of retail space and a new 220,000
square foot shopping center along Southcenter Parkway, Southcenter Plaza recently was
completed. This SMP assumes the re- development of Tukwila's Urban Center and the MIC
will affect the character of the river, as it has in the past.
The City Council adopted a Strategic Implementation Plan for the MIC on November 2,
1998. The Plan includes an analysis of existing conditions along the shoreline, narratives of
various habitats, current regulations, proposed requirements and prototypes for future
development along the shoreline in the MIC. The Strategic Plan was prepared in
conjunction with a Planned Action Environmental Impact Statement that analyzed
development alternatives in the MIC area and streamlined SEPA review for development in
that corridor for the past 10 years. These documents are now 9 -12 years old. Where
changed circumstances dictate, the SMP will provide updated guidance and regulations for
the MIC area. The MIC area has significant potential for redevelopment.
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