HomeMy WebLinkAboutCOW 2006-06-12 Item 5C - Resolution - Offsite Wetland Mitigation Plan S W COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 06-069 I ORIGINAL AGENDA DATE: 06/12/06
AGENDA ITEM TITLE Off -Site Wetland Mitigation Program
CATEGORY Disausion Motion Resolution Ordinance ❑Bid Award Public Hearing Other
dig Date 6/12/06 dig Date dig Dote Mtg Data dig Dote dig Day dig Date
I SPONSOR Council Mayor Adm Sees DCD Finance Fin Legal POR Police Pr
SPONSOR'S Discuss proposed off -site wetland mitigation program, using a consolidated mitigation
SUMMARY approach, where developers would carry out mitigation on City-Owned properties under
supervision of staff and in accordance with the Sensitive Areas Ordinance. Authorize the
Mayor to enter into agreements with developers for use of City land for mitigation
purposes.
REVIEWED BY COW Mtg. CA &P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 05/09/06
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve resolution
CONN: EE Discuss and approve resolution
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL- ACTION
MTG. DATE' ATTACHMENTS
6/12/06 Information Memo, June 7, 2006
Draft Resolution Approving an Off -Site Wetland Mitigation Program
Staff Report "Off -Site Wetland Mitigation Program for Tukwila, April 24, 2006
Community Affairs and Parks Committee Meeting Minutes (5/9/06)
I I
*Staff report distributed under separate cover.
1
City of Tukwila
Steven M. Mullet, Mayor
Department of Community Development
Steve Lancaster, Director
INFORiWATION l'I'IEl\'IO
To:
From:
Date:
Subject:
Mayor Mullet l/'-'
Steve Lancaster, Director, Department of Community Development )( ~;
June 7, 2006 .7-
Off-Site Wetland Mitigation Program
Project No. N/A
ISSUE
Staff wishes to obtain approval for a proposed wetland mitigation program to facilitate off-site
mitigation for public and private development projects where on-site mitigation for wetland
impacts is not feasible. This proposal was presented to the CAP at their meeting of May 9, 2006.
The CAP recommended forwarding it to the COW for discussion and approval of a resolution.
The item is on the COW agenda for June 12,2006.
BACKGROUND
Staffhas developed a program for off-site mitigation of wetland impacts. The objective of the
program is to provide a flexible mechanism for off-site wetland mitigation in situations where
small wetland fills cannot be avoided on a property, and where on-site mitigation is not practical.
The program would provide a small network of city-owned and possibly some privately-owned
sites that could be used by developers (particularly for small infill developments) for wetland
enhancement and creation. It would also achieve no net loss of wetland and/or an increase in
wetland functions by consolidating wetland compensation or restoration actions into larger, less
isolated and/or higher functioning sites.
This program is not intended to alter the mitigation sequencing requirement in the Sensitive
Areas Ordinance (TMC 18.45.090 C), which states that applicants must demonstrate that
reasonable efforts have been made to avoid and minimize impacts. Only after it is demonstrated
that avoidance and on-site mitigation is not practicable, or would result in a net wetland loss or a
net loss in wetland function, 'would off-site mitigation under this program be considered.
s. Whiting Page I of3 06fOl12006 10:35:00 Acyl
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6300 South center Boulevarrt Suite #100 . TukwilaJ Washington 98188 . Phone: 206.431.3670 . Fax: 206.431-3665
TMC 18.45.090E already allows for off-site mitigation under certain circumstances when:
(a) On-site mitigation is not scientifically feasible due to problems with hydrology, soils,
waves or other factors; or
(b) Mitigation is not practical due to potentially adverse impact from surrounding land
uses; or
(c) Existing functional values created at the site of the proposed restoration are
significantly greater than lost wetland values; or
(d) Established regional goals for flood storage, flood conveyance, habitat or other
wetland functions have been established and strongly justify location of mitigation at
another site.
Therefore, no change in the Sensitive Areas Ordinance would be required in order to implement
the proposed program.
DISCUSSION/ANAL YSIS/ALTERi'lATIVES
Staff carried out an analysis of City-O\vned properties to identify those with potential wetland
mitigation sites, in cooperation with Public Works, Parks and Recreation, and the Fire
Department. Three City-owned sites were selected as the best initial candidates for the program
and a consultant was hired to develop conceptual mitigation plans and cost estimates for each of
the three sites. The initial sites are: Fire Station 53 (undeveloped portion), Macadam wetland
site (excluding the Winter Garden site), and an existing parklbicycle trail along the Green River.
Privately-owned properties that could be candidates as wetland mitigation sites were also
identified and property owners are being contacted by Staff to detennine their interest in making
their property available to developers as mitigation sites. The City's role in this would be to
match developers with interested property owners.
Staff evaluated three alternative wetland mitigation management instruments that could be used
to implement the program:
1) Alternative 1 Wetland Banking. This would require the City to implement mitigation
up front at a designated site and later "sell" credits to developers that need to do off-
site wetland mitigation. This approach would involve a complicated and lengthy
authorization process with the Corps of Engineers and Department of Ecology
2) Alternative 2: Consolidated Mitigation at designated sites. This would be an informal
program that directs off-site mitigation to designated sites, but the mitigation would be
carried out by the developer under City supervision., and
S. Whiting Page 2 00 06/0112006 10:35:00 Ai\1
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3) Alternative 3 In-Lieu Fee program. This approach would establish fees to be charged
to developers in-lieu of them carrying out wetland mitigation. The City would then use
the fees to implement a mitigation plan.
The benefits of using any of the three alternative management instruments include:
. Consolidating mitigation for many small losses in larger sites can be more environmentally
beneficial than traditional piecemeal on-site compensatory mitigation;
. Selected mitigation sites can be more efficiently monitored than numerous smaller sites,
providing some economies of scale with respect to staff oversight;
. The wetland resources on city-o\vned property can be protected in perpetuity;
. Some wetland mitigation projects could work hand in hand with Parks and Recreation
Department projects; and
. Some mitigation could be directed to the GreenJDuwamish River in support of\VRlA 9
goals.
The attached report entitled "Offsite Wetland Mitigation Program for Tuk.'"\vila" provides a
detailed evaluation of off-site wetland mitigation program options.
RECOMMENDATION
As indicated in the "Off site Wetland J'vlitigation Program for Tulmila", staff recommends City
Council approval of Alternative 2, consolidated mitigation at selected sites and approval of the
attached proposed resolution.
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DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, APPROVING Ai'/" OFF-SITE WETLAi'ID ~llTIGATION
PROGRA..\.f ON CITY-OWNED PROPERTIES, AND AUTHORIZING THE
MAYOR TO NEGOTIATE AGREEMENTS WITH DEVELOPERS FOR USE
OF CITY-OWNED PROPERTY FOR WETLAND MITIGATION.
WHEREAS, in an effort to address the increasing pressure for development in
Tukwila on properties that have wetlands, staff has proposed a program for off-site
wetland mitigation when on-site alternatives are not adequate; and
WHEREAS, the proposed program has been conceived to help facilitate
development, particularly for small developers, while at the same time providing
environmental benefits by directing mitigation for many small wetland losses to larger
or more highly functioning sites; and
V>'HEREAS, the proposed program could help the City achieve some of the goals of
the WRlA 9 Salmon Habitat Enhancement Plan. such as development of riparian
wetland areas along the GreenjDuwamish River; and
WHEREAS, projects under the CIP, where wetland mitigation is needed, could
benefit from this proposed program; and
WHEREAS, the Sensitive Areas Ordinance allows for off-site wetland mitigation
when on-site mitigation is not scientifically feasible; or not practical, due to adverse
impacts from surrounding land uses; or functional values created at the proposed
restorationj enhancement site are significantly greater than lost functions; or regional
goals have been established and justify location of mitigation off-site; and
WHEREAS, staff evaluated possible alternatives for off-site mitigation programs
and sites, and determined that the proposed alternative of consolidated mitigation on
certain City-mvned properties is the most straightforward approach, which would
make the developer responsible for designing and implementing wetland mitigation
under staff supervision;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON HEREBY RESOLVES AS FOLLOWS:
Section 1. The concepts of the Off-Site Wetland Mitigation Program (contained in
the attached Staff Report - "Off-Site Wetland Mitigation Program for Tllkwila/' April 24,
2006) are hereby approved.
Section 2. The Mayor of the City of Tukwila is hereby authorized to enter into
agreements with developers for using portions of City-mvned properties for off-site
wetland mitigation.
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Section 3. Any agreement for use of City-owned property for such mitigation shall
be consistent with all applicable City of Tub'li1a ordinances and regulations, including
Tub\'i1a's Sensitive Areas Ordinance, in force at the time of development appro\'al.
Section <t Funds received from developers for use of City'-o\'med property' shall be
used solely to support wetland or stream enhancement projects within Tub'.'i1a.
Section 5. Any agreement for use of the City property for such mitigation shall
incorporate measures approved by the Director of the Department of Communit}'
Development to ensure the long-term ecological success of the mitigation program.
PASSED BY TIIE CITY COUNOL OF TIIE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of .2006.
ATIFSf / AUTHENTICATED,
Dennis Robertson, Council President
Jane E. Cantu, CMC, City Oerk
APPROVED AS TO FORlvI BY:
Office of the City Attorney
Filed with the City Clerk:
Passed by the City Council:
Resolution Number,
Attachment: Staff Report -
'Off-Sire WeIland Mitigalian Program for Tukwila," April 24, 2006
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Community Affairs and Parks Committee
May 9, 2006
Present:
Joan Hernandez, Chair; Joe Duffie, Pamela Linder,
Steve Lancaster, Jack Pace, Sandra Whiting, Bruce Fletcher, Derek Speck, Peter
Beckwith, Kimberly Matej, Bill Gorjance, Brian Kennedy, Chuck Parrish
1. Till Artwork Update. Bill Gorjance and Brian Kennedy from the Arts Commission
presented the Art Commission's proposal for three permanent art locations on TIE. The
artist, Mara Smith, is a renowned artist who did the TukwiIa Gateway carvings. The TIB
artwork consists of three separate carvings done in raw brick reflecting Tukwila' s natural
beauty, one a panoramic sketch of Mt. Rainier, another of a heron, and another of an
Eagle in flight. The artist's process involves carving the raw brick, which takes
approximately one month, then firing the brick and drying the brick, which takes another
month, followed by inserting the sketch into one of the panels. The Art Commission
carried over funding from the 2005 budget to complete this artwork and it is within the
budgeted amount. According to Bruce, the installation of the art work will cost another
$10,000 and will be taken from another budget. We are currently waiting for the formal
contract to be signed before work can begin. Presentation was on the agenda for
information only. No action requested at this time.
2. Interlocal Al!reement with City of Seattle for Hearinl! Examiner services. The
Interlocal Agreement with the City of Seattle for Hearing Examiner services has been in
effect for one year and will need to be renewed ifTukwila wants to continue using Seattle
for Hearing Examiner Services. Peter Beckwith presented a draft of the proposed
Interlocal Agreement with the recommendation that the agreement be renewed for two
years rather than one year. An increase of $5.00 per hour is being proposed making the
compensation $75 per hour, plus mileage and a 515 flat fee for round trip travel to
Tukwila. Also, due to the high incidents offailure-to-appear for drug forfeiture hearings,
the draft agreement contains a clause that drug asset forfeiture hearings shall have a one-
hour minimum hearing examiner service charge unless Tukwila notifies Seattle of the
hearing cancellation at least 24 hours prior to the scheduled hearing time. DCD is the
primary consumer of these services and Steve Lancaster said his department is pleased
with the services and the fact that the hearing examiner is wj\ling to travel to Tukwila to
conduct the hearings. Forward to CO'V with committee recommendation for
approval at the next Regular Meeting.
~.
Off-site wetland mitigation nrol!1'am. Sandra Whiting, Urban Environmentalist,
explained the objectives of the off-site wetland mitigation program and what it will
accomplish. In cases where small wetland fills cannot be avoided, and where on-site
mitigation for wetland impacts is not feasible, the program would provide alternatives for
developers by identifying potential sites where they could carry out off-site wetland
mitigation. After investigating three alternatives, staff is recommending the consolidated
mitigation approach at designated sites. Consolidated mitigation would direct off-site
mitigation to designated sites where the mitigation would be carried out by the developer
under the City's supervision. After careful analysis, staff is proposing three initial sites
for implementation of a conceptual off-site mitigation plan. The three sites are:
(a) The Macadam wetland (b) Fire Station 53 wetland and (c) North of the Riverview
Plaza office complex along the Green River. Private property and additional city owned
sites, such as Tukwila Pond, could also be candidates for off-site mitigation in the future.
Committee Recommendation: Fonvard to COW for discussion and approval of a
Resolution authorizing the use of City owned properties for wetland mitigation and
establishing criteria for determining fees on a case-by-case basis.
4. Joint meetin!!: with SeaTac City Council's Land Use Committee. Following up on a
previous discussion about arranging a joint meeting between our CAP committee and the
City of SeaTac's Land Use Committee, Steve Lancaster offered two dates for the
committee's consideration, J\!ne 8111 or June 15111, and suggested a topic of mutual interest
to the two committees might be a discussion of the issues surrounding the Sound Transit
Light Rail Station. Committee members agreed this topic was a good choice for a
discussion between the two committees. Steve asked committee members to email him
their preferred date, and he will contact Steve Butler of the City of SeaTac for their input.
5. 2006 First Quarter Reports. Committ-ee members reviewed 1" Quarter Reports and
asked questions of staff. Steve Lancaster reported that the new plumbing permit process
is working very well. Bruce Fletcher reported that the hanging flower basket program
will be returning this summer He said he has received many compliments about our
parks. Bruce was asked about the proposed pea patch parks at Riverton and at Cascade
View Bruce said that due to vandalism at Cascade View Park, a decision has been made
not to have a pea patch there and to create 20 pea patch spots at Riverton Park and make
them available to gardeners for $25.00 each. Joe voiced his concern about unwanted
activities occurring at some of our parks and Bruce said the weekend staff will be starting
soon and he will ask them to keep an eye on things.
Jmb Committee Chair Approval
Minut~ Prepared by: Joan Hernandez